How can bidders protect their design inspiration and innovation when bidding for design?

Article 22 for the unsuccessful scheme that meets the requirements of the bidding documents, open bidding, the tenderer shall be in the bidding.

In the announcement, it is clear whether to give economic compensation and the amount of compensation to the unsuccessful bidder; If the tender is invited, it shall be given to the unsuccessful bidder.

The amount of compensation shall be specified in the invitation to bid.

Article 24 If the tenderer or the winning bidder uses the unsuccessful plan, it shall obtain the consent of the tenderer who submitted the plan and pay.

Fees are given. Article 38 For the design scheme that meets the requirements of the design bidding documents but does not win the bid, the tenderer shall give different degrees.

compensation. A) the use of public bidding, the tenderer should be clear in the bidding documents for its compensation standards. If the number of bidders is too large, recruit.

The bidder may clearly compensate a certain number of bidders in the bidding documents.

2) To adopt the invitation to bid, the tenderer shall give economic compensation to each unsuccessful bidder, and in the invitation letter for bidding.

Clarify the compensation criteria.

The tenderer can set different levels of compensation standards according to the situation, so as to select the excellent design scheme selected by the bid evaluation committee.

Give appropriate encouragement.

Article 39 The design of domestic and foreign design enterprises participating in the bidding for construction engineering design within the territory of the People's Republic of China shall be received.

fees, should be in accordance with the principle of equal national treatment, strict implementation of the People's Republic of China's design fee standards.

If the bidder's own patent or proprietary technology is used in the engineering design, the patent and proprietary technology shall be charged by the tenderer and the bidder.

The bidder shall negotiate and determine.

Article 40 The tenderer shall protect the intellectual property rights of the bidder. The bidder owns the copyright (copyright) of the design scheme. Not.

With the written consent of the bidder, the tenderer shall not transfer the delivered design scheme to a third party or use it outside the scope of this bidding.

He builds projects.

After the tenderer signs the design contract with the winning bidder, the tenderer has the right to use the winning scheme in the construction project. Winning bidder.

The person shall protect the tenderer from infringement lawsuits or claims from third parties once the use of its design scheme shall not be subject to infringement lawsuits or claims from third parties, otherwise the winning bidder shall:

Assume all responsibilities arising therefrom.

If the tenderer or the winning bidder uses the technical achievements or technical solutions in the bidding documents of other unsuccessful bidders, it shall be collected in advance.

With the written consent of the bidder, and pay the royalties according to the regulations. Without the written permission of the relevant bidder, the tenderer or the winning bidder.

People shall not use the technical achievements or technical solutions in the bidding documents of other bidders without authorization.

The intellectual property rights of the design scheme completed by the consortium bidders are jointly owned by the consortium members.

Administrative Measures for Bidding and Bidding for Construction Engineering Scheme Design Administrative Measures for Bidding and Bidding for Construction Engineering Design.

The tenderer or the winning bidder can not use other bidders' plans and designs at will, and there are clear provisions that the bidders should do a good job of data backup and evidence preservation for their own program design, and once it is misappropriated, it can be solved by law.

This issue involving intellectual property rights is only for projects that are not compensated in the ** bidding or program bidding.

It means that the survey unit does not need to be tendered, and the designated unit has completed the survey, and the next step is to conduct design bidding.

In this way, the design bidder should be provided with survey information, otherwise the design bidder will not even understand the geological situation how to design.

In the future, when bidding for construction, the survey data and design drawings should be given to the construction bidding unit.

What does it mean that the survey has been completed and no bidding is conducted?

Generally, it depends on which project to undertake, which project to undertake, how much is the budget, whether the construction is difficult, the specific requirements of the purchaser and relevant laws and regulations.

If you have any objections, you can reflect too many laws and regulations related to the bidding agency, and it is recommended that you find the laws and regulations related to your project to check the simple project, which generally has no requirements.

According to Article 44 of the Tendering and Bidding Law, no property or other benefits shall be accepted from the bidder.

Article 44 of the Tendering and Bidding Law stipulates that the members of the bid evaluation committee shall perform their duties objectively and impartially, abide by professional ethics, and bear personal responsibility for the evaluation opinions put forward. The members of the bid evaluation committee shall not contact the bidder privately, and shall not accept the bidder's property or other benefits.

The members of the bid evaluation committee and the relevant staff involved in the bid evaluation shall not disclose the evaluation and comparison of the bid documents, the recommendation of the winning candidate and other information related to the bid evaluation.

If the bidding documents do not mention the preferential treatment, don't promise again, just put it in place; If the bidding documents allow the bidder to have alternatives, preferential plans can be proposed; Other preferential conditions, as long as they do not involve **, can be reflected in the form of a letter of commitment in the tender letter.

The bidder promises to give the bidding and procurement unit a variety of preferential conditions (preferential conditions cannot include the procurement matters involved in the procurement project itself). Bidders cannot provide goods and services in any name such as "gift, gift" to circumvent the constraints of the bidding documents. Otherwise, the bidding documents provided by the bidder will be treated as invalid bidding, and the bidder's bidding behavior will be determined as excluding other bidders by improper means).

So, it's OK to float the ** directly! It's better not to do anything else, lest it be self-defeating!

According to the results of their own calculations, they mainly give preferential treatment on the **.

For example: if our company wins the bid, it will be discounted on the basis of ** million yuan.

The Ministry of Housing and Urban-Rural Development promulgated on March 21, 28 "Administrative Measures for Bidding and Bidding for Construction Engineering Scheme Design" Jian Shi [2008] No. 63 has relevant provisions on design bidding. Where:

Article 32 In any of the following circumstances, the tenderer shall re-bid in accordance with the law:

1) All bids are scrapped or rejected;

2) After the bid evaluation committee defines the bid as unqualified or scrapped, the bid evaluation committee decides to reject all bids due to the obvious lack of competition due to the lack of 3 valid bidders;

3) Agree to extend the validity period of the bidder less than 3.

In accordance with the first circumstance of the preceding paragraph, the bid evaluation committee shall explain in detail the reasons why all bids are scrapped or rejected in the bid evaluation minutes.

If the tenderer re-tenders in accordance with the law, the bidder shall be disqualified from re-bidding if there are illegal or serious violations such as collusion, fraud, bribery, price reduction or fraud.

As a bid evaluation expert usually will not be easily made as a scrap bid, especially in the case of only a small number of bidders should be more cautious, usually too high is just the commercial bid score will be lower or get zero points instead of scrap bid, the provisions of the second paragraph of the above article are obvious, less than 3 effective bidders should be regarded as a clear lack of competition, should be re-tendered.

It is clear that there are less than three valid bidders, but whether to re-bid is decided by the jury. The basis for re-bidding is as follows: "After the bid evaluation committee rejects the unqualified bid or defines it as a scrapped bid, the bid evaluation committee decides to reject all the bids because there are less than three valid bids, which makes the bidding obviously lack competition; ”

Measures for Bidding and Bidding for Survey and Design of Engineering Construction Projects" stipulates:

Article 48 In the following circumstances, the tenderer shall re-bid in accordance with these measures:

A) prequalified potential bidders less than three;

B) before the deadline for submission of bidding documents less than three bidders;

3) All bids are invalidated or rejected;

4) After the bid evaluation committee rejects the unqualified bid or defines it as a scrapped bid, the bid evaluation committee decides to reject all the bids because of the lack of three effective bids, which makes the bidding obviously lack competition;

5) According to the provisions of Article 46, there are less than three bidders who agree to extend the validity period of the bid. ”

Before the bid is opened, there are enough three valid bidders to open the bid, and the bid is only invalid after the bid is opened, and it is not included in the average price"There are less than three valid bidders"situation! The control price (or the maximum price) is the most acceptable to the construction party, and the construction party will not be able to accept it at this price, so 80% of the price higher than the control price or lower than the control price (considered to be lower than the cost) are directly treated as scrap bids, in addition, ** is lower than 85% of the control price and 90% of the average price, which is also a scrap bid. General"If it is higher than the control price, it will be used as a scrapped bid"will not be presented in the tender documents,"Less than 80% of the control price""** below 85% of the control price and 90% of the average price" will be specified in the bidding documents as a scrapped bid.

If the remaining two judges think that it is still competitive, they can continue to evaluate the bid, and if they do not, they can scrap the bid.

b. Should. Article 3 of the Administrative Measures for Bidding and Bidding of Construction Engineering Design (Order No. 82 of the Ministry of Construction) stipulates that "when inviting bidding, the bidder shall give economic compensation to each bidder who has not won the bid, and the compensation standard shall be specified in the invitation letter." ”