If the contractor's bid dossier is not declared enough key personnel, construction equipment in accordance with the requirements of the bidding documents, there is not ground to evaluate such contents.
With regard to the bid solicitor, it should note that, upon offering requirements for key personal and machinery, equipment, it is not allowed to require manual workers or require many types of unnecessary machinery in the bidding documents.
(i) value is lower, effective term is shorter than the requirements specified in Section 17.1 E-CDNT;
(ii) it is not correct name of the bidder (beneficiary);
(iii) there is no valid signature;
(iv)containing conditions placing the bidder at a disadvantage
Accordingly, in case bidding guarantee dossier of a contractor is not written correct name of the bidder (the beneficiary) as written in the online bidding dossier (E-HSMT), it is evaluated to be invalid.
Accordingly, projects on development investment financed the state's capital, state-owned enterprises’ capital which accounts for at least 30% or less than 30% but more than 500 billion VND in total invested capital of the projects belong to scope of regulation of the Law on bidding.
Notably, the aforesaid regulation only bases on value of state's capital, state-owned enterprises' capital directly contributed to total invested capital of a project rather than considering charter capital or capital contribution proportion of the state in the enterprise which is the project owner.
On the other hand, according to Clause 1 Article 68 of the Law on land No. 45/2013/QH13, organizations in charge of compensation and ground clearance include public land service organizations and compensation, support and resettlement councils.
Accordingly, with regard to the work of “organization of compensation and ground clearance”, it is not allowed to organize bidding. Instead, it shall be assigned to organizations in charge of compensation and ground clearance to carry out.
Accordingly, from January 1st, 2018, individuals are required to have the certificate of practicing in bidding operation when:
+ they directly participate in making dossiers of invitation for expression of interest, dossiers of invitation for pre-qualification, bidding dossiers, dossiers of requirements; assessment of dossiers of expression of interest, dossiers of pre-qualification participation, bid dossiers, dossiers of proposals; and
+ they belong to these units: Professional project management boards (that are field-based project management boards or area-based project management boards or project management boards that are established in order to manage professional projects); enterprises, units operating in advisory for bidding; permanent concentrated procurement units.
In contrast, they shall be exempt from the certificate of practicing in bidding operation (it is only required the certificate of training in bidding) when:
+ they belong to project management board that is established in order to execute a specific project and this project management board shall be terminated after the project completes;
+ they directly participate in the jobs mentioned in Clause 7 Article 35 of Circular No. 03 but they do not professionally operate in the bidding field.
+ they directly participate in the jobs mentioned in Clause 7 Article 35 of Circular No. 03 in concentrated procurement in the form of taking concurrent responsibilities irregularly and discontinuously and do not professionally, permanently operate in the bidding field.
With regard to bids for which the contractor selection is held before January 1st, 2018 but the work of contractor selection is not completed after January 1st, 2018, the individuals shall be allowed to continue performing their jobs until they are finished without the requirement of the certificate of practicing in bidding operation.
- To ensure transparence during the issuance of bidding documents/ request for proposals and receipt of bid packages/proposals.
- All actions aiming to obstruct the purchase of bidding documents/ requests for proposals and submission of bid packages/proposals by bidders are prohibited.
- To publish bidding documents/requests for proposals on the national bidding network in accordance with regulations of law, encourage ministries and local authorities to publish the bidding documents/requests for proposals on their websites in order to increase transparency
- When organizing selection of contractors, specify names, phone numbers and addresses of procuring entities and phone numbers of officials in charge of issuance of bidding documents/request for proposals. Bidding documents/requests for proposals shall be issued in premises of project owners, procuring entities and bidding consultants (if any).
- To publish the hotline of bidding newspaper with the phone number 0243.768.6611 when issuing bidding documents/request for proposals in order that bidders report violations of law on bidding
All violations, depending on their extent, shall be handled in accordance with regulations from Article 121 to Article 124 of the Decree No. 63/2014/ND-CP and other relevant regulations of law.