A bidding agency can only be a bidding agency. If they don't want to build their own projects, they can't be construction units and tenderers.
The difference between bidding agency and consulting company A bidding agency refers to an intermediary agency entrusted by the tenderer to engage in bidding organization activities. Consulting institutions are commercial companies that serve enterprises and entrepreneurs, engage in soft science research and development, use specialized knowledge and experience, and provide specific services with mental work.
Seeking the working rules of the tendering agency of the tendering company; Draft supporting rules of People's Republic of China (PRC) tendering and bidding law.
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Draft supporting rules of People's Republic of China (PRC) tendering and bidding law
Article source: logistics Xia Tian was added by 56885, and the adding time was: 2006-11911:25: 00.
Chapter I Purpose and Establishment of the Bid Evaluation Committee
Article 1 In order to make the bidding process systematic, fair and effective, promote the improvement of fairness and moral standards, enhance public confidence in the bidding process, and protect the legitimate rights and interests of all participants in the bidding activities, these Provisions are formulated in accordance with the Bidding Law of People's Republic of China (PRC).
Article 2 These Provisions are formulated in view of the fact that the Bidding Law is the basic law guiding the daily bidding work and providing specific rules for bid evaluation. In case of any conflict or inconsistency between the provisions of the Bidding Law and these Provisions, the provisions of the Bidding Law shall prevail.
Article 3 These Provisions shall apply to the bid evaluation of public bidding and selective bidding, but these Provisions shall not apply to the procurement whose estimated procurement amount is lower than the bidding limit announced by the State Council, and the procurement exempted from bidding with the approval of relevant administrative supervision departments.
Article 4 The bid evaluation of each bid shall be undertaken by a specially established bid evaluation committee. Bidders have the responsibility to establish such a bid evaluation committee, arrange for the services of committee members, provide all necessary facilities for them to perform their duties, and pay any required funds.
Article 5 The bid evaluation committee shall be established as early as possible in the bidding process, preferably at the beginning of bidding, but in any case it shall be established before the bid opening, so that members of the committee can be familiar with the nature of bidding and do some basic work for completing the bid evaluation task. When it is necessary to prequalify bidders, the tenderee should consider the appropriateness of setting up a committee before inviting prequalification, so that the committee can assist the prequalification.
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What is a construction bidding agency? There are provisions in the Bidding Law:
Thirteenth 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;
(3) It has a pool of technical and economic experts who can be candidates for the bid evaluation committee in accordance with the provisions of the third paragraph of Article 37 of this Law.
Article 14 The qualification of a bidding agency engaged in the bidding agency business of engineering construction projects shall be determined by the construction administrative department of the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government. The specific measures shall be formulated by the construction administrative department of the State Council in conjunction with the relevant departments of the State Council. The qualification of bidding agencies engaged in other bidding agency business shall be determined by the competent department stipulated by the State Council.
There shall be no subordinate relationship or other interest relationship between the bidding agency and the administrative organ or other state organs.
Article 15 A bidding agency shall handle the bidding matters within the scope entrusted by the tenderer and abide by the provisions of this Law on tenderers.
Use 1 to register a tendering agency, and the procedures for registering a tendering company are basically the same as those for registering other companies. The key is to obtain the qualification of bidding business and bidding agent, which requires the accumulation of personal connections and, more importantly, sufficient business strength.
2, many supervision, trade, design units are also engaged in bidding agency business.
3. Bidding qualification needs approval. At present, the qualifications of domestic bidding agencies mainly include: central investment project bidding agency, procurement bidding agency, international bidding agency for mechanical and electrical products, and bidding agency for engineering construction projects, which are divided into 2~3 levels. Its bidding agency qualification is awarded by the National Development and Reform Commission, the Ministry of Finance, the Ministry of Commerce and the Ministry of Construction.
Notice on Printing and Distributing the Implementation Opinions on the Measures for Qualification Identification of Bidding Agencies for Construction Projects (Jianshi [2007] No.230), the Construction Departments of all provinces and autonomous regions, the Construction Committees of municipalities directly under the Central Government, the Construction Bureau of Xinjiang Production and Construction Corps, the Construction Department (Bureau) of relevant departments in the State Council, the Engineering Management Bureau of the Barracks Department of the General Logistics Department, and relevant enterprises managed by the State-owned Assets Supervision and Administration Commission (SAAC): According to the Measures for Qualification Identification of Bidding Agencies for Construction Projects (SAAC), Please follow them. If there is any problem in the implementation, please contact the construction market management department of our department. Attachment: Implementation Opinions on Qualification Identification of Construction Project Bidding Agency. On September 21st, 2007, the Ministry of Construction of People's Republic of China (PRC) formulated this implementation opinion according to the Bidding Law, Qualification Identification Method of Construction Project Bidding Agency (Ministry of Construction DecreeNo. 154, hereinafter referred to as the Identification Method) and other laws and regulations to standardize the management of qualification identification of construction project bidding agency. I. Contents of application materials (1) The following materials shall be provided for the initial application for the qualification of project bidding agency: 1, Application Form for the Qualification of Project Bidding Agency (hereinafter referred to as the "Application Form") and electronic documents; 2. The original and photocopy of the business license of the enterprise as a legal person; 3. A copy of the Articles of Association; 4. Copy of capital verification report (including all attachments); 5, the main office equipment list, office certification materials (own * * * proof copy; Provide the lessor's title certificate and a copy of the lease contract or agreement); 6. A copy of the ID card, employment documents, resume, senior title certificate, engineering construction registration qualification certificate, project management experience certificate, social insurance payment certificate and personnel file management agency certificate of the technical and economic person in charge; 7. A copy of the ID card, registered qualification certificate (including change record and renewal record), social insurance payment certificate, certificate of personnel file management institution and certificate of project management experience of the registered construction engineer; 8. A copy of the ID card, professional title certificate, social insurance payment certificate, personnel file management agency certificate and experience certificate of engaging in project bidding agency of full-time personnel with intermediate or above titles in engineering construction specialty; 9, the project bidding agency internal management rules and regulations; 10, member list of bid evaluation expert database. (2) To apply for upgrading the qualification of the project bidding agency, in addition to the materials listed in Item (1) of this Implementation Opinion, the following materials shall be provided: 1, the original and photocopy of the qualification certificate of the original project bidding agency (including change records); 2. The valid performance certificate of the project bidding agency, including the entrustment contract of the project bidding agency, the bid-winning notice and the bid evaluation opinions of the tenderer (the bid-winning notice or the bid evaluation opinions shall have a copy sealed by the competent department for the record); 3 copies of the audited financial report of the enterprise in the previous year (including balance sheet, income statement and statement description). (3) To apply for renewal of the qualification of a project bidding agency, the following materials shall be provided: 1, Application Form for Qualification of a Project Bidding Agency (hereinafter referred to as the application form) and electronic documents; 2. The original and photocopy of the business license of the enterprise as a legal person; 3, the construction project bidding agency qualification certificate and a copy of the original (including change records); 4. A copy of the ID card, employment documents, resume, senior title certificate, engineering construction registration qualification certificate, project management experience certificate, social insurance payment certificate and personnel file management agency certificate of the technical and economic person in charge; 5. A copy of the ID card, registered qualification certificate (including change record and renewal record), social insurance payment certificate, certificate of personnel file management institution and certificate of project management experience of the registered construction engineer; 6. A copy of the ID card, professional title certificate, social insurance payment certificate, personnel file management agency certificate and experience certificate of engaging in project bidding agency of full-time personnel with intermediate or above titles in engineering construction specialty; 7. Proof of the effective performance of the project bidding agent, including: copies of the entrustment contract of the project bidding agent, the bid-winning notice and the bid evaluation opinions of the tenderer (the bid-winning notice or the bid evaluation opinions should have the record seal of the competent department); 8. Information document on market integrity behavior provided by the competent construction department to confirm the qualification of the tendering agency of this project within the validity period. (4) The Ministry of Construction is responsible for the application of the tendering agency for Grade A projects to change the enterprise name in the qualification certificate. The institution shall apply to the competent department of construction in the province, autonomous region or municipality directly under the Central Government where industrial and commercial registration is located, and submit the following materials: 1, the audit form for the change of qualification certificate of construction engineering enterprises; 2. A copy of the business license of the enterprise as a legal person; 3. Original and photocopy of qualification certificate; 4. Resolutions or documents of the shareholders' meeting or the board of directors on changes. The procedures for changing the qualification certificate other than the above provisions shall be handled by the competent construction departments of provinces, autonomous regions and municipalities directly under the Central Government, and the specific procedures shall be determined by the competent construction departments of provinces, autonomous regions and municipalities directly under the Central Government according to law. If the number of the qualification certificate of the tendering agency for Grade A projects changes, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall check the original post >; & gt
Satisfied, please adopt.
Can a bidding agency join in? A-level institutions can bid as agents without geographical restrictions. Generally speaking, they can file with the provincial construction authorities. If the local authorities require that every project should be prepared, it is a bit excessive. That is xenophobia and local protection, and there is insufficient basis for administrative actions. Ask the other party to come up with the basis of administration according to law, otherwise, complain to him! Tell me one thing, be sure! Remember, ask the other party for legal basis.
What does a bidding agency do? It helps Party A to contact the bidding office, handle all bidding procedures, prepare bidding documents, and some even prepare bidding control prices. It is Party A's agent in project bidding until it helps you select the winning bidder and do all the work before contract negotiation.
Is it necessary to invite a tendering agency for bidding? No, please ask the tendering agency according to the actual situation of your company.
Expand:
1. Bid:
It refers to the behavior that the tenderee issues a tender notice or tender sheet in advance, puts forward the name and parts of the goods purchased at the specified time and place, and invites bidders to participate in the bidding.
2. Bidding agent:
Generally speaking, it refers to the behavior that the tenderer entrusts or authorizes a bidding agency with relevant qualifications to handle bidding matters in accordance with relevant laws and regulations. Bidding agency is to help bidders who do not have the ability to prepare bidding documents and organize bid evaluation to choose bidders with strong ability and good credit, so as to ensure the smooth implementation of the project and the realization of the construction objectives.
3. Legal basis:
Article 12 of the Bidding Law stipulates that a tenderer has the right to choose a bidding agency and entrust it to handle bidding matters. No unit or individual may designate a tendering agency for the tenderee in any way. If a tenderer has the ability to prepare tender documents and organize bid evaluation, he may handle the tender matters by himself. No unit or individual may force it to entrust a bidding agency to handle bidding matters. For a project that must be subject to tender according to law, if the tenderer handles the tender by himself, it shall file with the relevant administrative supervision department.