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Negotiation of bids is also called negotiation or restrictive bidding, that is, to confirm the winning bidder through negotiation.
There are mainly the following ways:
1. Bid negotiation by direct invitation.
Choosing the winning bidder is not through open or inviting tender, but by inviting the tenderer or his agent to terminate the individual consultation and sign the procurement contract after reaching an agreement. Assuming that no negotiation can be reached with one party, the other party can be invited until the agreement is reached.
2. Bidding negotiation.
"Bidding" is a kind of bidding method with the characteristics of invitation to tender and consultation. It is commonly used in engineering and goods procurement with small scope and simple content. The usual practice is that the tenderer sends the procurement request to the selected enterprises and implores them to make the quotation at the agreed time. The tendering unit chooses the enterprise with reasonable quotation after fire analysis and comparison, and suspends the negotiation on details such as construction period, cost and quality payment conditions, so as to reach an agreement and sign the contract.
3. Bid negotiation mode of scheme competition.
It is a common way to select the task of engineering planning and design. Usually the organization is open, or the pre-selected planning and design institutions can be invited to participate in the competition. It is common practice for bidders to put forward basic requests for planning and design and the amount of investment control, and to provide basic information such as feasibility study report or design task book, site plan, description of site conditions and environmental conditions, as well as relevant rules of planning and design management departments. Based on this, the competing units put forward their own preliminary plans for planning or design and elaborate on them. Advantages and advantages of the scheme are presented. The staffing, time and schedule for completing the planning or design task, total investment budget and design are presented to the tenderer. Then the tenderer invites the selection committee composed of experts concerned to select the winning units, and the tenderer and the winner sign the contract. Compensation shall be given to the unsuccessful participants.
In addition, in science and technology bidding, public bidding, but not open bidding, is usually used. After receiving the tender documents of each tendering unit, the tendering unit first suspends the adjustment on the aspects of technology, design, processing, creditworthiness and competence, and on the basis of obtaining preliminary approval, chooses an ideal pre-winning bidding unit and negotiates with it, and suspends the adjustment negotiations on the tender documents. If it can obtain different opinions, it may be designated as the winning bidding unit, and if not, it will find a second pre-winning bidding unit. Negotiations will be held one by one until the two sides reach a disagreement. This kind of tender negotiation method makes the tendering unit have more flexibility and can choose the ideal suppliers and contractors.
Because the successful bidder is negotiated, which is not easy to be monitored by the public and easy to cause illegal trading, the bidding rules for mechanical and electrical equipment in our country have prevented the use of this method. Even if the method of negotiation is allowed, most of them have made strict restrictions on the way of negotiation.
Rules of the UNCITRAL Model Law on Procurement of Goods, Construction and Services in Separate Countries: With the approval of the issuing State, the tenderer may suspend procurement by negotiating tenders in the following circumstances:
1. It is urgent to obtain the goods, works or services. It is unrealistic to adopt the tendering procedure, provided that the situation constituting such urgency is not foreseeable by the procuring entity, nor is it caused by the procuring entity's procrastination;
2. Because of a catastrophic event, the goods, projects or services are urgently needed, while other methods are not feasible because of the time-consuming.
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