试论我国招标方式的完善

On the improvement of tendering in China

根据《招标投标法》,我国法律规定了公开招标、邀请招标2种方式,同时规定了可以不招标的情形。但以公开招标为代表的传统招标方式在节约社会成本、保证采购效率、提高资金使用效益等方面存在诸多不足,在邀请招标、不招标的具体制度设计上也有不少亟待完善之处。文章提出了推行电子招标和电子反向拍卖方式,严格邀请招标的条件设置,规范邀请招标的程序,将不招标纳入"议标"范畴,完善"议标"的具体适用条件和程序等若干具体设想。

It is stipulated in The Bidding Law of the People＇s Republic of China that open tender and invitation tender should be implemented concerning government or public fund projects and nontendering type be limited to the circumstances as stated in the law. It is found out that traditional tendering types such as open tender are inadequate in saving social cost, ensuring procurement efficiency and maintaining investment efficiency and there are some inadequacies in the framework design of invitation tender and non-tendering. It is proposed that electronic tendering and electronic reverse auction be implemented. It is suggested that conditions for invitation tender should be upgraded, procedures for invitation tender be regulated and non-tender be treated as negotiating tender.