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The aforementioned package is invested by Company Limited of Corporation 15 - Branch of Company 75, Gia Lai Infrastructure Construction Consultancy Company Limited as BMT.
According to the Contractors reflection, the Bidding Package is closed and has the Bid Evaluation Report (Bid) on the same day (September 8, 2020). One day later (9/9/2020), the result of contractor selection was approved, with the winning price of 3.64 billion VND, higher than the proposed bid price of 3.623 billion VND.
“The result of contractor selection in such a short time does not guarantee other contractors have the opportunity to clarify their documents, affecting the interests of contractors participating in bidding. Therefore, we doubt the fairness and transparency in the evaluation of bids ”, emphasized the Contractor in the petition.
In particular, according to the Contractor, the Expert Group incorrectly judged that the Contractor failed due to not having 3 similar contracts, each contract worth at least 3 billion VND.
According to the Contractor, the Bidding Documents (Bidding Documents) state the minimum number of similar contracts that the Contractor has completed or largely completed as a principal contractor (independent or joint venture member). ) or subcontractors within the past 3 years (from the time of bid closing): Fertilizer supply contracts equal to 3 or other 3, at least 1 contract with a minimum value of 3 billion VND and total value of contracts greater than or equal to 9 billion VND.
The contractor proposed, has provided 5 similar contracts with a total value of more than 9 billion, including 1 contract worth 6.39 billion, meeting the requirements of the Bidding Documents. Therefore, the Contractor believes that it is not correct in BMTs assessment of the Contractor in terms of capacity and experience. In case the Contractor lacks documents to prove capacity and experience, after opening the bid, BMT requires the Contractor to clarify and supplement documents to prove capacity and experience. However, the Contractor did not receive any document from BMT requesting the Bid clarification.
"Contractors dont know how to do online bidding!"
Confirming to the Bidding Newspaper about the Contractors recommendations, Mr. Le Van Duong, Director of Gia Lai Infrastructure Construction Consultancy Company Limited said: “BMT has received the contractors recommendation and has issued a feedback".
Regarding the selection of a "speedy" contractor, Mr. Duong said that the short or long bid evaluation time is based on the progress requirements of the project, the urgency of the investors investment as well as ensuring the time according to regulations.
For the contractor whose petition was failed, failed to meet the requirements on capacity and experience, Mr. Duong emphasized: "This contractor failed because he did not know how to do the bidding for the bidding package to select the contractor online" .
According to BMT representative, the Bidding Documents showed the requirements that were attached to the electronic Government procurement system. Bidders must download and base on their bid evaluation criteria to file. Contractor has declared 5 contracts similar to requirements in the Form. “Here, the Contractor does not have 3 contracts, each contract has a minimum value of 3 billion VND as required by the Bidding Documents, leading to failure to meet the requirements of capacity and experience, so BMT does not need to request. The contractor clarified, ”said BMT representative.
Expressing his opinion on this case, a bidding expert said that the Bidding Documents should have required similar contract performance experience as required in the Form. However, the Bidding Documents does not fully record the criteria as in the Form, only recording 1 case "the number of similar contracts is 3 contracts, each contract has a minimum value of 3 billion VND", lack of case number Quantity of contracts less than or more than 3, including at least 1 contract with minimum value of 3 billion VND and total value of all contracts greater than or equal to 9 billion VND. According to the provisions of Decree No. 63/2024 / ND-CP (Article 15, Clause 1), the fact that the Bidding Documents only write one such criterion leads to controversy in the evaluation of the Bid.
“Bidding Documents must contain all evaluation criteria as outlined in the Forms section. In this case, the BMT has prepared an incomplete and incomplete Bidding Documents as in the Instruction Schedule ”, the expert confirmed.
As for the Contractor, the expert also recommends that, in the process of accessing the Bidding Documents, if there is a lack of evaluation criteria between the Bidding Documents and the Form, it is necessary to request the BMT to supplement. |
