4. Is it okay to question the supplier's request to view the surveillance video of the bid evaluation room?

We are an agency, and some suppliers questioned the possibility of leaking their quotations in our bidding, and asked us to obtain and disclose to other companies the audio and video recordings of the surveillance video of the bid evaluation room on the day to find out the facts. Excuse me: Can we show the video to the supplier in question? Or do they have the right to submit and view the video?

Answer: No. Bid evaluation must be conducted in strict confidentiality. The evaluation report and live video involve the trade secrets of other suppliers. The list of members of the bid evaluation committee should also be kept confidential before the bid evaluation results are announced. Therefore, it is illegal to provide video recordings to the challenged suppliers. of.

The agency should first receive the questioning letter submitted by the supplier and reply within the statutory time limit, and confirm whether there is any leakage by viewing video recordings, etc., and if so, reply to confirm that the question is established, and report the leaked supplier to the financial department If there is no illegal act of leaking the quotation, the answer to the question is unfounded and inform the other party that they can file a complaint with the financial department within the statutory time limit. When the financial department considers it necessary to conduct investigations and collect evidence, the agency should truthfully report the situation and provide relevant materials, such as video recordings, required by the financial department.

Legal basis
  "Administrative Measures on Bidding and Bidding for Government Procurement of Goods and Services" (Order No. 87 of the Ministry of Finance) Article 66 Procurers and procurement agencies shall take necessary measures to ensure that bid evaluations are conducted in strict confidentiality. Article 47 Paragraph 4 The list of members of the bid evaluation committee shall be kept confidential until the results of the bid evaluation are announced.

5. Questioning the supplier’s request to disclose the scores of the successful bidders, how to respond?

Answer: There is currently no legal basis to support the disclosure of the scores of candidates who have won the bid. It is only stipulated that if the comprehensive evaluation method is adopted, the unsuccessful bidder shall be informed of his evaluation score and ranking.

Legal basis
  "Administrative Measures for Government Procurement of Goods and Services by Tendering and Bidding" (Order No. 87 of the Ministry of Finance) Article 69 When the result of the bid is announced, the purchaser or procurement agency shall issue a notice of bid winning to the bid winner; The reviewed bidder shall inform the reason for its failure; if the comprehensive evaluation method is adopted, the evaluation score and ranking of the unsuccessful bidder shall also be notified.

6. Question whether the supplier has the right to request the bid-winning candidate to provide supporting materials?

The equipment procurement project issued a bid-winning announcement, questioned the authenticity of the product parameters of the bid-winning candidate from the supplier, and asked the bid-winning candidate to provide supporting materials. What should I do?

Answer: If the request is made within the statutory time limit, the purchaser and procurement agency shall accept it. However, there is no right to require the bid-winning candidate to provide proof materials. Of course, it is indeed necessary that the purchaser and the procurement agency bear the responsibility of investigating, verifying, and understanding the situation of the questioned candidate for winning the bid. It should be pointed out that the product or service parameters of the winning candidate may involve trade secrets, and the content of the question and reply of the purchaser and procurement agency shall not involve their trade secrets.

Legal basis
  Article 15 of the "Government Procurement Queries and Complaints Measures" (Order No. 94 of the Ministry of Finance) The content of the query responses shall not involve commercial secrets. Article 43 For state secrets, commercial secrets, personal privacy, and information that is not disclosed in accordance with the law, the financial departments, purchasers, procurement agencies and other relevant insiders shall keep confidential the state secrets, commercial secrets, personal privacy, and information that are not disclosed in accordance with the law during the process of answering questions and handling complaints.