During the review of the online tender tender
(E-HSDT), the invite party requires the contractor to provide the original for
the collation, clarifying the tender record. Is this true to the provisions of
applicable law? What is the legal basis of this regulation? We quote the FAQ
section relating to this issue posted on the www.baodauthau.vn e-page for your
reference.
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🍀 question :
In the process of tendering the contractor (E-HSDT)
The construction package, the specialists noticed a snapshot of the same
contract is notarized that the contractor attached to E-HSDT with extraordinary
signs should the specialist nest has recommended the solicitation to ask the
contractor to provide the original to collate. However, the contractor does not
provide the original copy of this agreement to the reason that the contract is
notarized and the specialist proposal should be based on it for evaluation and
the solicitation of the contractor has approved the contractor's explanation.
Do the contractors clarify and approve the contractor's explanation as
mentioned above in accordance with the bidding law provisions?
🍀 reply :
⭕️ Decree No. 63/2014/ND-CP (article 16,
paragraph 1) specified after opening the bid, the contractor is responsible for
clarifying HSDT at the request of the tender invitation party. The contractor's
HSDT case is missing documents proving valid validity, competence and
experience, the solicitation of the contractor requires the contractor to
clarify and supplement the material to demonstrate its validity, competence and
experience. For technical, financial recommendations stated in the contractor's
HSDT, clarification must ensure the principle of not changing the underlying
content of HSDT has been filed, without changing the bid price.
⭕️ Decree No. 63/2014/ND-CP (article 15,
paragraph 1) that THE HSDT assessment must be based ON HSDT evaluation
standards and other requirements IN HSMT, based ON HSDT's submitted, the materials
explain, clarify the contractor'S HSDT to ensure that the chosen contractor is
qualified and experienced, there is a viable solution for implementing the
package.
⭕️ as instructed in section 17 chapter I of THE
HSMT built-in form issued with Circular No. 03/2015/TT-BKHDT on 06/5/2015 of
the Ministry of Planning and Investment, the contractor shall prepare the
original documents to serve the verification upon request of the bidding party.
⭕️ Accordingly, the evaluation, clarification
OF HSDT is carried out in accordance with the above provisions. During the HSDT
assessment, where necessary the bidding party may require the contractor to
provide the original documents for comparison, validate information against the
document snapshot that the contractor has provided in the HSDT. The contractor
does not provide the original document and the solicitation to approve this
proposal of the contractor is inconsistent with the provisions of the tender
legislation, may result in a breach of the prohibited conduct in the bidding
pursuant to point C Clause 4, article 89 of the Tender Law No. 43/2013/QH13
(the contractor knowingly provides unhonest information in HSDT falsiting The
result of the contractor selection).