Open bidding is the main procurement method of government procurement, refers to the purchaser in accordance with the statutory procedures, through the publication of tender notices, inviting all potential unspecified suppliers to participate in the bidding, the purchaser through a certain pre-determined criteria from all the bidding suppliers to select the winning supplier, and sign a government procurement contract with it. Procurement contract.
Open bidding reflects the market mechanism of open information, standardized procedures, fair competition, objective evaluation, fair selection and the essential requirements of the survival of the fittest.
Open bidding because more bidders, full competition, and not easy to crosstalk, bidding, is conducive to the bidder from a wide range of competitors to select the appropriate winning bidder and get the best competitive efficiency.
The use of public bidding for projects that must be tendered in accordance with the law shall, in accordance with the provisions of the law, be published in the National Development and Reform Commission and other relevant departments designated media pre-qualification announcement or bidding notice, potential bidders who meet the qualifications specified in the bidding project, regardless of the location and industry restrictions, may apply to participate in the bidding.
According to Article 51 of the Law of the People's Republic of China on Bidding and Tendering, if a bidder restricts or excludes potential bidders by unreasonable conditions, applies discriminatory treatment to potential bidders, compels the bidders to form a consortium*** with the same bid, or restricts the competition among the bidders, the bidder is ordered to rectify the situation, and may be sentenced to a fine of 10,000 yuan or more than 50,000 yuan.
Article 50 A bidding agency that violates the provisions of this Law by divulging information and data related to bidding and tendering activities that should be kept confidential, or colludes with a bidder or tenderer to harm the national interest, the interests of the social public **** or the legitimate rights and interests of others shall be fined not less than fifty thousand yuan and not more than two hundred and fifty thousand yuan.
The unit directly responsible for the competent person and other directly responsible persons shall be fined more than five percent of the amount of the unit fine less than ten percent; with illegal income, and confiscate the illegal income.
The circumstances are serious, and prohibit its one to two years within the agency must be bidding projects and announcements, until the administrative organs for industry and commerce revocation of business licenses; constitutes a crime, shall be investigated for criminal responsibility. Cause damage to others, according to the law to bear the responsibility for compensation.
The behavior listed in the preceding paragraph affects the outcome of the winning bid, the winning bid is invalid.