Due to violations in the first bidding process, “Liaobu Town Central District LED Street Light Reconstruction and Maintenance (EMC) Project” (Purchase No.: LB201301) (hereinafter referred to as “Liaobu LED Street Light Project”) faces secondary bidding awkward.
Recently, after receiving the complaint from the bidding unit, the Dongguan Municipal Finance Bureau found that the Liaobu LED street light project was ordered to re-launch its procurement activities because it required the bidder to modify the bid price during the review process and violated relevant government procurement regulations. This is also the first government procurement project in Dongguan that has been publicly requested to repurchase this year.
Questioning the invalidation of the bidding process
The Liaobu LED streetlight project was commissioned by the Liaobu Town Municipal Water Affairs Center to represent the government procurement department of Liaobu Town Government Procurement Center. The project issued a procurement announcement on February 22, 2013, and a clarification announcement was issued on May 30. When the bidding was stopped at 14:30 on June 14, a total of five suppliers participated in the bidding. After review by the bid evaluation committee, according to the comprehensive score, China Aerospace Xuhengyuan Energy Saving Technology Co., Ltd. was the candidate for winning the bid.
After the results of the bid evaluation were announced, on June 15, one of the bidders, Guangdong Rongwen Energy Technology Group Co., Ltd. (hereinafter referred to as “Rongwen Company”) complained to the Liaobu Town Government Procurement Center and questioned the bid evaluation process.
Rongwen Company proposed that the overall energy saving rate calculation formula of the project is LED actual power / (original sodium lamp power + 20% electric loss) -1. According to the bidding quotation of each bidder, all bidders' energy saving rate calculations are all wrong. In the process of project evaluation, the evaluation committee shall require the bidders to calculate the overall energy saving rate and total energy saving according to the accurate statistical method on the grounds that the bidding documents do not specify the overall energy saving rate and the overall energy saving income calculation formula. Revenue, and correct the original quotation, the above behavior violates the relevant provisions of government procurement. Based on the above reasons, Rongwen Company believes that the bidding should be judged as invalid.
As the respondent, the Liaobu Town Government Procurement Center responded that the detailed calculation method of energy saving rate and total energy saving income is not clearly stated in the project bidding documents, and there are differences in the calculation methods of the above two types of data when bidders bid. In order to obtain the energy saving rate and total energy saving income of each bidding unit fairly, fairly, openly and accurately, after discussion by the judging panel, it was unanimously agreed to require the bidders to adopt the “accurate statistical method” on site to uniformly calculate the corrected bidders. The energy saving rate and total energy saving income are submitted to the jury in writing as a valid basis for price calculation.
The Liaobu Town Government Procurement Center believes that the above practices are in line with the relevant provisions of government procurement. At the same time, the whole tendering and bid evaluation process of the project is in full compliance with relevant laws and regulations, and there is no illegal phenomenon.
The survey adjusted the energy saving rate to substantially change the content of the quotation.
On June 28, Rongwen Company again complained to the Municipal Finance Bureau on the bid evaluation process of the project, and the Municipal Finance Bureau immediately launched the investigation procedure.
After investigation and verification of the above matters, the Municipal Finance Bureau believes that according to the requirements of the energy-saving index on page 17 of the bidding documents of this project, “energy saving rate calculation method: LED actual power / (original sodium lamp power + 20% electric loss)-1 "It should be the calculation formula for the energy saving rate of a single LED lamp. Therefore, the Municipal Finance Bureau does not support Rongwen Company's argument that the formula is the overall energy-saving rate calculation formula and that all bidders' energy-saving rate calculation errors should be treated as invalid targets.
Secondly, during the evaluation process, the jury found that the detailed calculation method of the overall energy saving rate and the overall energy saving income was not clearly stated in the bidding documents of the project. Therefore, the bidder was required to clarify and use the “accurate statistical method” to calculate the overall energy saving rate and total energy saving. Revenue, and based on the adjusted quotation. After recalculation, three of the five companies involved in the bidding adjusted the previously reported energy saving rate. One company was willing to give up the price score because it could not provide accurate energy saving data after the transformation.
The Dongguan Municipal Finance Bureau believes that the above-mentioned behavior of the jury has substantially changed the bidder's quotation, in violation of the "Administrative Measures on Bidding and Bidding of Government Procurement Goods and Services" (Ministry of Agriculture Decree No. 18) Article 54 The provisions of the two paragraphs.
Based on the above findings, the Dongguan Municipal Finance Bureau determined that the project review committee required bidders to modify the bid price during the review process in violation of government procurement regulations, and ordered the reorganization of government procurement activities for the project.
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