| Work Detail |
04/01/2021 10:39
(CPT) - Construction supervision consultancy package of An Thang Road Improvement and Upgrading Project, Nam Truc District, Nam Dinh Province has just been completed. However, the results of the technical evaluation received an unsatisfied response from a contractor participating in this package.
Construction supervision consultancy package of An Thang Road Improvement and Upgrading Project, Nam Truc District, Nam Dinh Province. Artwork: Tien Giang
The bidding package is implemented from the provincial budget, priced at 1,874,000,000 VND, the total investment of the Project is 119,507,951,000 VND, selected by the form of open domestic bidding, single-stage method. paragraph two file bags. The investor is the Peoples Committee of Nam Truc district, assigns the Nam Truc district construction investment project management unit to be responsible for organizing the bidding. Bidding package was completed to open technical proposals on November 17, 2020, with the participation of 2 contractors.
Reflecting to the Bidding Newspaper, a contractor participating in the Bidding Package said that the technical criteria proposed by the Contractor in the Bidding Documents (Bid) were completely suitable and met the requirements of the Bidding Documents ( Bidding Documents), however, the Contractor is still disqualified.
Specifically, among the technical criteria, the Bidding Documents requires the bidder to propose 7 key personnel to meet the qualifications and experience requirements stated in the Bidding Documents. In which, these personnel must be under the management of the contractor (in case the key personnel are not under the management of the contractor, the reasons must be clearly stated and the mobilization ability to be demonstrated to implement the Package); each employee only undertakes one position (not concurrently); concurrently, the contractor may not change key personnel in the evaluation of bids and contract negotiation.
In the Bid, the Contractor proposes 7 personnel as required. However, through researching information, the Procuring Entity found that some of the proposed Contractors personnel in the Bid are directly participating in the supervision of a number of other projects in Nam Dinh, Bac Giang. Before the situation arises, the Procuring Entity sends a written request to the Contractor to clarify the ability to mobilize personnel to implement Package No. 01 in the direction of requiring personnel who are participating in duplicate supervision consultancy at other projects It is required to obtain certification from the project investor on the completion of the supervision consultancy work before the time the contractor wins Package No. 01.
The Contractor believes that the Procuring Entitys request for clarification is unreasonable. Because, the characteristic of each supervision consultancy bidding package is that the contract execution time depends on the construction time of the construction and installation package in that project. This means that the completion time of the supervision consultant contract depends on the completion of the construction contract. In case, due to a subjective reason or force majeure, the construction and installation package is delayed, the supervision consultancy contract will also be delayed for completion. Thus, it is impossible for these personnel to ask the investor to confirm the time of contract completion. Instead, in the clarification letter, the Contractor commits to be able to mobilize key personnel at the time of contract performance of Package No. 01 in case the Contractor is selected to win the bid. However, this commitment is not accepted by the Procuring Entity. Whereby,
According to a bidding expert, in this case, it is reasonable for the Procuring Entity to evaluate the Bidder not meeting technical requirements. Because, for supervision consultancy bidding package, the human resource factor is the most important factor. Furthermore, assessing the responsiveness of the staff is only the first step, it is important to clarify the ability to mobilize such personnel in the contract negotiation step (if the contractor is ranked first). According to the current bidding law, a key employee is allowed to declare in many bidding packages of similar size and nature, if the working hours of these employees are not identical. Accordingly, in the case of Package 01 above, if the Contractor proves that the working time of key personnel in the bidding packages is not the same, it may be proposed to win the bid. |
