Tender documents are the most important documents in the bidding process. The level and quality of the bidding documents are related to the success or failure of the entire bidding activity. Document review is a very important link in the quality control process of bidding documents. After the bidding documents are compiled, how should the bidding documents be reviewed to ensure the quality of the bidding documents? In addition, what tasks should be done in the review of bidding documents? Here are some initial thoughts.
1. Review for completeness
No matter what article, writing has corresponding requirements, and completeness is the most basic requirement, and the same is true for the preparation of bidding documents. To check whether a bidding document is complete, it is mainly to review whether the entire document framework includes the content stipulated in laws and regulations.
Article 20 of the "Measures for the Administration of Bidding for Government Procurement of Goods and Services" (Order No. 87 of the Ministry of Finance) clearly lists the main contents that the bidding documents should include, such as instructions to bidders, bidders should Submitted qualification and credit certification documents, bidding document preparation requirements, technical specifications, quantity, service standard acceptance and other requirements for the procurement project, contract text to be signed, time, place and method of providing goods and services, payment method and time conditions of procurement funds, bid evaluation Basic content such as methods, bid evaluation standards and invalid bid situations, but the provisions on maximum prices and relevant government procurement policies that need to be implemented are easily overlooked. According to a recent information announcement issued by the Ministry of Finance, many agencies have been punished for failing to specify policies such as product price deductions for small and micro enterprises in procurement documents. In addition, Order No. 87 also puts forward complete and clear requirements for procurement needs. Incomplete or unclear procurement requirements will directly affect the bidder's bidding plan and quotation. When reviewing documents, attention should be paid to whether the relevant requirements are described in sufficient detail according to the procurement target. This is related to whether the bidder can accurately formulate technical plans and business plans; whether the bid evaluation committee can accurately conduct comparison and evaluation work; at the same time It is also an important basis for contract signing and performance acceptance. If the contents of the bidding documents are incomplete, it will affect the above aspects, thereby affecting the quality results of bidding and procurement.
In order to ensure completeness, the tenderer or tendering agency can set up a relevant bidding document template production team to develop different templates according to different procurement methods and procurement content, and update them in a timely manner according to the latest relevant laws and regulations. Improve the template content. This will prevent omissions and improve the efficiency of document preparation and review.
2. Review of compliance
Whether the bidding documents are legal and compliant is closely related to the smooth progress of government procurement projects. Non-compliant documentation can lead to supplier complaints and project delays. If document problems are not discovered in time, the more serious problem will be that the procurement will be re-initiated due to illegality, thus affecting the procurement efficiency. The following aspects are the focus of compliance audits.
1. Time requirements
Government procurement laws and regulations have mandatory provisions on procedure time. Projects with different procurement methods have very different time requirements. Taking the public bidding project as an example, the document supply period shall not be less than 5 working days from the date of the bidding announcement and pre-qualification announcement. Since the implementation of Order No. 87, Article 85 of the Supplementary Provisions stipulates: "These Measures If the period is calculated on a daily basis, the starting day will not be included in the calculation, and the calculation will start from the next day. If the last day of the period is a national legal holiday, the last day of the period will be postponed to the day after the holiday. Including the day of the announcement resulted in insufficient time for the sale.
2. Restrict suppliers
Technical requirements and contract terms should not discriminate against suppliers who are qualified to bid. During the review, we often encounter some substantive clauses that require suppliers to register branches in the local area of ??the project even though they have not won the bid. This restricts suppliers from entering the government procurement market in the region and industry. At the same time, you are not allowed to specify the brand of the goods. You must also pay attention to avoid using one parameter or the integration of multiple optimal parameters as the technical standard for the procurement project. Pay attention to avoid specifying the brand or implicitly specifying the brand. For example, it is often encountered that some goods are The product introduction words are directly attached to the document as technical requirements.
The above contents are all triggers for suppliers to question and complain. When reviewing government procurement bidding documents, you must pay attention to understanding and grasping the relevant provisions of laws, regulations and normative documents to avoid violating content or clauses in technical requirements and contract terms. .
3. Substantive clauses
Statutory invalid bidding clauses mainly refer to the invalid bidding clauses stipulated in the "People's Republic of China Government Procurement Law" and other laws, and the bidding documents The invalid bidding clause stipulated in the contract is different from the former. The latter refers to the supplier's qualifications, corresponding payment methods and conditions, such as delivery location, delivery date, warranty period, and other requirements such as allowable deviations and deviation ranges of technical parameters. During the review, invalid bidding clauses should be reflected in the bidding documents, and care should be taken not to violate laws and regulations, and not to constitute discriminatory clauses to exclude potential suppliers, otherwise they are likely to be questioned. For example, the supplier must provide the manufacturer's authorization letter and after-sales service commitment letter; another example is the requirement that the supplier must have the patent of a certain brand. When indicating substantive requirements and conditions, the content expressed by special symbols also needs to be marked in the document. If you find that two or more different symbols appear in the document during the review, you should pay more attention to whether the representative content is clearly explained in the document. Be careful not to use symbols randomly in the document without explaining anything, as this can easily cause misunderstandings by suppliers.
4. Bid evaluation methods and standards
The bid evaluation terms are the key to measuring whether the bidding is fair. The bid evaluation methods for government procurement can adopt the comprehensive scoring method and the lowest bid price method. The review must also strictly comply with the relevant national laws, regulations, rules and normative documents, and comply with the basic characteristics of bidding. Check and determine whether the evaluation factors are comprehensive and reasonable. For example, "hospital performance" and "school performance" often appear in the review factors and whether performance bonus points that are restricted to special industries need to be modified. At the same time, the scores assigned to each component factor must also meet the requirements. Public, invitational, and consultation bidding projects have different score limits for goods and services. Reviewers also need to note that the business and technical part of the scoring method must be in line with the characteristics of the project and quantify the business conditions and procurement demand indicators with specified ranges into corresponding ranges. The scoring must be based on the subject matter being purchased, and some evaluation factors that cannot match the purchasing needs cannot be set. In short, the bid evaluation methods and standards must be legal and reasonable, but also effectively prevent them from being tailored for bidders.
5. Qualification requirements
Many projects set the relevant qualifications of bidders in the qualification requirements, which requires special attention during the review. The reviewer must first determine whether the qualification content is suitable for the project requirements. If it is not suitable, it should not be used as qualification requirements. If appropriate, the auditor will also determine whether the qualification is one that has been canceled by the relevant national departments. If the qualification has been canceled, it should not be used as a qualification requirement. If the qualification requirement is changed to one issued by an industry association, it can be considered based on the circumstances of the bidding project. Whether to set it as a rating item.
If the qualification is still issued by the relevant national department, the reviewer must check it according to the level standard of the required qualification. The project content should correspond to the level of the qualification and has nothing to do with the high technical requirements and difficulty of the project. It is not allowed to raise or lower the qualification level, otherwise it will be a situation of "differential or discriminatory treatment against suppliers on unreasonable conditions" stipulated in Article 20 of the "Implementation Regulations of the Government Procurement Law of the People's Republic of China".
3. Review of rationality
Reasonability needs to be carefully analyzed based on the specific circumstances of the bidding project. When reviewing the bidding documents, you must first consider the necessity of the special clauses from the perspective of the purchaser. Secondly, you must put yourself in the position of the supplier and consider the rationality of the technical content. Only in this way can the success rate of the bidding be improved. Therefore, bidding documents must pay attention to details, and technical specifications and other related requirements cannot be decided hastily. The technical specifications and requirements provided by the purchaser must be reviewed and checked for reasonableness, and the procurement requirements obtained cannot be simply copied and pasted into the document.
For example, some technical information communicated in the early stage may include advertising descriptions or even models of equipment. If it is directly included in the procurement requirements, it will create exclusivity and lead to procurement failure. For another example, some informatization projects require original factory services to be provided during project implementation and operation. Then it should be judged whether original factory services are needed at both stages. If from the actual requirements, they are not needed or there are If it is not required at one stage, then the requirement may lead to exclusivity or cause unnecessary costs. (The content comes from the Internet, if there is any infringement, please contact us to delete it)