First, the basic concept of bidding and tendering
Bidding and tendering is a market economy of commodity business mode, in the domestic and foreign project implementation has been widely used. This way is in the procurement of goods, works and services in the procurement behavior, the bidder through the prior announcement of the procurement and requirements, to attract a large number of bidders in accordance with the same conditions of equal competition, in accordance with the prescribed procedures and the organization of technical, economic and legal experts on the many bidders to carry out a comprehensive evaluation, from which the selection of the project's winners of the behavior of the process of excellence. The essence is to obtain the best goods, works and services at a lower price.
1, bidding: bidding refers to the bidder through the bidding notice or invitation to bid in the form of bidding, inviting bidders with the legal conditions and the ability to build the bidder to participate in the bidding competition.
2, bidding: bidding refers to the qualification examination qualified bidders, according to the provisions of the tender documents to fill in the bidding documents, according to the bidding conditions to prepare the tender offer, in the bidding documents at the time limited to the bidding unit.
3, bid opening: bid opening refers to the deadline for bidders to submit bidding documents, the bidder (or bidding agent) based on the bidding documents and bidding notice of the time and place, in the presence of bidders and representatives of the supervisory body, publicly open the bidding documents submitted by the bidders in public, publicly announced the name of the bidder, the bid price and bidding documents in the main content of the relevant Process.
4, bid evaluation: bid evaluation refers to the bidder legally formed bid evaluation committee in accordance with the bidding documents stipulated in the bid evaluation standards and methods, the bidding party pieces of examination, evaluation and comparison, put forward a written report on the evaluation of bids, recommend qualified 1-3 winning candidates.
5, winning: winning refers to the bidder according to the bid evaluation committee puts forward a written bid evaluation report, in the recommended winning candidate to determine the process of winning the bidder.
6, award: award refers to the bidder to the publicized no objection to the successful bidder issued a notice of award, acceptance of its tender documents and tender offer.
7, signing the contract: the signing of the contract refers to the notice of award issued within 30 days, the bidder and the successful bidder on the bidding documents and bidding documents on the existence of the problem of negotiation, and sign the contract. This completes the whole process of bidding and tendering.
Second, the parties involved in the bidding and tendering
The parties involved in the bidding and tendering include the bidder, the bidder and the bidding agent.
1, the bidder: the bidder is in accordance with the laws and regulations on bidding and tendering, bidding for legal persons or other organizations.
2, the bidder: the bidder is to respond to the tender, participate in the bidding competition of legal persons or other organizations.
3, bidding agency: bidding agency is established by law, engaged in bidding agency business and provide related services to social intermediary organizations.
Third, the type of bidding
Bidding is divided into three types of bidding for goods, engineering bidding, service bidding.
1, goods bidding and tendering: goods bidding and tendering refers to the bidding and tendering process for a wide variety of items, including raw materials, products, equipment, electrical energy and solid, liquid and gaseous objects, as well as related incidental services.
2, engineering bidding: engineering bidding refers to the industrial, water conservancy, transportation, civil aviation, railroads, information industry, housing construction and municipal infrastructure and other types of construction projects, including various types of civil engineering construction, equipment construction and installation, pipeline and line manufacturing and laying, decoration, and other related incidental services bidding process.
3, service bidding and tendering: service bidding and tendering refers to the bidding and tendering process of any procurement object (such as consulting and evaluation, property management, finance and insurance, medical care, labor, advertising, etc.) in addition to goods and projects.
Fourth, the basic characteristics of bidding and tendering
1, organizational. Bidding is a kind of organized, planned business transactions, it is the process, must be in accordance with the provisions of the tender documents, in location, time, in accordance with the rules, methods and procedures, has a high degree of organization.
2, openness. (1) the information on the conduct of bidding activities is open. (2) open bidding procedures are open. (3) the criteria and procedures for evaluating bids open. (4) the results of the winning bid public.
3, fairness and impartiality. (1) Treat all bidders equally, the bidding party shall not have any discrimination against a particular bidder's behavior. (2) The bid opening process is carried out in a public and notarized manner. (3) The principle of strict confidentiality and the scientific method of evaluating bids ensure the impartiality of the bid evaluation process. (4) `Persons who have an interest in the bidder shall not be members of the bid evaluation committee. (5) The organization and openness of bidding is another important guarantee of fair and just competition in the bidding process.
4, one-time. Bidding and tendering transaction behavior, different from the general exchange of goods, also different from the public inquiry and negotiation transactions. Bidding and tendering process, bidders do not have the right to bargain is another significant feature of bidding and tendering. Bidders to participate in the bidding, can only be invited to carry out a one-time secret offer, is "a price". After the submission of tender documents, may not be withdrawn or modified in substantive terms.
5, standardization. In accordance with current common practice, bidding procedures have been relatively mature and standardized, whether it is a construction tender, or tender for the procurement of goods or services, in accordance with the preparation of tender documents - the publication of tender notices - bidding - bid opening - bid evaluation - signing of the contract this relatively standardized and mature procedures.
Fifth, the role and purpose of bidding in China's economic construction
1, to save money, to ensure quality, to ensure that the project is completed on schedule, to improve the efficiency of investment and social benefits.
2, to create a market environment for fair competition, promote fair competition among enterprises, and contribute to improving and promoting the pace of the establishment of a socialist market economic system in China.
3, the bidding according to law, can ensure maximum competition in the market economy conditions, is conducive to the realization of the optimal allocation of social resources, and improve the technical and business capacity of enterprises and institutions, intermediary service agencies, project units and service management level.
4, according to the law, bidding, is conducive to overcoming unfair competition, and is conducive to preventing and blocking corrupt practices in procurement activities.
5, the universal promotion of the application of bidding and tendering system is conducive to the protection of national interests, social public **** interests and the legitimate interests of the parties involved in bidding and tendering activities.
Six, the scope of bidding and scale standards
1, the scope of bidding for construction projects
In the administrative area of Guizhou Province for the following construction projects, including project investigation, design, construction, supervision and construction projects related to the procurement of important equipment, materials, etc., must be tendered: < /p>
(1) the relationship between the public **** interests of society, the public from the security of infrastructure projects and public utility projects;
(2) all or part of the use of state-owned funds for investment projects;
(3) state-financed projects;
(4) the use of international organizations or foreign governments, loans, and assistance to fund the project.
2, the scale of construction projects bidding
The specific scale of construction projects must be bid in accordance with the law, the government in accordance with the relevant provisions of the state.
3, the scope and normative standards of goods and services procurement bidding
Drugs, medical equipment, teaching materials and teaching aids, electrical energy, transportation, office facilities, office supplies and other goods procurement, government procurement and property management, finance and insurance, scientific research projects, consulting and evaluation of services need to be bid on the scope and scale of the standards, in accordance with the relevant laws and regulations, and the bidding and tendering Procedures in accordance with the relevant laws and regulations of the relevant provisions.
VII, bidding
"Chinese people *** and the State Bidding Law" clearly stipulates that the bidding is divided into two ways of open bidding and invitations to bidding, the abolition of the negotiation of this bidding method.
1, open bidding. Open bidding, also known as unlimited competitive bidding, refers to the bidder to invite unspecified legal persons or other organizations to bid by way of bidding announcement.
2, invitation to tender. Invitation to tender, also known as limited competitive bidding, refers to the bidder to invite specific legal persons or other organizations to bid in the form of invitation to tender.
Eight, the bidding organization
Bidding is divided into the bidder's own bidding organization and the bidder entrusted to the bidding agency agency bidding two forms of organization.
1, their own bidding: with the preparation of the bidding party and the organization of the bid evaluation capacity of the bidder, to handle their own bidding, bidding and bidding activities.
2, commissioned by the tender: the bidder to choose their own bidding agency with the appropriate qualifications, commissioned to handle the bidding, bidding activities; does not have the ability to prepare bidding documents and organizations to evaluate the bidding, must be entrusted with the appropriate qualifications of the bidding agency to handle bidding.
Expansion: the basic principles
The principle of openness
The principle of openness, that is, the bidding and tendering activities must be required to ensure full transparency, bidding and tendering procedures, qualifications of the bidders, bid evaluation standards and methods, evaluation of the bids and the results of the bidding and so on the information should be made public, to ensure that each bidder can access to the same information, fairness, and to participate in the bidding competition and safeguard themselves according to law. Participate in bidding competition and safeguard their legitimate rights and interests in accordance with the law. At the same time, the openness and transparency of bidding and tendering activities also provide conditions for supervision by the parties concerned, the administration and the society. Openness is the basis and premise of fairness and impartiality.
The principle of fairness
The principle of fairness, that is, the bidder is required to give potential bidders or bidders equal opportunity to compete in all aspects of the bidding and tendering procedures without discrimination, and make them enjoy the same rights and obligations. For example, the bidder shall not in the pre-qualification documents and bidding documents contain tendentious content or unreasonable conditions to restrict and exclude potential bidders; shall not be potential bidders or bidders to take different qualification or evaluation standards, the project must be bidding in accordance with the law shall not be a specific administrative region or a specific industry performance, awards, as the evaluation of bidding points or conditions for winning the bid, and so on. The principle of fairness is mainly reflected in two aspects: on the one hand, equal opportunity, that is, potential bidders have equal opportunities for bidding competition; on the other hand, the rights and obligations of all parties are equal, that is, between the bidder and all the bidders have balanced rights and obligations and reasonably bear civil liability.
Principle of impartiality
The principle of impartiality requires that the bidder must set scientific, reasonable and uniform procedures, methods and standards in accordance with the law, and strictly accept and objectively evaluate the bidding documents accordingly, and determine the winning bidder on the basis of merit, with no inclination, discrimination or exclusion, and ensure the legitimate and equal rights and interests of all bidders. To this end, the Bidding and Tendering Law and its accompanying regulations make relevant provisions on bidding, tendering, bid opening, bid evaluation, awarding of bids, and signing of contracts, in order to ensure that the bidding and tendering procedures, methods, standards, rights and interests, and their substantive results are fair. For example, the bid evaluation committee must objectively evaluate the bidding documents and recommend the winning candidate in accordance with the bid evaluation standards and methods that have been determined and publicized in advance in the bidding documents, and clearly define the legal circumstances for rejecting the bids.
The principle of honesty and good faith
The principle of honesty and good faith, that is, the bidding and tendering parties in the bidding and tendering activities and the performance of the contract should be law-abiding, honesty, trustworthiness, and good faith awareness and attitude to exercise their rights and obligations, and shall not intentionally concealing the truth or falsehood, no collusion, bid rigging, and malicious competition, can not be untrustworthy or even reneging on their word, and shall not harm other people's legitimate interests in the pursuit of their own. While pursuing their own legitimate interests, they shall not jeopardize the legitimate interests of others and the interests of society, and shall maintain a balance between the interests of both parties and the interests of society in accordance with the law. Honesty and trust is the cornerstone of the market economy and the basic principle of civil activities.