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1. The purchaser prepares the plan and submits it to the Procurement Office of the Department of Finance for review;
2. The procurement office and the bidding agency shall go through the entrustment procedures and determine the bidding method;
3. Conduct market research, confirm the procurement project with the purchaser, and prepare the bidding documents.
4. Issue a tender announcement or issue a tender invitation letter;
5. ** Bidding documents, prequalification of potential bidders;
6. Accept bidders' bids;
7. Open the bid at the time and place specified in the announcement or invitation letter;
8. The bid evaluation committee shall evaluate the bid documents;
9. Determine the winning bidder according to the bid evaluation principles and procedures;
10. Send a notice of winning the bid to the winning bidder;
11. Organize the winning bidder to sign a contract with the purchasing unit;
12. Supervise and manage the performance of the contract, and resolve the disputes between the winning bidder and the purchasing unit.
** Article 45 of the Administrative Measures for the Bidding and Bidding of Procurement of Goods and Services The bid evaluation committee shall be composed of representatives of the purchaser and experts in relevant technical and economic aspects, and the number of members shall be more than five odd numbers. Among them, experts in technology, economics and other fields shall not be less than two-thirds of the total number of members. For projects with a procurement amount of more than 3 million yuan and complex technology, the number of technical and economic experts in the bid evaluation committee shall be more than five or more odd numbers.
Experts who have consulted the bidding and procurement unit on the bidding documents shall not participate in the bid evaluation as bid evaluation experts. The purchaser shall not participate in the evaluation of the procurement project of the department or the unit as an expert. The staff of the procurement agency shall not participate in the evaluation of the procurement project by the agency.
In principle, the list of members of the bid evaluation committee shall be determined before the opening of the bid and kept confidential before the bidding results are determined.
Therefore, when bidding for the project, it is necessary to carry out the relevant process and comply with the relevant laws and regulations, which is also a more important point at present.
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It is possible to conduct non-bidding procurement without bidding, and choose to bid, bid or negotiate exclusively.
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Legal analysis: Order No. 16 issued by the state stipulates that construction projects with a matching amount of more than 4 million yuan must be subject to public bidding, but there is no provision on how to award contracts for projects with a matching price of less than 4 million yuan.
Legal basis: Article 10 of the Tendering and Bidding Law of the People's Republic of China is divided into public 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 tenderer selling the spine to invite a specific legal person or other organization to bid in the form of a bidding invitation.
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Legal analysis: 1. If it is a public institution, according to the provisions of the fund, the size of the amount of Jin Chunqi and the financial provisions of the unit, the form of procurement without judgment shall be adopted, such as public bidding, online bidding, electronic counter-auction, agreement procurement, centralized procurement, and if self-raised, internal invitation bidding can also be used. 2. If it is a state-owned enterprise, it can be procured in the form of third-party bidding institutions and internal invitation bidding, according to the goods, funds, amounts, financial systems, and audit systems.
Legal basis: "Tendering and Bidding Law of the People's Republic of China" Article 49 In violation of the provisions of this Law, if the project that must be tendered is not tendered, the project that must be tendered is reduced to zero or the bidding is avoided in any other way, it shall be ordered to make corrections within a time limit, and a fine of not less than 5/1000 but not more than 10/1000 of the contract amount of the project may be imposed; For projects that use all or part of state-owned funds, the implementation of projects or the allocation of funds may be suspended; The directly responsible managers and other directly responsible personnel of the unit are to be given sanctions in accordance with law.
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If the project must be tendered in accordance with the law, the "Bidding and Bidding Law" shall apply, and the method of public bidding or invitation to bid shall be adopted. So, can the bidding method still be used for the construction of projects below 4 million yuan that are not subject to bidding in accordance with the law? Some time ago, a colleague asked this question in the Q&A channel of the Yicaitong APP.
Let's look at an example:
The renovation project of the office building of a testing center has a budget of 3.86 million yuan. The main contents are structural reinforcement, exterior wall renovation, roof renovation, elevator shaft impermeability, toilet renovation and building anti-corrosion and waterproofing. Can this renovation project be procured by tender?
In accordance with the provisions of Article 25 of the Regulations for the Implementation of the Procurement Law and the interpretation of the regulations, there are three procurement methods to choose from.
The first option is a single procurement method. Single ** is not commonly used in engineering procurement, because there are few engineering projects that can be done by only one ** company.
The second way is competitive negotiation. From the actual situation, the vast majority of owners of the closed family are reluctant to use competitive negotiation, because they are unwilling to choose a low price to deal with the project, and they are worried that the vicious low price will affect the quality of the project.
The most sedan chair is followed by competitive negotiation procurement. The competitive negotiation uses a comprehensive scoring method, but there is a big confusion in the operation, that is, there is no clear regulation of the weight of the project. Many parties consulted front-line practical experts, and they generally adopted the weight of the goods, that is, the first score is not less than 30%.
Why? Because the manpower, management, and taxes in the project account for less than half, and more than 60% is the material cost, it is more reasonable to set the weight of the goods. However, this is based on practical experience, not laws and regulations.
In addition, the Interim Measures for the Administration of Competitive Negotiation Procurement Methods (Cai Ku No. 214) stipulates that the cycle of negotiation procurement methods is 5+10, that is, the sale period of the consultation documents shall not be less than 5 working days from the date of commencement, and shall not be less than 10 days from the date of issuance of the consultation documents to the deadline for the submission of the first response documents by the first businessmen. This is similar to the waiting period of the tender, and it is not very efficient. Therefore, the competitive negotiation method is actually not very useful.
Since the three procurement methods of unitary**, competitive negotiation and competitive negotiation are not easy to use. Then, it is understandable that a large number of bidding methods are chosen in practice for ** procurement projects that are not subject to bidding in accordance with the law. What do you do? Feel free to share.
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Legal analysis: projects below 4 million do not need to be tendered, and the list of dangerous projects must be listed in the construction bidding documents.
Legal basis: "Provisions on projects that must be tendered" Article 5 of the projects within the scope of Articles 2 to 4 of these provisions, the survey, design, construction, supervision and procurement of important equipment and materials related to the construction of the project meet one of the following standards, must be tendered: (1) the estimated price of a single construction contract is more than 4 million yuan; (2) For the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 2 million yuan; (3) For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than 1 million yuan.
In the same project, the survey, design, construction, supervision and management of the survey, design, supervision, and the procurement of important equipment and materials related to the construction of the project must be tendered, and the total estimated price of the contract reaches the standards specified in the preceding paragraph.
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Legal analysis: The estimated price of a single construction contract is 4 million yuan, and it is also subject to bidding.
Legal basis: "Provisions on projects that must be tendered" Article 5 of the provisions of the provisions of the second to fourth provisions of the scope of the project, its survey, design, construction, supervision and procurement of important equipment and materials related to the construction of the project to meet one of the following standards, Qingkai must be tendered:
1) The estimated price of a single construction contract is more than 4 million yuan;
(2) For the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 2 million yuan;
3) For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than 1 million yuan.
If the total estimated price of the contract reaches the standards specified in the preceding paragraph, bidding must be invited for the survey, design, construction, supervision and procurement of important equipment and materials related to the construction of the same project.
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