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You can consult the tenderer or ** agency before the bid opening by raising objections, and ask it to give an explanation or clarification.
According to national regulations, bidders, potential bidders and other interested parties believe that they do not comply with laws and regulations if they do not recognize the bidding activities.
It is the right to raise objections to the tenderer.
The time and method of raising an objection are specifically manifested in the following four types:
1. YesPre-qualificationThere was an objection to the document
It should be submitted 2 days before the deadline for submitting prequalification application documents, even if it is not formally involved in the bidding enterprises or units can be challenged.
2. RightTender documentsThere is an objection
Should be submitted before the deadline for bidding 10 days ago, the tenderer shall reply within 3 days from the date of receipt, before the tendering unit does not reply, the bidding process should be suspended.
3. There are objections to the bid opening
If the bidder has any objection to the bid opening, it must be raised at the bid opening site, and the tendering party must reply and record this on-site objection on the spot. Bidders, don't lose face, you should mention it, otherwise you will miss the opportunity to mention it after the bid opening, and it will be time-sensitive.
Second, it will increase the cost of rights protection.
4. There are objections to the bid evaluation results
If there is an objection to the bid evaluation results, such as objections to the qualifications of candidates and objections to the behavior of candidates in the bidding process (collusion, bid-rigging, corruption, etc.), they should be raised during the publicity period of the winning candidates. The tenderer shall reply within 3 days from the date of receipt.
In addition to the above four points, if the bidder has other objections, although the bidding law does not stipulate the method and time to raise objections, this does not mean that it cannot be raised, but it should be noted that the sooner it is raised, the better.
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Article 19 of the Tendering and Bidding Law stipulates that the bidding documents shall include all substantive requirements and conditions such as the technical requirements of the bidding project, the criteria for the qualification examination of bidders, the bidding requirements and the bid evaluation standards, as well as the main terms of the contract to be signed.
The bid evaluation standard is the necessary substantive content of the bidding documents, which is related to the fair evaluation based on what kind of evaluation basis, the measurement standard of the tenderer's selection of transaction objects, and the interests of the bidders, which are indispensable in the bidding activities.
If there is no bid evaluation standard in the bidding documents, the winning candidate cannot be selected in an operable way, and the purpose of the bidding cannot be achieved.
Therefore, if it is found that the bid evaluation criteria are missing after the issuance of the bidding documents, it shall be modified before the bidding deadline 15 days, and if it is less than 15 days, the bidding deadline shall be delayed;
If it is found after the deadline for bidding, it can only be announced that the bidding activity will be terminated, and the bidding activities will be re-issued after the bidding documents are modified, and the bidding activities will be reorganized.
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<> there are problems in the bidding documents should improve the quality of the bidding documents, the main measures are: 1. Peibu strengthens the management of the bidding unit, and the construction unit should put forward clear requirements for its technology, strength, personnel quality and past performance when selecting the bidding unit, and set up a defense link if necessary; 2. Establish a smooth and reasonable working mechanism, through a smooth and reasonable working mechanism, so that different departments can check and supervise each other; 3. The audit of the bill of quantities and the bottom of the bid can not be a mere formality, and the bill of quantities and the bottom of the bid are an important part of the bidding documents, and are the basis for the contractor to finally confirm the settlement price of the project; 4. Make full use of the Q&A link, and the Q&A link should be set up in the bidding process for bidders to raise questions in the bidding documents.
1. The bidding documents can be divided into three parts according to their functions: first, the tender announcement or invitation to bid, instructions to bidders, bid evaluation methods, bidding file formats, etc., mainly expounding the general situation of the bidding project and the rules of bidding and bidding activities. Second, the bill of quantities, design drawings, technical standards and requirements, contract samples, etc., comprehensively describe the requirements of the bidding project, which is not only the main basis for bidding and bidding activities, but also an important part of the contract documents, which is binding on both the tenderer and the bidder.
Second, the preparation of bidding documents should pay special attention to the following aspects:
1. The contents of all purchased goods, equipment or projects must be explained in detail to form the basis of competitive bidding;
2. The formulation of technical specifications and contract terms shall not cause discrimination against any contractor or contractor who is qualified to bid;
3. The evaluation criteria should be open and reasonable, and the evaluation criteria for the bids that deviate from the bidding documents and put forward new technical specifications should be more realistic and strive to be fair;
4. Comply with the relevant regulations of the country, and if there are any inconsistencies, they should be properly handled.
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<> main problems in the bidding documents are: the bidding documents are not expressed before and after.
1. The problem of being out of touch with practice occurs from time to time, which is mainly reflected in the following points:
1) The bidding ** part in the instructions of the bidding documents contradicts the pricing method in the sample construction contract.
For example, a project in the bidding documents stipulates that "the cost of precipitation shall be considered by the bidder according to the geological exploration report and on-site investigation, and the cost shall not be adjusted except for major changes in the project area during settlement", but it is described in the contract sample as "when the well point precipitation is settled, it shall be priced according to 100 yuan per day (including the cost, including the tax price, the cost of well point installation and demolition, excluding the cost of water and electricity), and the unit price shall not be adjusted during the settlement, and the project shall be adjusted according to the actual number of occurrences". There is an obvious contradiction between the two settlement methods, the former is a fixed total price, while the latter is based on the fixed unit price and the actual workload.
Which paragraph should be used as the basis for the implementation of contradictory contents in the bidding documents? This can lead to different stakeholders taking different positions at the time of settlement.
2) The description of the characteristics of the bill of quantities project is inconsistent with the design drawings.
The bill of quantities has an extremely important position in the bidding documents, and is the basis for the construction unit to bid and final settlement, and the design drawings are the most important basis for the preparation of the bill of quantities. The checklist should be prepared in strict accordance with the design intent, but in the course of the audit, contradictions between the two were repeatedly discovered. Such as:
For a housing construction project, the design drawings clearly stipulate that the masonry mortar is ready-mixed mortar, but the project characteristics of the bill of quantities describe it as on-site mixed mortar; The relevant pricing clauses of the bidding documents for travel transport also stipulate that the bidder should carefully check the design drawings, combined with the bill of quantities and design drawings, and shall not be adjusted except for project changes. This clause excessively increases the risk of the bidder, avoids the responsibility of the construction unit, and leaves a hidden danger for the final settlement.
3) The bidding documents are out of touch with reality.
For example, a steel structure engineer Pei Bu Cheng, the design drawings for different parts of the steel structure are thick, thin, ultra-thin three kinds of fireproof coatings, the bidding documents for the fireproof paint to stipulate the brand range. However, due to the construction unit, the bidding unit has not done sufficient market research, the manufacturer of fire retardant coatings does not produce thick and thin, for this reason, a lot of time and energy was spent in the construction process to conduct market research, and the product was re-selected, which artificially increased the workload and affected the construction period.
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1. Leaking confidential information of the company.
2. Generally, don't condemn ** to death. Guess Chunchun.
3. Don't have false and fraudulent content, otherwise it will be very troublesome to communicate with the bidding later.
4. Don't have illegal content, otherwise it may be illegal.
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Legal analysis: the sealing of the bidding documents does not meet the requirements of the first ear is a waste bid.
Legal basis: the People's Republic of China Bidding and Bidding Law 36th when the bid is opened, by the bidder or its elected representative to check the sealing of the bidding documents, can also be entrusted by the tenderer notary public to check and notarize to confirm that it is correct, by the staff in public to open the seal.
Measures for Bidding and Bidding for the Construction of Engineering Construction Projects
Article 38 The bidder shall, before the deadline for submission of the bidding documents required by the bidding documents, deliver the bidding documents to the bidding place in a sealed manner. After the tenderer receives the bidding documents, it shall be issued to the bidder to indicate the signatory and the time of receipt of the voucher, before the opening of the bid any unit or individual shall not open the bidding documents.
Article 41 Before the bid is opened, the tenderer shall properly keep the received bid documents.
Article 50 If the bidding documents are not sealed in accordance with the requirements of the bidding documents, the tenderer shall not accept them.
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Legal analysis: the bidding documents are not sealed and do not meet the requirements, which is a scrapped bid.
Legal basis: "Tendering and Bidding Law of the People's Republic of China" Article 36 When the bid is opened, the bidder or its elected representative shall check the sealing of the bidding documents, or it can be checked and notarized by the public security agency entrusted by the tenderer, and the staff shall open the seal in public.
Measures for Bidding and Bidding for the Construction of Engineering Construction Projects
Article 38 The bidder shall, before the deadline for submitting the bidding documents, deliver the bidding documents to the bidding site in a sealed manner. After the tenderer receives the bidding documents, it shall be issued to the bidder to indicate the signatory and the time of receipt of the voucher, before the bid opening any unit or individual shall not open the bidding documents.
Article 41 Before the bid is opened, the tenderer shall properly keep the received bid documents.
Article 50 If the bidding documents are not sealed in accordance with the requirements of the bidding documents, the tenderer shall not accept them.
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