Case playback:

　　In April 20, 2009, A company for open tender for the company, and the transformation of desulfurization and dust removal fan renovation project, and indicate the bid deposit is 500000 yuan, the tender issued date is April 24, 2009. B company registration, become one of the bidders, and receive the tender documents. The bidding documents, the tender project for A company in the middle temperature of chain boiler flue gas dust removal, desulfurization system function design, structure, properties, manufacture, delivery, installation, commissioning, trial operation, approval etc.. The evaluation of technical bid evaluation, after the business standard. Technical standard after evaluation, shortlisted bidders were determined by the lowest bid evaluation for the first successful candidate in the premise of meeting the tendering investment control value (except those under below cost), followed by analogy to determine the ranking order. According to the B technical tender documents requires the preparation of tender documents and tender quotation, submitted in 2009 April 24 to A company, and through the C bank to A company issued 500000 yuan of the bid guarantee. In April 29, 2009, A modified the content of the tender, the scope of project bidding the change to the construction design plan, the temperature and pressure of chain boiler flue gas desulfurization renovation project of the full set of Engineering (including as-built drawings), construction and whole set of joint commissioning and put into normal operation and by the environmental protection acceptance testing departments integrated acceptance and the project is handed over to the employer after the contractor to provide three months of operation service. Therefore, A company including B company has participated in the tender bidders send bid for the new, and the provisions of delivery quotation deadline is May 1, 2009 12, the first bid bond to the tender deposit. B company received the bidding book new, through the communication with the A company to the price list, but not according to the requirements of A company to submit. In the open, the evaluation process, because each bidder to bid more than the control A investment company, according to the provisions of bid evaluation method, shall be nullified bidding failure, A. In May 30, 2009, A issued a debit note to C bank, the bid security requirements of the bank to pay provided by B. C bank on the basis of the letter of guarantee and the debit note to A company for payment. B believes that A forfeiture of the bid security law in the no according to requirements of A, the company returned.

　　Intensive analysis:

　　Project preparation mainly through the project planning, project design and project contracting project decision concrete. It occupies a small proportion of project costs, but has high technical and legal, inadequate project preparation will lead to low efficiency or even directly to the project, the success of the project.

　　In this case, A is not fully prepared under the conditions of the project, a project bidding, eventually because of the tender documents adjustment triggered the tender deposit disputes. A company in the first time requirements of the tender documents to the deadline for submission of bid documents of the time, the original bidding content has been substantially modified, continue its behavior is not the first time the bidding activities, but before and after the two different offer invitation. B company in the first tender A process according to the request submitted a bid, bidding quotation and bid security, without violating the A bidding rules of behavior. A is not on B's offer for commitment, the bidding ended, A company should bid bond return B company to pay for the tender. Bid for A in 2009 April 29 to B company again, a new bidding, bidding technology document before and not of course constrained this bidding behavior. B did not participate in the bidding activity, A company has no right to unilaterally the previous bid guarantee to the bid bond, but not because B did not participate in the tender and confiscated. Therefore, the A company should return the B bid deposit 500000 yuan.

　　At the same time, A company bid set properly is a major cause of bidding failure. Investment control value is predicted the owners of bidding project investment evaluation, is the main basis to judge whether the person bidding price reasonable, by the owner or the cost consultation organization. Due to internal some preparation of investment control value of consulting unit to tender units in the financial situation of the enterprise, the management level and the bidding strategy is unknown, and the engineering construction quota need long time determination. So in the preparation of investment control value is mainly applied to the unified national budget quota and area unit valuation table, according to budget fee standard, combined with the tender units expected to project cost value. In such expectations as the highest price bid evaluation methods of control, it is possible because of not considering the particularity of the project, the scarcity of unbound competition degree and engineering objectively required equipment resources, thus affecting the effectiveness of evaluation measures, resulting in failure of the tender. Of course, also cannot rule out the possible collusion bidding unit. Public tender process to satisfy the requirements of the "Bidding Law", the schedule for at least a month. If the bidding failure, to carry out the tender process, which not only causes human, material and financial resources of the waste, but also affect the bidding units credibility, for the duration of the project is one disaster after another tense. In order to avoid this phenomenon, the tender units should desalt mark-bottom role, as far as possible as the main basis of business offers, and prevent "discharge standard", "standard" indiscipline. On the other hand, should strengthen the bidding data rationality review in the process of evaluation, to determine the reasonable price.

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