The difference between competitive negotiation and invitation to tender

1. Competitive negotiation.

It refers to a procurement method in which the purchaser or the first organization negotiates with a number of ** merchants (not less than 3 companies) and finally determines the winning bidder.

2. Invite bidding.

Also known as selective bidding, it is conducted by the purchaser according to the ** merchant or contractor.

The credit and performance, select a certain number of legal persons or other organizations (not less than 3), issue a bidding invitation to them, invite them to participate in the bidding competition, and select the winning bidder from a procurement method.

The official website shall prevail.

Legal analysis: Competitive negotiation refers to the way in which the purchaser or the procurement agency directly invites more than one supplier to negotiate on procurement matters. Invitation to bid is one of the two ways of bidding and bidding.

Invitation to bid is a competitive transaction method in which the tenderer directly invites specific potential bidders to participate in the bidding in the form of an invitation to bid, and determines the winning bidder in accordance with the evaluation criteria and methods specified in the legal procedures and bidding documents. The counterpart is open tendering. Invitation to bid refers to the bidding and procurement unit in accordance with the law from the corresponding qualifications of the first business randomly invited more than three businessmen, and in the form of a bid invitation, invited to participate in the bidding.

Legal basis: Article 38 of the Administrative Measures for the Bidding and Bidding of Procurement of Goods and Services If the bidder withdraws the submitted bidding documents before the deadline for bidding, the purchaser or the procurement agency shall refund the bid deposit collected within 5 working days from the date of receipt of the bidder's written withdrawal notice, except for those that cannot be returned in time due to the bidder's own reasons. The purchaser or the procurement agency shall return the bid bond of the unsuccessful bidder within 5 working days from the date of issuance of the notice of winning the bid, and return the bid bond of the winning bidder or the performance bond converted to the winning bidder within 5 working days from the date of signing the procurement contract.

If the purchaser or the procurement institution returns the bid bond within the time limit, in addition to the tender bond principal selling money, it shall also pay the overdue fund occupation fee at the interest rate of 20% increase in the benchmark loan interest rate of the People's Bank of China for the same period, except where the bidder cannot return it in time due to its own reasons.

Legal analysis: The differences between invitation to bid and competitive negotiation are: different concepts, different scope of application, different applicable laws and policies, different procedures, and different number of negotiation objects.

Invitation to bid by the purchaser according to the credit and performance of the first business or contractor, select a certain number of legal persons or other organizations (not less than 3), issue a tender invitation to them, invite them to participate in the bidding sail or credit competition, from which to select the winning bidder of a procurement method; Competitive negotiation refers to a procurement method in which the purchasing group purchaser or the first institution negotiates with a number of ** merchants (no less than 3 companies) and finally determines the winning bidder.

Legal basis: Article 26 of the ** Procurement Law of the People's Republic of China ** procurement adopts the following methods: (1) public bidding; (2) Invitation to bid; (3) competitive negotiations; (4) Single-state wheel procurement; (5) Inquiry; (F) ***** procurement supervision and management departments identified other procurement methods.

Public bidding should be used as the main procurement method of **procurement.

Competitive negotiations.

It is not an invitation to tender.

The similarity between the two is to invite a limited number of bidders to bid, but the invitation to bid requires the issuance of a prequalification announcement, open bidding, **only one-time **. Competitive negotiations do not require announcements, and multiple times are allowed, and technical parameters can also be discussed.

In addition, competitive negotiation refers to the way in which the purchaser or the procurement agency directly invites more than one business to negotiate on procurement matters, which is mainly characterized by reducing the workload, eliminating a large number of bid opening and bidding work, which is conducive to improving work efficiency and reducing procurement costs. The invitation to tender is made by the purchaser according to the contractor or contractor.

The credit and performance, select a certain number of legal persons or other organizations, issue an invitation to bid, and select the winning bidder from a kind of brother mu procurement party bend type.

Competitive negotiation is not a form of tendering. Competitive negotiation is when the purchaser invites a specific object to negotiate and allows the negotiation object to determine the contractor's procurement method for the second time. According to Article 10 of the Tendering and Bidding Law, "bidding is divided into open bidding and invitation to bid", so competitive negotiation is not a bidding activity.

According to the provisions of the Procurement Law: "Article 26 The following methods are used for procurement: public bidding; invitation to tender; Competitive negotiations. Single ** procurement; Inquiry; Other procurement methods identified by the procurement supervision and management department. ”

**Procurement methods include at least the above five procurement methods, of which open bidding and invitation to bid belong to the scope of bidding and bidding. Competitive negotiation, single procurement, and inquiry belong to the first procurement method, but they are not in the category of bidding and bidding.

What is Competitive Negotiation?

Competitive negotiation refers to a procurement method in which the purchaser or the first institution negotiates with a number of first merchants and finally determines the winning bidder. Due to its own particularity and flexibility, competitive negotiation is often used in the daily work of centralized procurement agencies.

Difference Between Competitive Negotiation and Tendering:

1.**Negotiation is determined differently.

Bidding is to invite unspecified businessmen to participate in the bidding in the form of announcements, which can motivate businessmen to consciously apply high-tech to the procurement of products, and at the same time can transfer procurement risks.

In addition to the announcement, competitive negotiation may also be recommended in writing by the purchaser and evaluation experts, or randomly selected from the first business pool established by the financial department at or above the provincial level, and the goods or services that meet one of the following circumstances may be subject to competitive negotiation in accordance with this Law.

2.The date of issuance of the document varies.

The requirements of the bidding are from the date of issuance of the bidding documents to the date of submission of the bidding documents, not less than 20 days; The requirement for competitive negotiation is from the date of issuance of the negotiation document to the date of submission of the first response document by the first business, which shall not be less than 3 working days.

3.The nature is different.

If there is no first-class commercial bidding or there is no qualified target or the re-bidding fails to be established, the bidding shall be carried out; However, if the technology is complex or special in nature, and the detailed specifications or specific requirements cannot be determined, competitive negotiation shall be conducted.

4.The judging methods are different.

The main evaluation methods of bidding are the comprehensive bid evaluation method and the lowest bid evaluation price method.

According to the provisions of the "Procurement Law": "Article 26 The following methods are used for procurement:

a) public bidding;

(2) Invitation to bid;

(3) competitive negotiations;

4) Single-** procurement;

(5) Inquiry; (F) ***** procurement supervision and management departments identified other procurement methods. ”

The term "negotiation of tenders" has been excluded from the normative procurement approach.

Competitive negotiation and public bidding", please refer to the "** Procurement Law" and "Bidding and Bidding Law" to understand.

The "Procurement Law" stipulates that China's procurement methods include public bidding, invitation to bid, competitive negotiation, single procurement, inquiry and other procurement methods identified *****by the procurement supervision and management department.

Strictly speaking, competitive negotiation is a form of procurement, but it is not a form of bidding procurement.

Legal Analysis: Competitive negotiation is not a form of bidding. It is an implementation method of procurement, and it needs to be made clear that there is a difference between the purchase of liquid fiber and bidding, and the key difference lies in the procurement subject and procurement funds.

Competitive negotiation refers to a procurement method in which the purchaser or the institution negotiates with a number of bidders (not less than 3) and finally determines the winning bidder in the procurement activities. Competitive negotiation requires the publication of a competitive negotiation notice.

Legal basis: Article 26 of the ** Procurement Law of the People's Republic of China ** procurement adopts the following methods: (1) public bidding; (2) Invitation to bid; (3) competitive negotiations; 4) Single-** procurement; (5) Inquiry; (F) ***** procurement supervision and management departments identified other procurement methods.

1. The procedure is different.

invitation to tender; Main procedures: issuance of invitations, bidding, bid opening, bid evaluation, bid awarding, and contract signing.

The main procedures of competition negotiation: negotiation, clarification, change, comment, finalization, and determination of the deal.

2. The number of objects is different.

Competitive negotiations are conducted individually on a one-to-one basis; The invitation to tender is carried out on a one-to-many basis.

3. The project is different in terms of **.

Once the invitation to bid is invited, it will remain unchanged [typical such as the list]; Competitive negotiations can be evaluated by both parties.

4. Different definitions.

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.

Bid negotiation. That is, negotiated procurement, which is a way to finally achieve the purpose of procurement through one-to-one negotiation between the purchaser and the purchaseee.

It is not open and competitive, so it does not belong to the bidding and bidding.

Procurement method. <>

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Bid negotiation procedures. 1. The bidding committee determines the bid negotiation schedule.

2. The tenderer and the bidder negotiate the bid, and the participants in the bid negotiation are technical, economic and legal experts from both sides. The issues involved are such as tenders.

business, technical, legal, and other issues.

3. The conclusion of the bid negotiation should be recorded in written form with perfect and accurate wording, so as to be included in the contract documents. Each party shall have a senior representative review the documents resulting from the negotiation of the tender and sign each page of the document.

4. If the bid negotiation time is too long, the validity period of the bid is exceeded.

The tenderer will ask several candidates who have a lot of hope to extend the bid guarantee.

validity period. If the bidder refuses, the bidder's bid becomes invalid.

invitation to tender; : The tenderer toInvitation for tendersInvite a specific legal person or other organization to bid.

Competitive negotiations. : refers to the direct invitation of the purchaser or the procurement organizationMore than three ** businessmen entered into negotiations on procurement mattersway.

Bid negotiation. : The contracting unit directly contracts with the selected contractor on the projectConduct consultationsof tenders.

The most basic differences are:Bid negotiation is one-to-one, and competitive negotiation is one-to-many。With regard to bid negotiations, because the negotiations are not open and competitive, they are prone to behind-the-scenes transactions, black-box operations and corruption, and it is difficult to ensure the quality of procurement.

Legal Analysis: Applicable. After the bidding, there is no bidding or there is no qualified subject or the re-bidding is not established, the technology is complex or the nature is special, and the draft can not determine the detailed specifications or specific requirements, the time required for the bidding can not meet the urgent needs of the user, and the total amount can not be calculated quietly, competitive negotiation can be used.

Legal basis: Article 30 of the Procurement Law of the People's Republic of China Article 30 Goods or services that meet any of the following circumstances may be procured through competitive negotiation in accordance with this Law: (1) After the bidding, there is no unqualified bidding or no qualified bidding or the re-bidding is not established; (2) The technology is complex or special in nature, and it is not possible to determine the detailed specifications or specific requirements; (C) the use of bidding time can not meet the urgent needs of users; (4) The total amount cannot be calculated in advance.

1. The way to determine the business is different.

Public bidding is to invite unspecified businessmen to participate in the bidding in the form of announcements.

In addition to the announcement, competitive negotiation can also be recommended in writing by the purchaser and the review experts, or randomly selected from the first-class business database established by the financial department at or above the provincial level.

2. The date of issuance of the document is different.

The requirement for public bidding is from the date of issuance of the bidding documents to the date of submission of the bidding documents, which shall not be less than 20 days.

The requirement for competitive negotiation is from the date of issuance of the negotiation document to the date of submission of the first response document by the first business, which shall not be less than 3 working days.

3. The time limit for clarification and modification is different.

If the public bidding needs to be clarified or modified to the bidding documents that have been issued, if the content of the clarification or modification may affect the preparation of the response documents of the first business, it should be at least 15 days before the deadline for bidding.

The competitive negotiation requirement is 3 working days prior to the deadline for the submission of the first response documents.

4. The evaluation methods are different.

The evaluation method of competitive negotiation is that all members of the negotiation team concentrate on negotiating separately with a single contractor.

Then the purchaser selects the lowest and lowest supplier from the negotiation team from the negotiation team, and informs all the unfinished merchants who participate in the negotiation.