One, the bidding law is only bound by the law must be recruited projects?
In the unit to do shopping for friends usually think that shopping is the unit's own behavior, how to buy, and who to buy are their own company, even if the choice of bidding for shopping, you can also make their own rules. But! This idea is wrong. For the unit itself, the purchase is indeed an independent behavior, the unit can be based on their own needs to source suppliers, and choose to buy the way. But if the use of bidding to select suppliers, you need to follow the Bidding Law.
The Bidding and Tendering Law, Article 2 provides that in the Chinese people's *** and the territory of the State for bidding and tendering activities, the application of this law.
Article 7 provides that bidding and tendering activities and the parties involved in them shall be subject to supervision carried out in accordance with the law. The relevant administrative supervisory departments shall supervise the bidding and tendering activities in accordance with the law, and investigate and deal with illegal acts in the bidding and tendering activities in accordance with the law.
That is to say, if the unit in our country to choose the bidding method to carry out the purchase activities, will be subject to the "Bidding Law" constraints, for which some of the provisions must be complied with. Similarly, its bidding activities need to be supervised in accordance with the law.
Why "some"? Because the "bidding law", the different nature of the bidding activities, the constraints of the mandatory force is different, which involves the voluntary bidding projects and mandatory bidding projects and the distinction between projects (also known as the law must be bidding projects).
Two, which is required by law must tender projects?
So, which projects are required by law to bidding projects? Unit shopping will also be involved in such projects?
According to the "Bidding Law" and "must be tendered engineering projects regulations", to determine whether a project is a project must be tendered according to law usually from the type of project, the nature of the project and the scale of the project to determine, there are the following steps:
1, Building construction, supervision and the purchase of important equipment and materials related to engineering construction.
Article 3 of the Bidding Law stipulates that bidding must be conducted for the following engineering and construction projects within the territory of the People's Republic of China*** and the State of China, including the survey, design, building construction, supervision and important equipment and materials related to engineering and construction, and so on.
If the project is an engineering construction project, then go to the next question. If not, then it is not a project that must be tendered by law.
2. Whether the source of funds for the project or the nature of the project meets one of the following three conditions:
(1) large-scale infrastructure, public utilities and other engineering projects related to social public **** interests, public safety;
(2) the use of state-owned funds to invest in all or part of the state-funded investment or state-financed engineering projects, specifically:
The use of budgetary funds of more than 2 million yuan, and the funds accounted for more than 10% of the investment in the project; the use of state-owned units and institutions, and the funds accounted for a controlling or dominant position in the project.
(3) the use of international organizations or foreign government loans, aid funds, specifically:
use of the World Bank, the Asian Development Bank and other international organizations, loans, aid funds, engineering projects; the use of foreign governments and their agencies, loans, aid funds, engineering projects.
If the project meets one of the above three conditions, then proceed to the next question. If not, then it is not a project that must be tendered by law.
3. If the above conditions are met, does the scale of the project meet the following requirements:
The estimated value of a single contract for building construction is more than RMB 4 million; the estimated value of a single contract for the purchase of important equipment, materials and other goods is more than RMB 2 million; the estimated value of a single contract for the purchase of services such as surveying, designing, supervision and other services is more than RMB 1 million. In the same project can be combined survey, design, construction, supervision, as well as important equipment and materials related to the construction of the purchase, the estimated contract price reaches the above standards, must be tendered.
If the scale of the project meets one of the above four conditions, it must be tendered. Otherwise, it is not a project that must be tendered by law.
In addition, the General Office of the State Council recently issued the Notice on the Pilot Reform of the Approval System for Engineering and Construction Projects, and in the pilot areas, for social investment in housing construction projects, the construction unit can independently decide on the contracting method. This also means that even if some housing construction projects belong to large-scale infrastructure, etc., as long as its source of funding is social investment, then there is no need to use the bidding method to select suppliers.
Therefore, whether a project belongs to the law must be tendered depends mainly on the source of funding of the project, rather than the type of bidder. Therefore, it is also possible for unit tenders to include engineering projects that must be tendered by law. Many central enterprises and state-owned enterprises will also have many voluntary tendering projects due to audit or internal management needs.
Three, voluntary bidding projects need to jump over what "pit"?
In the "Bidding Law", according to law must be bidding projects in the procedure to pay more attention to the openness of the information, the fullness of competition, etc., so there are more stringent provisions. Such as the law must tender projects, from the tender documents issued to the deadline for bidding shall not be less than twenty days, while the voluntary bidding projects are not mandatory.
So, the voluntary bidding of engineering projects require special attention to what provisions, both to meet the legal compliance of the purchase, but also to reduce the cost of time and effort due to the complexity of the procedures, in order to realize the essence of the unit to purchase the pursuit of profit? Insured bidding editorial compiled the following frequently asked questions and answers:
1. bidders and bidders must be a legal person?
According to the "Bidding Law", the bidder shall be a legal person or other organization that proposes to bid for the project and conducts the bidding. The bidder shall be a response to the tender, participate in the bidding competition of legal persons or other organizations. Individuals may participate in bidding for scientific research projects tendered in accordance with the law.
2. Bidding has a corresponding time limit? The minimum number of days must be met?
According to the Bidding Law and its implementing regulations, the period for offering bidding documents for voluntary bidding projects shall not be less than five days. At the same time, clarifications or modifications of the bidding documents shall be issued 15 days before the deadline for submission of bids if they are likely to affect the preparation of documents by the bidders, and if they are insufficient, the opening of bids shall be postponed. Potential bidders who have objections to the bidding documents shall submit them 10 days before the deadline for submission of bids. Therefore, theoretically, the minimum period from the issuance of the solicitation documents to the deadline for submission of tenders for voluntary tendering projects can be 5 days.
3. How much is the maximum amount of bid security can be collected? Must it be transferred from the basic account?
According to the "Bidding Law" and its implementing regulations, the bidding deposit shall not exceed 2% of the estimated price of the bidding project. For projects that are required to be tendered by law, the bid security submitted in the form of cash or check needs to be transferred from the basic account. Therefore, the amount of bid security for voluntary bidding projects shall be less than 2%, but there is no need to require bidders to transfer from their basic accounts.
4. Can the tender documents require the bidders to quote not less than a certain limit?
According to the Bidding and Tendering Law and its implementing regulations, a minimum bidding limit may not be set for a project. However, the bid evaluation committee may reject offers below cost. If a maximum bidding limit is set, it should be specified in the bidding documents.
5. Must the bidder's offer be announced at the bid opening?
According to the Bidding Law and its implementing regulations, all bidders shall be invited to participate in the opening of the bidding, and the staff shall unseal and read out all the bidding documents received before the deadline for bidding and confirmed to be in good condition, and the reading shall include the name of the bidder, the bidding price, and the other main contents of the bidding documents.
6. Can I negotiate with bidders after the opening of bids?
According to the Bidding and Tendering Law, before determining the successful bidder, the bidder shall not negotiate with the bidder on the bid price, bidding program and other substantive contents. At the same time, the bidder and the successful bidder shall not enter into any other agreement that deviates from the substantive content of the contract. Accordingly, the bidder may negotiate with the successful bidder only after determining the successful bidder.
7. Do the results of the tender need to be publicized?
According to the Bidding and Tendering Law, in the case of voluntary bidding for a project, the bidder may determine the successful bidder directly on the basis of the results of the evaluation of the bids and issue a notification of the successful bid without public announcement and public notice.
8. What other obligations does the bidder have to fulfill with respect to the bidders?
According to the Bidding and Tendering Law and its implementing regulations, the bidder and the successful bidder shall, within thirty days from the date of issuance of the notice of award, enter into a written contract in accordance with the bidding documents and the bidding documents of the successful bidder. In addition, the bidder shall, at the latest, refund the bidding deposit and interest on bank deposits for the same period of time to the successful bidder and unsuccessful bidders within five days after the signing of the written contract.
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