Analysis of the Asymmetric Situation in the Process of Tendering & Bidding and Strategies Choices for The Owner & The Tenderer Abstract--The tendering and bidding process is the key step in forming the co-operative relationshipinformation situation and gave some advice to both.Both the owner and the Tenderer can take some measures to make up for the asymmetrical information so as to guarantee the smooth undertaking of the business and realize the interest aims of eachparties.Keywords Construction Bidding Asymmetric Information Implied Contract1. INTRODUCTIONThe tendering and bidding process is the keytendering and bidding process.However, the exchange of information is neither complete nor symmetrical and the Owner constructs an asymmetrical information platform for the Tenderers while the Tenderer also takes some corresponding measures.2. THE ASYMMETRIC SITUATlON OFTHE OWNER AND THE TENDERERA.The information platform of the OwnerThe Owner constructs the information platform around the contracts,including stated contract(oris fixed and its sample including the notice to the Tenderer,Bill of Quantity,Drawing and 1etters etc,is circulated in the industry.All these documents are stated clearly and the Tenderer can decide its own tendering strategy and price according to theinformation.The certainty of the stated contract enables the Tenderer to understand and grasp the information;therefore it is of primary importance in deciding the price of the tendering.The implied contract is the part which does notrelevant laws and regulations issued by the government, the conventions established by usage in this particular industry.the technological regulations which has the legal power and the basic principles accepted in the realms of technology andeconomy.Although the part mentioned above is not stated clearly and detailedly in the articles of the contract, it still constitutes the rule and regulations in the process of project construction.Therefore it can not be violated sincethe person who judges.Only when the two parties have similar professional proficiency and background and understand the principles in the similar way,can they come to similar conclusions.Due to the existence of the implied contract,the Tenderer can not obtain the same information as the Owner does;therefore the information platform of the Owner is asymmetrical from the viewpoint of the Tenderer.The Owner takes the initiative position at the first stage of the trade as well as in thethe first stage of the trading process.3. THE ACTIVE AND PASSIVE POSITIONSOf THE TWO PARTIESThe active and passive positions formed on the first stage of the bidding and tendering processwill change along with the changes of the asymmetricalness of the information exchange between the two parties during the business process.A, the active and passive positions of the OwnerThe active position of the Owner derives fromthis time,the important details relevant to the interest of the project, such as the pricing strategy and the project strategy of the Tenderer can not be made sure during the tendering and bidding process.From this aspect, the Owner is undoubtedlythe passive accepter of in the information exchange.Besides,the implied contract formed in the tendering and bidding process seems to be especially disadvantageous to the Tenderers.because it will increase their risk as well as theNow let us look at the positions of the Tenderer.During the bidding process,when confronted with the high-above information platform of the Owner, the Tenderer takes a passive position.But the Tenderer has the freedom of choice and it can choosedifferent Owners and different projects.This helpsthe Tenderer to win an active position in terms ofevaluating the expected profit and comparing theproject information.At the same time,when confronted with all kinds况将会是一个关键问题。
现在我们从不同的角度讨论非对称信息状况并且给双方一些建议。
业主和投标人都可以采取措施来弥补非对称信息,为了保证顺利的实现交易并实现双方的利益目标。
整治和调整这种情是将会是一个关键问题.这里,听取了不同的意见后,我们讨论了非对称信息情况,并提出了一些建议给投标者和招标者.双方可以采取很多措施去克服非对称信息,以保证业务的顺利开展,旨在弥补实现各方利益。
关键词:工程招标信息不对称默认合同1。
简介招投标过程是形成建设项目中合作关系的关键.在招投标的过程中,业主在招标文件和合同中提出目标,要求和双方合作的模式,为了响应业主的要求,投标者根据其对项目的评估提出相应目标作出承诺。
工程双方的合作关系通过合同来反映和规定,并且在招投标过程中业主和投标者交换信息并订立合同。
然而,信息交换既不完整也不对称,业主为投标者构建了一个不对称的信息平台投标者也采取相应的措施。
2。
业主和投标者的不对称情况有明确和详细地在合同内容中提到,但它仍然是项目建设过程中的准则。
因此它不能违犯,因为双方都清楚它的存在。
推断合同是基于明示合同和一般默认合同合理和公正的解释,因此在项目施行过程中应当遵守。
在具体的项目环境下,推断合同可以作为双方的基础和标准。
与一般默认合同相比,推断合同更复杂,因为“这是基于合理推断的基础和标准”。