[Comprehensive] Chairman's Order: In the future, government procurement can directly specify the winning bidder

A few days ago, the NDRC revised the draft of the “Tendering and Bidding Law” and the “Implementation Regulations of the Tender and Bidding Law,” which has been signed and will be officially implemented on December 28, 2017. Among them, one of the most popular concerns is that the tenderee can directly determine the successful bidder.

Before, the legal basis for the "lowest price bid" was the "Tender Bidding Law." China's "Tendering and Bidding Law" stipulates that the bid winner's bid shall meet one of the following conditions: "(1) It can satisfy all the comprehensive evaluation criteria as stipulated in the bidding documents; (2) It can satisfy the substantive requirements of the bidding documents. And the lowest evaluated bid price; except for bid prices below cost."

Regarding the principle of “lowest price bid”, almost the entire manufacturing industry has unanimously stated that “lowest price bid” affects legitimate competition and reduces product quality, and has become an obstacle to the revitalization of the real economy. "No company is willing to participate in the 'minimum bid', but now the market environment has been disrupted, the industrial chain from the lower reaches of the upper reaches of the malignant conduction: not to suppress prices, in the standard; in the standard, product quality tends to decline." Industry sources said.

Prior to the amendment, the winning candidate who ranked first was the winning bidder.

After the amendment, the tenderee may authorize the judges to directly determine the winning bidder, and may choose the first winning bidder as the winning bidder, or he may not select the first winning bidder as the winning bidder.

Therefore, starting from December 28, 2017, even if it becomes the first winning candidate, the owner may not choose it as the winning bidder.

In the future, product quality and customer relationships will become important indicators of trade-offs. If you want to bid at a low price, if you do not do your work directly, the bid will become more and more difficult.

In addition, the Ministry of Finance issued the Ministry of Finance's Order No. 87 “Measures for the Administration of Public Procurement of Goods and Services for Public Procurement” clearly stated that the bid evaluation committee considers bidders’ bids to be significantly lower than those of other bidders who pass the conformity review, which may affect the If the quality of the product or the performance of the product cannot be performed in good faith, it shall require him to provide a written explanation within a reasonable time within the bid evaluation site and submit relevant certification materials if necessary; if the bidder cannot prove the reasonableness of its quotation, the bid evaluation committee shall treat it as an invalid bid. .

The "Measures" need special attention as follows:

First, the price of this bid is compared with that of other bidders, and the reference object is the “price of other bidders”. This is not the “cost price” people often say because “cost price” is sometimes difficult to directly determine. The controversy is also very large. It is directly comparable to the "price of other bidders" and is easy to operate. For example, if there are nine bidders, eight bidders offer 100 million or so, and if the other 80 million, they may need to proceed." Reasonable explanation.

Second, the price is significantly lower than the bid prices of other bidders, which may affect the quality of products or fail to perform in good faith. The word used here is "possible." It can be argued that if the price is too low, "possibility" exists, so it is inevitably clarified.

Third, they should be required to provide written explanation within a reasonable time in the bid evaluation site, and submit relevant certification materials if necessary. It should be noted here that "a reasonable time for the bid evaluation site" is of great significance. It avoids off-site friendship, and it also means whether the "bidding" is effective or not. It is decided on the spot.

Fourth, if the bidder cannot prove the reasonableness of its quotation, the bid evaluation committee shall treat it as an invalid bid. The word used here is "should" rather than "may", that is, the "measures" directly stipulate that this situation is "invalid bidding."

At present, the phenomenon of “low-price winning bids” exists in some places in bidding, which leads to the difficulties in exiting the bad-winners in the competition with the lowest bid. This has become a prominent obstacle for enterprises to improve product quality and urgently needs to be regulated and standardized. And in the infrastructure and real estate industry. The bid for the lowest price often makes the contractor unprofitable or even lose money. The contractor’s countermeasures are often construction stoppages, malicious delays in remuneration and so on. The lowest bid is often fermented from a pure economic dispute into a social problem.

The era of "lowest bid" has been ended.

The following is attached with the complete version of the Bidding Law and the Bidding Regulations