All parties in the consortium should have the ability to undertake corresponding projects, and the consortium composed of two units of the same major should determine the qualification level according to the lower qualification. Who will sign up for the consortium can be decided by both parties.
As long as the two subsidiaries have the qualifications of independent legal persons, and the qualifications meet the requirements of the bidding documents for the qualifications of the consortium, they can form a consortium and bid as bidders.
Although the relevant laws stipulate that the person in charge of the unit is the same person, or different units with holding or management relations may not participate in the bidding of the same bid section or the bidding of the same project subject to tender without dividing the bid section. But this is only to prevent bidders from colluding in bidding. A consortium is a bidder. There is no collusive bidding and it should be allowed.
Extended data:
According to the provisions of Article 31 of the Bidding Law, two or more legal persons or other organizations may form a consortium to jointly bid as a bidder.
All parties to the consortium shall have the corresponding ability to undertake the bidding project; If the relevant provisions of the state or the tender documents stipulate the qualifications of bidders, all parties to the consortium shall have the corresponding qualifications. A consortium composed of units of the same major shall determine the qualification level according to the units with lower qualification level.
The parties to the consortium shall sign a * * * agreement with the tenderer, clearly stipulating the work and responsibilities that each party shall undertake, and submit the * * * agreement to the tenderer with the tender documents. If the consortium wins the bid, all parties of the consortium shall * * * sign a contract with the tenderer and bear joint and several liabilities for the winning project.
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