In accordance with the provisions of government procurement laws and regulations, the content of the challenge according to the time categorization, can be divided into the opening of the tender before the challenge and after the opening of the challenge. Questioned before the opening of the main qualification conditions, procurement requirements, scoring rules and other tendencies and exclusivity; evaluation factors are not related to the procurement project; improper procurement methods; registration, deposit payment methods and other non-compliance with laws and regulations. Among them, challenges to the existence of tendentiousness and exclusivity of the procurement project, resulting in suppliers not being able to participate in the procurement project normally, or not being able to participate in the procurement project fairly accounted for the vast majority of the total number of challenges. The majority of the challenges made after the opening of the bids were directed at the alleged false response of the winning bidder, the existence of illegal and illicit behavior at the evaluation site, or the failure of the evaluation committee to follow the prescribed evaluation standards and procedures. Below, the author will combine the application of law and work practice on how to view the challenge, better deal with the issue of personal opinion.
First of all, the challenge should be viewed rationally.
The author found in practice, due to less experience in dealing with the challenge, most of the purchasers and agents of the challenge to the existence of two extreme cognition, either to the supplier's claim is ignored, or is too nervous, that as long as there is a challenge, there may be the shadow of the gray area, the project is bound to be "problematic".
But I think, the emergence of the questioning is not necessarily a bad thing. Questioning the occurrence of both suppliers to legally defend their rights and interests as a means of third-party supervision of the procurement project is also reflected. Purchasers and agents do not have to be jealous, there are mistakes can be corrected. If the procurer or agent through the questioning of the procurement project found that the problem of timely issuance of corrections to the announcement, will not affect the normal conduct of the procurement project, nor will it have an adverse impact on the timely and effective targeted modifications can also be conducive to the improvement of the work. Even if there is a challenge is not established, but also to try to resolve possible conflicts, in the process of handling the challenge to maintain a normal mind, in accordance with the law can be dealt with.
Secondly, a broader acceptance of the challenge.
"Government Procurement Challenges and Complaints" (Ministry of Finance Decree No. 94, hereinafter referred to as "Decree 94"), Article XII proposed: "The supplier shall submit a challenge letter and the necessary supporting materials. Challenge letter should include the following: the supplier's name or name, address, zip code, contact person and contact phone number; challenge the name of the project, number; specific, clear challenges and requests related to the challenge; factual basis; the necessary legal basis; the date of the challenge.
The supplier is a natural person, it should be signed by myself; suppliers of legal persons or other organizations, it should be the legal representative, the principal person in charge, or its authorized representative to sign or seal, and stamped with the official seal." However, I thought, whether the purchaser or agent for the non-compliance with the provisions of Order 94, Article XII of the challenge letter should also receive.
There are two main reasons for this:
First, the purchaser or agent will encounter deliberately difficult to challenge the supplier, its challenge identity does not comply with the provisions of the law, more than the statutory period of time for questioning or failure to provide the relevant supporting materials, etc., if the purchaser or the agent directly on the scene to reject such a challenge supplier's letter of questioning, without leaving any written proof, there will be more legal risks in the future!
Second
Secondly, some of the questioning suppliers questioned because they were dissatisfied with their failure to win the bid. Procurer or agent, although clearly aware of the challenge letter provided by the obvious non-compliance with the regulations, face to face refusal to accept the challenge letter is easy to intensify the conflict. In some cases, some of the questioning suppliers even no longer go to the questioning process, but directly to the regulatory authorities to reflect the situation, write a letter of reporting, online posting to create public opinion, etc., resulting in the original simple things complicated, increase the cost of handling the impact of work efficiency, and even cause serious adverse effects.
So I would like to suggest that even if the challenge letter does not comply with the relevant provisions of the purchaser or agent should also receive and do a good job of registering the relevant materials in writing, to facilitate in case of escalation of the regulatory authorities after the investigation and evidence. At the same time, also try to investigate and deal with the questioned matters, to the questioner to answer and resolve the contradiction of the questioner.
Finally, the challenge to focus on the content of the handling.
Purchasers and agents in the review of the challenge matters to pay attention to a few key points:
One is the procurement documents caused by the suppliers can not normally participate in the project challenge. For example, the qualification conditions and substantive requirements listed in the procurement documents are completely with the suppliers to fulfill the project contract is not necessarily linked. I have encountered a case in practice: the purchaser to purchase a number of medical equipment, but the qualification requirements of the procurement documents in the qualification requirements of the supplier must have municipal construction engineering qualifications. Obviously, the above qualifications are not necessary for the implementation of the procurement project. Procurers and agents in the review of the challenge to focus on the entire procurement documents required procurement needs and evaluation factors, whether the minimum market competition, the existence of a sufficient number of bidders, bidding products can normally participate in the bidding.
The second is the existence of illegal and irregularities in the evaluation of the site triggered by the challenge. The purchaser and the agency shall review the evaluation information and surveillance video of such challenges to determine.
Third, the winning bidder false response to the challenge. Regarding this type of challenge, the procurer and the agency shall communicate with the successful bidder in a timely manner, and shall be determined through the supporting materials listed by both parties. In dealing with the challenge process, since the procurer and the agency do not have administrative investigative powers, resulting in the verification of the challenge can only be based on the bidding documents, bidding documents, information on the evaluation process and materials provided by the challenger. Therefore, in response to the challenger must be patient and meticulous, do a good job of explaining and communicating, and try to list the relevant laws and regulations involved, so that the questioning supplier convinced.
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