From August 1, 2022, contractors that do not attach the certificate of capacity for construction activities are still considered qualified bidders?
Documents the sales license include? Requirements the sample goods must meet?
Pursuant to Article 27 of Circular 08/2022/TT-BKHDT stipulating sales licenses and sample goods:
- Sales license:
+ In case the goods of the bidding package are common, common, available on the market, standardized and guaranteed according to the manufacturer's regulations, the contractor must not be required in the E-HSMT must submit the manufacturer's sales license or certificate of partnership or other document of equivalent value;
+ In case the goods of the bidding package are specific and complicated goods, it is necessary to attach the responsibility of the manufacturer in providing after-sales services such as warranty, maintenance, repair, spare parts supply, replacement materials, technical support services and other related services, the E-HSMT may require the participating bidders to provide the manufacturer's sales license;
In case the E-HSMT makes specific requirements for a sales license (sales license of manufactured goods or a commitment to technical support, manufacturer's warranty, etc.), the contractor only needs to produce present one of the following documents before signing the contract such as: manufacturer's or authorized dealer's sales license or certificate of partnership or commitment to technical support, warranty manufacturer's manual or other document of equivalent value;
+ The failure of the contractor to attach one of the documents specified at point b of this clause is not the reason for the rejection of the contractor. Contractors are still allowed to continue to consider, evaluate and be considered for winning bids. In case of winning the bid, the contractor must present one of these documents before signing the contract.
- Sample goods:
E-HSMTs may not request samples; In case it is necessary to request sample goods for technical assessment, the investor must submit it to a competent person for consideration and decision. The report must clearly state the reason for the request for samples. The investor, the bid solicitor must ensure that the request for the provision of samples does not lead to an increase in the cost of the bidding package, limit the participation of contractors or to create advantages for one or several contractors. unequal competition. In case E-HSMT requires the supply of samples, the contractor may submit additional samples within 05 working days after the bid closing time.
From August 1, 2022, contractors that do not attach the certificate of capacity for construction activities are still considered for approval to win the bid?
From August 1, 2022, are contractors that do not attach the certificate of capacity for construction activities still qualified?
Pursuant to Article 28 of Circular 08/2022/TT-BKHDT stipulating the certificate of capacity for construction activities:
- For construction and installation bidding packages, the contractor can attach the certificate of capacity for construction activities or not attach this certificate in the E-HSDT, even if the E-HSMT requires the contractor to have this certificate. The contractor's failure to attach the certificate of capacity for construction activities is not a reason to disqualify the contractor. The contractor's E-Bid will still be reviewed, evaluated and approved for the winning bid. In case of winning the bid, the contractor must present the certificate of capacity for construction activities before awarding the contract.
Regulations on equipment rental commitments and contracts?
Pursuant to Article 29 of Circular 08/2022/TT-BKHDT stipulating commitments and principle contracts:
In case E-HSMT has requirements on commitments, contract in principle of equipment rental, supply of main materials, warranty, maintenance, repair and maintenance but E-HSDT does not attach these documents, the party Bidding request requires the contractor to clarify the E-Proposal and supplement documents within a suitable time, but not less than 03 working days, to serve as the basis for evaluating the E-Proposal.
Contractor responsible for the accuracy of the information declared on the webform and attached documents?
Pursuant to Clause 1, Article 26 of Circular 08/2022/TT-BKHDT stipulating the responsibility for the accuracy of information:
“Article 26. Responsibilities of contractors during the bidding process
1. The contractor is responsible for the accuracy of the information declared on the webform and attached documents during the bidding process. Contractors enter information as required by E-HSQT, E-HSMST, E-HSMT and attach document files to form a set of E-HSQT, E-HSDST, and E-HSDT:
a) Information on the validity of the E-HSDT:
- For the content of the bid security, the contractor shall declare the information and attach a scanned copy of the bid security;
- For the remaining contents, the contractor only declares information on the webform without attaching scanned copies of relevant documents and documents.
b) Information about capacity and experience:
- For similar contracts, production capacity: the contractor declares and attaches relevant documents to prove the declared information;
- For financial resource requirements: the contractor declares information; in case the contractor uses the commitment to provide credit to prove financial resources, in addition to having to declare information, the contractor must attach a scanned copy of the commitment to provide credit;
- For annual revenue, net asset value: from 2021 onwards, the system automatically extracts data on financial statements from the National Information System on Business Registration, the Tax System electronically into the contractor's qualification file;
- For other contents declared by the contractor on the webform without attaching scanned copies of relevant documents and documents;
For financial statement data from 2021 onwards, in case the contractor finds that the system has not updated the data compared to the electronic tax system of the years from 2021 onwards, the contractor shall amend the information. information to match the data reported to the tax authorities; In case the data updated or modified by the contractor on the System is not consistent with the data on the Electronic Tax System, leading to falsifying the contractor selection results, the contractor will be considered fraudulent, violating the Clause 1 of this Article. 4 Article 89 of the Law on Bidding.”
Circular 08/2022/TT-BKHDT comes into force from August 1, 2022.
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