Negotiation of bids is also called negotiation bidding or restricted bidding, that is, to confirm the winning bidder through negotiation.
There are mainly the following ways:
1. Bid negotiation by direct invitation.
It is not through public or invitation to tender that the winning bidder is selected. The bidder or his agent directly invites an enterprise to stop individual consultation and sign the procurement contract after reaching an agreement. If you can't negotiate with one, you can invite another 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 requests them to make a quotation at the agreed time. The tendering unit selects the enterprises with reasonable quotation through fire analysis and comparison, and stops negotiating on the details of construction period, cost and quality payment conditions, so as to reach an agreement and sign the contract.
3. The way of bidding in planned 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. The common practice is that the tenderer puts forward the basic request for planning and design and the amount of investment control, and provides the feasibility study report or design task book, site plan, clarification of site conditions and environmental conditions, as well as the relevant rules of planning and design management departments, etc. 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 plan are presented. The staffing, time and schedule for completion of the plan 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. A certain amount of compensation shall be given to the unelected participants.
In addition, in science and technology bidding, public bidding, but not open bidding, is usually used. After receiving the bidding documents of each tendering unit, the tendering unit first stops adjusting in respect of technology, design, processing, credit ability and so on. On the basis of obtaining preliminary approval, it chooses an ideal pre-winning bidding unit and negotiates with it. It stops adjusting and negotiating the bidding documents. If it can get different opinions, it can be designated as the winning bidding unit, and if not, it can 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 more sensitive, and can select the ideal supplier and contractor.
Because the successful bidder of negotiation is produced through talks, which is not convenient for public surveillance and easy to cause illegal trading, this method is prohibited in the bidding rules of mechanical and electrical equipment in our country. Even if it is allowed to use the method of negotiation, most of them impose strict restrictions on the way of negotiation.
Rules of the UNCITRAL Model Law on Procurement of Goods, Construction and Services of the United Nations: With the approval of the publishing State, the tenderer may stop the procurement by negotiating the tender in the following circumstances:
1. It is impractical to adopt the tendering procedure for the goods, works or services in urgent need, provided that the situation of 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.
In order to make tender negotiation as fair and fair as possible, the UNCITRAL Model Law on Procurement of Goods, Construction and Services also stipulates that in the process of tender negotiation, the tenderer should hold talks with a sufficient number of suppliers or contractors to ensure effective competition, and that if an invitation to bid is adopted, there should be at least three tenderers; and the tenderer should provide a certain supplier and contractor with an invitation to bid. Any rules, principles, documents, clarifications or other materials sent in connection with the talks shall be sent to all other suppliers or contractors who are holding talks with the tenderer on a reciprocal basis; the talks between the tenderer and a supplier or contractor shall be confidential, and neither party to the talks shall disclose them to any other person without the consent of the other party. Any technical materials, prices or other market information related to the talks.