Analyzing bidding situations: Contractors and bid solicitors must pay attention

Thursday, 14 September 2023 2:33 PM
DauThau.INFO's contact mailbox has just received a question from a contractor who had problems preparing bid documents. This contractor is very worried and hopes to receive support from DauThau.INFO. We will answer the question in the article below.
Analyzing bidding situations: Contractors and bid solicitors must pay attention
Analyzing bidding situations: Contractors and bid solicitors must pay attention
Nhấn VÀO ĐÂY để chuyển bài viết sang bản tin tiếng Việt

A contractor sent a question to DauThau.INFO's contact mailbox as follows:
Recently, our contractor participated in a bidding package. The requirements for construction equipment are: 01 dump truck >=10 tons. Our contractor's bid provides 01 dump truck with a self-weight of 6 tons and a cargo load of 7 tons. Total load is 13 tons. So let me ask:
1. The HSMT requires dump trucks >=10 tons, so this is understood as the vehicle's own load >=10 tons or the vehicle's cargo load >=10T.
2. Does our company's bid to provide 01 vehicle as above meet the requirements of the bid?
Sincerely thank you.

Regarding this situation of the contractor, we would like to analyze as follows:

For the field of road traffic, the Certificate of technical safety and environmental protection inspection of road motor vehicles for conventional trucks will usually have the following information:
  • Mass of vehicle itself: A kg.
  • Number of people allowed to carry (seated): .... people (....kg).
  • Volume of goods allowed to be transported in traffic: B kg.
  • Total mass allowed for traffic: C=A+B kg.
  • Container dimensions (LxWxH): ... x ... x ... mm.
Returning to the above question, according to the request of the HSMT, it is stated that "there is 01 dump truck >=10 tons", thus comparing with current regulations (Circular 42/2014/TT-BGTVT dated November 15). /9/2014 regulations on vehicle bodies of dump trucks, tank trucks, and trucks participating in road traffic; Circular 46/2015/TT-BGTVT dated September 7, 2015 regulations on load and size limits road limits; circulation of overweight vehicles, oversized vehicles, tracked vehicles on roads; transport of oversized and oversized goods and limits on loading goods on road vehicles when participating in traffic traffic on the road), the information given in the HSMT is not enough to conclude whether this is the volume of transported goods allowed to participate in traffic or the total volume allowed to participate in traffic. Therefore, when encountering this situation, the Contractor should resolve one of the following situations:
  1. If the Bidding Documents are being issued, have not yet reached the bid closing time, and the time for clarifying the Bidding Documents has not expired, then make a request to clarify the Bidding Documents with the corresponding content above.
  2. In case you do not fall into the case (1) above but have not yet submitted your Bid, you should prepare a Bid for that equipment with "Volume of goods allowed to be transported in traffic >=10 tons" because this is almost the common and common understanding (the Procuring Entity is also understanding this situation like this and this is also a common way to call it when making construction estimates), to ensure your bid is safe.
  3. In case there are technical evaluation results or bidding results and the Contractor is disqualified because of the above situation, the Contractor can fully exercise the right to petition (Note that the proposal must be made in accordance with Article 118 Decree No. 63/ND-CP dated June 26, 2014).

On the part of the Procuring Entity/Expert Team

Bidding documents normally contain a lot of broad content, requiring the writer of the bidding documents to have broad and in-depth knowledge to avoid the unfortunate errors mentioned above, leading to the situation "The contents of the bidding documents do not comply with the regulations." regulations of the law on bidding lead to restrictions on bidders' participation in bidding or lead to unclear or different understandings in the bid evaluation process or may lead to distortion of contractor selection results." . In many Bidding Documents that we know, there are often unfortunate "errors" similar to the above that both make it difficult for the Expert Team/Tenderer when a situation arises and also makes it difficult for the Contractor himself once the Expert Team /The bidding party handles the situation rigidly or deliberately and emotionally in assessing the situation.

In addition, given the above situation, in case there is still time to amend the Bidding Documents, you should re-standardize the Bidding Documents and notify amendments to the Bidding Documents according to regulations. In case the bidders have submitted a situation where the evaluation process is an important issue that can affect the quality, progress as well as bid price, then propose and ask for opinions on how to handle it.

The root cause that can lead to the above situation is that when looking at the work estimate to be able to quantify the construction equipment and include it in the bidding documents, the person who wrote the bidding documents included the entire wording from the estimate in the bidding package/or construction drawing design estimates. Because, when extracting the estimate, it is true that there are usually only dump trucks >=10 tons (Actually, in the norms, the group of dump trucks is in the section "Bucket trucks - tonnage"). Therefore, to standardize this content, the HSMT needs to note the full note "Dump truck - tonnage >=10 tons".

Sincerely thank the contractors for sending questions to DauThau.INFO!

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