In the bidding announcement of Fuzhou Middle School, "this bidding project does not accept consortium bidding". . Is it legal?

As far as consortium bidding is concerned, firstly, Article 24 of the Government Procurement Law and Article 3 1 of the Bidding Law stipulate that two or more bidders may form a consortium and participate in bidding as one bidder, but all bidders participating in the consortium shall meet the legal conditions. Secondly, the bidding law also stipulates that the consortium composed of units of the same major shall determine the qualification level according to the units with lower qualification level. In addition, Article 5 1 of the Bidding Law also clearly stipulates that a tenderer who restricts or excludes bidders with unreasonable conditions, discriminates against potential bidders, forces bidders to form a consortium to bid together, or restricts competition among bidders shall be ordered to make corrections and may be fined between 10,000 yuan and 50,000 yuan. Finally, the departmental regulations formulated according to the Government Procurement Law or the Bidding Law also reaffirm and supplement the consortium bidding regulations. The provisions of the Bidding Law on consortium bidding have been reiterated in the Administrative Measures for Bidding of Government Procurement of Goods and Services (DecreeNo. Ministry of Finance 18) and the Measures for Bidding of Construction Projects.

To sum up, the current law allows consortium to bid, but opposes forcing bidders to form a consortium to bid, restricting or excluding bidders with unreasonable conditions, discriminating against potential bidders and restricting competition among bidders.

The law does not stipulate whether the tenderer has the right to refuse the consortium's bid. In practice, some tender announcements clearly stipulate that "this project does not accept consortium bidding". Personally, it is not appropriate for a tenderer to refuse a consortium bid. First of all, strong alliance can reduce the risks and costs of all parties involved in bidding and increase their competitiveness, while rejecting consortium bidding will reduce the competitiveness of some potential bidders and reduce the probability of winning the bid; Secondly, from the wording of laws and regulations, the expressions of "can form a consortium" and "can cooperate with * * *" are used to explain whether forming a consortium is the right of all participants; The third is a consortium composed of two or more units with the same qualification category but different qualification levels, and the qualification level of the consortium is determined according to the unit with lower qualification level. A consortium composed of two or more units with different qualification categories shall, according to the internal division of labor of the consortium, undertake the work according to the scope permitted by the qualification category and grade respectively. This combination will only improve the performance ability of the winning bidder and will not harm the interests of the tenderer.