What conditions should a bidding agency meet?

According to Article 13 of the Bidding Law:

Bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services. A procuratorial agency shall meet the following conditions:

(1) Having a business place and corresponding funds for engaging in the bidding agency business;

(two) have the corresponding professional strength to prepare bidding documents and organize bid evaluation.

To put it bluntly, the establishment of a bidding agency requires office space and registered capital. At the same time, the company should have professional technicians, including experienced employees of bidding agencies and experts in the bidding field, and it is best to have qualification certificates and other supporting documents.

B: The contractor must bid. What do you mean by "invalid bid"?

The rejected bids in the project bidding are now collectively referred to as invalid bids. According to the Regulations on the Implementation of the Bidding Law, rejecting a bid includes two situations: one is rejecting its bid, that is, in the process of bid evaluation, if the bid documents do not meet the statutory requirements or the substantive requirements of the bidding documents, the bid evaluation committee may decide to reject individual bid documents, that is, the rejected bids stipulated by other relevant departments. Second, in the process of bid evaluation, if there is an obvious lack of competition in bidding due to insufficient effective bidding, the bid evaluation committee may reject all bids according to law. If there are less than three bidders or all bids are rejected, the tenderer shall re-invite bids according to law.

According to Article 5 1 of the Regulations for the Implementation of the Bidding Law, in any of the following circumstances, the bid shall be rejected:

1) The bidding documents are not stamped by the tendering unit and signed by the person in charge of the unit;

2) The bidding consortium failed to submit the same bidding agreement;

3) The bidder does not meet the qualifications stipulated by the state or the bidding documents;

4) The same bidder submits two or more different bid documents or bid quotations, except that the tender documents require alternative bids;

5) The bid price is lower than the cost or higher than the maximum bid price limit stipulated in the tender documents;

6) The bid documents did not respond to the substantive requirements and conditions of the bidding documents;

7) Bidders commit illegal acts such as collusion in bidding, fraud and bribery.

Several problems should be paid attention to in rejecting bids: First, unless there are special provisions in the law, rejecting its bids is a decision made by the bid evaluation committee according to law. The tenderer or tendering agency and other relevant subjects have no right to refuse to bid. Secondly, rejecting its bid should meet the statutory conditions. The bid evaluation committee shall not reject its bid at will, but only review the bid and decide whether to reject it according to the legal provisions and the explicit requirements of the bidding documents. Three, the rejected person will no longer participate in the detailed review of the tender documents. The rules and regulations of the relevant departments stipulate the specific conditions and conditions for refusing their bids or nullifying their bids.

(1) The circumstances specified in the Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods

1) In the process of bid evaluation, if the bid evaluation committee finds that a bidder bids in the name of others, colludes in bidding, wins the bid by bribery or bids by other fraudulent means, the bidder's bid is invalid.

2) In the process of bid evaluation, if the bid evaluation committee finds that the bidder's quotation is obviously lower than other bidding quotations or when setting the pre-tender estimate, its bidding quotation may be lower than its single cost, it shall require the bidder to make a written explanation and provide relevant certification materials. If a bidder cannot reasonably explain or provide relevant certification materials, the bid evaluation committee shall determine that the bidder bids at a price lower than the cost, and its bid is invalid.

3) If the qualifications of bidders do not meet the requirements of relevant state regulations and bidding documents, or refuse to clarify, explain or correct the bidding documents as required, the bid evaluation committee may reject their bids.

4) A bid that fails to substantially respond to the requirements of the tender documents will be invalidated. In case of any of the following circumstances, the tender document is a major deviation that fails to make a substantive response to the tender document:

① Failing to provide bid security according to the requirements of the tender documents or the bid security provided is defective;

(2) The bid documents are not signed and sealed by the authorized representative of the bidder;

(3) The completion period of the project subject to tender specified in the tender documents exceeds the time limit specified in the tender documents;

(4) obviously does not meet the requirements of technical specifications and standards;

⑤ The packaging methods, inspection standards and methods of goods specified in the tender documents do not meet the requirements of the tender documents;

⑥ The tender documents are accompanied by conditions unacceptable to the tenderee;

All landowners do not meet other substantive requirements specified in the tender documents.

(2) The circumstances specified in the Measures for Bidding and Bidding of Survey and Design of Engineering Construction Projects.

1) In any of the following circumstances, the bid documents shall be invalidated or rejected:

(1) is not stamped with the official seal of the bidder, nor is it signed by the legal representative or its authorized representative;

(2) The bid quotation does not meet the national survey and design fee standards, or is lower than the cost of vicious competition;

③ Not responding to the substantive requirements and conditions of the tender documents;

(4) Bid in the form of a consortium and fail to submit the * * * agreement with the tenderer.

2) In any of the following circumstances, the bidder's bid will be invalid or rejected:

(a) failing to provide a bid bond in accordance with the requirements of the tender documents;

(two) colluding with other bidders or colluding with the tenderer;

(3) Bidding in the name of others, or practicing fraud in other ways;

(four) bribing the tenderer or members of the bid evaluation committee to win the bid;

⑤ The composition of the consortium changes after the prequalification, and it includes legal persons or other organizations that have not passed the prequalification or failed the prequalification;

6. There are substantial differences in the name and organizational structure between the bidders indicated in the tender documents and the applicants who have passed the pre-qualification.

(3) The circumstances specified in the Measures for the Administration of Tendering and Bidding for Construction Engineering Design.

1) signed by a registered architect without corresponding qualification;

2) No official seal of the bidder;

3) The employer of registered architect is inconsistent with the bidder.

(4) The circumstances specified in the Measures for Bidding and Tendering of Construction Projects.

1) No unit seal and no legal representative or agent authorized by the legal representative to sign or seal;

2) Not filled in according to the prescribed format, with incomplete contents or illegible key handwriting;

3) The bidder submits two or more bidding documents with different contents, or there are two or more quotations for the same project subject to tender in one bidding document, and no statement is made as to which one is valid, except that alternative bidding schemes are submitted in accordance with the provisions of the bidding documents;

4) The name or organizational structure of the bidder is inconsistent with that of the prequalification;

(5) Failing to submit a bid bond as required in the tender documents;

6) The bidding of the consortium is not accompanied by the bidding agreement of the parties to the consortium.

(5) The circumstances specified in the Measures for Bidding of Construction Goods.

1) In any of the following circumstances, the bid evaluation committee will reject its bid after preliminary examination:

(1) No corporate seal, no signature or seal of the legal representative or the agent authorized by the legal representative;

② No power of attorney issued by the legal representative;

(three) not according to the prescribed format, the content is incomplete or the key handwriting is vague and illegible;

(4) The bidder submits two or more bidding documents with different contents, or there are two or more quotations for the same bidding goods in one bidding document, and it is not stated which one is the final quotation, except that alternative bidding schemes are submitted in accordance with the provisions of the bidding documents;

⑤ The name or organizational structure of the bidder is inconsistent with that of the prequalification and fails to provide valid proof;

6. The bid validity period does not meet the requirements of the tender documents;

⑦ Failing to submit the bid bond as required in the tender documents;

(8) The bid of the consortium is not accompanied by the bidding agreement of the parties to the consortium;

Pet-name ruby tender documents clearly stipulates that other circumstances can be abolished.

2) If the tender documents do not respond to the substantive requirements and conditions of the tender documents, the bid evaluation committee will declare their bids invalid, and the bidder shall not make them responsive by correcting or withdrawing the discrepancies or reservations that do not meet the requirements.

(6) The situation stipulated in the Implementation Measures for International Bidding of Mechanical and Electrical Products and the Relevant Provisions on Further Standardizing International Bidding of Mechanical and Electrical Products.

1) In the process of commercial bid evaluation, under any of the following circumstances, the bid will be rejected and no technical bid evaluation will be conducted:

(1) The bidder fails to submit the bid bond or the amount of the bond is insufficient, the validity period of the bond is insufficient, the form of the bid bond or the bank that issued the bid bond does not meet the requirements of the tender documents;

(2) the bid documents are not signed page by page as required;

(3) The bidder and its manufacturer have interests with the tenderer and the tendering agency;

(4) The bidder's tender and qualification certificate are not provided or do not meet the requirements of the tender documents;

⑤ The bid documents are not signed by the legal representative, or the signatory has no valid power of attorney from the legal representative;

6. The bidder's performance does not meet the requirements of the tender documents;

⑦ The bid is not effective enough;

(8) The bidding documents are inconsistent with other commercial terms of invalid bidding specified in the bidding documents. Except as otherwise provided in these Measures, the documents listed in the preceding paragraph shall be provided in originals, and shall not be clarified or supplemented after the bid opening, otherwise the bid will be invalid.

2) In the process of technical bid evaluation, in any of the following circumstances, its bid will be rejected:

(1) The bidding documents do not meet the main parameter requirements marked with an asterisk ("*") in the technical specifications of the bidding documents or the main parameters marked with an asterisk ("*") are not supported by technical data;

(2) The general parameters in the technical specifications of the bidding documents exceed the maximum allowable deviation range or the maximum number of items;

(3) The response in the technical specifications of the bidding documents is inconsistent with the facts or false bidding;

(4) The bidder copies the technical specifications of the bidding documents as part of its bidding documents.

3) For the project that must be prequalified according to regulations, the prequalified bidder cannot be rejected as unqualified in the post-qualification review, but the bidder's qualification has changed substantially during the bidding period, except that it can no longer meet the original qualification requirements. For projects that do not need pre-qualification, bidders who have passed the compliance inspection and commercial bid evaluation cannot be disqualified from commercial bidding, except those whose qualifications have changed substantially during the bidding period and no longer meet the original qualification requirements.

4) Bidders with alternative schemes will be rejected if they fail to indicate the main scheme as required.

(seven) the circumstances stipulated in the Measures for the Administration of Bidding for Goods and Services Procurement.

In the qualification and compliance inspection, the bidding documents in any of the following circumstances will be regarded as invalid bidding:

1) failed to pay the bid bond;

2) Failing to seal, sign or seal according to the requirements of the tender documents;

3) Does not meet the qualification requirements specified in the tender documents;

4) Other substantive requirements stipulated by laws, regulations and bidding documents are not met.

Exception: * * * The Procurement Law calls rejecting all bids "invalid bids".

* * * Article 36 of the Procurement Law stipulates that bidding shall be cancelled under any of the following circumstances:

1) There are less than three suppliers who meet the professional requirements or make substantive responses to the bidding documents;

2) There are illegal acts that affect the procurement justice;

3) The bidders' quotations all exceed the procurement budget, and the purchaser cannot pay;

4) The procurement task is cancelled due to major changes. After the bid is cancelled, the buyer shall inform all bidders of the reasons for cancellation.

C. If the sealing conditions do not meet the requirements during bid opening, will the bid be rejected?

According to the "Measures for the Implementation of Tendering and Bidding", "Article 36 The bid documents submitted by applicants who have not passed the prequalification, as well as the bid documents that have been delivered late or not sealed according to the requirements of the bidding documents, shall be rejected by the tenderer."

According to the above regulations, the sealing conditions of the bidding documents do not meet the requirements and will be rejected.

References:

China Public Bidding Service Platform "Bidding and Purchasing Lecture Hall" and "Policies and Regulations"

D. Before the bid opening, the bidder is blacklisted as "Credit China": the bidder knowingly commits a crime, is ineligible to bid or is rejected.

First, there are two requirements for qualification, which all bidders must meet. The first requirement is stipulated by the state, and the second requirement is stipulated in the tender documents. Any bidder must meet the qualifications stipulated by the state and the qualifications stipulated in the tender documents at the same time. This means that the tender documents do not have the required qualifications, but if the country does, the bidder cannot raise a defense or non-conformity on the grounds that the tender documents are not provided. The relevant legal basis is:

(1) Paragraph 1 of Article 18 of the Bidding Law of People's Republic of China (PRC) stipulates: "A tenderer may, according to the needs of a 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. "

(2) Article 26 of the Bidding Law of People's Republic of China (PRC) stipulates: "A bidder shall have the ability to undertake the project subject to tender; If the relevant provisions of the state stipulate the qualifications of bidders or the bidding documents stipulate the qualifications of bidders, the bidders shall have the prescribed qualifications. "

Second, the state has many relevant regulations on being blacklisted by "Credit China" and restricting participation in bidding. Some provisions are as follows:

(1) the Supreme People's Court, National Development and Reform Commission, Ministry of Housing and Urban-Rural Development, Ministry of Water Resources, etc. Jointly issued the Notice on Joint Punishment of Persons Executed in Bidding Activities (Law [2016] No.285);

(a) to limit the bidding activities of the person who is untrustworthy.

For a construction project that must be subject to tender according to law, the tenderee shall clearly stipulate the treatment methods and evaluation criteria for the person who is untrustworthy in the pre-qualification announcement, tender announcement, invitation to bid, pre-qualification documents and tender documents. In the bid evaluation stage, the tenderee or the tendering agency and the bid evaluation expert committee shall ask whether the bidder is the person subject to breach of trust, and restrict the bidding activities belonging to the person subject to breach of trust according to law. "

(2) Paragraph 1 of Article 8 of "Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Dishonesty" stipulates: "The people's court shall inform the relevant departments, financial regulatory agencies, financial institutions, institutions undertaking administrative functions and trade associations of the information of the list of executed persons with dishonesty, so that the relevant units can conduct procurement, bidding, administrative examination and approval, and * * in accordance with laws, regulations and relevant provisions.

(3) Paragraph 1 of Article 17 of the Interim Measures for Credit Management of Construction Market (Jianshi [2017] No.241) issued by the Ministry of Housing and Urban-Rural Development stipulates: "The competent departments of housing and urban-rural construction at all levels should take the construction market entities listed in the" blacklist "of construction market entities and the" blacklist "of wage arrears of migrant workers as the key supervision objects, and focus on market access, qualification management, etc.

Therefore, Company A, the first successful candidate, is wrong. Even if it is not stipulated in the tender documents and stipulated by the state, Company A, as the first successful candidate, should still abide by the qualifications stipulated by the state.

However, in this case, the economic development zone construction and development company of the tenderer and an engineering consulting limited liability company entrusted by the tendering agency are also at fault. They did not stipulate in the tender documents and tender announcements that enterprises blacklisted by "Credit China" were not eligible to bid, nor did they inquire whether bidders were blacklisted by "Credit China". This behavior violates the About jointly issued by the Supreme People's Court, the National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development and the Ministry of Water Resources.

E. What are the financing channels and methods for enterprises?

The traditional way for entrepreneurs to invest can be divided into endogenous financing and exogenous financing according to the source of funds.

Endogenous financing means that enterprises accumulate funds or internal financing through their own operations without bearing the borrowing cost, which is the primary consideration of many start-ups

Exogenous financing is to absorb capital with the help of external forces, which can be roughly divided into debt financing and equity financing.

Debt financing refers to bank loans, but banks and other institutions are affected by policies and their own development, which will lead to insufficient financial support; In addition, banks and other financial institutions discriminate in the process of lending, believing that small and medium-sized enterprises have weak repayment ability and prefer large enterprises.

Equity financing refers to giving up part of equity to achieve the purpose of financing. This financing method does not need to repay the investment funds obtained from investors. Therefore, if the project fails or the startup goes bankrupt, investors will also invest in Shui Piao. If the company goes public, investors will also get huge profits. Therefore, when such institutions invest in projects, they have very high requirements for project founders (founding teams) or startups.

Above, compared with traditional financing channels, enterprises or entrepreneurs look for financing.

We can actively broaden financing channels, adjust and choose online financing platforms to obtain investment, and the platform will sort out massive investor resources, help entrepreneurial users intelligently match investment institutions, provide entrepreneurial services, and quickly improve financing efficiency;

Participate in the entrepreneurial roadshow competition held by the platform, expand network resources, broaden horizons and accumulate practical experience.

F. When is the deadline for the annual report of a general enterprise?

The filing time of the annual report of the enterprise is the first half of each year. The specific time of the first half of each year is from 1 to 1 to June 30th, and the annual report can be revised and declared.

The filing rule of each annual report of an enterprise is to file the annual report of the previous year in the same year, and the filing method is to file it in the online annual report system of industrial and commercial enterprises. The annual report of the enterprise needs to be filled in the online filing system, and can be submitted after being filled in according to the prompts.

The relevant person in charge of the State Administration for Industry and Commerce said that the industrial and commercial departments should order enterprises that fail to fulfill their publicity obligations in time within 10 days. If it is not publicized, the industrial and commercial department will include it in the business exception list and publicize it.

(6) Reject the bidding conditions. Extended reading:

For enterprises that fail to fulfill their obligations of annual report and publicity, the industrial and commercial departments shall list them in the list of business anomalies and publicize them within 10 working days from the date when the annual report of the current year is publicized.

If the enterprise in the abnormal list fails to fulfill the obligation of publicity for three years, the State Administration for Industry and Commerce or the provincial industrial and commercial department will include it in the list of serious illegal enterprises and publicize it to the public.

If an enterprise fails to publish its annual report within five years from the date of being included in the list of seriously illegal enterprises, the State Administration for Industry and Commerce or the provincial industrial and commercial department shall remove it from the list of seriously illegal enterprises.

The Beijing Youth Daily reporter learned that the "list of serious illegal enterprises" is similar to a "blacklist", which will affect the credit rating of enterprises in * * * procurement, project bidding, transfer of state-owned land, and awarding honorary titles.

Enterprises listed in the list of enterprises with abnormal operation or serious illegal activities may be restricted or banned. The legal representative and person in charge of an enterprise listed in the list of seriously illegal enterprises shall not serve as the legal representative and person in charge of other enterprises within 3 years.

G. What is the difference between the maximum bid price limit and the pre-tender estimate?

1, the maximum price is the stop price after the list pricing is implemented, and the tender offer cannot be higher than the maximum price. If it is higher than the maximum price limit, it shall be regarded as a bid.

2. The pre-tender estimate is the bid control price when the quota is valued, and the bid quotation can be higher or lower than the pre-tender estimate within the scope specified in the tender documents;

3. The tender control price is the highest price limit, that is, the tender offer cannot exceed the tender control price, otherwise the tender is invalid.

4. In the previous bidding, the pre-tender price was used, and generally whoever was closest to the pre-tender price won the bid, regardless of whether it was high or low. At present, there is basically no need for pre-tender price, and the price is controlled through bidding by using the list quotation method.

H. Is there a well-known trademark in China that can be used as a clause to reject bidders when bidding?

In the tender documents, it is a discriminatory clause if the existence of well-known trademarks in China is used as a condition for rejecting bidders, which can be questioned.

Generally speaking, this condition can be used as a bonus condition.

20 17.02.08