What are the things you need to know when doing bidding? Below, Zhongda Consulting will introduce relevant content for your reference.

In the 2015 national government procurement agency supervision and inspection work organized by the Ministry of Finance, the preparation of bidding documents became the hardest hit area for agency violations. From the perspective of problem discovery, it mainly focuses on document preparation, information announcement, review process and other links. Among them, as many as 5,000 problems were found in the document preparation process, accounting for about 27% of all problems. This reflects the weaknesses and deficiencies in the procurement document preparation process.

A high-quality bidding document should not only reflect the needs of the purchaser, but also provide guidance for suppliers in preparing bidding documents; and a pragmatic and honest bidding document will undoubtedly improve the success rate of the bid. It can be said that improving the quality of the preparation of bidding documents will improve the quality and efficiency of procurement from the source. This article will provide a detailed analysis on how to prepare bidding documents scientifically and accurately.

Preparation Principles

1. Fairness and Reasonability: Fairness means treating users and suppliers fairly and equally; Reasonability means that the technical requirements and business conditions put forward by the purchaser must be fully based and consistent. actual. Technical requirements are established based on feasibility reports and technical and economic analyses, and standards cannot be blindly raised or equipment accuracy improved.

2. Fair competition: It means that the bidding documents must not contain discriminatory clauses, and must not require or indicate a specific patent, trademark, name, design, model, place of origin or manufacturer, and must not be biased. or exclude a potential bidding legal person or other organization.

3. Scientific and standardized: The purpose, requirements, progress, after-sales service, etc. of the procurement must be described in the most standardized words in a concise, orderly, accurate and clear manner. The wording in bidding documents must be accurate. Uncertain statements such as approximate and approximate, as well as ambiguous statements, should not be used. Use as few or no adjectives as possible to prevent bidders from making misunderstandings. The bidding documents should state the supporting bid evaluation factors or methods and try to be as scientific and reasonable as possible. This will make the bidding activities more open, relatively reduce human factors, and also make potential bidders more enthusiastic to participate.

Five elements of bidding documents

1. Tender announcement.

2. Bidding project requirements. It mainly introduces the specific project plan, technical standards and specifications, bidder qualifications, etc. in detail.

3. Instructions for bidders. It mainly explains the components of the bidding documents, the preparation methods and requirements of the bidding documents, the sealing and marking requirements of the bidding documents, etc.

4. Contract format. It mainly includes basic terms, delivery time, price inclusions and payment methods, rights and obligations of both parties, etc.

5. Tender document format. It mainly stipulates the format of the bidding documents that bidders should submit.

Prone problems

According to Sister Biao, after auditing the bidding process of government procurement projects, it was found that the bidding documents of different organizations are different, and the same organization has different bidding documents. The bidding documents of the projects are also different, and of course the problems existing in the bidding documents are also different. But to sum up, the problems mainly fall into the following six categories.

1. The schedule is tight and the bid response time is short. Some bidding projects are arranged in a hurry from project establishment, organization of bidding to contract fulfillment. The time of bidding announcement does not meet the minimum time limit stipulated by law. Potential bidders rush to the next step before they are informed of the information. Limitations The contract performance time was too short and foreign bidders had no conditions to respond.

2. Determine the winning bidder in advance. Set entry standards based on the qualifications of prospective bidders, or set unreasonable terms to exclude or restrict the participation of other potential bidders.

3. The selection of bidding methods does not comply with regulations, and the bid evaluation methods and bid evaluation standards are unclear. Some projects are actually inviting bids or competitive negotiations in the name of open bidding. Some project bidding documents do not specify a clear bid evaluation method, or simply indicate "comprehensive scoring method", but the bid evaluation criteria and evaluation factors are unclear.

4. The main terms of the contract to be signed are incomplete.

For bidding and procurement projects that use standard texts, the general terms are generally relatively complete, but the special terms for specific project characteristics are unclear. In particular, there are no detailed provisions on how the project will be settled, which affects Carry out contract performance and settlement audit work in the later stages of the project.

5. The text expression is inappropriate. There are phenomena such as poor language and confusing logic, or professional terminology is not used in the writing, and the meaning is not clearly expressed, so that bidders cannot accurately grasp the project's procurement needs and bid evaluation methods after reading it.

Legal Basis

Article 19 of the "Tendering and Bidding Law" stipulates: "The tenderer shall prepare bidding documents based on the characteristics and needs of the bidding project. The bidding documents shall include the technical details of the bidding project. Requirements, standards for bidder qualifications, bid quotation requirements and bid evaluation standards, as well as all substantive requirements and conditions, as well as the main terms of the contract to be signed. If the state has regulations on the technology and standards of the bidding project, the tenderer shall follow them. It is stipulated that corresponding requirements shall be put forward in the bidding documents. If the bidding project needs to be divided into bid sections and the construction period shall be determined, the tenderer shall reasonably divide the bidding sections and determine the construction period and state this in the bidding documents. "

"Tendering and Bidding. Article 20 of the Law stipulates: "Bidding documents shall not require or indicate specific production suppliers or other content that tends to favor or exclude potential bidders."

Regulations on the Implementation of the Bidding and Bidding Law No. 15 Article stipulates: "When preparing bidding documents for projects that require bidding according to law, the standard texts formulated by the development and reform department of the State Council in conjunction with relevant administrative supervision departments should be used."

Article 22 of the "Regulations on the Implementation of the Tendering and Bidding Law" It stipulates: “If potential bidders or other interested parties have objections to the bidding documents, they should raise them 10 days before the deadline for bidding. The tenderer shall respond within 3 days from the date of receipt of the objection; before making a reply, the bidding shall be suspended. Activities. "

Article 49 of the "Regulations on the Implementation of the Tendering and Bidding Law" stipulates: "Members of the bid evaluation committee shall comply with the bid evaluation standards and methods specified in the bidding documents in accordance with the provisions of the Tendering and Bidding Law and these regulations. , provide evaluation opinions on the bid documents objectively and impartially. Bid evaluation standards and methods that are not specified in the bidding documents shall not be used as the basis for bid evaluation."

Standardized preparation

In this year's Central Government In a training class organized by the Government Procurement Center (hereinafter referred to as the "National Procurement Center"), Zhang Zhihui, deputy researcher of the Procurement Division 1 of the National Procurement Center, explained in detail how to prepare standardized bidding documents.

"Three clarifications" and "nine avoidances" of technical requirements

"When writing procurement documents, why should we give priority to technical requirements? Because the technical requirements in the procurement documents are the core of the entire procurement document. It is the most important basis for determining the success or failure of project procurement, and it is also a criterion for clearly indicating procurement needs," Zhang Zhihui said. He also reminded that when compiling the content of technical requirements, purchasers should clarify or achieve three points:

First, before purchasing, they should research the brands, models, and market prices of goods that meet the needs;

Second, there must be more than three suppliers that meet the technical indicators and main product authorization requirements;

Third, there must be three main goods manufacturers and main service providers that meet the technical indicators. above.

He stressed that since public bidding is a competition between brands, manufacturers and non-agents, it is necessary to conduct procurement research on the specific conditions of the goods before purchasing.

When writing technical indicators, Zhang Zhihui pointed out that attention should be paid to avoiding the occurrence of nine types of problems:

First, one should avoid specifying brands and models;

Second, one should avoid Avoid restricting a certain manufacturer through technical means;

The third is to avoid the ambiguity of technical indicators;

The fourth is to avoid using bidder qualifications as technical indicators;

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The fifth is to pay attention to the technical indicators to be fully compatible with the original purchased product brand;

The sixth is to avoid harsh technical indicators that lead to less than three suppliers meeting the demand;

The seventh is to avoid tendentious technical indicators that cause suppliers to question technical requirements;

The eighth is to avoid too many invalid clauses in technical indicators leading to insufficient competition;

The ninth is to avoid The technical index requirements are too broad, resulting in too many manufacturers meeting the demand, resulting in low-priced bids, and the final product cannot meet the purchaser's needs.

Service standards should not be unrealistic

When writing service requirements, Zhang Zhihui pointed out that purchasers should pay attention to four "avoidances": First, avoid improving services that are usually performed by the industry. Standard requirements; second, avoid raising unrealistic response speeds; third, avoid requiring high-level personnel to do low-tech service work; fourth, avoid requiring training standards that exceed their own business mastery.

The scoring rules are clear and quantifiable

Zhang Zhihui believes: “In procurement documents, the quality of writing the scoring rules is related to whether the best supplier can be selected in the end. In order to ensure that experts can compare To fairly score bidders' bid documents within a short period of time, the scoring details must be clear, judgeable, and quantifiable." In addition, he emphasized that corporate performance is not allowed to be used as a scoring factor. According to Article 20 of the "Government Procurement Law Implementation Regulations". Article 1 stipulates that performance and awards in specific administrative regions or specific industries shall not be used as conditions for bonus points or conditions for winning bids or closing transactions.

In the service part of the scoring details, care should be taken to avoid inconsistencies with the requirements in the technical requirements document; the scoring requirements are unclear, with problems such as "understanding or grasping the purchaser's needs", "relevant qualifications, and corresponding technical titles" "scoring items; mentions of "better than" standards in the training standards are not allowed in the scoring rules.

In the technical part of the scoring rules, care should be taken to avoid being inconsistent with the technical requirements document; avoid adding, deleting, or modifying indicator items in the scoring, and assigning different indicators to the technical requirements. score, making the solicited technical requirements document a mere formality.

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