Does the bid evaluation committee have the obligation to verify the authenticity of the bid information during the bid evaluation?

Recently, we received a difficult problem from the bidding business manager. He said that at a project site, a leader of the owner unit asked the members of the bid evaluation Committee to verify the authenticity of the bidder's bidding information during the bid evaluation, and then put forward the bid evaluation opinions and conclusions. However, the bid evaluation experts at the scene did not recognize the leader's opinion. They agreed that the members of the bid evaluation committee have no obligation to verify the authenticity of the bid information. The bid evaluation committee is only responsible for formulating bid evaluation standards and methods according to the bidding documents, and objectively evaluating the bidders' bidding documents. Then, in the process of bid evaluation, does the bid evaluation committee have the obligation to verify the authenticity of bid information?

To answer this question, we come to the conclusion that the bid evaluation committee has no obligation to verify the authenticity of the bid information during the bid evaluation. However, the bid evaluation committee has the right to require bidders to make necessary clarifications or explanations on ambiguous contents in the bid documents.

Then let's take a look at how the law stipulates the evaluation obligation of the bid evaluation Committee. The first paragraph of Article 4 10 of the Bidding Law stipulates that the bid evaluation committee shall evaluate and compare the bidding documents according to the evaluation criteria and methods determined in the bidding documents. Accordingly, the bid evaluation committee can only make an objective evaluation by comparing the requirements of the bidding documents with the responses of the bidding documents. At the same time, the bid evaluation committee does not have the responsibility and ability of judicial expertise. For example, bidders forge or fabricate bidding information and materials. Therefore, the Committee has no obligation to verify the authenticity of the bidding information. This is similar to the letter of credit transaction in international trade. If anyone knows more about letter of credit transactions, everyone knows. The issuing bank's review of payment documents is also based on superficial complexity. As long as the documents are consistent with the provisions of this credit, and the documents are consistent with each other, then the issuing bank has the obligation to fulfill the payment obligation of selling the house. The truth is the same.

Therefore, the bid evaluation committee has no obligation of judicial expertise. However, if the tender documents stipulate that the bid evaluation committee reserves the right to verify the bidder's bid documents, then the bid evaluation committee may further verify the bid evaluation information based on reasonable doubt. But this is only a right, not an obligation. Like there's a clue. During the publicity of bid evaluation results, if the reasons and basis put forward by the tenderer are sufficient and reasonable questions are raised, the bid evaluation committee has the right to further verify. In addition, according to the provisions of Article 39 of the Bidding Law, the bid evaluation committee has the right to require bidders to make necessary clarifications or explanations on ambiguous contents in the bidding documents. However, clarification or explanation shall not go beyond the scope of the tender documents or change the substantive contents of the tender documents.

After the bid evaluation, if other bidders raise objections to the authenticity of the bid information of the successful candidate according to law, and the channels for raising objections are reasonable and legal, and the acquisition of evidence is also legal, the tenderer may organize the original bid evaluation committee to further verify. If the bidder is not satisfied with the reply and further complains, the administrative supervision department will accept it again. After the complaint, you can conduct another investigation.

For more information about project/service/procurement bidding, and to improve the winning rate, please click on the bottom of official website Customer Service for free consultation:/#/? source=bdzd