Bidding procurement refers to the process that the purchaser, as the tenderer, puts forward the conditions and requirements of procurement in advance, invites a number of enterprises to participate in bidding, and then selects the best transaction object from them at one time according to the prescribed procedures and standards, and puts forward the bidder with the most favorable conditions to sign the agreement. The whole process requires openness, fairness and merit. Bidding is one of the most common ways of government procurement. Bidding procurement can be divided into competitive procurement and restricted bidding procurement. Their basic practices are almost the same, the main difference is that the scope of bidding is different. One is to invite public bidding to the whole society, and the other is to invite public bidding among selected suppliers. Other than that, the other principles are the same.
Second, what is the bidding process?
1. Bidding qualification and filing: those who handle the bidding matters by themselves shall go to the relevant construction administrative departments for filing as required; Entrustment contract shall be signed for bidding matters.
2. Determine the bidding method: open bidding or inviting bidding.
3. Publish the tender announcement or invitation letter: In case of public tender, publish the tender announcement in the designated newspapers and other media; Inviting bidders to send invitations to bid to more than three bidders.
4. Prepare and publish prequalification documents and submit prequalification applications.
5. Pre-qualification, determine the qualified bidding application.
Step 6 prepare. Release the tender documents.
7. Field investigation.
8. Q&A: Clarify and modify the bidding documents and put them on record.
9. Prepare, submit and sign the bidding documents.
10. bid opening: the tenderer organizes and presides over the bid opening and reads out the tender.
1 1. Establish a bid evaluation committee.
12. Bid evaluation.
13. Written report and filing of bidding.
14. Publish the bid-winning notice.
Third, the law stipulates that
Bidding Law of People's Republic of China (PRC)
Chapter II Bidding
Article 8 A tenderer is a legal person or other organization that proposes a project subject to tender in accordance with the provisions of this Law.
Article 9 If a project subject to tender needs to go through the project examination and approval procedures in accordance with the relevant provisions of the state, it shall go through the examination and approval procedures first and obtain approval.
The tenderer shall have the corresponding funds for the project subject to tender or the sources of funds have been implemented and truthfully stated in the tender documents.
Article 10 Bidding is divided into open bidding and invitation bidding.
Open tender means that the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement.
Invitation to bid means that a tenderer invites a specific legal person or other organization to bid in the form of an invitation to bid.
Article 11 If the national key projects determined by the development planning department of the State Council and the local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are not suitable for public bidding, the invitation bidding may be conducted with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 12 A tenderer has the right to choose a bidding agency by himself and entrust it to handle bidding matters. No unit or individual may designate a tendering agency for the tenderee in any way.
If a tenderer has the ability to prepare tender documents and organize bid evaluation, he may handle the tender matters by himself. No unit or individual may force it to entrust a bidding agency to handle bidding matters.
For a project that must be subject to tender according to law, if the tenderer handles the tender by himself, it shall file with the relevant administrative supervision department.
Thirteenth bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services.
A procuratorial agency shall meet the following conditions:
(1) Having a business place and corresponding funds for engaging in the bidding agency business;
(two) have the corresponding professional strength to prepare bidding documents and organize bid evaluation;
Article 14
There shall be no subordinate relationship or other interest relationship between the bidding agency and the administrative organ or other state organs.
(Related information: revision and evolution)
Article 15 A bidding agency shall handle the bidding matters within the scope entrusted by the tenderer and abide by the provisions of this Law on tenderers.
Article 16 If a tenderer adopts open tender, it shall issue a tender announcement. The tender announcement of a project subject to tender according to law shall be published through newspapers, information networks or other media designated by the state.
The tender announcement shall specify the name and address of the tenderer, the nature, quantity, place and time of implementation of the project subject to tender, and the way to obtain the tender documents.
Article 17 Where a tenderer adopts the method of inviting tenders, it shall issue invitations to bid to three or more specific legal persons or other organizations that have the ability to undertake projects subject to tender and have good credit standing.
The invitation to bid shall specify the matters specified in the second paragraph of Article 16 of this Law.
Article 18 A tenderer may, according to the requirements of the project subject to tender itself, require potential bidders to provide relevant qualification certificates and performance in the tender announcement or invitation letter, and conduct qualification examination on potential bidders; Where the state has provisions on the qualifications of bidders, such provisions shall prevail.
The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders.
Article 19 A tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender. The tender documents shall include all substantive requirements and conditions such as the technical requirements of the project subject to tender, the standards for qualification examination of bidders, the requirements for bid quotation and evaluation criteria, and the main terms of the contract to be signed.
If the state has provisions on the technology and standards of the project subject to tender, the tenderer shall put forward corresponding requirements in the tender documents in accordance with its provisions.
If a project subject to tender needs to be divided into blocks and the construction period is determined, the tenderer shall reasonably divide the blocks and determine the construction period, and specify it in the tender documents.
Article 20 The tender documents shall not require or indicate specific producers and suppliers, and shall not contain other contents that tend to or exclude potential bidders.
Twenty-first a tenderer may, according to the specific circumstances of a project subject to tender, organize potential bidders to visit the project site.
Article 22 A tenderer shall not disclose to others the names and numbers of potential bidders who have obtained the tender documents and other tender information that may affect fair competition.
If the tenderer has a pre-tender estimate, the pre-tender estimate must be kept confidential.
Article 23 Where a tenderer makes necessary clarifications or amendments to the issued tender documents, it shall notify all recipients of the tender documents in writing at least fifteen days before the deadline for submission of tender documents required by the tender documents. This clarification or modification is an integral part of the tender documents.
Article 24 A tenderer shall determine the reasonable time required for bidders to prepare their bid documents; However, the project that must be subject to tender according to law shall not be less than 20 days from the date when the tender documents are issued to the deadline when the bidders submit their tender documents.
Chapter III Bidding
Twenty-fifth bidders are legal persons or other organizations that respond to bidding and participate in bidding competition.
If individuals are allowed to participate in the bidding of scientific research projects that must be subject to bidding according to law, the provisions of this Law on bidders shall apply to individuals who bid.
Twenty-sixth bidders should have the ability to undertake the project subject to tender; If the relevant provisions of the state stipulate the qualifications of bidders or the bidding documents stipulate the qualifications of bidders, the bidders shall meet the prescribed qualifications.
Twenty-seventh bidders shall prepare the bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements and conditions put forward in the bidding documents.
If the project subject to tender belongs to construction, the contents of the tender documents shall include resumes, achievements and mechanical equipment to be used to complete the project subject to tender.
Article 28 A bidder shall deliver the bid documents to the bidding place before the deadline for submission of bid documents. After receiving the tender documents, the tenderee shall sign and keep them, and shall not open them. If there are less than three bidders, the tenderer shall re-invite tenders in accordance with this Law.
Tender documents delivered after the deadline for submission of tender documents required by the tender documents shall be rejected by the tenderer.
Article 29 A bidder may supplement, modify or withdraw the submitted bid documents before the deadline required by the tender documents, and notify the tenderer in writing. The supplementary and revised contents are an integral part of the tender documents.
Thirtieth bidders according to the actual situation of the project specified in the tender documents, intends to subcontract part of the non-main and non-critical work of the winning project after winning the bid, it shall be specified in the tender documents.
Thirty-first 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.
The tenderer shall not force bidders to form a consortium to bid together, and shall not restrict competition among bidders.
Thirty-second bidders shall not collude with each other in bidding quotation, and shall not crowd out the fair competition of other bidders and damage the legitimate rights and interests of the tenderee or other bidders.
Bidders shall not collude with the tenderee in bidding, which may harm the national interests, social public interests or the legitimate rights and interests of others.
Bidders are prohibited from winning the bid by bribing the tenderee or members of the bid evaluation committee.
Article 33 A bidder shall not bid at a price lower than the cost, nor shall he bid in the name of others or defraud the bid by other means.
Chapter IV Bid Opening, Bid Evaluation and Bid Winning
Article 34 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place predetermined in the tender documents.
Article 35 The bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate.
Article 36 At the time of bid opening, the bidder or its elected representative shall check the sealing condition of the bid documents, and may also be checked and notarized by a notary agency entrusted by the tenderer; After confirmation, the staff will open it in public and read out the name of the bidder, the bid price and other main contents of the bid documents.
All bid documents received by the tenderer before the deadline for submission of bid documents required by the tender documents shall be opened and read out in public when opening bids.
The bid opening process shall be recorded and filed for future reference.
Article 37 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation.
For a project subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and relevant technical and economic experts, with an odd number of more than five members, of which the technical and economic experts shall not be less than two thirds of the total number of members.
The experts mentioned in the preceding paragraph shall have worked in related fields for eight years and have senior professional titles or equivalent professional level, and shall be determined by the tenderee from the list of experts provided by the relevant departments of the State Council or the relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the list of experts in related disciplines in the expert database of the tendering agency; General bidding projects can be randomly selected, and special bidding projects can be directly determined by the tenderer.
People who are interested in the bidder shall not enter the bid evaluation committee of related projects; Those that have entered should be replaced.
The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.
Article 38 A tenderer shall take necessary measures to ensure that the bid evaluation is conducted in strict confidentiality.
No unit or individual may illegally interfere with or influence the bid evaluation process and results.
Article 39 The bid evaluation committee may require bidders to make necessary clarifications or explanations on the ambiguous contents in the bid documents, but the clarifications or explanations shall not go beyond the scope of the bid documents or change the substantive contents of the bid documents.
Article 40 The bid evaluation committee shall evaluate and compare the bid documents according to the bid evaluation standards and methods determined in the bidding documents. If there is a pre-tender estimate, it shall be referred to. After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid.
The tenderer shall determine the winning bidder according to the written bid evaluation report put forward by the bid evaluation committee and the recommended candidate winning bidders. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder.
The State Council has special provisions on the bid evaluation of a specific project subject to tender, and such provisions shall prevail.
Article 41 The bid of the winning bidder shall meet one of the following conditions:
(a) to meet the comprehensive evaluation criteria specified in the tender documents to the maximum extent;
(two) to meet the substantive requirements of the tender documents, and the evaluated bid price is the lowest; Only the bid price is lower than the cost.
Article 42 If, after review, the bid evaluation committee considers that all bids do not meet the requirements of the tender documents, it may reject all bids.
If all bids for a project that must be subject to tender according to law are rejected, the tenderer shall re-invite bids in accordance with this Law.
Article 43 Before determining the winning bidder, the tenderee shall not negotiate with the bidders on the bid price, bid plan and other substantive contents.
Forty-fourth members of the bid evaluation committee shall perform their duties objectively and fairly, abide by professional ethics, and take personal responsibility for the bid evaluation opinions put forward.
Members of the bid evaluation committee shall not contact bidders privately, and shall not accept property or other benefits from bidders.
Members of the bid evaluation committee and relevant staff involved in the bid evaluation shall not disclose the evaluation and comparison of bid documents, the recommendation of successful candidates and other information related to bid evaluation.
Forty-fifth after the winning bidder is determined, the tenderer shall issue a letter of acceptance to the winning bidder and notify all bidders who have not won the bid.
The bid-winning notice has legal effect on the tenderer and the winning bidder. After the bid-winning notice is issued, if the tenderer changes the bid-winning result or the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law.
Article 46 A tenderer and a winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it.
Forty-seventh projects that must be subject to tender according to law, the tenderer shall submit a written report on the bidding situation to the relevant administrative supervision departments within 15 days from the date of determining the winning bidder.
Article 48 The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others separately.
The winning bidder may, according to the contract or with the consent of the tenderer, subcontract part of the non-major and non-critical work of the winning project to others for completion. The person who accepts subcontracting shall have corresponding qualifications and shall not subcontract again.
The winning bidder shall be responsible to the tenderer for the subcontracted project, and the subcontractor shall be jointly and severally liable for the subcontracted project.
Based on the above introduction, there are strict procedures for bidding and procurement, which should be carried out in accordance with the regulations. I believe that after reading the above introduction, you have a certain understanding of the relevant legal knowledge of the bidding procurement process. If you have legal problems in this field, please consult a lawyer, and they will give you professional answers.