Proposal to re-evaluate the eligibility of contractors for package 4.7 of Long Thanh airport

Ensure increased competitiveness

Deo Ca Group - Representative of the investor consortium bidding for Package 4.7: Construction and installation of equipment for aircraft parking lots, passenger terminals and other works of component project 3, Long Thanh International Airport construction investment project (phase 1) has just sent a petition to Vietnam Airports Corporation (ACV).

Construction of Long Thanh airport runway (Photo taken in May 2023).

This is the third time the Group has requested the inviting party (ACV) to evaluate the eligibility of the contractor in accordance with the provisions of the Law on Bidding; at the same time, it has invited specialized agencies to inspect and review the bidding process and bid evaluation for package No. 4.7.

Previously, on August 13, 2024, ACV issued Notice No. 3351/TB-TCTCHK VN regarding the consortium of 8 contractors including: Deo Ca Group Joint Stock Company - Deo Ca Construction Joint Stock Company - Deo Ca Transport Infrastructure Investment Joint Stock Company - Lizen Joint Stock Company - Thang Long Corporation - Hoang Long Construction Investment Corporation - Hoa Hiep Company Limited - Son Hai Group Company Limited did not meet the eligibility requirements of the bidding documents for package No. 4.7.

The reason mentioned by the inviting party is that the member of this consortium is Hoang Long Construction Investment Corporation - JSC, the national bidding network number is vn2800177056, which has been suspended from the system from June 30, 2024 until the time of approval of the list of contractors.

A representative of Deo Ca Group said: At the time of the bidding document evaluation process, the joint venture member, Hoang Long Construction Investment Corporation - JSC, had a full bidding account and normal operating status on the National Bidding Network System and at this time there was no decision approving the contractor selection results for package No. 4.7.

The account of the contractor Hoang Long Construction Investment Corporation - JSC is in suspended status due to failure to pay fees on time.

"ACV's assessment is not in accordance with the provisions of Point d, Clause 1, Article 5 of the Law on Bidding, which stipulates the eligibility of bidders: "Having a name on the National Bidding Network before approving the results of selecting bidders and investors".

The time ACV approved the list of contractors meeting technical requirements was still in the evaluation process, the results of contractor selection had not been approved yet," the leader of Deo Ca Group stated his opinion, and also said that package 4.7 was widely bid domestically in 1 phase, 2 envelopes, not online.

ACV's inclusion of the criterion in the bidding documents with the clause "not in a state of suspension or termination of participation in the System" as a basis for ensuring the eligibility of bidders to participate in bidding packages that do not apply online bidding is inconsistent with current regulations (Law on Bidding, Circular 06/2024/TT-BKHĐT of the Ministry of Planning and Investment).

"From the above analysis, we hope that ACV will reconsider the eligibility of the contractor consortium in package 4.7.

Having more capable contractors at the technical and financial document evaluation step will increase competitiveness in the process of selecting contractors for the package," said the leader of Deo Ca Group.

Regarding the above case, the Bidding Management Department (Ministry of Planning and Investment) issued Response Document No. 1783/QLDAT-CS dated August 15, 2024 after receiving comments and feedback from the consortium of contractors submitting bidding documents for package 4.7 with the participation of Deo Ca Group.

The content of the document clearly states that a bidder (an organization) that meets all the conditions prescribed in Clause 1, Article 5 of the Law on Bidding is considered to meet the requirements for eligibility when participating in bidding for bid packages that do not apply online bidding within the scope of this Law. The bidding documents stipulate that the bidder "is not in a state of suspension or termination of participation in the system" to ensure eligibility as for online bidding is inappropriate.

What does ACV say?

Previously, in Official Dispatch No. 3531 responding to the second complaint of Deo Ca Group Joint Stock Company sent by ACV on August 21, 2024, the inviting party stated that the bidding documents for package No. 4.7 were prepared according to Form 03B (E-Construction bidding documents, one phase, two envelopes) issued with Circular No. 06/2024/TT-BKHĐT dated April 26, 2024 of the Ministry of Planning and Investment.

The basis for preparing bidding documents must comply with the provisions of Clause 6, Article 31 of Circular No. 06/2024/TT-BKHĐT: "From the effective date of this Circular, when preparing bidding documents for selecting contractors online, investors and bidding parties shall apply the E-Bidding Document Forms issued with this Circular on the basis of ensuring that they do not contravene the provisions of the Law on Bidding and Decree No. 24/2024/ND-CP".

"Thus, the bidding documents have been prepared in compliance with Circular No. 06/2024, Decree No. 24/2024/ND-CP and Bidding Law No. 22/2023/QH15," ACV affirmed.

Also according to ACV, the evaluation of the technical proposal documents of the contractors was carried out by the inviting party in accordance with the provisions of law and the requirements of the bidding documents with the following steps: Checking and evaluating the validity of the technical proposal documents; evaluating the capacity and experience; evaluating the technical proposal.

Only contractors with valid bidding documents will be considered and evaluated for their capacity and experience; contractors with capacity and experience meeting the requirements will be considered and evaluated technically.

It is unfounded for a joint venture contractor to consider its technical proposal to meet technical requirements without passing the validity assessment step.

For more information, ACV said that the bidding documents for package No. 4.7 have been approved by the investor and posted on the national bidding network to ensure publicity, transparency and fairness in bidding.

The investor's issued bidding documents are the legal basis for interested bidders to prepare bidding documents and bid according to regulations. During the process of preparing bidding documents, participating bidders must be responsible for carefully studying the requirements of the bidding documents.

In case the bidding documents are found to contain unclear contents for the bidder to prepare the bidding documents, the bidder must request the inviting party to clarify the bidding documents.

During the time of preparing the bidding documents for package No. 4.7 until the closing time of bidding, the inviting party has responded to all requests for clarification of the bidding documents from interested bidders and posted the clarification of the bidding documents on the bidding network in accordance with legal regulations.

Based on the bidding documents, requirements of the bidding documents and current regulations on bidding, the inviting party has evaluated the technical proposal documents and approved the list of contractors meeting the technical requirements in Decision No. 3338/QD-TCTCHKVN dated August 12, 2024.

Accordingly, the bidding documents of the joint venture contractor led by Deo Ca Group did not meet the requirements of the bidding documents regarding eligibility.

Specifically, the member of Hoang Long Construction Investment Corporation in the joint venture contractor is still in the "Suspended" status on the system from June 30, 2024 until the time of approval of the results of selecting contractors meeting technical requirements (approval of the list of contractors meeting technical requirements).

Therefore, the contractor's proposal to cancel Decision No. 3338/QD-TCTCHKVN dated August 12, 2024 and Notice No. 3351/TB-TCTCHKVN dated August 13, 2024 is unfounded.

The resolution of petitions shall be carried out by the investor in accordance with the procedures and regulations of the Law on Bidding. The law on bidding does not stipulate that the opening of technical proposals must be stopped until petitions are resolved.

Regarding the third petition, ACV representative said that they had received the petition from the contractor and would comply with the Law on Bidding and the regulations in the Bidding Documents for Package No. 4.7.

"We always ensure that the selection of contractors for package 4.7 and other packages in component project 3 is in accordance with regulations, transparent, objective, and ensures the legitimate rights of all related parties," ACV representative affirmed.

On July 29, 2024, the Prime Minister issued Directive No. 24/CT-TTg (Directive 24) to promote and enhance the effectiveness and efficiency of the implementation of the Law on Bidding.
In particular, competent authorities are required to focus on inspecting bid packages with few participating bidders, low savings value; large-scale, complex bid packages; bid packages not bid online; bid packages applying direct bidding or bid packages with many recommendations, complaints, and denunciations; a bidder winning many bid packages in a locality, an investor for a long time but with low economic efficiency.

Source: https://www.baogiaothong.vn/kien-nghi-danh-gia-lai-tu-cach-hop-le-nha-thau-goi-thau-47-san-bay-long-thanh-192240825122918249.htm