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Analysis of causes of tender failure
Question 1: Will the bidder be compensated or indemnified if the bidding fails due to the bidding party? Logically speaking, whether it is the tenderer or the tenderer who is at fault and causes losses to the other party, they should be compensated. However, according to the relevant provisions of the Bidding Law, even if the bidder gives up the bid and causes the tenderer to lose the bid, the bidder will not bear any legal liability (the bid guarantee required by the tenderer is also stipulated in the Bidding Law), so the tender The bidder will not bear any legal liability if the bidder suffers losses due to the party's fault. The relevant provisions of the Bidding Law and the Contract Law do not define liability for negligence after a failed bidding. There are many reasons for failed bidding, so it is difficult to say.
Question 2: What to do after the bidding fails. There are many reasons for the failure of the bidding. I don’t know what causes the bidding to fail.
1. Because the number of bidders was less than 3 when the bid was opened;
2. Because there were less than 3 bidders that passed the compliance inspection and they were not competitive;
3. Because the bidders’ quotations exceeded the blocked price or the number of bidders that did not exceed the blocked price was less than 3, and they were not competitive;
4. Because the bidding documents submitted by the bidders could not Respond to tender document requirements.
The above are the more common reasons for tender failure, and there are many less common reasons.
In short, when the bidding fails, the usual approach is to issue a new announcement and conduct a second bidding. Before issuing the second announcement, the bidding documents, qualification standards, bid price, etc. must be reviewed based on the reasons for the failure of the previous bidding. Adjust accordingly (specific analysis of specific issues, not generalizations). If the second bidding still fails, then you can consider changing the bidding method, such as changing public bidding to invitational bidding or competitive negotiation (mainly to achieve the opening of bids by two bidders).
Question 3: Reasons for using bidding for procurement First of all, the "Tendering and Bidding Law" and its implementation regulations clearly stipulate the scope and scale standards of projects that must be bid. Projects that require bidding are not allowed without bidding. Therefore, bidding and procurement is the most important procurement method.
Secondly, the implementation of project bidding and tendering basically forms a price mechanism set by the market, making the price more reasonable; the implementation of tendering and bidding facilitates supply and demand parties to better choose each other, making the procurement price more consistent. Value basis, and then better control the project cost; implement the principles of openness, fairness and impartiality; the implementation of bidding for construction projects can reduce transaction costs and save manpower, material and financial resources.
Question 4: Should the bidder be compensated for the loss caused by the failure of the bidding unit? Yes, the bidder can be compensated.
But the amount is not large and it is very troublesome. The scope of compensation is generally limited to the bidding unit's basic expenses such as producing bidding documents and purchasing bidding documents. Bidding units that require compensation must provide all original bills and many obstacles will be set up.
Bidding units generally do not spend time for such a small amount of money, and in most cases they just swallow it. (Alas, there is no way, the legal system is not perfect, and the cost of *** is too high.)
Question 5: Urgent procurement failure cases and analysis of reasons in my country
1. Beijing’s three Yuan Milk
Key to failure: loss of base camp, weak cost control
Market outcome: Sanyuan has retreated to third place in the base camp of Beijing, while at its peak, Sanyuan once occupied Beijing 80% of the market.
The market size of China's dairy industry has lost its explosive growth in recent years, and in the face of the fierce offensive from its main rivals - Mengniu and Yili , competition is weak, and Sanyuan's failure in the base camp in 2004 is inevitable. Recently, product price increases, a risky move that Sanyuan hopes to take to get out of its loss predicament, may be the beginning of a new round of decline in Sanyuan's market share.
Marketing event replay:
In 2004, the dairy industry pattern in the Beijing market has undergone tremendous changes.
In October 2004, Beijing Sanyuan Milk had retreated to third place in the home market of Beijing, behind Mengniu and Yili. At its peak, Sanyuan Milk once occupied 80% of the Beijing market. Even in 2003, Sanyuan had more than 50% market share.
The loss of the base camp and weak cost control caused a sharp decline in Sanyuan profits. Sanyuan Shares' third quarter quarterly report disclosed that from January to September 2004, the company's operating profit was negative 54.39 million yuan. On December 22, 2004, Guo Weijian resigned from his position as managing director of Sanyuan Co., Ltd. due to performance reasons.
One waxes and the other waxes.
The market size has not increased much in recent years. Facing the fierce offensive of its main rivals - Mengniu and Yili, competition is weak, and Sanyuan's defeat in the base camp is inevitable.
Failure analysis:
Brand power is not as good as rivals
According to data from the National Bureau of Statistics, in recent years, the growth rate of dairy consumption among urban residents in my country has been 20%. Above, after several years of rapid growth, the growth rate will slow down relatively. Against this background, industry giants such as Mengniu and Yili have increased their marketing efforts.
Whether it is advertising investment, promotion efforts, or public relations hype, companies such as Mengniu and Yili spare no effort to compete with each other. However, compared with Mengniu, Yili and other companies with clear brand positioning and strong brand building offensives, , three yuan is much different. Marketing expert Li Guangdou believes that in recent years, Sanyuan's brand positioning has been relatively vague, swinging between concepts such as "Beijing people's milk" and "fresh milk." The ambiguity of brand positioning leads to the weakening of brand communication effects, and *** companies reduce brand communication activities. In 2004, Sanyuan's advertisements were rarely seen even in the Beijing market, Sanyuan's home base.
It is reasonable for Sanyuan brand loyalty to decrease.
Prices lack competitiveness
Through consumer surveys, Li Guangdou found that dairy products are price-sensitive commodities.
As early as the end of 2003, the sales prices of Yili and Mengniu products in the Beijing market were lower than three yuan. For example, Yili 500ML Tetra Pak packs buy four and get one free, and Mengniu of the same specification also buys four and gets one free. The price is 11.2 yuan, 2.24 yuan per bag, while the three yuan next to it is 2.6 yuan per bag.
In 2004, Mengniu and Yili launched multiple rounds of price reduction promotions. The first round of price wars lasted from the end of June to mid-August. The range of promotions and purchases was rare in recent years; National Day gold Weeks later, the second round of price wars reignited, even more fiercely than the previous round. In these two rounds of price wars, Sanyuan failed to keep pace.
Due to increased marketing efforts, the sales of Mengniu and Yili have increased to varying degrees. The first-half performance report released by Mengniu Dairy showed that Mengniu’s turnover increased by 105.2%, and the turnover of its three major products (including liquid milk, ice cream and dairy products) increased by 97%, 84% and 5.66 times respectively. Yili's turnover in the first half of the year was 4.18 billion yuan, an increase of 48.75% over the same period in 2003. In a limited market size, the substantial increase in rivals' market share will inevitably lead to the loss of the three-yuan market.
The base camp was invaded
In the national market, Beijing has always been the coveted fat meat.
Beijing’s per capita dairy consumption has always ranked first among all provinces and cities in the country. In 2003, Beijing’s per capita dairy consumption was 48 kilograms, while the national average was only 25 kilograms. Faced with such a huge market, dairy giants have entered with heavy troops.
In order to expand its market share in Beijing and reduce operating costs, at the end of 2002, Mengniu began investing 330 million yuan to lay out production lines in Beijing. Since the first production line was officially put into operation in June 2003, 23 production lines have been put into operation so far, and the daily milk production has exceeded 300 tons. Yili has also been in Miyun, Beijing, and near Beijing... >>
Question 6: What are the most likely reasons for investment failure? The first possibility is that your promotion direction is wrong, and the second possibility is that your investment plan is not attractive enough to attract customers. I suggest you find a company that specializes in investment promotion to help you with investment planning, which is both convenient and saves your time and cost. There are many investment planning companies such as Innovative Times, etc.
Question 7: What should I do if the bidder reports an incorrect price after bidding in the tender? It must be analyzed based on the specific reasons for the error:
If it is the bidder’s own fault, the bidding action cannot be revoked. You are responsible for the consequences of your mistakes;
If it is necessary to cancel the bid, it is clearly stated in the bidding document that due to the reasons of the bid evaluation committee, the bidding result will be invalid and the bid will be re-invited;
If it is If the missing details and clauses in the bidding documents are incorrect, resulting in an incorrect quotation, the original content can only be implemented. If necessary, supplementary contracts may be considered, or all bids may be rejected and re-tendered.
Note: For projects of special categories, special industries, and special funding sources, if there are other requirements, the requirements shall apply (it is recommended to consult the bidding agency)
Question 8: Insert the CA master into the bidding system It shows the reason for failure to read data. Is it a problem with the browser? You can try another browser or another computer. It is best to use an XP computer. Generally, CA digital certificates work better on XP. Pay attention to the installation of controls in the browser, the addition of some secure sites, and the security settings that require some to be enabled and some to be disabled.
Question 9: If there is a rejected bid in the bid award report, do the reasons for the rejected bid need to be clearly stated? Invalid bid and invalid bid "Invalid bid" and "Invalid bid" have the same meaning, but they are said in different ways. From the perspective of language and writing, one is the "form + name" format, and the other is the "subject + predicate" format. It can be said that after the bid evaluation committee determined that the bid of a certain unit was invalid, the bid submitted by it was invalid. But on the other hand, if the bid evaluation committee determines that the bid of a certain unit is invalid, the bid it submitted is invalid, which is not grammatically feasible. Therefore, although the two words have the same meaning, you still need to pay attention to the distinction when using them. Abandoned bids and lost bids The two terms "wasted bids" and "lost bids" sometimes have the same meaning in *** procurement activities, and sometimes they have different meanings. Situations with consistent expressions: In a certain *** procurement project, during the bid evaluation process, illegal activities that affected fairness occurred. The bidders' quotations exceeded the procurement budget and the purchaser was unable to pay. It met the professional conditions or substance. When there are less than three bidders that respond to the procurement documents, the procurement has to be reorganized. At this time, we can either say that this project has been "cancelled" or that this project has "failed to bid". Different situations are expressed: A certain *** procurement project went through the bid evaluation process and the winning bidder was determined. However, after the winning bid results were announced, the financial department received complaints. After investigation, one of the bidders for the project did not respond substantively. According to the requirements of the procurement documents, the bid should be judged as invalid. Originally, only three companies participated in the bidding. As a result, only two companies were left that met the requirements. The financial department made a decision based on this: the project's bid was invalidated and the bid was re-invited in accordance with the law. In this case, usually the bidder will not say that the project has failed, because the project was originally successful, but was later scrapped by the financial department due to complaints. "Abandoned bid" reflects more of the action and is the result of human effort; while "failed bid" expresses more of a state, expressing the failure of procurement, which is equivalent to the abortion of the procurement project before it has even started. . Invalid bids and scrapped bids In *** procurement activities, there is a big difference between "invalid bids" and "scrapped bids". "Invalid bids" are only for a certain bidder whose bid documents do not substantially respond to the procurement documents. The requirement is that the bid is invalid; and "abolition of the bid" means that for a certain procurement project, the bid should be canceled if the four circumstances stipulated in Article 36 of the "*** Procurement Law" occur. The bidder was judged to be invalid by the bid evaluation committee because of problems with the bid. Some bidders said that the bid they made was an invalid bid. In fact, this statement is wrong because the bid made by the bidder can only be an "invalid bid." , and cannot be said to be a "waste mark". *** "Abandoned bids" for procurement and "wasted bids" for engineering construction are stated in the "Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods" (Order No. 12 of the Seventh Ministries and Commissions), "Measures for Bidding and Bidding for Engineering Construction Projects" (Order No. 30 of the Seventh Ministries and Commissions), The "waste bid" mentioned in departmental regulations such as the "Measures for Tendering and Bidding for Goods in Engineering Construction Projects" (Order No. 27 of Seven Ministries and Commissions) means that there is a problem with the bidding document, and the bid evaluation committee will proceed based on the discarded bid. deal with. The term “scrap bid” here refers precisely to the bidder, which is why in practice there are often sayings such as “my bid was scrapped” and “the bid I submitted was scrapped”.
However, after carefully reviewing the "Tendering and Bidding Law" and the "Regulations on the Implementation of the Tendering and Bidding Law", it is not difficult to find that there is no statement that the bidder's bidding document is a waste of bids. It seems that the original intention of the experts who formulated laws and regulations also wanted to make the bidding documents in the field of engineering construction The concept of "abandoned bids" is consistent with the "abandoned bids" in *** procurement. Through the above comparison, the following conclusions can be made. 1. Invalid bid and invalid bid express the same meaning, but are different in language description. They are aimed at the bidder's bidding behavior and the bidding documents produced, which are judged to be invalid due to failure to substantially respond to the requirements of the procurement documents. . 2. Abandoned bids refer to the entire procurement project. It is a kind of bidding failure, and the procurement can only be re-tendered. Compared with failed bids, it focuses on behavior. In the past, in the field of engineering construction, there were claims that bidding documents were invalid. 3. A failed bid, also for the entire project, is a miscarriage in the bidding activity. Compared with a discarded bid, it focuses more on the status.
Question 10: The root cause of recruitment failure 1. Onboarding training is very important. The first step gives employees a bad impression, which is difficult to change later.
The system should be standardized, no matter how simple it is, induction training and corporate culture should be implemented, and probation period assessment, training, assessment, and regular leadership talks should be arranged.
2. Standardize the recruitment and onboarding process from within the company. Each procedure has implementation standards and systems, and only the details can reflect the standardization of a company. Pay attention to the recruiter's words and deeds, and have a unified voice to the outside world. Standardizing the image requirements can give applicants a good corporate image.
The reasons for resignation are not just one or two, but often a comprehensive reflection of various reasons. The main thing is to standardize and standardize management from all aspects of the enterprise. It would be better if it can also reflect human nature!
I am the company’s HR person in charge of entry and exit. Here are some suggestions from my work, for reference only~!
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