Article 21 The bidding project in accordance with the relevant provisions of the state need to fulfill the project approval, approval or filing procedures, shall first fulfill the project approval, approval or filing procedures.
Bidding must be carried out in accordance with the laws of construction projects, need to perform project approval or approval procedures, the bidder shall submit the feasibility study, or funding application report, or project application report, the project bidding scope, mode and organization of the project approval department for approval.
Bidding must be carried out in accordance with the law for the operational development of state-owned natural resources, government concessions, limited public **** resource allocation projects, as well as medical equipment, medical equipment and pharmaceutical procurement projects, the bidder shall be in the bidding before the scope of the project bidding, the way and the form of the organization of the people's government at the same level or its authorized departments for approval.
Article 22 to promote the use of bidding announcements, pre-qualification documents and model bidding documents. The national or provincial administrative supervision department has prepared a model text, the law must be bidding for government investment projects, the bidder shall use.
Article 23 of the bidder using public tender, shall issue a tender notice; the use of invitations to tender, shall be more than three with the ability to undertake the bidding project, good credit specific legal persons or other organizations to issue invitations to tender.
Projects that must be openly tendered in accordance with the law shall be published in the relevant state departments or the provincial people's government designated newspapers, information networks or other media shall issue a tender notice.
In two or more media to publish the same project bidding announcement, the announcement shall be consistent.
The bidder in the designated newspaper or other media bidding announcement, shall at the same time the bidding announcement shall be truthfully copied to the designated information network. The designated information network shall instantly publish the notice of invitation to tender and shall not restrict access to the information by potential bidders by way of membership or otherwise.
Article 24 A bidder who publishes a notice of solicitation or issues an invitation to tender shall set forth the following matters:
(1) the name and address of the bidder;
(2) the scope, nature, quantitative scale and general requirements for quality of the bidding project;
(3) the place and time of the implementation of the bidding project;
(4) the method of obtaining the bidding documents;
(5) the number of bidders and the number of bidders to be invited; and
(v) the qualification conditions of the bidders and the examination method;
(vi) laws and regulations shall contain other matters.
Article 25 The bidder shall prepare the bidding documents in accordance with the characteristics of the project for which the bidding is made, and shall generally set forth the following main contents:
(1) the name of the bidder, the name of the project, and a brief description thereof;
(2) the quantity, scale and main technical and quality requirements of the project;
(3) the period of time for completion of the project, or the time for delivery or provision of services;
(4) the qualification conditions and methods of qualification of the bidders; and p>
(iv) requirements for the qualification of bidders, bidding documents, and the validity period of bidding;
(v) the manner of submitting bidding documents, the deadline and the place for opening bids;
(vi) the procedures for opening and evaluating bids, as well as the criteria and methods for evaluating the bids;
(vii) the requirements for bidding deposit, performance bond, and bidding quotations;
(viii) the drawings
(ix) the main terms of the contract and the form of agreement;
(x) the relevant administrative supervision departments to receive complaints.
Medical equipment, medical devices and drugs procurement projects, the use of financial funds for the procurement of goods and services, the bidder shall specify the number of procurement in the bidding documents.
Article 26 A bidder may require a bidder to submit alternative bidding programs in addition to the bidding documents that meet the requirements set forth in the bidding documents, but it shall make a statement in the bidding documents and propose the corresponding evaluation and comparison methods.
Article 27 For government investment projects and procurement projects of goods and services using financial funds, the standards, scale and content determined by the bidders in the bidding documents shall be controlled within the scope approved by the project approval authority.
The project price settlement method for construction projects has been clearly stipulated by the state, the relevant contents of the bidding documents shall be prepared in accordance with the relevant provisions; the bidding documents put forward the performance bond requirements, it shall be clearly stipulated to the successful bidder to provide security for payment of the project.
Article 28 The bidders in the bidding documents set forth in the substantive requirements and conditions, shall be marked in a conspicuous manner, shall not be based on a particular production and supply of products or services; if a production and supply must be quoted in order to accurately or clearly illustrate the technical standards of the project to be tendered, it shall be marked with the word "or equivalent".
The bidder shall not set forth in the bidding documents excessive qualification requirements that are not commensurate with the level of the project; it shall not stipulate any other content that tends to favor or exclude potential bidders.
Article 29 The solicitation documents shall provide for a reasonable period of validity of tenders for the project. The period of validity of the bidding is calculated from the date of the deadline for submission of bidding documents by the bidders.
Before the end of the bidding period of validity, the bidder may request in writing all the bidders to extend the bidding period of validity if special circumstances arise. The bidder agrees to extend, shall not modify the substantive content of its bidding documents, but shall extend the validity period of its bidding deposit accordingly; the bidder refuses to extend, its bid lapses, but has the right to recover its bidding deposit.
Bidder losses due to the extension of the bid validity period, the bidder shall be compensated, but due to force majeure to extend the bid validity period.
Article 30 of the law must be bidding government investment projects, the bidder shall be issued at the same time as the bidding documents, the bidding documents in accordance with the project management authority reported to the local people's government at or above the county level the relevant administrative supervision department for the record. The relevant administrative supervision department found that the bidding documents in violation of laws and regulations, shall promptly order the bidder in writing to make corrections.
Article 31 in accordance with the law must be bidding for the project, the bidding documents or qualification documents shall not be sold for less than five days, the sale price based on the price department to determine the cost of printing.
Article 32 If a bidding project has a bidding price, the bidding price must be kept confidential; before the opening of the bidding, no unit or individual may review the bidding price in any form.
Government investment projects generally do not set the bidding bottom. Article 33 A bidder shall have the ability and qualifications to undertake the bidding project and shall enjoy the following rights:
(1) to prepare the bidding documents independently in accordance with the requirements and conditions of the bidding documents;
(2) to inquire in writing to the bidder about the contents of the bidding documents whose meanings are unclear and to obtain a clear reply that does not go beyond the scope of the bidding documents;
(3) Before the deadline for submission of tender documents required by the solicitation documents can be supplemented, modified or withdrawn submitted tender documents;
(d) complaints about unreasonable treatment;
(e) other rights provided by laws and regulations.
Article 34 If the bidding is made in the form of a consortium, each party to the consortium shall sign *** the same bidding agreement and submit it to the bidder together with the bidding documents.
Consortium parties may not again in their own name to bid individually, and may not form a new consortium or participate in other consortiums in the same bidding project.
Article 35 The bidder shall not accept the bidding documents under any of the following circumstances:
(1) if they are delivered late or not delivered to the designated place;
(2) if they are not sealed in accordance with the requirements of the bidding documents.
Article 36 Bidders shall not collude with each other in bidding. All of the following acts are considered collusive bidding among bidders:
(1) bidders agree among themselves to raise or lower the bidding price;
(2) bidders agree among themselves to quote the high, medium and low prices in the bidding project respectively;
(3) bidders first carry out internal bidding among themselves to internally decide on the winning bidder and then participate in the bidding.
Article 37 No collusive bidding shall be allowed between a bidder and a tenderer. All of the following acts are collusive bidding between a bidder and a bidder:
(1) the bidder opens the bidding documents before the opening of the bids and informs the other bidders of the relevant information or assists the bidders in withdrawing or replacing the bidding documents and changing the prices quoted;
(2) the bidder divulges the bidding price to the bidders;
(3) the bidder agrees with the bidders to undercut or overcharge the bids at the time of the bidding, to be After winning the bid, then give the bidder or the bidder additional compensation;
(d) the bidder pre-determined the winning bidder.
Article 38 A bidder shall not submit a bid in another person's name or allow another person to submit a bid in its own name in violation of the regulations.
The bidding in the name of others referred to in the preceding paragraph means that the bidder is attached to other units, or obtains qualification certificates from other units by way of transferring or renting, or stamps or signs the seals and names of other units and their legal representatives on the bidding documents prepared by the bidder. Article 39 The opening of tenders must be held at a place pre-determined in the bidding documents and presided over by the bidder or the bidding agent entrusted by him. The time for opening tenders shall be the same time as the deadline for submission of tender documents as determined in the tender documents. The opening of bids shall be held in public and recorded.
Engineering construction projects, encourage bidding and tendering activities in the tangible market. Conditional places can be bidding and tendering activities are unified into a centralized trading venues for standardized management.
Article 40 of the evaluation of bids by the bidder in accordance with the law to form the bid evaluation committee.
Projects must be bidding according to law, the bid evaluation committee consists of representatives of the bidder and bid evaluation experts. The representative of the bidder shall be familiar with the economic and technical requirements of the bidding project, and shall be determined in writing by the bidder. Bid evaluation experts shall be established in accordance with the law from the evaluation of the expert library to take the randomly selected way to determine; technology is particularly complex, professional requirements are particularly high or the state has special requirements of the bidding project, to take the randomly selected way to determine the experts are difficult to competent, confirmed by the relevant administrative supervision department, can be directly determined by the bidder.
The bid evaluation experts of the government investment projects which must be tendered according to law shall be determined from the relevant departments of the state council or the provincial people's government's bid evaluation expert pool.
Article 41 Before the bid evaluation experts of the bid evaluation committee arrive at the bid opening site, the bidder shall not disclose the bid evaluation items and related contents to the bid evaluation experts.
The bidder shall provide the bid evaluation experts with sufficient time for bid evaluation.
Article 42 A member of the bid evaluation committee shall apply to the bidder for recusal in one of the following cases; if he fails to apply for recusal, the bidder or the administrative supervisory department shall, upon discovery, immediately stop his participation in the bid evaluation activities:
(1) a close relative of the bidder or its principal person in charge;
(2) a staff member of the competent department in charge of the bidding project or of the administrative supervisory department concerned
(iii) Any other interest with the bidder that may affect the impartiality of the bid evaluation activities.
Article 43 The comprehensive evaluation method shall be used to evaluate the bids for engineering survey, design, supervision and other service projects, government concession projects, and the procurement of goods and construction projects with special requirements for technology and performance. The bid of the successful bidder shall be able to maximize the satisfaction of the comprehensive evaluation criteria set forth in the bidding documents.
With general technology, performance standards or the bidder has no special requirements for its technology, performance of general procurement of goods, engineering and construction projects, shall be evaluated using the lowest evaluated bid. The winning bidder's bid shall be able to meet the substantive requirements of the bidding documents, and the lowest evaluated bid price; however, the bid price is lower than the cost of the exception.
In the case of state-owned natural resources operational development projects and limited public ****resource allocation projects, in addition to the use of the comprehensive evaluation method, the bidder that can satisfy the substantive requirements of the bidding documents and has the highest bid price may be determined as the winning bidder.
Article 44 Work Rules of the Bid Evaluation Committee for Evaluating Bids:
(1) Evaluating and comparing the bidding documents in accordance with the bid evaluation procedures, standards and methods stipulated in the bidding documents;
(2) Requesting the bidders to make clarifications or explanations of the bidding documents where the meaning of the bidding documents is not clear. The clarification or explanation must be consistent with the scope of the original bidding documents, and shall not change its substantive content;
(c) for the offer is significantly lower than other bidders or significantly lower than the bidding price, the bidder shall be required to specify and provide relevant supporting materials. If the bidder cannot reasonably explain or provide relevant supporting materials, the bid shall be rejected;
(d) for the bidding documents that meet the substantive requirements of the bidding documents but have minor deviations such as omissions or incomplete technical information and data in individual places, the bidder shall be required to make corrections before the end of the bid evaluation;
(e) recommending one to three successful candidates, with the indication of the ranking (v) recommend one to three successful candidates, with the order of ranking, or directly determine the successful candidate according to the authorization of the bidder;
(vi) on matters that need to be decided by voting in the bid evaluation process, one person, one vote, and by a majority of the members of the bid evaluation committee.
The bid evaluation committee voted by the bid evaluation matters are recognized as illegal or violates the provisions of the bidding documents, the bid evaluation committee members shall be responsible, but in the vote on the dissenting views and recorded in the minutes of the meeting can be exempted from responsibility.
Article 45 If the bid evaluation committee finds one of the following circumstances in the bidding documents during the preliminary examination, the bidding documents shall be processed in accordance with the abolition of the bid:
(1) There is no unit seal;
(2) There is no signature or seal by the legal representative or an agent authorized by the legal representative;
(3) There is no letter of authorization issued by the legal representative for the agent;
(d) not in accordance with the prescribed format, incomplete or key handwriting blurred, illegible;
(e) the bidder submits two or more bidding documents with different contents, or in a bidding document for the same bidding project has two or more quotes, and did not declare which is the final offer, but in accordance with the provisions of the bidding documents to submit an alternative bidding plan Except;
(F) the bidder's name or organizational structure is inconsistent with the qualification examination and does not provide effective proof;
(G) the bidding period does not meet the requirements of the bidding documents;
(H) not in accordance with the requirements of the bidding documents to submit a bid security deposit;
(IX) consortium bidding is not accompanied by a consortium of parties*** the same bidding agreement;
(J) the bidding of a joint venture is not accompanied by an agreement to bid; < /p>
(j) reflecting the personality characteristics of the bidding documents appear obvious similarity;
(k) the bidding documents expressly provide that the bid can be canceled in other cases.
The bid evaluation committee evaluation found the following major deviations in the bidding documents, can not respond to the substantive requirements of the bidding documents, it shall be determined to be scrapped:
(a) can not meet the deadline for the completion of the bidding project;
(b) attached to the bidder can not be accepted conditions;
(c) obviously does not comply with the technical specifications, quality requirements, the price requirements, the way the goods are packaged, inspection standards requirements, the way of packaging the goods, inspection standards and methods;
(iv) does not comply with other substantive requirements stipulated in the bidding documents.
Article 46 After completing the evaluation of bids, the bid evaluation committee shall submit to the bidder a written bid evaluation report containing the following contents:
(1) basic information and data sheet;
(2) list of the members of the bid evaluation committee;
(3) a list of conforming bids;
(4) a description of the situation of rejected bids;
(5) the criteria, methods or methods of bid evaluation;
(6) the criteria, methods or methods for evaluating bids; and (7) the criteria, methods or methods for evaluating bids. (v) List of criteria, methods or factors for evaluating the bids;
(vi) List of evaluated prices or scoring comparisons;
(vii) Ranking of evaluated bidders;
(viii) List of recommended winning candidates, their ranking, and matters to be dealt with prior to the signing of the contract;
(ix) Clarifications, explanations, and summaries of the matters to be remedied.
If the bid evaluation committee decides to reject all bids, it shall state the specific reasons in the bid evaluation report.
The bid evaluation report shall be signed by all members of the bid evaluation committee. The bid evaluation committee members may state in writing their dissenting opinions and reasons if they disagree with the conclusions of the bid evaluation. Bid evaluation committee members refused to sign the bid evaluation report and do not state their dissenting views and reasons, is deemed to agree with the conclusion of the bid evaluation, and the bid evaluation committee to make a written statement and file.
Article 47 If one of the following circumstances applies to a project which must be tendered in accordance with the law, the bidder shall re-tender the project in accordance with the law:
(1) if there are less than three potential bidders who have passed the qualification examination;
(2) if there are fewer than three bidders who have submitted the bidding documents by the time the deadline for submission of bids has expired;
(3) if all bids have been treated as rejected;
(4) if there are no other bids submitted by the bidding committee; or
(d) If, after evaluation, there are less than three valid bids, making the bids obviously uncompetitive, and the bid evaluation committee decides to reject all the bids;
(e) If, in accordance with the provisions of Article 29 of these Regulations, fewer than three bidders agree to extend the period of validity of the bids.
In the case of a project for which the mode of solicitation has been approved, if two consecutive solicitations fail, the mode of solicitation may be adjusted upon examination and approval by the original approving authority; in the case of other projects, the bidder shall adjust the mode of solicitation at its own discretion. Article 48 The bidder shall, within fifteen days after receiving the bid evaluation report, determine the successful bidder on the basis of the written bid evaluation report and the recommended successful candidate put forward by the bid evaluation committee, and issue a notice of award to the successful bidder.
In the case of a project invested with state-owned funds or financed by the state, the bidder shall determine the successful bidder in accordance with the order of the successful candidates. If the successful bidder abandons the winning bid, proposes that it cannot fulfill the contract due to force majeure, fails to submit a performance bond within the specified period as required by the bidding documents, or if the winning bid is invalidated by law, the bidder may re-determine the successful bidder in accordance with the ranking of the successful candidates.
The bidder may also authorize the bid evaluation committee to determine the winning bidder directly.
Article 49 For projects for which bidding is required by law, the bidder shall, within three days from the date of determining the successful bidder, publicize the following matters relating to the results of the bidding on the information network designated by the provincial people's government for a period of not less than ten days:
(1) the name, address and contact information of the bidder;
(2) the name of the project for which the bidding is to be conducted;
(iii) the name of the winning bidder and the amount of its winning bid;
(iv) the name of the bidder whose bid is determined to be rejected and the reasons therefor;
(v) the names of the members of the bid evaluation committee.
During the period of publicity, if the relevant administrative supervision department receives a complaint, it may, depending on the circumstances, notify the bidder in writing to suspend the signing of the contract and other activities.
Article 50 of the project must be bidding according to law, the bidder shall determine the winning bidder within fifteen days from the date of submission of a written report on bidding and tendering to the relevant administrative supervision department.
The written report referred to in the preceding paragraph shall contain the following main contents:
(1) copies of the bidding documents and the bidding documents of the successful bidder;
(2) the basic information on the method of bidding and the form of organization;
(3) the qualification examination of the bidders;
(4) the composition of the bid evaluation committee;
(5) a report on the bid evaluation;
(6) a report on the bid evaluation;
(7) a report on the bid evaluation; and Report;
(vi) Result of winning the bid.
Article 51 The bidder of a state-owned natural resources operational development project, a government concession project and a limited public ****resource allocation project shall report the contract to the people's government at the same level or its authorized department for the record within seven days from the date of concluding the contract; the bidder of other projects, such as engineering and construction and the procurement of goods and services using financial funds, which must be tendered according to law, shall send the contract to the people's government at the same level or its authorized department for the record within seven days from the date of concluding the contract. Contract within seven days from the date of the contract will be sent to the relevant administrative supervision department at or above the county level where the project for the record.
The bidder and the successful bidder to enter into a separate contract on the same bidding matters or unauthorized changes in the winning contract, resulting in inconsistency with the substantive content of the winning contract that has been filed, shall be filed in the winning contract as the basis for settlement of the relevant price.
Article 52 Where there is a bidding deposit, the bidder shall, within five days after issuing the notice of award, return the bidding deposit to the bidders other than the successful candidate, and within five days after signing the contract with the successful bidder, return the bidding deposit to the successful bidder as well as to the other successful candidates. Bidder late return of the bidding deposit, in addition to the principal amount of the bidding deposit shall be returned, but also shall be in accordance with the same period of the commercial bank lending rate of twenty percent up to pay the funds occupation fee.
The tender notice or invitation to tender in the provisions of the unsuccessful bidder economic compensation, should also be paid within this period.
The bidding documents stipulate that the bidder to provide security for the payment of the project, the bidder shall submit a performance bond to the successful bidder at the same time.
Article 53 The successful bidder shall fulfill the following obligations
(1) to complete the successful project in accordance with the contract and the commitments in the bidding documents, not to transfer the successful project to others, not to transfer the project manager and the main technical personnel committed in the bidding documents without authorization, and not to replace without authorization the mechanical equipments committed to be used in the bidding documents;
(2) to bear the subcontracting project Joint and several responsibility for the subcontracting project;
(c) submit a performance bond or other forms of performance guarantee in accordance with the requirements of the bidding documents.
Due to special circumstances, there is a need to replace the project manager and main technical personnel promised in the bidding documents, replacement of mechanical equipment promised in the bidding documents, shall be agreed by the bidder, the qualifications, performance and reputation of the project manager and the main technical personnel after the transfer, or replacement of machinery and equipment performance, specifications and quantity shall not be lower than that of the bidding documents promised conditions.
Article 54 A bidder shall not make the following requirements a condition for issuing a notice of award or signing a contract:
(1) advancing funds for the construction of the awarded project;
(2) subcontracting the awarded project to other related parties;
(3) raising the performance bond;
(4) changing the price quotation, increasing the volume of work, shortening the duration of the construction period and so on. deviation from the requirements of the contents of the bidding and tender documents.