Should company make a clarification of bids or giving fail results to bids?

Sun, 24 Feb 2019 13:03:00  |  Print  |  Email   Share:

( – The clarification of bids shall be made only between the procuring entities and the bidders that need to clarify bids and must ensure the principle of not changing the nature of the bidders participating in bids.

The unit of Mr. Ta Thien Giang (in Bac Ninh Province) is bidding for the construction and installation package, the contractor has the following errors:

- According to the bidding documents, the annual turnover data from construction activities has been for the last 3 years but in the bid record the annual turnover from construction activities has been for the last 2 years.

- The Labor safety officer declared in the list of professional experience that has been since 2010, but in the labor contract signed in 2012.

The equipment declaration for the year of manufacture does not match the invoice.

- The explanation of the organization chart at the construction site does not match the personnel list.

- Organization of construction sites, drawings and explanations are not consistent with each other.

- Table of construction progress does not match with the time stated in the bidding application.

Mr. Jiang would like to ask, should his unit request contractor to add, clarify the documents or give them the failing result?

Regarding this issue, The Ministry of Planning and Investment has the following opinions:

Clause 1 and Clause 3, Article 16 of the Decree No. 63/2014 / ND-CP of the Government has stipulated, upon completion of the bid opening, bidders are responsible to clarify their bid packages as requested by the procuring entities.

I n case bidder's evidence for their validation, competence and experience have been lacked, procuring entities request bidders to clarify and provide further documents to prove their validation, competence and experience.

With the technical and financial proposals contents stated in the bid of the bidder, the clarification must ensure no change in the basic contents of bid packages and quoted bids.

This clarification is only involved by procuring entities and participating bidders, which must ensure rules for no change to the actual nature of concerned bidders.

The clarification contents must be shown in writing and kept by procuring entities as a part of the bid packages..

In addition, it should be noted that under the provisions of Point b, Clause 2, Article 18 of Decree No. 63/2014 / ND-CP, valid bid applications must have time to implement the bidding package stated in the bid application and must be appropriate with technical suggestions.

By: Online Newspaper of the Government / Translator: HaiYen-Bizic


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