Chapter I General Provisions
Article 1 In order to regulate bidding and tendering activities, to protect the interests of the State, the interests of the social public***, and the lawful rights and interests of the parties involved in the bidding and tendering activities, to improve economic efficiency, and to ensure the quality of the project, these Regulations are formulated in accordance with the "People's Republic of China **** and the State Bidding Law" and relevant laws and regulations, combined with the actual situation in the city, the formulation of these regulations.
Second in the administrative area of the city to engage in bidding and tendering activities and supervision and management of bidding and tendering activities, shall comply with the "Chinese People's *** and the State Bidding and Tendering Law" and these regulations.
The bidding and tendering activities for the procurement of goods and services in government procurement shall be governed by the provisions of government procurement laws and regulations.
Article 3 The municipal development and reform department guides and coordinates the city's bidding and tendering work and organizes the implementation of these Regulations.
Construction, commerce, industry, finance, water conservancy, transportation, information industry and other relevant administrative departments in accordance with their respective responsibilities to do the relevant supervision and management work.
Article 4 Engineering construction projects, including investigation, design, construction, supervision and procurement of important equipment and materials related to engineering construction, fall within the scope of the provisions of Article 3 of the "Law of the People's Republic of China on Bidding and Tendering", must be tendered.
Article 5 The government and its relevant departments to select the following projects investors, operators or contractors shall be determined by means of bidding; laws and administrative regulations provide that can be determined by auction and other means, from its provisions:
(a) land, minerals and other natural resources development and utilization of the project;
(b) water supply, gas supply, heating, public **** transportation , sewage and solid waste treatment and other government franchise projects;
(iii) limited public **** resource allocation projects;
(iv) government investment or financing projects;
(v) major scientific research projects organized or funded by the government.
Article 6 Procurement projects of medical equipment and drugs, residential pre-property management projects and other projects decided by the municipal people's government that must be tendered must be tendered.
Article 7 The municipal development and reform department, in conjunction with the relevant administrative departments, shall, in accordance with the relevant laws and regulations and the actual situation in the city, formulate the specific scope and scale standards for the projects listed in Articles 4, 5 and 6 of these Regulations, and submit them to the municipal people's government for approval and implementation.
Article VIII of the project must be tendered in one of the following circumstances, upon approval may not be tendered:
(a) rescue and disaster relief projects;
(b) the use of specific patents or proprietary technology and can not meet the quorum requirement of bidders;
(c) involves national security or state secrets;
(d) laws and regulations there are other provisions.
The preceding paragraph of the project is not bidding, shall be approved by the project approval or approval, filing department; belonging to the city's key projects, shall be approved by the municipal people's government. Laws and regulations on the approval of the main body of other provisions, from its provisions.
Chapter II bidding methods and forms of organization
Article IX bidder bidding can be used in the form of open bidding, can also be used to invite bidding. However, the state and the city regulations must be used in the form of open tendering, the bidder shall open tendering.
Article 10 The following projects must be openly tendered:
(1) all use of state-owned funds for investment, state-owned funds for investment in a controlling or dominant position;
(2) the use of state financing;
(3) the use of loans from international organizations or foreign governments, aid funds;
(4) the projects listed in articles 5 and 6 of these regulations;
(5) the use of state-owned funds;
(6) the use of state-owned funds for investment in the following projects;
Article 9 The bidder shall use public tendering. Projects;
(v) other projects that are required by laws, regulations and rules to be publicly bid.
Article XI must be publicly bidding projects for special reasons is not suitable for public bidding, the project approval or approval, the record department may invite bidding. Belong to the national key projects, shall be approved by the national development and reform departments; belong to the city's key projects, shall be approved by the municipal people's government.
Article XII must be open to bidding, the bidder shall be in the state or the municipal development and reform departments designated media bidding notice.
In two or more media to publish the same project bidding announcement, the content of the announcement shall be consistent.
Article XIII of the project must be tendered, the bidder meets the following conditions can be tendered on their own, and before bidding to the relevant administrative supervision department for the record:
(a) a legal personality;
(b) with the preparation of bidding documents and the organization of tender evaluation activities appropriate professional staff;
(c) with a comprehensive bidding, tender evaluation management system;
(c) with the tender, evaluation of management system;
(d) the bidder shall be required to submit to the relevant administrative supervisory department for the record. /p>
(iv) other conditions prescribed by laws and regulations.
Article XIV of the bidder entrusted bidding, shall entrust the bidding agency with statutory qualifications, and sign a written entrustment agreement with it to clarify the rights and obligations of both parties.
The bidder shall not put forward requirements for the bidding agency that are not in accordance with the laws and regulations on bidding and tendering, and shall not collude with the bidding agency to harm the interests of the State, the interests of the social public ****, and the legitimate rights and interests of others.
Article 15 The bidding agency, the tangible market and other organizations, shall follow the principle of voluntary equality for the bidding and tendering activities to provide services, in accordance with the relevant provisions of the state and the city charges, shall not be forced to bidding and tendering to accept the service.
Chapter III evaluation of the bidding expert pool and evaluation of experts
Article 16 The municipal people's government shall, in accordance with the law, establish cross-industry, cross-region, comprehensive municipal evaluation of the bidding expert pool, the specific formation of the program formulated by the municipal development and reform departments in conjunction with the relevant departments, and reported to the municipal people's government for approval and then implemented.
Related departments, bidding agencies in accordance with the laws, administrative regulations and the relevant provisions of these regulations, may also establish a professional bid evaluation expert pool.
Article 17 The establishment of a pool of bid evaluation experts shall comply with the following conditions:
(1) the number of bid evaluation experts meeting the statutory requirements shall not be less than five hundred;
(2) the classification of specialties is reasonable and can meet the basic requirements for bid evaluation;
(3) the number of bid evaluation experts in each specialty sub-pool shall not be less than twenty;
(4) there is a system that meets the Random selection of bid evaluation experts required by the necessary facilities and conditions;
(v) have specialized personnel responsible for the daily maintenance and management.
Article 18 of the bid evaluation expert pool of experts to implement the appointment system.
Appointed bid evaluation experts shall meet the following conditions:
(1) engaged in the relevant professional field of work for more than eight years, with a senior title or with the same level of professionalism;
(2) familiar with the work of bid evaluation;
(3) familiar with the bidding and tendering related laws, regulations and policies;
(4) able to conscientiousness, fairness, honesty and integrity in the performance of their duties;
(5) have special staff responsible for daily maintenance and management.
(v) be physically capable of evaluating tenders.
Article 19 The evaluation of the expert pool shall establish the work of the experts employed file, the specific circumstances of their participation in the evaluation of the bid to be recorded.
Establishment of bid evaluation expert database of the organization, shall regularly bidding and tender evaluation expert business and legal knowledge training, do not meet the conditions of the bid evaluation expert or not competent to evaluate the work, can be dismissed.
Article 20 of the bid evaluation experts in the bid evaluation activities, according to law, the bidding documents independent evaluation, evaluation of the opinion is not subject to any unit or individual intervention; bid evaluation experts to participate in bid evaluation activities can be obtained in accordance with the law of the remuneration for their services.
Article 21 Bid evaluation experts shall fulfill the following obligations:
(1) objectively and impartially evaluate the bids;
(2) after becoming a member of the bid evaluation committee, keep their identity and bid evaluation items confidential;
(3) before the winning result is determined, they shall not have private contact with the bidders and their interested parties, and shall not accept property or other benefits;
(4) they shall be free to participate in the bid evaluation activities. p>
(4) to take personal responsibility for the proposed evaluation opinions;
(5) to assist and cooperate with the supervision and inspection activities of the administrative supervision department.
Chapter IV Bidding Procedures
Article 22 of the project must be bid in accordance with the law, in accordance with the provisions of the state and the city need to perform the relevant examination and approval or approval, for the record, the bidder shall be in accordance with the project examination and approval, for the record of the department approval or approval, for the record of the contents of the organization of the bidding.
Article 23 The bidder shall publish a notice of solicitation or issue an invitation to bid, which shall contain the following matters:
(1) the name and address of the bidder;
(2) the scope, nature and number of the bidding project;
(3) the place and time of the implementation of the bidding project;
(4) the method of obtaining the bidding documents;
(v) Other matters required by laws and regulations to be set forth.
Article 24 Where a bidder is required to prequalify potential bidders, it shall set out in the bidding notice or invitation to tender the conditions for prequalification, the method of prequalification and the means of obtaining the prequalification documents.
The bidder shall not restrict or exclude potential bidders through pre-qualification.
After pre-qualification, the bidder shall notify in writing the pre-qualification results to the potential bidders who have been pre-qualified. If the conditions for prequalification are met, the bidder shall allow them to participate in the bidding.
Article 25 The bidding documents shall include the following:
(1) information relating to the bidding project such as the scope, scale, implementation of funds, and technical and quality requirements;
(2) requirements for the bidding price and method of calculating the bid;
(3) criteria for qualifying bidders and the supporting documents that the bidders shall provide;
(4) information about the bidding project and the bidders' qualifications; and
(5) information about the bidding project. supporting documents;
(iv) requirements for the preparation of bidding documents;
(v) requirements for the manner, place and deadline for the submission of bidding documents;
(vi) place of opening of bids;
(vii) criteria, methods and principles of determining the evaluation of the bids;
(viii) manner of contract formation and main terms;
(ix) other contents that should be included as stipulated by laws and regulations;
(ix) laws and regulations; and
(ix) the laws and regulations shall include other content.
The bidder requires the bidder to provide a bid bond or other security, shall be specified in the bidding documents.
The bidder to unsuccessful bidders to provide economic compensation for the preparation of tender documents, shall be clear in the bidding documents the specific criteria for compensation.
Article 26 The bidder, in accordance with the provisions of laws and administrative regulations, in accordance with the characteristics and needs of the bidding project, has the right to independently determine the qualification examination standards for bidders, bid evaluation standards, bid evaluation methods and principles for determining the bidding and other content, and no organization or individual shall interfere with.
Article 27 prohibits bidders from engaging in the following acts of collusive bidding with each other or with the bidder:
(1) bidders agreeing with each other to inflate or depress the bidding price;
(2) bidders determining the winner internally among themselves and participating in the bidding with this as the bidding strategy;
(3) agreeing on the bidding price with the bidder before the bidding;
(4) the bidding price of the bidding; and p>
(iv) agreeing with the bidder to mark the bidding documents;
(v) other collusive bidding behavior.
Article 28 The bidder shall form a bid evaluation committee within twenty-four hours prior to the evaluation of bids, and shall not notify the bid evaluation experts of the bid evaluation committee of the contents of the bid evaluation prior to the evaluation of bids.
The bidder shall organize the bidding shall be randomly selected from the legally established bid evaluation expert database. Must be open bidding, the bidder shall be randomly selected from the municipal bid evaluation expert library bid evaluation experts, the relevant administrative supervision department shall be on-site supervision. Special bidding projects can be directly determined by the bidder bid evaluation experts.
Article 29 of the bid evaluation committee to the bidder is responsible for, in the bid evaluation process, independent bid evaluation, free from any organization or individual intervention.
The members of the bid evaluation committee have equal voting rights.
The bid evaluation committee has the right to request the bidder to make necessary clarifications or explanations if the meaning of the contents of the bidding documents is not clear.
Article 30 The bid evaluation committee members of one of the following circumstances, shall apply for recusal; not apply for recusal, the bidder or the administrative supervision department shall immediately stop its participation in the bid evaluation activities after discovery:
(a) is the main person in charge of the bidder or a relative;
(b) is the bidding project of the staff of the administrative supervision department;
(C) has economic interests and other interests with the bidder, which may affect the impartiality of the bid evaluation activities;
(D) laws, rules and regulations stipulate that other should be recused.
The bidder finds that the bid evaluation committee members of the circumstances set forth in the preceding paragraph, may to the bidder or the administrative supervision department to submit a request for evasion.
Article 31 In any of the following cases, the bidding documents shall not enter the bid evaluation:
(1) the bidding documents are not sealed in accordance with the requirements of the bidding documents;
(2) the bidders do not provide guarantees in accordance with the requirements of the bidding documents;
(3) the bidding of the formation of a consortium is not accompanied by the agreement of each party of the consortium to *** with the bidding agreement;
(4) the bidder does not comply with other provisions of the bidding documents. ) does not meet the other requirements of the bidding documents.
Article 32 The bid evaluation committee shall submit a written bid evaluation report to the bidder at the end of the bid evaluation, and recommend to the bidder no more than three qualified candidates for the winning bid with ranking according to the results of the bid evaluation.
Article 33 The bidder shall, on the basis of the written bid evaluation report of the bid evaluation committee and with reference to the ranking of the recommended successful candidates, determine the successful bidder in accordance with the method of finalizing the bid specified in the bidding documents.
Where the bidder authorizes the bid evaluation committee to determine the successful bidder directly, it shall determine the successful bidder in accordance with the ranking of the bid evaluation committee.
The bidder shall determine the successful bidder in accordance with the ranking of the successful candidates recommended by the bid evaluation committee for projects invested wholly or partially with state-owned funds or financed by the state.
Article 34 For projects that must be tendered, the bidder shall, within three days after determining the winning bidder, publicize the results of the winning bid and the list of the members of the bid evaluation committee in the media designated by the state or the municipal department of development and reform, and the period of publicity shall not be less than three days.
If there is no objection or the objection is not established during the publicity period, the bidder shall issue a notice of award to the successful bidder and notify all unsuccessful bidders of the result of the award, and return the bid deposit to the unsuccessful bidder.
Article 35 For projects that must be tendered, the bidder shall, within fifteen days from the date of determining the successful bidder, submit a written report on the bidding and tendering to the relevant administrative supervisory department, which shall include the following:
(1) the bidding documents and the bidding documents of the successful bidder;
(2) the basic information on the mode of bidding and the form of organization;
(3) Qualification of bidders;
(iv) Composition of the bid evaluation committee;
(v) Report on evaluation of bids;
(vi) Result of winning the bid.
The bidder shall keep the bidding report and related information in a safe place.
Chapter V Supervision of Bidding and Tendering Activities
Article 36 The relevant administrative supervisory department shall supervise the bidding activities of the bidder, the agency behavior of the bidding agency and the bid evaluation activities of the bid evaluation committee in accordance with law.
Bidders and other interested parties who believe that the bidding and tendering activities violate the laws, administrative regulations and the provisions of these Regulations may raise objections to the bidder or file complaints with the administrative supervision department.
Any organization or individual may file a complaint or report to the administrative supervisory department for any violation of law in the bidding and tendering activities, and provide relevant evidence.
Article 37 The project approval or approval or filing department shall supervise the illegal acts of bidding for circumventing bidding and violating the content of the approval or approval or filing, and shall receive relevant complaints.
The administrative department in charge of the project shall, according to its duties, supervise other violations of the law in bidding and tendering activities and receive related complaints.
Article 38 The administrative organ as the bidder to conduct bidding activities, the higher administrative organ or the supervisory organ to implement supervision.
Article 39 The department approving the bidding project shall copy the approval result to the competent administrative department of the project within three days from the date of approval.
The relevant administrative supervisory departments shall promptly notify the project approval or approval or filing department of any violation of the laws and regulations on bidding and tendering found in the course of supervision and the approval or approval or filing department shall suspend the execution of the project or suspend the disbursement of funds in accordance with the law.
Article 40 of the city's major construction projects inspectors special commissioners of the city's major construction projects to implement supervision and inspection of bidding activities.
Article 41 The administrative supervisory department shall disclose to the public the channels, scope and conditions of its acceptance of complaints, and maintain the confidentiality of the complainant.
Administrative supervision department receives a complaint, it shall within three working days to inform the complainant whether to accept; not accepted shall be informed in writing of the reasons for its inadmissibility. More than three working days without informing, deemed to be accepted.
Article 42 The administrative supervision department shall, within thirty days from the date of acceptance, according to the following circumstances were dealt with:
(1) the complaint is true, there is indeed a violation of law, according to law, the person responsible for the decision and timely notification of the complainant;
(2) after investigation and verification of the existence of no violation of bidding and tendering, the written to the complainant Explain the results of the investigation.
If a decision cannot be made within the specified time, the administrative supervisory department shall explain the reasons in writing to the complainant.
Article 43 The administrative supervision department shall have the right to retrieve, inspect and copy the relevant documents and investigate and verify the relevant situation in accordance with the law, and the relevant units and personnel shall cooperate.
Chapter VI Legal Liability
Article 44 The project must be bidding one of the following circumstances, the administrative supervision department shall order the bidder to re-tender or re-determine the winning bidder; and may impose a fine of more than 50,000 yuan to less than 200,000 yuan, on the unit directly responsible for the competent personnel and other directly responsible personnel shall be fined more than five percent of the unit fine of less than ten percent:< /p>
(a) the project should be open tender, the bidder without approval to invite tenders;
(b) the invitation to tender bidders do not meet the eligibility requirements;
(c) the number of bidders does not meet the statutory requirements;
(d) should be in accordance with the order of the winning candidate to determine the winning bidder but not in accordance with the order of the determination of the winning bidder.
The bidder shall be liable for any loss caused to the bidder as a result of reopening the bidding or redetermining the winning bidder.
The contract has been partially fulfilled re-tendering or re-determination of the winning bidder, the interests of the public **** may cause greater damage, may not order the bidder to re-tender or re-determination of the winning bidder, in accordance with the provisions of the first paragraph of this Article, the heavier penalties.
Article 45 The bidder or bidding agent of a project that must be tendered has one of the following behaviors, the administrative supervisory department shall be warned and ordered to make corrections; if it refuses to make corrections, it shall be imposed a fine of not less than 5,000 yuan and not more than 50,000 yuan:
(1) not having the conditions for bidding on its own but bidding on its own;
(2) not publishing the bidding announcement on the designated media;
(C) the same tender project bidding announcement or invitation to tender inconsistent content;
(D) the formation of the bid evaluation committee does not meet the statutory conditions;
(E) intervention in the bid evaluation committee to evaluate the bid;
(F) the opening process of the bid is not recorded;
(VII) should be reported on the bidding report but do not report.
Article 46 The management body of the bid evaluation expert pool has one of the following behaviors, the administrative supervision department shall order a deadline for correction; if the correction is not made after the deadline, the administrative supervision department shall order the dissolution of the bid evaluation expert pool and announce it to the public; if there is any illegal income, the illegal income shall be confiscated:
(a) The establishment of the bid evaluation expert pool does not comply with the stipulated conditions;
(b) The experts employed do not comply with the statutory conditions;
(c) The management body of the bid evaluation expert pool is not in compliance with the statutory conditions;
(d) The administrative supervisory department is not in compliance with the statutory conditions.
(3) the evaluation process and results are not recorded in writing and archived;
(4) the hired experts do not conduct the necessary training;
(5) not to establish a personal working file of the hired experts;
(6) violation of the procedures and rules of the provision of experts to evaluate the bids;
(7) leaking to the bidders prior to evaluating the bidding of the selected expert bid evaluation or divulging the bid evaluation items to the selected bid evaluation experts.
Article 47 If a state employee who is responsible for administrative supervision of bidding and tendering activities is negligent in his duties, engages in favoritism, or abuses his power, he shall be given administrative sanctions by the supervisory department and the competent administrative department concerned; if a crime is constituted, he shall be held criminally liable in accordance with the law.
Chapter VII Supplementary Provisions
Article 48 These Regulations shall come into force on February 1, 2005, and shall be implemented.
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