What is comparing bidding documents? Is it allowed to refuse?

Article overview

Compare bidding documents is one of the important steps that determines the contractor’s success in the bidding process. However, many contractors are still vague about this process, leading to unfortunate errors. With experience in legal consulting for hundreds of businesses, Long Phan will help customers clearly understand and comply with regulations on comparing bidding documents, improving their chances of winning the bid.

Does the contractor have to compare bidding documents?
Does the contractor have to compare bidding documents?

What is comparing bidding documents?

Comparing bidding documents is checking and comparing the original documents provided by the contractor with the information declared in the bid documents on the National Bidding Network System.  Comparison is to ensure the accuracy and honesty of documents, thereby helping the bidding party select a truly capable contractor. This process plays a key role in preventing bid fraud.

Purpose:

  • Verify the validity of bid documents.
  • Detecting errors and omissions.
  • Ensure fairness and transparency.
  • Protect the interests of all parties.

Documents that need to be compared include:

  • Bid guarantee: Original letter of guarantee or insurance certificate with a value of 1-3% of the bidding package price.
  • Audited financial statements of the last 3 years.
  • Similar contract and acceptance and liquidation record with invoice.
  • Personnel capacity profile: Degree, practicing certificate, labor contract.
  • Documents proving the capacity of construction equipment.

Is the contractor allowed to refuse to compare documents?

According to the provisions of Point c, Clause 3, Article 16 of the Law on Bidding 2023, contractors are not allowed to refuse to compare documents when requested by the bidding party.  Refusal can lead to serious consequences:

  • Disqualified from bidding.
  • Administratively sanctioned according to Article 37 of Decree 122/2021/ND-CP.
  • Underrated in reputation.

Administrative sanction framework:

  • Organization: Fine of 200-300 million VND
  • Individual: Fine of 100-150 million VND
  • Revocation of certificate of competency: 12-24 months
  • Prohibition from participating in bidding: 1-5 years.

In addition, contractors may be criminally prosecuted under Article 222 of the Criminal Code 2015 if they fall into one of the following cases:

  • Causing damage of over 100 million VND
  • Recidivism after being administratively sanctioned
  • Has a professional nature.

However, in some special cases, the contractor may have a legitimate reason to refuse or request a postponement of comparison. For example:

  • The bidding party requests comparison of documents that do not fall within the prescribed scope.
  • Contractors need more time to prepare documents.
In case the contractor is refused to compare bidding documents
In case the contractor is refused to compare bidding documents

Bidding document comparison process

Pursuant to Circular 06/2024/TT-BKHDT, the comparison process is carried out:

Preparation stage:

  • The bidding party sends a written notice inviting comparison: Clearly state the time, location, and documents to be compared.
  • The contractor prepares documents: Introductory letter, original documents, minutes according to form 2A.
  • Preliminary check for completeness of documents.

Implementation phase:

  • Compare each type of document according to the checklist.
  • Make a record to record the results.
  • Handle problems that arise.

Completion stage:

  • Sign the reconciliation record.
  • Maintain comparison records.
  • Report results to competent authorities.

Consulting service for comparing bidding documents at Long Phan

With an experienced team and deep understanding of bidding law, Long Phan is proud to be a trusted partner of many businesses in Vietnam. We provide professional bidding document comparison consulting services, helping customers comply with regulations and improve their chances of winning the bid.

Long Phan’s services include:

  • Consulting on document comparison processes and procedures.
  • Assist in preparing and checking documents.
  • Representing customers to participate in comparison.
  • Resolve disputes related to document comparison.
Consulting on document comparison in bidding
Consulting on document comparison in bidding

Comparing bidding documents is an indispensable step, playing an important role in bidding activities. To ensure your rights and increase your chances of winning the bid, customers should equip themselves with solid knowledge about this process. Please contact Long Phan immediately via the hotline 0906735386 for free consultation and maximum support!