Tendering agency, is a social intermediary organization, and administrative organs and other state organs shall not have affiliation or other interests, otherwise, the formation of the government and enterprises are not separated, will constitute unfair treatment to other agencies.
Role of the agency
The bidding and tendering law stipulates that: bidding agency is established in accordance with the law, engaged in the bidding agency business and provide related services to social intermediary organizations.
In the bidding and tendering law provides that the bidder can bid on its own, can also entrust the bidding agency for bidding matters. These two methods coexist is in line with the actual situation in our country, also adapted to the actual needs of the bidders, as to which method is used by the bidders in accordance with the requirements of the law to decide, the bidders have the right to make their own choices, but is not unconditional choices. Therefore, it is clear in the law that only bidders with the ability to prepare bidding documents and organize bid evaluation may handle bidding matters on their own. In the legislation also takes into account should be prevented from bidding in the possible disadvantages, to ensure that the quality of bidding, and therefore provides that, according to law must carry out bidding projects, the bidder to handle their own bidding, should be filed with the relevant administrative supervision department.
Construction projects
In accordance with the "construction project bidding agency qualification" (Ministry of Construction Decree No. 154)
Article VIII of the application for qualification of project bidding agency shall have the following conditions:
(a) is an intermediary organization set up by law, with an independent legal personality;
(b) with the administrative organ And other state organs have no administrative affiliation or other interests;
(3) have a fixed place of business and carry out the project bidding agency business facilities and office conditions;
(4) have a sound organization and internal management of rules and regulations;
(5) have the preparation of bidding documents and organization of the evaluation of bidding of the appropriate professional strength;
(F) has a pool of technical, economic and other experts that can be used as members of the bid evaluation committee;
(VII) other conditions prescribed by laws and administrative regulations.
Article IX applying for the qualification of Class A project bidding agent, in addition to the conditions stipulated in Article 8 of these Measures, it shall also have the following conditions:
(1) obtaining the qualification of Class B project bidding agent for three years;
(2) the cumulative amount of project bidding agent within the last three years in the amount of more than 1.6 billion yuan of winning (based on the notification of the winning, the same hereinafter);< /p>
(c) not less than 20 full-time staff of the engineering bidding agency with intermediate titles or above, of which not less than 10 are registered licensees in engineering construction (including not less than 5 registered cost engineers), and not less than 10 have been engaged in the business of engineering bidding agency for more than 3 years;
(d) the person in charge of technical and economic affairs is a full-time staff of the agency, with More than 10 years of experience in engineering management, with senior technical and economic titles and engineering construction class registered license;
(e) registered capital of not less than 2 million yuan.
Article 10: In addition to the conditions stipulated in Article 8 of these Measures, an organization applying for the qualification of Class B Engineering Bidding Agency shall have the following conditions:
(1) It has been one year since it has obtained the qualification of tentative engineering bidding agency;
(2) The cumulative amount of successful bidding of engineering bidding agency within the recent three years is over 800 million yuan;
(3) An engineering bidding agency with an intermediate (C) not less than 12 full-time staff of the engineering bidding agency with titles above, of which not less than 6 are registered licensees in engineering construction (of which not less than 3 are registered cost engineers), and not less than 6 have been engaged in the business of engineering bidding agency for more than 3 years;
(D) the person in charge of technical and economic affairs is a full-time staff member of the agency, with more than 8 years of experience in engineering management, and with a Senior technical and economic titles and engineering construction class registered license;
(e) registered capital of not less than 1 million yuan.
Article 11 of the newly established project bidding agency has Article 8 and Article 10 (3), (4), (5) conditions, can apply for temporary level of project bidding agency qualification.
Organization applying for the qualification of engineering bidding agency in Article 12 shall provide the following information:
(1) application report on the qualification of engineering bidding agency;
(2) Application Form for the Qualification of Engineering Bidding Agency and the electronic file;
(3) business license of the enterprise legal person;
(4) engineering bidding agency Charter and internal management rules and regulations;
(e) copies of ID cards of full-time staff, labor contracts, title certificates or certificates of registered engineering construction qualifications, social insurance payment vouchers, and personnel file agency certificates;
(f) legal representatives and technical and economic responsible person for the documents, biographical information and other materials, the technical and economic responsible person should also provide proof of experience in the field of engineering management.
(7) proof of office space, a list of major office equipment;
(8) proof of capital contribution and the previous year's audited corporate financial reports (including statements and explanations, the same below);
(9) evaluation of the list of members of the pool of experts;
(10) laws and regulations require the provision of other relevant information.
Applicants for the qualification of Class A and Class B engineering bidding agency shall also provide proof of effective performance of engineering bidding agency (contract of engineering bidding agency, notification of award and evaluation opinion of the bidder).
The engineering bidding agency shall be responsible for the authenticity of the information provided.