Article 44 A tenderer shall open bids at the time and place specified in the tender documents.
If there are less than three bidders, the bid opening shall not be allowed; The tenderer shall re-invite tenders.
If a bidder has any objection to the bid opening, it shall raise it at the bid opening site, and the tenderer shall reply on the spot and make records.
Article 45 The State shall implement unified occupational classification standards and management measures for bid evaluation experts.
Specific standards and measures shall be formulated by the development and reform department of the State Council in conjunction with relevant departments of the State Council.
The provincial people's government and the relevant departments of the State Council shall establish a comprehensive evaluation expert database.
Forty-sixth in addition to the special bidding project stipulated in the third paragraph of Article 37 of the Bidding Law, the expert members of the bid evaluation committee shall be randomly selected from the list of experts in related disciplines in the bid evaluation expert database.
No unit or individual may designate expert members to participate in the bid evaluation committee in any way, such as express or implied.
For a project that must be subject to tender according to law, the tenderer shall not replace the members of the bid evaluation committee determined according to law, except for the reasons specified in the Bidding Law and these Regulations.
The replacement of expert members of the bid evaluation committee shall be carried out in accordance with the provisions of the preceding paragraph.
If a member of the bid evaluation committee has an interest with a bidder, he shall voluntarily withdraw.
The relevant administrative supervision departments shall, in accordance with the prescribed division of responsibilities, supervise the determination of members of the bid evaluation committee, the selection of bid evaluation experts and the bid evaluation activities.
The staff of the administrative supervision department shall not become members of the bid evaluation committee responsible for supervising the project.
Article 47 The term "specific project subject to tender" as mentioned in the third paragraph of Article 37 of the Bidding Law refers to the project with complex technology, strong professionalism or special requirements of the state, and it is difficult for experts randomly selected to obtain the qualification for bid evaluation.
Article 48 A tenderer shall provide the information necessary for bid evaluation to the bid evaluation committee, but shall not explicitly or implicitly favor or exclude specific bidders.
The tenderer shall reasonably determine the bid evaluation time according to factors such as project scale and technical complexity.
If more than one third of the members of the bid evaluation committee think that the bid evaluation time is not enough, the tenderer shall extend it appropriately.
In the process of bid evaluation, if a member of the bid evaluation committee evades, leaves his post without leave or cannot continue bid evaluation due to health and other reasons, he shall be replaced in time.
The evaluation conclusion made by the replaced members of the bid evaluation committee is invalid, and the replaced members of the bid evaluation committee shall re-evaluate the bid.
Forty-ninth members of the bid evaluation committee shall, in accordance with the provisions of the Bidding Law and these Regulations, and in accordance with the bid evaluation standards and methods stipulated in the bidding documents, objectively and fairly put forward evaluation opinions on the bidding documents.
The bid evaluation criteria and methods not specified in the tender documents shall not be used as the basis for bid evaluation.
Members of the bid evaluation committee shall not contact bidders privately, accept property or other benefits from bidders, consult the tenderee to determine the intention of the winning bidder, accept the express or implied requirements of any unit or individual who tends to exclude or exclude specific bidders, or engage in other non-objective and unfair performance of duties.
Article 50 If a project subject to tender has a pre-tender price, the tenderer shall announce it when opening bids.
The pre-tender estimate can only be used as a reference for bid evaluation, and it shall not be based on whether the bid price is close to the pre-tender estimate or whether the bid price exceeds the fluctuation range of the pre-tender estimate.
Article 51 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 52 If there are ambiguous contents, obvious words or calculation errors in the bid documents, and the bid evaluation committee deems it necessary to make necessary clarifications and explanations to the bidders, it shall notify the bidders in writing.
The clarification and explanation of the bidder shall be made in written form, and shall not go beyond the scope of the bidding documents or change the substantive contents of the bidding documents.
The bid evaluation committee shall not imply or induce bidders to make clarifications and explanations, nor shall it accept the clarifications and explanations of bidders.
Fifty-third after the completion of 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 the bid evaluation report shall indicate the different opinions.
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.
Fifty-fourth projects that must be subject to tender according to law, the tenderer shall publicize the successful candidate within 3 days from the date of receiving the bid evaluation report, and the publicity period shall not be less than 3 days.
Bidders or other interested parties who have objections to the bid evaluation results of projects that must be subject to tender according to law shall raise them within the publicity period of the successful candidate.
The tenderer shall make a reply within 3 days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities shall be suspended.
Fifty-fifth state-owned funds in the holding or leading position of the project subject to tender according to law, the tenderer shall determine the winning candidate ranked first 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 determine other successful candidates as the winning bidders in turn according to the list of successful candidates proposed by the bid evaluation committee, or may re-invite tenders.
Article 56 If the business and financial status of the candidate winning the bid has changed significantly or there are illegal acts, which the tenderer thinks may affect his performance ability, the original bid evaluation committee shall review and confirm it according to the standards and methods stipulated in the tender documents before issuing the letter of acceptance.
Article 57 A tenderer and the winning bidder shall sign a written contract in accordance with the provisions of the Bidding Law and these Regulations, and the main terms of the contract, such as the subject matter, price, quality and performance period, shall be consistent with the contents of the tender documents and the bidding 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.
Article 58 If the tender documents require the winning bidder to submit a 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.
Article 59 The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project.
The winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others separately.
The winning bidder may, according to the contract or with the consent of the tenderer, subcontract part of the non-major and non-critical work of the winning project to others for completion.
The person who accepts subcontracting shall have corresponding qualifications and shall not subcontract again.
The winning bidder shall be responsible to the tenderer for the subcontracted project, and the subcontractor shall be jointly and severally liable for the subcontracted project.
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