What are the bidding methods in the law, and what are the bidding laws and regulations

The method of bidding in the law is as follows:

Public bidding, also known as competitive bidding, is published by the tenderer in newspapers and periodicals, electronic networks or other bidding announcements to attract many enterprises to participate in the bidding competition, and the tenderer selects the bidding method of the winning bidder. According to the degree of competition, public bidding can be divided into international competitive bidding and domestic competitive bidding.

Invitation to tender. It is also known as limited competitive bidding or selective bidding, that is, the tendering unit selects a certain number of enterprises and issues bidding invitations to them to invite them to participate in the bidding competition. Generally, it is more appropriate to choose between 3 and 10 to participate, of course, depending on the size of the specific bidding project.

Due to the limited number of bidding competitors invited to participate, not only can the bidding cost be saved, but also the chances of each bidder winning the bid are improved. However, since the invitation to tender restricts full competition, the tendering and bidding regulations generally stipulate that the tenderer should use open bidding as far as possible.

Negotiation is also known as negotiated bidding or restricted bidding, that is, the winning bidder is determined through negotiation. There are several main ways: Direct invitation to negotiate bids.

The selection of the winning bidder is not through open or invitation to bid, but by the tenderer or its first person directly invites an enterprise to negotiate separately and sign a procurement contract after reaching an agreement. If one cannot be negotiated, the other can be invited until an agreement is reached.

Bidding is a kind of organized market transaction behavior commonly used in the world, which is a kind of engineering, goods and services in the first way, relative to the bidding, called bidding. Bidding refers to the tenderer (buyer) issuing a tender announcement or invitation to bid, stating the scope of the project, goods and services to be tendered, the division of the bid (bid package), the quantity, the qualification requirements of the bidder (seller), etc., and inviting specific or unspecified bidders (sellers) to bid in accordance with certain procedures at the specified time and place.

There are three forms of bidding commonly used in the world:

Open Tendering Open tendering is also known as unlimited competitive tendering. The owner can publish the tender announcement on TV and radio in major newspapers and relevant publications at home and abroad. All interested contractors can purchase prequalification documents, and pre-qualified can purchase bidding documents for bidding.

This bidding method can provide an opportunity for all contractors to compete on an equal footing, and the owner has a larger choice of leasing, which is conducive to reducing the project cost, improving the quality of the project and shortening the construction period, but because there may be many contractors participating in the competition, the workload of prequalification and bid evaluation will be increased. It is also possible that speculative contractors who deliberately lower their bids will squeeze out serious and high contractors at low prices. Therefore, when the bidding method is adopted, the owner should strengthen the prequalification and carefully evaluate the bid.

Invitation to Tender Invitation to tender is also known as limited competitive selection tender. In this way, there is no advertising, and the owner, on the basis of his own experience and knowledge of various information materials, sends out invitations to those contractors who are considered to be able to undertake the project, generally inviting 5 to 10 to come and submit bids. This bidding method can ensure that the bidding contractor has the experience of the project, the reputation is reliable, and the ability to complete the project, but due to the experience and information have certain limitations, it is possible to miss some technical, competitive rising stars.

Bid negotiation Bid negotiation is also known as non-competitive bidding or specified bidding. In this way, the owner invites one, and at most, two contractors to negotiate directly. It is actually a form of contract negotiation.

This method is suitable for projects with low project cost, tight construction period, strong professionalism or military secrecy projects. The advantages are that it saves time, it is easy to reach an agreement, and it is possible to work quickly. The downside is that you can't get a competitive **.

At present, the bidding methods adopted in China are open bidding, invitation to bidding and bid negotiation, especially there are many ways of open bidding and invitation to bidding. Unless there are special circumstances, the bid negotiation method should be avoided as much as possible.

The Tendering and Bidding Law stipulates.

Article 10 Bidding is divided into open bidding and invitation to bid.

Public bidding refers to the tenderer inviting unspecified legal persons or other organizations to bid in the form of tender announcements.

Invitation to bid refers to the invitation of the tenderer to invite a specific legal person or other organization to bid in the form of an invitation to bid.

There are two ways: open bidding and invitation to tender.

Tendering is divided into open bidding and invitation bidding.

Public bidding means that unspecified legal persons and organizations are invited to bid.

Invitation to tender means that specific legal persons and organizations are invited to come and bid.

Contracts can only be awarded directly if the public tender fails. I'm talking about it in a few general terms.

It is best to take a look at the provisions above the Bidding and Bidding Law!

Bidding and Bidding Law of the People's Republic of China", "Measures for Bidding and Bidding for Construction Projects", "Measures for Bidding and Bidding for Goods of Engineering Construction Projects", "Implementation Measures for International Bidding and Bidding of Mechanical and Electrical Products", "Interim Measures for Determining the Scope and Scale Standards of Bidding for Engineering Construction Projects, and Issuing Bidding Announcements", "Interim Provisions on Bid Evaluation Committees and Bid Evaluation Methods", "Measures for Handling Complaints about Bidding and Bidding Activities of Engineering Construction Projects".

Legal analysisBidding and Bidding Law of the People's Republic of China", "Measures for Bidding and Bidding for Construction of Engineering Construction Projects", "Measures for Bidding and Bidding for Goods of Engineering Construction Projects", "Implementation Measures for International Bidding and Bidding of Mechanical and Electrical Products", "Interim Measures for Determining the Scope and Scale Standards of Bidding for Engineering Construction Projects, and Issuing Bidding Announcements", "Interim Provisions on Bid Evaluation Committees and Bid Evaluation Methods", "Complaint Handling Office for Bidding and Bidding Activities of Engineering Construction Projects". If there are less than three bidders who submit bidding documents for projects that must be tendered in accordance with the law, the tenderer shall re-bid in accordance with the law after analyzing the reasons for the failure of the bidding and taking corresponding measures. If there are still less than three bidders after re-bidding, it is a construction project that must be approved and approved, and the bidding can no longer be carried out after the original examination and approval and approval department examination and approval; For other engineering construction projects, the tenderer may decide not to bid for other projects at its own discretion.

Legal basisDecision of the Standing Committee of the National People's Congress on Amending the Tendering and Bidding Law of the People's Republic of China and the Metrology Law of the People's Republic of China》 2. Amend the Metrology Law of the People's Republic of China (1) Amend the first paragraph of Article 3 to read: "The State implements the legal unit of measurement system. "The third paragraph is amended to read:

Due to special needs, the management measures for the use of non-statutory units of measurement shall be formulated separately by the administrative department of measurement. "(2) Delete the second paragraph of Article 9 "the people's measurement administrative departments at or above the county level shall conduct supervision and inspection". (3) Amend Article 12 to read:

Enterprises and institutions that manufacture and repair measuring instruments must have facilities, personnel, and verification instruments and equipment that are compatible with the measuring instruments manufactured and repaired by Sanchun. (4) Amend Article 14 to read: "No unit or individual may manufacture, sell or import measuring instruments that are not legal units of measurement in violation of regulations.

(5) Delete paragraph 2 of Article 15. (6) Delete paragraph 2 of Article 17. (7) An article is added to Chapter IV as Article 18:

The people's metrology administrative departments at or above the county level shall, in accordance with the law, supervise and inspect the manufacturing, repair, sale, import and use of measuring instruments, as well as related measurement activities such as measurement disorder verification. Relevant units and individuals must not refuse or obstruct it. "(8) Delete Article 22.

This decision shall take effect on December 28, 2017. The "Bidding Law of the People's Republic of China" and the "Metrology Law of the People's Republic of China" shall be amended accordingly and re-promulgated in accordance with this decision.

Regarding the content of bidding laws, regulations and policies, the "Bidding and Procurement Laws, Regulations and Policies" is based on the relevant laws and regulations on bidding and bidding, and the comprehensive rules and regulations issued by the National Development and Reform Commission and relevant departments, and comprehensively and accurately interprets and analyzes the relevant laws and regulations in the whole process of bidding and bidding activities, so as to help candidates correctly use the laws and regulations of bidding and bidding, and analyze and solve the actual legal problems of bidding and bidding.

The methods of project bidding are: public bidding. Public bidding refers to the tenderer's invitation to bid for unspecified legal persons or other organizations in the form of Fang Hongshen Zhengshi, which is covered by the bidding announcement.

Invitation to tender. Invitation to bid refers to the invitation of the tenderer to a specific legal person or other organization to bid in the form of a bid invitation. In accordance with the law:

If the tenderer adopts the method of inviting bidding, it shall issue an invitation to bid to more than three specific legal persons or other organizations with the ability to undertake the bidding project and good credit. The invitation to bid shall contain the matters prescribed by law.

What are the main bidding conditions for construction projects.

The bidding conditions for construction projects are mainly as follows: (1) the tenderer has been established in accordance with the law; (2) If the preliminary design and budget estimate shall be subject to examination and approval procedures, it has been approved; (C) the scope of the bidding, the bidding method and the form of the bidding organization shall be carried out approval procedures, has been approved; (4) There are corresponding funds or funds** have been implemented; (E) there are design drawings and technical information required for bidding.

Article 8 of the Tendering and Bidding Law must be tendered for construction projects that must be tendered in accordance with the law, and the following conditions shall be met before the construction bidding can be carried out:

A) the tenderer has been established in accordance with the law;

(2) If the preliminary design and budget estimate shall be subject to examination and approval procedures, it has been approved;

3) There are corresponding funds or funds** have been implemented;

4) There are design drawings and technical information required for bidding.

Which works need to be tendered.

Article 3 of the Tendering and Bidding Law stipulates that bidding must be carried out for the following engineering construction projects within the territory of the People's Republic of China, including the survey, design, construction, supervision of the project, and the procurement of important equipment and materials related to the construction of the project

1) Large-scale infrastructure, public utilities and other projects related to the public interest and public safety;

2) Projects that use all or part of state-owned funds for investment or state financing;

3) Projects that use loans and aid funds from international organizations or foreign countries.

The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department in conjunction with the relevant departments and submitted for approval.

If the law or the scope of other projects that must be tendered have provisions, follow those provisions.

Legal basisArticle 17 of the Tendering and Bidding Law of the People's Republic of China If the bidding blind person adopts the method of inviting bidding, it shall issue an invitation to bid to more than three specific legal persons or other organizations with the ability to undertake the bidding project and good credit.

The invitation to bid shall contain the matters specified in the second paragraph of Article 16 of this Law.

It belongs to civil and commercial law. "Tendering and Bidding Law of the People's Republic of China" Tendering and Bidding Law is a general term for the legal norms used by the state to regulate tendering and bidding activities and adjust various relationships arising in the process of tendering and bidding. According to the different legal effects, the legal norms of the Bidding and Bidding Law are divided into three levels:

The first level is the Law on Tendering and Bidding promulgated by the National People's Congress and its Standing CommitteeThe second level is the administrative regulations on bidding and bidding issued by the government and the local "Bidding and Bidding Law" regulations issued by the local people's congress with legislative powerThe third level is the departmental rules for bidding and bidding issued by the relevant departments and the local bidding and bidding regulations issued by the local people with legislative power. The "Tendering and Bidding Law" referred to in this Law belongs to the first level, that is, the "Tendering and Bidding Law" law formulated and promulgated by the Standing Committee of the National People's Congress. The "Tendering and Bidding Law" is a very important law in the legal system of the socialist market economy and the basic law in the entire field of tendering and bidding.

Article 50 of the Tendering and Bidding Law of the People's Republic of China provides that if a tenderer restricts or excludes potential bidders with unreasonable conditions, discriminates against potential bidders, compels bidders to form a consortium to bid together, or restricts competition between bidders, it shall be ordered to make corrections and may be fined not less than 10,000 yuan but not more than 50,000 yuan. Article 52 of the Tendering and Bidding Law of the People's Republic of China The tenderer of a project that must be tendered in accordance with the law discloses to others the name and number of potential bidders who have obtained the bidding documents or other circumstances related to bidding and bidding that may affect fair competition, or leaks the bottom of the bid, shall be given a warning and may be fined not less than 10,000 yuan but not more than 100,000 yuan; The directly responsible managers and other directly responsible personnel of the unit are to be sanctioned in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law. If the acts listed in the preceding paragraph affect the result of winning the bid, the winning bid shall be invalid.

Legal analysis: Bidding and Bidding Law of the People's Republic of China, Measures for Bidding and Bidding for Construction Projects of Gongyu Weicheng, Regulations on Bidding and Bidding for Water Conservancy Engineering Construction Projects, Measures for the Administration of Bidding and Bidding for Housing Construction and Municipal Infrastructure Projects, Implementation Measures for Bidding and Bidding for Railway Construction Projects, Interim Regulations on the Management of Bidding and Bidding for Communication Construction Projects, Measures for the Administration of Bidding and Bidding for Civil Aviation Professional Projects and Goods, Measures for the Administration of Bidding and Bidding for Highway Engineering Construction Supervision, Measures for the Administration of Bidding and Bidding for Highway Engineering Construction, etc.

Legal basis: Article 1 of the Tendering and Bidding Law of the People's Republic of China is formulated in order to regulate the bidding and bidding activities of Zhen Jingpei, protect the national interests, the social public interest and the legitimate rights and interests of the parties involved in the bidding and bidding activities, improve economic benefits, and ensure the quality of the project.