Article 10 of the Bidding Law stipulates that bidding is divided into open bidding and invitation bidding. Open tender means that the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement. Invitation to bid means that a tenderer invites a specific legal person or other organization to bid in the form of an invitation to bid. Judging from the situation of countries all over the world, there are two main bidding methods: open bidding and invitation bidding. Public bidding refers to a bidding method in which a tenderer publishes a bidding announcement in a designated newspaper, electronic network or other media to attract many enterprises to participate in bidding competition, and the tenderer selects the winning bidder from it. Invited bidding, also known as selective bidding, means that the tenderer selects a certain number of legal persons or other organizations (generally not less than three) according to the supplier, contract credit and performance, and sends them an invitation to bid, inviting them to participate in bidding competition. The main difference of this method is that (1) publishes information in different ways. Public bidding is published in the form of announcement, and invitation to bid is published in the form of invitation to bid. (2) The range of choice is different. Because public bidding is in the form of tender announcement, it is open to all potential legal persons or other organizations interested in the bidding project, and the tenderer does not know the number of bidders in advance; Invitation to bid is aimed at known legal persons or other organizations, and the number of bidders is known in advance. (3) The scope of competition is different. Because public bidding makes all eligible legal persons or other organizations have the opportunity to participate in bidding, the scope of competition is wide, the competition is fully reflected, and the tenderer has the absolute right to choose, which is easy to obtain the best bidding effect; The number of bidders invited to tender is limited, the scope of competition is limited, and the tenderee has relatively small choice, which may increase or decrease the bid-winning contract price, increase the bid-winning contract price, or omit some suppliers or contractors that are more competitive in technology or quotation. (4) The degree of publicity is different. In public bidding, all activities must be carried out in strict accordance with the well-known civil litigation standards stipulated in advance, which greatly reduces the possibility of cheating; Comparatively speaking, bidding is more closed and there are more opportunities for illegal activities. (5) Time and cost are different. Because the invitation to bid is not published, only a few bidding documents are issued, which greatly shortens the whole bidding time and correspondingly reduces the bidding cost. Compared with the procedure of public bidding, it takes a long time and a lot of documents to prepare from the announcement, the bidder's response, the bid evaluation and the signing of the contract. It can be seen that the two bidding methods have their own advantages, and different conclusions will be drawn from different angles. In practice, the practices of countries or international organizations are not consistent. Some did not give tendentious opinions, but gave the discretion to the tenderee, and the tenderee took the form of openness or invitation independently according to the characteristics of the project, as long as it did not violate the law, it was as open, fair and just as possible. For example, the EU procurement directive stipulates that if the procurement amount reaches the legal tender limit, the procurement unit has the right to choose freely between open tender and invited tender. In fact, invitation to bid is widely used in EU countries. The World Trade Organization's * * * procurement agreement has also adopted an undecided attitude towards which of these two methods is better or worse. The World Bank procurement guide regards international competitive bidding (open bidding) as a way to fully realize the requirements of capital saving and efficiency, and requires borrowing as the most basic procurement method. Only when international competitive bidding is not the most economical and effective can other methods be adopted.
What are the forms of bidding?
What are the bidding methods currently adopted in China? They are public bidding and invitation bidding, and for other special circumstances, such as those involving military and state secrets, direct negotiations can be held. I am doing project bidding.
What are the bidding methods?
(1) According to the openness of competition, bidding can be divided into open bidding and invitation bidding. 1) open tender. It belongs to unrestricted competitive bidding, which fully embodies the openness of bidding information, the standardization of bidding procedures and the fairness of bidding competition, and greatly reduces the possibility of unfair transactions such as collusive bidding and collusion. It is the most suitable bidding method and common procurement method. 2) Invite public bidding. It belongs to limited competitive bidding, also known as selective bidding. Invited bidding is applicable to projects that cannot be publicly tendered due to reasons such as national security, state secrets, commercial secrets, tight construction period or supply cycle, and limited by natural geographical environment, or projects that are limited by technical complexity and special requirements of the project, and it is clearly known in advance that only a few specific potential bidders can respond to the bidding. Or the scale of the project subject to tender is small, and the bidding cost by open bidding accounts for a large proportion of the value of the project subject to tender. According to the source of the target, bidding can be divided into: domestic bidding, including domestic open bidding and domestic invitation bidding; International bidding includes international public bidding and international invitation bidding. The compilation of international bidding documents should follow the international trade norms and practices. (2) Bidding methods and means 1) Two-stage bidding. It is suitable for bidding projects with uncertain technical design scheme or technical requirements or technical standards and specifications that are difficult to describe and determine. The first stage of bidding is to select the technical design scheme from the bidding scheme and unify the technical standards, specifications and requirements; In the second stage, according to the unified design scheme or technical standards, organize the final bidding and bidding quotation of the project. 2) Bidding for framework agreement. It is suitable for the reuse of goods or services with the same specifications, models and technical standards, especially for projects subject to centralized and unified bidding under one tenderer. The tenderer forms a unified framework agreement for the procurement of goods or services through bidding. Generally, only the purchase unit price is agreed, not the quantity and total price of the target. Each procurement implementation unit signs and performs the procurement contract agreement with the winning bidder in batches according to the procurement framework agreement. 3) Electronic bidding. Compared with paper bidding, it will greatly improve the bidding efficiency, meet the requirements of energy saving and emission reduction, reduce the bidding cost, effectively implement the principle of "three publics", help break through the traditional bidding organization and management mode, promote the reform and improvement of bidding supervision mode, standardize bidding order and prevent corrupt transactions.
What kinds of bidding methods are there?
A: There are two types of bids. One is * * * procurement bidding, which refers to the behavior of state organs, institutions and organizations at all levels using financial funds to purchase goods, projects and services within the scope of centralized procurement catalogue formulated according to law or above the procurement quota standard, and the other is procurement bidding of other investment types. * * * The scope of procurement bidding is stipulated by the * * * Procurement Law. According to Article 26 of the * * * Procurement Law, the bidding method for * * * procurement is: (1) open bidding; (2) Bidding; (3) Competitive negotiation; (4) Single source procurement; (5) asking; (six) other procurement methods identified by the State Council * * * procurement supervision and management department. Procurement bidding for other investment types is regulated by the Bidding Law. According to Article 10 of the Bidding Law, bidding is divided into open bidding and invitation bidding. Therefore, different types of bidding have different requirements for bidding methods. * * * procurement bidding can have six bidding methods, and there are only two bidding methods for non-* * procurement bidding. Related recommendations: Judicial Examination: Criminal Procedure Abides by the Principle of Legal Procedure Judicial Examination "Action" High-frequency Test Center Key Articles Analysis of National Judicial Examination Volume 2: 00 Dialing Proof in Civil Procedure Judicial Examination Required Questions: Ten Basic Principles of Criminal Procedure Law For more details, enter: Youxue.com Judicial Examination Channel 20 12 Judicial Examination Online Mock Exam.
There are several ways to bid. What's the difference?
Judging from the situation of countries all over the world, there are two main bidding methods: open bidding and invitation bidding. Public bidding refers to the bidding method in which the tenderee publishes a tender announcement in a designated newspaper, electronic network or other media to attract many bidders to participate in the bidding competition, and the tenderee selects the winning bidder from it. Invited bidding, also known as selective bidding, means that the tenderer selects a certain number of legal persons or other organizations (not less than three) according to the credit standing and performance of suppliers or contractors, and sends them invitations to bid and invite them to participate in bidding competition. The main difference between these two methods is that (1) publishes information in different ways. Public bidding is published in the form of announcement, and invitation to bid is published in the form of invitation to bid. (2) The range of choice is different. Because public bidding is in the form of tender announcement, it is open to all potential legal persons or other organizations interested in the bidding project, and the tenderer does not know the number of bidders in advance; Invitation to bid is aimed at known legal persons or other organizations, and the number of bidders is known in advance. (3) The scope of competition is different. Because public bidding makes all eligible legal persons or other organizations have the opportunity to participate in bidding, the scope of competition is wide, the competition is fully reflected, the tenderer has absolute choice, and it is easy to obtain the best bidding effect; The number of bidders is limited, the scope of competition is limited, and the tenderee has relatively small choice, which may increase the contract price of the winning bidder, or may omit some suppliers or contractors that are more competitive in technology or quotation. (4) The degree of publicity is different. In public bidding, all activities must be carried out in strict accordance with pre-specified and well-known procedures and standards, which greatly reduces the possibility of cheating; Comparatively speaking, bidding is more closed and there are more opportunities for illegal activities. (5) Time and cost are different. Because the invitation to bid is not published, only a few bidding documents are issued, which greatly shortens the whole bidding time and correspondingly reduces the bidding cost. The procedure of public bidding is very complicated. There are a lot of time requirements from announcement, bidder's response, bid evaluation and contract signing, and many documents have to be prepared, which takes a long time and costs a lot.
What are the bidding methods?
How to make a tender 1? Q: What does the user's tender generally include? Answer: The format of standard domestic competitive bidding documents refers to the Chinese version of the World Bank loan project model, and its basic structure is fixed: ◆ Instructions for Bidding ◆ Qualification of Bidders ◆ Bidding documents ◆ Bid evaluation ◆ Contract award ◆ Contract terms. However, in some local projects, the contents of the bidding documents only contain part of the contents of the model, but it is required to provide bidding instructions, bidding documents and contract terms. 2. Q: What are the contents of the instructions? Answer: The instructions for bidding are to inform the bidders of the commercial precautions for bidding, so that the bidders can clearly understand the precautions for bidding. Instructions for bidding include the following contents: project name, user name, bidding quantity, bidding address, bidding deadline, bid bond, bid validity period and matters needing attention in bid evaluation, etc. 3. Q: What are the qualifications of bidders? A: Generally, there are specific requirements for the company's scale, performance and manufacturer's reputation. Manufacturers that do not meet the requirements are deemed to be ineligible to bid. In some bidding projects, the good qualifications of bidders will play an additional role in bid evaluation. 4. Q: What are the requirements in the bidding documents? Answer: It includes the tender instructions, contract terms and technical specifications. The formal tender will require a detailed response to the technical specifications of the tender, as well as some explanations and clarifications on the bidding items. These contents should be read and answered in detail one by one, because the user's demand is fully reflected in the tender, and whether it can really grasp the user's demand is the most direct way. 5. Q: What requirements do users have for bidding? Answer: ◆ Make specific provisions on the composition of bid documents: composition ◆ Preparation of bid documents: format and order ◆ Format of bid quotation: Format of bid quotation ◆ Submission of bid documents: submission format and sealing form ◆ Cost of bid documents: content of cost sharing ◆ Clarification of bid documents: communication form of clarifying content ◆ Bid bond: amount and form 6. Q: What is the description of bid evaluation in the tender? Answer: Basis of bid evaluation: explain the basic principles of bid evaluation; Composition of bid evaluation team: The personnel who make up the bid evaluation team generally include user representatives, representatives of bidding companies and experts. The tenderer makes it clear that the description of the bid-winning conditions is generally a statement 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: explain the key factors that affect the bid evaluation results, such as price, service and quality. In order to answer the tender in detail in these aspects and meet the needs of users. 7. Q: What should the tenderee and the winning bidder pay attention to when awarding the contract? A: How to send the letter of acceptance to the effective signing of the contract? The right to change the contract quantity, the right to refuse to bid and the right to increase the choice of orders. 8. Q: What aspects should we pay attention to in the contents of the contract terms? Answer: delivery time, payment method, delivery warranty technical support, transportation and acceptance service 9. Q: What is a bid bond and how to operate it? Answer: Purpose: In order to ensure the effectiveness of bidding, the tenderee collects the credit bond of all bidders when bidding, and at the same time prevents the bidding form from being cancelled unilaterally after bidding: cash check or bid bond guarantee issued by the bank: 2% of the total bid price is submitted: it is issued at the same time when bidding, otherwise it will be considered invalid. Q: What are the general requirements for bid sealing? Answer: The bid quotation and bid bond should be sealed separately, and the sealed place should be stamped with an effective seal; The original and copy of the tender should be sealed separately, and the sealing strip in the tender should indicate the project name, bidder and other contents respectively. 1 1. What are the time control points for bidding a project? How to master? Answer: ◆ Time for issuing/selling tenders: You can purchase tenders from the official notice of users to the deadline of bidding, and only companies that have purchased tenders are eligible to participate in bidding. Tender deadline: Submit the tender before the specified time, and those who are late will be rejected. This is the basic rule of the bidding game, and the deadline for formal bidding projects is very serious. ◆ Time for bid opening: The time for public bidding mentioned in the tender is usually officially closed ... >>
What are the bidding methods?
According to Article 10 of the Bidding Law, bidding can be divided into open bidding and invitation bidding. Open tender means that the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement. Invitation to bid means that a tenderer invites a specific legal person or other organization to bid in the form of an invitation to bid. (1) Bidding Method 1) Open bidding, that is, the tenderee publishes the tender announcement in the designated newspapers, electronic networks and other media according to legal procedures, and exposes the requirements of the bidding project to the public, attracting many potential bidders to participate in bidding competition. The tenderer shall select the winning bidder from among them according to the procedures and methods specified in advance. 2) Invitation to bid, that is, the tenderer selects a certain number of legal persons or other organizations (not less than three) through market research and according to the credit and performance of contractors or suppliers, and sends them invitations to bid, inviting them to participate in bidding competition. The bidding method by which the tenderer selects the winning bidder according to the procedures and methods specified in advance. (II) Conditions and examination and approval provisions for inviting tenders According to Article 1 1 of the Law on Tendering and Bidding, if the national key projects determined by 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 may invite tenders with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. This provision shows that all key projects should be invited by public bidding, and if it is not suitable for public bidding, invited bidding can also be used after approval. 1) Bidding conditions. According to Article 8 of the Regulations for the Implementation of the Bidding Law, projects that must be subject to tender according to law with state-owned funds as the holding or leading position shall be subject to public bidding; However, in any of the following circumstances, bidding can be invited: ① There are only a few potential bidders to choose from because of technical complexity, special requirements or natural environment restrictions; (2) The cost of public bidding accounts for a large proportion of the project contract amount. 2) Examination and approval of bidding. ① Engineering construction projects. According to Article 1 1 of the Bidding Law, the national key projects determined by the State Council Development and Reform Commission shall be examined and approved by the National Development and Reform Commission. Inviting tenders for local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. In addition, according to the provisions of Article 7 of the Regulations on the Implementation of the Bidding Law, projects that need to go through the formalities of project examination and approval in accordance with relevant state regulations shall be submitted to the project examination and approval department for examination and approval by inviting tenders. The project examination and approval department shall promptly notify the relevant administrative supervision departments; Article 8 of the Regulations on the Implementation of the Bidding Law stipulates that whether a project subject to tender according to law, in which state-owned funds are in the controlling or leading position, meets the above two conditions for inviting tenders shall be determined by the project examination and approval department when examining and approving the project; Whether other projects meet the second condition of bidding, that is, the determination that the cost of public bidding accounts for a large proportion of the project contract amount, the tenderer shall apply to the relevant administrative supervision department. ② International bidding project for mechanical and electrical products. According to the Measures for the Implementation of International Bidding for Mechanical and Electrical Products, projects that adopt the invitation bidding method shall be filed with the Ministry of Commerce. (3) * * * procurement projects.
What are the bidding methods for construction projects?
open tendering
According to the Standard Provisions on Bidding Scope and Scale of Engineering Construction Projects (Order No.3 of the State Development Planning Commission):
"Article 7 All kinds of engineering construction projects within the scope specified in Articles 2 to 6 of these Provisions, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender if they meet one of the following standards:
(a) the estimated price of a single construction contract is more than 2 million yuan;
(two) the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 6,543,800 yuan;
(three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 500,000 yuan;
(four) the estimate of a single contract is lower than the standards stipulated in items (1), (2) and (3), but the total investment of the project is more than 30 million yuan.
Article 8 Where a survey and design of a construction project uses a specific patent or proprietary technology, or has special requirements for architectural artistic modeling, it may not be subject to tender with the approval of the competent department of the project. "
Does not belong to the above-mentioned compulsory bidding scope, or belongs to the scope that does not need bidding, and does not need bidding.
2. According to the Measures for Tendering and Bidding of Construction Projects (Order No.30 of the State Development Planning Commission, Ministry of Construction, Ministry of Railways, Ministry of Communications, Ministry of Information Industry, Ministry of Water Resources and Civil Aviation Administration), "Article 11 National key construction projects determined by the development planning department of the State Council and local key construction projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and engineering construction projects in which all state-owned funds are used for investment or in which state-owned funds occupy a controlling or leading position. In any of the following circumstances, bidding may be conducted upon approval:
(a) the project technology is complex or has special requirements, and only a few potential bidders can choose;
(2) Limited by the natural geographical environment;
(three) involving national security, state secrets or disaster relief, which is suitable for bidding but not suitable for public bidding;
(four) compared with the project value, the cost of the proposed public bidding is not worth it;
(five) the provisions of laws and regulations are not suitable for public bidding.
Invitation to bid for national key construction projects must be approved by the development planning department of the State Council; Invitation to bid for local key construction projects must be approved by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government.
Bidding for construction projects that are all invested with state-owned funds or in which state-owned funds occupy a controlling or leading position shall be examined and approved by the project examination and approval department, but if the project examination and approval department only examines and approves projects, it shall be examined and approved by the relevant administrative supervision department. "
Those who meet the above conditions may invite public bidding instead of public bidding.