-analysis of the main points of bidding work

(The stories in this article are based on real people and events, and are adapted appropriately according to the needs of the article. )

First, the standards abandoned in those years.

In the waiting hall of a public resource trading center, Zhang San paced back and forth, anxiously waiting for the bid evaluation results. This is the first time that he is in charge of bidding. Since taking over this job, hundreds of pages of bidding documents and various dazzling technical terms have put a heavy burden on him. In addition, the project is very important to the performance of the department. The leader attached great importance to this and repeatedly urged him to carefully check the document requirements, which doubled Zhang San's pressure for fear of any problems.

Just then, a young man finally rushed in with two bundles of papers and met Zhang San who was pacing head-on. "Excuse me, is this the place where the bidding documents are submitted for the xx consulting service procurement project? There was a problem with the bullet train tunnel, and the line was temporarily adjusted, which was 2 hours late? " This is a xxx performance service procurement project, and bid evaluation has begun. "Li Si repeatedly confirmed the tender announcement with his mobile phone and dialed the telephone of the agency. After a few words, Li Si flew into a rage. "what? In the morning, the buyer said that the procurement task was suspended, so the bid for the afternoon was not opened? Is it okay? Why didn't you inform in advance? "The agency said that at the request of the purchaser, the procurement activities would be suspended and the bids would not be opened in the afternoon. However, according to the requirements of relevant laws and regulations, we can't see the contact information on the bidder's system, so we can't tell.

At this moment, the door of the bid evaluation room was opened, and the agency announced that only three companies had submitted the deposit and bid documents within the specified time. One of them is xx Guest House, and there is no relevant qualification and professional team. The unqualified qualification examination led to less than three suppliers' substantive response, so Zhang San's participation in xxx performance service procurement project was rejected. At the moment, the phone of the leader came. As soon as Zhang Sanzhi told the result of the invalid bid, he heard the accusation on the phone. At the moment, two helpless young people looked at each other and sighed at the same time.

Second, the difference between waste standard, waste standard and waste standard

Friends who have participated in bidding have had similar experiences of being "rejected" by themselves or people around them. However, as can be seen from the story, many people have confused the concepts of invalid bid, invalid bid and invalid bid.

The concepts of scrap bid and flow bid are similar, and the corresponding subject is the whole project, but different laws and regulations have different expressions in different periods, all of which are aimed at the whole procurement project, and the procurement failed and failed to achieve the procurement goal.

The only difference is that the government procurement project has gone through the process of bid opening and evaluation, and the winning supplier has been determined (the winning candidate has not been determined), but it has been complained after the winning result is announced, or the whole procurement activity has been questioned. After verification by the relevant departments, the project is invalid, and the tender is re-invited according to law. In this case, we can only say that the project has been abandoned.

In any of the following circumstances, Article 36 of the Government Procurement Law shall be abolished:

(1) There are less than three suppliers who meet the professional requirements or make substantive responses to the bidding documents;

(two) there are illegal acts that affect the procurement justice;

(three) the bidder's quotation exceeds the procurement budget, and the purchaser cannot pay;

(four) due to major changes, the procurement task has been cancelled.

After the bid is cancelled, the buyer shall inform all bidders of the reasons for cancellation.

The bid is invalid, and the corresponding target should be the bid of a single bidding supplier. Let's sort out the invalid bidding in various laws and regulations.

Government procurement law

Article 77? (a) providing false materials for winning the bid and closing the transaction;

(2) Defaming or crowding out other suppliers by improper means;

(3) Malicious collusion with purchasers, other suppliers or procurement agencies;

(4) Bribing bribes or providing other illegitimate interests to purchasers or procurement agencies;

(five) the negotiation with the purchaser in the process of bidding and purchasing;

(six) refusing the supervision and inspection of the relevant departments or providing false information.

If the supplier is under any of the circumstances mentioned in Items (1) to (5) of the preceding paragraph, the bid winning and transaction shall be invalid.

In the process of bid evaluation, if the bidder is found to have the above situation, the bid evaluation committee shall consider his bid invalid and report to the finance department at the corresponding level in writing.

Regulations for the implementation of the government procurement law

Article 33

If the tender documents require bidders to submit a bid bond, the bid bond shall not exceed 2% of the budgeted amount of the procurement project. The bid bond shall be submitted in non-cash form such as check, draft, promissory note or letter of guarantee issued by financial institutions and guarantee institutions. If the bidder fails to submit the bid bond according to the requirements of the tender documents, its bid is invalid.

Regulations of People's Republic of China (PRC) Municipality on the Implementation of the Bidding Law

Article 34? Legal persons, other organizations or individuals who have an interest in the tenderer and may affect the fairness of the tender shall not participate in the bidding.

If the person in charge of the unit is the same person or different units with holding and management relations, they shall not participate in the bidding of the same bid section or the bidding of the same project subject to tender without dividing the bid section.

In violation of the provisions of the preceding two paragraphs, the relevant bidding is invalid.

Article 37? The tenderer shall specify whether to accept the consortium bid in the prequalification announcement, tender announcement or invitation to bid.

Where a tenderer accepts the bid of a consortium and conducts prequalification, it shall form a consortium before submitting the application documents for prequalification. If the consortium adds, reduces or replaces members after the prequalification, its bid will be invalid.

If the parties to a consortium bid separately in their own names or participate in the bidding of other consortia in the same bidding project, the relevant bidding is invalid.

Article 38? Major changes such as merger, division and bankruptcy occur. , the bidder shall promptly notify the tenderer in writing. If a bidder no longer meets the qualification requirements stipulated in the prequalification documents and bidding documents, or if its bid affects the fairness of bidding, its bid is invalid.

Measures for the administration of bidding for government procurement of goods and services

Article 31? For the procurement project with the lowest bid evaluation method, under the same contract, if different bidders offering the same brand products participate in the bidding, the bidder who passed the qualification examination, compliance examination and offered the lowest bid will participate in the bid evaluation; If the quotations are the same, the purchaser or the purchaser entrusts the bid evaluation committee to determine a bidder to participate in the bid evaluation in the way specified in the tender documents, and other bids not specified in the tender documents are invalid by random selection.

Article 36? Bidders shall abide by the principle of fair competition, and shall not collude maliciously, hinder the competitive behavior of other bidders, or damage the legitimate rights and interests of purchasers or other bidders.

In the process of bid evaluation, if the bidder is found to have the above situation, the bid evaluation committee shall consider his bid invalid and report to the finance department at the corresponding level in writing.

Article 37? In any of the following circumstances, it shall be deemed that bidders collude in bidding, and their bidding shall be invalid:

(a) the bidding documents of different bidders are compiled by the same unit or individual;

(two) different bidders entrust the same unit or individual to handle the tender matters;

(3) The project management members or contacts specified in the bidding documents of different bidders are the same person;

(four) the bidding documents of different bidders are unusually consistent or there are regular differences in bidding quotations;

(5) The bidding documents of different bidders are confused with each other;

(six) the bid bond of different bidders is transferred from the account of the same unit or individual.

Article 59? If the quotations in the bidding documents are inconsistent, unless otherwise stipulated in the bidding documents, they shall be revised according to the following provisions:

(1) If the contents of the bid opening list (quotation sheet) in the tender documents are inconsistent with the corresponding contents in the tender documents, the bid opening list (quotation sheet) shall prevail;

(2) When the amount in words is inconsistent with the amount in figures, the amount in words shall prevail;

(3) If the decimal point or percentage of the unit price is obviously misplaced, the total price in the bid opening list shall prevail and the unit price shall be revised;

(4) If the total amount is inconsistent with the sum summarized by the unit price, the calculation result of the unit price amount shall prevail.

If there are two or more inconsistencies at the same time, they shall be corrected in the order specified in the preceding paragraph. The revised quotation shall be binding after it is confirmed by the bidder in accordance with the provisions of the second paragraph of Article 51 of these Measures. If the bidder does not confirm, its bid is invalid.

Article 60? If the bid evaluation committee thinks that the bidder's quotation is obviously lower than that of other bidders who have passed the compliance review, which may affect the product quality or fail to perform in good faith, it shall require the bidder to provide a written explanation at the bid evaluation site within a reasonable time and submit relevant certification materials when necessary; If the bidder can't prove the rationality of his quotation, the bid evaluation committee will regard it as an invalid bid.

Article 63? In any of the following circumstances, the bid is invalid:

(a) failing to submit a bid bond in accordance with the provisions of the tender documents;

(two) the tender documents are not signed and sealed according to the requirements of the tender documents;

(three) do not have the qualification requirements stipulated in the tender documents;

(4) The quotation exceeds the budgeted amount or the maximum price limit stipulated in the tender documents;

(five) the tender documents contain additional conditions unacceptable to the purchaser;

(six) other invalid circumstances stipulated by laws, regulations and bidding documents.

The specific provisions in various laws and regulations complement each other. In the actual bid evaluation, only one of the above provisions can make the whole bidding work fall short.

Iii. Analysis Points of Bidding Work

In the previous story, the leader confused the concepts of invalid bid and invalid bid, and mistakenly thought that Zhang San's bid was invalid because of problems in document production, which made innocent Zhang San falsely accused.

For many people, the above laws and regulations are too boring. Let's talk about matters needing attention in bidding work with common cases of bidding mistakes in actual work. Reality is far more dramatic than novels and film and television dramas.

1, take a chance if you are not qualified. Just like the xx Guest House in the previous story, it is commendable to be eager to expand and develop new business. However, blind participation is only a waste of public resources on the premise that the qualifications and professional teams do not meet the requirements of the bidding documents. Even if you win the bid, you will face punishment or even be included in the list of dishonesty because you can't perform. When making bidding decisions, we must fully study the requirements and conditions in the bidding announcement and bidding documents, and pay special attention to the qualification requirements for enterprises and personnel.

2. Submit the deposit as required. Must be submitted in accordance with the amount, account number, time and deposit specified in the tender documents. The deadline for deposit is not necessarily the same as the deadline for submission of bid documents! There are many negative cases in this regard. If the account number is wrong, it will not be paid according to the amount. It is still necessary to transfer money on time, according to the quantity and according to the designated account in strict accordance with the requirements of the tender documents for the deposit. For those who can use the letter of guarantee, they must fully communicate with agencies and financial institutions to ensure the validity of the letter of guarantee.

3. Bidding documents. This is the place with the most problems and needs to be broken down in detail.

(1) is not produced in the format required by the tender documents. This includes fonts, sizes, pages, directories, etc. If the tender documents have clear requirements on the format, they must be made according to their requirements.

(2) Tampering with the response template of the tender documents, such as putting the consortium statement in the tender documents of other projects, will lead to invalid bidding. If the template of fixed statement and commitment document is given in the bidding document, it should be used directly after supplementing the information of bidding suppliers.

(3) typo problem. Such as "xx Media Information System Project" and "xx Coal Resource System Project". There is also a reply to one of the terms in the tender documents, which is completely satisfied and written as completely satisfied and invalid bidding.

(4) The positions of the ID cards of the legal person and the authorized person are reversed, and the bid is invalid. Such problems often occur, some are operational errors, some are final typesetting problems, and some are layout dislocation caused by compatibility problems between office software and WPS software.

(5) signature.

A single project needs to be signed page by page. If it does not meet the requirements, the bid will be invalid.

B It is common that "signature of legal representative and authorized person" is regarded as "signature of legal representative or authorized person" and there is no lack of signature, so the bid is invalid.

C. If a signature is required but a signature stamp is used, the bid is invalid.

(6) The seal is unqualified.

A requires the word "sealed", but many manufacturers habitually mark it as "sealed", and the bid is invalid.

B. If the stamp is incomplete, the bid will be invalid. There are some skills to cover the seal on the outside of the packaged bidding documents, and it is necessary to make the seal fully contact with the paper at all times.

C. If the bidding documents are not packaged, and the original, electronic version and quotation sheet are sealed in one package, the bidding is invalid.

D. the outer package is damaged after being soaked in rain and snow.

E. the external cover does not meet the required format.

F whether to use "seal" or "official seal" must be implemented according to the requirements of the tender documents.

4. Failure to submit bid documents on time.

(1) The bidding documents were not submitted on time due to the delay, cancellation and line adjustment of trunk transportation.

(2) The personnel arrive in time, but leave the bidding documents in the trunk of the taxi.

(3) Traffic accidents.

(4) Files were stolen by criminals.

(5) The bidder has a temporary major change.

(6) Wrong bid opening room.

(7) misjudge the place of bid opening. The purchaser of a project and the location of the project are both Jiayuguan, but the information release and bid opening are both in Jiuquan Public Resource Trading Center. A supplier once went to Jiayuguan Public Resource Trading Center to submit bidding documents on the day of bid opening, and the result can be imagined.

Four. Matters needing attention in bidding work

1, according to the degree of responsibility and importance of the project, arrange the bidders and implement the division of labor, but it is recommended that at least two people, one of whom should focus on checking whether there are various problems in the tender preparation.

2, determine the project subject to tender should be based on their own conditions, business scope and ability to match. Especially the enterprise qualification grade and the personnel qualification required by the bidding documents.

3. With regard to the production of bidding documents, we must first make it clear that our role is the bidding supplier, not the bidding agency supervision organization, and not the superior unit of the purchaser. The bidding work is more like an exam, in which the agency and the purchaser are the teachers, the bidding documents are the examination papers, the bidding suppliers are the candidates, and the bidding documents are the answer sheets! Never cling to the rationality, professionalism and small mistakes of the test paper and delay the answer, let alone answer irrelevant questions.

4. It is best to arrive one or two days in advance for bidding in different places, and be familiar with the route of the bid opening place in advance. It is best to live within ten minutes' walk from the bid site. On the premise of being qualified and well sealed, the bidding documents shall be kept confidential, and the purpose of bidding shall not be easily disclosed to strangers.

5. Have a healthy mentality and do not conflict with the staff of the agency or the bid opening place. In case of doubt, keep relevant evidence rationally and objectively, and submit relevant documents according to the procedures required by relevant laws and regulations and bidding documents. Don't be influenced by emotions and conflict with the purchaser, agency or staff at the bid opening place.

With the continuous improvement of laws and regulations in the field of bidding, the gradual implementation of policies to optimize business environment and the continuous improvement of technical level, bidding will become increasingly standardized and systematic, and the supervision system and supervision will be more perfect and powerful. For bidding suppliers, it will also usher in a more open and transparent market environment!