| Work Detail |
The above package is invested from the budget of Bac Ninh province, has an estimated price of 5,494 billion VND, selected contractors in the form of open bidding in the country, online, one-phase and one-envelope method. The investor, directly invited to bid is Bac Duong Irrigation Exploitation Company Limited. Responsible for the evaluation of Bids is the Management Board of Construction Investment Projects for Agriculture and Rural Development (Agriculture and Rural Development) works in Bac Ninh province. Bidding package was completed and opened on August 1, 2020, with the participation of 2 contractors.
According to the result of the bid opening, the contractor proposed to have a bid of 5,252 billion VND, the difference decreased by 242 million VND compared to the bidding package, lower than the remaining 103 million VND bid. Accordingly, the Contractor was ranked first and entered into contract negotiation.
The Investor said that, in the process of comparing documents, the Contractor could not provide documents proving the same contract (HDTT) declared (Contract No. 18/2015 / HDXD-HTKB on the construction of the Package construction of main canal and works on main canal (section from K6 + 269.84 - K9 + 108.34), component of North Chu river - South Ma river canal system) completed within the last 3 years (2017 , 2018, 2019) as required by the bidding documents (Bidding Documents). Instead, the Contractor submits additional Contract No. 472/2019 / HD-XD on the construction of Package No. 03 Construction of the solidification work of Chau Phong canal, section K0 + 00 ÷ K2 + 573.35 to replace Contract No. 18/2015 / HDXD-HTKB declared.
Before the situation arises, the Investor sent a document to continue requesting the Contractor to clarify the time to complete the Contract No. 18/2015 / HDXD-HTKB, by the Record of Acceptance and Handover of the Works to include used on August 24, 2018, does not indicate the commencement date or the completion date of the project. At the same time, the signed Contract Appendices all have a contract execution extension period before 2017. Therefore, there is no basis to assess that this contract is completed after 2017.
The contractor then responded in writing to the above requirement, however, the content of the document does not clarify the actual time of construction of the package as requested by the Investor, so it is not considered for evaluation next step.
Unsatisfied by the reason for disqualification, the Contractor has proposed the result of Bid Evaluation Report. Accordingly, by citing current legal regulations that real-time contract is the number of days from the effective date of the contract to the date the parties fulfill their obligations as specified in the contract, excluding the The time of warranty obligation performance (if any), the Contractor believes that the milestone for the hand-over of the work to be put into use on August 24, 2018 is the time of completing the Contract No. 18/2015 / HDXD-HTKB.
At the same time, the Contractor considers that the additional submission of Contract No. 472/2019 / HD-XD is valid, because the Contractor is allowed to submit additional documents, clarifying the eligibility, capacity and experience according to the principle does not change the nature of the bidder that, after closing the bid, finds that the bid is lacking in supporting documents.
Commenting on the above issue, a bidding expert said that the Investor should not be too "strict" because the Minutes of Acceptance and Handover of the Works to be put into use on August 24, 2018 can be considered. the basis for determining the time of completing the Contract No. 18/2015 / HDXD-HTKB. At the same time, this expert also said that the Contractors additional submission of Contract No. 472/2019 / HD-XD in principle does not change the nature of the Bid. Therefore, in the event that the Employer / Procuring Entity facilitates the re-evaluation of the Bid, it will create more opportunities for the bidder and increase competition in the bidding. |
