Is there a sublicense when participating in bidding?

Thursday, 14 September 2023 3:03 PM
Recently, we have received a number of complaints from contractors in some localities (commune level as investors) about the phenomenon of the Bidding Party intentionally setting conditions that make it difficult for non-local contractors to participate. , or commonly known as curved licenses, only when participating in bidding can you meet the requirements. When encountering similar situations, how to handle them, let DauThau.INFO give suggestions.
Is there a sublicense when participating in bidding
Is there a sublicense when participating in bidding

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The bidding party intentionally traps contractors through the "sublicense when participating in bidding"

Recently, we have observed and also received a number of recommendations from contractors, according to which some Bidding Parties/Investors use some inappropriate criteria, the purpose of which is to "install" the house. The winning bidder causes obstacles and difficulties for other bidders to participate. Especially for construction packages, there is often a requirement "There is a record of approval for the location of construction waste and scrap certified by the Investor or the locality where the project is located" or "There is a construction method for dumping waste." approved by the Investor" or used. These are invisible sub-licenses in the bidding documents that are installed by the bidding party into the bidding documents for the bidding package.

The majority of bidding packages with content similar to the "sub-license" as above are usually small (small-scale) bidding packages, located in localities, when questioned by the Investor's leaders (usually the Commune People's Committees, District Project Management Boards...) firstly refused to comment, secondly, they said they had assigned a professional bidding consulting unit to prepare bidding documents...

If such a regulation leads to difficulties for the contractor when the local government/Investor makes it difficult to not confirm other contractors and only confirms a certain targeted contractor. This is invisible as a sub-license that the contractor should not have to carry out.

The child license violates serious bidding

Sublicenses inserted into the bidding documents, accidentally or intentionally, seriously violated the directives of the Prime Minister and the Ministry of Planning and Investment. Specifically, the above unreasonable requirements at the time of inviting bids violate Clause 2, Article 12 of Decree No. 63/2014/ND-CP and go against the spirit of the Prime Minister's direction at the Prime Minister's Directive. Directive No. 47/CT-TTg dated December 27, 2017 and recently Directive No. 03/CT-BKHDT dated May 24, 2019 of the Ministry of Planning and Investment, according to which "Absolutely do not provide any content directional, creating advantages for one or several contractors or hindering the participation of contractors, causing unfair competition; does not provide evaluation criteria of a local, local nature that Only contractors in that locality can meet the requirements."

How to handle "sublicenses" in bidding when encountering the above situation

In case readers or contractors encounter a "sublicense" situation in the bidding documents similar to the above, DauThau.INFO would like to give suggestions to handle the situation as follows:
  1. To ensure their legal rights and ensure fairness and transparency with all participating contractors, contractors should submit petitions and request adjustments to the bidding documents. Note that the petition must be made according to the correct process and order. Readers and contractors can refer to our article here.
  2. Submit your request to the Bidding Newspaper and People's Committees at all levels with your recommendations and let state management agencies take appropriate measures.
Fortunately, in some cases, after receiving recommendations, the bidding party was "receptive" and made timely adjustments to the bidding documents. However, there are also some cases where the bidding party still deliberately explains that the requirement for a construction site waste approval record is based on Circular No. 08/2017/TT/BXD of the Ministry of Construction on waste management. Construction solid waste management. According to this Circular, when carrying out construction work, waste source owners must arrange equipment or construction waste storage areas within the construction site or at locations according to local government regulations. "Therefore, the requirement that the waste dumping approval record must be certified by the local government is completely consistent with current provisions of the law", this is a rigid and inappropriate understanding at the time. issue bidding documents, because whether or not the contractor can arrange a waste dumping location and what location will be at the contract negotiation stage and after the winning bid is announced. If it happens that the locality only grants written approval for waste disposal to a "familiar" contractor but refuses other contractors, it will no longer be competitive."

The above is one of the recent situations that contractors often report to us. We hope that this article will be useful to interested readers and contractors. Please also note to readers, the contractor is DauThau.INFO, we are a provider of software packages to support contractors and investors in finding all useful information related to bidding, we are not the unit to resolve problems in the bidding process but only advise and support readers on issues related to bidding. We thank our readers and contractors for always accompanying us and look forward to receiving many comments so that DauThau.INFO can increasingly develop more useful content for readers and contractors.

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