What should be paid attention to in the bidding process

No matter you are in the construction unit, the construction unit or the bidding agency, you may have only experienced some links in the whole bidding process, but did not fully participate in it. In this process, there may be some "inside information" about the bidding that you don't know, which will lead to your defeat, that is, losing your wife and losing your soldiers. In order to avoid your failure in bidding, I will share with you "complete bidding process and steps" and "problems that are easy to appear in bidding process" today.

What is bidding?

Bidding is a trading method in which the initiator of trading activities announces the characteristics of the target and some trading conditions within a certain range, evaluates the quotations and schemes submitted by multiple respondents according to the rules and procedures determined according to law, selects the best trading subject and determines all trading conditions. According to the openness of competition, it can be divided into two ways: open bidding and invitation bidding. After understanding the bidding, I will tell you the "complete bidding process and steps" below.

A, the tenderer preparation work

1, project establishment

(1) The main contents of submitting the project proposal include: the necessity of putting forward the investment project, the preliminary idea of the proposed scale and construction site, the preliminary analysis of resources, construction conditions and cooperation relations, the investment estimation and financing idea, and the preliminary evaluation of the economic and social benefits of the overall project schedule.

(2) Prepare the pre-feasibility study and feasibility study report of the project and submit the main contents: corresponding national and local policies, the existing construction conditions and requirements of the unit; Feasibility and necessity of project implementation; Market development prospects; Technical feasibility; Feasibility of financial analysis; Benefit analysis (economic, social and environmental), etc.

2. The tenderee of a construction project applying for construction application shall register with the construction administrative department of the engineering trading center with the project approval document.

3, the construction unit bidding qualification

(1) It has a business place and corresponding funds to engage in bidding agency business.

(two) have the corresponding professional strength to prepare bidding documents and organize bid evaluation.

(3) The tenderee has the right to choose a bidding agency and entrust it to handle the bidding matters if it is not qualified to organize the bidding by itself. No unit or individual may designate a tendering agency for the tenderee in any way.

4. Deal with transaction vouchers. The tenderer shall go through the transaction registration at the Engineering Trading Center with the Registration Form for Construction Application.

II. Preparation of prequalification and bidding documents

1, preparation of prequalification documents.

Pre-qualification application, legal representative's identity certificate, power of attorney, applicant's basic information form, financial statement in recent years, similar projects completed in recent years, projects under construction and newly undertaken, litigation and arbitration in recent years and other materials.

2, prepare the tender documents

(1) Contents of bidding documents: bidding announcement, invitation to bid, instructions to bidders, bid evaluation methods, contract terms and formats, bill of quantities, drawings, technical standards and requirements, and format of bidding documents.

(2) Matters needing attention in compiling bid documents

1) defines the document number, project name and nature;

2) Bidder qualification requirements;

3) Time for selling documents;

4) The method, place and deadline for submitting bid documents. The tender documents shall specify the submission method of the tender documents, whether by mail or telex. When and where should the bidding documents be delivered?

5) Requirements for preparation of bid documents

The contents include: tender letter and its attachments, legal representative's identity certificate or power of attorney, tender bond, priced bill of quantities, construction organization design, project management organization, other materials and qualification examination materials.

(1) bidding language;

(2) the composition of the tender documents;

③ Binding of bidding documents;

(4) Style and signature of bid documents;

(5) tender offer.

6) Bid validity period

The bidding documents shall stipulate the validity period of bidding according to the project situation, and shall not be too long or too short. In case of special circumstances, that is, the bid cannot be determined for various reasons after the bid opening, the executing agency and the purchaser must ask the bidder to extend the validity period before the expiration of the original bid validity period. Such requests and replies must be submitted in writing. The bidder may refuse the request of the executing agency, and its deposit will not be confiscated.

7) Sealed submission of bid documents

(1) The bidder shall seal and submit it according to the requirements of the tender documents. For example, sometimes the executing agency requires bidders to seal all documents including "price documents", "technical and service documents" and "business and qualification certificates", and sometimes they will be submitted separately when necessary, depending on the actual situation, but it must be clearly stated in the bidding documents;

(2) The bidder shall ensure that the seal is intact and affix the seal of the bidder's unit and the seal of the legal representative, so as to check the seal of the document before bid opening.

8) Waste standard

In any of the following circumstances, the bid is invalid:

(1) The delivery time of the bidding documents exceeds the prescribed deadline for bidding (fairness and justice);

(2) The bid documents are not bound and sealed as required;

③ The official seal of the bidder and the seal of the legal representative and authorized representative are not stamped, and the power of attorney of the legal representative is not provided;

(4) The bid bond is not submitted or the amount is insufficient, the form of the bid bond does not meet the requirements of the tender documents, and the deposit and remittance bank are inconsistent with the bidder's bank;

(5) The bidding period is insufficient;

6. Incomplete qualification documents;

All landowners bid beyond the business scope;

(8) The bid goods are not produced by the bidder himself, and the manufacturer's authorization and supporting documents are not provided;

Pet-name ruby when using joint bid, did not provide proof of the responsibilities and obligations of the joint parties;

Attending does not meet the main parameters in the technical specifications and exceeds the deviation range of the tender announcement, etc.

Three. Issue a prequalification announcement

1. Pre-qualification announcement includes: bidding conditions, project overview and bidding scope, pre-qualification, submission of bidding documents, acquisition of bidding documents, bidder qualification requirements, etc.

2, in the project trading center website and other media release tender announcement. The release media include China Daily, china economic herald, china construction news and China Procurement and Bidding Network, and the effective time for the release of the tender announcement in the media or website is 5 working days.

Four. prequalification

1. Sales prequalification documents

2. Accept the prequalification application of the bidder.

3. Pre-qualification of potential bidders

(1) Accepting prequalification documents

(2) Establish a prequalification committee, and the bid evaluation team shall be formed by the tenderee, including financial and technical professionals.

(3) Review procedures

1) Preliminary review of completeness, validity and correctness of prequalification documents.

2) Review the business license, enterprise qualification grade and other financial aspects in detail: whether there are enough funds to undertake this project. Bidders must have certain liquidity. Construction experience: whether you have undertaken similar projects, especially those with special requirements; The number and scale of construction projects in recent years. Personnel: Whether the number, work experience and ability of engineering technology and management personnel owned by the bidder meet the requirements of this project.

3) Equipment: Whether the construction equipment owned by the bidder can meet the engineering requirements.

(4) Clarify that the review committee requires the applicant to give a written explanation of the unclear places in the prequalification documents. Scope: The unclear contents in the application documents shall be clarified or explained in writing; The clarification or explanation of the applicant shall not change the substance of the application documents, and shall be regarded as an integral part of the application documents.

(5) Methods Generally, the bid evaluation method will be explained in the announcement, and the bid evaluation method generally consists of the qualified system and the limited system.

(6) Review Report After the review is completed, the review committee shall determine the list of applicants who have passed the prequalification and submit a written review report to the tenderer. After detailed examination, if the number of applicants is less than 3, the tenderee will reorganize or stop organizing the prequalification, and bid directly by post-qualification examination.

(7) The name of the applicant who has passed the review is determined from the list of applicants who have passed the review, and is generally determined by the tenderer according to the review report and qualification documents.

4. Send out an invitation to bid

V. Sale of Bidding Documents, Questions and Addenda

1, sell the tender documents.

Sell bidding documents, drawings, bill of quantities and other materials to qualified bidders. It takes five working days from the date of selling the tender documents, drawings, bill of quantities and other materials to the date of stopping the sale. The tenderer shall give the bidder a reasonable time to prepare the tender documents, and the shortest time shall not be less than 20 days. Generally speaking, for insurance, it is 25 days from the date of issuing the tender documents to the deadline for submitting the tender documents.

2. On-site inspection and pre-bid meeting before project bid opening.

(1) reconnaissance Organize all bidders to conduct on-site reconnaissance, and it is not allowed to organize a single bidder or a single bidder to conduct on-site reconnaissance.

(2) Pre-bid Meeting All bidders will answer the questions raised in the bidding documents and site reconnaissance at the pre-bid meeting.

3. Addendum If the tenderee makes necessary clarification or modification of the tender documents issued, it shall notify the bidder in writing at least fifteen days before the deadline for submission of tender documents required by the tender documents, and its reply shall be regarded as an integral part of the tender documents.

Intransitive verbs receive bidding documents.

Receive the bidder's bid documents and bid bond to ensure the rigor of the bid documents.

Seven, the extraction of bid evaluation experts

Within two hours before the bid opening, the bid evaluation experts will be immediately drawn from the corresponding professional expert database, and the tenderee will send representatives (with corresponding professional titles above the intermediate level) to participate in the bid evaluation.

Eight. open the sealed tenders

1, time and place

The time is the time specified in the tender documents and the place is the engineering trading center.

2. Participants sign in

The tenderee, bidder, notary office, supervision unit, discipline inspection department and other participants sign in.

3. Seal inspection of bid documents

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 inspected and notarized by a notary agency entrusted by the tenderer.

4. Host the singing.

5. Record the bid opening process and file it for future reference.

Nine, bid documents review

1, set up a bid evaluation committee.

The bid evaluation committee consists of experts and representatives of the tenderee, and is generally chaired by the committee director. Experts shall be drawn from the expert database by the tenderer before the bid opening, and the information of experts shall be kept confidential. Its experts have an "avoidance principle".

2. Preparation for bid evaluation

(1) The staff and the judges' preparation staff distribute the bidding documents and relevant bid evaluation forms to the judges, who are familiar with the general situation of the bidding project, the main contents of the bidding documents, the bid evaluation methods and standards, and define the bidding purpose, project scope and nature, as well as the main technical requirements and standards and commercial terms in the bidding documents.

(2) Review and compare the bidding documents systematically according to the bidding documents.

3. First trial

(1) Compliance review of bidding documents

1) Validity period of bidding documents

2) Integrity of bidding documents

3) Consistency with the bidding documents

(2) Questioning the bidding documents and asking the bidders to give explanations and clarifications in writing.

(3) The information of invalid bidding shall be consistent with the bidding documents and relevant state regulations.

4. Detailed review

(1) personnel to assist in bid evaluation. The staff shall assist the judges to calculate, review and summarize the bid evaluation scores of each tender.

(2) Review procedures

1) The main contents of technical review include the feasibility of construction scheme, the reliability of construction progress, the guarantee of construction quality, the skills of engineering materials and mechanical equipment supply to meet the design technical requirements, and the technical review of the proposed scheme submitted in the bidding documents in accordance with the provisions of the bidding documents.

2) The main contents of business evaluation include checking the correctness of all quotation data calculation, analyzing the rationality of quotation data, and conducting business evaluation on the proposed scheme.

3) Clarification of Bidding Documents The Bid Evaluation Committee may make an appointment with the bidder to clarify its bidding documents, ask questions orally or in writing, and ask the bidder to answer, and then the bidder will give a formal written reply within the specified time. Clarification and confirmation must be formally signed by the authorized representative and become an integral part of the tender documents.

5. Bid evaluation report

(1) The contents of the report mainly include basic information and data sheet, list of members of the bid evaluation committee, bid opening records, list of qualified bids, description of bid rejection, list of bid evaluation criteria, bid evaluation methods or factors, list of bid evaluation comparisons, ranking of evaluated bidders, and minutes of clarification and correction.

(2) The bid evaluation report shall be signed by the members of the bid evaluation committee.

(3) Submit a written bid evaluation report and dissolve the bid evaluation committee.

6. Recommend successful candidates.

The number of successful candidates recommended by the bid evaluation committee shall be limited to 1~3, and the ranking shall be indicated.

X. calibration

The evaluation results shall be publicized on the website of the Municipal Engineering Trading Center, and the publicity time shall not be less than three working days.

Eleven, issued a notice of winning the bid for construction projects.

1, issue a letter of acceptance.

2. Preparation for negotiation

1) Composition of negotiators.

2) Pay attention to data collection of related projects.

3) Through the analysis of the negotiation subjects and their situations, it is clear about the contents of the negotiation, and there is no room for bargaining by either party, and there are no disputes, ambiguities, loopholes and related defects in the terms stipulated in the contract.

4) Draw up a negotiation plan.

Twelve. Contract negotiation and signing before signing.

1, contract negotiation before signing

When negotiating at the appointed place, we should take the initiative, not be too conservative and radical, pay attention to body language, pronunciation and intonation, correctly control the negotiation agenda, talk about the problem from the other side's point of view, and implement the principle of harming others and benefiting themselves.

Step 2 sign a contract

The tenderer and the winning bidder shall sign the contract within 30 working days after the bid-winning notice is issued and pay the performance bond.

Thirteen. Refund of bid bond

Within 5 working days after signing the contract with the winning bidder, the tenderer shall return the bid bond to the winning bidder and the unsuccessful bidder.

The common problems in the bidding process are 14. Where are you exploited?

Take advantage of program loopholes

1, make money with bidding documents

When a tender is issued by a tender unit, it is necessary to pay thousands or even tens of thousands of so-called work fees to the tender unit, regardless of whether it wins the bid.

2. Earn interest with margin.

Some places stipulate that bidding enterprises must pay 10% of the total project cost as the project deposit before bidding. If a number of enterprises bid, the total amount is millions of yuan. Sometimes the project can't be settled for a long time for various reasons, and the deposit has been pressed for at least half a year. After the successful bidder is determined, the bidder will delay the recovery of the deposit from the bidder.

3. The bid inviting unit shall not set obstacles to collect fees.

In bidding, enterprises know that some bidders have set up cost traps, but in order to win the bid, they have to go in, and the various relationship fees spent on a project are getting higher and higher. Some enterprises have reported that it is common for a tender to cost tens of thousands or even hundreds of thousands, and it is not bad to invest one or two in the tender of 10.

4. A huge difference.

Enterprises are required to participate in the bidding with a huge margin of more than 30%. For example, for a project with a cost of only 30 million yuan, the enterprises required to participate in the bidding must pay a bid bond of 6,543,800 yuan (and refuse the bank guarantee). If they win the bid, the funds will be converted into performance bond, and the construction and installation cost of the project is only 30 million yuan. The bid bond accounts for more than 33% of the total cost, which greatly exceeds the upper limit of the performance bond (generally 10% of the contract price). Some bidders and interested units set up "traps" to scare off potential opponents who don't know the inside story with huge deposits.

5. The project has an intermediary to operate.

The bidder can only contact the owner through the engineering intermediary. Without the operation of the intermediary, it is impossible to obtain valuable information, compile a tender that satisfies the judges, quote a price close to the pre-tender price and win the bid. And those intermediaries with a wide network of contacts are close relatives and friends who have interests with the bidding unit or bidding management department.

6, conclude a contract of Yin and Yang

In order not to violate the contract law and to meet the inspection of the relevant departments, the superficial contract is called an active contract. Behind the scenes, according to the prior agreement, let the contractor sign a truly binding actual contract, and recover a larger part of the profits and subcontract them separately. If the unit that signed the positive contract does not agree with the "negative contract" of the tendering unit, it will not get the project and the contractor will have to compromise.

Take advantage of operational loopholes

7. covert operations.

After pre-qualification, the tendering unit identified several tendering units and organized a huge investigation team to inspect the units to be tendered. The bidding units are enthusiastic and spend money like water. In fact, before the inspection, the tendering unit has already determined an intentional unit, and set up bid evaluation procedures and methods for it according to the enterprise characteristics, bid-winning quotation and construction technical scheme of the intentional unit.

8. Xenophobic collusion

The bidding unit selects several bidding units, including local enterprises, foreign enterprises and central enterprises. The bid evaluation method stipulates that the bid evaluation shall be based on a percentage system, and the winner with the highest score will win the bid. In the commercial bid, the total contract management fee is 5 points, the floating rate of main materials is 4 points, and the organization fee is 5 points. All indicators of an enterprise are based on the arithmetic average of several tendering units. The bidding results of several local enterprises are very close. Among them, the organization cost is quite close to the market price and several times higher than the market price, while the general contracting management fee is a unified value, so we make a fuss about the downward floating rate of main materials, and only list it with a small gap of 1.5%. In this way, the arithmetic average is naturally controlled by these local enterprises, thus eliminating other competitors.

9, dismembered project blocks

In the tender documents, a certain paragraph is clearly awarded as a bid section. However, in bidding, if there are two bidding enterprises with similar conditions in all aspects, then their operating relationship is also "hard". In order to achieve a balance, the tendering unit will split an established tender into two tenders, each of which will win the bid, and all three parties will be happy. Then divide the whole project into several pieces, and some even dismember it into more than a dozen pieces. It is arbitrarily stipulated in the tender that this part of the sub-item is not in the bidding scope, that part of the material is not in the bidding circle, and the dismembered part is a high-profit part.

10, the manufacturing time difference to achieve the target.

In the name of seizing time, the tendering unit deliberately shortened the deadline for purchasing tenders or bids, and arranged the deadline for purchasing tenders on the day after the announcement, so that most competitive enterprises could not participate in the purchase. Only those enterprises that have a relationship with the owners can dispose of, give up or invalidate them at will without knowing it or because of lack of time.

1 1, exposing the black-box manipulation of the pre-tender estimate

If a project bidding is divided into several majors, there are multiple single pre-tender prices. Among the bidding construction units, A 1, A2 and A3 bid, some individual pre-tender prices are known through insiders, but the total pre-tender price is unknown. The day before the bid opening, the tender unit found three construction companies to quote, and all three companies were close to the pre-tender estimate. However, before the bid opening, the bidding management department violated the bidding procedures and asked the leaders of three construction enterprises whether the quoted prices included preferential price reduction, so as to give an intentional unit that was not close to the pre-tender price a chance to win the bid. A2 and A3 units dare not answer. At this time, A 1 unit with known pre-tender estimate boldly replies, and the quotation does not contain preferential price, and it can be further reduced. Finally, A 1 unit won the bid as scheduled.

Take advantage of regulatory loopholes

12, "public bid evaluation" is not made public.

In the process of bidding, the approved pre-tender price is not announced after the bidder quotes and before the evaluation by the judges, but when the winning bidder is announced after the evaluation by the judges. If the tenderer opens the package in front of the bidders and quotes the price. But it is not clear whether this is a pre-approved pre-tender estimate or an adjusted pre-tender estimate during bid evaluation.

13. The bid evaluation intention shall be determined by the tenderer, and the bid evaluation method shall not be changed at will.

In project bidding, the enterprise shall become the winning bidder according to the technical bid, commercial bid and on-site defense. However, because it was not the intention of the tendering unit, there was no on-the-spot calibration. The tendering unit will ask the judges to conduct "closed bid evaluation" and change to a successful bidder. In the project bidding, the tendering unit formulated the bid evaluation and calibration method and obtained approval. However, if some bidders have a "strong operation" relationship, after the completion of the bid opening work, the tenderer will bid by modifying the bid evaluation and calibration method.

14, defaulting on the bidding project payment.

The tender indicates that payment will start when the project is 30%-50% completed. The actual situation is that it is difficult for the construction party to get money from Party A when 30% is completed. It is difficult to get the project payment after some projects are completed.