According to the rules of Article 24 of the Government Procurement Law, if the government procurement is terminated by means of a consortium, the suppliers participating in the consortium shall meet the requirements of Article 22 of this Law, and shall submit a combination agreement to the purchaser specifying the work and obligations undertaken by the parties to the consortium. The parties to the consortium shall jointly sign a procurement contract with the purchaser and undertake joint and several obligations to the purchaser in respect of the matters agreed upon in the procurement contract. Experts believe that the purpose of the rule is to understand that suppliers have the right to participate in government procurement activities in a combined way. In the theory of government procurement, it is necessary to allow suppliers to participate in government procurement activities in a combined way.
Article 31 of the Tendering and Bidding Law stipulates that more than two legal persons or other organizations can form a joint body and jointly invite bids as a tenderer. Each Party of the joint venture shall have the corresponding ability to undertake the bidding project; if the relevant national rules or bidding documents have rules on the qualifications of the bidder, all parties of the joint venture shall have the corresponding qualifications of the rules. A combination of units of the same profession shall affirm the qualification level according to the units with lower qualification level.
The parties concerned shall sign a joint tender agreement, clearly agree on the work and obligations to be undertaken by the parties concerned, and submit the joint tender agreement together with the tender documents to the tenderer. Where the bid of a joint venture is awarded, the parties to the joint venture shall jointly sign a contract with the tenderer and undertake joint and several obligations to the tenderer for the winning project. The tenderer shall not force the tenderer to form a joint bidding body and shall not restrict the competition among the tenderers.
Experts say that many projects with both design and construction are suitable to allow the bidding of the combination. Bidding in combination, according to the internal part of the work in combination, each undertakes the work according to the scope of the qualification category level, so as to improve the performance ability of the winning bidder. Avoid subcontracting the procurement project because of poor performance ability of the winning bidder, and damage the interests of the purchaser. It is conducive to the close coordination of design and construction. Design engineers and construction engineers can communicate and immerse with each other at any time, abundantly exchange technology, make full use of their strengths and avoid weaknesses. They can effectively restrain the separation of design and construction in the past. The contradictions of mutual restrictions and disjoints existing in different companies can effectively prevent the mistakes and problems caused by the lack of complete understanding of design intentions in equipment procurement and construction links.