At present, China's practice, especially in the field of construction, there is a more widely used procurement methods, known as "negotiated bidding", in essence, that is, negotiated procurement, is the purchaser and the purchased through one-on-one negotiations between the purchaser and the purchaser to ultimately achieve the purpose of procurement of a procurement method, does not have the openness and competitiveness, and therefore does not belong to the bidding law called bidding procurement. The procurement method of bidding and tendering referred to in the bidding and tendering law.
In practice, the procurement methods of public tender and invitation to tender require that quotations and technical terms and conditions are not negotiable, while negotiation allows one-to-one negotiation on quotations and so on. Therefore, some projects such as some small construction projects using the negotiation of clear objectives, save time and effort, more flexible; for service bidding, due to the price of services is difficult to determine publicly, the quality of services also need to be resolved through negotiations, the use of negotiation is not an appropriate procurement method. However, the bidding is not open and competitive, the use of behind-the-scenes transactions, backroom operations, breeding corruption, and difficult to protect the quality of procurement, according to the statistics of some provinces, 40% of all economic crime cases are related to the bidding and tendering, and the vast majority of such crimes are related to the bidding method of the bidding method of the bidding. The Bidding Law, based on the basic characteristics of bidding and the problems that exist in China's practice, does not provide for the use of negotiated bids as a form of solicitation. Accordingly, negotiated tenders are not a legal method of solicitation. In accordance with the provisions of the bidding law, all the bidding law, article 3 of the project must be bidding, and in accordance with the provisions of article 2 of the bidding law voluntarily using the bidding method of procurement projects, are not allowed to use the negotiation of the bidding method.
Question 2: What is the meaning of the bidding in the bidding Tendering is divided into open bidding and inviting tenders but the bidding has not belonged to the scope of the bidding, basically refers to the negotiation of procurement, the buyer and seller through negotiations to reach an agreement to sign a contract, the way of procurement. Because it is not public, it is not a tender.
Question 3: What is the difference between bidding and negotiation? The difference is mainly the following:
1. Procedures
Invitation to tender main procedures: send invitations to tender, bidding, bidding, bid opening, bid evaluation, bidding, signing the contract.
Competitive negotiation main procedures: negotiation, clarification, change, comment, final offer, determine the successful supplier.
2. Negotiation of the number of objects
Competitive negotiation is one-to-one alone, while the invitation to tender is not.
3. The price of the project
Invitation to tender once the price of the offer will remain unchanged [typical such as the list of offers]; competitive negotiation can be judged by both sides of the pricing.
Tendering refers to the bidder (buyer) issued a tender notice or invitation to tender, explaining the scope of the tender works, goods, services, bidding (bid packages) division, quantity, bidders (seller) qualification requirements, etc., to invite a specific or unspecified bidders (seller) at the specified time and place in accordance with certain procedures for the conduct of the tender. Bidding is divided into open bidding, invitational bidding
Bidding is negotiated procurement, is the purchaser and the purchased through one-on-one negotiations and ultimately achieve the purpose of the procurement of a procurement method, does not have the openness and competitiveness, and therefore does not belong to the bidding and tendering procurement methods.
Question 4: the difference between bidding and negotiated bidding Bidding: is commissioned by the buyer of professional bidding agency to tender, go through the normal procedures, the results are also based on the results of the evaluation of the bid, not controlled by human factors.
Bidding: the first case is the implementation of internal bidding without a professional bidding agent, the second case is the implementation of the bidding process but less than three manufacturers to participate in the formation of manufacturers fee bidding and then changed to bidding.
Question 5: What does it mean to invite bids or negotiated bids for a project 40 points are two different ways of preparing a contract. Invitation to tender is to compare the preferred counterparts to send a letter of invitation to provide quotations on a particular project, generally need to send invitations to more than three units, in the invited units to select the contractual counterparts in the contract negotiation and signing of the contract on the basis of merit. Units that do not receive the invitation cannot participate in the bidding. Compared with open bidding, this method receives fewer bids and saves a great deal of time and effort in evaluating bids. Negotiation of bids is a direct invitation to a preferred counterparty to negotiate the contract terms and price, which is applicable to small projects or special projects with few choices of counterparties. Large projects do not allow negotiated bids.
Question 6: What circumstances can be used to negotiate the bidding May I ask the negotiated bidding and enter the market bidding fees are the same?
Question 7: What is the negotiated procurement Negotiated procurement refers to the direct invitation to more than three suppliers to quote price comparison, through a comprehensive consideration of quality, credit, after-sales service and other factors, in accordance with the provisions of the program to select the best supplier method. Negotiated Procurement is applicable to special projects where the procurement items are highly specialized and only a few suppliers are capable of undertaking them. Or the cost of open bidding is too high and not commensurate with the value of the procurement item. Steps of Bidding Procurement For bulk materials and equipments whose one-time purchase amount exceeds the defined value, overlooking some key materials and equipments in the key engineering projects, the bidding method is adopted for procurement. Steps are as follows: (1) Purchasing Department is responsible for organizing the relevant business units, marketing, production management, quality and other departments to form a bidding team to determine the list of suppliers to participate in the bidding (priority should be given to selecting the designated supplier); (2) by the Purchasing Department to the supplier to send a request for quotations and recovery of bids; (3) bidding team is responsible for the collection of bidding information provided by suppliers to carry out a comprehensive assessment, take the vote! (3) The bid negotiation team is responsible for the comprehensive evaluation of the collected bidding information provided by the supplier, and take voting or other ways to determine the supplier. Bidding results to form a document, signed by the members of the bidding team were deposited in the Department of Biomass Management and Purchasing Department; (4) Purchasing Department accordingly with the successful supplier to sign a commercial contract.
Question 8: What is the negotiation of bids, bid evaluation, please explain in detail construction project bid negotiation should be carried out in accordance with the following procedures:
1, the bidder to the right to tender bidding management organization to submit an application for negotiation of bids
The application should explain the content of the contracting task, the so-called negotiation of bids on the grounds of bids, bidding on the request for negotiation of bidders and bidding on bidders to be invited, etc., and should be submitted at the same time. It should also be submitted at the same time to prove that the works for which it is requested to negotiate conform to the provisions of the relevant documents and materials.
2, the bidding and tendering management organization on the bidding application for approval
The bidding and tendering management organization in the bidding application within 15 days from the date of receipt of the bidding application, investigation and verification of the bidder's application for bidding, supporting documents and materials, bidding conditions, etc., compared with the relevant provisions of the relevant provisions of the bidding, to ensure that the Division whether it meets the conditions of the bidding. If the conditions are met, the bidding can be approved
3, the preparation and review of the bidding documents
After the approval of the bidding application, the bidder to prepare the bidding documents or the draft of the proposed contract, and reported to the bidding and tender management organization for review. Bidding management organization to review within five days, and give a reply.
4, consultation and negotiation
The bidder and the negotiation of the bidder under the supervision of the bidding and tender management organization, on the requirements of the negotiation documents or negotiation of the draft contract for consultation and negotiation. Bidders to negotiate the contracting of construction tasks, should be prepared as part of the negotiation of tender documents or proposed draft contract, and by the bidding bidding management organization to validate. In principle, the winning price of the negotiated works shall not be higher than the price of the finalized tender. The bidder shall not advance funds and materials as a bargaining condition, nor is it allowed to a bargaining bidder's conditions require or restrict another bargaining bidder.
5, award
After the two sides reached agreement on the bidding, the bidding management organization in the draft contract received from the date of the official review within 2 days, to confirm its agreement with the results of the bidding, reply to the "Notice of Award". Without the review and consent of the bidding management organization, unauthorized bidding or bidding on both sides of the bidding process fraud, the bidding results are invalid.