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Participating in Construction Package No. 4 of Ding Plei Internal Traffic Road, Truong Xuan Commune (Dak Song District, Dak Nong Province), Tan Binh Manh Construction and Trading Joint Stock Company declared 2 technical personnel Experienced technician who held a similar position in a number of previous bidding packages, but was assessed as unresponsive and was not allowed to replace other personnel.
The Project Management (Project Management) and Land Fund Development Board of Dak Song district has just announced the results of contractor selection for the above package. The joint venture of Tran Gia Phat Investment and Development Company Limited - T&Q Construction Investment Company Limited won the bid for 10.54 billion VND. Tan Binh Manh Construction and Trading Joint Stock Company does not meet the requirements for capacity and experience.
In the bidding documents (bid), Tan Binh Manh declared 2 key personnel (Luu The Anh, Nguyen Dinh Thanh) with experience participating in construction as "technical officers/engineers in charge of construction". bidding package" at the following projects: Returning the public service road section through Nghi Loc district and Cua Lo town (Nghe An); Upgrading, repairing, paving sidewalks, planting trees on Le Duan and Nguyen Truong To streets (Krong Pac district, Dak Lak); Construction works at Yen Thanh urban area, Yen Thanh BT road (Nghe An).
To verify personnel information participating in the project in Krong Pac district, the Procuring Entity issued Official Dispatch No. 08/BQL-GT dated January 9, 2024 to the Construction Investment Project Management Board of Krong Pac district. In the written response, this Board said that personnel Luu The Anh and Nguyen Dinh Thanh were not in the file and did not participate in implementing the Bidding Package for upgrading, repairing, paving sidewalks, and planting trees on Le Duan Street, Nguyen Truong To belongs to the Northeast Urban Development Area Project, Phuoc An town, Krong Pac district.
On January 29, 2024, the Bidder requested Contractor Tan Binh Manh to clarify the above content. In the clarification document, Tan Binh Manh attached the document Decision No. 28/QD-TBM dated March 30, 2020 of the Company on appointing technical staff to participate in the construction of upgrading, repairing and paving projects. sidewalks, planting trees on Le Duan and Nguyen Truong To streets as an enhanced technical officer. The document clearly states that during the construction period from April 1, 2020 to before handing over the project and putting it into use, the Contractor mobilized many additional field technical staff, including Mr. The Anh and Nguyen Dinh Thanh, to take turns organizing the construction at the construction site. This is an additional support officer, so the Contractor does not report to the investor and is not named in the investors confirmation file.
In the opinion of the Bidding Expert Group, the Contractors provision of Decision No. 28/QD-TBM does not meet the requirements of the bidding documents (HSMT). The contractors failure to report to the investor about staffing is a violation of Article 13 of Decree 06/2021/ND-CP on the responsibilities of construction contractors, leading to the Contractors failure to report to the investor. Commitment to capacity and experience of 2 personnel who have actually performed construction on site is invalid. The expert team concluded that the supporting documents in the bid do not have a basis to determine the job positions that personnel will undertake in the bidding package and do not meet personnel requirements.
In addition, the official dispatch of the Construction Investment Project Management Board of Krong Pac district confirmed that 2 personnel did not participate in the Bidding Package, but the Contractor confirmed that 2 personnel who performed construction on site with additional technical roles are invalid. . Based on the personnel criteria in the Bidding Documents and based on Clause 4, Article 30 of Circular No. 08/2022/TT-BKHDT, the Expert Group concluded that Tan Binh Manh Contractor cannot replace personnel and must take full responsibility. for invalid declaration for the 2 personnel mentioned above.
According to bidding experts, proving the capacity and experience of personnel often uses contract documents, acceptance records, handover and put-to-use records and equivalent legal documents. These documents must be confirmed and approved by competent authorities. Documents supplementing personnel with an enhanced role without reporting to the investor are not legal. The contractor clearly knows that not reporting to the investor (without confirmation by the investor) but still proposes and declares it in the list of personnel in the bidding documents is considered a sign of dishonesty. Pursuant to Clause 4, Article 30 of Circular No. 08/2022/TT-BKHDT, the Contractor will not be allowed to replace personnel in this case. |
