In the modern market economy system, as a professional form of service, the responsibility of the tenderer is to assist the tenderer to carry out the bidding activities and ensure the fairness, openness and transparency of the bidding process. However, the behavior of the bidding agency must be strictly limited to the scope of its authorization, and it must not be without authority or ultra vires, let alone know that the entrusted matters are illegal and carried out. This article will focus on this core topic and explain how tendering agencies should adhere to the boundaries of their powers and comply with relevant legal provisions.
First of all, the role positioning of the bidding agency is the basis of its code of conduct. The bidding agency is an institution entrusted by the tenderer to provide services for the bidding activities with its professional knowledge and experience. Its responsibilities include, but are not limited to, preparing bidding documents, organizing bid evaluation, and releasing bid winning results. In this process, 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 behavior is legal and compliant.
However, in reality, there are cases where the tendering agency exceeds its terms of reference. No authority refers to the fact that the tendering agency makes decisions or takes actions without the authorization of the tenderer; Exceeding its authority refers to the fact that the tendering agency has acted beyond the scope of the tenderer's authorization. Both of these situations are infringements on the rights and interests of the tenderer, and also undermine the fairness of market competition. For example, a bidding agency modified the qualification requirements in the bidding documents without the consent of the entrusting party, resulting in the exclusion of some potential bidders, which is undoubtedly a serious violation of the bidding principle.
What's more serious is that when the bidding agency knows that the entrusted matter is illegal but still carries it out, its behavior not only violates laws and regulations, but also may involve criminal liability. For example, if the bidding agency knows that the bidding project is not approved or the bidding documents contain discriminatory clauses, but still continues to perform the first duty, this behavior not only harms the public interest, but also undermines the market order.
In order to avoid these misconducts, the tendering 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 have no authority, exceed its authority, and shall not know that the entrusted matters are illegal and carried out. 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.