Equipment Procurement, Bidding and Contract Management
Domain 5 - Equipment Procurement, Bidding and Contract Management
This domain tests the commercial side: how a supplier is lawfully selected, what the contract must contain, and how delivery, payment, inspection and claims are administered.
Core rules
- Procurement routes. Open tender, invited tender (at least three invitees), competitive negotiation, enquiry, single source. Public-funded equipment above the threshold must be tendered.
- Statutory numbers (招标投标法及实施条例). Tender documents on sale at least 5 days; at least 20 days from issue to bid deadline; clarifications or amendments must reach bidders at least 15 days before the deadline, otherwise the deadline is postponed; bid security ≤2 % of estimated contract value; performance security ≤10 % of contract price; fewer than three bidders means no bid opening and re-tendering; the evaluation committee has five or more members, at least two-thirds technical and economic experts; the written contract is signed within 30 days of the notice of award.
- Contract content. Scope and technical specification, quantity, price and adjustment mechanism, delivery schedule and place, packing and transport, inspection and acceptance, payment milestones (advance, delivery, acceptance, retention), warranty, delay liquidated damages, liability caps, force majeure, dispute resolution.
- Contract types. Lump-sum (quantity and price risk on supplier), unit-price or adjustable (risk shared), cost-plus (risk on buyer).
- Administration. Track drawing and document submittals, pre-shipment inspection, shipping documents, arrival inspection, warranty claims and contractual time bars.
Worked example
Three responsive bids are scored by 综合评估法 with weights price 60, technical 30, commercial 10. A: 55 + 28 + 9 = 92. B: 48 + 30 + 10 = 88. C: 60 + 24 + 8 = 92. Reasoning: A and C tie, but C's technical score sits near the acceptability floor and its commercial record shows late deliveries. A tie is broken first by technical score, then by price, so A wins. The committee must record the tie-break rule and reasons, because undisclosed discretion is a challenge ground.
Traps that cost marks
- Confusing 2 % bid security with 10 % performance security.
- Believing the buyer may negotiate substantive terms with the winner after award - that is unlawful.
- Ignoring the acceptance or warranty time bar and then losing a legitimate claim.
- Overlooking that an invited tender needs at least three qualified invitees.