Top 10 frequently asked questions in the bid opening and evaluation stage

Mondo Health Updated on 2024-02-01

1. If the bidder is late, can the bid opening be delayed?

Procurement projects cannot be delayed due to the late arrival of bidders. **Contractors may not participate in the bid opening, and failure to participate in the bid opening shall be deemed to agree with the bid opening results. The legal basis is Article 39 of the Administrative Measures for Bidding and Bidding for the Procurement of Goods and Services (Order No. 87 of the Ministry of Finance), and the bid opening shall be carried out at the same time as the deadline for submitting bidding documents determined in the bidding documents. The place of bid opening shall be the place predetermined in the solicitation documents.

2. What are the legal procedures for bidding and bidding activities through the bidding management department and the trading center, and how are these procedures stipulated in time?

After the legal procedures and time provisions of the bidding management department and the trading center are shown in the following table: the legal procedures of the handling department time provisions of the preliminary plan of the bidding office before the first contract for the record, the tendering office of the tenderer in the tender announcement or the issuance of the invitation to bid 5 days before the submission of the tendering office, the bidding office in 5 days after the receipt of the tender announcement to complete the bidding announcement and the trading center issued 3 working days of the bidding documents and their clarification or modification of the documents for the record, the bidding office in the bidding documents issued with the ** Bid expert extraction and notification of the bidding office (trading center) on the day of bid opening (or half a day before the bid opening) bid opening, bid evaluation bidding office (trading center) bidding deadline at the same time (20 days after the issuance of the bidding documents, the results of the bid announcement before the announcement of the bidding center, before the announcement of the bidding center bid-winning notice, in the trading center publicity of 2 working days of the written report of the bidding and bidding situation, within 15 days after the bidding office awarded, the bidding office within 5 days after the receipt of the contract with the record, the bidding office within 30 days after the issuance of the notice of winning the bid, the contract within 7 days of signing the contract for the record.

3. What should be reviewed by the tenderer for prequalification?

Prequalification usually includes the following:

1) The bidder's bidding legitimacy review, the review content mainly includes qualification certificates, business licenses, project manager qualification certificates, fee standard certificates, etc., and at the same time review whether the bidding applicant is in a normal business state, whether it is in the penalty period of being suspended from participating in the bidding, etc.;

2) The review of the bidder's bidding ability mainly includes the general situation of the bidder, the experience and reputation of the bidder, the financial ability of the bidder, the staffing ability of the bidder, the equipment and technical ability to complete the project;

3) Other countries or localities have provisions on the qualifications of bidders, whether the bidding applicant has it.

4. What should I do if the review expert refuses to sign?

It is deemed to agree with the bid evaluation report. The legal basis is Article 61 of the Administrative Measures for the Bidding and Bidding of Procurement of Goods and Services (Decree No. 87 of the Ministry of Finance), and if there is a dispute between the members of the bid evaluation committee on the matters that need to be jointly identified, they shall make a conclusion in accordance with the principle that the minority obeys the majority. The members of the bid evaluation committee who hold different opinions shall sign the different opinions and reasons on the bid evaluation report, otherwise they shall be deemed to agree with the bid evaluation report.

5. After the announcement of winning the bid is issued, when should the notice of winning the bid be issued?

The announcement of the winning bid and the notice of winning the bid should be issued at the same time. The legal basis is the fifth paragraph of Article 69 of the Administrative Measures for the Bidding and Bidding of Procurement of Goods and Services (Decree No. 87 of the Ministry of Finance), and at the same time as announcing the bidding results, the purchaser or the procurement agency shall issue a notice of winning the bid to the winning bidder; For bidders who fail to pass the qualification examination, they shall be informed of the reasons for their failure; If the comprehensive scoring method is adopted, the unsuccessful bidder shall also be informed of the evaluation score and ranking.

6. Does a single ** purchase have to be reviewed before it can be concluded?

If the purchaser decides to randomly select the review experts from the review expert database as professionals and negotiate with the best businessmen participating in a single **procurement project, the selected "experts" are not ** procurement review experts in a single ** procurement project, and do not have the right to review the ** procurement review experts, and only participate in the negotiation as professionals, and do not conduct reviews (such as qualification review, compliance review, ** review, etc.). Therefore, the selected "experts" do not have the right to decide whether to close the deal.

7. In the process of bid evaluation, how should it be determined whether the bidder's ** is lower than the cost price of the enterprise?

In the bid evaluation process, the bid evaluation committee finds that the bidder's ** is significantly lower than other bids ** or is significantly lower than the bid floor when there is a bid floor, so that its bid ** may be lower than its individual cost, the bidder shall be required to make a written explanation and provide relevant supporting materials, the bidder can not reasonably explain or can not provide relevant supporting materials, the bid evaluation committee determines that the bidder bids below the cost.

8. If the bidder questions it, can it continue to question the same issue after the reply of the ** agency?

If there is no provision in the procurement documents that it must be filed at one time, then the ** business can raise the challenge again within the validity period of the challenge. The legal basis is Article 10 of the Measures for Questioning and Complaining about Procurement (Decree No. 94 of the Ministry of Finance), if a businessman believes that his rights and interests have been damaged by the procurement documents, procurement process, winning the bid or the result of the transaction, he may challenge the purchaser and the procurement agency in writing within 7 working days from the date of knowing or should have known that his rights and interests have been damaged.

9. In the process of bid evaluation, it is found that individual bid evaluation experts have tendentious opinions, how should they be dealt with as an administrative supervision department?

In the process of bid evaluation, found that individual bid evaluation experts have tendentious opinions, as the administrative supervision department should first ask it to explain the basis and reasons for its evaluation, can not reasonably explain its basis and reasons, its scoring is invalid, its personal behavior, depending on the severity of the situation, to give criticism, education, stop the evaluation, until reported to the provincial construction administrative departments to recommend the cancellation of its bid evaluation qualifications.

10. After the publicity procedure, can the merchant still raise a question?

Although the project that meets the standard of the amount of public bidding is procured by a single procurement method, it is publicized before the procurement begins, and the relevant business can raise objections to the publicity of the project, but the objection to the publicity does not negate the right of the business to challenge according to law. Article 52 of the Procurement Law stipulates that if a merchant believes that its rights and interests have been harmed by the procurement documents, the procurement process, the winning of the bid and the results of the transaction, it may raise a challenge in writing with the purchaser within seven working days from the date on which it knows or should know that its rights and interests have been damaged. For a single procurement project that does not meet the standard of the amount of public bidding, because it does not need to be publicized, the relevant ** business has the right to challenge it in accordance with the law.

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