Can a similar contract be added to demonstrate capacity and experience?

Saturday, 09 September 2023 1:37 PM
In many cases, due to not clearly understanding the nature of similar contracts, inappropriate similar contracts were provided and bids were unfortunately rejected while there were many other contracts to respond. What is the current perspective on solving that problem? Let's find out with DauThau.info whether the contractor will be supplemented with a similar contract to prove his capacity and experience?
Can a similar contract be added to demonstrate capacity and experience?

Nhấn VÀO ĐÂY để chuyển bài viết sang bản tin tiếng Việt

What is a similar contract?

Similar contracts are contracts that have been signed and completed or are being completed by the contractor (over 80% of the work volume/value) and have work nature or technical requirements that are relatively similar to the work. program/project/contract package being invited for bidding. Contractors are responsible for providing similar contracts in bidding to demonstrate their experience.

Many contractors (including bid solicitors) do not properly understand the nature of similar contracts, so when preparing bids, they may unintentionally submit contracts that do not match the similar nature of the bids. The requested bidding documents lead to many situations that do not know how to handle them (Readers can refer to DauThau.INFO's article analyzing similar contracts). Usually there are two common situations that contractors and bid solicitors need to pay attention to.

Regulations on additional similar contracts in bidding

Additional documents immediately after bid closing time
Most bidding documents usually stipulate that within a number of days (usually 3 to 5 days) after the bid closing time, if the contractor discovers a lack of documents to prove his/her capacity and experience, the contractor is allowed to self-adjust. additional documents and the bidding party is responsible for receiving and evaluating these documents as part of the bid. This situation rarely happens, except in cases where the contractor does not prepare the bid documents in time or lacks some documents due to time constraints.

Supplemented after the time of bid opening at the request of the bidding party to clarify the bid documents
The second situation that occurs more often is that after the bid opening, the contractor is responsible for clarifying the bid documents according to the request of the bidding party. In case the contractor's bid documents lack documents proving eligibility, capacity and experience, the bid solicitor requests the contractor to clarify and supplement documents to prove eligibility, capacity and experience. experience. This is one of the very good contents specified in Clause 1, Article 16 of Decree No. 63/2014/ND-CP and also based on this regulation, the Ministry of Planning and Investment recently issued Directive No. 03/ CT-BKHDT clearly states "Bidders must not be disqualified at the step of checking the validity of Bid/Proposal due to lack of documents proving eligibility, capacity, and experience when the Bid/Proposal has not been clarified" and "For Documents on capacity and experience sent by the contractor to the bid solicitor and investor during the evaluation of bid/proposal must be received for consideration and assessment of capacity and experience".

This is a very open regulation for contractors in the direction of creating maximum conditions for contractors to avoid being failed in the assessment of capacity and experience. In this situation, many bidding parties "deliberately" or may not fully understand, so they ignore and disqualify the contractor at the stage of assessing capacity and experience. However, it must be added that the regulations are open but absolutely do not use additional or clarifying bid documents "must ensure the principle of not changing the nature of the bidder participating in the bid" and "For With the technical and financial proposals stated in the contractor's bid, the clarification must ensure the principle of not changing the basic content of the submitted bid and not changing the price. bid".

Thus, it is completely understandable that similar contract documents that the contractor has made can be supplemented to demonstrate capacity and experience during the bid evaluation period and upon the party's request for clarification. Invite bids because this does not change the nature of the contractor. In the case of declared personnel, the author's opinion is that only the personnel declared by the contractor in the bid documents will be clarified regarding qualifications and capacity. experience, must not be supplemented or replaced by other personnel because this will change the nature of the submitted bid and may affect the evaluation of the technical proposal.
New regulations on similar contracts in 2023
New regulations on similar contracts in 2023

The new regulations allow for the addition of similar contracts

Circular 08/2022/TT-BKHDT issued and effective from August 1, 2022 has agreed on a common understanding and implementation of this issue at Point dd Clause 2 - Principles for evaluating E-Bidding Article 32 Circular 08/2022/TT-BKHDT as follows:

In case the contracts declared and attached by the contractor in the E-HSMT do not meet the requirements of the E-HSMT, the bid solicitor requests the contractor to clarify and supplement other contracts from the contractor's capacity profile. on the System to meet the requirements of E-HSMT within a suitable period of time but not less than 03 working days. In case the contractor does not have a contract that meets the requirements of the E-HSMT, the contractor will be disqualified.

Thus, we see that the regulations clearly state that contractors are allowed to supplement similar contracts to evaluate their capacity without being disqualified immediately when the similar contracts declared and provided do not meet the requirements of the invitation documents. contractor

Hopefully DauThau.info's article analyzing the availability of additional similar contracts in bidding will be useful for contractors. If you need support in providing software solutions related to the bidding field, please contact:

Author: Nguyen Thuy

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