Article 1 In order to strengthen the administrative supervision and management of the bidding and tendering activities in the city, promote the bidding and tendering activities in a healthy and orderly manner, to protect the national interests, the interests of the public and the legitimate rights and interests of the parties involved in the bidding and tendering, in accordance with the "Chinese People's Republic of China *** and the State Bidding and Tendering Law" and other relevant provisions, in conjunction with the actual situation of the city, to formulate the provisional measures.
Second, the bidding and tendering activities within the administrative area of the city, shall comply with the "Chinese People's *** and State Tendering and Bidding Law" and other relevant laws and regulations and these measures.
Article 3 Bidding and tendering activities shall follow the principles of openness, fairness, justice and honesty and credit.
Article 4 No unit or individual shall impose regional blockade and sectoral industry restrictions on bidding and tendering activities.
No unit or individual shall not be the law must be bidding for the project into zero or in any other way to avoid bidding.
Article 5 of the municipal development plan administrative department is responsible for guiding and coordinating the city's bidding and tendering work, in conjunction with the relevant departments to formulate a comprehensive policy on bidding and tendering, coordinating and dealing with the relevant departments in the bidding and tendering activities in the disputes and contradictions.
Counties (cities) and districts are responsible for guiding and coordinating the bidding and tendering work in their administrative areas.
Article 6 The relevant administrative supervisory departments of the municipal people's government shall supervise and manage the bidding and tendering activities in accordance with their respective responsibilities, which shall be divided as follows:
(1) The supervision and management of the bidding and tendering activities of all kinds of housing buildings and their appurtenances, and the installation projects of the lines, pipelines and equipments matching with them, as well as municipal projects, shall be carried out by the competent department of construction administration of the municipality;
(b) the supervision and management of the bidding and tendering activities of the fixed asset investment projects of enterprises in the field of industry and commerce and the technological innovation projects of the city, which are under the responsibility of the municipal administrative department of economic affairs;
(c) the supervision and management of the bidding and tendering activities of the imported electromechanical equipment purchasing projects, which are under the responsibility of the municipal administrative department of foreign trade;
(d) the supervision and management of the bidding and tendering activities of the government purchasing projects, which are under the responsibility of the municipal financial department. supervision and management of government procurement projects, by the municipal finance department;
(v) supervision and management of bidding activities in the procurement of medical equipment and drugs, by the municipal health administrative department;
(vi) supervision and management of bidding activities in the transfer of the right to use state-owned land for business, by the municipal administrative department of land and resources;
(vii) the water supply, gas supply, heat supply Supervision and management of bidding and tendering activities in the selection of investors or operating rights for public works operation projects shall be the responsibility of the municipal administrative department for urban management;
(viii) Supervision and management of bidding and tendering activities in the domestic trade, water conservancy, transportation, information industry and other trades and industrial projects shall be the responsibility of the municipal administrative departments for trade, water conservancy, transportation and information industry, respectively;
(ix) The bidding and tendering activities in the listing of The supervision and management of bidding and tendering activities of key projects in the city shall be the responsibility of the administrative department in charge of municipal development planning.
The relevant administrative supervision departments of the people's governments of counties (cities) and districts shall, with reference to the provisions of the preceding paragraph, carry out administrative supervision and management of the relevant bidding and tendering activities in their respective administrative areas in accordance with their respective duties and authorities.
Article 7 Where the "Chinese People's Republic of China **** and the State Bidding Law" within the scope of Article 3 of the construction project and meet one of the following criteria, must be tendered:
(a) the construction of general contracting for a single contract with an estimated price of 500,000 yuan or more;
(b) important equipment, materials and other goods purchased for more than 500,000 yuan of a single contract with an estimated price of 500,000 yuan or more ;
(C) survey, design, supervision and other services for the procurement of a single contract estimate of more than 300,000 yuan;
(D) a single contract estimate is lower than the standards set out in (a), (b), (c), but the total investment in the project is more than 15 million yuan.
Article 8 The following projects shall use bidding or other means permitted by laws and regulations to determine the project recipient; where bidding is implemented, it shall be included in the scope of projects that must be tendered in accordance with the law:
(1) Selection of investors for government concession projects;
(2) Selection of substitute builders and operators for government-invested or government-financed projects;
(iii) the selection of the right to operate facilities or products monopolized or controlled by the state, such as roads, water supply, electric power, communications and so on;
(iv) the procurement of medical equipment and medicines for medical institutions;
(v) state-funded scientific research projects;
(vi) other projects involving the interests of the social commons and the public safety.
Article IX The administrative department of municipal development plan, together with the relevant administrative supervision departments, in accordance with the provisions of the relevant laws and regulations and the actual situation in the city, is responsible for formulating and adjusting the specific scope and scale standards of the projects listed in Article 7 and Article 8 of the present Measures, and shall report to the Municipal People's Government for approval and then put them into effect.
Article 10 of the law must be bidding projects bidding procedures, laws, rules and regulations have provisions, from its provisions; laws, rules and regulations do not provide, by the municipal development plan administrative department in conjunction with the relevant administrative supervision and management departments to formulate, reported to the municipal people's government for approval and then put into effect.
Article XI of the tender project in accordance with the relevant provisions of the state need to fulfill the project approval procedures, shall first fulfill the approval procedures.
Article XII of the municipal people's government to determine the key construction projects, as well as all the use of state-owned capital investment or state-owned capital investment in a controlling or dominant position in the construction projects, shall be open tender; one of the following circumstances, it is not appropriate to open tender, you can invite bidding:
(a) due to technical complexity, specialization, or other special requirements, as well as by the natural resources and environmental constraints, there are only a few qualified potential bidders to choose from;
(ii) involves national security, state secrets or rescue and relief, suitable for bidding but not suitable for public bidding;
(iii) involves the protection of patent rights;
(iv) the cost of the proposed public bidding is too high in comparison with the value of the project.
Where a project subject to public tendering is required to be subject to invited tendering, the bidder shall, at the same time as the invitation to tender is issued, file it with the project approval department and the relevant administrative supervision department.
Article 13 The bidder shall prepare the bidding documents according to the characteristics and needs of the bidding project. Bidders of government investment and government-financed projects shall prepare bidding documents in accordance with the approved preliminary design program, etc., and promptly file them with the relevant administrative supervision departments.
The bidder shall only charge a labor cost for the bidding documents sold.
Article 14 of the law must be bidding for the project bidding announcement, the bidder in addition to the relevant provisions of the state in the designated newspapers, information networks or other media, shall also be issued in the bidding and bidding in the tangible market.
Article 15 of the project must be bidding by law, the bidder, according to the nature, characteristics and requirements of the bidding project, the bidder believes that there is a need to pre-qualify the bidders, shall prepare the conditions and methods of pre-qualification, in the bidding notice or invitation to tender contained in the bidding notice, and to the relevant administrative supervision department for the record.
Where the bidder of a project such as the procurement of pharmaceuticals intends to limit the number of bidders, it shall set forth in the bidding notice the number of bidders after prequalification and select the bidders on the basis of merit in accordance with the conditions and methods of prequalification; under equal conditions, the bidder shall select the bidders by means of fair competition. The number of bidders after limitation shall not be less than 15.
Where the number of bidders after prequalification and the method of prequalification are not set forth in the tender notice, the bidder shall not restrict the bidders who have met the prequalification criteria from bidding.
The bidder shall not restrict or exclude potential bidders by unreasonable conditions and shall not discriminate against potential bidders.
Article 16 A bidder may entrust a bidding agent to handle the bidding or handle the bidding itself in accordance with law.
Items that must be tendered in accordance with the law, the bidder shall have the ability to prepare the bidding documents and organize the evaluation of bids, and shall file the record with the relevant administrative supervisory and management departments.
The bidder does not have the conditions for bidding, should be entrusted with the appropriate qualifications of the bidding agent for bidding, and sign the proxy contract.
Article XVII of the bidding agency must be established in accordance with the law, engaged in bidding agency business and provide related services to social intermediary organizations.
The bidding agency shall not have affiliation or other interest with administrative organs and other state organs.
The relevant departments shall actively cultivate and regulate the city's bidding agency market, guide the bidding agency to establish industry self-regulatory organizations.
Article 18 The evaluation of bids shall be the responsibility of the bid evaluation committee formed by the bidder in accordance with law. The list of members of the bid evaluation committee shall be kept confidential until the results of the winning bid are determined.
The project must be bidding by law, the bid evaluation committee consists of representatives of the bidder and the relevant technical, economic and other aspects of the evaluation of the bidding experts, the number of members of more than five singular, of which technical, economic and other aspects of the experts shall not be less than two-thirds of the total number of members.
The bid evaluation experts shall be randomly selected by the bidder from the list of experts in the relevant specialties within the bid evaluation expert pool formed in accordance with law; particularly complex technology, professional requirements are particularly high or the state has special requirements of the bidding project, take the random sampling method of determining the experts are difficult to competent, the bidder can be determined by the bidder directly.
The municipal development plan administrative department shall, in conjunction with the relevant departments to establish a unified roster of bid evaluation experts.
Article 19 of the law must bidding projects, the bidder in the proposed bidder before issuing a notice of award, shall promptly the results of the successful bidding at the same time in the bidding and tendering tangible market and other designated media publicity. The period for publicizing the successful bidding results is generally not less than three days. During the publicity period, the bidders and other interested parties have the right to challenge or apply for verification to the bidder and the relevant administrative supervision department.
The bidder shall, within 15 days after the determination of the winning bidder to the relevant administrative supervision department to submit a written report on the bidding and tendering. The written report shall include the following:
(1) the scope of the tender;
(2) the mode of tender and the medium of publication of the tender notice;
(3) the bidding documents in the bidder's instructions, technical terms and conditions, evaluation standards and methods, and the main terms of the contract;
(4) the composition of the bid evaluation committee and bid evaluation report;
(5) the winning bid ) The result of winning the bid.
Article 20 The bidder and the successful bidder shall promptly enter into a written contract in accordance with the bidding documents and the bidding documents of the successful bidder.
The bidder and the successful bidder shall submit a performance security in accordance with the provisions of the bidding documents.
Article 21 The successful bidder shall fulfill its obligations in accordance with the contract and complete the awarded project. The successful bidder shall not transfer the successful project to another person, or dismember the successful project and transfer it separately to another person.
Article 22 The successful bidder, in accordance with the contract or with the consent of the bidder, may subcontract the non-substantial and non-critical part of the work of the successful project to others for completion, and shall be responsible to the bidder for the subcontracted project.
The successful bidder and the unit accepting the subcontract shall sign a written contract. Acceptance of subcontracting unit shall have the appropriate qualifications, and shall be jointly and severally liable for the subcontracting project. The unit accepting the subcontract shall not be subcontracted again.
The bidder shall not expressly or implicitly the successful bidder will be part of the winning project subcontracting to others.
Article 23 Municipalities and counties (cities) and districts may, in accordance with law, set up bidding and tendering service organizations to provide services for bidding and tendering activities in terms of places for opening, evaluating, and publicizing the successful bids as well as information networks.
The bidding and tendering service organization shall not be affiliated with administrative organs, other state organs and bidding agencies or other interests.
The bidding and tendering services shall standardize the content of the service, improve the service facilities, and shall be attached to the bidding and tendering tangible market for the bidders to issue tender notices and publicize the results of the winning bid without compensation.
Article 24 to set up the municipal bidding tangible market, centralized municipal and Haishu District, Jiangdong District, Jiangbei District, Municipal Science and Technology Park, Dongqianhu Tourist Resort for the following bidding matters:
(a) engineering construction projects (including municipal, landscaping, water conservancy, transportation, electric power and other projects) and key engineering projects, design, survey, construction, supervision and important equipment and materials related to engineering construction. construction projects;
(ii) procurement of imported mechanical and electrical equipment;
(iii) procurement of medical equipment and medicines for medical institutions;
(iv) granting of the right to use state-owned land for business purposes;
(v) government procurement;
(vi) other bidding and tendering matters involving the rights and interests of the public and the services of society. Bidding matters.
Article 25 The relevant administrative supervisory departments shall strengthen the supervision and management of bidding and tendering activities, regulate the behavior of the main body of bidding and tendering, and stop unfair competition.
Article 26 The bidder and the bidding agent shall make a detailed record of the process of bidding, opening, evaluation and finalization of the bidding, and shall file the bidding program, bidding documents, bidding announcements, the pre-qualification of bidders, bidding documents, bid evaluation reports, the contract text, the response to the challenge, the decision on the handling of complaints, and other relevant documents and information.
Article 27 The relevant administrative supervision department shall follow up and supervise the performance of the winning contract of the project which must be tendered in accordance with the law, organize spot checks, and publish the results of the spot checks.
The relevant administrative supervision department shall promptly notify the project approval department and the bidder of the problems found in the supervision process, and the project approval department may suspend the implementation of the project according to the situation.
Article 28 The relevant administrative supervision department shall perform its supervisory duties in accordance with the law, shall not arbitrarily increase the bidding approval matters, shall not unlawfully interfere with or infringe upon the bidder to select the bidding agent, preparation of bidding documents, the organization of the bidding qualification examination, the organization of the evaluation of bids and determination of the winning bidder and other matters of autonomy, and shall not be charged irregularly.
Article 29 Any unit or individual has the right to bidding activities in violation of the "Chinese People's Republic of China *** and the State Bidding Law" and the provisions of the act of reporting and complaints. The relevant administrative supervision department receives the report and complaint letter and application for verification letter, must be promptly investigated, processed and replied to.
The relevant administrative supervision department shall keep the confidentiality of the whistleblower and the complainant.
Article 30 of the relevant administrative supervision department shall establish a bidding activities, including bidders, bidders, bidding agencies, bid evaluators and other parties to the bidding activities of credit records and reputation evaluation system, and shall promptly provide the relevant credit records to the municipal enterprise credit information center, into a unified credit information base management.
Article 31 The bidder, the bidder, bidding agency, members of the bid evaluation committee, the relevant administrative departments and their staff behavior in violation of these measures, laws, regulations, departmental rules and regulations of the provincial government, in accordance with the relevant provisions of the legal responsibility; laws, regulations, departmental rules and regulations of the provincial government does not have the provisions of the provisions of these measures shall apply.
Article 32 The bidder violates the provisions of these measures, the municipal people's government to determine the key construction projects and all the use of state-owned funds or state-owned funds accounted for the investment of controlling or dominant position in the construction projects, unauthorized invitations to bidding, the bidding is invalid and shall be dealt with in accordance with the law; to the bidders caused losses, shall bear the responsibility for compensation; of which all the use of state-owned funds or state-owned funds accounted for controlling or dominant position in the construction project. Or state-funded investment in a controlling or dominant position in the project, you can suspend the project implementation or suspension of funds disbursement.
Article 33 of the project must be bid in accordance with the law, the bidder shall publicize the results of the winning bid but not, or the bidder does not publish the bidding notice in the designated place, the results of the winning bid, the relevant administrative supervision and management department shall order it to make corrections within a specified period of time, and may impose a fine of 500 yuan or more than 2,000 yuan.
Article 34 of the project must be bid in accordance with the law, the bidder by bidding below cost price fraudulently winning the bid, the winning bid is invalid, causing losses to the bidder, shall be liable for compensation in accordance with the law; lead to the government investment project contract can not be fully performed by the relevant administrative supervision and management department to cancel its bidding qualifications to participate in the government investment projects for three years to five years, and in the public media exposure.
Article 35 of the relevant administrative supervision department without authorization to increase the number of approval matters, fees and charges and unlawful interference with or infringement of the autonomy of the bidder; for the report or complaint is not dealt with in a timely manner, or does not keep the confidentiality of the informant, by the relevant departments of the unit directly responsible for the supervisory personnel and other personnel directly responsible for the administrative sanctions shall be given according to law.
Administrative supervision department staff to use their powers, unlawful interference or infringement of the autonomy of the bidder, in accordance with the provisions of the preceding paragraph shall be held accountable.
Article 36 These Measures shall February 10, 2004 shall come into force.