Question 1: Which projects must be publicly tendered? Tendering and Bidding Law of the People's Republic of China
Article 3 The following engineering construction projects shall be carried out within the territory of the People's Republic of China, including the survey, design and construction of the project
, supervision and the procurement of important equipment and materials related to project construction must be tendered:
(1) Large-scale infrastructure, public utilities and other projects related to social public interests and public safety;
(2) Projects that use state-owned capital investment or state financing in whole or in part;
(3) Projects that use loans or aid funds from international organizations or foreign governments.
The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with relevant departments of the State Council
and submitted to the State Council for approval.
If the law or the State Council has regulations on the scope of other projects that require bidding, those regulations shall prevail.
Regulations on bidding scope and scale standards for engineering construction projects
Article 2
The scope of infrastructure projects related to social public interests and public safety includes : (1) Energy projects such as coal, oil, natural gas, electricity, and new energy; (2) Transportation projects such as railways, highways, pipelines, water transportation, aviation, and other transportation industries; (3) Postal services, telecommunications hubs, communications, Information networks and other postal and telecommunications projects; (4) Flood control, irrigation, drainage, water diversion (supply), tidal flat management, soil and water conservation, water conservancy hubs and other water conservancy projects; (5) Roads, bridges, subway and light rail transportation, sewage discharge and treatment , garbage disposal, underground pipelines, public parking lots and other urban facility projects; (6) Ecological environment protection projects; (7) Other infrastructure projects.
Article 3
The scope of public utility projects related to social public interests and public safety includes: (1) Municipal projects such as water supply, power supply, gas supply, and heating supply Projects; (2) Science and technology, education, culture and other projects; (3) Sports, tourism and other projects; (4) Health, social welfare and other projects; (5) Commercial housing, including affordable housing; (6) Other public utility projects .
Article 4
The scope of investment projects using state-owned funds includes: (1) Projects using fiscal budget funds at all levels; (2) Using various funds included in financial management * Projects of special construction funds; (3) Projects that use self-owned funds of state-owned enterprises and institutions and for which state-owned asset investors actually have control.
Article 5
The scope of state financing projects includes: (1) Projects using funds raised by the state’s issuance of bonds; (2) Projects using funds raised by the state’s external loans or guarantees Projects; (3) Projects using national policy loans; (4) Projects financed by state-authorized investment entities; (5) Financing projects chartered by the state.
Article 6
The scope of projects using funds from international organizations or foreign governments includes: (1) Projects using loan funds from international organizations such as the World Bank and the Asian Development Bank; (2) Projects using loan funds from foreign governments and their institutions; (3) Projects using aid funds from international organizations or foreign governments.
Article 7
Various engineering construction projects within the scope of Articles 2 to 6 of these Regulations, including project survey, design, construction, supervision and engineering construction If the procurement of relevant important equipment, materials, etc. meets one of the following standards, bidding must be conducted: (1) The estimated price of a single construction contract is more than 2 million yuan; (2) The purchase of important equipment, materials, etc. The estimated contract price is more than RMB 1 million; (3) For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than RMB 500,000; (4) The estimated price of a single contract is lower than (1), The standards specified in items (2) and (3), but the total investment amount of the project is more than 30 million yuan.
Article 8
If the survey and design of a construction project adopt specific patents or proprietary technologies, or if there are special requirements for its architectural artistic shape, it may be approved by the project authority. No bidding will be conducted.
Article 9
If a project that requires bidding in accordance with the law is entirely invested with state-owned funds or has a controlling or dominant position, the project shall be open to bid. Tendering and bidding activities are not restricted by regions or departments, and no discriminatory treatment is allowed against potential bidders. ...gt;gt;
Question 2: Which projects must be tendered? Answer: 1. Project scope: The following engineering construction projects shall be carried out within the administrative region of this province, including project survey, design, construction and supervision. As well as the procurement of important equipment, materials, etc. related to project construction, bidding must be conducted: (1) Large-scale infrastructure, public utilities and other projects related to social interests and public safety; (2) All or part of the use of state-owned funds Projects invested or financed by the state; (3) Projects using loans and aid funds from international organizations or foreign governments. 2. Scale standards that require bidding according to law: (1) For the procurement of survey, design, supervision and other services, the single contract estimate is more than 300,000 yuan; (2) The single construction contract estimate is more than 1 million yuan or the construction area is 2,000 yuan More than square meters; (3) For the procurement of important equipment, materials and other goods, the single contract estimate is more than 500,000 yuan; (4) The single contract estimate is lower than the scale standards specified in the first three items, but meets one of the following standards : A. The total investment amount is more than 20 million yuan; B. The amount of using fiscal budget funds at all levels, various special construction funds included in financial management or administrative fee funds, and state financing is more than 1 million yuan of.
Question 3: Which projects require bidding? Article 3 of the "Tendering and Bidding Law of the People's Republic of China"
The following projects shall be constructed within the territory of the People's Republic of China Projects include project survey, design, construction, supervision, and the procurement of important equipment and materials related to project construction, and bidding must be conducted:
(1) Large-scale infrastructure, public utilities, etc. related to social welfare* Projects involving public interests and public safety;
(2) Projects that use state-owned capital investment or state financing in whole or in part;
(3) Projects that use international organizations or foreign governments Loans and aid funding projects.
The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with relevant departments of the State Council and submitted to the State Council for approval.
Please also refer to the "Standard Regulations on the Scope and Scale of Bidding for Engineering Construction Projects" baike.baidu/...RyCEHF
Article 7 The scope of Articles 2 to 6 of these Regulations All types of engineering construction projects, including project survey, design, construction, supervision and the procurement of important equipment and materials related to engineering construction, must be tendered if they meet one of the following standards:
(1) The estimated price of a single construction contract is more than 2 million yuan;
(2) The estimated price of a single contract for the purchase of important equipment, materials and other goods is more than 1 million yuan;
(3) For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than RMB 500,000;
(4) The estimated price of a single contract is lower than that of (1), The standards specified in items (2) and (3), but the total project investment is more than 30 million yuan.
Question 4: What are the projects that must be tendered? (1) Scope of engineering construction projects that must be tendered
According to Article 3 of the "Tendering and Bidding Law", in the People's Republic of China *** The following engineering construction projects within the territory of China, including project survey, design, construction, supervision and the procurement of important equipment and materials related to engineering construction, must be tendered:
(1) Large-scale infrastructure, Public utilities and other projects related to social public interests and public safety;
(2) Projects that use state-owned capital investment or state financing in whole or in part;
(3) Use Projects with loans and aid funds from international organizations or foreign countries.
[Key Analysis]
1. The scope of projects that must be tendered should be accurately understood. At the same time, it should be noted that the content of the tender includes survey, design, construction, supervision, and important equipment and materials. Procurement (don’t forget the word “important”).
2. If private investment projects meet the conditions in “1”, they must also invite bids. Such as privately invested commercial housing projects.
(2) Scale standards for projects that must be tendered
The above-mentioned types of engineering construction projects stipulated in the "Regulations on the Bidding Scope and Scale Standards of Engineering Construction Projects" include the survey, design, If the construction, supervision, and procurement of important equipment and materials related to project construction meet one of the following standards, bidding must be conducted:
(1) If the estimated price of a single construction contract is more than 2 million yuan, ;
(2) Procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 1 million yuan;
(3) Survey, design, supervision and other services For procurement, the estimated price of a single contract is more than RMB 500,000;
(4) The estimated price of a single contract is lower than the standards specified in items 1, 2, and 3. However, the total investment amount of the project is more than RMB 30 million.
[Key Analysis]
1. The above amount regulations must be accurately grasped, especially when the total investment of the project is more than 30 million yuan.
2. The currency unit is RMB. Please pay attention to the measurement unit when answering the questions. For example, if you don’t see the word “dollar” clearly for an option like “Projects with a single construction contract estimated price of US$1 million do not require bidding,” you may mistakenly think it is the correct option.
3. We should pay attention to the terms "the above-mentioned types" mentioned above. The meaning of these words is that only projects that meet the above "tender scope" and meet the following standards are projects that must be tendered.
In other words, a project must be subject to bidding. The project must meet two conditions: it must fall within the bidding scope and meet the corresponding standards. Both are indispensable. However, projects that do not meet both of the above conditions can be tendered even though they are not required to be tendered.
(3) Engineering construction projects that do not require bidding
If the construction project does not disdain projects that require bidding, it may or may not require bidding. However, even if the project meets the conditions for a project that requires bidding but falls under certain special circumstances, it is not necessary to bid.
Question 5: What are the requirements for bidding? Production of tender documents
1. Question: What content does a user’s tender document generally include?
Answer: The format of the standard domestic competitive bidding document is based on the Chinese version of the World Bank loan project template, and its basic structure is fixed:
◆ Bidding Instructions
p>◆ Bidder qualifications
◆ Bidding documents
◆ Bidding documents
◆ Bid evaluation
◆ Contract award
◆ Contract Terms
However, in some local projects, the content of the tender document only contains part of the content in this template, but the bidding instructions, bidding documents, and contract terms are required of.
2. Question: What are the contents of the bidding instructions?
Answer: The bidding instructions are to inform the bidders of the business considerations regarding the bid and to enable the bidders to clearly understand the precautions for the bidding. The bidding instructions include the following:
Project Name, name of the customer, number of bids, bid address, bid deadline, bid deposit, bid validity period and bid evaluation considerations, etc.
3. Question: What are the requirements for bidder qualifications?
Answer: Generally, there are specific requirements for company size, performance and manufacturer credit. Manufacturers that cannot meet the requirements are deemed to be ineligible for bidding. In some bidding projects, the good qualifications of the bidder will be used in the bid evaluation. Lieutenant General will play a role of extra points.
4. Question: What content is required in the bidding documents?
Answer: These include bidding instructions, contract terms, technical specification requirements, etc. The formal bidding document will require an item-by-item response to the technical specification requirements of the bidding document, as well as some explanations and clarifications on the bidding project. All these contents should be read in detail one by one and responded to, because the user's needs are completely reflected in the bidding document. Whether the user's needs can be truly grasped and clearly understood, the bidding document is the most direct way.
5. Question: What are the user’s requirements for tender documents?
Answer: ◆Make specific provisions on the composition of the bidding document: content
◆Preparation of the bidding document: format and sequence
◆Format of the bidding quotation: Format of the quotation form
◆ Submission of bid documents: submission format, sealed form
◆ Cost of bid documents: content of cost sharing
◆ Contents of bid documents Clarification: Communication form regarding clarification content
◆ Bid security deposit: amount and form
6. Question: What content is included in the description of bid evaluation in the bidding document?
Answer: Basis for bid evaluation: explain the basic principles for evaluating bids;
Composition of the bid evaluation team: the personnel who form the bid evaluation team, generally including users
Representatives, bidding company representatives, expert representatives, etc.;
The tenderer clarified: Regarding the description of the conditions for winning the bid, it generally states that it does not promise to win the bid at the lowest
price, and there is no Obligation to explain the reasons for not winning the bid.
Bid evaluation factors: State the key factors that affect the bid evaluation results, such as price, service,
quality, etc., so that the bidder can respond in detail in these aspects to meet the user's needs.
Requirements.
7. Question: What should the tenderer and the winning bidder pay attention to when awarding a contract?
Answer: How to send the bid winning notice
Effectiveness of the signing of the contract
The right to change the quantity of the contract
The right to reject the bid
Increase ordering options
8. Question: What aspects should be paid attention to in the content of the contract terms?
Answer: Delivery time
Payment method
Delivery, shipping and acceptance
Service
Warranty
Technical Support
9. Question: What is a bid deposit and how to operate it?
Answer: Purpose: In order to ensure the effectiveness of the bidding, the tenderer collects each bid during the bidding
to ensure the credibility of the bidder and prevent unilateral withdrawal of the bid after the bidding
>Form: cash check or bid deposit guarantee letter issued by the bank
Amount: 2% of the total bid price
Submission: issued at the same time as the bid, otherwise the bid will be deemed invalid
10. Question: What are the general requirements for sealing tender documents?
Answer: The bid quotation and bid deposit shall be sealed separately, and the sealing part shall be stamped with a valid seal;
The original and copy of the bid document shall be sealed separately and sealed in the bid document
Separately indicate the project name, bidder, etc. on the sealing strip.
11. When doing bidding projects, what are the time control points? How to master it?
Answer:
◆ Time for issuing/selling bids: Users can purchase bids from the official notification of the start of selling bids to the closing date of bids
. Only after purchasing bids Only companies of 100% are eligible to participate in the bidding
.
The time is very serious.
◆ Bid opening time: The time for public bidding mentioned in the bid document is usually at the formal...gt;gt;
Question 6: The bidding conditions should be met Which ones? Article 9 of the "Tendering and Bidding Law" stipulates: If a bidding project requires project approval procedures in accordance with relevant national regulations, the approval procedures must be completed first and approval is obtained. The tenderer should have the response funds to carry out the bidding project or the source of funds has been secured. That is, completing the project approval procedures and confirming the source of funds are two basic conditions that must be met before bidding for a project. Among them, the requirements for approval of bidding projects include two aspects: first, whether the construction project itself has gone through the procedures and obtained approval in accordance with the current project approval management system; second, whether the bidding matters have been declared in accordance with the regulations for projects that are required to be bid according to the law. approval procedures.
Question 7: Which construction projects must be publicly tendered? These specific issues are directly related to the implementation of the "Tendering and Bidding Law". With the approval of the State Council, the State Planning Commission recently issued the "Regulations on the Scope and Scale Standards for Bidding for Engineering Construction Projects" and will be implemented nationwide starting this month. The "Regulations" further define the scope of projects that must be tendered according to law as: infrastructure projects related to social public interests and public safety, including energy, transportation, post and telecommunications, water conservancy, urban facilities, ecological environment protection and other projects; Public utility projects related to public interests and public safety, including municipal engineering, science and technology, education, culture, health, social welfare, commercial housing and other projects; investment projects using state-owned funds; national financing projects; using international organizations or foreign countries *** Funded Project.
The "Regulations" also point out that all types of engineering construction projects within the scope of the above regulations must be tendered if they meet one of the following standards: first, the estimated price of a single construction contract is more than 2 million yuan; second, important equipment, materials, etc. For the procurement of goods, the estimated price of a single contract is more than RMB 1 million; the third is the procurement of services such as surveying, design, supervision, etc., the estimated price of a single contract is more than RMB 500,000; the fourth is the estimated price of a single contract is lower than the above standards, but The total investment amount of the project is more than 30 million yuan. In order to maximize the economic benefits of state-owned funds and promote full competition, the "Regulations" specifically require: Projects that are fully invested with state-owned funds or have a controlling or dominant position in state-owned funds shall implement public bidding, and bidding activities shall not be subject to regional or departmental restrictions. restrictions and no discriminatory treatment against potential bidders
Question 8: What materials are required for project bidding? The following materials should be submitted:
(1) "**** Project Bidding Agency Qualification Application Form" (formatted text, 2 copies);
(2) A copy of the enterprise's legal person business license or industrial and commercial pre-registration document, or a copy of the social organization's legal person registration certificate;
(3) Copy of capital verification document within the past 6 months;
(4) Copy of real estate certificate of the office space or copy of legal and complete lease contract;
(5) Employment documents, professional title certificates or academic certificates, and copies of ID cards of the person in charge of the enterprise, technical and economic managers;
(6) ****Professional titles of engineering technology and economic management personnel Copies of certificates or academic certificates, ID cards;
(7) Copies of **** construction project budget estimator qualification certificates;
(8) Social insurance certificates for all employees Documents and labor contract certification documents of engineering technical and economic management personnel;
(9) Copies of relevant project performance materials.
The applicant shall also provide the original copy of the relevant certificate, which shall be verified by the accepting authority and returned to the applicant.
Question 9: What conditions must be met for public bidding? What conditions need to be met for public bidding?
Open bidding (Open Tendering), Article 10, Paragraph 2 of the Bidding and Bidding Law stipulates that open bidding, also known as unlimited competitive bidding, is a type of tendering conducted by the tenderer in accordance with legal procedures. , publish a bidding announcement in a public publication, and all qualified suppliers or contractors can participate in the bidding competition on an equal basis, and the bidding method of the winning bidder will be selected based on the best.
According to the provisions of this article, public bidding must meet the following conditions:
(1) The bidder must submit bids to unspecified legal persons or other organizations (some scientific research project bidding is also open to the public) Tenders may include individuals) issuing invitations to bid in public tenders. The tenderer shall publish information about its bidding projects, specific equipment or project contents to be purchased through public media that are familiar to the public, and extend invitations to unspecified people. Any legal person or other organization or individual that believes that it meets the requirements of the tenderer has the right to request the bidding documents from the tenderer and submit a bid at that time. When public bidding is adopted, the tenderer shall not use any excuse to refuse to sell bidding documents to qualified bidders. For projects that require bidding according to law, the tenderer shall not illegally restrict any potential bidder from participating in the bidding on the basis of different regions or departments.
(2) Public bidding must take the form of an announcement to clearly indicate its bidding requirements to the public, so that as many potential bidders as possible can obtain bidding information and come to bid, thereby ensuring the openness of public bidding. In real life, people often see XXX bidding notices in newspapers. This method is the public bidding method. Other methods of soliciting bids, such as sending letters to individual suppliers or contractors, are not public announcements and should not be adopted by public tenderers. There are many ways to publish bidding announcements, such as newspapers, radio, the Internet and other public media.
The advantage of public bidding is that it can select bidders to the maximum extent, is more competitive, and has a higher selection rate. At the same time, it can also avoid bribery in bidding activities to a large extent. Therefore, international *** procurement usually Take this approach.
Question 10: What are the projects that require bidding according to the law? According to Article 3 of the "Tendering and Bidding Law of the People's Republic of China", the following project construction is carried out within the territory of the People's Republic of China The project includes project survey, design, construction, supervision, and the procurement of important equipment and materials related to project construction, and bidding must be conducted:
(1) Large-scale infrastructure, public utilities, etc. related to social welfare* Projects involving public interests and public safety;
(2) Projects that use state-owned capital investment or state financing in whole or in part;
(3) Projects that use international organizations or foreign governments Loans and aid funding projects.