Common causes and countermeasures of invalid bid in bidding

Cancellation of the bid means that the bidder loses his qualification and is eliminated before the substantive competition in the bidding process begins, which means that the bidder is "but he is dead before he can conquer". In the bidding activities, it is inevitable to cancel the bidding. It is believed that bidders who have frequently participated in bidding in recent years but have never encountered the bad luck of losing their bids must be rare.

Although the phenomenon of invalid bids reflects the seriousness and fairness of the bidding system to a certain extent, it is a pain for many bidders to be harassed by invalid bids frequently in the fierce market competition. Some people even think that a large number of invalid bids have become a hidden worry under the fair bidding system.

Today, Bian Xiao of Baobiao Tendering Network will take you to analyze the common reasons for invalid bids. I hope to change anything and encourage you to win the bid!

Reasons for refusing to bid in general

1 The preparation level of bidding documents is not high.

Bidding documents are an important basis for guiding bidders to bid, but the current level of compiling bidding documents is not optimistic. Although many times the bidding agency is a bidding agency, many bidding agencies don't know much about the bidding project, which is often limited to an armchair strategist. They usually blindly apply ready-made bidding documents, but ignore the differences between bidding projects.

In the bidding documents, there are often clauses that are uncoordinated, even inconsistent and contradictory with the bidding project. They should be clear and vague, and there should be no rules. When bidding, the bidder had to ponder and guess according to his own experience, which led to the rejection of the bid.

For example, there is a tender document that stipulates in the instructions that "the bidder shall quote according to the bill of quantities provided by the tenderer, and the listed items without comprehensive unit price will be regarded as expenses included in the expenses of other listed items or the bidder has provided work for free", while in the bill of quantities part of the tender document, the tenderer also stipulates that "the bidder shall quote according to the bill of quantities provided by the tenderer, and there shall be no omissions". As a result, some bidders missed an item with only a few tens of yuan because of carelessness.

There are too many strict terms in the bidding documents.

In order to prevent disputes from arising, some bidders have stipulated a large number of detailed clauses for the cancellation of bids in their bidding documents, and there are dozens of clauses for the cancellation of bids in some bidding documents in Ethiopia. With the increase of the clauses of invalid bids, the phenomenon of invalid bids frequently appears.

Some terms in the bidding documents are almost harsh, and the bidding deviation that should be handled according to the slight deviation in the bidding documents is also stipulated as invalid bidding terms. For example, some tender documents stipulate that the original and copy of the tender documents are also treated as invalid bids, and as a result, a bidder is sentenced to invalid bidding because he negligently forgets to stamp the tender letter of the copy of the tender documents.

According to the relevant laws and regulations, if the bidding documents do not respond to the substantive requirements in the bidding documents, they shall be regarded as invalid bidding. However, all laws and regulations, including the Bidding Law, do not specify which requirements in the bidding documents belong to substantive requirements. A bidder even stipulated in the tender document: "All requirements in this tender document are substantive requirements". As a result, there are "high-voltage lines" everywhere in the bidding documents, and bidders are "sacrificed" carelessly.

3 The bidding level is uneven

According to China's current system, formally speaking, enterprises bid (because only enterprises have corresponding qualifications), but in fact, many branches and project managers are bidding. Because these branches and project managers are independent of each other in business management and economic accounting, it is difficult to share bidding information and resources among ministries within an enterprise, resulting in uneven bidding level.

Therefore, we often find that an enterprise was judged as an invalid bid in this tender, and in the tender shortly after that, the enterprise was judged as an invalid bid for almost the same reason, which makes people laugh and cry. The real reason is that these two tenders are operated by two completely different teams of the same enterprise.

In addition, the bidding activity itself is a "systematic project", which is more complicated. Many enterprises are divided by different personnel and departments. For example, in some enterprises, the management department is responsible for communicating and answering questions with the tenderee, the cost department is responsible for preparing the technical part of the tender documents, and the financial department is responsible for handling the bid bond.

Due to the lack of necessary overall planning, coordination and cohesion, it is difficult for bidding documents completed by multiple departments to form an organic and unified whole, and the contents cannot be consistent, which may easily lead to the rejection of bids. Moreover, the more serious problem is that if there is no necessary reward and punishment incentive system, the work objectives and sense of responsibility of all participating departments and personnel are inconsistent, the actions are scattered, whether the bid is won or not is irrelevant, the bidding documents are prepared hastily, and there is a lack of communication, which is more likely to lead to the rejection of the bid.

4 There are differences in bidding rules in different places.

Although the bidding laws and regulations implemented in various places are basically unified, there are still great differences in specific operations. Bidding supervision departments at all levels have issued a large number of "red-headed documents", which have actually stipulated local specific bidding rules and formed a unique "convention" for local bidding.

If some local documents stipulate that the project manager must bring his ID card to attend the meeting in person when opening bids, otherwise his bid documents will be regarded as invalid. A foreign company, because it is not clear about the local "regulations", only the authorized client of the tender will attend the bid opening meeting, but the project manager is far away, and its tender documents are judged as invalid.

5. The bid evaluation committee abuses its discretion.

According to the provisions of the Bidding Law, bid evaluation activities are generally conducted in a closed and confidential state, and bidders cannot have the opportunity to communicate directly with the bid evaluation committee and explain and clarify. Due to the uneven quality level and experience ability of the members of the bid evaluation committee, the temporary nature of the bid evaluation committee (the bid evaluation committee will be dissolved after the bid evaluation), randomness (more than two thirds of the members of the bid evaluation committee need to be randomly selected from the expert database) and the complexity of bid evaluation activities, the bid evaluation process has become the focus of attention of tenderers and bidders, and its core is how to effectively prevent the bid evaluation committee from abusing its "discretion". Now, it seems that the biggest discretion of the bid evaluation committee lies in the judgment of the invalid bid.

In the determination of bid deviation. Minor deviation will not affect the validity of the bidding documents, and major deviation will lead to the rejection of the bid. However, there is no clear quantitative standard between minor deviation and major deviation, and in many cases, it needs the discretion of the bid evaluation Committee.

In practice, it is precisely because of the lack of such quantitative standards that it is sometimes difficult for the bid evaluation Committee to define major deviations. Therefore, from the point of view of reducing troubles and avoiding bidders' complaints, vague deviations are often regarded as major deviations. We found that some bid evaluation committees have some defects, big or small.

In the process of bid evaluation, as long as some bid evaluation committees find some places that do not meet the requirements of the bidding documents, they think that the bidding documents do not meet the substantive requirements of the bidding documents and judge them as invalid bids; Some bid evaluation committees feel "uncertain" and unsafe when they find that the bidder's offer is low, and subjectively have the idea of canceling the bid by judging that it is lower than the cost; In order to achieve some abnormal purpose, some members of the bid evaluation committee deliberately try their best to find problems, find faults and reject bids. It is precisely because of the above reasons that a large number of waste bids have appeared.

How do bidders respond?

1 Learn "red-headed documents" and learn about local practices.

In recent years, blatant regional blockades have been rare, but the potential invisible obstacles caused by the "red-headed documents" promulgated by local authorities still exist. Such as: bidding requirements, charging standards of various fees, which fees cannot be discounted, preparation, sealing, marking and submission of bidding documents, etc.

On the one hand, bidders should carefully study the provisions of these documents, understand local practices through various channels, or directly consult local bidding and supervision departments; On the other hand, we should pay attention to the changes and updates of these regulations, which is particularly important for bidders who do not often participate in bidding or come from other places. In addition, we should learn from the experience and lessons of other bidders. Some bidders often talk about other people's mistakes, but they can't guarantee that they won't make the same mistakes.

Be familiar with the bidding documents and ask questions frequently.

The current tender documents are generally thick and comprehensive. Bidders must read the bidding documents carefully, and cannot rashly think that the bidding documents are all the same just because they often bid.

Since the deadline from issuing the tender documents to submitting the tender documents needs at least 20 days, many bidders think it is too early to leave after getting the tender documents, but it is actually impossible.

We can't think 20 days is a long time. For most engineering projects, it is not easy to complete a complete and qualified bidding document in 20 days. If the tenderee makes necessary clarifications or amendments to the issued tender documents, it must do so at least 15 days before the deadline for submitting brown desert soil documents. Moreover, it is generally stipulated in the tender documents that the bidder must raise all questions and questions within 2-3 days after receiving the tender documents, and the tenderer generally does not answer questions beyond this time limit, otherwise the bid opening time must be postponed.

Therefore, we must seize the time after bidding and organize relevant personnel to seriously study the bidding documents. If there are contradictions or ambiguities in the bidding documents, and if the bidders raise them in preparation, we can't wait and see or hope that other bidders will raise all the questions. Otherwise, it is difficult to raise and solve these problems when the bid opening is approaching. Some tender preparers are at a loss when they encounter problems in the process of preparing the tender, and it is impossible to get a clear answer when asking the tenderer. They have to grasp it themselves, make their own decisions, and follow their feelings. In the end, they will suffer.

3. Establish a reward and punishment system, with multiple people auditing and checking.

Compiling bidding documents is a complicated task, which requires the cooperation of several departments and professionals to complete the task. However, the work mode of division of labor and cooperation will also bring great problems. Everyone has a responsibility, but in fact everyone has no responsibility, which is particularly prone to unclear responsibilities.

Therefore, on the basis of division of labor, there must be overall planning. After a tender document is compiled, it must be compiled and reviewed by someone, and some of them are self-contradictory, inconsistent, repetitive, wrong and arrogant. For example, the "standards" and "specifications" in the tender documents, and the "materials and equipment purchase fees" and "preparation fees" specified by the tenderer must be guaranteed to be accurate. You can also review the bidding documents from the perspective of the judges' evaluation and compare them with the bidding documents to see if there are any problems and deviations that do not respond to the requirements of the bidding documents.

In addition, it is necessary to establish the necessary reward and punishment system. After each tender, we should conscientiously sum up the experience and lessons, not only "reward according to merit", but also impose economic penalties on those irresponsible departments and individuals, reflecting the principle of "clear reward and punishment".

4 take seriously the clarification and modification of the tender documents

Clarification and modification of the tender documents are clarification, supplement and modification of the issued tender documents. If there is any inconsistency between the two, the clarification and modification of the bidding documents shall prevail. Because the clarification and modification of bidding documents usually appear in the form of clauses, the content is discontinuous and the context is incoherent, which makes it difficult to read, and many bidders do not attach great importance to it. For example, modify existing items in the bill of quantities, or add views.

For example, if the existing items in the bill of quantities are modified, or items are added or deleted, the bidder needs to modify the bill of quantities by himself when preparing the bidding documents, otherwise it will easily lead to invalid bidding. A better way is to bind the clarification and modification documents of the tender documents together with the tender documents, and mark the relevant modification curtains one by one in a striking way in the new tender documents, so as to prevent the editors from neglecting one thing and paying attention to another.

In addition, it should be noted that some tender preparers often consult the tenderee by telephone when they encounter problems, and prepare the tender according to their answers. In fact, this practice is very dangerous, because in the bidding process, the written reply must prevail, and the oral reply is invalid. Once the bidder cancels the bid due to the oral reply of the tenderer, the tenderer will not bear the responsibility, and the bidder shall bear it by itself.

5. Pay attention to the bid bond

Besides cash, the bid bond can be a bank guarantee, a confirmed check, a bank draft or a cash check issued by a bank. The bidder must submit the bid bond in accordance with the requirements of the tender documents, and there shall be no defects. However, the bidder's financial personnel or bank often make mistakes when filling in checks and drafts, such as missing the payee's name, not writing the amount, filling in the wrong date of issuance, unclear or uneven seals, etc. There are countless cases in which the bid bond is invalid due to these low-level mistakes.

Therefore, the bidder's financial personnel must seriously study the "People's Republic of China (PRC) Negotiable Instruments Law" and cannot take it for granted just because there is no problem in doing so. Traditionally, when issuing a transfer check, the payee's name and amount are often not written, but filled in by the payee. However, strictly according to the negotiable instrument law, checks without these elements are invalid, and it should be invalid to use such checks as bid security.

6. Make a good bidding plan

Bidding is a strict activity. To be sure, it is necessary to make a good bidding plan and clarify the division of responsibilities of the corresponding departments and personnel. Some foreign bidders don't know much about the local traffic conditions and often underestimate the traffic conditions. Due to negligence, they arrived at the bid opening site after the deadline of bidding documents and had to leave with regret. Therefore, the bidder must fully foresee the possible situation and leave enough time to avoid these low-level mistakes.

7 problems that should be paid attention to in the process of bid evaluation

In the process of bid evaluation, the bid evaluation committee requires the bidders to make necessary clarifications, explanations or corrections on the contents with unclear meanings, inconsistent statements on similar issues or obvious errors in words and calculations. It can be said with certainty that all questions raised by the Bid Evaluation Committee to bidders are deviations or errors in brown desert soil's bidding documents, and most of them are related to the big question of whether to cancel the bid, otherwise the Bid Evaluation Committee will not ask them under normal circumstances.

The authorized representative of the bidder should be cautious when answering, communicate with the tender preparers in time, carefully compare the bidding documents, especially the terms of invalid bidding, and think about why the bid evaluation committee asks this question and how to answer it is in the best interests of itself, so as to avoid falling into the trap.

Reasons for refusing to bid because of bidding errors.

1 business standard

1, Letter of Tender and Appendix

① unsigned;

(2) Fill in the form incorrectly (for example, the proportion of warranty money does not conform to the provisions of the bidding documents or bidding period, etc.). ).

2. Confirmation Letter of Reasonable Pricing of the Project

(1) Error in quotation;

(2) Signature without seal (official seal, corporate seal and cost seal).

3. The bidding documents of the consortium do not conform to the format specified in the bidding documents.

4. Lack of bid bond payment voucher and enterprise basic account account opening license.

5, the lack of major materials and equipment brand selection table.

2 technical bidding documents

(A) The first part

1, the cover is not stamped or signed.

2, the project team is not in conformity with the requirements.

(1) Personnel are equipped with projects under construction;

(2) Staffing for online filing;

(3) The qualification grade of personnel does not meet the requirements of the tender documents;

(4) The appointment letter and power of attorney of the general manager of the project are incomplete (see whether the bidding documents require it);

(5) Lack of project manager's commitment to projects not under construction;

(6) The social security certificate is missing (or the declaration time is incorrect);

(7) The labor contract is missing (or the labor contract expires).

(ii) Part II

1, the seal will not be stamped or signed;

2. Missing bill of materials;

3. There is a principled error in the network diagram of the construction period;

4, the lack of materials, machinery and equipment schedule;

5. The company seal appears on the construction site plan;

6. The bidding period does not meet the requirements.

3 Post-qualification review

1, lack of safety production license;

2. Lack of a copy of the qualification certificate of the project manager or budget officer;

3, or other required information is incomplete or inconsistent.

4 bill of quantities

1, the bill of quantities is inconsistent with the Q&A summary;

2. The project subtitle is inconsistent with the list code;

3. The electronic pricing document is inconsistent with the substantive content of the written document;

4. Electronic files cannot be run.

5 bid opening site

1. The project manager fails to arrive at the site on time and produce valid identification documents;

2. The authorized client has no power of attorney or the power of attorney does not meet the requirements of the tender documents (there is a record and the written materials are incorrectly filled in; Issue valid identification) or arrive at the scene on time;

3. After the on-site qualification examination, the necessary originals cannot be issued after the qualification examination:

(1) Purchase bidding receipt;

(2) Project manager certificate (professional title certificate or builder certificate)

(3) Qualification certificate of budget officer

(4) Business license of the enterprise

(5) Qualification certificate

(6) Safety production license

(7) The original labor contract of the project manager, budget officer and client.

(8) Original social security certificates of project team members.

4. The deposit failed to be transferred to the designated account in time.

5. Other matters shall be determined according to the specific tender documents.

abstract

We must attach great importance to the problem of invalid bidding. On the one hand, it is necessary to constantly improve the professional quality of tenderers, tendering agencies and bid evaluation experts, and standardize the work of all links in the bidding process; On the other hand, bidders must also take measures to actively deal with this problem, constantly learn from the existing experience and lessons, improve the sense of responsibility of bid preparers, and hone and improve their bidding level in the competition.

For more information about project/service/procurement bidding, and to improve the winning rate, please click on the bottom of official website Customer Service for free consultation:/#/? source=bdzd