The consortium contractor must demonstrate the ability to mobilize the proposed personnel, including personnel belonging to one consortium member, to perform the duties of another consortium member.
Does the joint venture contractor have to demonstrate the ability to mobilize personnel?
According to Mr. Pham Manh Huy's reference, Circular No. 03/2015/TT-BKHDT has the guidance "For a consortium contractor, the capacity and experience is determined by the total capacity and experience of the consortium members. However, each member of the joint venture must ensure that each member of the partnership meets the capacity and experience for the part that that member undertakes in the partnership; if any member of the partnership does not satisfy the capacity and experience, the the consortium is assessed as unsatisfactory".
Work quality management in the stages: Construction, acceptance, making and signing of quality management documents, making as-built drawings in the case of joint venture contractors have been specifically guided in Article 7, Article 21, Article 23 and Appendix IIB of Decree 06/2021/ND-CP dated January 26, 2021 of the Ministry of Construction.
Mr. Huy asked, in the bid documents, does each member of the consortium need to arrange separate personnel and a qualified and experienced commander in accordance with the work in the bidding package of the consortium member according to the requirements of the contract. regulations?
The Ministry of Planning and Investment responded to this issue as follows:
Clause 1, Article 15 of Decree No. 63/2014/ND-CP stipulates that the evaluation of bids must be based on the criteria for evaluation of bids and other requirements in the bidding documents, on the basis of the bidding documents. submitted bids, documents explaining and clarifying bidders' bids to ensure the selection of qualified and experienced contractors and feasible solutions to execute the bidding package.
According to the provisions of Section 2, Chapter III, Form of bidding documents for construction and installation issued together with Circular No. 03/2015/TT-BKHDT, for joint venture contractors, capacity and experience are determined by total capacity, experience of the members of the partnership but must ensure that each member of the partnership meets the capacity and experience for the work that such member undertakes in the partnership; if any member of the consortium does not meet the requirements in terms of capacity and experience, the consortium contractor shall be assessed as unsatisfactory.
Accordingly, the evaluation of bids must comply with the above provisions and fall under the responsibility of the expert group and the bid solicitor.
For a joint venture contractor, the assessment of capacity and experience is based on the work that each member undertakes in the partnership. For the evaluation of key personnel, the evaluation of the contractor's personnel and equipment is carried out according to the standards specified in the bidding documents. The consortium contractor must demonstrate the ability to mobilize the proposed personnel, including personnel belonging to one consortium member, to perform the duties of another consortium member.
