Xiangnongfa [2022] No.34
Municipal, county, urban agriculture and rural bureau, each office and each directly affiliated unit:
In order to further standardize the bidding activities of agricultural engineering construction projects in the province, the measures for the administration of bidding for agricultural engineering construction projects in Hunan Province are hereby printed and distributed to you, please follow them.
Hunan Provincial Department of Agriculture and Rural Affairs
May 2022 10
Measures for the administration of bidding for agricultural engineering construction projects in Hunan Province
Chapter I General Provisions
Rule number one In order to standardize the tendering and bidding activities of agricultural engineering construction projects, strengthen supervision and management, protect national interests, social interests and the legitimate rights and interests of all parties involved in tendering and bidding activities, improve investment efficiency and ensure project quality, according to the Bidding Law of People's Republic of China (PRC), the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), the Measures for Electronic Bidding and Bidding, the Measures for the Implementation of the Bidding Law of People's Republic of China (PRC) in Hunan Province and other laws and regulations, and the General Office of the Hunan Provincial People's Government on establishing and perfecting a long-term mechanism for bidding and bidding supervision,
Rule number two Within the administrative region of this province, these Measures shall apply to the bidding of agricultural engineering construction projects that must be subject to bidding according to law.
Agricultural engineering construction projects refer to agricultural engineering and goods and services related to agricultural engineering construction.
The agricultural projects mentioned in the preceding paragraph include new construction, reconstruction and expansion of buildings and structures in agricultural engineering construction projects such as planting, animal husbandry (veterinary), fishery (fishing port), farmland construction and agricultural ecology, as well as related decoration, demolition and repair projects; Goods refer to equipment, materials, etc. It is an inseparable part of agricultural engineering and a necessary condition to realize the basic functions of the engineering; Service refers to the survey, design and supervision required to complete agricultural projects.
Rule three. Agricultural engineering construction projects that must be subject to tender according to law include state-owned capital investment or state-funded projects, as well as large-scale infrastructure, public utilities and other investment projects involving social public interests and public safety.
Among them, state-owned capital investment projects include government investment projects, as well as projects that use the funds of state-owned enterprises and institutions and the funds occupy a controlling or leading position.
All kinds of agricultural engineering construction projects within the above-mentioned bidding scope must be subject to bidding in accordance with the scale standards stipulated by the state.
Survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction can be combined in the same project, and if the estimated total contract price reaches the standard specified in the preceding paragraph, an invitation to tender must be conducted.
If the scale standards of the Provisions on Bidding for Engineering Projects and the Provisions on the Scope of Bidding for Infrastructure and Public Utilities Projects are not met, the tenderee shall independently choose the procurement method according to law, and no unit or individual may illegally interfere; Among them, involving government procurement, in accordance with the provisions of government procurement laws and regulations.
Article 4? All the bidding and tendering of agricultural engineering construction projects that must be publicly tendered enter the legally established public resource trading platform for trading.
Implement the whole process of electronic bidding. For the construction projects entering the public resource trading center, except for special projects such as confidentiality, the whole process of electronic bidding will be implemented.
Provincial agricultural and rural administrative departments shall formulate the specific scope and standards of projects that should be evaluated remotely. Qualified construction projects that must be tendered according to law will be fully evaluated remotely in different places. The project administrative supervision department shall make it clear before the tender documents are approved. For projects below the above standards, remote bid evaluation in different places is encouraged.
Article 5? The bidding for agricultural engineering construction projects shall be under unified leadership and managed at different levels.
Provincial agricultural and rural administrative departments are responsible for guiding the bidding activities of agricultural engineering construction projects in the province, and directly supervising and managing the bidding activities of agricultural engineering construction projects authorized by national ministries and commissions and approved at the provincial level.
The municipal administrative department of agriculture and rural areas is responsible for guiding the bidding activities of agricultural engineering construction projects within their respective administrative areas, and directly supervising and managing the bidding activities of agricultural engineering construction projects within their respective administrative areas authorized by the municipal administrative department of agriculture and rural areas at higher levels.
The administrative departments of agriculture and rural areas at the county level shall be responsible for the supervision and management of the bidding activities of agricultural engineering construction projects authorized by the administrative departments of agriculture and rural areas at the county level within their respective administrative areas.
The administrative department of agriculture and rural areas, as the bidding subject of agricultural engineering construction projects, shall accept the supervision and management of the administrative department of agriculture and rural areas at a higher level.
Article 6? It is forbidden for any unit or individual to illegally interfere in bidding activities in any way. Establish and improve the registration and filing reporting system for leading cadres and other state staff who interfere in bidding activities in violation of regulations.
Article 7? The tendering and bidding activities of agricultural engineering construction projects shall follow the principles of openness, fairness, impartiality and good faith.
Chapter II Bidding
Article 8? The tender for agricultural engineering construction projects shall be subject to the tenderer responsibility system. The tenderer shall establish and improve the internal restraint and supervision mechanism of bidding activities, and strengthen internal supervision in key links such as formulating bidding plans, organizing bidding activities, handling objections and cooperating with handling complaints.
Article 9? Before the project bidding, the tenderee shall prepare the project investment budget in strict accordance with relevant regulations. The budget shall be evaluated by the financial investment evaluation institution, and the financial investment evaluation shall strictly implement the relevant national laws, regulations and budget provisions, adhere to the principles of objectivity, fairness, impartiality and science, and cannot reduce the project cost without basis.
Article 10? According to the particularity of the project construction, the tenderee can reasonably divide the bid sections, determine the construction period, put forward the target requirements of quality, safety and environmental protection, and make them clear in the tender documents. Bid division should be conducive to project organization and construction management, and to the cohesion and cooperation of various professions.
Items that must be subject to tender according to law shall not be broken into parts or evaded by any other means such as cooperation agreements, meeting minutes and documents.
A tenderer shall not restrict or exclude potential bidders with unreasonable conditions.
A tenderer may bid separately for the survey, design, construction and supervision of the project, or bid for the whole process of project consultation and general contracting.
Article 11? In accordance with the relevant provisions of the state, the project approval procedures must be fulfilled, and the agricultural engineering construction project must be subject to bidding according to law. The tenderer shall conduct bidding according to the bidding scope, bidding method and bidding organization form determined by the project approval department.
Article 12? The bidding methods of agricultural engineering construction projects are divided into open bidding and invitation bidding.
For projects that must be subject to tender according to law, if state-owned funds occupy a controlling or leading position, public bidding shall be conducted; In accordance with the provisions of laws and regulations, after approval, the invitation to bid can be adopted.
Thirteenth bidding organization form can be entrusted bidding, that is, entrusting an agency with corresponding capabilities to handle bidding matters, and the tenderer shall select a bidding agency in accordance with relevant regulations. No unit or individual may designate a tendering agency for the tenderee in any way. A project legal person with the ability to prepare bidding documents and organize bid evaluation can also handle bidding matters on its own. For a project that must be subject to tender according to law, if the tenderer handles the tender by himself, it shall file with the administrative department of agriculture and rural areas.
Article 14 Where public bidding is adopted, the tenderee or its tendering agency shall issue a tender announcement. If it is necessary to publish, clarify, modify or change the tender announcement and publicity information of a project subject to tender according to law, it shall be published through the designated media of the provincial development and reform and the agricultural and rural departments.
Fifteenth agricultural engineering construction projects are encouraged to adopt the post-qualification examination method, and the qualification examination shall be carried out in accordance with the standards and methods stipulated in the tender documents.
Article 16 A tenderee or its tendering agency shall prepare pre-qualification documents and tender documents according to relevant national and provincial regulations and standard texts, and specify the tender conditions and bid evaluation methods; At the same time, the tender documents should make it clear that the winning bidder should insure the safety production liability insurance for the project. Actively and steadily promote the pilot project quality insurance.
When stipulating the qualifications of bidders, project performance, bid evaluation methods and other conditions, the tenderer shall not set unreasonable conditions, have no market access restrictions stipulated by law, and shall not discriminate against employees whose punishment period has expired. According to the relevant national qualification management regulations, the tenderee shall not take the performance of similar projects as the bidding qualification condition for the projects that can be undertaken by the unit with the lowest qualification level of relevant majors.
Article 17? Projects that must be subject to tender according to law shall not be less than 20 days from the date when the tender documents are issued to the deadline when the bidders submit their tender documents.
Article 18? Where a tenderer requests a bidder to submit a bid bond in the tender documents, the bid bond shall not exceed 2% of the estimated price of the project subject to tender. The validity period of the bid bond shall be consistent with the validity period of the bid.
The deposit can be submitted by cash, check, letter of guarantee, commitment, etc. If the bidder submits the deposit in cash or check, the deposit will be transferred from the basic deposit account to the special deposit account, and the tenderer shall not misappropriate it. If the state has other provisions on the form of deposit submission, such provisions shall prevail.
For a project subject to tender by the evaluated lowest bid price method, the tenderer shall require the winning bidder to submit a guarantee to guarantee the performance of the obligations under the project construction contract. The performance guarantee can be cash, bank guarantee issued by the bank, guarantee (insurance) issued by the guarantee (insurance) company, etc. If the winning bidder fails to submit the performance guarantee according to the requirements of the tender documents, the tenderer shall cancel the qualification of winning the bid and the bid bond will not be returned.
Chapter III Bidding
Nineteenth bidders should have the ability to undertake the project subject to tender; If the relevant provisions of the state stipulate the qualifications of bidders or the bidding documents stipulate the qualifications of bidders, the bidders shall meet the prescribed qualifications.
If a consortium bids, it shall have the qualification and ability to undertake the corresponding work contents in the consortium division agreement. A consortium composed of units of the same major shall determine the qualification level according to the units with lower qualification level corresponding to their respective work scope, and the credit level of the consortium shall be determined according to the units with lower credit level. For a consortium composed of different professional units, each member unit in the consortium can only undertake projects within their respective qualification categories and grades, and the credit rating of the consortium shall be determined in accordance with the provisions of the tender documents. The tenderer shall not force bidders to form a consortium to bid together. If the parties to a consortium bid separately in their own names or participate in the bidding of other consortia in the same bidding project, the relevant bidding is invalid.
Article 20? Legal persons, other organizations or individuals whose interests may affect the fairness of bidding may not participate in bidding.
If the person in charge of the unit is the same person or different units with holding and management relations, they shall not participate in the bidding of the same bid section or the bidding of the same project subject to tender without dividing the bid section.
In violation of the above provisions, the relevant bidding is invalid.
Article 21? The bidder shall prepare the bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements and conditions put forward in the bidding documents.
If the bidder needs to correct or supplement the submitted bidding documents, it shall submit formal correction and supplement documents to the tenderer before the deadline for bidding, but they shall meet the requirements of the bidding documents.
Article 22? It is forbidden for bidders to collude with each other in bidding, to collude with each other in bidding, to bid in the name of others and to resort to deceit in other ways, and to implement the relevant provisions of the Regulations on the Implementation of the Bidding Law of People's Republic of China (PRC) as the recognition standard.
Chapter IV Bid Opening
Article 23? The tenderer shall open the bid at the time and place specified in the tender documents. If there is a pre-tender estimate, it shall be published.
The electronic bid opening shall be conducted in public on the electronic bidding trading platform according to the time specified in the bidding documents, and all bidders shall participate in the online bid opening on time and decrypt it online on time in the manner specified in the bidding documents. Failure to decrypt the bid documents due to the bidder's reasons shall be deemed as revocation of the bid documents; If the bid documents cannot be decrypted due to reasons other than the bidder, it shall be deemed that the bid documents have been withdrawn.
If there are less than three bidders, the bid opening shall not be allowed, and the bid documents shall not be opened or decrypted.
If a bidder has any objection to the bid opening, it shall raise it at the bid opening site or through the electronic bidding trading platform, and the tenderer or bidding agency shall reply on the spot and make records.
Article 24? In any of the following circumstances, the tenderer shall reject the bid documents:
(a) the bid documents are delivered late;
(two) not sealed in accordance with the requirements of the tender documents;
(three) the electronic tender is delivered after the deadline for bidding;
(four) the applicant who submitted the bidding documents failed to pass the pre-qualification;
(five) other circumstances in which the bidding documents can be rejected as stipulated by laws, regulations and rules.
The tenderer shall truthfully record the delivery, sealing and rejection of the bid documents and file them for future reference.
Chapter V Bid Evaluation and Selection
Article 25? The bid evaluation shall be the responsibility of the bid evaluation committee established by the tenderer according to law. The bid evaluation committee is generally composed of more than 5 singular members, and the expert members of the bid evaluation committee shall be randomly selected from the provincial comprehensive bid evaluation expert database in accordance with the relevant provisions. The professional quality and ability of the members of the bid evaluation committee shall meet the bid evaluation requirements of the project subject to tender.
For a project subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and relevant technical and economic experts, of whom the number of technical and economic experts shall not be less than two thirds of the total number of members. In principle, the tenderer shall not send representatives to participate in the bid evaluation committee. For projects with complex technology, special requirements and strong professionalism, the tenderer may send 1 representatives to participate in the bid evaluation committee after submitting a written application and being approved by the administrative department of agriculture and rural areas, and the tenderer shall meet the requirements of relevant laws and regulations for bid evaluation experts on behalf of the judges.
For the project subject to tender with complex technology, strong professionalism or special requirements of the state, if the experts determined by random method are incompetent, they can be directly determined by the tenderer after being approved by the administrative department of agriculture and rural areas.
Article 26? Agricultural and rural administrative departments shall, in accordance with the prescribed division of responsibilities, supervise and manage the methods for determining the members of the bid evaluation committee, the selection of bid evaluation experts and bid evaluation activities.
Personnel from the competent department of the project or the supervision and management department of bidding and tendering, as well as those who have an interest in the bidder, shall not participate in the bid evaluation committee or bid evaluation activities.
Article 27? On-site bid evaluation should be conducted in the public resource trading center, and the bid evaluation activities should be physically and information isolated from the outside world. The whole process of bid evaluation should be supervised and recorded by audio and video monitoring. Except the members of the bid evaluation committee and the administrative personnel in charge of bidding, no other personnel may enter the bid evaluation area; Unless otherwise stipulated by the state, such provisions shall prevail.
Electronic bid evaluation should be conducted on the electronic bidding trading platform of legally established bidding trading places under the environment of effective monitoring and confidentiality.
Article 28? Members of the bid evaluation committee shall, in accordance with the provisions of relevant laws and regulations and in accordance with the bid evaluation standards and methods stipulated in the tender documents, objectively and fairly put forward evaluation opinions on the bid documents. The bid evaluation criteria and methods not specified in the tender documents shall not be used as the basis for bid evaluation. Except for major deviations clearly stipulated in laws, regulations, rules and bidding documents, other deviations are regarded as minor deviations. It is strictly forbidden for the bid evaluation committee to arbitrarily expand the scope of identification of major deviations in bid evaluation.
Members of the bid evaluation committee shall abide by the provisions of the state and the province on bid evaluation, conduct bid evaluation objectively and impartially, and resist and report illegal acts in the process of bid evaluation; The problems found in the process of bid evaluation shall be dealt with according to law or put forward suggestions to the tenderer, and recorded in writing; Obtain labor remuneration according to law.
Members of the bid evaluation committee shall accept the supervision and inspection of the administrative departments of agriculture and rural areas, and bear corresponding legal responsibilities for the bid evaluation opinions put forward.
Article 29? The evaluation methods of agricultural engineering construction projects can adopt the comprehensive evaluation method, the lowest evaluated bid price method and other evaluation methods permitted by laws and regulations.
Article 30? In any of the following circumstances, the bid evaluation committee shall reject its bid:
(a) the tender documents are not stamped by the tenderer and signed by the person in charge of the unit;
(two) the bidding consortium did not submit the * * * and the bidding agreement;
(three) the bidder does not meet the qualifications stipulated by the state or the tender documents;
(4) The same bidder submits two or more different bid documents or bid quotations, except that the tender documents require the submission of alternative bid documents;
(five) the bid price is lower than the cost or higher than the highest bid price limit determined in the tender documents;
(six) the bid documents did not respond to the substantive requirements and conditions of the tender documents;
(seven) bidders have colluded in bidding, fraud, bribery and other illegal acts.
Article 31? In any of the following circumstances, the tenderer shall re-invite tenders according to law:
(1) There are less than three potential bidders who have obtained the prequalification documents or bidding documents;
(two) before the deadline for submission of bid documents, there are less than three bidders;
(3) Less than three applicants have passed the prequalification;
(four) after the evaluation of the bid evaluation committee, all the bidding documents were rejected;
(five) there are less than three effective bidders, and the bid evaluation committee considers that the bid is obviously lacking in competition, and rejects this bid;
(six) all the successful candidates can not be determined as the winning bidder according to law.
If the winning bidder cannot be determined after re-bidding for the above reasons, the project subject to examination and approval (approval) shall not be invited for bidding with the approval of the original project examination and approval department; For projects that do not need approval (approval), the tenderer may decide whether to re-tender.
If the bidder violates laws and regulations in the bidding activities of this project or gives up the qualification of winning the bid without justifiable reasons, which leads to the tenderer's re-bidding, he shall not participate in the bidding of this project when re-bidding, and shall be punished by credit according to laws and regulations.
Article 32? Except in the following circumstances, no one may modify the evaluation results:
(a) the score calculation is wrong;
(two) the sub-item score is beyond the scope of the scoring standard;
(three) the members of the bid evaluation committee make mistakes in scoring the objective evaluation factors;
(four) other obvious negligence, affecting the evaluation results.
Before the bid evaluation experts sign the bid evaluation report, the chairman of the bid evaluation committee shall organize the bid evaluation experts and invite the tenderee and the tendering agency to realize the non-meeting evaluation outside the bid evaluation area through technical means. If one of the above circumstances is found after review, the bid evaluation committee shall modify the bid evaluation results and record them in the bid evaluation report.
During the bid-winning publicity period, if a bidder has any objection to the bid evaluation results and applies for review, it shall provide valid evidence or clues. If the tenderer thinks it is really necessary, with the consent of the administrative department of agriculture and rural areas, the original bid evaluation committee shall be organized for evaluation.
Article 33? After the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report and a list of successful candidates to the tenderer. The number of successful candidates shall not exceed 3, and the ranking shall be indicated.
The bid evaluation report shall be signed by all members of the bid evaluation committee. If members of the bid evaluation committee have different opinions on the bid evaluation results, they shall explain their different opinions and reasons in writing and indicate them in the bid evaluation report. If a member of the bid evaluation committee refuses to sign the bid evaluation report and does not give a written explanation of different opinions and reasons, it shall be deemed that he agrees with the bid evaluation result.
Article 34? Projects that must be subject to tender according to law shall be publicized in the same media that issued the tender announcement in accordance with the regulations, and the publicity period shall not be less than 3 days.
Bidders or other interested parties who have objections to the bid evaluation results shall raise written questions during the publicity period of the successful candidate and provide the necessary basis. The tenderer shall make a written reply within 3 days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities shall be suspended.
Article 35? After the expiration of the publicity period, the winning candidate ranked first is determined as the winning bidder. If the first successful candidate abandons the bid, fails to perform the contract due to force majeure, fails to submit the performance bond according to the requirements of the tender documents, or is found to have illegal acts that affect the result of winning the bid, and does not meet the conditions for winning the bid, the tenderer may select other successful candidates as the successful bidder in turn according to the list of successful candidates, or re-invite bids.
Article 36? After the winning bidder is determined, the tenderer shall issue a bid-winning notice to the winning bidder and notify all bidders who have not won the bid.
The bid-winning notice has legal effect on the tenderer and the winning bidder. After the bid-winning notice is issued, if the tenderer changes the bid-winning result or the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law.
Article 37? For a project subject to tender according to law, the tenderer shall submit a written report on the tender to the administrative department of agriculture and rural areas within 05 days from the date of determining the winning bidder. Electronic bidding can submit reports in the form of electronic signature and filing.
Article 38? The tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, sign a written contract in accordance with the provisions of the bidding laws and administrative regulations. The main terms of the contract, such as the subject matter, price, quality and time limit for performance, shall be consistent with the contents of the tender documents and the bid documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
The tenderer shall, within 5 days after signing the written contract at the latest, return the bid bond and the interest on the bank deposit for the same period to the winning bidder and the unsuccessful bidder.
If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it in accordance with the requirements of the tender documents. The performance bond shall not exceed 10% of the winning contract amount.
Chapter VI Supervision and Administration
Article 39? In accordance with the principles of "incentive for keeping promises, punishment for breaking promises" and "whoever is in charge is responsible", we will strengthen the construction of the credit system in the bidding market, establish a provincial-level agricultural engineering supervision information platform, and strengthen the application of credit evaluation results of agricultural engineering construction market participants and their employees in bidding.
We will implement a notification system for serious dishonesty in bidding and tendering, and implement joint punishment according to laws and regulations.
Carry out the market subject commitment system. The tenderer and the tendering agency shall promise in the tender announcement and tender documents that there are no illegal acts such as excluding potential bidders; The bidder shall promise in the bidding documents that it has not participated in collusive bidding and other illegal acts in this project, and the market subject who violates the promise will be dealt with in time according to the law and regulations.
Article 40? Agricultural and rural administrative departments at all levels shall strengthen the post-event supervision of project bidding activities. If any violation of laws and regulations is found, the relevant parties shall be ordered to correct it in time, and the bidding activities may be suspended when necessary, and handled according to the law and regulations.
Article 41? Agricultural and rural administrative departments at all levels shall perform the following duties of supervision and management of bidding activities:
(a) the filing of pre-qualification documents and bidding documents (including clarification and answering documents), including the review of whether the contents of the documents comply with the relevant provisions, and the ordering of corrections if they do not conform to the provisions. ;
(two) to supervise the formation of the bid evaluation committee and bid evaluation activities;
(three) to accept all kinds of complaints in bidding activities according to law, and make a decision;
(four) to supervise and inspect the signing and performance of the contract after winning the bid;
(five) to investigate and deal with all kinds of illegal acts in bidding activities according to law;
(six) other duties as prescribed by laws, regulations and rules.
Article 42? The objects of supervision and management include agricultural engineering construction project tenderers, tendering agencies, bidders, bid evaluation committees and experts, trading service agencies and their staff.
Article 43? Bidding supervision mainly adopts online supervision, information disclosure, daily inspection, credit supervision and model supervision. The records of supervision materials formed in the process of supervision and management shall be filed.
Article 44? Bidders or other interested parties may complain to the administrative department of agriculture and rural areas within 10 days from the date when they know or should know that the bidding activities are not in conformity with the provisions of laws and administrative regulations. Complaints that exceed the time limit will not be accepted. Complaints should have clear requirements and necessary supporting materials. The administrative department of agriculture and rural areas shall handle the matter according to the law and regulations, and investigate, handle and reply to the complainant within 30 working days from the date of accepting the complaint.
Complaints about qualification documents and bidding documents, bid opening and evaluation results, etc. , it shall first raise an objection to the tenderer, and the time limit for replying to the objection shall not be counted within the time limit specified in the preceding paragraph.
Agricultural and rural administrative departments at all levels in the process of handling complaints, involving professional or technical issues, can be handled in the following ways:
(a) require the original bid evaluation committee to review the interpretation;
(two) organize experts or entrust professional institutions to review;
(3) Organizing hearings.
The evaluation opinions issued by experts or professional institutions should be used as the main basis for handling complaints.
Article 45? Agricultural and rural administrative departments at all levels should strengthen post-bid supervision, check the scope of contracting, personnel changes in key positions and on-site performance of duties, and investigate and deal with illegal acts such as affiliation, subcontracting and illegal subcontracting according to laws and regulations; Market entities with problems such as slow progress, poor quality, many security risks and frequent personnel changes will be included in the key supervision targets and submitted to the corresponding administrative supervision departments in a timely manner.
Chapter VII Supplementary Provisions
Article 46? Matters not covered in these Measures shall be implemented in accordance with relevant laws, regulations and rules.
Article 47? These Measures shall come into force as of the date of issuance and shall be valid for five years.
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