Specifically: "... When formulating technical requirements, specific product requirements are given that only one specific manufacturer's product can meet, while there are many manufacturers in the market who can supply goods in the bidding package."

Mr. Minh's unit has sent a request for clarification to the bidder, but has not received a satisfactory response. So, how should this case be handled?

The Ministry of Planning and Investment responds to this issue as follows:

Clause 2, Article 12 of Decree No. 63/2014/ND-CP stipulates that bidding invitation documents must not include any conditions to restrict the participation of contractors or to create advantages for one or several contractors, causing unfair competition.

According to the guidelines in Point a, Clause 2, Appendix 9 of Circular No. 08/2022/TT-BKHDT, one of the contents in the bidding document (E-HSMT) that violates the regulation in Clause 2, Article 12 of Decree No. 63/2014/ND-CP is when technical requirements are formulated with specific product requirements that can only be met by one specific manufacturer's product, while there are many manufacturers in the market who can supply goods in the bidding package.

Therefore, the preparation of the bidding document (E-HSMT) must comply with the above regulation. In case the contractor realizes that their rights and interests are affected, they should make a proposal according to the procedures specified in Chapter XII, Section 1 of the Bidding Law and Section 2 of Decree No. 63/2014/ND-CP.