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The above package belongs to the Project of Buying fertilizers with the capital of the National Target Program for sustainable poverty reduction in 2020, selecting online contractors through competitive offers.
According to the Contractor, on October 5, 2020, the Procuring Entity and the successful Contractor negotiated to sign the contract. However, during the contract negotiation process, the Employer and the Procuring Entity "applied a sub-law document to veto the provisions of the Bidding Law and the guiding decree, making it difficult for the Contractor".
Specifically, according to the Contractor, during the contract negotiation process, the Procuring Entity has cited the decision of the Peoples Committee of Dam Rong district (Decision 1572 / QD-UBND and 1573 / QD-UBND jointly issued on August 11 / 2020 on the approval of the National Target Program on Sustainable Poverty Reduction National Target Program Production Support Project in Dam Rong District) to require the winning contractor to provide the right types and brands of products as stated in the target category. The name is NPK 16-8-13S + TE (An Thai). Even the Bidding Documents "designate" this product.
Contractor reflected emphasized: "The Bidding Documents stating specific requirements on the trademark and origin of such goods is a sign of violation of Article 89 of the Bidding Law".
Explaining the Bidding Documents stating the names of the trademarks and goods to be purchased, Mr. Nguyen Tuan Long, Deputy Director of Loc Thien Construction and Investment Consulting Co., Ltd., said: "We specify the required label. brand name in Decision No. 1752 / QD-UBND dated 11/8/2020 approving this project of the Peoples Committee of Dam Rong district ”.
According to the Procuring Entity, Clause 5 Article 1 of this Decision clearly states that the materials and supplies to be purchased are NPK 16-8-13S + TE (An Thai). The notes on technical specifications and quality of materials also emphasize the clear origin, ensuring the manufacturers technical specifications, product quality registration criteria, and the right grade. types as required in the appraisal document No. 27 / TÐ-NN dated 3/8/2020 of the Department of Agriculture and Rural Development. "Therefore, when building the Bidding Documents, we are stuck in this requirement", Mr. Long said.
According to the Procuring Entity, the contractor invited to negotiate the contract is the 2nd ranked contractor because the 1st ranked contractor did not come, but did not specify the reason for refusal.
According to the Procuring Entity, the Bidding Documents gives such request, but in the process of receiving the documents, doing the bidding or negotiating the contract, the Contractor has no opinion.
A bidding expert affirmed that the Bidding Documents naming such trademark is a violation of the law on bidding. According to the provisions of the Bidding Law, stating the specific requirements on trademarks and origin of goods in the Bidding Documents for procurement, construction and installation bidding packages or mixed bidding packages when open bidding is applied, Limited bidding is one of the prohibited acts.
Guidance on the preparation of Bidding Documents, Decree 63/2014 / ND-CP states: “The Bidding Documents must not state the specific requirements for trademarks and origin of goods. In case it is impossible to describe in detail according to technical specifications, technological designs or technological standards, a specific products mark or catalog may be indicated for reference and illustration of technical requirements. of the goods, but must enclose the phrase "or equivalent" after the mark or catalog, and at the same time must clearly state the contents equivalent to that goods in terms of their technical properties, usability and public standards. technology and other contents (if any) to facilitate the contractor in the process of preparing the bid ". |
