A few days ago, the draft of the national development and Reform Commission on the amendment of the bidding law and the regulations on the implementation of the bidding law has been signed and officially implemented on December 28, 2017. Among them, the most concerned point is that the bidder can directly determine the winning bidder
previously, the legal basis for “winning the bid at the lowest price” was the bidding law. According to the law of the people’s Republic of China on Tendering and bidding, the bid of the successful bidder shall meet one of the following conditions: (1) it can meet the comprehensive evaluation standards specified in the bidding documents to the maximum extent(2) 1t can meet the substantive requirements of the bidding documents, and the evaluated bid price is the lowest; Except that the tender price is lower than the cost. “
as for the principle of “winning the bid at the lowest price”, almost all manufacturing enterprises unanimously said that “winning the bid at the lowest price” has affected fair competition and reduced product quality, which has become an obstacle to the revitalization of the real economy” No enterprise is willing to participate in “winning the bid at the lowest price”, but now the market environment has been disturbed, and the industrial chain is conducting vicious transmission from the downstream to the upstream: if the price is not lowered, it will not win the bid; 1f we win the bid, the quality of our products will often decline. ” People in the industry said
before modification, the first candidate for winning the bid is the successful bidder
after modification, the bid inviting party can authorize the judges to directly determine the bid winner, and can choose the first candidate as the bid winner or not
therefore, from December 28, 2017, even if it becomes the first candidate for winning the bid, the owner may not choose it as the successful bidder
in the future, product quality and customer relationship will become important indicators to weigh whether cooperation or not. 1t will be more and more difficult for those who want to offset the bid at a low price and bid directly without work
in addition, the Ministry of Finance issued the Ministry of Finance Order No. 87 “measures for the administration of government procurement of goods and services bidding” a few days ago, which also clearly states that the bid evaluation committee considers that the quotation of the bidder is significantly lower than that of other bidders who have passed the compliance review, which may affect the product quality or fail to perform the contract in good faith, They shall be required to provide written explanations within a reasonable time at the bid evaluation site, and submit relevant supporting materials when necessary; 1f a bidder fails to prove the rationality of its offer, the bid evaluation committee shall treat it as an invalid bid
the measures should pay special attention to the following points:
first, the price of the bid price compared with other bidders refers to “the price of other bidders”, which is not commonly referred to as “cost price”, because “cost price” is sometimes difficult to determine directly and controversial, and it is easy to operate by directly comparing with “the price of other bidders”, For example, if there are nine bidders, eight of them offer about 100 million yuan, and the other is 80 million yuan, it may be necessary to make a “reasonable” explanation
secondly, if the price is significantly lower than that quoted by other bidders, it may affect the product quality or fail to perform the contract in good faith. The word used here is “possible”. 1f the price is too low, there is “possible”, so it is necessary to clarify
thirdly, they should be required to provide written explanations within a reasonable time at the bid evaluation site, and submit relevant supporting materials when necessary. What we should pay attention to here is the “reasonable time on the site of bid evaluation”, which is of great significance. 1t avoids off-site human feelings. 1t also means that whether the “bid” is effective or not is decided on the spot< (4) if the bidder fails to prove the rationality of its offer, the bid evaluation committee shall treat it as invalid. The word used here is "should" instead of "can", which means that the "measures" directly stipulates that this situation is "invalid tender" at present, the phenomenon of “winning the bid at a low price” exists in some places, which leads to the dilemma of the good quitting and the bad fooling in the competition of winning the bid at the lowest price. This has become a prominent obstacle for enterprises to improve product quality, which needs to be treated and standardized. 1n infrastructure and real estate. Winning the bid at the lowest price often makes the contractor unprofitable or even cry out at a loss. The Contractor’s response is often to stop the construction of the project, maliciously default on the salary and so on. Winning the bid at the lowest price often ferments from simple economic disputes to social problems the era of “winning the bid at the lowest price” has come to an end the complete version of the comparison table before and after the modification of the bidding law and the regulations on the implementation of bidding is attached below; word-wrap: break-word ! im