In the modern market economy, bidding and bidding activities are a common way of resource allocation, and its fair, open and transparent characteristics ensure the efficiency and rationality of transactions. In this process, the bidding agency, as a professional service provider, assumes a crucial intermediary role. However, the behavior of the bidding agency must be carried out within the scope entrusted by the tenderer, which is the basic premise for ensuring the legitimacy and effectiveness of the bidding activities.
The responsibilities of the bidding agency mainly include assisting the tenderer in preparing the bidding documents, issuing the bidding announcement, organizing the bid evaluation committee, processing the bidding documents and assisting in determining the winning bidder. These responsibilities involve all aspects of the bidding activities, and the bidding agency must have professional knowledge and rigorous work attitude. When performing these duties, the bidding agency must strictly abide by the "Bidding Law of the People's Republic of China" and other relevant laws and regulations to ensure that its actions are legal and compliant.
In order to maintain the order of the bidding market and protect the legitimate rights and interests of all parties, the bidding agency shall clarify its own rights and responsibilities. This means that when the bidding agency engages in bidding activities, it should be strictly limited to the scope of the tenderer's entrustment, and shall not exceed or expand the entrusted authority without authorization. For example, if the tenderer entrusts the tendering agency to be responsible for the preparation of the bidding documents, then the tendering agency shall, in accordance with the requirements of the tenderer and the provisions of relevant laws and regulations, carefully prepare the bidding documents, and shall not add or delete any clauses at will.
Lack of authority and ultra vires are problems that are prone to occur in the actual operation of the bidding agency. No authority refers to the fact that the tendering agency makes decisions or takes actions without the authorization of the tenderer or beyond the scope of authorization; Exceeding the authority refers to the fact that although the tendering agency has obtained the authorization of the tenderer, it has exceeded the scope of authorization in the implementation process. Both of these situations are infringements on the rights and interests of the tenderer, and also undermine the fairness of market competition.
In order to prevent the occurrence of no authority and ultra vires, the bidding agency shall take the following measures:
1.Clarify the scope of authorization: When accepting the entrustment, the bidding agency shall clearly agree on the scope of authorization with the tenderer and strictly abide by it in the bidding process. Any decision beyond the scope of authorization shall be communicated with the tenderer in a timely manner and its written consent shall be obtained.
2.Strengthen legal awareness: The bidding agency should regularly train employees on laws and regulations to improve their legal awareness and ensure that they can correctly identify and avoid illegal acts in their daily work.
3.Establish an internal supervision mechanism: the bidding agency shall establish and improve the internal supervision mechanism, monitor the bidding process throughout the process, and discover and correct violations in a timely manner.
4.Strengthen accountability: Once it is found that there is no authority or ultra vires, measures should be taken immediately to correct it, and the relevant responsible persons should be held accountable.
In summary, as an important participant in the bidding activities, the behavior of the bidding agency directly affects the fairness and legitimacy of the bidding activities. Therefore, the bidding agency must strictly abide by the scope of authorization, and shall not be without authority or ultra vires. By clarifying the boundaries of rights and responsibilities, strengthening legal awareness, establishing an internal supervision mechanism and strengthening accountability, the bidding agency can effectively maintain market order, protect the legitimate rights and interests of tenderers and bidders, and then promote the healthy development of the entire bidding and bidding market.