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BULLETIN ON CAPITAL CONSTRUCTION LAW

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).

30/05/2020 Views: 13.877
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