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| TENDER AND BIDING PRACTICE |
| From£ºChinese Credit Law |
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¡öTENDER AND BIDING PRACTICE
Tender and Biding
I.Tender and biding in government purchase
1) Act as the bid-inviter's attorney to provide legal consultancy on issues arising from tender process draft and examine tender documents, assist bid-inviter to settle disputes arising from tender process, specially:
¡ñ Participate in the planning of the tender project and formulate the tender and bidding regulation;
¡ñ Examine the qualification of legal person of the project and due government approval documents so as to ensure legality of the tender;
¡ñ Participate in the qualification assessment in the pre-assessment stage and examine the qualification of the bidders;
¡ñ Participate in the preparing tender documents, including procedural and substantive documents
¡ñ Take bidders' question relevant to law
¡ñ Participate negotiation and clarification process and provide legal consultancy relating thereto;
¡ñ Improve and modify contract documents;
¡ñ Produce legal opinion on tender activity
¡ñ Resolve other legal issues and disputes
2) Act as the bid-inviter's attorney and expert to work on the bid assessment committee (bid assessment team) so as to resolve legal issues arising from the bid assessment process.
3) Service to the bidder includes:
¡ñ Provide legal consulting to the bidders in preparing bid documents;
¡ñ Supervise and pressure bid-inviter to abide by the bid-inviting rules and procedures so as to safeguard bidders' legal rights and ensure openness, justice and impartiality.
¡ñ Tender and bidding in key projects
¡ñ In accordance with competent laws and statutes, examine the required legal conditions of the construction tender so as to prevent invalidity of the whole tender activity;
¡ñ Draft documents relating to tender project and examine their legality and validity, including tender documents, bidding particulars, contract conditions and contract articles;
¡ñ Ensure that the bid-inviting party strictly observe the required legal procedures and time period relating to the tender work;
¡ñ Examine the legality and validity of the documents and materials provided by the bidder; examine the qualification of the bidders and issue legal opinion to the tender party so as to enable the tender party to identify and select qualified bidders;
¡ñ Attend tender meetings, bid opening meetings and bid assessment meetings so as to ensure the meetings proceed in accordance with the procedures provided by the laws;
¡ñ Draft and examine the contracting contract of the tender project;
¡ñ Coordinate and handle disputes between the tender and bidding parties arising form the tender process; handle other matters of the tender party.
C. Tender and bidding in scientific and technological project
¡ñ Provide assistance in releasing tender notice
¡ñ Provide assistance in carrying out qualification pre-assessment
¡ñ Provide assistance in preparing tender documents
¡ñ Provide assistance in clarification and modification of tender documents
¡ñ Provide assistance in bid opening arrangement
¡ñ Provide assistance in bid setting
¡ñ Provide legal consultancy on tender documents and contracts
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