Research On Legal Issues Of Bidding Contract For Government Procurement

Government procurement contract by bidding refers to a contract which is about government’s procurement of goods, construction and service and which is concluded by the way of bid invitation and bidding, and which is governed by Contract Law, as well as Government Procurement Law and The Bid Invitation and Bidding Law. However, the imperfection and conflicts in the law leads to different opinions on some key issues of the government procurement contract in both academia and practice. Also, because the administrative power is always very mighty, so the administrative subject is still inclined to deploy its administrative power in the civil legal relationships. While for the disadvantaged supplier, doing business with government will bring big margins because the purchase order value is always very large, so in order to obtain government’s PO, they will make concession. But if things go on like this, not only the supplier’s legal rights are impaired but will the benign development of the government procurement be affected.This thesis includes five parts:the first part is preface, which introduces the motive and purpose of this topic and structure arrangement. The rest four parts mainly analyze the contractual issues at each stage according to the preparation, conclusion and performance of contracting, contract in chronological order.Chapter one present situation and problems of government procurement contract by tendering and bidding, which briefly introduces the system of government procurement and tendering and bidding, and puts forward the issues such as the legal nature of bidding, tendering and issuing a bid-winning notice and the legality and rationality of responsibility resulting out of the performance of the government procurement contract.Chapter two studies the legal nature of tendering and bidding in government procurement, which starting from the analysis and comparison of invitation for offer and offer the contract law, then conduct the corresponding analysis of the legal nature of tendering and bidding, and make the conclusion that the tendering is invitation of tendering in most cases, naturally come to the conclusion that bidding is an offer. Also, the bid bond submit by bidders has been analyzed and it is concluded as a kind of atypical guarantee.Chapter three studies the establishment of government procurement contract by bidding time, which proposes question by case reference, and analyze the essential elements for the establishment of general contract and deny the legal form’s effect on the establishment, then analyzes the legal effect of the bid-winning notice, and concludes that the issue of bid-winning notice means the establishment of the contract.Chapter four studies the performance of the government procurement contract by bidding, which proposes question by case reference and analyze the responsibilities involved in the process of performance, including public responsibility and private responsibility, and propose that public responsibility shall be enumerated clearly in the future legislation and beyond that liabilities in connection with the performance of the contract shall the responsibility for breach of contract.In this thesis I propose the question and clarify the controversial issues and put forward legislative proposals, hoping it will be conducive to the improvement of government procurement contract by biding in practice and legislation.