How to prepare bidding documents

Prepare bidding documents in accordance with the law and meet the requirements of the tenderer

The preparation of bidding documents should not only comply with the provisions of the "Tendering and Bidding Law" and the "Regulations on the Implementation of the Tendering and Bidding Law", but also In compliance with other relevant national laws and regulations, various technical standards in the bidding documents should comply with national mandatory standards and meet the requirements of the tenderer. In accordance with Article 23 of the Regulations for the Implementation of the Tendering and Bidding Law, if the contents of the bidding documents prepared by the tenderer violate the mandatory provisions of laws and administrative regulations, violate the principles of openness, fairness, impartiality and good faith, and affect the bidding of potential bidders, they shall be punished in accordance with the law. The tenderer for a project that requires bidding shall re-invite bids after revising the bidding documents.

Reasonably divide the bidding sections (or bidding packages) and determine the construction period (or delivery date)

In accordance with Article 24 of the "Regulations on the Implementation of the Bidding and Bidding Law", the tenderer shall When dividing bids into sections, the relevant provisions of the Tendering and Bidding Law shall be followed, and division of bids shall not be used to restrict or exclude potential bidders. Tenderers for projects that require bidding according to law shall not use the division of bid sections to avoid bidding. Therefore, the tenderer shall reasonably divide the bidding sections (or bid packages), determine the construction period (or delivery date) in accordance with the principles stipulated in the "Regulations on the Implementation of the Tendering and Bidding Law", and state this in the bidding documents. Bid sections shall not be divided for unit projects that are technically closely connected and indivisible.

Clearly stipulate specific and detailed usage and technical requirements

When the tenderer prepares the bidding documents according to the characteristics and needs of the bidding project, it should specify in the bidding document the requirements for each bid of the bidding project. Various usage requirements, technical standards, technical parameters and other requirements for the segment or standard package. According to Article 25 of the "Measures for Tendering and Bidding of Goods in Engineering Construction Projects", various technical specifications stipulated in the bidding documents shall comply with the provisions of national technical regulations. The technical specifications stipulated in the bidding documents shall not require or indicate a specific patented technology, trademark, name, design, origin or supplier, etc., and shall not contain other content that favors or excludes potential bidders. If it is necessary to quote the technical specifications of a certain supplier to accurately or clearly describe the technical specifications of the goods to be tendered, the words "or equivalent to" should be added after the reference.

According to Article 30 of the "Regulations on the Implementation of the Tendering and Bidding Law", for projects that are technically complex or cannot accurately formulate technical specifications, the tenderer may conduct tendering in two stages. In the first stage, the bidder submits technical suggestions along with the quotation in accordance with the requirements of the bidding announcement or bidding invitation. The tenderer determines the technical standards and requirements and prepares the bidding documents based on the technical suggestions submitted by the bidder. In the second stage, the tenderer provides bidding documents to the bidders who submitted technical suggestions in the first stage, and the bidders submit bidding documents including the final technical plan and bid price in accordance with the requirements of the bidding documents.

Indicate the substantive requirements and conditions in a conspicuous manner

In accordance with the provisions of the "Construction Tendering and Bidding Measures for Engineering Construction Projects" and the "Engineering Construction Project Goods Tendering and Bidding Measures", the tenderer shall Substantive requirements and conditions are stipulated in the bidding documents, stating that bids that do not meet any of the substantive requirements and conditions will be rejected and marked in a conspicuous manner. The "Implementation Measures for International Bidding for Mechanical and Electrical Products" stipulates that important commercial and technical terms (parameters) in the bidding documents must be marked with an asterisk (*), and it should be noted that if any of the terms with an asterisk (*) (parameters) are not met, ) will result in invalidation of the bid.

Specify the bid evaluation standards and methods as well as all bid evaluation factors except price

In accordance with the "Construction Tendering and Bidding Methods for Engineering Construction Projects" and the "Engineering Construction Project Goods Tendering and Bidding Methods" 》stipulates that the bidding documents shall clearly stipulate the bid evaluation standards, bid evaluation methods and all bid evaluation factors except price, as well as how to quantify these factors or make evaluations based on them. During the bid evaluation process, the bid evaluation standards, methods and bid winning conditions specified in the bidding documents shall not be changed. The bid evaluation standards and bid evaluation methods must not only be included in the bidding documents as substantive terms, but it must also be emphasized that they must not be changed during the bid evaluation process.

Provisions for the submission of alternative plans and the handling of alternative plans

In accordance with the "Measures for Bidding and Bidding for Engineering Construction Projects" and "Measures for Bidding and Bidding for Goods in Engineering Construction Projects", bidding The bidder may require the bidder to submit alternative bidding plans in addition to the bidding documents that meet the requirements specified in the bidding documents, but an explanation shall be made in the bidding documents and corresponding evaluation and comparison methods shall be proposed. The selected bids will not be considered. Only the bidder who meets the requirements of the bidding documents and has the lowest bid price or the highest overall score and is recommended as the winning candidate can have his or her alternative bids submitted for consideration.

According to the "Implementation Measures for International Tendering and Bidding for Mechanical and Electrical Products", if the bidding documents allow bidders to submit alternative plans, they should clearly stipulate that the bidder can only submit one alternative plan in the bidding document and indicate the subject. The bid price of the alternative plan shall not be higher than that of the main alternative. If more than two alternatives are submitted or the main alternative is not indicated, the bid will be deemed to be a substantial deviation and rejected.

According to the "Measures for the Administration of Tendering and Bidding for Government Procurement of Goods and Services", the bidding and procurement unit may require the bidder to submit an alternative bidding plan that meets the requirements specified in the bidding documents, but it shall be stated in the bidding documents and clearly Corresponding evaluation standards and treatment methods.

Stipulate a reasonable time for the preparation of bidding documents and specify the minimum sales period of the bidding documents

According to Article 24 of the "Tendering and Bidding Law", the tenderer shall determine the time for the bidder to prepare the bidding documents. The reasonable time required shall not be less than 20 days from the date when bidding documents are issued to the deadline for bidders to submit bid documents for projects that require bidding according to law. According to Article 27 of the "Implementation Measures for International Bidding for Mechanical and Electrical Products", the period for large equipment or complete sets of equipment shall not be less than 50 days.

According to Article 16 of the "Regulations on the Implementation of the Bidding and Bidding Law", the sale period of bidding documents shall not be less than 5 days.

Stipulate the time and place where site inspection is required

In accordance with Article 21 of the "Tendering and Bidding Law" and Article 28 of the "Regulations on the Implementation of the Tendering and Bidding Law", the tenderer shall, based on the bidding project Depending on the specific circumstances, potential bidders may be organized to visit the project site; however, individual or partial potential bidders shall not be organized to visit the site, and the time and location of the site visit shall be stated in the bidding documents.

Clear the validity period of the bid

In accordance with Article 25 of the "Regulations on the Implementation of the Bidding and Bidding Law", the tenderer shall specify the validity period of the bid in the bidding documents, and the validity period of the bid shall be from the date of submission of the bidding documents Counting from date.

Clear the amount, validity period, submission and refund of the bid security

If the tenderer requires the submission of a bid security, it shall specify the amount, validity period and submission method of the bid security in the bidding documents. According to Article 26 of the "Regulations on the Implementation of the Bidding and Bidding Law", the bid deposit shall not exceed 2% of the estimated price of the bidding project. The validity period of the bid bond shall be consistent with the validity period of the bid. For domestic bidding units that are required to conduct bidding projects in accordance with the law, the bidding deposit submitted in the form of cash or check shall be transferred from their basic account.

If a two-stage bidding method is adopted, the tenderer shall require the bidder to submit a bid deposit in the second stage.

In accordance with Article 31 of the "Regulations on the Implementation of the Bidding and Bidding Law", the bidding documents should clearly state that if the bidding is terminated due to the reasons of the bidder, the bidder shall promptly return the bid deposit and bank deposit interest for the same period collected. According to Article 57 of the "Regulations on the Implementation of the Bidding and Bidding Law", the bidding documents should specify that the bidder shall return the bidding deposit and bank deposit interest for the same period to the winning bidder and the unsuccessful bidder within 5 days at the latest after the signing of the written contract.

Unreasonable conditions shall not be used to restrict or exclude potential bidders or bidders

In accordance with Article 32 of the "Regulations on the Implementation of the Tendering and Bidding Law", the tenderer shall not prepare tendering documents without any The following are matters that restrict or exclude potential bidders or bidders under unreasonable conditions:

1) Providing different project information to potential bidders or bidders for the same bidding project;

2) The set qualifications, technology, and business conditions are incompatible with the specific characteristics and actual needs of the bidding project or have nothing to do with the performance of the contract;

3) Projects that must be tendered according to law are in specific administrative regions or specific Industry performance and awards are used as bonus points or bid winning conditions;

4) Adopt different qualification review or bid evaluation standards for potential bidders or bidders;

5) It is required by law Projects subject to bidding illegally limit the ownership or organizational form of potential bidders or bidders;

6) Use other unreasonable conditions to restrict or exclude potential bidders or bidders.

Clear the selling price of the bidding documents

According to Article 16 of the "Regulations on the Implementation of the Tendering and Bidding Law", the fees charged by the tenderer for selling pre-qualification documents and bidding documents shall be limited to compensation for printing, The cost of mailing must not be for profit. The tenderer or tendering agency may charge the cost of tendering documents.

If the tenderer terminates the bidding, in accordance with Article 31 of the "Regulations on the Implementation of the Tendering and Bidding Law", the tenderer shall promptly return the fees collected for the pre-qualification documents or bidding documents.

Make full use of and bring into full play the role of standard texts or model texts of bidding documents

Article 15 of the "Regulations on the Implementation of the Bidding and Bidding Law" stipulates that the preparation of bidding documents for projects that require bidding according to law, The standard text formulated by the development and reform department of the State Council in conjunction with relevant administrative supervision departments should be used. In order to standardize the preparation of bidding documents and improve the quality of bidding documents, the relevant ministries and commissions of the State Council organized experts and relevant staff to prepare a series of standard texts or model texts of bidding documents. Therefore, the positive role of the standard text or model text of bidding documents should be fully utilized and brought into play, and bidding documents should be prepared in accordance with regulations and requirements to ensure and improve the quality of bidding documents.