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If it is a public bidding, the bidder is out of town, due to force majeure can not reach the bid opening, the bidding documents can be delivered in the form of delivery, before the bid opening, the documents are delivered to the tenderer, and at the same time the description of the matter is faxed to the tenderer, at the time of bid opening, the notary public announces whether it is valid. However, in this case, there will generally be a branch of the company in the place where the bid is opened, or the office personnel will be responsible for signing as the authorized person
If you invite bidding, it is not much different from the open one, but in order to show the fairness of the bidding, it is best to meet the needs of more than 3 bidders, I mean that the bidders who received the invitation letter issued are all present after deciding to participate in the bidding. This is also a role in mutual supervision and mutual restraint. It is also responsible for its own company.
If the bid is invalid because the donor is absent or there is no donor, and the legal person is not there, then wouldn't it be in vain? What's more, the bid opening record must be signed for confirmation. Although this is signed by other families, only if you don't sign it, this situation will be regarded as your default result.
But there is no clear explanation of this article in the legal sense, so you should not make a special one. Whether you are a tenderer or a bidder, since you have decided to use the bidding method to carry out the project operation, then it has its significance, otherwise it is not simple to sign the contract directly? The preliminary work has been completed, why not do a full set?
Don't fail the bidding because of the last link, it will be worth the loss
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Bright and dark casting. As the name suggests, the bottom of the bid is public, and the bid is hidden.
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How can the bidder open the bid if he is not present?
Absolutely not. At least authorized ** people should be present!
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Legal analysis: Bidding is a general term, and in terms of attribution, bidding includes invitation to bid, which is one of the forms of bidding. Tenders are divided into open tenders and invited tenders, so the differences between the two are as follows:
Clause. First, the meaning is different. The full name of invitation to bid refers to the invitation of at least three qualified units, and then the issuance of bids and acceptance of bids among these units.
Public bidding refers to the public without specifying the bidding object in advance, and issuing a bidding announcement to the public, as long as it is a unit that meets the bidding conditions, it can bid for bidding. According to the relevant laws, the total investment or scale of the project exceeds the specified amount or marked, and involves public utilities, key construction projects, etc., must be tendered (except for military projects or special projects).
Clause. Second, the way of disseminating information is different. Public bidding is published in the form of an announcement; The invitation to bid is issued in the form of an invitation to bid;
Clause. Third, the scope of choice is different. The public bidding method is aimed at all potential legal persons or other organizations interested in the bidding project, and the tenderer does not know the number of bidders in advance; The invitation to tender is directed at legal persons or other organizations that are known and the number of bidders is known in advance;
Clause. Fourth, the scope of competition is different. The competition scope of public bidding is wider, and the competitiveness is more fully reflected, and it is easy to obtain the best bidding effect; The number of bidders in the invited tender is limited, the scope of competition is limited, and it is possible to omit some contractors who are more technically or competitive;
Clause. Fifth, the degree of disclosure is different. In public bidding, all activities must be carried out openly in strict accordance with pre-specified and well-known procedures and standards, which greatly reduces the possibility of cheating; The invitation to tender is less open and there are more opportunities for illegal acts;
Clause. Sixth, the time and cost are different. There is no need to make an announcement to invite bidding, and only a few bidding documents are sent, which shortens the entire bidding time and reduces its cost. The process of public tendering is complex, time-consuming and costly.
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 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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Bid opening activities shall be carried out in an open manner in accordance with the time, place and procedures specified in the bidding documents. However, some friends may have such questions: can the tenderer participate in the bid opening? In order to solve everyone's confusion, let's explain it in detail.
Of course, the tenderer can participate in the bid opening activities, but the members of the bid evaluator meeting cannot participate.
The legal basis is: Article 40 of the Administrative Measures for Bidding and Bidding for Procurement of Goods and Services, the bid opening shall be presided over by the purchaser or the procurement agency, and the bidders shall be invited to participate.
Precautions for bid opening site.
1. If there are less than 3 bidders, the bid shall not be opened; The tenderer shall re-tender.
2. If the bidder has any objection to the bid opening, it shall be raised at the bid opening site, and the tenderer shall reply on the spot and make a record.
3. When the bid is opened, the bidder or its elected representative shall check the sealing of the bidding documents, or it can be checked and notarized by a notary public entrusted by the tenderer; confirmed.
4. The staff unpacks the package in public and reads out the name of the bidder, the bidding ** and other main contents of the bidding documents.
5. All bidding documents received by the tenderer before the deadline for submitting bidding documents required by the bidding documents.
6. When the bid is opened, it should be opened and read out in public. The bid opening process shall be recorded and archived for future reference.
7. Presiding over the bid opening activities. Under normal circumstances, if the tenderer handles the bidding matters on its own, the tenderer shall preside over the bid opening; If the tenderer entrusts the bidding agency, the bid opening shall be presided over by the bidding agency. The relevant administrative organs may send people to participate in the bid opening activities and conduct on-site supervision of the bid opening activities.
However, it is not possible to substitute for the tenderer to preside over the bid opening. God talks.
8. Personnel attending the bid opening activities. Representatives of bidders participating in the bid opening shall sign to prove their attendance. All bidders participate in the bid opening and carry out the bid opening activities under the on-site supervision of all bidders, which is conducive to the openness and transparency of the bid opening activities.
It is the legal right of all bidders to participate in the bid opening activities, and the tenderer shall not exclude or restrict any bidder from participating in the bid opening activities for any reason.
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Non-electronic bid evaluation must arrive!
According to the requirements of the tender documents. Some bidding documents require that the presence of a legal person, some is a builder, and some legal person builders must be present.
Bidding Law of the People's Republic of China
Chapter IV bid opening, bid evaluation and bid winning.
Article 34 the opening of bids shall be made public at the same time as the deadline for submission of bidding documents determined in the bidding documents; The place of bid opening shall be the place predetermined in the solicitation documents.
Article 35 The bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate.
Article 36 when the bid is opened, the bidder or its elected representative shall check the sealing of the bidding documents, or it may be inspected and notarized by a notary public entrusted by the tenderer; After being confirmed, the staff will open the package in public and read out the name of the bidder, the bidding ** and other main contents of the bidding documents.
All bidding documents received by the tenderer before the deadline for submitting bidding documents required by the tendering documents shall be unsealed and read out in public when the bid is opened.
The bid opening process shall be recorded and archived for future reference.
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Legal analysis: The tenderer shall invite all bidders to participate in the bid opening, in order to ensure that the bid opening is carried out in accordance with the principle of openness and fairness under the participation and supervision of all bidders, plugging the loopholes that may arise in the bid opening process, and protecting the legitimate rights and interests of bidders.
Legal basis: Bidding and Bidding Law of the People's Republic of China Article 34 The opening of bids shall be carried out publicly at the same time as the deadline for the submission of bidding documents determined in the bidding documents; The place of bid opening shall be the place predetermined in the solicitation documents.
Article 35 The bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate.
Bidding is a common procurement method used by many large enterprises, which is the process of selecting the winning bidder of the project through the procurement and requirements announced in advance, attracting a large number of bidders to compete on an equal footing under the same conditions, in accordance with the prescribed procedures and organizing experts in technical, economic and legal aspects to conduct a comprehensive review of many bidders, and selecting the winning bidder of the project from it. >>>More