although to some extent, the phenomenon of invalid bids reflects the seriousness and fairness of the bidding system, in the fierce market competition, the frequent "intrusion" of invalid bids is a pain in the heart of many bidders, and some even think that a large number of invalid bids have become a hidden worry under the fair bidding system.
today, xiaobian of baobiao bidding network will lead you to analyze the common reasons for the cancellation of bids. I hope that if you have any, you will change it and encourage you to win the bid!
reasons for the rejection of bid in the general direction
1. The preparation level of tender documents is not high
The tender documents are an important basis for the bid evaluation committee to guide bidders to bid, but the current preparation level of tender documents is not optimistic. Although in many cases, bidding agencies are bidding agents, many bidding agencies are not very familiar with the bidding projects, and they are often confined to an armchair strategist. They usually blindly apply ready-made bidding documents, but ignore the differences between bidding projects.
In the bidding documents, there are often incongruous, even inconsistent and contradictory terms, which should be clear and unclear, and there is no provision for what should be stipulated. When bidding, bidders have to ponder and guess according to their own experience, resulting in the rejection of the bid.
for example, a tender document stipulates in the instructions for bidding that "the bidder shall quote according to the bill of quantities provided by the tenderer, and the list item without comprehensive unit price will be regarded as that this cost has been included in the cost of other list items or the bidder has provided this work for free", while in the bill of quantities part of the tender document, the tenderer also stipulates that "the bidder shall quote according to the bill of quantities provided by the tenderer, and there shall be no missing items". As a result, some bidders have omitted the report because of carelessness.
2 There are too many and strict clauses on bid cancellation in bidding documents
In order to prevent disputes, some tenderers have stipulated a large number of detailed clauses on bid cancellation in bidding documents, and there are dozens of clauses on bid cancellation in some bidding documents in Ethiopia. The increase of clauses on bid cancellation also makes the phenomenon of bid cancellation appear frequently.
Some provisions in the tender documents are almost harsh, and the tender deviation that should have been handled according to the slight deviation in the tender documents is also stipulated as the clause of bid rejection. For example, some tender documents stipulate that the original and duplicate of the tender documents are also handled as bid rejection, and as a result, a bidder is judged as bid rejection because he negligently forgot to stamp in the tender letter of a copy of the tender documents.
according to the relevant laws and regulations, if the bidding documents do not respond to the substantive requirements in the bidding documents, they should be treated as rejected bids. However, all laws and regulations, including the Bidding Law, do not specify which requirements in the bidding documents belong to substantive requirements. One tenderer even stipulated in the tender document: "All requirements in this tender document are substantive requirements". As a result, there are "high-voltage lines" everywhere in the bidding documents, and bidders are "sacrificed" if they are not careful.
3 The bidding level is uneven
According to China's current system, enterprises bid formally (because only enterprises have corresponding qualifications), but in fact, many of them are bidding by branches and project managers. Because these branches and project managers are independent in business management and economic accounting, bidding information and resources are difficult to be shared by ministries within an enterprise, resulting in uneven bidding level.
Therefore, we often find that some enterprises were judged as invalid bids in this bidding, and in the bidding soon after, the enterprise was judged as invalid bids for almost the same reason, which makes people laugh and cry. The real reason is that the two bids were operated by two completely different teams in the same enterprise.
In addition, the bidding activity itself is a "systematic project", which is quite complicated. Many enterprises are responsible for it by different personnel and departments. For example, in some enterprises, the management department is responsible for communicating with the tenderee and answering questions, the cost department is responsible for preparing the technical part of the bidding documents, and the financial department is responsible for handling the bid bond.
due to the lack of necessary co-ordination, coordination and cohesion, it is difficult for the bidding documents completed by multiple departments to form an organic and unified whole, and the contents can't be consistent, which can easily lead to the rejection of bids. Moreover, the more serious problem is that if there is no necessary reward and punishment incentive system, the work objectives and sense of responsibility of each participating department and personnel are inconsistent, the actions are fragmented, whether the bid is won or not has nothing to do with it, and the bidding documents are prepared hastily and lack of communication, which is more likely to lead to the cancellation of the bid.
4 There are differences in bidding rules in different places
Although the bidding laws and regulations implemented in different places are basically unified, there are still great differences in specific operations. Bidding supervision departments at all levels have issued a large number of "red-headed documents", which have actually stipulated local specific bidding rules and formed a unique local bidding "convention".
if it is stipulated in some local documents that the project manager must bring his ID card to attend the meeting in person when opening bids, otherwise his bid documents will be treated as invalid bids. One foreign enterprise did not know the local "regulations", but only the authorized client attended the bid opening meeting, but the project manager was far away from home, so his bid documents were judged as invalid bids.
5 Abuse of discretion by the Bid Evaluation Committee
According to the Bidding Law, bid evaluation activities are generally conducted in a closed and confidential state, and bidders cannot have the opportunity to communicate directly with the Bid Evaluation Committee, explain and clarify. Due to the uneven quality level and experience ability of the members of the bid evaluation committee, the temporary nature of the bid evaluation committee (the bid evaluation committee will be dissolved after the bid evaluation), the randomness (more than two thirds of the members of the bid evaluation committee need to be randomly selected from the expert database) and the complexity of bid evaluation activities, the bid evaluation process has become the focus of attention of tenderers and bidders, and the core of which is how to effectively prevent the bid evaluation committee from abusing its "discretion". Now, it seems that the biggest discretion of the bid evaluation committee lies in the judgment of the invalid bid.
in the identification of bid deviation. Minor deviation will not affect the validity of the bidding documents, while major deviation will lead to the rejection of the bid. However, there is no clear quantitative standard between minor deviation and major deviation, and in many cases, it needs the discretion of the bid evaluation Committee.
In practice, it is precisely because of the lack of such quantitative standards that it is sometimes difficult for the bid evaluation committee to define major deviations. Therefore, from the perspective of reducing troubles and avoiding bidders' complaints, ambiguous deviations are often treated as major deviations. We have found that some bid evaluation committees have defects of one kind or another, big or small.
in the process of bid evaluation, some bid evaluation committees think that the bidding documents do not meet the substantive requirements of the bidding documents as long as they find that there are some places in the bidding documents that do not meet the requirements of the bidding documents, and judge them as invalid bids; Some bid evaluation committees find that when a bidder's quotation is low, they feel "uncertain" and unsafe, and subjectively have the idea of judging that it is lower than the cost and canceling the bid; In order to achieve some abnormal purposes, some members of the Bid Evaluation Committee deliberately try their best to find problems, find faults, reject bids, etc. It is precisely because of the above reasons that a large number of rejected bids appear.
How do bidders deal with
1. Learn about "red-headed documents" and understand local practices
In recent years, blatant regional blockades are rare, but the potential invisible obstacles caused by "red-headed documents" promulgated by local authorities still exist. Such as: bidding requirements, charging standards for various fees, which fees cannot be discounted, preparation, sealing, marking and submission of bidding documents, etc.
on the one hand, bidders should study these documents carefully, learn about local practices through various channels, or directly consult the local bidding and supervision departments; On the other hand, we should pay attention to the changes and updates of these regulations, which is particularly important for bidders who do not often participate in bidding or come from other places. In addition, we should learn from other bidders' experiences and lessons. Some bidders often talk about other people's mistakes, but they can't guarantee that they won't make the same mistakes.
2 Be familiar with the bidding documents and ask questions
The current bidding documents are generally thick and comprehensive, and bidders must read the bidding documents carefully, and they should not rashly think that the bidding documents are all the same because they often bid.
Since there will be at least 2 days from the time when the tender documents are issued to the deadline for submitting the tender documents, many bidders think that it is too early to leave the tender documents after obtaining them, which is actually impossible.
We can't think that 2 days is a long time. For most engineering projects, 2 days is not easy to complete a complete and qualified bidding document. If the tenderee makes necessary clarifications or amendments to the issued tender documents, it must do so at least 15 days before the deadline for submitting the brown desert soil documents. Moreover, it is generally stipulated in the tender documents that the bidder must raise all questions and questions within 2-3 days after receiving the tender documents, and the tenderee generally does not answer the questions beyond this time limit, otherwise the bid opening time must be postponed.
Therefore, after obtaining the tender documents, bidders must seize the time and organize relevant personnel to carefully study the tender documents. If there are contradictions or ambiguities in the tender documents, and when preparing the bidder's proposal, they should not wait and see or hope that other bidders will raise all the problems, otherwise, it will be very difficult to raise and solve these problems when the bid opening is near. Some tender compilers are at a loss when they encounter problems in the process of compiling tender documents, and it is impossible to get a clear answer when they ask the tenderer, so they have to grasp it by themselves, make their own decisions and follow their feelings, and in the end they will suffer.
3 Establishing a reward and punishment system, multi-person auditing and checking
It is a complicated job to prepare bidding documents, which requires the cooperation of multiple departments and professionals to complete the task. However, the work mode of division of labor and cooperation will also bring great problems, and everyone is responsible, but in fact, everyone is not responsible, which is particularly prone to unclear responsibilities.
therefore, on the basis of division of labor, there must be comprehensive and overall planning. After the preparation of a tender document is completed, someone must unify the draft and review the relevant documents, and the parts that are self-contradictory, inconsistent, repetitive, wrong and arrogant will come at a high speed. For example, the "standards" and "specifications" in the bidding documents, the "materials and equipment purchase fee" and "reserve fund" at the price specified by the tenderer must be guaranteed to be accurate. You can also review the bidding documents from the perspective of the judges' evaluation, and compare them with the bidding documents to see if there are any problems and deviations that do not respond to the requirements of the bidding documents.
in addition, it is necessary to establish a necessary reward and punishment system, sum up the experience and lessons carefully after each bid, not only reward those irresponsible departments and individuals, but also impose financial penalties, reflecting the principle of "clear rewards and punishments".
4 take the clarification and modification of the tender documents seriously
The clarification and modification of the tender documents are the clarification, supplement and modification of the issued tender documents. If there is any inconsistency between them, the clarification and modification of the tender documents shall prevail. Because the clarification and modification of bidding documents are generally in the form of clauses, the content is discontinuous and the context is incoherent, which makes it difficult to read, many bidders do not attach great importance to it. For example, to modify the existing items in the bill of quantities, or to increase the view.
for example, if the existing items in the bill of quantities are modified, or items are added or deleted, the bidder needs to correct the bill of quantities by himself when preparing the bidding documents, otherwise it will easily lead to the cancellation of the bid. A better way is to bind the clarification and modification documents of the tender documents together with the tender documents, and mark the relevant modified curtains one by one in a striking way in the new tender documents to prevent the editors from being negligent and paying attention to one thing and losing another.
In addition, it should be noted that some tender compilers often consult the tenderee by telephone when encountering problems, and compile the tender according to their answers. In fact, this practice is very dangerous, because in the process of bidding, the written reply must prevail, and the oral reply is invalid. Once the bidder cancels the tender due to the oral reply of the tenderee, the tenderee will not be responsible, and the bidder will have to bear it.
5 Pay attention to the bid bond
Besides cash, the bid bond can be a bank guarantee, a confirmed check, a bank draft or a cash check issued by a bank. The bidder must submit the bid bond in accordance with the requirements of the tender documents, and there shall be no defects. However, bidders' financial personnel or banks often make mistakes when filling in checks and drafts, such as missing the name of the payee, not writing the amount, filling in the wrong date of issue, unclear or uneven seal, etc. There are countless cases in which the bid bond is invalid due to these low-level mistakes.
Therefore, the financial personnel of the bidder must carefully study the Law of the People's Republic of China on Negotiable Instruments, and can't take it for granted just because there is no problem in doing so. According to the usual practice, the name and amount of the payee are often not written when the transfer cheque is issued, but it is filled in by the payee. However, in strict accordance with the Negotiable Instruments Law, the cheque without these elements is invalid, and it should be invalid to use such a cheque as a bid bond.
6. Make a good bidding plan
Bidding is a strict activity. To be foolproof, it is necessary to make a good bidding plan and clarify the division of responsibilities of the corresponding departments and personnel. Some foreign bidders don't know much about the local traffic conditions, and often underestimate them. Due to negligence, they arrive at the bid opening site after the deadline for submission of bid documents, and they can only leave with regret. Therefore, the bidder must fully anticipate the possible situation and leave enough time to avoid these low-level mistakes.
7 Pay attention to questions in the process of bid evaluation
In the process of bid evaluation, the bid evaluation committee requires bidders to make necessary clarifications, explanations or corrections for the contents in the bid documents that are ambiguous, inconsistent with similar issues or have obvious errors in words and calculations. It can be said with certainty that, except for the correction of arithmetical calculation errors, all the questions raised by the bid evaluation committee to the bidders belong to the deviations or errors in the bidding documents for brown desert soil, and most of them are related to the big question of whether to scrap the bid, otherwise, the bid evaluation committee will not ask them under normal circumstances.
the authorized representative of the bidder should be cautious when answering, communicate with the bid preparers in time, carefully compare the bidding documents, especially the clauses of the invalid bid, and think about why the bid evaluation committee asked this question, and how to answer it is most beneficial to him, so as not to fall into the trap.
Reasons for bid rejection due to tender errors
1 Commercial bid
1. The tender letter and appendix
① are not stamped and signed;
(2) the contents of the form are filled in incorrectly (such as the proportion of warranty money does not meet the requirements of the tender documents or the bidding period is not suitable, etc.).
2. Confirmation letter of reasonable pricing of the project
(1) Wrong quotation;
(2) signature without seal (official seal, legal person seal and cost engineer seal).
3. Bidding documents of the consortium