Deepen the understanding of the joint venture bidding, strengthen weaknesses and prevent risks
Release time:
2018-04-28
With the further refinement of the social division of labor, the further improvement of the degree of economic globalization, the complexity of the bidding projects and the continuous expansion of the scale of government procurement, especially the expansion of the scale of the government procurement projects, the demands of the tenderers to the bidder's strength, professional standards and service ability have been continuously improved. It is common to form consortium and participate in government procurement tendering under the name of consortium.
The so-called "consortium bidding" refers to the behavior that two or more legal persons or other organizations form a consortium and jointly bid as a bidder.
First, the advantages of the Union
1. The use of consortium bids can make up for the resource and technical gap of the bidding enterprise, and it is beneficial to the bidder to participate in some unqualified or lack of competitive advantages, that is to say, the joint body can participate in the project bidding without the participation of the other parties so long as one party meets the specific conditions. The competitiveness of enterprises has dispersed and reduced the operational risks of enterprises.
2. According to the division of division of the Consortium Agreement, the consortium will undertake the work according to the license scope of the class of qualification. It can improve the performance of the winning bidder, and can effectively prevent the winning bidder from the interests of the purchaser because of the poor performance of the contract and the procrastination of the performance.
3, the project which uses the consortium bidding is usually a mass project with large scale, so that a few suppliers can easily form a monopoly in the government procurement project, and make up the form of the consortium through the suppliers, moderately disperse the business opportunities, make more enterprises benefit, and realize the support for small and medium-sized enterprises in the intangible.
4. The use of consortium bidding is beneficial to the tenderer to use bids, reduce the manual amount of tenders and simplify the process of signing the tenderers. There is no need to subdivide the demands of the tenders in the process of bidding, and there is no need to determine the interface and interface of the various parts, so as to save the cost of the tenderers.
Two. The shortcoming of the Federation
1. When the Federation bid, because of the profit of capital, the parties of the Federation all want to ensure the maximum profit of their own part, then the final offer of the Federation will lose the competitive advantage and the probability of winning the bid will be greatly reduced.
2. The aptitude and specialty of the consortium are different. It is unavoidable to have friction in the process of contract performance. When the interfaces and interfaces of each part are not clear, the disputes will come into being.
3. When disputes arise between the parties of the Federation, the tenderer needs to be coordinated, leading to the time and effort of the tenders, becoming an endless coordination in the course of the performance, and whether the success of the coordination will directly affect the economic interests of the tenderers.
4. When the joint body is bidding, the joint body is liable to be punished at the same time when it is not standardized and illegal. The joint body is liable to be punished by the members of the Federation, and the members of the Federation are required to undertake the "liability joint" of the administrative penalty. Although the section is controversial, it often appears in the actual case.
Therefore, as the construction unit, we should correctly recognize the characteristics of the consortium bidding, deepen the understanding of the consortium bidding, avoid the risk, and make use of the form of the consortium bidding. Once the consortium is chosen, it is necessary to conscientiously do a good job of regulating the standard of the members of the Federation and supervising the members of the Federation; carefully formulating the joint tendering agreement of the parties of the United States, clearly defining the work and responsibility to be undertaken by the parties; formulating the project management measures and operating plans for the winning bid; and making clear the rights and obligations of the parties to the Federation, Internal and external liability for breach of contract or tort and its sharing. (Gong Jianhua)
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