After re-evaluation, will the bid be won or rejected? What is the reason?

After the re-evaluation of the bid, the result is still invalid? What happened? More than 24 million projects will be scrapped! Are you confused, too Let's take a look ~

This matter is about the recent "Zhongshan Children's Park Property Management Service Project" in Zhongshan City, Guangdong Province, which is full of twists and turns! First, it was re-evaluated because of the written undertaking, and then it was rejected because the re-evaluation affected the fair competition of the complainant. It can be said that it is extremely tossing!

event

The budget of this project is 245232869700 yuan, and the procurement method is public bidding. On June 30, 2002, the agency issued a public tender announcement. On July 27th, 2002, the project was opened for bid evaluation. In the compliance review stage of the bid evaluation process, all the reviewers found that the complainant Guangdong Zhandun Security Service Co., Ltd. did not provide the required written undertaking, so it was judged that the complainant failed the compliance review.

On July 28th, the agency announced the bidding results, and the results showed that the complainant failed the compliance review because the required written commitment letter was not provided separately in the bidding documents.

As soon as the bidding results were announced, Guangdong Zhandun Security Service Co., Ltd. immediately submitted a written query letter to the agency on July 29th. One of the problems is that the company has provided a written letter of commitment in Chapter 9, Section 6 (pages 285 1 to 2858) of the tender documents as required by ★.

After receiving the query letter, the agency immediately organized the original bid evaluation committee to re-evaluate the bid documents on August 20 12 1 2, and found that there was indeed a written commitment letter numbered ★ on page 285 1 ~ 2858 of the complainant's bid documents. When errors are found in the compliance review, the original bid evaluation committee will evaluate and grade the bidders with errors. On August 4, 2002, the agency replied to the complainant's relevant evaluation results in writing and issued a notice of correction results.

In the re-released results announcement, Guangdong Zhandun Security Service Co., Ltd. scored 78. 12, ranking second.

Deal with the results and problems

On August 8, 2002, the complainant lodged a complaint again, arguing that the project agency, in order to handle the query, organized the original bid evaluation committee to conduct a second review of the complainant's bid documents without authorization, which violated the provisions of Article 64 of the Measures for the Administration of Bidding for Government Procurement of Goods and Services (Order No.87 of the Ministry of Finance). In the process of the second evaluation, there may be cases where the technical score and business score (non-objective part) of the complainant are deliberately lowered in order not to affect the evaluation results, thus affecting the fair competition of the complainant.

Finally, after review by Zhongshan Finance Bureau, a decision was made: the complaint was verified to be established, which affected or might affect the procurement results.

In view of the fact that the winning bidder has been confirmed and the government procurement contract has not yet been signed, according to the provisions of Item (2) of Paragraph 1 of Article 32 of the Measures for Questioning and Complaining about Government Procurement (Order No.94 of the Ministry of Finance), the winning bid or transaction result is deemed invalid. When qualified suppliers reach the legal number, they can be determined separately from qualified candidates for winning the bid or closing the transaction, or they can be determined separately according to law; Otherwise, it shall be ordered to conduct procurement activities again.

Through this case, people in the industry will definitely want to ask the following two questions:

There is an error in the 1. compliance review. Can it be corrected by re-examination?

2. What should I do if there is a recheck error that does not belong to the recheck category in reality?

Say it briefly ~

There is an error in the compliance review.

Can mistakes be corrected by reevaluation?

First of all, the Ministry of Finance's Notice on Further Standardizing the Evaluation of Government Procurement (Caiku [2012] No.69) stipulates that after the evaluation results are summarized, the purchaser, the procurement agency and the evaluation committee shall not modify the evaluation results or request re-evaluation, but if the qualification examination is wrong, the score calculation is wrong, the sub-items are beyond the scoring standard, the objective score is inconsistent, and the evaluation committee unanimously determines that the score is abnormally high. It can be seen that the requirements for re-evaluation and revision of the results are quite strict, limited to the following situations:

(a) the score summary calculation error;

(two) the sub-item score is beyond the scope of the scoring standard;

(three) the members of the bid evaluation committee have different scores on objective evaluation factors;

(four) the evaluation committee finds that the score is abnormally high or low;

(five) the mistakes identified in the qualification examination are limited to the on-site modification of the bid evaluation results by the bid evaluation committee and recorded in the bid evaluation report.

Article 64 of the Measures for the Administration of Bidding for Government Procurement of Goods and Services (Order No.87 of the Ministry of Finance) is more detailed: Before the signing of the bid evaluation report, if the bid evaluation committee finds the above four situations through evaluation, it shall modify the bid evaluation results on the spot and record them in the bid evaluation report. After the signing of the bid evaluation report, if the purchaser or procurement agency finds the above four situations, it shall organize the original bid evaluation committee to re-evaluate the bid, and if the re-evaluation changes the bid evaluation result, it shall report to the finance department at the same level in writing.

In the above cases, the errors identified in the compliance review are not within the four situations that can be re-evaluated, and the re-evaluation procedure cannot be started accordingly.

It happened in reality.

What should I do if the recheck error does not belong to the recheck category?

If there is indeed a review error that does not belong to the scope of review in practice, the purchaser and procurement agency should report it to the financial department at this time, and the financial department will handle it according to law.

The "Regulations on the Implementation of the Government Procurement Law" clearly stipulates this, and Article 44

Except as stipulated by the financial department of the State Council, the purchaser and the procurement agency shall not organize re-evaluation for any reason. Where a purchaser or procurement agency organizes a re-evaluation in accordance with the provisions of the financial department of the State Council, it shall submit a written report to the financial department of the people's government at the corresponding level.

L If the financial department finds that the bid evaluation committee or its members have committed illegal acts as stipulated in Article 75 of the Regulations for the Implementation of the Government Procurement Law, it may give a warning according to its provisions and impose a fine of more than 2,000 yuan and less than 20,000 yuan; If the bid winning and trading results are affected, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed, and participation in government procurement bid evaluation activities shall be prohibited.

L If the evaluation result is invalid due to the evaluation error of the bid evaluation experts, the bid evaluation committee may be re-established according to Article 67 of Decree No.87 of the Ministry of Finance for bid evaluation. At this time, members of the original bid evaluation committee who violate laws and regulations shall not participate in the re-established bid evaluation committee.

L If a supplier complains about the original bid evaluation result, and the complaint is established and affects the bid-winning and transaction results, resulting in the change of the bid-winning and transaction results, the supplier can be determined separately from the qualified bid-winning or transaction candidates or the procurement activities can be resumed according to Article 16 of the Measures for Questioning and Complaints in Government Procurement (Decree No.94 of the Ministry of Finance).

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