Ms. Dang Ha Sam (in Ha Tinh Province) is evaluating the result of contractor selection for a construction and installation bidding package, organizing the online selection of contractors in a one-stage, one-envelope form. There are two bidders participating in the bid: - The first contractor: The bid guarantee is signed on August 14, 2019 for the partnership, but the partnership agreement is signed on August 16, 2019.
Ms. Sam asked, in this case, is the evaluation of the bid guarantee invalid? Is E-HSDT clarification required or allow a contractor to adjust?
- Second contractor: Evaluation of technical criteria does not meet E-Bidding Documents and during the financial evaluation, it is discovered that the contractor has declared dishonestly in comparison to another bidding package that has participated in the bid before.
So, how should the second contractor be handled? In this case, is the bid solicitor valid?
The Ministry of Planning and Investment responded to this issue as follows:
Clause 2, Article 18 of Decree No. 63/2014 / ND-CP of the Government stipulates, one of the conditions for evaluating the validity of a bid is to have a bid security with the value and validity period meeting the requirements of the bidding dossier. For the case of providing bid security in the form of submitting a letter of guarantee, the letter of guarantee must be signed by the legal representative of the credit institution or foreign bank branch established under the law of Vietnam signed with value and validity period, beneficiary units according to the requirements of the bidding documents.
Under the guidance in Section 18.1, Chapter I of the Bidding Documents Form with the application of the one-stage and one-envelope method (Form 01) issued together with Circular No. 03/2015 / TT-BKHDT dated May 6 / 2015 of the Ministry of Planning and Investment, in case of a partnership, the bid security must be implemented in one of the two following ways:
- Each joint venture member will separately implement a bid guarantee but ensure the total value is not lower than the required level specified in ITB Section 18.2; If a consortium member's bid security is determined to be invalid, the bid of that partnership will not be further considered and evaluated. If any consortium member violates the provisions of the law and results in the failure to refund the bid security as prescribed in ITB Section 18.5, the bid security of all consortium members will not be refunded.
- The members of the consortium agree to let a member be responsible for implementing the bid security for that joint venture member and for other members in the partnership. In this case, the bid security may include the name of the consortium or the name of the member responsible for the implementation of the bid security for the whole consortium but ensure the total value is not less than the required level. defined in CDB Section 18.2. If any consortium member violates the provisions of law and results in the failure to refund the bid security as provided for in CDB Section 18.5, the bid security will not be returned.
Accordingly, the bid guarantee evaluation for the partnership contractor is done according to the above provisions.
In addition, if a contractor intentionally provides untruthful information in a bid that falsifies the result of contractor selection, it shall be regarded as having prohibited acts specified at Point c, Clause 4, Article 89 of the Law. Bidding will be handled according to Clause 1, Article 122 of Decree No. 63/2014 / ND-CP.