The reason why the unsuccessful supplier requests to return the bidding documents is:
First, it is conducive to summing up experience and drawing lessons. With the returned bidding documents, it can be improved in time and promote self-improvement. First, by comparing the bidding documents, find out which aspects of the bidding documents have not made substantive responses, and find out the "root cause" so as to "learn from a painful experience". Second, we can explore the reasons and defects of our failure to win the bid by comparing the bid evaluation criteria, and grasp the loss of points, so as to facilitate future improvement. Third, according to the conditions of winning the bid, find out where the gap is with the winning bidder, know yourself and know the advantages of your competitors like the back of your hand, so that you can "make a comeback" in the future, "stay in the green hills and not be afraid of burning firewood" and accumulate experience for winning in the future competition.
Second, it is objectively necessary to keep business secrets. If the tender documents are returned, the names, specifications, models, performance, quality standards, technical parameters, specific management technologies, patents, costs and expenses of products and equipment can be kept confidential first. Second, the quotation of the purchasing object, the design of the purchasing scheme, the construction organization, the construction period and after-sales service can all be avoided. Third, try not to show those parts that contain trade secrets to others. For example, relevant qualification certificates, performance data, tax payment and payment of social security funds. To a certain extent, it reflects the social contribution of this enterprise and also shows its competitive advantage.
Third, the unwillingness to show "evil deeds" is detrimental to the corporate image. Bidding documents are the most direct and objective basis for experts to evaluate bids. The quality of bidding documents largely determines whether the bid is won or not. Since we didn't win the bid, there must be something unsatisfactory. Either the quality and technical standards are far from the procurement requirements, or there is no substantive response to the bidding documents, or the quotation is wrong, or the after-sales service requirements are harsh, or the information provided in the bidding documents is incomplete. In short, it is precisely because there are many flaws in the bidding documents that we are unwilling to leave "bad records", giving people an opportunity to damage the corporate image.
Fourth, I don't want to leave a "lost memory" to strengthen my confidence in the next bid. Once the bidding documents are returned, we can learn a lesson and win the next competition in the government procurement market. We can erase the previous "trauma" and forget the "memory of losing the bid" without leaving a trace. On the contrary, if you don't win the bid, the bidding documents will still be placed in the place where you once bid, branded with an embarrassing mark, and bid again. The shadow of failure will make you feel weak and confident.
If the bidding documents of unsuccessful suppliers are returned, the procurement agency of the tenderer thinks that:
1. conflicts with the law. Article 42 of the Government Procurement Law stipulates: "The purchaser and the procurement agency shall properly keep the procurement documents of each procurement activity of government procurement projects ...". "The storage period of procurement documents shall be at least fifteen years from the date of the end of procurement". Obviously, the supplier's bidding documents are one of the procurement documents, which should be kept as files with a specific retention period and cannot be returned.
Second, it deviates from the requirements of the tender documents. There is a requirement in the bidding documents: "The bid evaluation committee will not explain the reasons for not winning the bid to the bidders, and will not return the bidding documents." If the bidding documents of unsuccessful suppliers are returned, it obviously does not meet the requirements of the bidding documents, which damages the legitimate rights and interests of all bidders, especially for the winning bidder, which is a "one-man show", completely open and obviously unfair.
Third, the significance of saving the bidding documents is gone. If the bidding documents are returned, the government procurement supervision and management department will lose the real evidence of supervision and inspection, answering questions and handling complaints, and lack first-hand reference materials. The openness and transparency of government procurement activities cannot be reflected, and there is no legal basis for the supervision of the activities of procurement parties. Among them, the evaluation of the performance and service level of procurement agencies lacks a "ruler" and a voucher, which is not convenient for comprehensive assessment. Fourth, it is not elegant to check illegal activities such as colluding in bidding, colluding in bidding and accompanying bids, which is not conducive to the investigation of illegal activities.
Fourth, the production of bid evaluation results has lost its realistic foundation. The bid evaluation results are comprehensively obtained by the bid evaluation committee through comprehensive evaluation and comparison of all bidders' bidding documents according to the bid evaluation standards and methods, bid winning conditions and other requirements specified in the bidding documents. The so-called bid evaluation is to choose the best among the bidders. Without the bidding documents of unsuccessful suppliers, it is meaningless to save only the bidding documents of successful suppliers. Where did the bid evaluation result come from? If the skin does not exist, how can the hair be attached? Therefore, all bidders' documents are kept as files, which makes the bid evaluation report "flowing water" and makes the bid evaluation results both comparative and discriminating, logical, truly legal and effective.
No matter from which point of view, the reply of the procurement agency that the bidding documents are not returned is correct, legal and compliant. Therefore, it is necessary for both sides to treat disputes and disputes in bidding activities with a calm mind, understand and support each other, and promote the harmonious and healthy development of government procurement.
The supplier should treat the bidding documents with a normal mind.
As a bidder who has not won the bid, he should treat the bidding activities with a normal heart, and should not "wear colored glasses" to excessively doubt, fault or even distort the openness of the procedure and the fairness of bid evaluation. First, we must learn, understand and abide by the law, know the operating procedures of government procurement like the back of our hand, know the operating procedures like the back of our hand, and know the legal responsibilities like the back of our hand, so as to become a legal bidder in action. Otherwise, there will be behaviors that conflict with the return of similar bidding documents by law, resulting in unnecessary disputes and disputes. The second is to read and study the bidding documents. Especially for the specific requirements, we should carefully study, read and understand one by one, make one-on-one substantive response, prepare bidding documents, and abide by and bid in good faith. At the same time, the bidding documents should be filed, prepared and well documented. Third, according to the tender documents, from the aspects of procurement plan, tender preparation, after-sales service, quotation, etc., rationally check and analyze the shortcomings of their own tender documents, sum up experience, and make full preparations for the next tender.
Buyers and procurement agencies should keep the bidding documents with a high sense of responsibility.
After the bidding procurement procedure is completed, the bidding documents of all bidding suppliers shall be kept in accordance with the law and regulations. First, the tender documents should be filed in a timely and complete manner, and kept in accordance with the statutory time limit and relevant requirements, and designated personnel should be responsible for strengthening file management. Second, actively provide objective basis for the government procurement supervision and management departments to supervise and inspect procurement activities, answer suppliers' questions and handle suppliers' complaints and disputes, and do a good job for future reference. Third, we should consider suppliers who have not won the bid, keep their business secrets and safeguard their legitimate rights and interests. Fourth, do a good job in answering and explaining various problems of unsuccessful suppliers to avoid intensifying contradictions or disputes. Furthermore, the bidding documents should be preserved and made public at the request of the parties concerned, so that the bidding activities can be supervised by the public, and they can be urged to act in strict accordance with the law, treat every supplier fairly and fairly, achieve full and effective competition, and safeguard national interests and social public interests.