What are the criteria and rules for bid evaluation?

Bidding scoring standards and rules shall be formulated according to the bidding documents or prequalification documents provided at the time and place specified in the tender announcement, prequalification announcement or invitation to bid, and the time limit shall not be less than 5 working days from the date of publication of the tender announcement and prequalification announcement. , the provision period shall not be less than 5 working days from the date of publication of the tender announcement and prequalification announcement.

If the provisions on bid evaluation criteria in bidding laws and regulations are not written in the bidding documents, can they be used as the basis for bid evaluation?

Indeed, there are provisions on bid evaluation criteria in the Regulations for the Implementation of the Bidding Law and the Interim Provisions on Bid Evaluation Committees and Methods. For example, Article 51 of the Regulations for the Implementation of the Bidding Law stipulates several situations in which the bid evaluation committee should reject the bid, while Articles 23 and 25 of the Interim Provisions on the Bid Evaluation Committee and Methods contain several situations in which the bid documents are obviously deviated and the provisions that should be rejected. However, despite this, the above provisions cannot be directly used as the basis for bid evaluation by the bid evaluation committee.

For bidders, bidding documents are the bible in bidding activities. Bidders are obliged to carefully understand the spirit of the bidding documents, bid according to the rules determined in the bidding documents, and choose the most favorable bidding strategy for themselves. Bidders are not obliged to learn the bidding law, nor do they have to be experts in bidding. On the contrary, the tenderee has the obligation to seriously study the Bidding Law or become an expert in bidding, and organize bidding activities in accordance with the provisions of bidding laws and regulations. The tenderer shall prepare the tender documents in strict accordance with the provisions of laws and regulations. The provisions on bid evaluation criteria in bidding laws and regulations must be written into the bidding documents and become the basis for bid evaluation.

If the provisions on bid evaluation in the bidding documents are inconsistent with those in the bidding laws and regulations, thus affecting the bid-winning result, the bid evaluation committee shall stop bid evaluation and ask the tenderer to modify the bidding documents and re-bid, instead of simply conducting bid evaluation directly in accordance with the provisions of the bidding laws and regulations. For example, Article 51, Paragraph 1, Item 7 of the Regulations for the Implementation of the Bidding Law stipulates that if a bidder commits illegal acts such as collusion in bidding, fraud and bribery, the bid evaluation committee shall reject his bid. If it is found in the bid evaluation that the bidder has the above situation, but the tender documents do not stipulate that his bid should be rejected under the above circumstances, the bid evaluation committee cannot reject his bid, but should stop the bid evaluation and ask the tenderer to modify the tender documents and bid again.

Legal basis:

Measures for the administration of bidding for government procurement of goods and services

Article 18 A purchaser or procurement agency shall provide the tender documents or prequalification documents at the time and place specified in the tender announcement, prequalification announcement or invitation to bid, and the period for providing the tender documents or prequalification documents shall not be less than 5 working days from the date of publication of the tender announcement and prequalification announcement. After the expiration of the offer period, if there are less than three potential bidders who have obtained the tender documents or pre-qualification documents, the offer period may be extended and announced. If prequalification is conducted through public bidding, the tender announcement and prequalification announcement can be jointly issued, and the tender documents should be provided to all suppliers who have passed prequalification.