Under what circumstances is public bidding necessary?
Article 11 of the "Tendering and Bidding Law" stipulates: If the national key projects of 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, they shall be subject to the development of the State Council. Invitation bidding may be conducted with the approval of the planning department or the people's government of the province, autonomous region or municipality directly under the Central Government. The essence of this provision is to emphasize that key projects must be subject to public bidding. First, national key projects and local key projects should be subject to public bidding. National key construction projects refer to key projects identified from the national large and medium-sized capital construction projects that have a significant impact on the national economy and social development, and are determined by the development planning department of the State Council in consultation with the relevant competent departments of the State Council. Local key construction projects refer to key projects identified from local large and medium-sized capital construction projects that have a significant impact on the economic and social development of the region, and are determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. It can be seen from this that key construction projects should meet at least two standards: first, the investment scale reaches the large or medium-sized standards stipulated by the state; second, the actual effect has a significant impact on the national economy or the economic and social development of the region . Most of these projects belong to infrastructure, basic industries and pillar industry projects, or are high-tech projects that can drive industry progress. In order to ensure the management of key construction projects and ensure the project quality and on-schedule completion of key construction projects, public bidding must be adopted. Because open bidding has more advantages in terms of transparency and competitiveness, it can better reflect the purpose and purpose of the bidding system. The "Measures for the Administration of National Key Construction Projects" promulgated and implemented in 1996 stipulates that the design, construction, supervision, and equipment procurement of the main projects of national key construction projects shall be publicly tendered by the construction project legal person in accordance with the law, and the winning bidder shall be selected on a merit-based basis. The Bidding and Bidding Law further confirms this system. Second, for key projects that are not suitable for public bidding, invitation bidding can be conducted upon approval. In some specific circumstances, such as because the project is technically complex or has special requirements, involves patent protection, is subject to natural resource or environmental restrictions, or is difficult to determine new technologies or technical specifications in advance, etc., the number of qualified bidding units that can be selected Limited, public bidding is not appropriate or feasible. In this case, the tenderer may choose another bidding method stipulated in Article 10 of the Bidding and Bidding Law - invitation to bid. The number of bidders in invitational bidding is limited, and the openness and competitiveness are far less than public bidding. It is prone to illegal operations and insider trading. If strict supervision is not carried out, it will cause irreparable losses to the construction of key projects. Considering that national key projects and local key projects are determined by the development planning department of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government respectively, it is more appropriate for the project determination department to exercise the supervisory power over invitations to bid. Therefore, Article 11 of the Bidding and Bidding Law stipulates that if public bidding is not suitable, invitation bidding may be conducted with the approval of the development planning department of the State Council or the people's government of the province, autonomous region, or municipality directly under the Central Government.
Under what circumstances requires public bidding, thank you
①According to the "Tendering and Bidding Law": "Article 3 The following construction projects within the territory of the People's Republic of China include: The survey, design, construction, supervision of the project, as well as the procurement of important equipment and materials related to the project construction, must be tendered:
(1) Large-scale infrastructure, public utilities and other matters related to social welfare*** Projects involving public interests or public safety;
(2) Projects that use state-owned funds for investment or state financing in whole or in part;
(3) Using loans from international organizations or foreign governments, Projects with aid funds.
The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with relevant departments of the State Council and submitted to the State Council for approval by law or other projects that require bidding. If the scope is stipulated, such stipulations shall apply.
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②According to the "Regulations on the Implementation of the Tendering and Bidding Law" stipulates: "Article 8 Projects in which state-owned funds hold a controlling or dominant position and must be subject to tendering in accordance with the law shall be subject to public tendering; however, if one of the following circumstances occurs, the tendering process may Invitation to bid:
(1) The technology is complex, has special requirements or is restricted by the natural environment, and there are only a small number of potential bidders to choose from;
(2) The cost of using open bidding It accounts for too large a proportion of the project contract value.
If any of the circumstances listed in item 2 of the previous paragraph fall under the provisions of Article 7 of these Regulations, the project approval and approval department shall make a determination when approving and approving the project; for other projects, the tenderee shall apply for relevant administrative approval. The supervisory authority makes the determination. ”
Under what circumstances can self-tendering be carried out
Article 12 of the Tendering Law stipulates: “If the tenderer has the ability to prepare tendering documents and organize bid evaluation, it may handle tendering matters on its own.”
The reason for this provision is that if project units that are not familiar with the bidding procedures and do not have the ability to bid are allowed to organize bidding, it will affect the standardization and proceduralization of the bidding work, thereby affecting the quality and quality of the bidding. In addition, this paragraph specifically emphasizes: "No unit or individual may be forced to entrust a bidding agency to handle bidding matters." The bidding law does not clearly stipulate the issue of "must be selected through comparison". It depends on the local government regulations at all levels. In Sichuan Province, selection can be made for anything below 2 million W, and bidding must be conducted for the above.
Bidding Law Implementation method: under what circumstances construction projects may not be subject to bidding
Draw up a framework, and then fill in the general content. Search the standard format online and refer to the information
Under what circumstances No public bidding is required for road construction?
What you mentioned above is Order No. 3, issued by the national ministries and commissions; what the poster mentioned is the local standard in Henan; so the limit amount is different, and whether bidding is required. You can't just look at the amount. Generally, you should first look at the provisions of the Basic Law, that is, the "Tendering and Bidding Law of the People's Republic of China", and then look at the ministries and local regulations.
First, the provisions of the Basic Law
Bidding must be conducted for the following engineering construction projects within the territory of the People's Republic of China, including project survey, design, construction, supervision and the procurement of important equipment and materials related to engineering construction:
(1) Large-scale infrastructure, public utilities and other projects related to social public interests and public safety;
(2) Projects that are fully or partially invested with state-owned funds or state-financed;
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(3) Projects using loans and aid funds from international organizations or foreign governments
The specific scope and scale standards of the projects listed in the preceding paragraph shall be determined by the development planning department of the State Council in conjunction with the State Council.
If the law or the State Council stipulates the scope of other projects that require bidding, the regulations shall be followed.
Second, refer to local regulations.
"Measures of Henan Province for the Implementation of the "Tendering and Bidding Law of the People's Republic of China"
Road construction generally requires bidding because it is state-owned funds and is a large-scale infrastructure and public utility. If the amount is small, you can go to the local bidding management center to apply for approval to see whether you can avoid inviting bids, or even if you want to invite bids, you can apply for approval and invite bids on the grounds of small amount, tight construction period, etc.
Under what circumstances can a tenderer refuse to invite tenders?
According to Article 9 of the "Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China": In addition to the special circumstances stipulated in Article 66 of the Tendering and Bidding Law that may not require bidding, there are the following circumstances: No bidding is required if: (1) irreplaceable patents or proprietary technologies are required; (2) the purchaser is able to construct, produce or provide it on its own in accordance with the law; (3) franchise projects that have been selected through bidding Investors can construct, produce or provide on their own in accordance with the law; (4) need to purchase projects, goods or services from the original successful bidder, otherwise construction or functional supporting requirements will be affected; (5) other special circumstances stipulated by the state. If the tenderer commits fraud to apply the provisions of the preceding paragraph, it shall be considered as avoidance of tendering as stipulated in Article 4 of the Tendering and Bidding Law.
Which projects require bidding?
Answer: 1. Project scope: The following engineering construction projects within the administrative region of this province, including project survey, design, construction, supervision and the procurement of important equipment and materials related to engineering construction, must be carried out Bidding: (1) Large-scale infrastructure, public utilities and other projects related to social public interests and public safety; (2) Projects that use all or part of state-owned capital investment or state financing; (3) Use international organizations or foreign *** Projects for loans and aid funds. 2. Scale standards that require bidding according to law: (1) For the procurement of survey, design, supervision and other services, the single contract estimate is more than 300,000 yuan; (2) The single construction contract estimate is more than 1 million yuan or the construction area is 2,000 yuan More than square meters; (3) For the procurement of important equipment, materials and other goods, the single contract estimate is more than RMB 500,000; (4) The single contract estimate is lower than the scale standards specified in the first three items, but meets one of the following standards : A. The total investment amount is more than 20 million yuan; B. The amount of using fiscal budget funds at all levels, various special construction funds included in financial management or administrative fee funds, and state financing is more than 1 million yuan of.
What are the requirements for bidding?
Preparation of tender documents
1. Question: What content does a user's tender document generally include?
Answer: The format of the standard domestic competitive bidding document is based on the Chinese version of the World Bank loan project template, and its basic structure is fixed:
◆ Bidding Instructions
p>◆ Bidder qualifications
◆ Bidding documents
◆ Bidding documents
◆ Bid evaluation
◆ Contract award
◆ Contract Terms
However, in some local projects, the content of the tender document only contains part of the content in this template, but the bidding instructions, bidding documents, and contract terms are required of.
2. Question: What are the contents of the bidding instructions?
Answer: The bidding instructions are to inform the bidders of the business considerations regarding the bid and to enable the bidders to clearly understand the precautions for the bidding. The bidding instructions include the following:
Project Name, name of the customer, number of bids, bid address, bid deadline, bid deposit, bid validity period and bid evaluation considerations, etc.
3. Question: What are the requirements for bidder qualifications?
Answer: Generally, there are specific requirements for company size, performance and manufacturer credit. Manufacturers that cannot meet the requirements are deemed to be ineligible for bidding. In some bidding projects, the good qualifications of the bidder will be used in the bid evaluation. Lieutenant General will play a role of extra points.
4. Question: What content is required in the bidding documents?
Answer: These include bidding instructions, contract terms, technical specification requirements, etc. The formal bidding document will require an item-by-item response to the technical specification requirements of the bidding document, as well as some explanations and clarifications on the bidding project. All these contents should be read in detail one by one and responded to, because the user's needs are completely reflected in the bidding document. Whether the user's needs can be truly grasped and clearly understood, the bidding document is the most direct way.
5. Question: What are the user’s requirements for tender documents?
Answer: ◆Make specific provisions on the composition of the bidding document: content
◆Preparation of the bidding document: format and sequence
◆Format of the bidding quotation: Format of the quotation form
◆ Submission of bid documents: submission format, sealed form
◆ Cost of bid documents: content of cost sharing
◆ Contents of bid documents Clarification: Communication form regarding clarification content
◆ Bid security deposit: amount and form
6. Question: What content is included in the description of bid evaluation in the bidding document?
Answer: Basis for bid evaluation: explain the basic principles for evaluating bids;
Composition of the bid evaluation team: the personnel who form the bid evaluation team, generally including users
Representatives, bidding company representatives, expert representatives, etc.;
The tenderer clarified: Regarding the description of the conditions for winning the bid, it generally states that it does not promise to win the bid at the lowest
price, and there is no Obligation to explain the reasons for not winning the bid.
Bid evaluation factors: declare the key factors that affect the bid evaluation results, such as price, service,
quality, etc., so that the bidder can respond in detail in these aspects to meet the user's needs
Requirements.
7. Question: What should the tenderer and the winning bidder pay attention to when awarding a contract?
Answer: How to send the bid winning notice
Effectiveness of the signing of the contract
The right to change the quantity of the contract
The right to reject the bid
Increase ordering options
8. Question: What aspects should be paid attention to in the content of the contract terms?
Answer: Delivery time
Payment method
Delivery, shipping and acceptance
Service
Warranty
Technical Support
9. Question: What is a bid deposit and how to operate it?
Answer: Purpose: In order to ensure the effectiveness of the bidding, the tenderer collects each bid during the bidding
to ensure the credibility of the bidder and prevent unilateral withdrawal of the bid after the bidding
>Form: cash check or bid deposit guarantee letter issued by the bank
Amount: 2% of the total bid price
Submission: issued at the same time as the bid, otherwise the bid will be deemed invalid
10. Question: What are the general requirements for sealing tender documents?
Answer: The bid quotation and bid deposit shall be sealed separately, and the sealing part shall be stamped with a valid seal;
The original and copy of the bid document shall be sealed separately and sealed in the bid document
Separately indicate the project name, bidder, etc. on the sealing strip.
11. When doing bidding projects, what are the time control points? How to master it?
Answer:
◆ Time for issuing/selling bids: Users can purchase bids from the official notification of the start of selling bids to the closing date of the bidding
. Only after purchasing the bids Only companies of 100% are eligible to participate in the bidding
.
The time is very serious.
I don’t know whether Xiangtai is bidding or tendering. I list the two situations as follows. I hope it will be helpful to you. I wish Shang Qi a Merry Christmas! ! !
1. Bidder conditions
1. The bidder should have legal person qualifications, be an economic entity that can independently bear civil liability, and have a registered capital of more than 500,000 yuan (including 500,000 yuan) .
2. The bidder (company) should have a certain ability to advance funds.
3. The bidder shall bear all costs involved in preparing and delivering the bidding documents. Regardless of the bidding result, the bidding unit shall not be responsible for the above expenses.
1. Preparatory conditions for the bidding project
The following bidding conditions for this project have been met:
1. This project has been listed in the national (or ministry, commission) , or province, city, or autonomous region) annual plan;
2. There are construction drawings and budget estimates issued by the design unit approved by the state;
3. The construction land has been requisitioned, and the obstacles All properties have been demolished; the water, electricity, road and communication conditions for on-site construction have been implemented;
4. Funds, materials, equipment distribution plans and collaborative supporting conditions have been implemented respectively to ensure supply and enable the proposed construction to be completed. The project can be constructed continuously within the scheduled construction period;
5. A construction permit has been issued by the local construction authority;
6. The lowest bid for this project has been reported to the construction supervisor Review by the department and China Construction Bank.
Under what circumstances may construction projects not be subject to bidding?
"Tendering Law of the People's Republic of China"
Article 66 involves the state Projects that are not suitable for bidding due to special circumstances such as security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to implement work-for-relief projects or the use of migrant workers, may not be subject to bidding in accordance with relevant national regulations.
"Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China"
Article 9 Except for the special circumstances stipulated in Article 66 of the Tendering and Bidding Law, bidding may not be conducted. , if there is any of the following circumstances, no bidding is required: (1) It requires the use of irreplaceable patents or proprietary technologies; (2) The purchaser is able to construct, produce or provide it by itself in accordance with the law; (3) It has been selected through bidding Investors in franchise projects are able to construct, produce or provide by themselves in accordance with the law;
(4) It is necessary to purchase projects, goods or services from the original successful bidder, otherwise it will affect the construction or functional supporting requirements;
(5) Other special circumstances stipulated by the state.