Can the tenderer entrust another person to do the tendering on his behalf?
Agency tendering means that the tenderer entrusts the tendering affairs to an agency established in accordance with the law that specializes in tendering agency business, and the agency tenders on its behalf. behavior. Article 12 of the "Tendering and Bidding Law" stipulates: The tenderer has the right to choose a tendering agency on its own and entrust it to handle tendering matters. No unit or individual may designate a bidding agency for the bidder in any way. If the tenderer has the ability to prepare bidding documents and organize bid evaluation, it may handle bidding matters on its own. No unit or individual may be forced to entrust a bidding agency to handle bidding matters. For projects that require bidding according to law, if the tenderer handles the bidding matters on his own, he shall file a record with the relevant administrative supervision department. It can be seen from this that the tenderer can handle the bidding matters on his own, or he can entrust a professional agency to do the bidding on his behalf. The bidding agency is not a mandatory system. Independent bidding is a bidding activity carried out by the bidder alone, provided that it has the ability to prepare bidding documents and organize bid evaluation. Can the tenderer for the resettlement housing supervision tender be ***?
*** cannot be the tenderer.
Resettlement houses are generally funded by *** and entrusted to relevant enterprises to build and implement them. For example, the provincial government funds the construction of resettlement housing, and the funds are paid by the provincial finance. However, the provincial finance department does not care about the implementation of the construction, but entrusts the funds to a company affiliated with the provincial State-owned Assets Supervision and Administration Commission to carry out relevant work.
In this way, all matters in the construction process of resettlement housing are implemented by the company, including survey, design, construction, material procurement, etc. If bidding is required, the company will be responsible. The company becomes the tenderer.
2016.02.21 The bidder can participate in the re-evaluation
Yes, the bid evaluation committee is established by the bidder. The bid evaluation committee is generally composed of representatives of the bidder and experts. Under what circumstances can a bidder refuse to invite bids?
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: If one of the following applies, 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 on its own in accordance with the law; (3) Franchise projects that have been selected through bidding Investors can construct, produce or provide by themselves in accordance with the law; (4) It is necessary to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional supporting requirements; (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. Hello~! I would like to ask, in public bidding, can the bidder entrust a representative of the bidding agency who is familiar with the business to be the judge of the project to evaluate the bids?
No
Refer to "*** Procurement Review Expert Management Measures"
Chapter 4 Use and Management of Review Experts
Article 18 The management and use of review experts should be relatively separated. The financial department should establish a management system that restricts the maintenance and management of the expert database and the extraction and use of the expert database, that is, the maintenance and management of the procurement expert database should be separated from the use and extraction work.
Article 19 When selecting experts, in principle, the purchaser or the person in charge of the procurement agency shall randomly select them under the supervision of the financial department. Under special circumstances, with the consent of the purchaser or procurement agency, the expert database maintenance and management personnel of the financial department can also randomly select from the expert database and recommend it to the purchaser or procurement agency. No unit or individual may designate review experts or interfere with the selection of review experts.
Article 20: Each time the required evaluation experts are selected, two or more candidate evaluation experts shall be selected according to the situation, and the replacements shall be arranged in order.
But there is a trick behind this. When the agency fills out the application form for the use of review experts, it can first select local experts. As long as you know the expert category that representative belongs to, you'll be fine. Good luck!
Can the tenderer handle the bidding matters on his own?
Article 12 of the Tendering and Bidding Law stipulates that if the tenderer has the ability to prepare bidding documents and organize bid evaluation, he can handle the bidding matters on his own. .
No unit or individual may be forced to entrust a bidding agency to handle bidding matters. For projects that require bidding according to law, if the tenderer handles the bidding matters on his own, he shall file a record with the relevant administrative supervision department.
The meaning of this provision is: (1) A capable bidder can handle the bidding by himself and does not need to entrust others to handle it; (2) The bidder must meet certain conditions to handle the bidding business by himself, that is, the bidder Should have the ability to prepare bidding documents and organize bid evaluation. This is because: First, the bidding document is the most important legal document that binds both the tenderer and the bidder in the entire bidding activity. It is the charter of the bidding activity. It includes important substantive information such as the main technical terms and price requirements of the bidding project, bid evaluation standards and main terms of the contract. It is highly specialized and complex, and requires the compiler's professional level, bidding experience and mastery of bidder information. Higher, whether a complete and rigorous bidding document can be prepared directly affects the quality of the bidding and is also the key to the success or failure of the bidding. Therefore, if the tenderer invites bids by itself, the tenderer is required to have corresponding professionals and have the ability to independently prepare bidding documents. Second, effective organization of bid evaluation is an important link to ensure that the bid evaluation work is carried out in strict accordance with the requirements of the bidding documents and bid evaluation standards, to maintain the fairness and fairness of the bidding, to avoid disputes, and to ensure the successful completion of the bidding work. Therefore, if the tenderer invites bids on its own, it must have the ability to effectively organize bid evaluation. If it is necessary to have a dedicated team to specifically engage in organizational work, and have a broad understanding of the sources of experts for bidding projects, etc.
In order to ensure the quality of self-tendering and prevent self-tenderers from soliciting bids without authorization or arbitrarily changing the bidding procedures and bid evaluation standards, causing confusion in the bidding work, supervise the provision of equal competition to bidders. Opportunities to effectively protect the legitimate rights and interests of bidders. This article also stipulates that for projects that must be tendered in accordance with Article 3 of the Tendering and Bidding Law, if the tenderer handles the tendering matters on his own, he shall file a record with the relevant administrative supervision department. Although the filing system is not a pre-approval system, it only requires the parties to notify the relevant administrative supervision departments in writing for future reference when conducting self-tendering. However, the relevant administrative supervision departments can grasp the situation through the reporting system. If it is found that the self-tendering party does not comply with the statutory If there are any conditions, you have the right to require them to be corrected. The tenderer may organize and implement bidding activities on its own, but shall not establish a specialized bidding organization to be responsible for the specific implementation of bidding activities, review and approval of bidding conditions, minimum bids, bid evaluation procedures and bid determination methods, etc.
Conditions that should be met: Have technical, economic and management personnel suitable for the bidding project; have the ability to prepare bidding documents; have the ability to organize bid opening, bid evaluation and bid determination. Can the tenderer not be responsible for the authenticity of the information in the tender?