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The Bidding Newspaper receives a response from a contractor for the first phase of procurement packages in 2018 under the Central Procurement Project funded by the Ha Nam Center for Financial Services Consultancy. Bidding (BMT).
The contractor considers that the bidding documents (Bidding Documents) of the Bidding Package include criteria for restriction of competition. Meanwhile, BMT said: "The contractor has sent the document too late, so BMT will not reply."
Is there a criterion for restricting competition?
Bidding packages are open to the public on a two-pocket dossier basis. The package price is VND 17,094 billion. The source of capital used by the State budget and non-business revenue sources of the units. Time to issue bidding documents starts from 07:00 on 08/06/2018 to 08:00 on 28/06/2018.
The Bidding Documents of the Bidding Package include some irrelevant criteria, some of which may violate the Bidding Law, restrict contractor participation, or, in other words, The requirements are only one contractor can meet.
Specifically, in Section 1.4 on Desktops, bidding documents require the contractor to obtain a "manufacturers sales permit / manufacturers authorization letter (original required by the manufacturer). Also in this section, HSMT also requires that the computer must have a localization rate of 30% or higher. Especially, the computer screen is named "using ABL technology (Anti Blue Light)".
Similarly, for projectors and projectors, items 1.5, 1.7 and 1.8 of the bidding documents require the tenderer to have "the original license (or letter of authorization) of the manufacturer or authorized distributor. the manufacturers right to participate in the tender "; "Technical documents bearing manufacturers seal (technical drawings)"; "Certificate of quality management system ISO 9001: 2015" ...
The contractor states that the above mentioned goods are ordinary goods, not special goods. Under the provisions of Decree 63/2014 / ND-CP (Clause 2, Article 12), the bidding documents shall not contain any conditions limiting the participation of contractors or to create advantages for one or several houses. Bidding causes unequal competition. Circular No. 05/2015 / TT-BKHDT (Clause 1 and Clause 2, Article 6) also stipulates that ordinary, common goods, which are available on the market, are standardized and warranted under the regulations. the manufacturer is not required to submit a manufacturers sales permit or partnership certificate or other equivalent document.
In addition, the contractor said that the criterion must have a localization rate of 30% or more, which is the criterion for the contractor to enjoy preferential treatment in bidding but not for achieving / not achieving. Why designate ABL technology without any other equivalent technology or better? Is BMT intending to appoint a particular bidder? ", The contractor put the matter.
"Edit the bidding documents or not, have to wait for the opinion of superior"
The contractor also expressed concern about the attitude of ignoring, not BMT. Accordingly, when the bidding documents were found to be in question, the contractor contacted Le Vinh Duc - Deputy Director of Ha Nam Financial Services Consultant Center and on June 22, email the scan of the request BMT to explain, clarify, modify some inappropriate content of the bidding documents. Mr. Duc also acknowledged receipt of the email sent by the contractor and promised the professional staff to handle. Then, on 26/6/2018, the contractor directly brought the document to BMT. In the afternoon of the same day, BMT responded: "Because the bidder sent too late, BMT will not reply."
Nguyen Thi Duyen, an official in charge of organizing the bidding, said: "It is true that we have received the petition of the contractor. By the time the application is submitted only two days before the closing time, the time is very fast, so BMT answered so.
Ms. Duyen said, BMT has announced the cancellation of the above package because no contractor has a technical proposal satisfactory. However, it has not been determined yet. And if the contractors proposal to amend the bidding documents or not, it must wait for the opinion of superior.
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