In the 20 15 national supervision and inspection of government procurement agencies organized by the Ministry of Finance, the preparation of bidding documents became the hardest hit by agency violations. From the point of view of problem discovery, it mainly focuses on the process of document preparation, information announcement and evaluation. Among them, there are as many as 5000 problems found in document preparation, accounting for about 27% of all problems, which reflects the weakness and deficiency of procurement document preparation from one side.
A high-quality bidding document should not only reflect the buyer's needs, but also provide guidance for suppliers to prepare bidding documents; And a pragmatic and honest bidding document will undoubtedly improve the bid hit rate. It can be said that improving the quality of bidding documents will improve the quality and efficiency of procurement from the source. This paper will make a detailed analysis on how to compile bidding documents scientifically and accurately.
Compilation principle
1. Fairness and reasonableness: Fairness means treating users and suppliers fairly and equally; Reasonable means that the technical requirements and commercial conditions put forward by the purchaser must be based on sufficient and practical basis. The technical requirements are formulated according to the feasibility report and technical and economic analysis, and it is not allowed to raise standards or improve equipment accuracy blindly.
2. Fair competition: It means that the bidding documents shall not contain discriminatory clauses, require or indicate specific patents, trademarks, names, designs, models, countries of origin or manufacturers, or bias or exclude the contents of potential bidding legal persons or other organizations.
3. Scientific specification: describe the purpose, requirements, progress and after-sales service of procurement concisely, orderly and accurately in the most standardized words. The wording of the tender documents shall be accurate, and it is not allowed to use approximate, approximate and other uncertain expressions or ambiguous expressions. Use adjectives as little as possible to prevent bidders from understanding mistakes. The bidding documents should specify the supporting bid evaluation factors or methods, and try to be scientific and reasonable, which will make the bidding activities more open, relatively reduce human factors, and make potential bidders more enthusiastic to participate.
Five elements of bidding documents
1. Tender announcement.
2. Requirements of the project subject to tender. This paper mainly introduces the specific project scheme, technical standards and specifications, bidder qualification, etc.
3. Instructions to Bidders. It mainly describes the components of the bid documents, the preparation methods and requirements of the bid documents, the sealing and marking requirements of the bid documents, etc.
4. Contract format. It mainly includes basic terms, delivery time, price content and payment method, rights and obligations of both parties, etc.
5. Format of bid documents. It mainly specifies the format of bidding documents that bidders should submit.
sensitive issue
According to Biao Jie, after auditing the bidding process of government procurement projects, it is found that the bidding documents of different institutions are different, and the bidding documents of different projects in the same institution are also different. Of course, the problems in the bidding documents are also different. But to sum up, there are six main problems.
1. The time schedule is tight and the bidding response time is short. Some bidding projects, from project initiation, bidding organization to contract performance, are arranged in a hurry, and the bidding announcement time can not meet the minimum time limit required by law. Before the vast number of potential bidders get the information, they rush into the next link, limiting the contract performance time to be too short, and foreign bidders have no conditional response.
2. Decide the winning bidder in advance. Set access standards according to the qualifications of potential bidders, or set unreasonable terms to exclude or restrict the participation of other potential bidders.
3. The selection of bidding methods is not in conformity with the regulations, and the bid evaluation methods and standards are vague. Some projects invite public bidding or competitive negotiation in the name of public bidding. Some project bidding documents do not clearly specify the bid evaluation method, or simply indicate the "comprehensive scoring method", but the bid evaluation criteria and factors are not clear.
The main terms of the contract to be signed are incomplete. For bidding procurement projects with standard texts, the general terms are generally complete, but the special terms aiming at the characteristics of specific projects are not clear, especially the terms that do not specify how to settle the project in detail, which affects the contract performance and settlement audit in the later stage of the project.
5. Inappropriate written expression. There are some phenomena such as poor language and logical confusion, or the technical terms are not used in the text, and the meaning expression is not clear, which leads to the bidder's inability to accurately grasp the procurement requirements and bid evaluation methods of the project after reading.
legal ground
Article 19 of the Tendering and Bidding Law stipulates: "A tenderer shall prepare tender documents according to the characteristics and needs of the project subject to tender. The tender documents shall include all substantive requirements and conditions such as the technical requirements of the project subject to tender, the standards for qualification examination of bidders, the requirements for bid quotation and evaluation criteria, and the main terms of the contract to be signed. If the state has provisions on the technology and standards of the project subject to tender, the tenderer shall put forward corresponding requirements in the tender documents in accordance with its provisions. If a project subject to tender needs to be divided into blocks and the construction period is determined, the tenderer shall reasonably divide the blocks and determine the construction period, and specify it in the tender documents. "
Article 20 of the Bidding Law stipulates: "The bidding documents shall not require or indicate specific producers, suppliers or other contents that tend to or exclude potential bidders."
Article 15 of the Regulations on the Implementation of the Bidding Law stipulates: "The standard text formulated by the development and reform department of the State Council in conjunction with the relevant administrative supervision departments shall be used for projects that must be subject to bidding according to law."
Article 22 of the Regulations for the Implementation of the Bidding Law stipulates: "If potential bidders or other interested parties have objections to the bidding documents, they should raise them before the deadline for bidding 10. The tenderer shall make a reply within 3 days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities should be suspended. "
Article 49 of the Regulations on the Implementation of the Bidding Law stipulates: "The members of the bid evaluation committee shall objectively and fairly put forward their evaluation opinions on the bidding documents in accordance with the provisions of the Bidding Law and these Regulations and the bid evaluation standards and methods specified in the bidding documents. The bid evaluation criteria and methods not specified in the tender documents shall not be used as the basis for bid evaluation. "
Standardized compilation
In this year's training course held by the Government Procurement Center of the Central State Organs (hereinafter referred to as the "National Procurement Center"), Zhang Zhihui, deputy researcher of the Procurement Department of the National Procurement Center, explained in detail how to prepare standardized bidding documents.
"Three Definitions" and "Nine Avoidances" of Technical Requirements
"Why should technical requirements be given priority when writing procurement documents? Because the technical requirements in the procurement document are the core of the entire procurement document, the most important basis for determining the success or failure of project procurement, and a criterion for clearly indicating the procurement requirements. " Zhang Zhihui said. He also reminded that when compiling the contents of technical requirements, the purchaser should be clear or do three things:
First, before buying, we should investigate the brand, model and market price of the goods that meet the demand;
Second, there must be more than three suppliers to meet the technical indicators and authorization requirements of the main products;
Third, there must be more than three major commodity producers and major service providers that meet the technical requirements.
He emphasized that since public bidding is a competition among brands, manufacturers and non-agents, it is necessary to conduct purchasing research on the specific situation of goods before purchasing.
When compiling technical indicators, Zhang Zhihui pointed out that nine types of problems should be avoided:
First, avoid specifying brand models;
Second, we should avoid restricting a certain manufacturer through technical channels;
Thirdly, the fuzziness of technical indicators should be avoided;
Fourthly, the qualification of bidders should be avoided as a technical index;
Fifth, pay attention to the technical indicators to be completely compatible with the original product brand;
Sixth, avoid harsh technical indicators leading to less than three suppliers meeting the demand;
Seventh, avoid biased technical indicators that lead suppliers to question technical requirements;
Eighth, avoid insufficient competition caused by too many technical indicators;
Nine is to avoid the technical indicators being too broad, resulting in too many manufacturers meeting the demand, so that the final product can not meet the use needs of the purchaser.
Avoid unrealistic service standards.
When writing service requirements, Zhang Zhihui pointed out that procurement personnel should pay attention to four "avoidance": First, avoid raising the service standard requirements usually implemented by the industry; The second is to avoid unrealistic response speed; Third, avoid asking high-level personnel to do low-tech service work; The fourth is to avoid putting forward requirements beyond the training standards mastered by your own business.
The scoring rules are clear, definite and quantifiable.
Zhang Zhihui thinks: "In procurement documents, the quality of scoring rules is related to whether the best supplier can be selected in the end. In order to ensure that experts can fairly score the bidders' bidding documents in a short time, the scoring rules must be clear, definite, judgmental and quantifiable. " In addition, he stressed that corporate performance is not allowed as a scoring factor. According to Article 20 of the Regulations for the Implementation of the Government Procurement Law, the performance and awards of a specific administrative region or a specific industry shall not be used as a condition for extra points or for winning the bid or closing the transaction.
In the service part of scoring rules, attention should be paid to avoid inconsistency with the requirements in technical requirements documents; The scoring requirements are not clear, and there are scoring items similar to "understanding or grasping the buyer's needs" and "relevant qualifications and corresponding technical titles"; The "better than" standard mentioned in the training standard is not allowed in the scoring rules.
In the technical part of scoring rules, attention should be paid to avoid inconsistency with technical requirements documents; Avoid explicit index requirements in technical requirements, add, delete or modify index items in scoring, give different scores, and make the collected technical requirements documents become a mere formality.
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