General situation of Ji' an public resources transaction supervision network;
Ji 'an public * * * resource transaction supervision network is a clean, sunny, efficient and unified platform in Ji 'an, which actively performs the relevant duties of the provincial bidding network and provides a service platform for the bidding of construction enterprises in this area.
In order to further standardize the development of the local bidding industry, Ji 'an Bidding Network has set up a corresponding column on bidding integrity learning. In order to help bidders of construction enterprises understand common problems and solve them, Zhong Da Consulting has compiled relevant contents. The main content issues include the following points:
Question 1: How to set the bidder's performance conditions?
Question 2: Can the statutory qualification requirements be improved?
Question 3: Can the subsidiary of the tenderer participate in the bidding activities organized by it?
Question 4: Can the bidder be required to be an enterprise legal person?
Question 5: How to set the qualifications of bidders in the consortium?
Question 6: Can bidders be required to provide proof of no litigation?
Question 7: Can an enterprise refuse to participate in bidding on the grounds that its suppliers are blacklisted?
Among them, can the bidder be required to provide the following non-litigation certificates:
When bidding, many enterprises are required to submit proof that there has been no relevant litigation in recent years (usually three years). This certificate usually needs to be issued by the bidder's legal adviser (external lawyer), which is one of the bidding qualifications. Many potential bidders involved in litigation have to give up bidding or ask legal counsel to issue false certificates in order to participate in bidding. Then, can the tenderer ask the bidder to provide proof of no litigation in the bidding documents? I don't think so, for the following reasons:
(1) The requirement to provide proof of non-litigation is unreasonable. Participation in or involvement in litigation cases does not necessarily affect enterprises' participation in bidding and performance of contracts. Some lawsuits are initiated by enterprises to safeguard their legitimate rights and interests, so it is unreasonable to deprive them of bidding qualification. Even if the enterprise is sued by other parties, it does not mean that the enterprise must be at fault, but also depends on the final result. Only when the final result determines that the enterprise is in breach of contract, dishonest behavior or other illegal behavior, or will adversely affect the performance of the future contract signed by the enterprise, can it be considered as the specific situation of rejecting its bid.
(2) The requirement of providing proof without litigation is suspected to be illegal. Article 18 of the Bidding Law stipulates that a tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders. From the above analysis, it can be seen that it is obviously unreasonable to take the situation that does not involve litigation as the qualification condition that needs to be met in bidding, and it is likely to be considered as the situation that restricts or excludes potential bidders with unreasonable conditions.
Based on the above situation, it is suggested that the tenderer should not simply take whether the enterprise can participate in the bidding as a decisive condition, but should treat it differently when compiling the bidding documents. For example, failure to fulfill the effective judgment or ruling of the court or arbitration institution in time may be considered as one of the conditions for rejecting the enterprise's bid, or making unfavorable quantification in bid evaluation. In order to prevent bidders from cheating, it can be stipulated at the same time that if bidders make false promises, the tenderer has the right to cancel their bidding qualification within a certain period of time, so as to play a certain deterrent role.
Website of Ji 'an Public Resource Transaction Supervision Network:/
Ji 'an Construction Bidding Network Contact: 0796-8229952
For more information about bid writing and improving the winning rate, click on the bottom customer service for free consultation.