Bidding is a commodity management method in market economy, which is widely used in project implementation at home and abroad. In this way, the tenderer attracts many bidders to compete on an equal footing under the same conditions through the pre-announced procurement and requirements, and organizes experts in technology, economy and law to comprehensively evaluate many bidders according to the prescribed procedures, so as to select the winning bidder for the project. Its essence is to get the best goods, projects and services at a lower price.
1. Bidding: Bidding refers to inviting bidders with legal conditions and construction capacity to participate in bidding competition through bidding announcement or invitation letter.
2. Bidding: Bidding refers to the bidders who have passed the qualification examination, fill in the bidding documents according to the provisions of the bidding documents, prepare the bidding quotation according to the bidding conditions, and deliver it to the tendering unit within the time limit stipulated in the bidding documents.
3. Bid opening: Bid opening refers to the process that the tenderer (or tendering agency) publicly opens the bidding documents submitted by the bidders in the presence of bidders' representatives and supervision institutions at the time and place specified in the bidding documents and bidding announcement, and publicly reads out the names of bidders, bid prices and relevant main contents in the bidding documents.
4. Bid evaluation: Bid evaluation means that the bid evaluation committee set up by the tenderer examines, evaluates and compares the bidders according to the bid evaluation standards and methods specified in the tender documents, submits a written bid evaluation report, and recommends 1-3 qualified bid-winning candidates.
5. Winning bid: Winning bid refers to the process that the tenderer determines the winning bidder among the recommended winning bidders according to the written bid evaluation report put forward by the bid evaluation committee.
6. Award: Award means that the tenderer sends a bid-winning notice to the bid winner who has been publicized without objection and accepts his bid documents and bid quotation.
7. Signing a contract: Signing a contract means that within 30 days after the bid-winning notice is issued, the tenderer and the winning bidder negotiate and sign a contract on the problems existing in the bidding documents and bidding documents. At this point, the whole bidding process has been completed.
Second, the bidding parties
The tenderee includes the tenderee, the bidder and the tendering agency.
1. Tenderee: A tenderer is a legal person or other organization that puts forward a project subject to tender according to bidding laws and regulations.
2. Bidder: A bidder is a legal person or other organization that responds to the bidding and participates in the bidding competition.
3. Bidding agency: A bidding agency is a social intermediary organization established according to law, which engages in bidding agency business and provides related services.
Third, the type of bidding
There are three kinds of bidding: goods bidding, project bidding and service bidding.
1. goods bidding: goods bidding refers to the bidding process for all kinds of goods, including raw materials, products, equipment, electric energy, solid, liquid and gas objects, and related auxiliary services.
2. Project bidding: Project bidding refers to the bidding process of various engineering construction projects such as industry, water conservancy, transportation, civil aviation, railway, information industry, housing construction, municipal infrastructure, etc., including various civil engineering construction, equipment construction and installation, pipeline line manufacturing and laying, decoration, etc. , and related auxiliary services.
3. Service bidding: Service bidding refers to the bidding process of any procurement object (such as consultation and evaluation, property management, finance and insurance, medical care, labor services, advertising, etc.). ) except for goods and projects.
Four, the basic characteristics of bidding
1, organizational. Bidding is an organized and planned commercial transaction, and its process must be carried out in accordance with the provisions, place and time of the bidding documents, and in accordance with the prescribed rules, methods and procedures, which is highly organized.
2. openness. (1) Information disclosure of bidding activities. (2) The bid opening procedure is open. (3) The criteria and procedures for bid evaluation are open. (4) Publicity of the bid-winning result.
3. Fairness and justice. (1) Treat all bidders equally, and the tenderee shall not discriminate against any bidder. (2) The bid opening process shall be open and notarized. (3) Strict confidentiality principle and scientific bid evaluation method ensure the fairness of the bid evaluation process. (4) `No person who has an interest in the bidder may serve as a member of the bid evaluation committee. (5) The organization and publicity of bidding is another important guarantee for fair and just competition in the bidding process.
4. One-off. The transaction behavior of bidding is different from general commodity exchange, and it is also different from public inquiry and negotiation. In the process of bidding, bidders have no bargaining power, which is another remarkable feature of bidding. When bidders are invited to participate in bidding, they can only make a one-time secret offer, which is a "one-price". After the tender documents are submitted, the substantive terms shall not be withdrawn or modified.
5. Normative. According to the current general practice, the bidding procedure is relatively mature and standardized. Whether it is bidding for engineering construction or purchasing goods or services, it should be carried out in accordance with the relatively standardized and mature procedure of compiling bidding documents, issuing bidding announcements, bidding, bid opening, bid evaluation and signing contracts.
Five, the role and purpose of bidding in China's economic construction
1, save money, ensure quality, ensure the project to be completed on schedule, and improve investment benefit and social benefit.
2. Creating a fair competitive market environment and promoting fair competition among enterprises are conducive to perfecting and promoting the pace of establishing a socialist market economic system in China.
3. Bidding according to law can ensure the maximum competition under the condition of market economy, help to realize the optimal allocation of social resources, and improve the technical and business capabilities and service management level of enterprises, institutions, intermediary service institutions and project units.
4. Bidding according to law is conducive to overcoming unfair competition and preventing and curbing corruption in procurement activities.
5. Popularizing and applying the bidding system is conducive to protecting national interests, social interests and the legitimate rights and interests of the parties involved in bidding activities.
The bidding scope and scale standard of intransitive verbs
1, bidding scope of engineering construction project
Within the administrative area of Guizhou Province, the following engineering construction projects, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction projects, must be subject to tender according to law:
(1) Infrastructure projects and public utilities projects related to social interests and public safety;
(2) Projects invested by state-owned funds in whole or in part;
(3) Projects invested by the state;
(4) Projects that use loans or aid funds from international organizations or foreign governments.
2, engineering construction project bidding scale standard
The specific scale standards for construction projects that must be tendered according to law shall be formulated by the government according to the relevant provisions of the state.
3, the scope and standards of goods and services procurement bidding
Procurement scope and scale standards of drugs, medical devices, teaching AIDS, electric energy, transportation, office facilities, office supplies and other goods, government procurement and property management, finance and insurance, scientific research, consulting and evaluation, etc. , shall be implemented in accordance with relevant laws and regulations, and the bidding procedures shall be handled in accordance with the provisions of relevant laws and regulations.
Seven. Bidding method
"People's Republic of China (PRC) Bidding Law" clearly stipulates that recruitment can be divided into two ways: open bidding and invitation bidding, and the negotiation bidding method is cancelled.
1, open tender. Open bidding, also known as unlimited bidding, means that the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement.
2. Invite bids. Invited bidding, also known as limited competitive bidding, means that a tenderer invites a specific legal person or other organization to bid in the form of an invitation to bid.
Eight, bidding organization form
Bidding is divided into two organizational forms: the tenderer organizes bidding by himself and the tenderer entrusts a bidding agency to act as an agent.
1. Self-bidding: A tenderer who has the ability to prepare bidding documents and organize bid evaluation will handle bidding matters and organize bidding activities by himself.
2. Entrust bidding: The tenderee selects a bidding agency with corresponding qualifications and entrusts it to handle bidding matters and carry out bidding activities; A tenderer who does not have the ability to prepare bidding documents and organize bid evaluation must entrust a bidding agency with corresponding qualifications to handle bidding matters.
Extension: basic principles
Disclosure principle
The principle of openness requires that bidding activities must be completely transparent, and information such as bidding procedures, bidders' qualifications, bid evaluation standards and methods, bid evaluation and winning results should be made public, so as to ensure that every bidder can obtain the same information, participate in bidding competition fairly, and safeguard their legitimate rights and interests according to law. At the same time, the openness and transparency of bidding activities also provide conditions for the parties, administrative and social supervision. Openness is the basis and premise of fairness and justice.
Principle of fairness
The principle of fairness, that is, the tenderer is required to give potential bidders or bidders equal competition opportunities and enjoy the same rights and obligations in all procedures of bidding. For example, a tenderer may not contain tendentious contents in the prequalification documents and bidding documents, and may not restrict and exclude potential bidders with unreasonable conditions; It is not allowed to adopt different qualification examination or bid evaluation criteria for potential bidders or bidders, and it is not allowed to take the performance and awards of a specific administrative region or a specific industry as the conditions for bid evaluation or winning a bid for a project that must be subject to tender according to law. The principle of fairness is mainly embodied in two aspects: on the one hand, it is equal opportunity, that is, potential bidders have equal bidding competition opportunities; On the other hand, the rights and obligations of all parties are equal, that is, the rights and obligations between the tenderer and all bidders are balanced, and civil liabilities are reasonably borne.
Principle of justice
The principle of justice requires the tenderer to set scientific, reasonable and unified procedures, methods and standards according to law, and strictly accept and objectively evaluate the bidding documents accordingly, and truly select the winning bidder, without bias, discrimination and exclusion, so as to ensure the legal and equal rights and interests of all bidders. Therefore, the Bidding Law and its supporting regulations have made relevant provisions on bidding, tendering, bid opening, bid evaluation, winning the bid and signing the contract. , so as to ensure the fairness of the bidding procedures, methods, standards, rights and interests and its substantive results. For example, the bid evaluation committee must make an objective evaluation of the bid documents, recommend the successful candidate and clarify the legal situation of refusing to bid according to the bid evaluation standards and methods determined in advance and publicized in the bidding documents.
principle of good faith
The principle of good faith requires that all bidding parties should exercise their rights and perform their obligations with the consciousness and attitude of abiding by the law, honesty, trustworthiness and goodwill in bidding activities and contract performance, and should not deliberately conceal the truth or practice fraud, engage in collusion in bidding, collusion in bidding and malicious competition, break their promises or even break their contracts, and should not harm the legitimate interests and social interests of others while pursuing their own legitimate interests, and safeguard the balance between the interests of both parties and social interests according to law. Honesty is the cornerstone of market economy and the basic principle of civil activities.