First, read the tender documents.
Speaking of reading the bidding documents, many people who have written the bidding documents for a long time in the company must have a 45-degree rise in their mouths and smiled contemptuously: "Cut! Can I see the tender? ! "From my years of experience, many people who have extremely rich bidding experience in the company can't understand the tender.
Do not believe, test it.
explain
XX project bidding announcement bidding
The announcement is as follows:
Second, the bidder qualification
1, in line with the provisions of Article 22 of the Government Procurement Law;
2. The proposed project manager must have a first-class registered construction engineer (mechanical and electrical engineering) certificate, and the project manager's practice registration unit must be consistent with the bidder, and must be the on-the-job personnel of the bidder;
3, this project does not accept the consortium bid.
Excuse me, what is "in line with the provisions of Article 22 of the Government Procurement Law"? What are the rules?
Isn't that a little stupid? Yes, for an old bird, I haven't thought about it. Anyway, that's what the bidding documents have always said. A friend asked me that I had done some research on this matter.
Article 22 of the Government Procurement Law specifically stipulates as follows: Article 22 To participate in government procurement activities, a supplier shall meet the following conditions:
(1) Having the ability to bear civil liability independently;
(2) Having a good business reputation and a sound financial accounting system;
(3) Having the necessary equipment and professional technical ability to perform the contract;
(4) Having a good record of paying taxes and social security funds according to law;
(five) in the three years before participating in government procurement activities, there is no major illegal record in business activities;
(6) Other conditions stipulated by laws and administrative regulations.
The purchaser may specify the specific conditions of the supplier according to the special requirements of the procurement project, but shall not discriminate or exclude the supplier with unreasonable conditions.
Oh, my god. There are 6 out of 22! There is another explanation!
Each item can be used as a condition for nullifying the bid. Is there a feeling that an old bird instantly becomes a weak chicken? ! It is estimated that there are more than 80% people who think that the tender documents did not pay attention to this general clause, haha, you are not negotiable.
Let's talk about the second one first: "2. The proposed project manager must have a first-class registered constructor (mechanical and electrical engineering) certificate, and the project manager's practice registration unit must be the same as that of the bidder, and must be an on-the-job employee of the bidder; " The builder's certificate requires a registration certificate, not a certificate issued by the examination, and the major is mechanical and electrical engineering.
After knowing what is "and must be the bidder's on-the-job personnel", that is, the project manager and the bidder have a labor contract (proof in the unit) and a pension insurance certificate (proof of employment). Strictly speaking, neither can be less. Hehe, are you afraid?
Article 3: "3. This project does not accept consortium bidding. " The tender documents require you not to join the consortium, do not bid jointly, and promise this enterprise to bid independently (to prove that my mother is my mother).
These are just the tip of the iceberg in the bidding. Don't fall down before you enter the battlefield. It's not negotiable.
Second, I think I know a lot, but I don't know the series.
Looking at the tender documents seems to be the simplest thing, but now it is very difficult. Even old birds are careful.
Why? Let me share the dry goods with you. If you understand all the bidding documents, it means that writing the bidding documents is relatively low, and you know what he is doing (save 500 words here).
When I was doing internal training, I said that the more I don't understand, the more I have to ponder. Often this is the essence of the tender documents, and you have to ponder over the profound meaning. You taste, you taste, when you understand the deep meaning, you will smile and write beautifully, beautifully!
If you understand all the bidding documents, others will play a fart! How to study the bidding documents? Anyone who knows the bidding documents can trust me privately.
explain
A bidder with one of the following bad credit records shall not be determined as the winning bidder:
1) The bidder is listed as the person who has broken his promise by the people's court;
2) The bidder or its legal representative or the proposed project manager (person in charge) is listed in the bribery crime file by the people's procuratorate;
3) The bidder is listed in the business exception list by the administrative department for industry and commerce;
4) The bidder is listed in the list of major illegal cases by the tax authorities;
5) The bidder was blacklisted by the human resources department of * * city for failing to pay the wages of migrant workers.
All the previous troubles have flown away. In Article 2, it is necessary to issue to the procuratorate that "the bidder or its legal representative or the project manager (person in charge) to be appointed is listed in the bribery crime file by the people's procuratorate;" Among them, the number of bidders or their legal representatives or proposed project managers on the certification materials shall not be less than three, and one less bid shall be invalidated. I have seen the name of the project manager abolished by the procuratorate with less supporting materials.
(Generally, the manager accidentally opened the project manager or other people, and sometimes brought the name of the authorized representative, which is cheating! On the day of bidding, it was found that the authorized representative could not leave at all on the certification materials. Some people say that the company and the legal representative are fine, and the project manager is definitely fine. This explanation does not exist, and the bid has been cancelled!
Article 5: "If a bidder is blacklisted by the * * Department of Human Resources and Social Security, it needs to issue a certificate to the designated government agency, and some foreign enterprises don't know where to start, otherwise it will be too late.
Scrap, and finally found that these formal evaluation is not really to evaluate indicators, often excluding some powerful enterprises.
Therefore, in most places, it has become a commitment clause, which can be filled in and stamped according to the format, but there are still many abnormal format evaluation indicators similar to the above in many places, which is easy to cause waste.
Third, the understanding of relevant general terms and conditions.
"Understanding of relevant general terms and conditions"
Today, I randomly opened a tender document, extracted some general terms from it, and analyzed why the tender document should be written like this, how to write the tender document and how to avoid risks.
one
15.3 Except for special terms, the bidding documents and correspondence between the bidder and the tenderee related to bidding shall be in Chinese. The supporting documents and printed documents submitted by the bidder can be in another language, but the corresponding contents should be translated into Chinese. If there is any objection to the interpretation of the bidding documents in different languages, the Chinese version shall prevail.
This is also a common clause in the tender documents. Some imported products are often used in bidding, and some threshold conditions (preliminary examination) or technical scoring items will use product inspection reports, certificates and product color pages. Then there is a problem. Often these materials are in English, or Chinese and English are mixed together.
Because the information is provided by the manufacturer, bidders often put the information directly, which may lead to rejection or loss of points. Maybe the information provided by the manufacturer is ok, because it is in English, or Chinese and English are mixed together.
If I say this clause in the tender documents, you may know where you died later. If there is no such clause in the bidding documents, it may also lead to the bidding documents being scrapped or losing points. Why?
Because experts have no responsibility and obligation to help you translate English materials at the bid evaluation site, and not every expert has a good knowledge of English, it is normal to reject bids or lose points in this case.
If you provide English materials, you should first provide English materials, and then ask a professional translation agency to translate English materials into Chinese. In fact, it is easy to understand that your bid evaluation is in Chinese, and the information provided by everyone is generally in Chinese. Providing Chinese information can be regarded as a platform for all bidders to compete fairly.
two
26.5 The Bid Evaluation Committee decides that the responsiveness and conformity of the bid documents are only based on the contents of the bid documents themselves, and does not seek other external evidence.
This clause is also a general clause, which can be understood as reviewing the bidding documents according to the requirements of bidding.
My industry doesn't rely on experts to know the situation of this company, so no matter how awesome this company is, everyone is equal when writing tenders, and the tenders you provide are all evaluated, so the prepared tenders are very, very important, and there can be no mistakes. This is also the reason why the projects that big companies are sure of will be lost (because of the mistakes in bidding preparation). Everyone is equal in bidding preparation, haha!
In addition, the supplementary information on site cannot be used as the basis for bid evaluation, and only the contents specified in the tender documents can be clarified on site, so the supplementary information on site is useless and will not be recognized.
three
If the previous tender fails, the tendering agency will refund the bidder's bid bond. Before re-tendering, the bidder shall pay the bid bond again to the bid bond account announced in this announcement.
Bidders who have participated in bidding for the first time before do not need to re-deposit. Why do they need it now? This is the result of technological change. At present, the bidder's participation in the bidding list is confidential, that is, no one knows, but after the tender documents are decrypted, the list of bidders who have paid the deposit is known to everyone.
In order to prevent the second bidding list from being leaked, the deposit is now transferred to the virtual account (no one can know who transferred the money to this virtual account through technical means). The first and second virtual accounts are different, and each bid opening is different for virtual accounts.
If the virtual account is not changed, the bidders who participated in the bidding for the first time will be exposed, so the deposit will be returned to the enterprise after the first bid fails, and the second bid is equivalent to re-bidding, effectively protecting the list of bidders for the first time. The technology is a bit complicated, so forget it if you don't understand it. Remember to re-bid the project after bidding failure, and be sure to re-enter the deposit into a new virtual account (remember! ! ! )。
Today, I will discuss with you some general terms of the tender documents. Generally speaking, after reading them, I don't feel very direct. If you understand the meaning behind writing these terms, you will gradually become a big coffee figure in the industry. what do you think?
Fourth, time-related "stories"
Then I'll tell you about the bidding documents. In fact, I think you have read some established things in the bidding documents, but you have not thought deeply. Think about it, it's quite interesting. Today, I'm going to talk to you about the "construction period and bid validity period" in the schedule before the instructions to bidders.
example
1 1
Validity of bidding
120 days
12
Supply and installation location (construction)
leave out
13
Completion deadline
Complete the supply, installation and commissioning within 15 calendar days after signing the contract.
The bidding period is days, the completion period is 15 calendar days, and some bidding documents are working days. What the hell is "day, calendar day, working day"? This is the content of a tender document, which is inconsistent. what do you think? So make clear the difference.
Calendar days are the dates on the calendar, and every day counts as one day, which means that a week counts as seven days. And the corresponding working day, that is, when calculating, a week is calculated as 5 days. Working days generally refer to the time excluding legal holidays, and calendar days are natural days that are not removed. In general, the contract signing period is calculated in calendar days.
Therefore, if it is counted as 7 days a week: calendar days = days = 7; Working days =5.
I say this to let you know the different ways of writing Zhongtian in the bidding documents, and the meaning is completely different.
This explains why the tender (announcement) documents are distributed on Thursday and Friday, and are calculated according to the number of calendar days. Large companies don't go to work on Saturday and Sunday, and no one cares about the project. Well, come to the company for research on Monday, and go through the process for two days until the company agrees to register. Ohmygod, the registration deadline (5 calendar days for registration), hey! I know too much.
Bid validity: 120 days. As a small expert in bidding, please answer what is the validity period of bidding and what is its function? Instantly forced! ! !
The bid validity refers to the period that the bid documents submitted by bidders are required to remain valid for a certain period of time in order to ensure that the tenderee has enough time to complete the bid evaluation, bid selection and contract signing after the bid opening.
According to the relevant provisions of the contract law, the bidding documents submitted by the bidder as the inviter belong to the invitation. After the bid opening takes effect, the bidder may not withdraw the bid invitation. As the invitee, once the tenderer makes a promise and delivers it to the inviter, the contract is established and the inviter may not refuse it.
Before the deadline of bid validity, the bidder must bear corresponding legal responsibilities for the bid documents submitted by himself.
Generally speaking, how many days does it take for a tender to be valid in the section of instructions to bidders in the tender documents? Assuming 120 days, it means that the bid documents have legal effect within 120 days after the bidder submits them to the tenderer, and the bidder is responsible for the documents. /kloc-After 0/20 days, the document will be invalid, and the bidder will not be responsible for the document. The validity period of bidding behavior refers to the commitments in all bidding documents (invitations), including price and preferential commitments.
Simply put, the validity period starts from the closing date of bid opening and ends on120th. If it is within the validity period, it is responsible for its own bidding documents. After the expiration of the validity period, you may not be responsible for the commitments in the bidding documents. Therefore, signing a contract is generally within the validity period of the tender.
It is not easy to look at simple things and think. Don't take what you often read for granted. So I do internal training and study bidding documents. These requirements are:
All bidders should study the bidding documents at least 2-3 times;
Understand the bidding documents strictly according to the content, and don't presume to understand the bidding documents;
Everyone studies the bidding documents as "back-to-back", and it is not allowed to interfere with each other's discussions and maintain independence;
Finally, everyone started the project kick-off meeting only after they were very familiar with the bidding documents. Everyone speaks freely, puts forward what they don't understand, fully discusses and understands the meaning of the bidding documents.
The purpose of studying the tender documents is:
Want to! Think again! Products! You are very good!
5. Are there different versions of invalid bids?
Be very careful when the following descriptive statements appear in the tender, and you must see the positions before and after these statements clearly. All the items covered by these statements are ultimately invalid.
1, the bid is invalid.
2. The bid bond is invalid
3. Bidders collude with each other in bidding.
4, refused to accept the bid (tender documents)
5, as invalid.
6. As a non-responsive bid.
7. Reject its bid.
8, waste standard, etc.
Because it is a waste item, the above contents are the most important part of the tender documents, and the most feared thing is that the tender preparers will understand the tender documents according to their own inertial thinking.
Tell a case (if there are similarities, it is purely coincidental! ), a company with rich bidding experience, just didn't carefully review the bidding documents. In order to make the tender beautiful, it printed the tender in color with A3 coated paper, and the tender was amazing!
But ... waste! What happened?
At the bid opening site, a company stated that "the tender should be bound into A4" according to the corresponding clauses in the tender documents, which was put forward in the tender documents and tender preparation requirements. As a result, after about two or three pages, the requirement that "the bidding documents are not bound according to the specifications is considered invalid" appeared.
Bidding documents can only be bound with A4, and the company uses A3. Excuse me! The bid is cancelled at the bid opening site!
I mean to pay attention to the sentence "the bidding documents are not considered invalid according to the requirements of specifications and constraints", which covers all parts of bidding preparation.
Because the printed drawing of the tender document A3 is twice as large as that of A4, it is more beautiful to see clearly, and the bid is rejected. Later, it was found that the bidding company was the biggest competitor of the winning bidder. You said the winning company was cool!
Due to the empiricism of the tender producers, they are not sensitive to the terms of invalid tenders and have no high vigilance. In the end, the company's bidding documents went out of the evaluation room without promotion, and the company's great efforts in sales, technology and business were wasted. Pathetic!
Explanation of cancellation clause in intransitive verb bidding documents
I often read some online novels. Generally, the protagonist of aura will get some super regenerative abilities, abnormal undead armor or life-prolonging gems before being developed or getting super attack tactics, which is more convenient for the protagonist to die heartily and then calmly embark on the peak of the bully. Similarly, if you want to win the bid first, you must first ensure that you will not be disqualified. Today, I intercepted some clauses about the invalid bid from the bidding documents, and explained them to you to see what they mean.
The original text and explanation of the tender documents are as follows:
In any of the following circumstances, the bid evaluation committee shall reject its bid:
Interpretation: "Rejecting its bid" is a waste bid.
25.3. 1 The bidding documents are not stamped by the tendering unit and signed by the person in charge of the unit;
Interpretation: This is a formal review of the bidding documents, which shows that the authorized source of the bidding documents is legal and the format of the bidding documents meets the requirements.
25.3.2 The bidding consortium failed to submit the * * * bidding agreement;
Interpretation: Bidders who are allowed to bid by consortium must have a "consortium agreement" if they bid by consortium. Otherwise, if two companies participate in the bidding, the bidding documents will be invalid.
25.3.3 The bidder does not meet the qualifications stipulated by the state or the tender documents;
Interpretation: The bidding documents cannot be greater than the national laws, and must meet the requirements stipulated in the legal documents and bidding documents.
25.3.4 The same bidder submits two or more different bid documents or bid quotations, unless the tender documents require alternative bidding;
Interpretation: This sentence can be understood literally, but why is there such a clause? The main purpose is to provide a level playing field. Your quotation is different. If there is little competition, it means high bid, while if there is fierce competition, it means low bid, which is unfair to other bidders, so it is not allowed. The preferential quotation in the tender must be reflected in the quotation sheet, and a one-time discount of the total price is not allowed.
25.3.5 The bid quotation is lower than the cost or higher than the highest bid price limit stipulated in the tender documents;
Interpretation: The quotation below the cost, as long as it is not 0 or obviously low, will be rejected. If the bid price is higher than the bid price limit published in the tender documents, the bid will be rejected.
25.3.6 The bid documents did not respond to the substantive requirements and conditions of the tender documents;
Interpretation: This is a relatively broad requirement. First, it may be the requirements of the threshold, second, the substantive requirements of technology, and third, the requirements of business. This requires you to be very careful. It may be the requirement of "hiding" in a place that is not easy to be found in the bidding documents.
25.3.7 The bidder commits collusion, fraud, bribery and other illegal acts.
Explanation: General legal provisions. In particular, there are some technical means to detect electronic bidding.
25.4 During the bid evaluation, the bid evaluation committee will review whether the bid documents meet the evaluation index requirements of the tender documents.
Explanation: General terms, mainly the evaluation index requirements specified in the tender documents.
25.5 If the bid documents fail to pass the bid validity review, the bid is invalid.
Interpretation: General terms, bid validity evaluation should be fully understood, and bid documents need to pass: pre-qualification, technical evaluation and commercial evaluation. All passed the bid validity evaluation. This is why all the technical bids have been reviewed and the scores of technical bids have been published, but they were eventually rejected in the review stage of commercial bids (commercial bids failed to pass the review).
25.6 The Bid Evaluation Committee decides that the responsiveness and conformity of the bid documents are only based on the contents of the bid documents themselves, and does not seek other external evidence.
Interpretation: The core understanding is that "the responsiveness and conformity of the bidding documents are only based on the contents of the bidding documents themselves, and no other external evidence is sought". That's why when inviting tenders, the authorized representative said that our company had all these, but forgot to put them in. If it is not in the bidding documents, it will be deemed that the company has none. This understanding is very important, very important, very important! (Important things are said three times) Remember! ! !
If you want to be immortal like the protagonist of the halo! These are all life-saving skills that you must master skillfully!
Seven. Interpretation of technical requirements
I participated in a project yesterday and saw such a requirement in the bidding documents. Now let me take it out and discuss it with you:
technical requirement
The type and quantity of goods shall be subject to the bill of quantities, and the technical parameters of goods shall be subject to this table. The following technical requirements are not regarded as preparatory projects, but as the acceptance standard of the tenderee, the products supplied must meet this standard, otherwise the tenderee has the right to terminate the contract and report it to the public resources transaction supervision and management department for handling according to relevant regulations.
Before delivery, the tenderer shall provide the certificate, test report, official website screenshot, original power of attorney and after-sales service commitment required in the following table, otherwise, the tenderer has the right to terminate the contract and report it to the public resources transaction supervision and management department for handling according to relevant regulations.
First of all, this text has been bolded in the tender documents in form, indicating that this text is more important (pay special attention to all bolded or marked with different colors in the tender documents). If you understand this text carefully, you will find it really important. Please listen to my analysis:
(1) "The type and quantity of goods shall be subject to the engineering list, and the technical parameters of goods shall be subject to this table."
The description type and quantity shall be subject to the list, not the quantity in the technical parameter list, which provides a unified quotation basis for all bidders. If the bidder takes the quantity in the technical parameters as the standard, which happens to be inconsistent with the quantity in the list, the result is invalid.
The technical parameters in the goods are only used as the basis of technical response. If the parameter response in the technical response table is based on the parameters in the list, it is very likely that the standard will be scrapped and points will be deducted (the parameters in the list are only some basic parameters).
This sentence is usually written in the tender documents, but do you really understand it? Do you understand the meaning behind this sentence?
(2) "The following technical requirements are not considered as preliminary examination items, but the acceptance criteria and products supplied by the tenderee must meet this standard, otherwise the tenderee has the right to terminate the contract, report to the supervision and administration department of public resources transaction and handle it according to relevant regulations."
This clause is actually to protect the tenderer (Owner Party A). Some companies won the bid through false bidding. How does the owner monitor the product quality provided by the bidder in the later period? This article can not only terminate the contract, but also report to the supervision and administration department of public resources transactions, and deal with the winning bidder according to relevant regulations. If the supervision and administration department of public resources transaction deals with the bidder, which leads to the bidder entering the untrustworthy list, the bidder will be unable to bid for a long time and have other side effects, and the consequences will be very serious.
(3) "Before delivery, the tenderee shall be provided with the certificate, test report, official website screenshot, original power of attorney and after-sales service commitment letter required in the following table, otherwise, the tenderee has the right to terminate the contract and report to the public resources transaction supervision and management department for handling according to relevant regulations."
This sentence is actually a guarantee for the owner to supply, to ensure that the products provided are formal, and it is the channel and after-sales stipulated by the manufacturer.
In fact, it would be better to modify this sentence, that is, to change the word before supply to before contract signing, which is more beneficial to the owner. However, the general trend of bidding is to be more willing to believe that the bidder is more favorable to the tenderer, so "supply first" is generally used now.
It can be seen that the false bid is targeted, and everything will be fine without the bid. Bidders must not make false bids in order to win the bid, and eventually they will be on the list of untrustworthy, so it will not be worth the loss!
Eight. Explain the composition and requirements of the tender documents
I still analyze the "composition and requirements of bidding documents" in a bidding document in the form of screenshots.
Composition and requirements are the requirements for bidders in the tender documents, and they are very important contents, because many clauses in the tender documents are invalid, and I think it is necessary to share them with you. While sharing, I also talk about my understanding of the terms of the tender documents.
15. 1 The tender document is a substantive response and commitment document to the tender document.
This sentence is a general clause, which gives a qualitative description to the tender documents, that is, the tender documents are substantive responses and commitment documents to the tender documents. On the other hand, you can't feel good about yourself when writing bidding documents, especially the most common mistake that technicians make is to go their own way. How do I want to respond and promise? Actually, it's not. It should be the response and promise of the tender documents.
15.3 Except for special terms, the bidding documents and correspondence between the bidding supplier and the purchaser concerning the bidding shall be in Chinese. The supporting documents and printed documents submitted by the bidding supplier can be in another language, but the response content should be translated into Chinese. If you have any objection to the interpretation of the bid price in different versions, the Chinese version shall prevail.
In fact, this sentence has been said in the previous article, so it can be seen that this clause is also a general clause. If it is not in Chinese and there is no accurate translation, there will be great risks.
15.6 The qualification certificate (or qualification certificate) of the bidding supplier is in the period of annual inspection, renewal, upgrade and change. Unless there are laws and regulations or the written materials of the license issuing agency clearly show that the qualification (or qualification) of the bidding supplier is effective, it will not be recognized.
This clause is more critical. General professional companies have qualified maintenance personnel, and the company's qualification is not a big problem. Small companies often do not have specialized qualified maintenance personnel, so the annual inspection, replacement, upgrade and change of company qualifications often have problems. At present, regardless of the size of the company, there should be a special person or part-time staff to maintain qualifications.
There is a thorny problem in this, that is, due to the adjustment of national policies, the qualification may be suspended, the name may be changed, and the qualification may be cancelled. So how do bidders deal with these bidding terms?
First of all, we should put the old qualifications in the bidding documents, and then put the relevant documents and website screenshots of the state authorities in the bidding documents, indicating that the qualification problem is not caused by our own reasons.
For example, the first-class builder's registration certificate expired because the Ministry of Housing and Urban-Rural Development stopped the continuing education of the first-class builder, which led to the fact that the first-class builder's registration certificate of some bidders' project managers was not valid. In case of this problem, the document of "Suspension of Continuing Education for First-Class Architects" issued by the Ministry of Housing and Urban-Rural Development or the screenshot of official website can be put into the bidding document.
15.7 Except for drawings or schemes with special specifications, pictures and materials, the bidding documents shall be made according to A4 specifications. For borrowing and environmental protection, it is recommended that the bidding documents be printed on both sides.
"This sentence is a bit pitted", as I said when I analyzed the difference between "electronic tender" and "paper tender". Paper tender belongs to "Appearance Association", and tender thickness is also an important indicator. Therefore, for paper tenders, I have always suggested that bidders print their tenders on one side and prohibit double-sided printing.
Paper tenders thinner than all bidders are difficult to win the bid. There is no difference between single-sided printing and double-sided printing of electronic labels, and the problem naturally disappears.
I suggest that if it is an electronic tender, the tender should be appropriate and concise to prevent scoring materials with too many pages from being missed by experts and losing points.
Through the above analysis, even the general terms in the tender documents should be highly valued and cautious, especially for technicians who rely on their own experience to write the tender documents, and how to deal with the tender documents is not considered.
How to deal with all kinds of "pits" embedded in the bidding documents is also the only way for you to go to the big coffee.
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