Note 1
Understand the specific situation of the project
A comprehensive understanding of the specific situation of government procurement bidding projects is the premise of compiling bidding documents. Only by comprehensively and systematically understanding the bidding project can we accurately write the specific content and technical requirements of the project into the bidding documents, so that the suppliers participating in the bidding can fully understand the bidding project. Generally speaking, to understand the specific situation of the project, we can start from two aspects:
First of all, we should review, demonstrate and analyze the project data. It is necessary to comprehensively analyze the procurement plan submitted by the purchaser from the aspects of capital, technology, production and market, and invite relevant technicians or experts to participate if necessary.
First, it is necessary to analyze the source and implementation of project funds, verify whether the source and use of funds are justified and reasonable, and whether the procurement funds have been put in place.
The second is to analyze the purchasing demand, analyze and demonstrate the technical requirements and delivery date of the purchasing plan with relevant experts, and accurately grasp the purchasing demand of the purchaser and the basic content of the purchasing plan.
The third is to analyze the situation of potential suppliers and accurately grasp the production situation, supply capacity, after-sales service, service capacity and qualification of related enterprises through investigation.
Fourth, it is necessary to conduct market analysis, and analyze the market prices and supply and demand of products, equipment and supporting facilities involved in the bidding project through market research.
Fifth, it is necessary to analyze the procurement risk, and prevent the occurrence of procurement risk through the analysis of factors such as the capital budget, demand, production, market, delivery date and delivery status of the project.
Sixth, the procurement cost should be analyzed. According to the characteristics and technical requirements of the bidding project, the factors in the procurement process should be analyzed and predicted, the procurement cost should be calculated, and the procurement cost consumed in the procurement process should be reasonably controlled.
Secondly, it is necessary to review, analyze and demonstrate the project data and determine the project procurement list. On the basis of knowing the basic situation of the project in detail, we will review, analyze and study the procurement plan together with the purchaser and relevant technical personnel, further improve the procurement plan, and determine the detailed information and procurement list of the bidding project according to the improved procurement plan, so as to make the basic situation of the procurement project clearer.
Note 2
Clear prohibitive legal provisions
Laws and regulations such as "Government Procurement Law" and "Tendering and Bidding Law" have made clear provisions on matters related to government procurement and bidding, some of which are forbidden, and the preparation of government procurement bidding documents shall not violate these provisions.
These provisions mainly include:
First, Article 20 of the Bidding Law stipulates that the bidding documents shall not require or indicate specific producers, suppliers or other contents that tend to or exclude potential bidders; This requires that the contents specified in the tender documents, especially the technical specifications, must meet the requirements of fair competition. All technical specifications or other contents specified in the tender documents shall not require or indicate specific patents, trademarks or trade names, designs or models, specific countries of origin or manufacturers, and shall not favor or exclude specific potential bidders.
Second, Article 5 of the Government Procurement Law stipulates that no unit or individual may obstruct or restrict suppliers' free access to the government procurement market in their own regions and industries by any means; Article 22 stipulates the conditions that suppliers should have to participate in government procurement activities, and at the same time stipulates that purchasers may specify the specific conditions of suppliers according to the special requirements of procurement projects, but they shall not treat or discriminate against suppliers with unreasonable conditions. This principle has been specified in the Regulations for the Implementation of the Government Procurement Law, and shall not be violated when compiling procurement documents.
Third, Article 10 of the Government Procurement Law stipulates that government procurement should purchase domestic goods, projects and services, and at the same time stipulates some exceptions, that is, those who do not have these exceptions may not purchase non-domestic goods, projects and services.
Note 3
Basic elements of sorting out bidding documents
The bidding documents of government procurement are the same as other types of bidding documents in structure, and its basic elements include the introduction of the specific situation of the bidding project and the provisions on the specific requirements for the organization and implementation of bidding activities. Structurally, these two basic elements are generally divided into seven parts, namely, tender announcement (or invitation to bid), instructions to bidders, main contract terms or business requirements, bid document format, bid evaluation principles and methods, bidding supplier qualification documents, and contents and technical requirements of bidding projects.
These seven parts are independent and interrelated:
The tender announcement (or invitation to bid) mainly introduces the brief situation of the project subject to tender, and informs the bidder of the time, address and method of obtaining the tender documents and bidding, as well as the bid opening.
The instructions for bidding mainly explain the components of bidding documents, explain the bidding project in detail, clarify the methods and procedures of bidding documents and bidding documents, the contents and components of bidding documents, inform bidders of the time, place, methods and procedures of bidding and bid opening, stipulate the revision and withdrawal of bidding documents, stipulate the methods and procedures of bid evaluation, the principles and methods of bid selection, and the principles and time of signing contracts.
The main terms or commercial requirements of a contract are to specify the commercial part of the project, including the contents of the contract price, the provisions on the construction period or delivery date and warranty period, the quality and technical requirements of products or equipment, the provisions on service items and service specifications and standards, and the provisions on the liability for breach of contract and its handling methods.
The format of bidding documents mainly specifies the components of bidding documents and their formats.
The bid evaluation method mainly explains and stipulates the procedures, methods, principles and standards of bid evaluation and the specific organization and implementation of the bid evaluation process.
Supplier qualification documents mainly stipulate the documents and format requirements that bidders are required to provide to prove their qualifications and qualifications.
The contents and requirements of the project subject to tender are mainly to explain the project subject to tender in detail.
Note 4
Accurately apply laws and regulations
The main feature of government procurement is the legality of its methods and procedures, and bidding is a procurement activity under legal procedures. Government procurement bidding should not only follow the principles of government procurement, but also follow the relevant provisions of the Bidding Law. At present, the laws and regulations regulating government procurement bidding mainly include the following categories:
First, the relevant laws enacted by the National People's Congress and its Standing Committee mainly include the People's Republic of China (PRC) Government Procurement Law, the People's Republic of China (PRC) Bidding Law, the General Principles of the Civil Law, the Contract Law, the Anti-Unfair Competition Law and other laws related to government procurement and bidding.
Second, the administrative regulations formulated and promulgated by the State Council mainly include the Regulations on the Implementation of the Procurement Law of People's Republic of China (PRC), the Regulations on the Quality Management of Construction Projects, the Regulations on the Administration of Import and Export of Goods and other administrative regulations related to government procurement and bidding.
Third, the Ministry of Finance or the Ministry of Finance and relevant departments jointly formulated and promulgated departmental regulations, mainly including the Interim Measures for the Administration of Bidding for Government Procurement Goods (DecreeNo. 18 of the Ministry of Finance) and other administrative measures related to government procurement.
Fourth, local laws and regulations on bidding are formulated and promulgated by the Standing Committee of the Provincial People's Congress, such as the Measures for the Implementation of the Bidding Law of People's Republic of China (PRC) in Shaanxi Province.
Fifth, local administrative regulations related to government procurement work are formulated and promulgated by provincial people's governments. Sixth, the normative documents related to government procurement issued jointly by the Ministry of Finance or the Ministry of Finance and other ministries and commissions, the normative documents related to government procurement formulated jointly by provincial financial departments or provincial financial departments and other relevant departments, and the normative documents related to government procurement formulated jointly by local people's governments and their financial or financial departments and other relevant departments.
When compiling government procurement bidding documents, we must pay attention to understanding and grasping the relevant provisions of these laws, regulations, rules and normative documents, strictly follow and accurately apply these provisions, and avoid violating the contents or terms in the bidding documents.
Note 5
Master relevant encouraging regulations.
When compiling the bidding documents for government procurement, we should not only abide by the prohibitive provisions of the laws and regulations on bidding and government procurement, but also abide by the encouraging provisions of the laws and regulations on bidding and government procurement.
Article 9 of the Law on Government Procurement stipulates that government procurement should help to achieve the national economic and social development policy objectives, including protecting the environment, supporting underdeveloped areas and ethnic minority areas, and promoting the development of small and medium-sized enterprises. Article 6 of the Regulations on the Implementation of Government Procurement stipulates that the financial department of the State Council shall, in accordance with the national economic and social development policies, formulate government procurement policies in conjunction with relevant departments of the State Council, and achieve the goals of energy conservation, environmental protection, supporting underdeveloped areas and ethnic minority areas and promoting the development of small and medium-sized enterprises by formulating procurement demand standards, reserving procurement shares, selecting the best bidders and giving priority to procurement.
In this regard, the Ministry of Finance, in conjunction with relevant departments, has formulated and promulgated some rules and normative documents, mainly including:
First, the Ministry of Finance's Opinions on Implementing Government Procurement Policies for Promoting Independent Innovation, Measures for the Administration of Government Procurement Contracts for Independent Innovation Products, Measures for the Administration of Government Procurement Budget for Independent Innovation Products and Measures for the Evaluation of Government Procurement for Independent Innovation Products.
The second is the implementation opinions of the Ministry of Finance and the National Development and Reform Commission on government procurement of energy-saving products.
The third is the opinions of the Ministry of Finance and the State Environmental Protection Administration on the implementation of government procurement of environmental labeling products.
When compiling the bidding documents for government procurement, we must pay attention to these provisions and implement them in the bidding documents in combination with the specific conditions of the bidding project, and also pay attention to the implementation of relevant provisions in procurement activities.
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