Share experiences and recommendations on how to effectively bid

Thursday, 14 September 2023 11:11 AM
When making recommendations in bidding, it is necessary to clearly understand the process of resolving complaints according to the instructions of the Bidding Law, and the contents of the recommendations also need to have "weight" for relevant parties to "absorb". problem and solution. Please join DauThau.info in sharing experience in bidding recommendations as well as making online bidding recommendations with the following article!
Share experiences and recommendations on how to effectively bid
Share experiences and recommendations on how to effectively bid
Nhấn VÀO ĐÂY để chuyển bài viết sang bản tin tiếng Việt

In many cases, contractors have made recommendations to the bidding party/investor, but they remain silent, ignore them, or propose one thing and answer another way from the bidding parties and the investor, or even of local competent authorities, causing many contractors to feel frustrated. Let's consider this issue with DauThau.info through regulations and experiences to give suggestions to contractors to achieve the desired effect when making recommendations in bidding.

Proposal process in bidding

The first thing the contractor needs to understand is his legal rights and interests and how the bidding proposal process is regulated by law. Let's learn about the rights and obligations of contractors in bidding proposals specified in Article 91 of the 2013 Bidding Law:
Article 91. Resolving protests in bidding
1. When seeing that their legitimate rights and interests are affected, contractors and investors have the right to:
a) Make recommendations to the bid solicitor, investor, and competent person on issues in the process of selecting contractors and investors; on the results of contractor and investor selection according to the petition resolution process specified in Article 92 of this Law;
b) Initiate a lawsuit to Court at any time, including in the process of resolving the petition or after the results of resolving the petition have been obtained.
2. Contractors and investors who have filed a lawsuit in Court shall not send petitions to the bid solicitor, investor, or competent person. In case the contractor or investor files a lawsuit in court while the petition is being resolved, the resolution of the petition will be terminated immediately.
The process for implementing recommendations in bidding according to Article 92 of the 2013 Bidding Law is as follows:
Article 92. Procedure for resolving petitions
1. The process for resolving complaints about issues during the contractor selection process is as follows:
a) The contractor may send a written petition to the investor regarding the project; The bidding party for regular procurement and concentrated procurement from the time the incident occurs until the announcement of the contractor selection results;
b) The investor and bid solicitor must send a document to resolve the protest to the contractor within 07 working days from the date of receipt of the contractor's written protest;
c) In case the investor or bid solicitor does not have a document to resolve the protest or the contractor does not agree with the result of resolving the protest, the contractor has the right to send a written protest to the competent person within the time limit. 05 working days from the deadline to respond or the date of receipt of the document resolving the protest from the investor or the party calling for bids;
d) The competent person must send a document to resolve the protest to the contractor within 05 working days from the date of receipt of the contractor's written protest.
2. The process for resolving petitions regarding contractor selection results is as follows:
a) The contractor sends a written petition to the investor regarding the project; The bidding party for regular procurement and concentrated procurement within 10 days from the date of notification of contractor selection results;
b) The investor and bid solicitor must send a document to resolve the protest to the contractor within 07 working days from the date of receipt of the contractor's written protest;
c) In case the investor or bid solicitor does not have a written response or the contractor does not agree with the result of resolving the protest, the contractor has the right to send a written protest to the competent person and the Council at the same time. Consulting to resolve complaints within 05 working days from the deadline to respond or the date of receipt of the document resolving the complaint from the investor or the party calling for bids. The Advisory Council for resolving petitions at the central level was established by the Minister of Planning and Investment; ministerial level, ministerial-level agencies established by Ministers and deputy ministers of ministerial-level agencies; The local level is established by the head of the state management agency in charge of local bidding activities;
d) Upon receiving a written protest, the Protest Resolution Advisory Council has the right to request the contractor, investor, bid solicitor and relevant agencies to provide information for consideration and a written report. Report to the competent person on the plan and content of responding to the petition within 20 days from the date of receipt of the contractor's written protest;
d) In case of necessity, the Consulting Council shall resolve protests based on the contractor's written petition and request the competent person to consider suspending the bidding. If approved, within 05 working days from the date of receiving the document from the Advisory Council resolving the petition, the competent person will issue a written notice to temporarily suspend the bidding. The document to temporarily suspend the bid must be sent to the investor, the bid solicitor, and the contractor within 03 working days from the date of issuance of the written notice of temporary suspension of the bid. The bid suspension period is calculated from the date the investor and the bid solicitor receive the suspension notice until the competent person issues a document to resolve the protest;
e) The competent person shall issue a decision to resolve petitions on contractor selection results within 05 working days from the date of receiving written opinions of the Advisory Council for resolving petitions.
3. The process for resolving petitions on issues during the investor selection process is as follows:
a) The investor sends a written petition to the bidding party from the time the incident occurs until the announcement of the investor selection results;
b) The bid solicitor must send a document to resolve the protest to the investor within 15 days from the date of receiving the investor's written protest;
c) In case the bid solicitor does not have a document to resolve the protest or the investor does not agree with the result of resolving the protest, the investor has the right to send a written protest to the competent person within 05 days. working, from the deadline to respond or the date of receipt of the document resolving the protest from the bidding party;
d) The competent person must send a document to resolve the petition to the investor within 05 working days from the date of receiving the investor's written petition.
4. The process for resolving petitions regarding investor selection results is as follows:
a) The investor sends a written petition to the bidding party within 10 days from the date of notification of investor selection results;
b) The bid solicitor must send a document to resolve the protest to the investor within 15 days from the date of receiving the investor's written protest;
c) In case the bidding party does not have a written response or the investor does not agree with the result of resolving the protest, the investor has the right to send a written protest simultaneously to the competent person and the Advisory Council. Resolve the protest within 05 working days from the deadline for reply or the date of receipt of the document resolving the protest from the bidding party;
d) Upon receiving a written petition, the Advisory Council for Resolution of Protests has the right to request investors, bid solicitors and relevant agencies to provide information for consideration and to report in writing to the responsible person. authority on the plan and content of responding to petitions within 30 days from the date of receiving the investor's written petition;

d) In case of necessity, the Consulting Council shall resolve petitions based on the investor's written petition to request the competent person to consider suspending the bidding. If approved, within 10 days from the date of receiving the document from the Advisory Council resolving the petition, the competent person will issue a written notice to suspend the bidding. The document to temporarily suspend the bid must be sent to the bidding party and investor within 05 working days from the date of issuance of the written notice of temporary suspension of the bid. The bidding suspension period is calculated from the date the bidding party receives the temporary suspension notice until the competent person issues a document to resolve the protest;
e) The competent person shall issue a decision to resolve petitions on investor selection results within 10 days from the date of receiving written opinions from the Advisory Council for resolving petitions.
5. In case the contractor or investor sends a written protest directly to the competent person without complying with the protest resolution process specified in this Article, the written protest will not be considered and resolved. .
6. The Government shall detail this Article.

Next, it should be noted that the Government directs the content of the bidding proposal cited in Article 118 of Decree No. 63/2014/ND-CP as follows:

Article 118. Conditions for considering and resolving recommendations
1. The petition is from the contractor participating in the bid.
2. The petition must be signed by the person signing the bid or the contractor's legal representative, and stamped (if any).
3. The person responsible for resolving the petition receives the petition as prescribed in Article 92 of the Bidding Law.
4. The content of that petition has not been sued by the contractor to Court.
5. Costs for resolving petitions as prescribed in Clause 8, Article 9 of this Decree shall be submitted by the contractor with the petition to the standing assisting section of the Advisory Council in case of petitions regarding selection results. The contractor is handled by a competent person.

Experience in implementing recommendations in bidding

Usually, what happens is that the proposal is extremely inconvenient, most often after the results of contractor selection are announced. The reason for such a situation is because disqualified contractors often fall into problems in the Bidding Documents that can accidentally or intentionally make things difficult for the contractor or make inappropriate or demanding requests. is not quantitative, when preparing Bidding Documents, contractors without experience will fall into the "trap" of Bidding Documents. If you are an experienced and sensitive contractor, right from the step of preparing the Bid Documents, the contractor needs to request clarification of the Bid Documents before the bid closing time (Normally the regulation is 03 working days before the bidding date). Time of bid closing).

In addition to noting the timeline for clarifying the Bidding Documents, contractors need to clearly understand and firmly grasp the provisions of the law on bidding. In particular, the provisions specified in the Bidding Documents with the purpose of targeting a certain pre-planned contractor are often susceptible to "Providing conditions to limit the participation of contractors or to create advantage for one or several contractors causing unfair competition" - Clause 2, Article 12 of Decree 63/2014/ND-CP or "Making too high requirements leading to an increase in bid prices or limits the participation of contractors". Regarding the procurement of goods, the Prime Minister has requested "Do not state requirements on specific brands or origins of goods, including naming countries, groups of countries, or territories that cause discrimination." Processing... Does not require the contractor to submit the manufacturer's sales license or partnership certificate or other documents of equivalent value for common, common, and available goods on the market. market, has been standardized and is warranted according to the manufacturer's regulations. For construction and installation bidding packages, "Do not impose conditions to limit the contractor's participation in bidding such as: Requires personnel implementing the bidding package to pay social insurance, must be personnel registered for a contract with the contractor, construction equipment must be owned by the contractor and not rented, and must have performed the contract. similar in a specific area... or stipulate that the contractor's capacity and experience are higher than the requirements of the bidding package" (Directive No. 47/CT-TTg of the Prime Minister in 2017).

Only when the contractor's recommendations are reasonable, reasonable and in accordance with the provisions of law will the bidding party/investor need to really consider the issue with the issued Bidding Documents. At the same time, in order to be timely and effective, if the contractor's recommendations are not seriously considered, the contractor needs to send their recommendations to the Bidding Newspaper or report to the Bidding Newspaper's hotline in advance of any problems. proposal. The contents of resolving the above recommendations that need to be noted fall under the process in Section 1, Article 92 of the 2013 Bidding Law.

In case of a petition regarding the contractor selection results, it should be noted that the petition will only be considered and approved within 10 days from the date of notification of the contractor selection results. Many contractors do not pay attention to this content or are passive because sometimes from the time of receiving notice of contractor selection results (recorded on the decision/notification) to the time the contractor receives the official copy, it takes a long time. relatively long time (the 2013 Bidding Law stipulates that written notification of contractor selection results must be sent to participating contractors by post or fax within 05 working days from the date of selection results. approved contractor). The contents of resolving petitions with contractor selection results that need to be noted belong to the process in Section 2, Article 92 of the 2013 Bidding Law.

In addition to the above noted timeline, the contractor also needs to understand that the petition must have the signature or legal representative of the contractor and seal (if any) of the participating contractor. In the same case, the joint venture must be the legal representative of the authorized person according to the joint venture agreement signed when participating in the bidding. The sending address also needs to be accurate according to the instructions of the 2013 Bidding Law and looked up in the Data Sheet of the Bidding Documents to avoid sending applications beyond the level and being criticized by the investor, the bidding party as well as the consulting unit. then find fault and do not consider the petition.

How to make recommendations in online bidding

At the time we edit this article, contractors can make recommendations to amend bidding documents online as well as make other recommendations related to the contractor selection results. To do this we will do the following:

Home page > select Online bidding > select menu Contractor selection process according to the Bidding Law. Here we can do so in the Request for clarification of bidding documents/prequalification documents/interest documents (also a form of petition in online bidding) or the Recommendations section to carry out the following steps: Request proposals for online bidding. Then just write and attach petition documents online and send them to the system and the bidding party will receive them.

kien nghi trong dau thau qua mang
Recommendations in online bidding
Above are a few suggestions from DauThau.info so that contractors can make recommendations in bidding as well as recommendations in online bidding when participating in bidding. Sincerely thank our readers for always supporting DauThau.info throughout the past process. If you need support, please contact:

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