Nha Trang Project Management Board of construction works (the tenderer) is organizing a bidding via the online construction package. Bidding documents (E-HSMT) are made according to the form issued together with Circular No. 04/2017 / TT-BKHDT detailing the selection of contractors through the National bidding network system.

Accordingly, E-HSMT stipulates the time for contract performance is 120 days. But in the online bidding form, the contractor enters the contract performance period of 12 days. In the technical proposal that entered by the contractor on the network, the construction schedule is 120 days.

Through the Receiving and Responding  System to proposals of enterprises, the Management Board of Nha Trang Construction Projects would like to ask, whether the time for implementing the bidding package stated in the tender application shall be considered consistent with the technical proposal. technology and meet the time required by E-HSMT or not? Is the contractor's E-HSDT valid?

Regarding this issue, Nha Trang Construction Project Management Board (the tenderer) The Ministry of Planning and Investment has the following opinions:

Clause 12, Article 4 of the Bidding Law provides Bidding means the process of selecting a tenderer to sign and implement contract of provision of advisory services, non-advisory services, procurement of goods, construction and installation; selecting an investor to sign and implement contract of investment project in form of public-private partnership, investment project with land use on the basis of ensuring competitiveness, fairness, transparency and economic efficiency.

According to Section 23, Chapter I, Form of bidding documents for construction and installation issued together with Circular No. 04/2017 / TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment, E-HSDT basically satisfies E-HSDT and meets the requirements of E-HSMT without any differences, put conditions or omits basic content.

Differences, conditions or omissions of basic content mean points in E-HSDT that:

- If accepted, it will significantly affect the scope, quality or efficiency of the work specified in the contract; causing significant restrictions and inconsistencies with E-HSMT with respect to the Investor's rights or contractors' contractual obligations;

- If amended, it will unfairly affect the competitive position of other contractors with E-HSDT that substantially meet the requirements stated in E-HSMT.

For issues mentioned in the Board's documents, if the other contents of the Bidder's E-HSDT meet the requirements of E-HSMT, the contractor's time for contract performance on the webform is 12 days (E -HSMT stipulates the time to execute the package is 120 days; the technical proposal of the contractor attached to the E-HSDT also records the time of contract performance is 120 days) is considered a fundamental error.

Accordingly, the bid solicitor should continue to consider and evaluate the E-HSDT of the contractor according to the technical proposal of the contractor enclosed in the E-HSDT.