Twentieth bid evaluation methods include comprehensive evaluation method, the lowest bid price method after evaluation or other bid evaluation methods permitted by laws and administrative regulations.
Encourage communication engineering construction projects to adopt comprehensive evaluation method for bid evaluation.
Twenty-first communication engineering construction projects need to be divided into blocks, the tenderer shall specify in the tender documents the maximum number of blocks allowed for bidders to win the bid.
Twenty-second communication engineering construction projects have determined the investment plan and the source of funds, the tenderer can focus on a number of similar communication engineering construction projects for bidding.
Where a tenderer conducts centralized bidding, it shall abide by the Bidding Law, the Implementation Regulations and the provisions of these Measures on projects that must be subject to bidding according to law.
Article 23 Where a tenderer conducts centralized bidding, it shall specify the type of the project or related goods and services, the estimated bidding scale, the number of successful bidders and the corresponding share of each successful bidder in the bidding documents. For centralized bidding for projects or related services, the implementation area corresponding to each successful bidder shall also be listed.
Article 24 A tenderer may conduct centralized pre-qualification for potential bidders of several similar communication engineering construction projects. Where a tenderer conducts centralized pre-qualification, it shall issue a pre-qualification announcement, specify the scope of application and effective period of centralized pre-qualification, estimate the scale of the project, reasonably set the qualification, technology and business conditions, and shall not restrict or exclude potential bidders.
When conducting centralized pre-qualification, the tenderer shall abide by the provisions of the state on qualification management such as survey, design, construction and supervision.
After centralized pre-qualification, the tenderee of communication engineering construction project shall continue to perform the bidding procedures and shall not directly contract the project; Directly contracting projects belongs to the evasion of bidding stipulated in Article 4 of the Bidding Law.
Article 25 A tenderer may, according to the specific conditions of a project subject to tender, organize potential bidders to visit the project site and hold a pre-tender estimate meeting after the deadline for bidding documents.
Where a tenderer organizes potential bidders to inspect the project site or hold a bid preparation meeting, it shall issue an invitation letter to all potential bidders.
Article 26 A bidder shall deliver the bid documents to the bidding place before the deadline for submission of bid documents. If the communication engineering construction project is divided into blocks, the bidder shall indicate the corresponding blocks in the bidding documents.
The tenderee will reject the bid documents submitted by applicants who have not passed the prequalification, and the bid documents that have been delivered late or not sealed according to the requirements of the tender documents.
After receiving the tender documents, the tenderer shall not open them, and shall truthfully record the delivery time and sealing conditions of the tender documents and file them for future reference.
Chapter III Bid Opening, Bid Evaluation and Bid Winning
Twenty-seventh communication engineering construction projects with fewer than three bidders may not open bids. The tenderer shall, after analyzing the reasons for the failure of bidding and taking corresponding measures, re-bid according to law. When a communication engineering construction project is divided into blocks, if there are less than three bidders in a block, the bid opening shall not be allowed. The tenderer shall, after analyzing the reasons for the failure of bidding and taking corresponding measures, re-bid according to law.
If the bidder thinks that there is a bid below the cost price, he may raise an objection at the bid opening site and submit written materials to the tenderer before the end of bid evaluation. The tenderer shall forward the written materials to the bid evaluation committee in time.
Article 28 A tenderer shall open bids in accordance with the Bidding Law and its implementing regulations, and record the bid opening process and file it for future reference. The bidder shall record the following contents:
(1) Time and place of bid opening;
(two) the name of the bidder, the bid price and other bidding contents;
(3) Whether the bid opening process has been notarized;
(4) Objections raised by bidders.
The bid opening record shall be signed by the bidder's representative, bidder, recorder and supervisor.
If it is necessary to change the bid opening place due to force majeure or other special reasons, the tenderer shall notify all potential bidders in advance to ensure that they have enough time to arrive at the bid opening place.
Article 29 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation.
The expert members of the bid evaluation committee of communication engineering construction projects shall meet the following conditions:
(1) Having worked in communication-related fields for 8 years, and having a senior professional title or equivalent professional level. Special talents who master new communication technologies can be regarded as having the conditions specified in this item after being recommended by their units;
(two) familiar with the laws, administrative regulations and rules of the state and the communication industry on bidding and communication construction management, and have practical experience related to bidding projects;
(3) Being able to perform their duties conscientiously, fairly and honestly;
(4) It has not been disqualified from bid evaluation due to violation of laws and regulations, and has not been subject to administrative or criminal punishment for engaging in illegal acts in bidding, bid evaluation and other activities related to bidding;
(5) Being healthy and able to undertake bid evaluation.
The Ministry of Industry and Information Technology shall uniformly establish and manage the expert database of bid evaluation for communication engineering construction projects, and the communication administrations of all provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and management of bid evaluation experts within their respective administrative areas.
Thirtieth communication engineering construction projects that must be subject to tender according to law, the experts of the bid evaluation committee shall be randomly selected from the list of experts of related majors in the expert database of communication engineering construction projects; Individual technology is complex, professional or the country has special requirements, so it is difficult to ensure that the experts randomly selected have the qualification for bid evaluation. The tenderer may directly determine the project subject to tender from the list of experts in the relevant professions in the evaluation expert database of communication engineering construction projects.
The tenderer of a communication engineering construction project that must be subject to tender according to law shall pass? Management platform? The expert members of the bid evaluation committee shall be selected, and the communication administrative supervision department may conduct remote supervision or on-site supervision on the extraction process.
Thirty-first communication engineering construction projects that must be subject to tender according to law, with complex technology and heavy workload of bid evaluation, shall have more than five members in each group, and each group member shall review all bidding documents. The grouping scheme of the bid evaluation committee shall be approved by all members.
If there is a person in charge of the bid evaluation committee, the person in charge shall be elected by the members of the bid evaluation committee or determined by the tenderer. Other members of the bid evaluation committee enjoy the same voting rights as the person in charge.
Thirty-second members of the bid evaluation committee shall objectively and fairly put forward evaluation opinions on the bid documents, and be responsible for the evaluation opinions put forward.
The bid evaluation criteria and methods not specified in the tender documents shall not be used as the basis for bid evaluation.
Article 33 In the process of bid evaluation, the bid evaluation committee receives written questioning materials about the bid below the cost price, and finds that the bidder's comprehensive quotation is obviously lower than other bid quotations, or when there is a pre-tender price, it is obviously lower than the pre-tender price, and thinks that its bid quotation may be lower than the cost, it shall require the bidder to make a written explanation and provide relevant written proof materials. If the tenderer requests to verify whether the single quotation is lower than the cost, it shall be explained in the tender documents.
If the bidder cannot reasonably explain or provide relevant certification materials, the bid evaluation committee will reject its bid.
Article 34 If a bidder bids in the name of another person or fails to pass the qualification examination, the bid evaluation committee shall reject his bid.
After the bid opening, if some bidders cancel their bidding documents or some bidders are rejected, and there are less than three valid bids and there is obvious lack of competition, the bid evaluation committee shall reject all bids. If there are less than 3 valid bids, and the bid evaluation committee has not rejected all bids, the reasons shall be explained in the bid evaluation report.
If the bid evaluation committee rejects all bids for a communication engineering construction project that must be tendered according to law, the tenderee shall re-tender.
Article 35 After the bid evaluation, the bid evaluation committee shall submit the bid evaluation report and the list of successful candidates to the tenderer in accordance with the relevant provisions of the Bidding Law and its implementing regulations.
Where the tenderer conducts centralized bidding, the bid evaluation committee shall recommend the winning bidder from not less than the number of winning bidders specified in the bidding documents, and indicate the ranking.
If the bid evaluation committee is divided into groups, a unified and complete bid evaluation report shall be formed.
Article 36 The bid evaluation report shall include the following contents:
(1) Basic information;
(2) record of bid opening and list of bids;
(3) List of bid evaluation methods, standards or factors;
(four) the original records of the bid evaluation experts and the explanation of the rejection of the bid;
(five) the evaluated price or score comparison table and the ranking of bidders;
(six) the list of recommended candidates for winning the bid and their ranking;
(seven) matters that need to be dealt with before signing the contract;
(8) Minutes of clarification, explanation and correction;
(nine) the list of members of the bid evaluation committee and the list of members of the bid evaluation committee who signed and refused to sign the bid evaluation report, as well as the different opinions and reasons stated.
Article 37 A tenderer of a communication engineering construction project that must be subject to tender according to law shall win the bid within three days from the date of receiving the bid evaluation report? Management platform? Publicize the successful candidate, and the publicity period shall not be less than 3 days.
Article 38 A tenderer shall determine the winning bidder in accordance with the relevant provisions of the Bidding Law and its implementing regulations.
Where a tenderer conducts centralized bidding, it shall determine the top winning bidders in turn as the winning bidders, and the number of winning bidders and the share of winning bidders corresponding to each winning bidder shall be consistent with the contents stipulated in the bidding documents. In the contract signed between the tenderer and the winning bidder, the main terms such as the winning price and the expected contract share shall be clearly defined.
If the winning bidder fails to perform the contract, the tenderer may, according to the list of winning bidders proposed by the bid evaluation committee, determine other winning bidders as the winning bidders in turn, or adjust the winning share of the winning bidders, but the adjustment rules shall be specified in the tender documents.
Article 39 Before determining the winning bidder, the tenderee shall not negotiate with the bidder on the bid price, bid plan and other substantive contents.
The tenderer shall not ask the winning bidder to reduce the quotation, increase the workload, increase spare parts, increase after-sales service, shorten the construction period or other requirements that violate the substantive contents of the winning bidder's bidding documents.
Article 40 A tenderer of a communication engineering construction project that must be subject to tender according to law shall win the bid within 5 days from the date of determining the winning bidder? Management platform? Submit the Bidding Report Form of Communication Engineering Construction Project to the communication administrative supervision department (see Annex II).
Article 41 A tenderer shall establish complete bidding documents and keep them in accordance with the relevant provisions of the state. The bidding documents shall include the following contents:
(1) bidding documents;
(2) the bid documents of the winning bidder;
(3) Bid evaluation report;
(4) Letter of acceptance;
(five) the written contract signed by the tenderer and the winning bidder;
(six) to submit the "communication engineering construction project bidding record form" and "communication engineering construction project bidding report form" to the traffic administrative supervision department;
(seven) other contents that need to be filed.
Article 42 Where a tenderer conducts centralized bidding, it shall pass it within 30 days from the date of completion of all projects? Management platform? Report the implementation of the project to the communication administrative supervision department.
Forty-third communication administrative supervision departments to supervise and inspect the bidding activities of communication engineering construction projects, can consult and copy the relevant documents and materials in the bidding activities, investigate the relevant situation, and the relevant units and personnel shall cooperate. When necessary, the communication administrative supervision department may order the suspension of bidding activities.
The staff of the communication administrative supervision department shall keep confidential the state secrets and business secrets known in the process of supervision and inspection.
Chapter IV Legal Liability
Article 44 If a tenderer terminates the tender without justifiable reasons after issuing the tender announcement, invitation to bid or selling the tender documents or pre-qualification documents, the communication administrative supervision department shall give him a warning and may impose a fine of 6,543,800 yuan to 30,000 yuan.
Article 45 If a tenderer or tendering agency of a communication engineering construction project that must be subject to tender according to law is under any of the following circumstances, the communication administrative supervision department shall order it to make corrections and may impose a fine of less than 30,000 yuan:
(a) the tenderer to tender, not according to the provisions of the traffic administrative supervision department for the record;
2 failed? Management platform? Determine the experts of the bid evaluation committee;
(3) The tenderer failed? Management platform? Successful candidates for publicity;
(four) after determining the winning bidder, failing to submit the tender report to the communication administrative supervision department as required.
Article 46 If a tenderer is under any of the following circumstances, the communication administrative supervision department shall order him to make corrections, and may impose a fine of less than 30,000 yuan, and the directly responsible person in charge and other directly responsible personnel of the unit shall be punished according to law; If the result of winning the bid is greatly affected, and remedial measures cannot be taken to correct it, the tenderer shall re-bid or evaluate the bid:
(1) The prequalification documents and tender documents do not specify all standards and methods for qualification examination or bid evaluation;
(2) The tender documents contain illegal clauses. If the bidder is required to make multiple rounds of quotation, the bidder shall guarantee that the quotation is not higher than the historical price;
(3) Failing to set up a qualification examination committee as required;
(four) when the number of bidders does not meet the statutory requirements, the contract is awarded directly without re-tendering;
(5) The bid opening process and records are not in conformity with the Bidding Law, the Implementation Regulations and these Measures;
(six) in violation of the provisions of article thirty-second of the implementation regulations, restricting or excluding bidders;
(seven) in any way, the members of the bid evaluation committee are required to take the bidders designated by them as the candidates for winning the bid, and the bid evaluation standards and methods not specified in the tender documents are used as the basis for bid evaluation, or illegally interfere in bid evaluation activities in other ways, which affects the bid evaluation results.
Article 47 Where a tenderer violates the provisions of Article 23, Article 24, Article 35 and Article 38 of these Measures to conduct centralized bidding or pre-qualification, the communication administrative supervision department shall order it to make corrections and may impose a fine of less than 30,000 yuan.
Chapter V Supplementary Provisions
Forty-eighth communication administrative supervision departments to establish a communication engineering construction project bidding notification system, regularly notify the overall situation of communication engineering construction project bidding, public bidding and bidding filing, major violations of laws and regulations and other information.
Article 49 These Measures shall come into force as of July, 2065438 1 day. The Interim Provisions on Bidding Management of Communication Construction Projects promulgated by the former Ministry of Information Industry on September 22, 2000 (Order No.2 of the Ministry of Information Industry of People's Republic of China (PRC)) shall be abolished at the same time.
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