Get a high score for 7 case questions related to legal knowledge of bidding and bidding

Question 1: Is the bid evaluation committee's approach correct? Wrong approach. Question 2: Why? The program is not legal.

The bidding documents of this project clearly stipulate that the potential bidder shall provide a copy of the valid production license of the equipment. The bidder of the project does not provide as required, which is a failure to respond to the requirements of the bidding documents, and the evaluation experts can reject the bidding documents.

The practice of on-site discussion by evaluation experts at the review site to determine whether the bidder's qualifications meet the requirements mentioned in the question is equivalent to a temporary revision of the evaluation rules and should not be supported.

Legal basisArticle 49 of the Regulations for the Implementation of the Tendering and Bidding Law stipulates: "The members of the bid evaluation committee shall, in accordance with the provisions of the Tendering and Bidding Law and these Regulations, and in accordance with the bid evaluation standards and methods specified in the bidding documents, objectively and impartially put forward evaluation opinions on the bidding documents or pieces. The bid evaluation criteria and methods not specified in the bidding documents shall not be used as the basis for bid evaluation.

Article 17 of the Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods (Order No. 12 of the National Development and Reform Commission and Other Seven Departments) stipulates: "The bid evaluation committee shall systematically review and compare the bid documents according to the bid evaluation standards and methods specified in the bidding documents. The standards and methods not specified in the bidding documents shall not be used as the basis for bid evaluation.

Relevant laws and regulations stipulate that the bid evaluation committee shall strictly evaluate in accordance with the standards and methods specified in the bidding documents. During the evaluation, other information other than the bidding documents shall not be used as the basis for the evaluation.

Wrong approach. The failure of the tender should be declared and a second tender should be opened. The tenderer's business is not proficient, and the purchaser will definitely not look for it.

After the qualification review, the bidder's bidding qualifications shall be reviewed in accordance with the conditions and standards specified in the bidding documents after the bid is opened.

After the bid is opened, the bidding documents cannot be changed.

Before the bid is opened, the bench can be clarified or the tender documents can be amended.

Legal analysis: if the bidders collude with each other or with the tenderer, and the bidder bribes the tenderer or the members of the bid evaluation committee to win the bid, the winning bid is invalid; where a crime is constituted, criminal responsibility is pursued in accordance with law; If it does not constitute a crime, it shall be punished in accordance with the provisions of Article 53 of the Bidding and Bidding Law. If the bidder fails to win the bid, the fine amount of the unit shall be calculated in accordance with the proportion stipulated in the bidding and bidding law in accordance with the contract amount of the bidding project.

If the bidder has any of the following acts, it is a serious act stipulated in Article 53 of the Bidding and Bidding Law, and the administrative supervision department of the rubber customs shall cancel its bidding qualifications for projects that must be tendered within 1 to 2 years according to law: (A) bribery to win the bid; (2) Collusive bidding more than 2 times within 3 years; (3) Collusive bidding damages the legitimate interests of tenderers, other bidders or the state, collectives and citizens, causing direct economic losses of more than 300,000 yuan; (4) Other acts of collusive bidding where the circumstances are serious. ”

Legal basis: Civil Code of the People's Republic of China Article 790 The bidding activities of construction projects shall be carried out openly, fairly and justly in accordance with the provisions of relevant laws.

Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China (February 1, 2012).section

Article 60 bidders or other interested parties believe that the bidding and bidding activities do not conform to the provisions of laws and administrative regulations, they may complain to the relevant administrative supervision departments within 10 days from the date of knowing or should know. The complaint shall have a clear request and necessary supporting materials.

Article 22 potential bidders or other interested parties have objections to the prequalification documents, should be submitted before the deadline for submission of prequalification application documents 2 days ago; If there is any objection to the bidding documents, it shall be submitted before the deadline for bidding. The tenderee shall reply within 3 days from the date of receipt of the objection; Before replying, bidding and bidding activities shall be suspended.

Article 54 of the project that must be tendered according to law, the tenderer shall publicize the winning candidate within 3 days from the date of receipt of the bid evaluation report, and the publicity period shall not be less than 3 days.

Article 66 If the tenderer exceeds the proportion specified in these Regulations to collect the bid bond and performance bond or does not return the bid bond and bank deposit interest for the same period in accordance with the regulations, the relevant administrative supervision department shall order correction and may impose a fine of less than 50,000 yuan; and where losses are caused to others, they shall be liable for compensation in accordance with law.

Article 70 The tenderer of the project that must be tendered according to law does not set up a bid evaluation committee in accordance with the regulations, or determines or replaces the members of the bid evaluation committee in violation of the provisions of the Bidding and Bidding Law and these Regulations, the relevant administrative supervision department shall order corrections, and may impose a fine of less than 100,000 yuan, and the person in charge and other persons directly responsible for the unit shall be punished according to law; The evaluation conclusions made by the members of the bid evaluation committee who are illegally determined or replaced are invalid, and the evaluation shall be re-conducted in accordance with the law.

If a state functionary illegally interferes with the selection of members of the bid evaluation committee in any way, he shall be investigated for legal responsibility in accordance with the provisions of Article 81 of these Regulations.

1. Failure to publish the tender announcement in the designated media.

2. The invitation to bid is not issued in accordance with the law.

3. From the date of the bidding documents or prequalification documents to the date of cessation of the bidding documents 4. For projects that must be tendered according to law, from the date of issuance of the bidding documents to the date of submission of bidding documents.

5. There should be open bidding but not public bidding.

6. Bidding without bidding conditions.

7. Failure to perform the approval formalities that should be performed.

8. Bidding is not carried out according to the content approved by the project approval department.

9. 10. The number of bidders who do not meet the statutory requirements is not re-tendered.

A: There are the following problems in the bidding procedure of the project:

1. The relevant staff of the tendering unit should not refuse to accept the supplementary documents of the contractor, because any formal written documents submitted by the contractor before the deadline for bidding are valid documents and are valid components of the bidding documents. In other words, the supplementary documents and the original bidding documents together constitute one bidding document, rather than two independent bidding documents.

2.According to the Bidding Law of the People's Republic of China, the bid opening meeting should be presided over by the tenderer (tendering unit), not by the staff of the Municipal Bidding Office.

3.The qualification review should be carried out before the bidding (the background information indicates that the contractor has been pre-qualified), and the notary public will review the contractor's qualifications and be present to confirm the fairness and legitimacy of the bid opening (including the legitimacy of the tender documents).

4.It was wrong for the notary public to declare that all tender documents were valid, and the tender was wrong. Because the contractor's bidding documents only have the official seal of the unit and the signature of the project manager, and there is no seal of the legal representative or its ** person, it should be treated as a scrapped bid.

Even if the contractor's legal representative gives the project manager the right to sign the contract, the tender document should still be voided without a formal power of attorney.

Article 1: The order and content of the composition and interpretation of the contract documents are incorrect, and they should be:

1. Agreement (including supplementary agreement).

2. Notice of winning the bid.

3. Tenders and their attachments.

4. Special contract clauses.

5. General Terms and Conditions of Contract.

6. Relevant standards, specifications and technical documents.

7. Drawings. 8. Bill of quantities.

9. Project ** list and budget, etc.

Article 2: The contractor has the right to propose additional contract price for improvement measures. Progress improvements are a reasonable request and no additional contract price should be proposed.

Article 3: The construction organization design is submitted to the engineer for review by the construction unit 7 days after the drawing review, and it is not confirmed.

Article 6: If the inspection fails, the contractor shall bear all the expenses incurred, and the construction period shall be extended.

The construction period will not be extended.

Article 9: :(1) The damage of the project itself, the damage caused by the damage to the third party and property, as well as the damage to the materials and equipment to be installed transported to the construction site for construction, shall be borne by the employer; The employer shall not be liable for the damage to the materials and equipment to be installed that are transported to the construction site for construction in this sub-item.

Answer: 1. Incorrect, the investment project must be announced on the procurement network, and the project capital of more than 1 million yuan must be subject to public bidding.

2. The bidding documents of bidders A and C are valid, and how can bidders B propose to reduce prices one day after the bid is opened, which is unreasonable. d The bidder should be considered scrapped if he does not affix a seal, which depends on how the bidding documents are stipulated. The bidder does not have a joint bidding agreement and should scrap the bid.

3. How can the bidder withdraw the bidding documents after the bid has been opened? It is an offence to withdraw a tender document after the bid has been opened. Article 29 of the Tendering and Bidding Law stipulates that the bidder may supplement, modify or withdraw the submitted bidding documents before the deadline for submitting the bidding documents required by the bidding documents, and notify the tenderer in writing.

Article 32 of the Ministry of Finance's "Administrative Measures for Bidding and Bidding for Procurement of Goods and Services" stipulates that bidders may supplement, modify or withdraw the submitted bidding documents before the deadline for bidding, and notify the bidding and procurement unit in writing. These relevant regulations, has been authorized to submit the tender documents, can only withdraw the tender documents before the opening of the bid. The law does not stipulate that the bid documents can be withdrawn after the bid is opened, and any business that has submitted the bid documents has no right to withdraw the bid documents after the bid is opened.

After the bidder submits the bid documents, before the deadline for bidding, it can be withdrawn, and after the deadline for bidding, it is not allowed to withdraw, otherwise its bid deposit will be confiscated, and other responsibilities for violations of laws and regulations will be borne accordingly.

2.Because the specific start date and specific project progress are not indicated, the number of days of delay in the construction period according to the materials is 17 + 21 + 8 = 46 days. Cause 1 shall be extended for 17 days if it is caused by the employer; Cause 2: The extension of time was not granted because of the delay of 21 days due to the contractor's reasons; Cause 3 is a force majeure factor that causes a delay of 8 days and should be extended.

3.Indirect rate 12%.

4.The labor cost per square meter is higher than the original plan.

(1) The deadline for submission of bidding documents should be the bid opening time, and there is a certain interval between these two times in the above question, which is difficult to reflect the principle of fairness and justice.

2) Article 29 of the Bidding Law of the People's Republic of China clearly stipulates that the bidder may supplement, modify and clarify the submitted bidding documents before the deadline for submitting the bidding documents required by the bidding documents, and notify the tenderer in writing. The tenderer should not refuse the supplementary materials submitted by the contractor.

3) The so-called "prequalification" is to qualify the bidder before bidding. The above question is to review the qualifications of the bidder before the bid opening, which does not meet the prequalification procedure.

4) Article 35 of the Bidding Law of the People's Republic of China clearly stipulates that the bid opening meeting shall be presided over by the tenderer, and the above question points out that the bid opening meeting shall be presided over by the staff of the bidding office, which does not comply with the provisions of the Bidding Law.

5) Article 36 of the Bidding Law of the People's Republic of China clearly stipulates that when the bid is opened, the bidder or the representative selected by it shall check the validity of the bidding documents, and the validity of the bidding documents may also be checked by the notary public entrusted by the tenderer. In the above question, before the bid is opened, the validity of the bidding documents is checked by the notary public, which does not comply with the provisions of the bidding law.

6) For the packaging of the tender, it depends on the specific requirements in the bidding documents, if the bidding documents require the commercial and technical standards to be encapsulated separately, and the official seal of the unit and the signature of the first-class constructor of the unit are stamped at the sealing place, the internal and external packaging must be used; If the bidding documents only require the commercial and technical standards to be encapsulated separately, and not the internal and external packaging, the official seal of the unit should not be stamped at the seal and signed by the builder.

If the bid deposit submitted by Company B does not meet the requirements of the tender announcement, that is, it does not meet the requirements put forward by the tenderer, and the tenderee has the right to abolish Company B. Company B's bidding documents may not be reviewed directly.

Company B did not respond to the requirements of the tenderer, and the bidder should do its best to respond to the requirements of the tenderer in the bidding process.

1. Company B did not submit the required amount of bid bond according to the requirements of the bidding documents, which is not a substantive response to the bidding documents and should be treated as a scrapped bid.

2. Company B should carefully read and understand the bidding documents, and then make a substantive response.

As a bidder, B does not fully respond to the requirements of the tenderer, and has the right to dispose of B as a scrapped bid.

First, the time of the bidding documents is not clearly written, for example, from May 10, 2001 to May 18, 2001, 9:00-11:30 a.m. and 14:00-17:30 p.m. (Beijing time) on each working day

Second, the sale of bidding documents to the bidder to submit the bidding documents is too short, the tender law 24 stipulates: the tenderer shall determine the bidder to prepare the bidding documents reasonable time, however, the bidding documents must be carried out in accordance with the law from the date of issuance to the date of the deadline for the bidder to submit the bidding documents, the shortest shall not be less than 20 days.

The Q&A session and site visit should not be conducted on the same day or the next day of the sale of tenders, which will affect the builders who are going to buy the bids but have not had time to do so.

Third, Article 34 of the Bidding Law stipulates that the bid opening shall be carried out publicly at the same time as the submission of the bidding documents determined in the bidding documents, and the place of bid opening shall be the place predetermined in the bidding documents.

Fourth, the general process of bidding is divided into: bidding, bidding, bid opening, bid evaluation, and bid awarding. After the bid is opened, the bid evaluation (the bid evaluation is divided into preliminary evaluation and detailed evaluation, including the bid inquiry) should be on the same day, of course, the time of bid evaluation is different according to the size of the project.

Fourth, the tenderer should not determine the time to sign the contract for the specific day, the tender law 46 stipulates: the tenderer and the winning bidder shall, within 30 days from the date of the notice of winning the bid, in accordance with the bidding documents and the bidding documents of the winning bidder to enter into a written contract. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract.

Submit a performance bond at the same time as the contract is signed.

Fifth, submit the bidding documents at the same time to submit the bidding guarantee room.