"Bidding and Tendering Law" "Bidding and Tendering Law Implementation Regulations" and "Standard Construction Bidding Documents" and so on, there are provisions, as long as the unit meets the conditions of self-bidding, can not entrust the bidding agent, and self-bidding.
According to "Bidding Law," Article 12 provides that "the bidder has the ability to prepare tender documents and organization of bid evaluation, can handle the bidding." Here pointed out the bidder to handle the tender must have two conditions, one is the ability to prepare the tender, the second is the ability to organize the evaluation of the tender. These two conditions can not be met, must be entrusted to the agency. The reason for this provision is that if the project unit that is unfamiliar with the bidding procedure and does not have the ability to organize the bidding itself is allowed to organize the bidding, it will affect the standardization of the bidding work and procedures, which in turn will affect the quality of the bidding and the smooth implementation of the project. In addition, it can also prevent the project unit to take the opportunity to bidding on its own, the name of the bidding without bidding in fact. For the real life of some places and departments of the bidding activities of illegal intervention, mandatory bidding units entrusted to the bidding agency for bidding matters, this paragraph specifically emphasizes: "No unit or individual shall be forced to entrust its bidding agency for bidding matters. (The use of financial funds or government bidding projects otherwise provided that, at present, the Ministry of Finance, "Government Procurement Law", some of the provisions of the content of the "Bidding Law" is in conflict with the bidding law, the following said)
According to the "Implementing Regulations" and bidding division exam textbooks, the conditions for self-bidding can be specified as follows:
(a) with the project's legal person qualification (or legal person qualification);
(b) with the With the scale and complexity of the bidding project scale and complexity of engineering technology, budget, finance and project management and other aspects of professional and technical force;
(3) have engaged in the same type of engineering construction project bidding experience;
(4) with a specialized bidding institutions or have more than three full-time bidding staff;
(5) familiar with and master bidding and tendering law and relevant laws and regulations. Regulations.
According to the law must bidding projects, self-tendering need to local bidding management department for the record, and there is no expert pool of units, should be randomly selected by the management of the expert pool, the evaluation of the end of the fifteen days after the end of the management of the report, and publicity of the results of the bidding, no objections before the bidder to the successful bidder to issue the notice of award, so it is not without constraints, and generally self-tendering is more than a non-financial funds.
Strictly speaking, the notice of award and the notice of award shall be issued by the bidder, the bidding agent is only the bidding process agent, bid evaluation experts in accordance with the bidding documents to determine the winning candidate (ranked in the first three), the bidder's right to choose the bidder, the bidder can generally be entrusted to the bid evaluation experts on behalf of the selection of the winning bidder and the "Implementing Regulations" on the selection of bidders and the bidding There are also strict provisions in the Implementing Regulations on the bidder's selection of the successful bidder and issuance of the public notice of the successful bidder, for example, the bidder shall, without any special reasons, select the first successful candidate in the order of the winning bidder as the successful bidder, and may select the second successful candidate as the successful bidder when the first candidate gives up on its own initiative or force majeure prevents it from fulfilling the contract or fails to pay the performance bond according to the agreement, the same as the following. General bidders are not very clear, the agency release the situation is also a lot.
Provincial and municipal bidding and trading centers are generally responsible for bidding for government-type projects, and most of the solicitation agencies because there is no expert pool, but also can only go to the trading center for bid evaluation, the trading center is generally into the center of bidding for the project to charge a transaction fee, the existence of trading centers is currently a special situation in the country decided to bidder's project, if the project to enter the trading center, then two kinds of fees are charged, a Bidding agency agency fee, a transaction center transaction fee, so it is very unreasonable, through the implementation of the bidding division exam in recent years and the "Implementation Regulations" issued, can see that the state is grasping the standardization of bidding and tendering market and the industry, and will be gradually regulated later.