浅议工程建设项目中招标人的“转让”
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摘要
在工程项目招投标实践中,工程建设项目发包人采用公开招标的方式选择材料与设备供应商、专业工程承包人,在确定中标人后,存在通过变更招标人主体,或者引入新的合同主体(承担招标人的权利义务),由发包人、承包人、供应商或分包人签署三方合同,或者由承包人与供应商或分包人签署两方合同的情形。对此,我们从招投标法律法规角度观察该行为是不合适的,其虽然没有违反法律及行政法规的"强制性规定"不会导致合同无效,但可能会导致行政处罚,建议相关方面进一步研究此类问题,以妥善处理各方利益,维护招投标法律法规的严肃性。
In the bidding practice of engineering projects, the contractor of the project construction project selects materials and equipment suppliers and professional engineering contractors by means of open tendering. After determining the winning bidder, there is a change in the bidder's main body or the introduction of a new contractual entity( To undertake the rights and obligations of the tenderer), the contractor, the contractor, the supplier or the subcontractor shall sign the tripartite contract, or the contractor shall sign the contract with the supplier or the subcontractor. In this regard,it is inappropriate for us to observe this behavior from the perspective of bidding laws and regulations. Although it does not violate the "mandatory provisions" of laws and administrative regulations, it will not invalidate the contract, but it may lead to administrative punishment. Such issues are to properly handle the interests of all parties and maintain the seriousness of the laws and regulations for bidding.
In the bidding practice of engineering projects, the contractor of the project construction project selects materials and equipment suppliers and professional engineering contractors by means of open tendering. After determining the winning bidder, there is a change in the bidder's main body or the introduction of a new contractual entity( To undertake the rights and obligations of the tenderer), the contractor, the contractor, the supplier or the subcontractor shall sign the tripartite contract, or the contractor shall sign the contract with the supplier or the subcontractor. In this regard,it is inappropriate for us to observe this behavior from the perspective of bidding laws and regulations. Although it does not violate the "mandatory provisions" of laws and administrative regulations, it will not invalidate the contract, but it may lead to administrative punishment. Such issues are to properly handle the interests of all parties and maintain the seriousness of the laws and regulations for bidding.
引文
[1]王亚平,朱莉.招标与投标的合同关系[J].招标与投标:2017,(10):59-62