The bidding documents can be divided into three parts according to their functions:
1. Bidding announcement or invitation letter, instructions to bidders, bid evaluation methods, bidding document format, etc., which mainly expounds the general situation of bidding project requirements and rules of bidding activities, and is binding on all parties involved in project bidding activities, but generally does not constitute a contract document;
2. The bill of quantities, design drawings, technical standards and requirements, contract terms, etc., which comprehensively describe the requirements of the project subject to tender, are not only the main basis of the bidding activities, but also the important contents of the contract documents, and are binding on the tenderee and the winning bidder;
3. Reference materials, for the bidder to understand and analyze the reference information related to the project subject to tender, such as project address, hydrology, geology, meteorology, transportation and other reference materials.
In any of the following circumstances, the bidding may not be conducted:
1. It is necessary to adopt irreplaceable patents or proprietary technologies;
2. The purchaser can construct, produce or provide by himself according to law;
3. The investors who have been selected through bidding can build, produce or provide the franchise project by themselves according to law;
4. It is necessary to purchase the project, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
5. other special circumstances stipulated by the state.
to sum up, if the tenderee 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 method of obtaining the tender documents.
Legal basis:
Article 18 of the Bidding Law of the People's Republic of China
A tenderer may, according to the requirements of the project subject to tender, require potential bidders to provide relevant qualification certificates and performance in the tender announcement or invitation letter, and conduct qualification examination on potential bidders; If 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.