Article 17 of the Law on Tendering and Bidding stipulates that if a tenderer adopts the method of inviting tenders by contract, he shall issue invitations to invite tenders to three or more specific legal persons or other organizations with the ability to undertake tender projects and good creditworthiness. The invitation to tender shall set forth the matters stipulated in the second paragraph of Article 16 of this Law.
Invitation for tender is a method of inviting tenderers to invite legal persons or other organizations in reception rooms to participate in the invitation for tender. The difference between this method and public bidding is that it allows bidders to issue invitations to a limited number of specific legal persons or other organizations (suppliers or contractors) without issuing tender announcements. Therefore, invitation to tender can save the cost of tendering and improve efficiency. According to the common practice at home and abroad, the precondition of applying for invitation to bid is to compare and understand the market supply situation and the supplier or contracting situation. On this basis, we should also consider the detailed situation of the bidding project: firstly, the technology of the bidding project is new and complex or professional, which can only be selected from a limited range of suppliers or contractors; secondly, the value of the bidding project itself is low, and the bidder can only achieve the purpose of saving and improving efficiency by limiting the number of bidders. Therefore, invitation to tender is allowed to be adopted, and it has greater applicability in practice.
However, in the invitation to tender, the tenderer may intentionally invite some legal persons or other organizations that do not meet the conditions to act as the foil of the successful bidder in the invitation to bid falsely. In order to avoid the occurrence of this phenomenon, the qualifications of the bidder should be limited, that is, the legal person or other organization issuing the invitation to tender should be no less than home; moreover, the legal person or other organization has good creditworthiness and has the ability to undertake the bidding project. The former is a minimum request for the scope of invitation to bid in order to ensure the appropriate level of competitiveness; the latter is a request for the qualifications and talents of the tenderer, and the tenderer can also stop the qualification check to confirm whether the tenderer can reach the request in this regard. In order to ensure the appropriate level of competitiveness of invitation to tender, the tenderer should invite as many legal persons or other organizations as possible to issue invitation to tender, in addition to the limited potential bidders, in order to ensure effective competition.
The invitation to tender, like the announcement of tender, is a preliminary basic document on Tendering issued to the supplier or contracting legal person or other organization. In order to improve efficiency and transparency, the invitation to tender must contain the necessary tender information, so that suppliers or contractors can bear the conditions for advocating tender, and understand how to participate in the tenderer's title and address, the nature, quantity, place and time of implementation, and the method of obtaining tender documents, etc. It is only the minimum rule, so it will not be swept away. The tenderer adds other materials that he considers appropriate, such as any fees charged by the tenderer for the tender documents, the currency and manner in which the fees for the tender documents are paid, the language used in the tender documents, the time when he wishes or requests for the supply of goods, the time when the project is completed or the time schedule for the provision of services, etc.
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