Bid Clarification Process and Handling of Non-Compliant First-Ranked Bidders under Decree 214/2025/ND-CP
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The Ministry of Finance clarified the bid-clarification procedure for electronic construction bid documents (E-HSDT) under the one-stage, single-envelope format: whether clarification may occur simultaneously across all evaluation stages or must follow a two-phase sequence. Under Article 30, clause 1 of Decree 214/2025/ND-CP, after bid opening contractors must clarify their bids upon the project owner's request. For key personnel and major construction equipment, clarification and supplementation apply only to the first-ranked bidder after financial evaluation. Under Article 29, clause 2, evaluation of personnel and equipment is initially based solely on commitments stated in the bid form (not attached documents), with detailed document-level evaluation occurring only after ranking. If the first-ranked bidder fails to satisfy personnel or equipment requirements after being asked to clarify and supplement or replace (up to 2 rounds per item), that bidder is disqualified, has its reputation assessed under Article 20, and has its account suspended for 3 months on the National E-Procurement System.
Bid Clarification Procedure and Disqualification of Non-Compliant First-Ranked Bidder — Decree 214/2025/ND-CP
Two-Phase Process for Personnel and Equipment
Phase 1 — Eligibility, Capacity, Technical and Financial Evaluation and Ranking:
- Expert panel evaluates key personnel and major equipment based solely on commitments in the bid form (not the declarations and attached documents)
- Applied to all bidders at this stage
Phase 2 — After Financial Ranking (first-ranked bidder only):
- Detailed evaluation of key personnel and equipment against the declarations and documents submitted in the bid
- If non-compliant: the project owner requests clarification, supplementation or replacement — up to a maximum of 2 rounds per non-compliant personnel member or equipment item
Consequences of First-Ranked Bidder Disqualification
- Eliminated from the package
- Reputation assessed under Article 20 of Decree 214/2025/ND-CP
- Account suspended for 3 months from the date the project owner publishes the bidder's name on the National E-Procurement System
Simultaneous Clarification Across Evaluation Steps
- Under Article 30, clause 1: clarifications on legal status, similar contracts, production capacity, financial reports, tax compliance, personnel, and equipment may be requested simultaneously
- However, for key personnel and major equipment in domestic construction packages: supplementation is only requested from the first-ranked bidder after financial evaluation