First, publicity
Paragraph 1.3 of the Guide to Loan Procurement of IBRD and IDA (2004 edition, hereinafter referred to as the Procurement Guide) mentions that "open competition is the basis of effective public procurement", and the premise of open competition is that relevant information must be made public.
1, bidding information should be made public.
If public bidding is adopted, the tenderer shall issue a tender announcement through the public media designated by the state, and if pre-qualification is needed, a pre-qualification announcement shall be issued; In the case of inviting tenders, the tenderee shall issue invitations to bid to three or more specific legal persons or other organizations. Tender announcement, prequalification announcement and invitation to bid shall contain information that can generally meet the needs of potential bidders to decide whether to participate in bidding competition.
2. The bidding documents shall be complete.
The bidding documents shall contain the information necessary for the bidder to make bidding decisions and prepare for bidding, and other relevant information to ensure the openness and transparency of the bidding process. Clarification or modification of the tender documents shall be notified to all recipients of the tender documents in writing. The purpose of complete bidding documents is to ensure that enterprises can obtain enough information to decide whether to bid for a specific contract and how to bid.
3. The bid opening shall be conducted in public.
The bid opening procedure shall be open, and all bidders or their representatives may participate in the bid opening; The bid documents shall be opened in public, and the main contents such as the name of the bidder and the bid price shall be read and recorded in public.
4. The result of winning the bid shall be made public.
After determining the winning bidder, the tenderer shall issue a bid-winning notice to the winning bidder and notify all bidders who have not won the bid. Bidders who have not won the bid have the right to question the tenderer or complain to the relevant administrative supervision departments if they have any objection to the bidding activities and the winning results.
The publicity of the result of winning the bid aims to ensure that the winning enterprise has the opportunity to confirm its winning bid, and the losing enterprise has the opportunity to know whether its rights and interests have been infringed and the reasons for being rejected, so as to improve the bidding documents in the future (fortunately, some regions or industries have done a good job in publicizing the reasons for the rejection, such as the bidding for construction projects in Beijing and the bidding publicity for projects published by Guodian Business Network).
In order to ensure the operability of disclosure, the disclosure of information should meet the standards of comprehensiveness, authenticity, legality, up-to-date, availability and easy interpretation.
5. The decision on handling complaints about illegal bidding activities shall be made public.
Publicizing the decision on complaint handling and the record of illegal acts in bidding can promote the construction of bidding credit system, improve the punishment mechanism for dishonesty in bidding and standardize the behavior of parties in bidding and tendering.
6. The specific information shall be kept confidential.
In order to ensure the fairness and justice of bidding activities, relevant specific information shall be kept confidential. For example, if a project subject to tender has a pre-tender estimate, the pre-tender estimate shall be kept confidential before the bid opening; The names and quantities of potential bidders shall be kept confidential before the bid opening. Exceptional confidentiality clauses are conducive to protecting and maintaining competition among suppliers and safeguarding the interests of the same family and the public. Therefore, the fundamental goal pursued by the system of keeping secrets according to law and information disclosure is the same, and they are not contradictory.
Second, fairness.
The principle of fairness applies not only to the contractual relationship between the tenderee and the bidder, but also to the equal competition relationship between the bidders. We should treat every bidder equally in strict accordance with the conditions and procedures of public bidding, and do not favor one over the other. It is helpful to realize fairness to refine the principle of fairness into specific rules of conduct that are mandatory and instructive.
1, the bidding information should be the same.
The tender information provided by the tenderer to all potential bidders, such as announcements, tender documents, clarification or supplementary documents and drawings, shall be consistent, and the pre-tender estimate or other information that may hinder fair competition shall not be disclosed to any bidder.
2, qualification examination and review procedures should be consistent.
The qualification examination of all potential bidders and the evaluation of bidding documents shall adopt the same standards and procedures, and shall not engage in malpractices for personal gain.
3. There shall be no discriminatory clauses in the tender documents.
The technical and quality requirements of the tender documents should adopt general standards as far as possible, and no one should be biased towards a specific bidder to the exclusion of other bidders by indicating specific trademarks and patents.
4, the relevant personnel should be avoided by the regulation.
Persons who have an interest in the bidder shall not become members of the bid evaluation committee, so as to avoid it;
5. The terms of the contract should be fair.
Article 5 of People's Republic of China (PRC) Contract Law stipulates that "the parties shall follow the principle of fairness to determine their respective rights and obligations". For tenderers and bidders, both parties have equal status in bidding activities, and the terms of the contract should be fair. Neither party shall make unreasonable demands on the other party, nor shall it impose its will on the other party.
Third, justice.
The principle of justice is different from the principle of justice, it adjusts the rights and obligations of both parties, it adjusts the rights and obligations of one party and the other, and emphasizes that one party should keep an equal distance from the other.
1. Bidders shall not be discriminated against due to geographical factors.
In order to ensure the fairness of bidding activities, bidders shall not be discriminated against because of their ownership, place of registration, affiliation and other factors.
2 qualification and bid evaluation criteria shall not be reused.
The bidding process can be divided into pre-qualification and post-qualification according to the way of qualification examination. Regardless of pre-qualification or post-qualification, the standards used in qualification examination shall not be reused in the bid evaluation stage. If the qualification criteria are reused in the bid evaluation stage, it will make it easy for enterprises with rich experience or financial or personnel advantages to win the bid; When the evaluation criteria are adopted in the qualification examination stage, enterprises with bidding qualifications will be rejected.
3. Fair evaluation
Bid evaluation is one of the key links in bidding. The evaluation should not only be confidential, but also fair. In the process of bid evaluation, the judges, especially the representatives of the tenderee, must be fair and realistic, and treat all bidders equally. The tenderee's representative shall not take the opportunity to make personal subjective judgments and pass his personal opinions to other judges in various ways. The tenderer's representative should reflect the true significance of organizing bid evaluation and take the lead in playing a fair role. At the same time, prevent other judges from influencing other judges with incorrect or one-sided personal views in the evaluation process.
4. The evaluation criteria should be quantified as much as possible.
The bid evaluation criteria of bidding documents should be quantified as much as possible, and all bids should be evaluated in strict accordance with the established bid evaluation procedures. The personal opinions of all the judges should be fully reflected in their own scoring tables, and the winning bidder should be determined according to the established evaluation criteria.
5. Avoid replacing justice with fairness.
How to be open, fair and just has been briefly explained, but attention should be paid to avoiding replacing justice with fairness in practical work.
As mentioned above, the concept of fairness focuses on "the same scale" and has no obvious value orientation, but it emphasizes objectivity and has obvious tool color. Under the condition of market economy, if justice is not regarded as the basic value orientation, but the function of justice is exercised fairly, then fairness at this time is easily subordinate to the practice of taking the complete market economy as the guidance, thus amplifying or expanding the inherent defects of the market economy, which is beneficial to enterprises with rich experience or financial or personnel advantages, but very unfavorable to the opposite, for example.
5. 1 example 1: The qualification grade of computer information system integration enterprise is not clear about the scope of contracting.
The circular issued by the Ministry of Industry and Information Technology (revised version 20 12) stipulates the qualification grade of computer information system integration enterprises in terms of comprehensive conditions, financial status, reputation, performance, management ability, technical strength and talent strength, but the circular is different. In practice, small projects also require potential bidders to have the first-class qualification of computer information system integration. Although this practice meets the requirements of fairness, it does not meet the requirements of fairness.
5.2 Example 2: Cross-qualification projects undertaken by construction enterprises
The Qualification Standard for Construction Enterprises issued by the Ministry of Housing and Urban-Rural Development of the People's Republic of China stipulates the financial status, performance, equipment and talent strength required by enterprises, and also clearly stipulates the scope of contracted projects of enterprises of different grades. Take the scope of contracted projects as an example: first-class enterprises can undertake the construction of various foundations and foundation projects, which are expressed by mathematical symbols as (0, ∞); Secondary enterprises can undertake all kinds of foundation and foundation engineering construction with the project cost of 6.5438+0 million yuan or less, which is expressed by mathematical symbols as (0.1000); Third-class enterprises can undertake the construction of various foundations and foundation projects with a project cost of 3 million yuan or less, which is expressed by mathematical symbols as (0,300). Obviously, the second-level enterprises can fairly occupy the market share of the project cost of the third-level enterprises in the range of (0,300), the first-level enterprises can fairly occupy the market share of the project cost of the second-level enterprises in the range of (300, 1000), and the third-level enterprises can fairly occupy the market share of the project cost in the range of (0,300), which makes the first-level enterprises always in an advantage.
The above two examples reflect that some phenomena are fair but unfair, and it is necessary to avoid replacing justice with fairness. Therefore, it is necessary to return the market share occupied by high-qualified enterprises from low-qualified enterprises to low-qualified enterprises. After the change, the engineering contracting scope of first-,second-and third-level enterprises is represented by mathematical symbols as: first-level enterprise (1200, ∞) and second-level enterprise (300, 1000) respectively.
Only by taking justice rather than fairness as the basic value orientation of social and economic development can we effectively prevent the inherent defects of market economy. Only by taking justice as the basic value orientation and following the four basic rules of justice, namely, the rules of ensuring the survival bottom line and basic dignity of social members, the rules of equal opportunity, the rules of distribution according to contribution and the rules of social adjustment, can we eliminate the inherent defects of the market economy and give full play to the positive role of the market economy. If so, it can not only make the society full of vitality, but also keep the society in a state of safe operation and healthy development, and constantly improve the overall quality of society.
arouse
To realize the principles of openness, fairness and justice in bidding activities, openness is the premise, fairness is the tool and fairness is the goal. Only by organically combining these three principles can we truly realize the principle of three publics.
(Transferred from Zhang Wenming, with changes)