2. If it is not specified in the tender documents, it is suggested that:
(1) First, review the quotations of the two companies. The quotation is exactly the same, and the angle is the same, which may be suspected of collusion. Check the technical part and the whole bidding document.
(2) There is really no problem. There are two ways to solve it. First, it is decided by the jury; Second, the bidder's representative draws lots to determine.
general idea
1, the specific items, indicators and scores to be evaluated must be listed in advance in the bidding documents;
2, in accordance with the relevant laws and regulations to develop bid evaluation standards, shall not be modified without authorization; For example, the price share accounts for 30-60% and cannot be changed beyond the scope.
3. The standard of fractional value should not be too general. You can't set the "price score" to 40 points without detailed rules; Explain how to calculate the specific score of each bidder; Each indicator should also be subdivided, including "technical score of 30 points", including those assessment indicators, and the standard method of how to calculate the score or deduction.
Difficulties:
1, it is difficult to formulate the scoring standard in detail, accurate to every score;
2. It is difficult to find a balance between standard scores such as technology and price;
3. Specific parameters and calculation methods such as "benchmark price" are difficult to formulate and publish in advance; Especially in the current situation of many acts of unfair competition, it is easy to be artificially destroyed by individual bidders or judges;
4. It is difficult to meet the wishes of the tenderee to the greatest extent after the standards are refined.
Extended data:
According to the Bidding Law of People's Republic of China (PRC):
Article 34 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place predetermined in the tender documents.
Article 35 The bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate.
Article 36 At the time of bid opening, the bidder or its elected representative shall check the sealing condition of the bid documents, and may also be checked and notarized by a notary agency entrusted by the tenderer; After confirmation, the staff will open it in public and read out the name of the bidder, the bid price and other main contents of the bid documents.
All bid documents received by the tenderer before the deadline for submission of bid documents required by the tender documents shall be opened and read out in public when opening bids.
The bid opening process shall be recorded and filed for future reference.
Article 37 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation.
For a project subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and relevant technical and economic experts, with an odd number of more than five members, of which the technical and economic experts shall not be less than two thirds of the total number of members.
The experts mentioned in the preceding paragraph shall have worked in related fields for eight years and have senior professional titles or equivalent professional level, and shall be determined by the tenderee from the list of experts provided by the relevant departments of the State Council or the relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the list of experts in related disciplines in the expert database of the tendering agency; General bidding projects can be randomly selected, and special bidding projects can be directly determined by the tenderer.
People who are interested in the bidder shall not enter the bid evaluation committee of related projects; Those that have entered should be replaced.
The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.
Article 38 A tenderer shall take necessary measures to ensure that the bid evaluation is conducted in strict confidentiality.
No unit or individual may illegally interfere with or influence the bid evaluation process and results.
Article 39 The bid evaluation committee may require bidders to make necessary clarifications or explanations on the ambiguous contents in the bid documents, but the clarifications or explanations shall not go beyond the scope of the bid documents or change the substantive contents of the bid documents.
Article 40 The bid evaluation committee shall evaluate and compare the bid documents according to the bid evaluation standards and methods determined in the bidding documents. If there is a pre-tender estimate, it shall be referred to. After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid.
The tenderer shall determine the winning bidder according to the written bid evaluation report put forward by the bid evaluation committee and the recommended candidate winning bidders. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder.
The State Council has special provisions on the bid evaluation of a specific project subject to tender, and such provisions shall prevail.
Article 41 The bid of the winning bidder shall meet one of the following conditions:
(a) to meet the comprehensive evaluation criteria specified in the tender documents to the maximum extent;
(two) to meet the substantive requirements of the tender documents, and the evaluated bid price is the lowest; Only the bid price is lower than the cost.
Article 42 If, after review, the bid evaluation committee considers that all bids do not meet the requirements of the tender documents, it may reject all bids.
If all bids for a project that must be subject to tender according to law are rejected, the tenderer shall re-invite bids in accordance with this Law.
Article 43 Before determining the winning bidder, the tenderee shall not negotiate with the bidders on the bid price, bid plan and other substantive contents.
Forty-fourth members of the bid evaluation committee shall perform their duties objectively and fairly, abide by professional ethics, and take personal responsibility for the bid evaluation opinions put forward.
Members of the bid evaluation committee shall not contact bidders privately, and shall not accept property or other benefits from bidders.
The members of the bid evaluation committee and the relevant staff involved in bid evaluation shall not disclose the evaluation and comparison of bid documents, the recommendation of successful candidates and other information related to bid evaluation.
Forty-fifth after the winning bidder is determined, the tenderer shall issue a letter of acceptance to the winning bidder and notify all bidders who have not won the bid.
The bid-winning notice has legal effect on the tenderer and the winning bidder. After the bid-winning notice is issued, if the tenderer changes the bid-winning result or the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law.
Article 46 A tenderer and a winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it.
Forty-seventh projects that must be subject to tender according to law, the tenderer shall submit a written report on the bidding situation to the relevant administrative supervision departments within 15 days from the date of determining the winning bidder.
Article 48 The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others separately.
The winning bidder may, according to the contract or with the consent of the tenderer, subcontract part of the non-major and non-critical work of the winning project to others for completion. The person who accepts subcontracting shall have corresponding qualifications and shall not subcontract again.
The winning bidder shall be responsible to the tenderer for the subcontracted project, and the subcontractor shall be jointly and severally liable for the subcontracted project.
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