Procurement in software development

What knowledge points will be involved in software procurement

The purchase includes ： Procurement Law 、 The patent law 、 contract 、 Bidding 、 Purchase plan 、 Outsourcing management 、 finishing 、 Claim demage 、 assessment 、 Minutes of meeting

Procurement Law

according to 《 Government procurement law of the people's Republic of China 》 Article 4 bidding for government procurement projects , The bidding law is applicable .
Article 26 Government procurement adopts the following methods ：（ One ） Open bidding .（ Two ） Invitation to tender .（ 3、 ... and ） Competitive negotiation .（ Four ） Single source sourcing .（ 5、 ... and ） inquiry .（ 6、 ... and ） Other procurement methods recognized by the government procurement supervision and Administration Department of the State Council .
Public bidding should be the main way of government procurement .

basis 《 Government procurement law of the people's Republic of China 》：
Article 7. Government procurement combines centralized procurement with decentralized procurement . The scope of centralized procurement shall be determined by the catalogue of centralized procurement published by the people's government at or above the provincial level . Government procurement projects belonging to the central budget , The catalogue of centralized procurement shall be determined and published by the State Council . Government procurement projects belonging to local budgets , The centralized procurement catalogue is provided by the provincial government 、 Autonomous region 、 The people's Government of the municipality directly under the central government or its authorized institution shall determine and publish . Government procurement projects included in the centralized procurement catalogue , Centralized procurement should be implemented . Article 8. Government procurement quota standard , Government procurement projects belonging to the central budget , It shall be determined and promulgated by the State Council . Government procurement projects belonging to local budgets , By province 、 Autonomous region 、 The people's Government of the municipality directly under the central government or its authorized institution shall determine and publish . Article 16 The centralized procurement agency is the procurement agency . A city divided into districts 、 The people's governments at or above the autonomous prefecture level shall establish centralized procurement institutions according to the needs of organizing centralized procurement of government procurement projects at the same level .
The centralized purchasing agency is a non-profit enterprise legal person , According to the buyer's entrustment to handle procurement matters . Article 18 Purchasers purchase government procurement projects included in the centralized procurement catalogue , A centralized purchasing agency must be entrusted to purchase . Purchase government procurement projects that are not included in the centralized procurement catalogue , You can purchase by yourself , You can also entrust a centralized purchasing agency to purchase within the scope of authorization . Included in the centralized procurement catalogue is a general government procurement project , Centralized mining should be entrusted
Purchasing agency purchases . Belong to this department 、 Items with special requirements in this system , Centralized procurement by departments should be implemented . It belongs to the project with special requirements of the unit , Approved by the people's government at or above the provincial level , You can purchase by yourself .

《 Regulations for the implementation of the government procurement law of the people's Republic of China 》
Article 9. In government procurement activities , Purchasing personnel and related personnel have one of the following interests with suppliers , Should avoid ：
（ One ） Before participating in procurement activities 3 There was a labor relationship with suppliers during the year .
（ Two ） Before participating in procurement activities 3 Director of the supplier during the year 、 The supervisors .
（ 3、 ... and ） Before participating in procurement activities 3 During the year, he was the controlling shareholder or actual controller of the supplier .
（ Four ） Have a husband and wife with the legal representative or person in charge of the supplier 、 Direct consanguinity 、 Collateral relatives or close relatives by marriage within three generations .
（ 5、 ... and ） There are other factors with suppliers that may affect the fairness of government procurement activities 、 A just relationship .
The supplier believes that the purchasing personnel and relevant personnel have interests with other suppliers , An application for withdrawal may be submitted in writing to the purchaser or the procurement agency , And explain why . The purchaser or the procurement agency shall timely ask the person who is applied for withdrawal , The person who has an interest in the application for withdrawal shall withdraw .

according to 《 Government procurement law 》 Article 42 , Purchaser 、 The procurement agency shall properly keep the procurement documents of each procurement activity of the government procurement project , Do not forge 、 To alter 、 Hide or destroy . The retention period of procurement documents shall be at least 15 years from the date of completion of procurement

according to 《 Bidding Law of the people's Republic of China 》： Article 24 ： The bid inviting party shall determine the reasonable time for the bidder to prepare the bid documents . however , Projects that must be tendered according to law , From the date when the bidding documents are issued to the deadline when the bidders submit the bidding documents , At least 20 days . Article 42 ： The bid evaluation committee has been reviewed , It is considered that all bids do not meet the requirements of the bidding documents , All bids may be rejected . All bids for projects subject to bidding according to law are rejected , The tenderer shall invite tenders again in accordance with this law . Article 31 ： Two or more legal persons or other organizations may form a consortium , To bid jointly as a bidder . All parties of the consortium shall have the corresponding ability to undertake the bidding project .

according to 《 The contract law of the people's Republic of China 》 Article 140 if the subject matter was in the buyer's possession before the conclusion of the contract , The effective time of the contract is
Pay time . The technical feasibility analysis of the project is from the perspective of the bid inviter , Generally, the technical feasibility of the project is demonstrated before preparing for bidding , It is proved that the technology is feasible , Before entering the bidding procedure . Technical feasibility analysis is one of the contents of project feasibility analysis . Project demonstration , The preparation of tender documents is the work of the bidder , After the bidder obtains the information of the bid inviter , To determine whether the project is feasible , Whether to bid for the work .《 Bidding Law 》 Stipulated bidding procedures ：（1） The bid inviting party adopts the method of public bidding , A tender announcement shall be issued . The bid inviting party adopts the method of inviting bids , More than three companies with the ability to undertake the bidding project should be invited 、 A specific legal person or other organization with good credit standing sends an invitation to bid .（2） According to the specific situation of the bidding project , Potential bidders can be organized to visit the project site .（3） Bidders bid .（4） Bid opening .（5） Bid evaluation .（6） Determine the successful bidder .（7） Enter into a contract

《 Government procurement law 》 Article 55 Question the supplier's influence on the purchaser 、 The response of the procurement agency is not satisfactory or the purchaser 、 The procurement agency fails to reply within the specified time , You may complain to the government procurement supervision and administration department at the same level within 15 working days after the expiration of the reply .

The patent law

The right to apply for a patent refers to the right to apply for a patent for an invention and creation to the State Intellectual Property Office , Whether the patent applicant has the right to continue the patent application process 、 Whether to transfer the right of patent application . for example , The patentee may decide to withdraw the patent application , Or transfer its patent application to other units or individuals . After receiving the patent application, the acceptance Office of the Patent Office of the State Intellectual Property Office or the patent agency office , For applications that meet the acceptance conditions , The application date will be determined , Give the application number , Issue a notice of acceptance . The application documents submitted by the applicant to the acceptance Office of the patent office or the patent agency office , Right then
Examine whether the application meets the acceptance conditions , For applications that meet the acceptance conditions , Handle the acceptance procedures on the spot . As long as it does not constitute a patent , Anyone who opens the door has the right to apply for a patent .

contract

A procedural message , It includes the contents that need to be paid attention to in the process of project implementation , And accumulate experience and lessons , For reference of subsequent projects , The matters selected in the contract closure cover completion . Therefore, contract management is more appropriate .

according to 《 The contract law of the people's Republic of China 》 Article 32 The parties conclude a contract in the form of a contract , The contract is formed when both parties sign or seal , according to 《 The contract law of the people's Republic of China 》 Article 10. The parties conclude the contract , It's in writing 、 Oral form and other forms according to 《 The contract law of the people's Republic of China 》 Article 35 The parties conclude a contract in the form of a contract , The place where both parties sign or seal is the place where the contract is established . according to 《 The contract law of the people's Republic of China 》 Article 33 The parties use letters 、 Conclusion of contracts in the form of data messages, etc , You can ask for a confirmation before the contract is established . When the confirmation is signed, the contract is established .

according to 《 The contract law of the people's Republic of China 》 Article 41 Disputes over the understanding of the standard terms , It should be interpreted in the usual sense . There are more than two interpretations of standard terms , It should be interpreted against the party providing the standard terms . The standard terms are inconsistent with the non-standard terms , Non standard terms should be used , according to 《 The contract law of the people's Republic of China 》 Article 40. Standard terms are subject to the circumstances specified in Articles 52 and 53 of this law , Or the party providing the standard terms shall be exempted from its liability 、 Increase the liability of the other party 、 Excluding the other party's main rights , This clause is invalid according to 《 The contract law of the people's Republic of China 》 Article 39 To conclude a contract by means of standard terms , The party providing standard terms should follow the principle of fairness to determine the rights and obligations between the parties , And take reasonable ways to remind the other party of the terms of exemption or limitation of its liability , At the request of the other party , Explain the clause . Standard terms are prepared in advance by the parties in order to reuse , And terms not negotiated with the other party at the time of signing the contract

according to 《 Bidding Law of the people's Republic of China 》 Article 39 The bid evaluation committee may require the bidder to make necessary clarifications or explanations for the ambiguous contents in the bid documents , However, the clarification or explanation shall not exceed the scope of the tender document or change the substantive content of the tender document

Cost compensation contract , Such contracts pay the seller all legal and actual costs incurred in completing the work （ Reimbursable costs ）, Plus a fee as the seller's profit . The cost compensation contract can also be for the seller to exceed or lower than the predetermined target （ Such as cost 、 Progress or technical performance objectives ） And stipulate financial reward terms . The three most common cost compensation contracts are ： Cost plus fixed fee contract （CPFF）、 Cost plus incentive fee contract （CPIF） And cost plus incentive fee
Use the contract （CPAF）. If the scope of work cannot be prepared for definition at the beginning , It needs to be adjusted later , perhaps , If there are high risks in the project , Cost compensation contract can be adopted , Make the project more flexible , In order to rearrange the seller's work .

The project management plan provides the overall plan for managing the project , Include auxiliary plans, such as purchase management plans 、 Change control management plan and overall contract management plan that provides guidance for the preparation of procurement management plan . When other planned outputs are available , Procurement planning needs to consider the output of other planning . Other planning outputs that should normally be considered include ： cost estimation 、 speed of progress , Quality management plan , Cash flow forecast , Identifiable risks and measures
The staffing of the row . The decisions made in the project procurement plan will certainly affect the project schedule

Explain that a wide range of 、 The importance of a thorough and accurate contract ：
（1） Contracts are an important tool for managing risks . It foresees many situations that may happen during the contract 、 Disputes and issues .
（2） Contract agreement process , And clear 、 A clear written contract is a way to state the intentions of both parties , It helps to make the expectations of buyers and suppliers for the partnership transparent .
（3） A written contract , Often become a tool to help communicate .
（4） A good contract , The service provider can take it as a working document .IT Service outsourcing contracts cannot “ Guarantee ” The expectations of both sides are transparent , It's just “ be conducive to ” The expectations of both sides are transparent .

（1） Fixed price contract
Set a total price for the purchase of a given product or service . Scope of application ： The buyer must accurately define the products or services to be purchased .
（2） Cost compensation contract
The buyer shall pay the seller all the legal and actual costs incurred to complete the work （ Reimbursable costs ）, Plus a fee as the seller's profit . Scope of application ： The scope of work cannot be accurately defined at the beginning , So it needs to be adjusted later . There are high risks in the project .
（3） Labor and material contracts
Hybrid contract with some characteristics of cost compensation contract and total price contract . The similarity with cost compensation contract lies in , They are all open contracts , The contract price changes as the cost increases . But the ceiling will be set . Scope of application ： When you can't write an accurate statement of work quickly , Quantity contracts are often used to increase personnel 、 Hire experts and seek other external support . The amount of labor and material contract is small 、 Short construction period 、 It can be effective on uncomplicated projects
Use .
（4） Purchase order
Purchase order , A simple fixed price contract . Unilateral contracts .

Contract closure is to close every contract on the project , Including work completion 、 Product acceptance and handover 、 Price settlement and dispute resolution . Administrative closeout refers to the overall implementation of the project work 、 Systematic and in-depth review , Conduct post completion evaluation , Investigate “ If you have the opportunity to redo the project, how can you improve ”, Extract and document relevant experiences and lessons , And make it “ Organizational process assets ” Part of . The contract closure process supports the project closure process , because
For both involve verifying whether all work and deliverables are acceptable . Tools and techniques for contract closure include procurement audit and contract file management system . Project closure process 、 Process audit is not its tool .

The subject matter was in the buyer's possession before the contract was concluded , The effective time of the contract is the delivery time .

After the termination of the rights and obligations of the contract , The parties shall abide by the principle of good faith , Perform the notice according to the trading habits 、 assist 、 Confidentiality and other obligations .

A contract is a natural person with equal subjects 、 Established between legal persons and other organizations 、 change 、 An agreement to terminate the relationship of civil rights and obligations .
The parties shall abide by the principle of good faith , According to the nature of the contract 、 Notice of purpose and customary performance of transactions 、 assist 、 Confidentiality and other obligations . After the contract comes into effect , The parties concerned are concerned about quality 、 Price or remuneration 、 The place of performance and other contents are not agreed or clearly agreed , May be supplemented by an agreement . A supplementary agreement cannot be reached , It shall be determined according to the relevant terms of the contract or trading habits . According to article of the contract law 63 strip , Overdue withdrawal of the subject matter or overdue payment , When prices rise , According to the new price . When the price goes down , According to the original price . Continuous rainstorms are force majeure , No economic claim . General default climate disasters 、 The war 、 Strike, etc , It's force majeure , Is the default disclaimer .

according to 《 Contract law 》 Article 26 ： The notice of acceptance takes effect when it reaches the offeror . Promise not to notice , The acceptance takes effect when it is made in accordance with the trading habits or the requirements of the offer . You can see in the question , This commitment document affects the arrival time due to mailing , It is not the intention of the bid inviter , therefore , It is up to the offeror to decide whether it is invalid , That is, the offeror is required to send a notice of rejection before it becomes invalid .

Article 11 written form refers to the contract 、 Letters and data messages （ Including telegrams 、 Telex 、 Fax 、 EDI and e-mail ） And so on can express the content of the form .

《 The contract law of the people's Republic of China 》 There are the following express provisions in ： Article 62 The parties have not clearly agreed on the contents of the contract , According to Article 60 of this Law
The provisions of one article are still uncertain , The following provisions apply ：（ One ） Unclear quality requirements , According to the national standard 、 Industry standard implementation . No,
National standard 、 Industry standard , Perform in accordance with the usual standards or specific standards consistent with the purpose of the contract .
（ Two ） The price or remuneration is unclear , Perform in accordance with the market price at the place of performance at the time of conclusion of the contract . The government fixed price or government guided price shall be implemented according to law , Perform... As required .
（ 3、 ... and ） The place of performance is unclear , Payment of money , Perform... At the location of the party receiving the currency . Delivery of real estate , Perform... At the location of the real estate . Other subject matter , Perform... At the location of the party performing the obligation .
（ Four ） Where the time limit for performance is not clear , The debtor may perform at any time , Creditors may also demand performance at any time , But give the other party the necessary time to prepare .
（ 5、 ... and ） The method of performance is not clear , Perform in a manner conducive to the realization of the purpose of the contract .
（ 6、 ... and ） The burden of performance costs is unclear , Borne by the party performing the obligation .

Bidding

according to 《 Contract law 》 Article 26 ： The notice of acceptance takes effect when it reaches the offeror . Promise not to notice , The acceptance takes effect when it is made in accordance with the trading habits or the requirements of the offer . You can see in the question , This commitment document affects the arrival time due to mailing , It is not the intention of the bid inviter , therefore , It is up to the offeror to decide whether it is invalid , That is, the offeror is required to send a notice of rejection before it becomes invalid .

（1） offer
Also known as offer and quotation , What the seller did to the buyer's party 、 The meaning of inviting to enter into a contract .
（2） promise
Usually the buyer , That is, the offeree unconditionally 、 Fully agree to the offer of the offeror , Willing to sign the contract according to this .
Whether the contract is established depends on whether there is an agreement signed by both parties . It depends on whether the offer and acceptance have been completed . As long as the offer and acceptance are completed , Even without that agreement , The contract has also been established .
（3） Invitation to offer
It is the expression of hope that others will make an offer to themselves . The price list sent 、 Auction announcement 、 Tender notice 、 Prospectus 、 Commercial advertisements, etc. are invitations to offer .

《 Bidding Law of the people's Republic of China 》 Article 51 . Article 51 Under any of the following circumstances , The bid evaluation committee shall reject its bid ：
（ One ） The bidding document is not sealed by the bidding unit and signed by the person in charge of the unit .
（ Two ） The bidding consortium did not submit the joint bidding agreement .
（ 3、 ... and ） The bidder does not meet the qualification conditions stipulated by the state or the bidding documents .
（ Four ） The same bidder submits more than two different bidding documents or bid quotations , Except that alternative bids are required in the bidding documents .
（ 5、 ... and ） The bid price is lower than the cost or higher than the maximum bid price set in the bidding documents .
（ 6、 ... and ） The bidding document does not respond to the substantive requirements and conditions of the bidding document .
（ 7、 ... and ） Bidders have bid in collusion 、 To make a fool of 、 Bribery and other illegal activities . If alternative bids are not required in the bidding documents , In this case, its bid should be rejected ,

《 Regulations for the implementation of the bidding law of the people's Republic of China 》.
《 Regulations for the implementation of the bidding law of the people's Republic of China 》
Article 9. Except for the special circumstances stipulated in Article 66 of the bidding law that bidding may not be conducted , Under any of the following circumstances , No bidding is allowed ：
（ One ） It is necessary to adopt irreplaceable patents or know-how .
（ Two ） The purchaser can build by itself according to law 、 Produce or provide .
（ 3、 ... and ） The investors of franchised projects selected through bidding can build by themselves according to law 、 Produce or provide .
（ Four ） The project needs to be purchased from the original bid winner 、 Goods or services , Otherwise, the construction or functional supporting requirements will be affected .
（ 5、 ... and ） Other special circumstances stipulated by the state . The tenderee falsifies in order to apply the provisions of the preceding paragraph , It belongs to the evasion of bidding stipulated in Article 4 of the Bidding Law .

《 Regulations for the implementation of the bidding law of the people's Republic of China 》 Article 7. According to relevant national regulations, it is necessary to perform project approval 、 Approval procedures must be in accordance with the law
Projects subject to bidding , The scope of bidding 、 Bidding method 、 The form of bidding organization shall be submitted to the project for examination and approval 、 Approved by the approval department 、 approval . Project approval 、 The examination and approval department shall report the examination and approval in time 、 Approved and determined bidding scope 、 Bidding method 、 The bidding organization form shall be notified to the relevant administrative supervision departments . There is no post approval procedure .

《 Bidding Law of the people's Republic of China 》：
Article 24 ： The bid inviting party shall determine the reasonable time for the bidder to prepare the bid documents . however , Projects that must be tendered according to law , From the date when the bidding documents are issued to the deadline when the bidders submit the bidding documents , At least 20 days .
Article 42 ： The bid evaluation committee has been reviewed , It is considered that all bids do not meet the requirements of the bidding documents , All bids may be rejected . All bids for projects subject to bidding according to law are rejected , The tenderer shall invite tenders again in accordance with this law .
Article 31 ： Two or more legal persons or other organizations may form a consortium , To bid jointly as a bidder . All parties of the consortium shall have the corresponding ability to undertake the bidding project .

《 Bidding Law of the people's Republic of China 》 Article 40.
The bid evaluation committee shall, in accordance with the bid evaluation standards and methods determined in the bidding documents , Review and compare the bidding documents . With base price , Reference should be made to the base price . After the bid evaluation committee completes the bid evaluation , A written bid evaluation report shall be submitted to the tenderee , And recommend qualified bid winning candidates . The tenderee shall determine the bid winner according to the written bid evaluation report submitted by the bid evaluation committee and the recommended bid winning candidates . The tenderee may also authorize the bid evaluation committee to directly determine the bid winner .

The technical feasibility analysis of the project is from the perspective of the bid inviter , Generally, the technical feasibility of the project is demonstrated before preparing for bidding , It is proved that the technology is feasible , Before entering the bidding procedure . Technical feasibility analysis is one of the contents of project feasibility analysis . Project demonstration , The preparation of tender documents is the work of the bidder , After the bidder obtains the information of the bid inviter , To determine whether the project is feasible , Whether to bid for the work .
《 Bidding Law 》 Stipulated bidding procedures ：
（1） The bid inviting party adopts the method of public bidding , A tender announcement shall be issued . The bid inviting party adopts the method of inviting bids , More than three companies with the ability to undertake the bidding project should be invited 、 A specific legal person or other organization with good credit standing sends an invitation to bid .
（2） According to the specific situation of the bidding project , Potential bidders can be organized to visit the project site .
（3） Bidders bid .
（4） Bid opening .
（5） Bid evaluation .
（6） Determine the successful bidder .
（7） Enter into a contract .

《 Regulations for the implementation of the bidding law 》（2012 edition ） Article 57 , The tenderee and the winning bidder shall sign a written contract in accordance with the provisions of the bidding law and these regulations , The subject matter of the contract 、 price 、 quality 、 The main terms such as the performance period shall be consistent with the contents of the bidding documents and the bid documents of the winning bidder . The tenderee and the winning bidder shall not enter into any other agreement deviating from the substantive content of the contract .

After the announcement of bidding , The bidding documents will be sold , Prequalification of potential bidders . Prequalification refers to the bidding activities , Before issuing the bidding documents , The contracting ability of applicants who register to participate in the bidding 、 results 、 Qualifications and qualifications 、 Review the financial status and reputation , And the process of determining the list of qualified bidders .

Bids are divided into public bidding and invited bidding , Cannot designate a company to undertake , Even if you want to purchase from a single source, you should also comply with ：
（1） Only from a single supplier .
（2） In case of unforeseen emergency, it is impossible to purchase from other suppliers .
（3） It is necessary to ensure the consistency of the original procurement projects or the requirements of supporting services , We need to continue to purchase from the original supplier , And the total amount of additional purchase funds does not exceed 10% of the original contract purchase amount . When formulating scoring standards , Cannot use good , good , commonly , Words with poor fuzziness .
《 Bidding Law 》 Article 28 provides that , The bidder shall submit the bidding documents before the deadline required by the bidding documents , Deliver the tender documents to the place of tender . After the bidder receives the bidding document , It should be signed and preserved , Do not open . Less than three bidders , The tenderer shall invite tenders again in accordance with this law . Tender documents delivered after the deadline for submission of tender documents required by the tender documents , The bid inviting party shall reject .

《 Bidding Law of the people's Republic of China 》 There are the following express provisions in ：
Article 28 ： The bidder shall submit the bidding documents before the deadline required by the bidding documents , Deliver the tender documents to the place of tender . After the bidder receives the bidding document , It should be signed and preserved , Do not open . Less than three bidders , The tenderer shall invite tenders again in accordance with this law .
Article 32 bidders shall not collude with each other in bidding quotation , Fair competition from other bidders shall not be excluded , Damage the legitimate rights and interests of the bid inviting party or other bidders . A bidder shall not collude with the bid inviting party in bidding , Damage to national interests 、 Social public interests or the legitimate rights and interests of others . It is forbidden for a bidder to bribe a bidder or a member of the bid evaluation committee to win the bid .
Article 42 ： The bid evaluation committee has been reviewed , It is considered that all bids do not meet the requirements of the bidding documents , All bids may be rejected . All bids for projects subject to bidding according to law are rejected , The tenderer shall invite tenders again in accordance with this law .
Article 50 a bidding agency violates the provisions of this Law , Divulging information and materials related to bidding activities that should be kept confidential , Or with the tenderee 、 Bidders collude to damage national interests 、 Social and public interests or the legitimate rights and interests of others , Impose a fine of not less than 50000 yuan but not more than 250000 yuan , The persons who are directly in charge and other persons who are directly responsible for the unit shall be fined not less than 5% but not more than 10% of the fine imposed by the unit . Having illegal income , And confiscate
Illegal income . serious , Suspend or even cancel the qualification of bidding agency . Criminal , Investigate criminal responsibility according to law . Causing loss to others , Be liable for compensation according to law . The behaviors listed in the preceding paragraph affect the bid winning result , The bid is invalid .

Bidding Law of the people's Republic of China 》 There are the following express provisions in ：
Article 23 The bid inviting party makes necessary clarification or modification to the issued bidding documents , It shall be at least 15 days before the deadline for submission of tender documents required in the tender documents , Inform all recipients of the bidding documents in writing . The clarification or modification is an integral part of the bidding document .
Article 39 The bid evaluation committee may require the bidder to make necessary clarifications or explanations for the ambiguous contents in the bid documents , However, the clarification or explanation shall not exceed the scope of the tender document or change the substantive content of the tender document .《 Regulations for the implementation of the bidding law of the people's Republic of China 》 There are the following express provisions in ： Article 52 There are ambiguous contents in the tender document 、 Obvious mistakes in words or calculations , The bid evaluation committee believes that the bidder needs to make necessary clarifications 、 Stated , The bidder shall be notified in writing . Bidder's clarification 、 The instructions shall be in writing , It shall not exceed the scope of the tender document or change the substantive content of the tender document .

Formulating bid evaluation criteria 6 The first principle is ： Based on objective facts , Strict control of discretion , The score should clearly distinguish between high and low , Implement national regulations 、 Reflect national policies , The scoring criteria are easy to review , The detailed rules are compared horizontally . The criteria for performance evaluation are ： good 、 It's not good to violate “ Based on objective facts ” Of
principle . The service capability evaluation standard is ： According to its adoption ISO20000 It is against “ Strict control of discretion ” Principles . The quality standards are divided into 7 A class , The scoring rules are too cumbersome , It's usually 3 To 5 A class . Contrary to “ The scoring criteria are easy to review ” Principles . therefore , To enter the bid evaluation procedure 、 It is more appropriate that the lowest bid price that meets the requirements of the bidding documents is the benchmark price for bid evaluation .

according to 《 Regulations for the implementation of the bidding law 》 Regulations ：
Article 27 The tenderee may decide whether to prepare the base bid price at its own discretion . A bidding project can only have one base bid price . The base price must be kept secret .
Article 34 A legal person who has an interest in the tenderee and may affect the fairness of bidding 、 Other organizations or individuals , Shall not participate in the bidding . The person in charge of the unit is the same person or there is a controlling shareholder 、 Different units that manage relationships , It is not allowed to participate in the bidding of the same bid section or the bidding of the same bidding project without bid sections . Violating the provisions of the preceding two paragraphs , Relevant bids are invalid .
according to 《 Bidding Law 》 Regulations ：
Article 24 The tenderee shall determine the reasonable time required for the tenderer to prepare the tender documents . however , Projects that must be tendered according to law , From the date when the bidding documents are issued to the deadline when the bidders submit the bidding documents , At least 20 days .
Article 37 the bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation .
Projects that must be tendered according to law , The bid evaluation committee shall be composed of the tenderee's representative and relevant technical personnel 、 Composed of experts in economy and other aspects , The number of members is an odd number of more than five , And the technology 、 Experts in economy and other fields shall not be less than two-thirds of the total number of members .

Purchase plan

The project management plan provides the overall plan for managing the project , Include auxiliary plans, such as purchase management plans 、 Change control management plan and overall contract management plan that provides guidance for the preparation of procurement management plan . When other planned outputs are available , Procurement planning needs to consider the output of other planning . Other planning outputs that should normally be considered include ： cost estimation 、 speed of progress , Quality management plan , Cash flow forecast , Identifiable risks and measures
The staffing of the row . The decisions made in the project procurement plan will certainly affect the project schedule

The input of purchase plan preparation includes ：
（1） Project Charter .（2） Project scope specification .（3） Project management plan .（4） Work breakdown structure and dictionary .（5） Environmental and organizational factors .（6） Organizational process assets .（7） Risk records .

Purchase plan , It refers to that the enterprise managers are understanding the market supply and demand , The predictable arrangement and deployment of material procurement management activities during the planning period based on understanding the production and operation activities of the enterprise and mastering the law of material consumption . The purchase plan is made according to the plan of the production department or other user departments, including purchasing materials 、 Purchase quantity 、 Plan form of demand date, etc .
Purchase plan （ The budget ）, It belongs to production / Part of the sales plan , It is also a part of the company's annual plan and goals . Management plan （ Purchase plan ） Once confirmed by the management, it is used to guide the procurement 、 When to purchase and the guidelines and criteria for purchasing . The purchase management plan is “ Procurement planning ” The results of the preparation process . therefore , Once the results of the preparation of the project procurement plan are confirmed by the management , It will give practical guidance to the actual procurement activities of the project , It is the criterion of project procurement activities .

Outsourcing management

Avoid and reduce risks in risk control . When the risk cannot be eliminated but can be predicted , Risks can be spread to customers or outsourcers . for example , You can decompose the outsourced work , To be implemented by different outsourcers , Through this combination to reduce costs .

Outsourcing has been determined , There is no need for self-made and outsourcing analysis . For outsourced products , Process monitoring is required , To ensure the quality of the final product delivered . Outsourcing needs to pay attention to the monitoring in the process . Many times, suppliers cannot provide goods with quality and quantity on time , Because of the lack of monitoring in the process .

The process of project outsourcing involves the entrusting party and the contractor , The contractor is the first responsible person of the software outsourcing part , However, quality assurance activities must involve the entrusting party , The entrusting party has the responsibility of project supervision , And need to cooperate with the contractor to track the demand 、 Quality assurance activities such as quality review .

finishing

according to 《 Contract law 》 Regulations and 《 Information system project manager course 》 Set out in , Contract closure is to close every contract on the project , Including work completion 、 Product acceptance and handover 、 Price settlement and dispute resolution . Administrative closeout refers to the overall implementation of the project work 、 Systematic and in-depth review , Conduct post completion evaluation , Investigate “ If you have the opportunity to redo the project, how can you improve ”, Extract and document relevant experiences and lessons , And make it
by “ Organizational process assets ” Part of . The contract closure process supports the project closure process , Because both involve verifying whether all work and deliverables are acceptable . Tools and techniques for contract closure include procurement audit and contract file management system . Project closure process 、 Process audit is not its tool .

Project closure includes contract closure and management closure .
Manage closeout to confirm that the project or phase has met all customers , And other actions and activities required by project stakeholders . Confirm that the completion criteria of the project stage or the whole project have been met , Or confirm the withdrawal criteria of the project stage or the whole project . Including the collection of project stage records 、 Check whether the project succeeds or fails 、 Collect lessons 、 Archive Project Information . Contract closure mainly refers to any contract involved in the project 、 Purchase or purchase agreement , It also defines the activities of relevant contracts required to support the formal closure of the project . Including the settlement of the contract price , Complete contract audit, etc . Administrative closure is also called management closure .

Claim demage

After the claim event of the project , Generally, the supervision engineer shall mediate first , If mediation fails , The government construction authority shall mediate , If the mediation still fails , Both parties may submit to arbitration or litigation .

After the claim event of the project , Generally, the supervision engineer shall mediate first , If mediation fails , The government construction authority shall mediate , If the mediation still fails , Mediation or arbitration shall be conducted by the economic contract arbitration commission . In addition, you can also directly bring a lawsuit to the people's court （ Instead of suing the people's government ）.

assessment

Performance evaluation refers to the comparison of work objectives or performance standards , Adopt certain evaluation methods , Evaluate the performance of the employee's tasks 、 The degree of performance of the employee's job responsibilities and the employee's development , And feed back the above evaluation results to employees , It cannot be used as a valid proof of the supplier's quality .

Minutes of meeting

The minutes of the meeting shall be sent in writing to the bidders who have obtained the bidding documents . The minutes of the meeting and the reply letters form the supplementary documents of the bidding documents . The supplementary documents have the same legal effect as the bidding documents . There are no mistakes in these three . The minutes of the meeting must state that the source of the relevant problems is wrong .

summary

On the whole, bidding 、 contract 、 Closing and claims are more important .