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Including tenderers, bidding agencies, bidders, discipline inspection commissions, notary supervisors, bid evaluation committees, administrative departments, etc.
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1. Tenderee: The tenderer is a legal person or other organization that proposes a bidding project or conducts bidding in accordance with the laws and regulations on bidding and bidding.
2. Bidder: The bidder is a legal person or other organization that responds to the bidding and participates in the bidding competition.
The Bidding Law of the People's Republic of China.
Article 38 The tenderer shall take necessary measures to ensure that the bid evaluation is carried out in strict confidentiality.
No unit or individual shall illegally interfere with or affect the process and results of bid evaluation.
Article 39 The bid evaluation committee may require the bidder to make necessary clarifications or explanations on the unclear content of the bidding documents, but the clarification or explanation shall not exceed the scope of the bidding documents or change the substantive content of the bidding documents.
Article 40 The bid evaluation committee shall evaluate and compare the bid documents in accordance with the bid evaluation standards and methods determined in the bidding documents; If there is a bid base, the bid base shall be referenced. After the bid evaluation committee completes the bid evaluation, it shall submit a written bid evaluation report to the tenderer and recommend qualified bid-winning candidates.
The tenderee shall determine the winning bidder according to the written bid evaluation report submitted by the bid evaluation committee and the recommended winning candidates. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder.
If there are special provisions on the evaluation of specific bidding projects, such provisions shall prevail.
The above information ** fire bid network.
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There are three main types of projects that must be publicly tendered in accordance with the law:
First, national key projects and local key projects determined by the people of provinces, autonomous regions and municipalities directly under the Central Government;
Second, projects in which state-owned funds hold a controlling or dominant position and must be tendered in accordance with the law;
The third is other projects that must be subject to public bidding according to laws and regulations. For example, Article 26 of the ** Procurement Law stipulates that public bidding shall be the main procurement method of ** procurement; Article 26 of the "Land Reclamation Regulations" stipulates that if the land reclamation is invested, the relevant land and resources departments shall, in accordance with the provisions of the laws and regulations on bidding and bidding, determine the construction unit of the land reclamation project through public bidding.
Projects that must be subject to public bidding in accordance with the law, due to the existence of demand conditions and market restrictions and cannot be implemented public bidding, and meet the conditions prescribed by law, after the relevant supervision and management departments of the bidding project are examined, approved or identified, the invitation to bid can be adopted. Legal basis: Article 10 of the Bidding Law, 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.
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The conditions that need to be met for public bidding are as follows:
First, national key projects and local key projects determined by the people of provinces, autonomous regions and municipalities directly under the Central Government (Article 11 of the Bidding and Bidding Law);
second, projects in which state-owned funds hold a controlling or dominant position and must be tendered in accordance with the law (Article 8 of the Regulations for the Implementation of the Tendering and Bidding Law);
The third is other projects that must be subject to public bidding according to laws and regulations. For example, Article 26 of the ** Procurement Law stipulates that public bidding shall be the main procurement method of ** procurement; Article 26 of the "Land Reclamation Regulations" stipulates that if the land reclamation is invested, the relevant land and resources departments shall, in accordance with the provisions of the laws and regulations on bidding and bidding, determine the construction unit of the land reclamation project through public bidding.
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1. National key projects and local key projects determined by the people of provinces, autonomous regions and municipalities directly under the Central Government (Article 11 of the Bidding and Bidding Law);
2. Projects in which state-owned funds hold a controlling or dominant position and must be tendered in accordance with the law (Article 8 of the Regulations for the Implementation of the Tendering and Bidding Law);
3. Other projects that must be subject to public bidding according to laws and regulations. For example, Article 26 of the ** Procurement Law stipulates that public bidding shall be the main procurement method of ** procurement;
Article 26 of the "Land Reclamation Regulations" stipulates that if the land reclamation is invested, the relevant land and resources departments shall, in accordance with the provisions of the laws and regulations on bidding and bidding, determine the construction unit of the land reclamation project through public bidding. For more bidding information, please log in to the bidding network to view!
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The cases that must be subject to public bidding are mainly large-scale projects and public welfare projects. Specifically, projects involving relatively large social and public interests are subject to public bidding, and the provisions of the law generally refer to large-scale infrastructure, public utilities and other projects related to social public interests and public safety, as well as projects that use all or part of state-owned funds for investment or state financing. It can be seen that the purpose of public bidding is to protect the public interest.
[Legal basis].Bidding and Bidding Law of the People's Republic of China Article 3 The following engineering construction projects in the territory of the People's Republic of China, including the survey, design, construction, supervision and procurement of important equipment and materials related to the construction of the project, must be tendered:
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.
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Engineering construction projects include the survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, which must be tendered.
Public bidding is the main procurement method of procurement, which refers to the procurer in accordance with legal procedures, through the issuance of tender announcements, to invite all potential unspecified bidders to participate in the bidding.
It is a procurement method in which the purchaser selects the winning bidder from all the bidders through a certain predetermined standard and signs a procurement contract with it.
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The "Regulations on the Administration of Bidding and Bidding for Agricultural Capital Construction Projects" stipulates that the estimated price of a single construction contract is more than 2 million yuan; The estimated price of a single contract for the purchase of instruments, equipment and materials is more than RMB 1 million; Procurement of survey, design, supervision and other services, with an estimated price of more than RMB 500,000 for a single contract; If the estimated price of a single contract is lower than the above provisions, and the total investment amount of the project is more than 30 million yuan, public bidding must be conducted.
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Article 11 of the "Tendering and Bidding Law" stipulates that if the national key projects of the development planning department and the local key projects determined by the people of provinces, autonomous regions and municipalities directly under the Central Government are not suitable for public bidding, they may be invited to bid with the approval of the development planning department or the people of the provinces, autonomous regions and municipalities directly under the Central Government. The essence of this provision is to emphasize that key projects must be subject to public bidding.
First, national and local key projects should be subject to public bidding. National key construction projects refer to the backbone projects that have a significant impact on national economic and social development determined from the national large and medium-sized capital construction projects, and are determined by the development planning department in consultation with the relevant competent departments. Local key construction projects refer to the backbone projects that have a major impact on the economic and social development of the region determined from the local large and medium-sized capital construction projects, and are determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
It can be seen that key construction projects should have at least two standards: first, the scale of investment to meet the national standards of large or medium-sized standards; Second, it has a major impact on the national economy or the economic and social development of the region in terms of its actual role. Most of these projects belong to infrastructure, basic industries and pillar industries, or high-tech projects that can drive the progress of the industry.
In order to ensure the management of key construction projects and ensure the quality of key construction projects and the completion of key construction projects on schedule, it is necessary to adopt the method of public bidding. Because open bidding has more advantages in transparency and competitiveness, it can better reflect the purpose and purpose of the bidding system. In 1996, the Measures for the Administration of National Key Construction Projects promulgated and implemented stipulate that the design, construction, supervision and equipment procurement of the main projects of national key construction projects shall be subject to public bidding by the construction project legal person in accordance with the law, and the winning bidder shall be selected on the basis of merit.
This system is further confirmed by the Tendering and Bidding Law. Second, key projects that are not suitable for public bidding may be invited for bidding upon approval. Under certain circumstances, such as due to the complexity of the project technology or special requirements, involving patent protection, limited by natural resources or environment, and the difficulty in determining new technologies or technical specifications in advance, the number of qualified bidders to choose from is limited, and it is not appropriate or feasible to implement public bidding.
In this case, the tenderer can choose another bidding method stipulated in Article 10 of the Tendering and Bidding Law - inviting bidding. The number of bidders in the invitation to bid is limited, and the openness and competitiveness are far less than the open bidding, which is easy to produce illegal operations and insider trading, and if strict supervision is not carried out, it will bring irreparable losses to the construction of key projects. Considering that the national key projects and local key projects are determined by the development planning department and the people of provinces, autonomous regions and municipalities directly under the Central Government, it is more appropriate for the project determination department to exercise the right to supervise the invitation to bid.
Therefore, Article 11 of the "Tendering and Bidding Law" stipulates that if it is not suitable for public bidding, it may be invited to bid with the approval of the development planning department or the people of provinces, autonomous regions and municipalities directly under the Central Government.