Bids will be rejected and handled for fraud if bidders declare dishonest personnel and equipment on the National Procurement Network System?
- Key personnel requirements for bids when participating in online bidding in Vietnam?
- What are the main equipment requirements for a package of non-consulting services on the e-procurement system?
- Bidders of contractors will be rejected and handled for fraud if they declare dishonest personnel and equipment on the online bidding in Vietnam?
Key personnel requirements for bids when participating in online bidding in Vietnam?
According to Article 30 of Circular 08/2022/ND-CP stipulating the key personnel requirements for bids when participating in online bidding in Vietnam are as follows:
- For goods procurement bidding packages:
+ For the work of providing goods, E-HSMT must not make requirements on mobilizing key personnel;
+ For common goods, available on the market, which do not require highly qualified personnel to perform related services, key personnel are not required;
+ In case the related services have specific and complicated elements, it is necessary to have qualified, knowledgeable and experienced personnel to undertake, then it is possible to make a request to mobilize key personnel to perform the task. perform these specific and complex tasks. In case of request to mobilize key personnel, the E-HSMT approval must clearly state the reasons for the investor to consider and decide. The investor and the bid solicitor must ensure that the requirement to mobilize key personnel does not limit the participation of the contractor or create an advantage for one or several contractors, causing unfair competition. class.
- For construction and installation bidding packages:
+ Based on the size and nature of the bidding package and the law on construction, the investor shall make appropriate requirements on key personnel in the E-HSMT. The E-HSMT is not required for key personnel for positions for which there is no standard requirement under construction legislation or for general engineering positions, engineering workers. , unskilled labor.
- For bidding packages of non-consulting services:
+ For bidding packages of non-consulting services that do not require highly qualified personnel, key personnel are not required. In case the non-consulting service has specific and complicated elements, it is necessary to have knowledgeable and experienced personnel to undertake it, it is possible to make a request to mobilize key personnel to perform the tasks. this peculiarity and complexity. In case of request to mobilize key personnel, the E-HSMT approval must clearly state the reasons for the investor to consider and decide. The investor and the bid solicitor must ensure that the requirement to mobilize key personnel does not limit the participation of the contractor or create an advantage for one or several contractors, causing unfair competition. class. E-HSMT must not require key personnel for technical workers, unskilled workers.
- For the bidding package mentioned at Points a, b and c of this clause, key personnel are required, in case the key personnel declared by the contractor in the E-HSDT do not meet the requirements of the E-HSMT, The bid solicitor allows the contractor to clarify, change and supplement key personnel to meet the requirements of the E-HSMT within a suitable period but not less than 03 working days. For each unresponsive employee, the contractor is only replaced once. In case the contractor does not have a replacement person who meets the requirements of the E-HSMT, the E-HSDT will be disqualified
Bids will be rejected and handled for fraud if bidders declare dishonest personnel and equipment on the National Procurement Network System?
What are the main equipment requirements for a package of non-consulting services on the e-procurement system?
According to Article 30 of Circular 08/2022/ND-CP stipulating the main equipment requirements for non-consulting service bidding packages (if any), construction and installation are as follows:
- Based on the size and nature of the bidding package, the investor and the bid solicitor shall make appropriate requirements for the main equipment (quantity, type, features, capacity...);
- In case the equipment declared by the contractor in the E-HSDT does not meet the requirements of the E-HSMT, the bid solicitor allows the contractor to clarify, change or supplement the equipment to meet the requirements of the E-HSMT. within a reasonable period of time but not less than 03 working days. For each non-conforming device, the contractor may only replace it once. If the contractor does not have a replacement device that meets the requirements of the E-HSMT, the contractor will be disqualified.
- In case of winning the bid and signing the contract, the contractor is obliged to mobilize personnel and equipment as originally proposed or proposed to change according to the provisions of Point d Clause 1 and Point b Clause 2 of this Article. In case of failure to mobilize personnel and equipment, the contractor will be fined for the contract and assessed for its reputation when participating in other bidding packages.
Bidders of contractors will be rejected and handled for fraud if they declare dishonest personnel and equipment on the online bidding in Vietnam?
According to Article 30 of Circular 08/2022/ND-CP stipulating dishonest declaration of personnel and equipment on the online bidding in Vietnam as follows:
In all cases, if the contractor declares untruthful personnel and equipment, the contractor must not replace other personnel and equipment as prescribed at Point d Clause 1 and Point b Clause 2 of this Article. of the disqualified contractor and the contractor will be considered fraudulent according to the provisions of Clause 4, Article 89 of the Bidding Law and handled according to the provisions of Clause 1, Article 122 of Decree No. 63/2014/ND-CP.
Circular 08/2022/TT-BKHDT takes effect from August 1, 2022.
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