Article 26 When applying for a bid, the bidder shall provide the following information and be responsible for the authenticity and accuracy of the information provided:
(1) Business license and qualification certificate or Its supporting documents;
(2) Credit certificate, contract performance and performance materials;
(3) Pre-qualification documents or other materials specified in the bidding documents;
(4) Other information specified by laws and regulations.
For scientific research, consulting, design and other bidding projects that allow individuals to participate in bidding, the provisions of these Regulations on bidders shall apply to individuals bidding.
Article 27 Bidders shall enjoy the following rights:
(1) Independently prepare bidding documents in accordance with the requirements and conditions of the bidding documents;
(2) For unclear content in the bidding documents, you can ask the tenderer and get a clear answer that does not go beyond the scope of the bidding documents;
(3) Before the deadline for submission of bidding documents required by the bidding documents, you can add , modify or withdraw the submitted bidding documents;
(4) You can inquire the tenderer or bidding agency or complain to the relevant administrative supervision department;
(5) Enjoy the rights according to law Other Rights.
Article 28: Bidders who have an interest in the tenderee shall not participate in the bidding of their projects.
Bidders who have affiliations with each other are not allowed to participate in bidding for the same bid.
Article 29: The following behaviors are collusion among bidders:
(1) The bidders mutually agree to raise or lower the bid price;
(2) The bidders mutually agree to quote high, medium and low prices in the bidding project;
(3) The bidders first conduct internal bidding and decide on the winning bidder by default. and then participate in the bidding;
(4) Other acts of collusion among bidders in bidding quotations.
Article 30 The following acts constitute collusion between the tenderer and the bidders in bidding:
(1) The tenderer opens the bidding documents before the bid opening and informs other bidders of the bidding situation, Or assist the bidder to withdraw the bidding document or change the quotation;
(2) The tenderer discloses the minimum bid to the bidder;
(3) The tenderer agrees with the bidder to lower or lower the bid when bidding. Raise the bid price and then provide additional compensation to the bidder or the tenderer after winning the bid;
(4) The tenderer pre-determines the winning bidder;
(5) Other collusion stipulated by laws and regulations bidding behavior.
Article 31: If there is a bid deposit requirement in the bidding documents, the deposit shall not exceed one percent of the total bid price, and the maximum limit shall comply with the relevant national regulations.
The bid deposit can be in cash, or a bank guarantee issued by the bank, a certified check, a bank draft or a cash check, etc. The validity period of the bid security shall not be shorter than the validity period of the bid.
Article 32 Bidding documents shall respond to the substantive requirements and conditions set forth in the bidding documents. If bidding in the form of a consortium, all parties to the consortium shall sign a separate bidding agreement and submit it together with the bidding documents to the tenderer.
Chapter 4 Bid Opening, Bid Evaluation and Bid Winning
Article 33 The bid opening process shall be recorded and archived for future reference. The bid opening record includes the following contents:
(1) Name of the bidding project;
(2) Bid opening time and place;
(3) Units participating in the bid opening and Personnel;
(4) Sealing of bidding documents;
(5) Name of bidder and bid price;
(6) Bidding projects with minimum bids The bid base;
(7) Other important matters.
Article 34: The bid evaluation committee shall be established by the bidder in accordance with the law. The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.
Relevant departments of the Provincial People's Government shall establish a roster of bid evaluation experts in accordance with relevant national regulations.
The expert members of the bid evaluation committee for projects using state-owned capital investment or government financing shall be randomly selected from the bid evaluation expert roster provided by the relevant provincial departments.
The bid evaluation experts specified in the preceding paragraph shall meet the following conditions:
(1) Have worked in the relevant field for eight years or more and have a senior professional title or the same professional level;
(2) Be familiar with laws and regulations related to bidding and bidding, and have relevant practical experience;
(3) Be able to perform duties conscientiously, fairly, honestly and honestly, and abide by professional ethics.
Article 35 Anyone who falls under any of the following circumstances shall not serve as a member of the bid evaluation committee:
(1) A close relative of the person in charge of the bidder;
(2) Personnel of the project administrative department or administrative supervision department;
(3) Having an interest relationship with the bidder, which may affect the fair evaluation of the bid;
(4) ) has committed illegal acts in bidding activities;
(5) Other circumstances stipulated by laws and regulations.
If a member of the bid evaluation committee falls under any of the circumstances specified in the preceding paragraph, he shall take the initiative to withdraw. If the tenderee discovers that a member of the bid evaluation committee falls under the circumstances specified in paragraph 1 of this article, he shall make adjustments.
Article 36 The bid evaluation committee shall evaluate bids in accordance with the following requirements and procedures:
(1) Be familiar with the requirements and regulations of the bidding documents;
(2) Systematically compare and review the bid documents in accordance with the bid evaluation standards and bid evaluation methods stipulated in the bidding documents;
(3) Require bidders to respond to unclear content in the bid documents Necessary written clarifications or explanations;
(4) If the bid is significantly lower than other bids or is significantly lower than the bid base when there is a bid base, the bidder may be required to provide written explanations and relevant supporting materials;
(5) Review whether each bid document responds to all substantive requirements and conditions put forward in the bidding documents, and list all bid deviations in each bid document item by item;
( 6) For bid documents that meet the substantive requirements of the bidding documents, but have omissions in certain places or slight deviations in the technical information and data provided, the bidder shall be required in writing to provide written corrections that will not cause unfair results to other bidders. ;
(7) Recommend the winning bidder according to the bid evaluation situation;
(8) Submit a written bid evaluation report to the tenderer;
(9) Legal , other requirements and procedures specified by regulations.
Article 37 The bid evaluation committee shall determine a bid to be discarded in accordance with the provisions of laws and regulations and the bid cancellation conditions stated in the bidding documents, and shall not arbitrarily determine the bid document to be a discarded bid.
If the bid document does not respond to the substantive requirements and conditions proposed in the bidding documents, the bid shall be deemed to be invalid.
Article 38 Bid evaluation may use the reviewed lowest bid price method or comprehensive evaluation method as well as other bid evaluation methods permitted by laws and regulations.
For general engineering construction and goods procurement projects that have general technology and performance standards or where the bidder has no special requirements for technology or performance, the reviewed lowest bid price method shall be used. The bid that meets the substantive requirements of the bidding documents after review and has the lowest bid price shall be recommended as the winning candidate. However, the bid price is lower than the cost.
For engineering construction, goods procurement or service procurement projects with complex technical requirements, the comprehensive evaluation method should generally be adopted. The bid that meets the comprehensive evaluation criteria specified in the bidding documents to the greatest extent possible shall be recommended as the winning candidate.
Article 39: Bid evaluation standards and methods not specified in the bidding documents shall not be used as the basis for bid evaluation.
If the tenderer has a minimum bid, the minimum bid can be used as a reference in bid evaluation, but it shall not be used as the sole basis for bid evaluation.
Article 40 After the bid evaluation committee completes the bid evaluation, it shall submit a written bid evaluation report signed by all members of the bid evaluation committee to the tenderer and recommend qualified bid-winning candidates.
The bid evaluation report shall truthfully record the following contents:
(1) Basic information and data table;
(2) List of members of the bid evaluation committee;
(3) ) Bid opening record;
(4) List of bids that meet the requirements;
(5) Description of abandoned bids;
(6) Bid evaluation criteria, evaluation Bidding methods or a list of bid evaluation factors;
(7) Reviewed prices or a list of bid evaluation factors;
(8) Ranking of reviewed bidders;
(9) Recommended list of successful bidders and matters to be dealt with before signing the contract;
(10) Minutes of clarifications, explanations, corrections and matters.
If the bid evaluation committee decides to reject all bids, the reasons shall be specified in the bid evaluation report.
Article 41 The tenderee, members of the bid evaluation committee and staff related to bid evaluation activities shall not disclose or infringe on the bidder’s technical secrets and business secrets, nor shall they disclose the comparison and evaluation of bid documents. , recommendation of successful bidders and other situations related to bid evaluation.
Article 42 The tenderer shall, within fifteen days after receiving the written bid evaluation report from the bid evaluation committee, determine the winning bidder from the first to third winning candidates recommended by the bid evaluation committee. people. For projects invested with state-owned funds or government financing, the tenderer shall determine the first-ranked candidate as the winning bidder.
Article 43: After the winning bidder is determined, the tenderer shall issue a bid winning notice to the winning bidder and at the same time notify all unsuccessful bidders of the winning bid results.
The tenderer and the winning bidder shall enter into a written contract in accordance with the bidding documents and the winning bidder's bidding documents within thirty days from the date of issuance of the bid winning notice.
Article 44 If there is a bid deposit, the tenderer shall return the bid deposit and its interest in one lump sum to the winning bidder and the unsuccessful bidder within five working days after issuing the bid winning notice. If the bidding announcement or bidding invitation stipulates that financial compensation will be given to the unsuccessful bidder, it shall also be paid within this period.
Article 45 For projects that require bidding in accordance with the law, the tenderer shall, within 15 days from the date when the bid winner is determined
Submit a bid document with a bidding document to the relevant administrative supervision department. A written report on the bidding situation including the basic information of the project, the bidding announcement, the status of the bidders, the list of members of the bid evaluation committee, the bid evaluation standards and methods, the status of abandoned bids, the ranked winning candidates recommended by the bid evaluation committee, and the winning results.