International project tendering/International Project Bids-What is an international project tendering?
The international construction tender is in the international project, the tender invited several or dozens of bidders participate in the bidding competition through the majority of bidders, select one of the most favorable to the bid inviting bidders deal. The tender is a major engineering construction projects in the current international transactions. It is characterized by the owners indicated it intends to contract the project, deadlines, quality requirements, attract or invite some bidders willing to contract and qualified bidders on the contract of the project construction program and requirements for the price of the tender parity deal an economic activity. At present, most countries have developed a tender and regulations for its own characteristics, to harmonize their domestic bidding method, but also the formation of a countries should comply with the mandatory tender requirements. International tender, according to the habits of the country or region to select one representative for a wide range, and the bidding regulations applicable in the region of a country. Such as the World Bank loan project bidding and procurement laws and regulations, tender and regulations of the United Kingdom and France project tendering system.
International Engineering - tendering principles:
International project bidding shall adhere to and implement fair, just, and equal competition, the timely and effective principle, embodied in the following aspects:
(1) the project tender information is released to the public, all bidders have the same understanding of the right and the right to know the bidding information.
(2) the scope and content of the tender project is specific and clear. The tender shall be detailed, accurate description is intended to tender the project, including the scope, content and the specific requirements of the tender shall not be ambiguous.
(3) The tender procedure and rules of the project prior to the public; the bidding process, the rights, obligations and responsibilities of the parties should be clear, scientific and rational.
(4) the process of bidding, the tender shall not be bidders to negotiate directly; deadline for submitting bids, the bidder has no right to make any changes to tenders. The bidding process is transparent, open, no "secret operations" or the breeding of the possibility of corruption.
(5) Project tender should give priority to the use of open competitive bidding can not use open competitive bidding is required to adopt other tender.
(6) The bidder should be in the price, quality, technology, term, programs, services, reputation, as far as possible to meet the tender requirements.
(7) in the bidding process, the tender should be given to all suppliers and contractors to participate in the bidding to a fair and equal treatment, discrimination shall not be of a different country, the company.
(8) The tender should be taken to strengthen scientific management, in addition to guarantee the bidding in a timely manner, successfully reached out to, but also to ensure that all participants timely access to effective legal remedies when their rights have been violated.
International Engineering - scope of the tender
International project bidding are widely applicable to the public and private procurement, according to the nature of the tender subject of the scope of application of the international bidding, in general, including works, goods (supplies), the three services. Countries and international organizations on the understanding of the works, goods, services, and not the same as defined.
In the international market, national and international organizations usually provide that where government departments, state-owned enterprises and some private companies that impact the public interest purchases are subject to the bidding. The same time, countries and international organizations generally allow purchases under certain circumstances, purchased items such as emergency situations, munitions procurement or involving the security and confidentiality of the project, purchase quantity, the use of tender enough economies of scale, means other than the known choice of products, project or limited number of enterprises projects, bidding can be used for procurement or contract the contractor. Therefore, in the international arena, the scope of compulsory bidding in public procurement, private procurement have a significant impact on the public interest is also compulsory tender.
However, not all the works should be carried out the bidding process, must implement the bidding procurement projects generally have a number of limitations. Countries and international organizations is not entirely consistent with the provisions of the tender specific limits, such as the tendering of the project limits than the general goods and services project bidding limit is much higher, sometimes the central government procurement than other bidding and purchasing control strict, etc. .
International project bidding agent
A. Tender agent
In international bidding activities, hire agency proxy bidding phenomenon is relatively common, you often but also in government procurement agencies, especially in government departments, not the creation of specialized procurement agencies do not have the specialized knowledge and skills of procurement necessary or procurement volume, the amount is too large and complex engineering, economic, technical complexity, self-organized bidding difficult circumstances, the more necessary to employ agency agent.
World Bank, the Asian Development Bank and other financial organizations of its funded projects is forced to implement an agency recognized by it proxy bidding project units according to their demands to hire agencies in tender, you can not get projects loans.
Two. Tender agent
The foreign tenderer wishes to enter the Country tender should be entrusted to the agent of the Country. The bidding agent is generally of the Country's advisory body, such as bidding agent organizations. Its agent, the scope of business is:
(1) to assist foreign bidders to apply for pre-qualification, purchase collar tender documents;
(2) to assist foreign bidders to apply the procedures of import and export of construction machinery and means of subsistence, an application for leave Wang, declare the tariff to apply for tax exemption for transportation; (3) to assist foreign bidders and their local officials and the business community, the financial sector connect, communicate and carry out public relations activities;
(4) to assist foreign bidders entry and exit visas, residence permits, work permits, car driving license;
(5) introduce a partner for foreign companies and to register;
(6) for foreign bidders to provide their own local policy, legal advice and market information, business activity knowledge.
Principal-agent contract
Foreign bidding shall be signed with the location of the project bidding agency to principal-agent contracts, and grant power of attorney. Agency contract shall include: ① The agent's business Fan with and activity areas; ② agent permissions and effective period; ③ The agent costs (generally for the project the price of 3%, the lowest for the 1%, the highest for five %) and payment (installment or a payment to pay agency fees as a precondition of successful bidder, bidders are not successful do not pay agency fees); ④ The terms of the special remuneration (in addition to the agent of dereliction of duty or without good reason not to perform the contract outside regardless of whether the bidder is the successful bidder, to pay special remuneration).
International project bidding - developments:
With the accelerated process of global economic integration, national project bidding system has been a marked uniform trend, and presents many new features, mainly in the following aspects:
(1) within the scope of the world to see, the basic framework of the bidding system does not occur too many changes. States modify, improve the bidding system, is to protect the recruit cast the interests of the parties in the world free trade.
(2) the scope of the bidding continues to expand, no longer limited to traditional single form of works, goods, and services.
(3) International bidders qualified the growing construction technology continues to improve, a new bidder has increasingly become the focus of attention of all parties.
(4) further diversification of the bidding of the legal remedies, but the negotiation, mediation means will be particularly favored.
(5) large-scale application of the means of science and technology, especially computer technology is widely used, has been basically achieved the goal of "paperless office". The parties may easily via the Internet and other bidding activities.
International project bidding - local protection
In international bidding activities in countries on the one hand egalitarian other hand, often from their own national interests, to give domestic bidders certain concessions, made all kinds of restrictions for foreign bidders to enter the market of its own tender, in order to achieve protection their own in this region, and corporate purposes. Restrictions on foreign bidders, there are two ways: ① in the relevant international treaties concluded or acceded to the agreement has declared reservations. For example, the United States and the European Union plus the WTO Agreement on Government Procurement ", the opening up of national public procurement markets to do a lot of reservations. ② through their national legislation, to take the measures of market access, incentives and other aspects to be limited. Such as the U.S. "Buy American Act provisions, bidding more than $ 100,000, in addition to the outside of the following circumstances must purchase a substantial proportion of U.S. products, the tender in the tender document must be under the law instructions given to domestic the margin of preference: ① The United States does not have the product or the product is not much; ② foreign products, low prices, to give a 25% discount on their products, their products are still higher than foreign products.
Bidding in the international context, to protect their products and businesses of this region is an important and sensitive issue in the national bidding system, a popular international practice.
