One, payment time has a "trick"
"In fact, 'delay' payment time is equivalent to the bidders set up an invisible 'threshold! ', and this 'threshold' has become precisely the ticket for some designated suppliers. In other words, when the majority of suppliers have to give up bidding because they cannot afford the burden of upfront capital costs, the designated suppliers will be able to 'walk the talk'. Bidders may be lenient with designated suppliers in terms of the date and manner of payment of funds, and those bidders who are restricted from bidding have no way of knowing." A bidding company executive said.
Solution
The government procurement of goods and services bidding management measures (Ministry of Finance Decree No. 87, hereinafter referred to as "Decree No. 87"), Article 20 of the relevant provisions, that is, the bidding documents should include the procurement of funds to pay the way, time, conditions. In order to protect the fairness and impartiality of the bidding market, the purchaser or agent can prepare the tender documents set out in detail the payment time, mode and other specific terms, and payment time and mode should be in line with common sense.
Two, testing or inspection reports lack of authority
According to Decree No. 87, Article 22, the purchaser, the purchasing agent requires bidders to provide samples, bidders should be clearly stipulated in the bidding documents to produce samples of the standards and requirements, whether or not you need to submit samples of the relevant test reports, samples of the evaluation method and evaluation criteria. Where a test report needs to be submitted with the sample, the requirements of the testing organization and the content of the test shall also be stipulated. "In general, the testing or inspection by a third party to operate, and testing or inspection agency whether the authoritative qualifications, the certificate issued by the industry can represent the views of these requirements are generally not in the bidding documents to make specific requirements, which will make some intermediary organizations without the authority and technical ability to casually issued to a supplier a test certification or report, and that the supplier then took the test certification or report to participate in the tender." said the head of a company engaged in the production of biological laboratory equipment in Guangdong Province.
Solution
It is recommended that purchasers and agents in the bidding documents to specify the content of the test, testing organizations, otherwise even with test reports and certifications, it is worthless material, and even mislead the judgment of the evaluation of experts, but should not be a specific test content or testing organization as a factor in the evaluation, as a way to limit or exclude the ability to provide to meet the procurement requirements of the other testing or inspection Report products of potential suppliers.
Three, the evaluation of subjective expert score is not quantified
Industry insiders have revealed that some bidding documents often ignore the subjective evaluation of the evaluation of the expert refinement and quantification of the factors, the evaluation of the expert's discretion is greater, and ultimately the evaluation of the expert can not make a fair and impartial rating. What are the subjective factors of the evaluation experts? Roughly, it includes the understanding and planning of the project, the conceptual design of the project, the implementation of the project, the construction of the project can not be confirmed by the specific objective basis of the content. Usually, the tender documents on the subjective evaluation of the evaluation of the expert evaluation factors simply state the overall requirements, but not on a content of the refinement and the corresponding score, generally by the evaluation of the expert to determine their own excellent, good, general grade.
Solution
The bidding document is the first gate to guarantee the fairness of the bid evaluation process. In order to avoid the risk of excessive discretionary power of the evaluation experts, the unit preparing the tender documents can refine and quantify the subjective evaluation factors of the evaluation experts in the preparation of the tender documents, set out the specific evaluation criteria for different levels, and set up different scores corresponding to the various intervals, in order to ensure that the evaluation process is fair and objective.
Four, the same conditions of the repeated use of terms
Bid-rigging, bid-rigging is a repeated "stubborn", the industry has summarized a variety of ways to help bidders to develop a "discerning eye" skills, and some hidden unfairness! Provisions are not clear at a glance, for example, some of the bidding documents to qualification review of the provisions of the provisions of the evaluation process, and such "traps" are easy to be ignored.
Solution
"If a review of the provisions of the evaluation factors used as a plus conditions, there will be serious suspicion of bid-rigging." An expert so pointed out, "the government procurement of goods and services bidding methods" (Ministry of Finance Decree No. 87, hereinafter referred to as "Decree 87") Article 55 of this has been clearly stipulated, that is, the qualification conditions shall not be used as a factor in the evaluation. The evaluation factors shall be stipulated in the bidding documents. This provision is to prevent the multiple use of a provision to protect the fairness of the evaluation. Some bidding documents have 'traps' for this, and bidders are less likely to pay attention."
Fifth, ambiguous treatment of the number of permissible deviations
Open tendering is different from other procurement methods, other procurement methods can choose in the case of a substantive terms are not met, the substantive content of multiple rounds of negotiation, negotiation, and open tendering is a one-time set out the terms and conditions of the money. A central province, an agency responsible for this said, open tendering in the special requirements of the project, in the bidding documents to specify the compliance provisions and general terms, general terms can be understood as in addition to the review of the provisions of the provisions of the provisions of, for example, parameters, technology, materials and other relatively trivial requirements.
Often, the bidding documents will set the number of permissible deviations, and the content and number of permissible deviations have a great impact on the bidders. How to understand this issue? The person in charge of further explanation, if the bidding documents in the number of permissible deviations from the 10, that is, in the terms of up to 10 does not meet the requirements of the bidding project, will be determined as the bid is invalid; and if the number of permissible deviations from the number of 5, indicating that the terms of up to 5 does not meet the requirements of the bidding project, will be determined as the bid is invalid. From this point of view, due to the number of permissible deviations, the screening criteria for bidders are different.
General terms and conditions mainly include parameters, models, materials, technology, specifications and other such trivial, minutiae, in general, the majority of bidders in the bidding will be in accordance with the normal standards to bid, if the bidder in these terms and conditions of the slightest change, the majority of the suppliers will not be able to verify the parameters of a large amount of data, therefore, in the event of not understanding the real needs of the purchaser, the majority of the bidders will be eliminated by the purchaser. If the purchaser informs a supplier about its changed parameters, that supplier will be among the few eligible bidders.
Solution
The number of permissible deviations and the content of the settings is another invisible "trap" in the bidding documents, the purchaser or the agency in the bidding documents need to specify the number of permissible deviations. Order No. 87 can also be found in the relevant basis, Article 20 provides that, for the substantive requirements and conditions do not allow deviation, the purchaser or the procurement agency shall specify in the solicitation documents, and marked in a conspicuous manner. In addition, the bidders in the bidding documents must be read carefully when reading the general terms and conditions of the tender to avoid falling into the "trap".
Seven, non-manufacturer documents, "fog"
The bidder must be the manufacturer of the procurement project? The answer is no. "Some bidders do not have the manufacturing right and ability to produce the procurement item, but its participation in the bidding as an agent of the manufacturer. This situation is a certain risk. Some time ago, our office received a similar complaint. bidder A did not have the authorization of company B (manufacturer), but participated in the bidding in the name of having the authorization of company B, and won the bid. When Company B found out, it revealed the fact that Bidder A did not have an authorization." A central municipal finance department related to the person in charge of the reporter told, "Later, after discussing the reasons for this case was learned that it is due to the bidding process lack of non-manufacturer proof of the strict gatekeeper."
Solution
Decree No. 87 on the "manufacturer's authorization" in Article 17 of the relevant provisions, that is, the purchaser, the procurement agency shall not be in addition to imported goods other than the manufacturer's authorization, commitment, certification, endorsement, etc. as a qualification requirement for the implementation of the bidder to differentiate between the differentiated or discriminatory treatment. Treatment. The person in charge then explained that this provision of Decree No. 87 to avoid authorization as a condition of eligibility to affect the market open and fair, not at the cost of good faith to get the manufacturer's authorization of misrepresentation.
So, the bidding documents can require bidders to provide factory authorization, factory authorization can be used as a plus point? Some experts said that the purchaser should not be in the tender documents to make such a request, also does not support as a plus point, if the bidders to put forward the manufacturer's authorization or as a plus point, in essence, it is equivalent to the manufacturers to manipulate the bidding. For example, the manufacturer will authorize a bidder, then the bidder's chances of winning the bid will increase, which is not fair to other bidders.
Eight, acceptance of the link standard is difficult to find
Acceptance is the final gatekeeper of the procurement project, acceptance of the lack of rigorous standards and accountability, the purchaser or agent will also fall into the "trap". For example, the model and parameters of a procurement project, and does not meet the requirements of the procurement project, but due to the lack of detailed provisions in the bidding documents acceptance of the specific content, acceptance of personnel and acceptance of the content of the match and other specific operational requirements, some suppliers will also take advantage of these loopholes.
China's relevant laws on the acceptance of the link for a more stringent and comprehensive provisions, such as, "the Chinese people's *** and the State Government Procurement Law Enforcement Regulations," Article 45 provides that the purchaser or procurement agency shall, in accordance with the technical, service, safety standards specified in the government procurement contract organization of the acceptance of the supplier's performance, and the acceptance of the letter issued. The acceptance letter shall include the performance of each technical, service and safety standard. Again, article 41 of the Government Procurement Law of the People's Republic of China*** and the State of China provides that the procurer or the procurement agency entrusted by the procurer shall organize the acceptance of the supplier's performance. For large or complex government procurement projects, a state-recognized quality testing agency shall be invited to participate in the acceptance. Members of the acceptance party shall sign the acceptance letter and bear the corresponding legal responsibility. Again, Article 74 of Decree 87 provides that the procurer shall carry out acceptance of the procurement project in a timely manner. The procurer may invite other bidders or third-party organizations participating in the project to participate in the acceptance inspection. The opinions of the bidders or third-party organizations participating in the acceptance are filed together as references in the acceptance letter.
Interviewed by the relevant people learned that, in practice, due to the purchaser of the model and parameters of the match is not a very good understanding of the situation, some suppliers intentionally put the correct parameters, the wrong type of mix and match the delivery, coupled with, the purchaser or the agency of some projects and the lack of parameters, technology and other professional inspection capabilities, so the procurement of products is easy to muddle through. Even if some special procurement projects are required to participate in the acceptance of a third party, but most of the procurement of the project or by the purchaser is mainly responsible for the acceptance of the lack of parameters, models, technology and professional gatekeeper, and finally led to the acceptance of the grass-roots approach.
Solution
Purchasers or agents should be detailed in the tender documents set out the requirements of the acceptance of personnel, acceptance of the specific terms of acceptance, acceptance of the link in the event of errors in the remedial and accountability and other specifics, which not only can lead to a more scientific and standardized bidding documents, but also to enhance the parties to the procurement of the acceptance of the importance of the link.
In the text of the eight points we can learn in the payment time, testing or inspection reports lack of authority, evaluation of experts subjective score is not quantified, the same terms and conditions repeatedly used, ambiguous handling of data and so on are prone to set, these sets are in the details of the bidding documents, I hope that we will be vigilant.
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