Common precautions during bidding

2022-05-26 0 By

1. Any bidder having an interest relationship with the tenderee that may affect the fairness of the tender shall not participate in the tender. According to the Provisions of the Bidding Law and Regulations, any legal person, other organization or individual having an interest relationship with the tenderee that may affect the fairness of the tender shall not participate in the tender, otherwise the bid shall be invalid.This provision should cause the attention of the bidder.In the practice of bidding and bidding, there are many situations in which the tenderee’s subordinate units and associated enterprises participate in bidding, which form obvious unfair competition with other bidders. Before making further provisions or explanations on how to define the “interests”, bidders should pay attention to and treat this kind of bidding with caution.2. In order to ensure fair competition among bidders, different units (such as parent company and its holding subsidiary) with holding and management relationship shall not participate in the bidding for the same bidding section.According to the Company Law of China, the controlling shareholder refers to the shareholder whose capital contribution or share holding ratio exceeds 50%, or the shareholder whose capital contribution or share holding ratio is less than 50%, but whose voting right is enough to have a significant impact on the shareholders’ meeting or the shareholders’ general meeting.According to the Regulations on tendering and Bidding Law, the same person in charge of the unit or different units with holding or management relations may not participate in the bidding for the same bidding section or the bidding for the same bidding project without dividing the bidding section.It should be noted that the above bidders can participate in the bidding of different sections of the same bidding project.3. The bid documents that are delivered late or not sealed as required will be rejected. The Law on Tendering and Bidding only stipulates that the bidder shall deliver the bid documents late, and the tenderee shall refuse to accept, but does not stipulate the corresponding legal liability.In practice, some tenderers accept overdue delivery of bidding documents or bidding documents not sealed according to the requirements of bidding documents, damage the interests of other bidders.Therefore, the Regulations on tendering and Bidding Law clearly stipulates that the tenderer shall reject the tender documents submitted by the applicant who has not passed the prequalification, and the tender documents that are delivered late or not sealed as required by the bidding documents.It also stipulates that the tenderer who accepts the bid documents that should be rejected may be fined less than RMB 100,000 yuan and the persons directly responsible for the bid shall be punished according to law.In accordance with the Regulations on Bidding and Tendering Law, if the tenderer accepts the bid of a consortium and prequalifies, the consortium shall be formed before submitting the application documents for prequalification.If a consortium increases, decreases or changes its members after pre-qualification, its bid shall be invalid.Where any party to a consortium bids independently in its own name or participates in any other consortium bid for the same tender project, the relevant bids shall be invalid.If the bidder forms a consortium to bid, special attention shall be paid to it.5, such as transfer bid bond from the same account, will be deemed to be submit tenders in collusion with the tendering regulations stipulated in article 40 in the following six as one of the circumstances of the bidders to submit tenders in collusion with each other, as bidders submit tenders in collusion with each other: (a) different bidders bid documents compiled by the same unit or individual;(2) different bidders entrust the same unit or individual to handle the bidding matters;(3) The project management members specified in the bidding documents of different bidders are the same persons;(4) The bidding documents of different bidders are abnormally consistent or the bidding prices differ regularly;(5) the bid documents of different bidders shall be mixed with each other;(6) The bid security of different bidders shall be transferred from the account of the same unit or individual.Bidders should pay attention to avoid the above situation, to prevent being identified as collusion bidding.It should be noted that the “account” of the same unit as stipulated in item 6 of this article not only refers to basic deposit account, but also includes general deposit account, temporary deposit account, etc.Regulations cited: Regulations on the Implementation of the Bidding And Tendering Law source: China Bidding Public Service Platform