After the qualification of property management enterprises is cancelled, there are various strange requirements and bonus conditions in the bidding process. Although the normative documents of procurement are relatively sound, the purchaser has a tendency to be one foot taller than the other. Bidders should keep their eyes open and analyze those hidden bidding conditions. Take the bidding for property management services of an institution as an example:
The main contents of the procurement requirements are as follows:
1. Scope of property services
Cleaning, canteen catering service guarantee and service reception, courtyard greening maintenance, various facilities, equipment operation and engineering maintenance, conference services, customer service ** answering, replying, order maintenance, etc.
Second, the staffing and requirements of the post.
1.Department head, requirements: full-time college degree or above.
2. Head chef, requirements: college degree or above.
3. Service quality objectives and requirements
The satisfaction rate of purchasers with cleaning services reaches more than 95%; The satisfaction rate of conference services and reception guarantee has reached more than 95%.
4. Other requirements
1. Be able to successfully complete other temporary work arranged by the purchaser.
2.Pay the property management fee, snow removal fee, greening fee, and cleaning fee of the community. If the above-mentioned payment on behalf of the purchaser is not incurred, the purchaser shall not pay the relevant fees.
Note: All contents in the procurement requirements are substantive requirements and shall not deviate negatively, otherwise they will be treated as invalid bids.
In the scoring rules, ** enterprise human resource manager, level 4 and above property manager, level 2 A and above Putonghua proficiency test grade certificate, veteran retirement certificate (or transfer certificate) as bonus conditions.
Analysis: Article 5 of the Measures for the Management of Procurement Demand stipulates that the purchaser has the main responsibility for the management of procurement demand, and is responsible for the legality, compliance and rationality of the procurement demand and the procurement implementation plan.
First, it is unreasonable for the procurement demand to require the department head to be a full-time college degree or above, and the head chef to have a college degree or above. Whether the head of department is full-time is not directly related to the fulfillment of procurement needs; The head chef has a college degree or above, which does not meet the actual needs.
Distinguishing whether it is full-time or not, and only academic qualifications for the catering industry, violates the prohibitive provisions of Article 20 of the Regulations for the Implementation of the Procurement Law: (2) The qualifications, technical and business conditions set are not compatible with the specific characteristics and actual needs of the procurement project or have nothing to do with the performance of the contract.
Second,Discriminating against small and medium-sized enterprises, suspected of excluding potential business owners with specific conditions. It is required that "the actual service personnel stationed in the bidding documents shall be completely consistent with the proposed personnel in the bidding documents, and if the actual personnel stationed in the bidding documents are not consistent with the proposed personnel, the purchaser has the right to terminate the service contract". It belongs to the implementation of differential treatment or discriminatory treatment for small and medium-sized enterprises in terms of business scale and other aspects.
Article 17 of the Administrative Measures for Bidding and Bidding for the Procurement of Goods and Services (Decree No. 87 of the Ministry of Finance) stipulates that the scale conditions of the bidder shall not be used as a qualification requirement or evaluation factor, and the bidder shall be treated differently or discriminatedly.
Thirdly, the procurement requirements set a satisfaction rate, but did not specifically quantify the satisfaction rate.
"Measures for the Management of Procurement Demand".Article 9 The procurement requirements shall be clear and concise, standardized and accurate. The technical requirements and commercial requirements shall be objective, and the quantitative indicators shall clarify the corresponding grades, and where there are continuous intervals, the grades shall be divided according to the intervals.
Fourth, the procurement requirement requires that "other temporary work arranged by the purchaser be successfully completed." However, the content and price of temporary work are not stipulated.
The second paragraph of Article 6 of the Administrative Measures for the Bidding and Bidding of Procurement of Goods and Services stipulates thatThe purchaser shall not ask for or accept gifts, rebates or other goods and services unrelated to the procurement from the ** businessman.
Fifth, the procurement requirements make it clear that snow removal and greening belong to the scope of property management services, and they are regarded as temporary expenses, which is inconsistent.
Sixth, in the scoring rulesThe professional qualification licensing and certification of employees that have been cancelled as a scoring standard or set bonus conditions are not suitable for the specific characteristics and needs of the procurement project.