Currently, in the documents of the Law on Bidding and other guiding documents, there is no content that stipulates that contractors whose reputation is assessed will be disqualified. However, in practice, there are many different interpretations.
Accordingly, when a contractor commits one of the violations that leads to reputation assessment, the contractor will be posted on the National Bidding Network by the investor. At that time, if the contractor participates in the bidding, it must implement a bid security measure with a value of 3 times the required value for other contractors within 2 years from the last time the contractor was assessed for reputation. This means having to spend more money to participate in bidding projects.
The concept of contractor reputation is included in the Bidding Law 2023, Decree 24/2024/ND-CP and supplemented by Decree 17/2025/ND-CP. Contractor reputation is assessed when it falls into one of the following cases:
The Contractor does not conduct or refuses to compare documents and negotiate contracts (if any) during the validity period of the bidding documents and proposal documents when invited to compare documents and negotiate contracts (if any);
The contractor has compared documents and negotiated the contract (if any) but refuses or does not sign the contract negotiation minutes, except for the case specified in Clause 8, Article 43 of Decree 24/2024/ND-CP;
The selected contractor fails or refuses to complete the contract or framework agreement or does not sign the contract or framework agreement;
The contractor signed the framework agreement but did not proceed or refused to complete the contract or did not sign the contract.
The contractor withdraws the bid and request for proposals after the closing time and during the validity period of the bid and proposal;
The bidder does not submit the original bid security as required by the investor or the inviting party or does not submit cash, payment guarantee check, bid security letter or guarantee insurance certificate as prescribed by the law on bidding;
The contractor does not take measures to ensure contract performance;
The bidder refuses or does not confirm the acceptance of the contract award within a maximum of 03 working days from the date the bid solicitor invites the bidder to confirm the acceptance of the contract award on the National Bidding Network for the abbreviated online bid.
In addition, it is necessary to note and exclude the case where the contractor is ranked first in many bid packages at the same time or due to force majeure or the contractor has the right to refuse to negotiate and be refunded the bid security value in case the inviting party or the investor does not conduct negotiations according to the principles and contents specified in Clause 3 and Clause 4, Article 43 of Decree 24/2024/ND-CP (Compliance with the contents of contract negotiations).
The case of a contractor being cancelled due to the lack of a contractor meeting the technical requirements is not a regulation on the contractor's reputation.
To look up and determine the reputation of contractors through bidding, units can look up directly on the National Bidding Network System, specifically as follows:
- Log in to website: https://muasamcong.mpi.gov.vn/
At Home > Search > Violating organizations and individuals > List of contractors that do not ensure reputation when participating in bidding.
At Home > Search > Violating organizations and individuals > List of other organizations and individuals being disciplined for violations.
Source: https://baophapluat.vn/nha-thau-co-bi-loai-khi-bi-danh-gia-ve-uy-tin-hay-khong-post549407.html
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