As the person in charge of project construction, the tenderee may not be familiar with all aspects of bidding if he does not often participate in bidding activities. Comparatively speaking, the tendering agency is much more professional. Some bidders who want to gain more experience can also learn from the tendering agency. Let's take a look at the laws and regulations that must be known as a bidding agent in this article.

Bidding organization forms are divided into two ways: independent bidding and entrusted bidding. The law encourages bidders to adopt entrusted bidding, and makes appropriate restrictions on independent bidding.

Article 12 of the Law on Tendering and Bidding stipulates: "A tenderer has the right to choose a tendering agency and entrust it to handle the bidding matters. No unit or individual may designate a bidding agency for bidders 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. "

Article 14 of the Regulations: "A tenderer shall sign a written entrustment contract with the entrusted tendering agency, and the fees agreed in the contract shall comply with the relevant provisions of the state."

Nature and establishment conditions of bidding agency

Article 13 of the Bidding Law stipulates: "A bidding agency is a social intermediary organization established according to law to engage in bidding agency business and provide 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. "

Here, the main concept, legal status and three elements of the establishment of a bidding agency are clarified.

In China, the so-called intermediary organizations can be institutions or enterprises according to their organizational nature. For example, government procurement centers set up in various provinces undertake the procurement of financial funds by state organs, institutions and social organizations, which embodies the meaning of "public law" and belongs to non-profit institutions. But in the field of bidding, the bidding agency must be an enterprise.

Article 12 of the Regulations supplements the qualification management of bidding agencies: "A bidding agency shall have a certain number of professionals who have obtained professional qualifications for bidding. The specific measures for obtaining the professional qualification for bidding and tendering shall be formulated by the human resources and social security department of the State Council in conjunction with the development and reform department of the State Council. "

This clause establishes the establishment of the bidder's professional qualification system and divides the functional departments of professional qualification management.

Bidding agent qualification system

Article 14 of the Bidding Law stipulates: "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 governments of provinces, autonomous regions and municipalities 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 11 of the Regulations is a refinement and supplement to Article 14 of the Bidding Law: "The qualification of a bidding agency shall be determined by the relevant departments in accordance with the law and the provisions of the State Council.

The competent departments of urban housing and urban construction, commerce, development and reform, industry and informatization in the State Council shall, in accordance with the prescribed division of responsibilities, supervise and manage the tendering agency according to law. "

The first paragraph of this article is a general provision on the qualification system of bidding agencies, and the second paragraph is a refinement and supplement to the division of qualifications.

Before the promulgation of the Regulations on the Implementation of the Bidding Law, there were five types of bidding agencies that needed government approval, namely, the bidding agency qualification for construction projects managed by the Ministry of Housing and Urban-Rural Development, the bidding agency qualification for central investment projects managed by the National Development and Reform Commission, the international bidding agency qualification for mechanical and electrical products managed by the Ministry of Commerce, the bidding agency qualification for government procurement managed by the Ministry of Finance and the bidding agency qualification for communication industry managed by the Ministry of Industry and Information Technology.

According to Xinhua News Agency on May 5, 20 13, in the Decision of the State Council on Cancelling and Decentralizing 133 Administrative Examination and Approval, the qualification examination and approval for international bidding of mechanical and electrical products of the Ministry of Commerce was cancelled. Later, the Ministry of Finance and the Ministry of Industry and Information Technology successively issued documents to cancel the examination and approval of the qualifications of their respective bidding agencies. With the deepening of reform, the examination and approval management industry of other bidding agencies will be gradually abolished.

Government supervision departments should actively create conditions, and the identification of bidding agencies should break departmental barriers, from multi-sectoral identification to unified identification.

Rights and obligations of bidding agency

Article 15 of the Bidding Law stipulates: "A bidding agency shall handle the bidding matters within the scope entrusted by the tenderer and abide by the provisions of this Law on bidders."

Article 13 of the Regulations supplements the rights and obligations of the agency in Article 15 of the Bidding Law. "A procuratorial agency shall, within the scope permitted by its qualifications, be entrusted by the tenderer to carry out the procuratorial business, and no unit or individual may illegally interfere.

When acting as an agent for bidding business, a bidding agency shall abide by the provisions of the Bidding Law and these Regulations on bidders. A bidding agency shall not bid or act as an agent in the bidding project it represents, nor shall it provide consultation for the bidders of the bidding project it represents.

The tendering agency shall not alter, lease, lend or transfer the qualification certificate. "

The first paragraph of this article is to protect the legitimate rights and interests of the tendering agency, the second paragraph is the general provisions on its rights and obligations, the third paragraph is not to violate the provisions of conflict of interest, and the fourth paragraph is not to violate the prohibitive provisions of the law.