关于评标中“竞争性”判定方法分析

Analysis on ‘competitiveness’ decision method in bid evaluation

《中华人民共和国招标投标法》规定:"因有效投标不足三个使得投标明显缺乏竞争性的,评标委员会可以否决全部投标",但没有确认竞争性是否充分的明确方法。当评委否决全部投标,若有人提出质疑,评委应当承担举证责任;继续评审,评委同样要有充分的理由证明自己的判定。评标委员会具有可以否决全部投标或不否决全部投标的权力,但方法的缺失,使得评委的行为具有一定的随意性。工程造价是招标人和投标人共同关注的核心,也是投标人之间竞争的焦点,能够充分反映市场价值因素和有效投标人之间的竞争。利用造价进行比较,是最为直接有效判定"竞争性"是否充分的方式。本文以造价为判定基准,提出了几种方法,进行了有益的探索。

It is regulated in the ‘ Bidding Law of the People＇ s Republic of China＇ that ： ‘if the bidding is prominently lack of competitiveness due to less than three effective tenders, the bid evaluation committee can determine to refuse all tenders＇. However, there is no clear method to determine whether the competitiveness is sufficient or not. If some person propose question when the judges refuse all tenders, the judges should be responsible for putting to proof. If the tenders are reviewed continuously, judges also should propose sufficient reasons to proof own judgment. The bid evaluation committee has the power of rejecting all tenders or not rejecting all tenders. The behavior of the judges are random to certain extent due insufficient method. Engineering cost is the core focused by the tenderee and tenderer. It is also the focus of competitiveness among tenderers. It can fully reflect the market value factors and competition of effective tenderers. Cost is utilized for comparison. It is the most direct mode to judge whether the ＇ effectiveness＇ is sufficient or not effectively. In the paper, several methods are proposed with cost as the judgment basis, thereby implementing beneficial exploration.