What are the rights and obligations of the tenderer and the bidder?

Rights:

1. Collect bidding agency fees in accordance with regulations.

2. Pre-qualification of potential bidders shall be carried out in accordance with regulations or the requirements of the bidding project itself; Article 18 The tenderer may, in accordance with the requirements of the bidding project itself, require potential bidders in the bidding announcement or bidding invitation letter Bidders shall provide relevant qualification certification documents and performance information, and conduct qualification reviews of potential bidders; if the state has regulations on the qualifications of bidders, such regulations shall prevail.

3. Make necessary clarifications or modifications to the bidding documents within the specified time; Article 23 If the tenderer makes necessary clarifications or modifications to the bidding documents that have been issued, it shall submit the bid as required in the bidding documents. All recipients of bidding documents shall be notified in writing at least fifteen days before the document deadline. The clarification or modification shall be an integral part of the bidding documents.

4. Reject bid documents in accordance with regulations; Article 28 The bidder shall deliver the bid documents to the bidding location before the deadline for submission of bid documents required in the bidding documents. After receiving the bidding documents, the tenderer shall sign and save them and shall not open them. If there are less than three bidders, the tenderer shall re-invite bids in accordance with this Law. The tenderer shall reject bid documents that are delivered after the deadline required by the bidding documents for submission of bid documents.

5. Can host the bid opening on behalf of the tenderer.

Obligations:

1. Safeguard the legitimate rights and interests of the tenderer and bidders. Article 18 The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, nor shall it impose discriminatory treatment on potential bidders.

2. Organize the preparation and interpretation of bidding documents.

3. The tenderer shall determine the reasonable time required by the bidder to prepare the bidding documents; however, for projects that require bidding according to law, the period from the date when the bidding documents are issued to the deadline for the bidder to submit the bidding documents The minimum period shall not be less than 20 days.

4. All bid documents received before the deadline for submission of bid documents required by the bidding documents shall be opened and read out in public during the bid opening.

5. Necessary measures should be taken to ensure that the bid evaluation is conducted in strict confidentiality.

6. Receive guidance and supervision from the national bidding management agency and relevant industry organizations. 1. The tenderer has the right to select a tendering agency and entrust it to handle tendering matters. If the tenderer has the ability to prepare bidding documents and organize bid evaluation, it may handle bidding matters on its own.

2. Freely select a bidding agency and verify its qualifications.

3. The tenderer may, in accordance with the requirements of the bidding project itself, require potential bidders to promote relevant qualification certification documents and performance information in the bidding announcement or bidding invitation, and conduct pre-qualification review of potential bidders; If the state has regulations on bidder qualifications, those regulations shall prevail.

4. At least fifteen days before the deadline for submission of bid documents required by the bidding documents, the tenderer may make necessary clarifications or modifications to the issued bidding documents in writing. The clarification or modification shall be an integral part of the bidding documents.

5. The tenderer has the right and should refuse to accept bid documents that are delivered after the deadline for submission required in the bidding documents.

6. The bid opening will be hosted by the tenderer.

7. The tenderer determines the winning bidder based on the written evaluation report submitted by the bid evaluation committee and the recommended winning candidates. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder. 1. When the tenderer entrusts a tendering agency, it shall provide it with the relevant information required for tendering and pay the entrustment fee.

2. The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not impose discriminatory treatment on potential bidders.

3. The bidding documents shall not require or indicate specific production suppliers or other contents that tend to favor or exclude potential bidders.

4. The tenderer shall not disclose to others the names and numbers of potential bidders who have obtained the bidding documents, as well as other information about the bidding that may affect fair competition. If the tenderer sets a minimum bid, the minimum bid must be kept confidential.

5. The tenderer shall determine the reasonable time required for bidders to prepare bidding documents; however, for projects that require bidding according to law, from the date when the bidding documents are issued to the deadline for submission of bidding documents, The minimum period shall not be less than twenty days.

6. All bidding documents received by the tenderer before the deadline for submission of bid documents required by the bidding documents shall be opened and read out in public during the bid opening.

7. The tenderer shall take necessary measures to ensure that the bid evaluation is conducted in strict confidentiality.

8. After the winning bidder is determined, the tenderer shall issue a bid winning notice to the winning bidder and at the same time notify all unsuccessful bidders of the winning bid results.

9. The tenderer and the winning bidder shall conclude a written contract in accordance with the bidding documents and the winning bidder's bidding documents within thirty days from the date of issuance of the bid winning notice. The relationship between the tenderer and the bidder

1. Definition

"Tendering Law of the People's Republic of China"

Article 8: The tenderer is Legal persons or other organizations that propose projects for bidding and conduct bidding in accordance with the provisions of this Law.

Article 25: The bidder is a legal person or other organization that responds to the bidding and participates in the bidding competition.

2. Differences in corresponding relationships

1. The tenderer is the purchaser and the bidder is the seller; only when both parties adopt the transaction method of tendering, it can be called tendering A person or a bidder.

2. A bidder refers to a company that announces its need for certain goods or engineering services through certain channels and in the form of a bidding announcement. It understands this need and is willing to act accordingly. At the request of the tenderer, the company that provides the corresponding goods or engineering services shall be the bidder.

3. The tenderer refers to the person who sells the bidding documents, and the bidder refers to the person who submitted the documents. The bidder is not a real bidder before submitting the bidding documents. Before submitting the bidding documents, he is called a bidder. , after the bidder submits the bidding documents, the two become a bidding relationship.

3. Differences in legal relationships

From the perspective of contract law, the tenderer is the person who issues the invitation to tender, and the bidder is the person who responds to the invitation, submits the bidding documents, and issues the offer. After the tenderer goes through the bid evaluation and bid determination procedures, he issues a notice of winning the bid and becomes the person who issued the commitment. Finally, when the contract is signed, the tenderer becomes the contractor, and the winning bidder among the bidders becomes the contractor. Here, The two have become a contracting relationship. No matter what the relationship is, from a legal perspective, the tenderer and the bidder are equal. What are the circumstances under which the tenderer and the bidder collude in bidding?

According to the relevant regulations of the State Council, bidders are prohibited from colluding in bidding with each other.

"Regulations on the Implementation of the Tendering and Bidding Law"

Article 39 If any of the following circumstances occurs, the bidders are colluding with each other in bidding:

(1) Bidding Negotiate the substantive content of the bidding documents such as bid quotations among the bidders;

(2) Agreement between the bidders on the winning bidder;

(3) Agreement between the bidders on some of the bidders Give up the bid or win the bid;

(4) Bidders who are members of the same group, association, chamber of commerce and other organizations bid collaboratively in accordance with the requirements of the organization;

(5) The bidders are Other joint actions taken to win a bid or exclude a specific bidder.

Article 40 If any of the following circumstances occurs, the bidders will be deemed to have colluded with each other in bidding:

(1) The bidding documents of different bidders are prepared by the same unit or individual;

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(2) Different bidders entrust the same unit or individual to handle bidding matters;

(3) The project management members stated in the bidding documents of different bidders are the same person;

(4) The bidding documents of different bidders are unusually consistent or the bid quotations are regularly different;

(5) The bidding documents of different bidders are mixed with each other;

( 6) The bid deposits of different bidders are transferred from the accounts of the same unit or individual. What are the rights and obligations of a trademark registrant?

1. Rights of a trademark registrant

The rights of a trademark registrant mainly refer to the exclusive right to a registered trademark.

my country's "Trademark Law" stipulates: A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant has exclusive rights to the registered trademark and is protected by law. The exclusive rights to trademarks should include:

1. Use Rights: The trademark registrant has the right to use the trademark on the goods and services for which the registered trademark is intended to be used, and to use the trademark in related commercial activities.

2. Right to license: The trademark registrant has the right to license others to use its registered trademark by signing a trademark license contract in accordance with legal provisions.

3. Exclusive rights: The trademark registrant enjoys exclusive rights to its registered trademark, and no other person may use a trademark that is identical or similar to the registered trademark on the same or similar goods or services without authorization.

4. Right of prohibition: The registrant of the high mark has the right to stop others from using the same or similar high mark as their registered trademark on the same or similar goods or services without authorization.

5. Investment rights: Trademark registrants have the right to invest in their registered trademarks as intangible assets in accordance with legal provisions and legal procedures.

6. Right of transfer: Trademark registrants have the right to transfer their registered trademarks to others with or without compensation through legal procedures.

7. Inheritance rights: As intangible property, trademarks can be inherited by their heirs according to the order of property inheritance.

2. Obligations of the trademark registrant

1. The trademark registrant shall be responsible for the quality of the goods or services for which the registered trademark is used. When licensing others to use its registered trademark, the quality of the goods or services on which the licensee uses its registered trademark shall be supervised.

2. Trademark registrants should strictly follow the relevant provisions of trademark laws and use their registered trademarks correctly.

In addition, the following issues should be paid attention to when using trademarks:

1. Registered trademarks should be used strictly in accordance with the approved registered trademark and the approved goods or services on the "Trademark Registration Certificate" .

2. The trademark registrant shall not change the scheme, graphics or combination of the registered trademark on his own initiative; he shall not change the name of the registered trademark on his own initiative. Address or other registration information. 3. If a trademark registrant uses its registered trademark beyond the scope of goods or services approved by the "Trademark Registration Certificate" and indicates the registered mark, it is an illegal act of passing off a registered trademark.

4. The trademark registrant shall not transfer the registered trademark by himself.

5. The trademark registrant has the obligation to use the registered trademark. If a registered trademark ceases to be used for three consecutive years from the date of approval, the trademark may be revoked according to law.

6. If the trademark registrant allows them to use their registered trademark, they must sign a trademark license contract. The licensor shall submit a copy of the contract to the Trademark Office for filing of the trademark license contract within 3 months from the date of signing the license contract.

For trademark infringement, the infringed party may complain to the industrial and commercial administration department or directly file a lawsuit with the People's Court. What are the behaviors of collusion between tenderers and bidders?

Article 41 of the Regulations for the Implementation of the Tendering and Bidding Law stipulates:

It is prohibited for tenderers and bidders to collude in bidding.

If any of the following circumstances occurs, the tenderer and the bidder collude in bidding:

(1) The tenderer opens the bidding documents before the bid opening and leaks relevant information to other bidders ;

(2) The tenderer directly or indirectly leaks information such as the minimum bid and the members of the bid evaluation committee to the bidder;

(3) The tenderer expressly or implies that the bidder lowers or raises the price Bid quotation;

(4) The tenderer instructs the bidder to change or modify the bidding documents;

(5) The tenderer expressly or implicitly provides convenience for a specific bidder to win the bid;

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(6) Other collusive behaviors between the tenderer and the bidder in order to win the bid for a specific bidder

2018.02.18

Rights of administrative supervision agencies for construction project bidding What are the rights and obligations?

Rights

All reported suspected illegal units can be investigated and punished or even opened for investigation

Obligations

Supervise the market Bidding behavior in the process of maintaining fairness and justice

Speaking in plain language

(●—●) What are the rights and obligations of a trademark agent

Trademark Rights of agents:

When a trademark agent engages in trademark agency business, he has the right to consult relevant case materials in accordance with relevant regulations; he has the right to investigate the relevant circumstances of the case with relevant units and individuals. In this regard, relevant units and personnel should provide support.

Obligations of trademark agents:

1. Trademark agents should abide by laws and regulations and conscientiously safeguard the interests of their clients;

2. Trademarks The agent shall keep business secrets for the client and shall not disclose undisclosed agency matters to other institutions or individuals without the consent of the client;

3. The trademark agent shall not disclose the matters entrusted by the client without the consent of the client;

3. Trademark agents shall refuse to accept the commission out of bad faith or if their conduct violates national laws or is fraudulent.

4. Trademark agents are not allowed to collect fees without permission;

5. Trademark agency organizations should accept the business guidance and administrative supervision of the industrial and commercial administration authorities