1. The main body of the bid evaluation: the bid evaluation committee formed by the bidder according to law
"Bidding Law," Article 37: "bid evaluation by the bidder according to law, the bid evaluation committee is responsible for. The bid evaluation committee shall be composed of representatives of the bidder and experts in relevant technical and economic fields, and the number of members shall be five or more, of which experts in technical and economic fields shall not be less than two-thirds of the total number of members."2. Evaluation of bids based on: laws and regulations and bidding documents stipulated in the bid evaluation standards and methods
"Bidding Law Enforcement Regulations," Article 49, "the bid evaluation committee members shall, in accordance with the provisions of the bidding law and the regulations, in accordance with the bidding documents stipulated in the bid evaluation standards and methods, objective and fair evaluation of the bid documents. The members of the bid evaluation committee shall, in accordance with the provisions of the bidding law and these Regulations, objectively and impartially make comments on the bidding documents in accordance with the bid evaluation standards and methods specified in the bidding documents. Standards and methods not stipulated in the bidding documents shall not be used as the basis for evaluating bids."3. Bid evaluation process
(1) bid evaluation preparation. Article 15 of the Interim Provisions on Bid Evaluation Committee and Methods of Bid Evaluation stipulates: "The members of the bid evaluation committee shall prepare the appropriate forms for use in evaluating the bids, study the bidding documents carefully, and at least familiarize themselves with and understand the following: (1) the objectives of the bidding; (2) the scope and nature of the bidding project; (3) the main technical requirements, standards and commercial terms stipulated in the bidding documents; (4) the main technical requirements, standards and commercial terms stipulated in the bidding documents; ((4) the scope of the bidding project; (5) the scope of the bidding project; (6) the scope and nature of the bidding project; and (7) the scope of the bidding project. (iv) the criteria for evaluating tenders, methods of evaluating tenders and relevant factors to be considered in the process of evaluating tenders, as set out in the solicitation documents." (2) Preliminary evaluation. Regulations for the Implementation of the Bidding Law, Article 52 provides: "The bidding documents have unclear content, obvious text or calculation errors, the bid evaluation committee that the need for bidders to make the necessary clarifications, explanations, shall be notified in writing to the bidder. Bidder's clarification, explanation shall be in writing, and shall not exceed the scope of the bidding documents or change the substantive content of the bidding documents." According to the above provisions, clarification of the need to pay attention to the following four issues: First, the clarification of matters must be put forward in writing by the Bid Evaluation Committee; Second, the need for clarification of the three cases: the existence of unclear content of the tender documents, bidding documents of the same kind of inconsistent expression, there are obvious textual and computational errors in the bidding documents; Third, the clarification of the statement shall not exceed the scope of the bidding documents or change the substance of the bidding documents. The scope of the bidding documents or change the substantive content of the bidding documents; Fourth, the bidder should be in accordance with the bid evaluation committee's written request for clarification, clarification and correction in writing; Fifth, the bid evaluation committee can only be in accordance with the legal status of the bidding documents to clarify the request, shall not imply or induce the bidder to make clarification, clarification, shall not accept the initiative of the bidder to clarify, clarification, clarification, clarification. Clarification, explanation. (3) Detailed evaluation. "Bid evaluation committee and evaluation method of the Interim Provisions" Article 29 states: "Bid evaluation methods, including the evaluation of the lowest bid method, comprehensive assessment method or other methods of bid evaluation permitted by laws and regulations." Detailed evaluation of the lowest evaluated bidding price method is to make the necessary adjustments to the price elements of the bidding documents in accordance with the method stipulated in the bidding documents, so as to enable the price elements of all the bidding documents to be compared in accordance with a uniform caliber. Price elements may be adjusted, including bidding scope deviation, bidding missing items (or more) the content of the price increase (or decrease), the time value of money due to deviations in payment terms, delivery (duration) deviation to the bidder's direct gain or loss, foreign currency exchange rate conversion losses, as well as not included in the offer but the evaluation of the bidding should be taken into account in the increase or decrease in taxes, transportation and insurance premiums, as well as other costs.Comprehensive assessment method of detailed evaluation of the price, commercial, technical and other factors in accordance with the standards set out in the bidding documents (points or currency) quantitatively converted into currency, points or proportionality coefficients, and so on, and then make comparisons.
(4) recommend the winning candidate, "Regulations for the Implementation of the Bidding Law," Article 53 provides: "After the completion of the evaluation of the bidding, the bid evaluation committee shall submit to the bidder a written report on the evaluation of the bidding and the list of successful candidates. The winning candidate should be no more than three, and marked with the ranking." Second, the evaluation of the bidding process in the common problems The evaluation of the bidding process is often closely related to the preparation of bidding documents. If these issues in the laws and regulations or bidding documents have the corresponding provisions, it is relatively easy to solve; if there are omissions and errors in the preparation of tender documents, the problem is relatively difficult to solve. Specifically, there are the following types of problems: 1. The first type of problem: the bidder is not qualified to be rejected by the common situationSubject identity: reference to the "standard construction bidding pre-qualification documents" provisions.
Interest: Refer to the provisions of the Standard Construction Bidding Prequalification Document.
Holding management relationship: Reference to the provisions of the Standard Construction Bidding Prequalification Document.
2. The second type of problem: the bidding documents do not specify the maximum price Example: a project tender bidding bidding documents are not set in the maximum bidding price, nor set the maximum bidding price calculation method, if the bidder's offer all exceed the project budget, how to deal with it? If part of the bidder's offer exceeds the budget, how to deal with? Answer Enterprises using their own funds for bidding and procurement, should be applied to the "Bidding and Tendering Law". According to the "Bidding Law" and related legal provisions, the bidding price exceeds the project budget is not a legal reason to reject the bid, therefore, if the bidder's price exceeds the budget of the project, and did not set a maximum price in the bidding documents, reject all the bids have no legal basis. According to the "construction project construction bidding methods" (seven ministries and commissions Order No. 30) Article 64 provides that the contract to determine the construction scale, construction standards, construction content, the contract price should be controlled in the approved preliminary design and budget estimates within the scope of the document. Do need to exceed the scope of the provisions of the contract should be signed before the winning bid, the original project approval department for review and consent. Where the review should be reported and not reported, in the preliminary design and budget estimates adjustments, the original project approval department will not be recognized. The bidder can not normally reject the bid. 3. The third type of problem: the bidding agency's wholly owned subsidiaries, equity participation in the bidding Example: a law must be bidding construction bidding projects, bidding agency's wholly owned subsidiaries and bidding agency's equity participation in the bidding agency are involved in the bidding, the bidding documents in the provisions of this not. As a result, the bidding agency's subsidiaries and bidding agency's participation in the company was rejected by the bid evaluation committee is correct? Solution rejected correctly. Regulations for the Implementation of the Bidding Law, Article 15 provides: "the preparation of the project must be bidding pre-qualification documents and bidding documents, should use the State Council development and reform departments in conjunction with the relevant administrative supervision departments to develop a standard text." Concise construction bidding documents" in the bidder qualification requirements: "the bidder shall not exist in the following circumstances and the bidding project supervisor or construction agent or bidding agency mutual holding or equity participation" 4. Fourth category of questions: the procurement of goods, the restrictions on the bidding of the agent Answer agent bidding is not accepted The circumstances are as follows: (1) the bidding documents do not accept agent bidding; (2) agent qualifications do not meet the requirements of the bidding documents; (3) the manufacturer and its commissioned agents to bid at the same time; (4) the manufacturer commissioned two or more agents to vote for the same brand of the same model of goods. 5. The fifth category of questions: the bidder merger, separation and other changes, the relevant qualifications, performance how to identify? Answer (1) Whether the merger or separation, the qualifications of enterprises need to be recognized by the relevant approval departments, qualifications should be owned by the bidder and in the name of the bidder, merger, separation of the company's name before the qualification should be handled for change. (2) In case of merger, the merged company can inherit the performance of the parties before the merger. (3) The separation of enterprises, after the separation of the bidder's performance needs to be re-assessed. Retrieved from: Construction Economy and Management Sichuan Junhe Law Firm, senior partner, a registered lawyer, a registered auctioneer, arbitrator, engineering cost management division (senior), enterprise legal risk management division (senior), enterprise legal adviser consultant (senior), master's degree in civil and commercial law, member of the thirteenth branch of the China Democratic Construction Association of Sichuan Province, China Democratic Construction Association of Sichuan Province, member of the social and legal society, Southwest University of Finance and Economics. He is a member of the 13th Branch of the Sichuan Provincial Committee of the China Democratic Construction Association, a member of the Sichuan Provincial Social Law Association of the China Democratic Construction Association, a director of the Legal Affairs Center of the President's Association of Southwestern University of Finance and Economics, a member of the China Law Society, a lawyer invited by the Sichuan Provincial Government for consultation on letters and visits and a lawyer of the Chengdu Real Estate Administration Bureau.Main business and expertise: Legal advisor for enterprises, real estate and construction, finance, investment and financing, mergers and acquisitions, corporate law, economic contracts, bankruptcy, auctions, intellectual property rights and other civil and commercial litigation, non-litigation business and criminal defense.
Education: Southwest University of Political Science and Law, Sichuan University, Tsinghua University, Asia City University.
Lawyer Experience: Since 2001, she has been practicing law.
Awarded Honors:
She has been awarded the "Excellent Performance Award" and "Special Contribution Award" by Sichuan Junhe Law Firm for many consecutive years.Lawyer practice main performance:
Legal adviser unit performance (including service and current service) Chengdu Real Estate Management Bureau, the sunshine one hundred real estate (Chengdu) Limited, SM Group of the Philippines under the SM Real Estate Company Limited SMDC (HK) Limited, the Sichuan Jiahe real estate, Chengdu Wenjiang Xingcheng real estate, Chengdu Xuyong Xingcheng real estate, Chengdu, China, China. Xingcheng Real Estate, Chengdu Wenjiang Xingcheng Real Estate, Chengdu Xuyong Xingcheng Real Estate, Sichuan Xingyuan Real Estate, Sichuan Dongfang Residence, Sichuan Chuanda Dongfang Building Intelligent Technology, Sichuan Siwei Construction Labor Service, Chengdu Biaojian Real Estate, Sichuan Shunxing Landscape Architecture, Sichuan Lutong Construction, Chengdu Construction, Chengdu Angshi Industrial Group, Sichuan De Shang Dehui Industrial Group, Sichuan Shangxie Hui Investment Management, Sichuan Debiao Investment, Sichuan Jinshu Investment, Chengdu Xuan Ding Investment Guarantee, Chengdu Sound Wave Investment Management, Chengdu Jinlin Pioneer Equity Fund Management, Chengdu Xuan Lei Investment, Chengdu Xinghua Chemical, Chengdu Permanent, Chengdu Xibianliang Furniture, Chengdu Zidan Furniture, Chengdu Pengchenghong Advertisement, Chengdu Zonghedao Advertisement, Chengdu Chuangyi Trade, Chengdu Yongwang Plastic, Chengdu Sanli Printing, Chengdu Baichuan Paint, Chengdu Hongpai Yongjie, South Korea Seihong Planning Co. Baby Education, Chengdu HaoLi TianCheng, Chengdu TongAnDa Fire Protection, Sichuan JiuWu Ordering, Sichuan RenRen Wine E-commerce, Sichuan Original Wine Technology, Easy Wine Purchase Holding, Chengdu DeZhiCheng Medical Devices, Sichuan XinDing Medical Devices, Sichuan Tongchuang Vision Trade, Sichuan DeShangLian Investment, Sichuan DeHui Investment, Chengdu ZhenKun Trade, Sichuan Wenshuan Online, ZhiChao Science & Technology, YinGu Science & Technology, LeCongcong Science & Technology, ChuanDevelopment GuoHong Investment, Chengdu Longtan Yudu Industry, Sichuan in the blue sea industry, Sichuan Gerse Industry, Sichuan World Xing real estate development, Chengdu Seek Ying Bo enjoy, Samsung Fu Li, Chengdu Yanting Chamber of Commerce, Chengdu Deyang Chamber of Commerce, Sichuan Ren's Clansmen Association / Ren's Chamber of Commerce, Mianyang Ren's Clansmen Association / Ren's Chamber of Commerce and other more than 50 enterprises and public institutions, government departments, social organizations, individuals and legal advisers on a year-round basis. Litigation, non-litigation performance 1, the successful agent Ms. Lin v. Sichuan Shangdong Chaoyang Real Estate Development Co. More than RMB 3 million yuan construction contract disputes case number: chengdu intermediate people's court of sichuan province (2002) into the people's initial word no. 213, in this case, on behalf of the applicant successfully add the buddhist association of pengzhou city as the executor, for the final realization of the implementation of the key to have a typical; 3, successful agent of the korean corporation sehong planning v. Chengdu view jie advertising limited liability company other Service Contract Dispute Case No.: Chengdu Intermediate People's Court of Sichuan Province (2006) Cheng Min Chu Zi No. 35, the defendant shareholders suspected of false capital contribution, in the stage of execution was successfully added to the executor, with exemplary. This case was selected into the Supreme People's Court's judicial case database; 4. Defended the nationally influential "Li Mou suspected of provoking trouble" (when the case occurred, the Jinjiang District Police mobilized more than 60 police officers to control the scene. The facts of this case was published in the May 27, 2006 "Chengdu Business News" page 13, Sichuan TV, Chengdu TV also reported on this), and the public prosecutor's office to communicate with the positive exchange of views, suspected of obstruction of official business and the prosecution and ultimately sentenced to a lenient sentence of 7 months imprisonment Case No.: Chengdu City, Jinjiang District People's Court (2006) Jinjiang Criminal Chu Zi No. 632; 5, success! Ltd. v. Zhongshi Metallurgical Group Co., Ltd. of more than RMB 10 million in construction contract disputes Case No.: (2012) Chenghua Minchu Zi No. 1379; 6. Provided Zhichao Technology (Suining) Co., Ltd. with casework services in a litigation case of construction contract disputes with a litigated amount of more than RMB 90 million in Case No.: (2018) Sichuan Ltd. to provide litigation case agency services for construction project construction contract disputes case number: (2018) Sichuan 01 Minchu Zi No. 612, (2018) Sichuan 01 Minchu Zi No. 2867; 7, participated in the disposal of the first case of illegal absorption of public deposits in Sichuan in 2011 (Meishan Gan Changyun and Sichuan on the east sunrise real estate development limited company illegally absorbing public deposits of hundreds of millions of yuan RMB); 8, the whole process of participation in the formation of a microfinance limited company and to provide legal services; 9, Acting on behalf of Fan Mou litigation amount *** counting 70 million yuan RMB private lending disputes series of cases; 10, for Fan Mou to provide litigation amount of more than 100 million yuan RMB construction project construction contract disputes litigation case agency services case number: Sichuan Higher People's Court (2017) Sichuan Minchu No. 124 11, so far, the successful agent of more than 600 lawsuits, non-litigation legal services. The company has been providing legal services for more than 600 cases of litigation and non-litigation legal services.Team Services:
Formation of Ren Zhengfei lawyer team studio, set up Ren Zhengfei team of lawyers (members of the professional expertise covers corporate law, labor law, intellectual property rights, risk compliance, corporate governance structure, PE, VC, IPO, etc.). Always adhere to the road of specialization, branding, team-based services. We are able to undertake major, difficult and complex legal projects and provide timely, comprehensive, adequate, high-quality and efficient legal services.Professional skills and litigation win rate (including mediation):
Ren Zhengfei lawyer legal professional theory is profound, debate / defense skills professional. To the client's entrusted honesty and credit, diligence and responsibility, good at legal counsel for the development of legal risk prevention mechanism, with a view to risk compliance, "prevention is better than cure". Its professional skills, eloquent, elegant rhetoric, meticulous thinking, pragmatic litigation program, diligent and dedicated attitude, team service approach, is the client by the guarantee of quality services. So far, according to the case file statistics over the years, its litigation success rate (including mediation), maintained at more than 95%.