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Performance requirements of bidding documents
The bidding documents mainly include the following contents:
1. Tender announcement.
4. Instructions to Bidders. In other words, the bidding rules are formulated in detail so that bidders can follow them when bidding. The main contents of the manual include:
(1) Source of funds.
(2) If there is no prequalification, the bidder's qualification shall be required.
(3) Requirements for the origin of goods.
(4) Clarification procedures of tender documents and bid documents.
5] The content requirements of the tender documents.
[6] Bidding language. Especially in international bidding, because the suppliers who participate in bidding come from all over the world, the bidding language must be specified.
Once the bid price and currency are stipulated. Specify the scope of bid quotation, that is, what aspects should be included in the quotation, and unify the quotation caliber, so as to calculate and compare the lowest bid evaluation price during bid evaluation.
Being modify and cancel the provisions of the tender documents.
(9) Bid document format and bid bond requirements.
⑽ Evaluation criteria and procedures.
⑾ Domestic preferential regulations.
⑿ Bidding procedures.
[13] bid validity period.
14. Bidding deadline.
⒂ Time and place of bid opening, etc.
Article 20 of the Bidding Law stipulates that the bidding documents shall not require or indicate specific producers, suppliers or other contents that tend to exclude potential bidders.
Article 19 of the Bidding Law stipulates the contents that must be included in the bidding documents, which will enable suppliers or contractors to submit bids that meet the needs of the tenderee and enable the tenderee to compare them in an objective and fair way, thus reflecting the openness, fairness and justice of the bidding procedure.
This requires that the contents specified in the tender documents, especially the technical specifications, must meet the requirements of fair competition. All technical specifications or other contents specified in the tender documents shall not require or indicate a specific patent, trademark or commodity name, design or model, a specific country of origin or manufacturer, and shall not favor or exclude potential bidders.
However, if the characteristics and requirements of the project subject to tender cannot be accurately or clearly stated, and the words "equivalent" or "equivalent" have been indicated in the tender documents, this restriction shall not apply.
According to the laws of our country, a trademark approved and registered by the Trademark Office is a registered trademark, and trademark registration enjoys the exclusive right to use a trademark and is protected by law. The so-called trade name refers to the performance, specifications and dimensions of enterprises or other industrial products.
The so-called country of origin means that the name of a region (such as "French white grape spice") or the name of a country (such as "Jingdezhen porcelain") indicates the origin or place of origin of a commodity, and the commodity is closely related to the geographical name (regardless of size) in terms of quality, function or other characteristics.
It can be seen that the reference to the above-mentioned specific patents, trademarks and other exclusive rights or specific designs, models, countries of origin or manufacturers actually indicates that only this specific manufacturer or product meets the wishes of the tenderer, and other manufacturers or products are not included, which obviously restricts and excludes other potential bidders.
The so-called "content that benefits or excludes potential bidders" implies that it benefits or excludes specific potential bids. This is also aimed at and beneficial to specific manufacturers or products, while restricting and excluding other manufacturers or products, so it should also be banned.
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