Regulations of Guizhou Province on Bidding (revised in 2020)

Chapter I General Provisions Article 1 In order to regulate the bidding activities, these Regulations are formulated in accordance with the Bidding Law of People's Republic of China (PRC) (hereinafter referred to as the Bidding Law), the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) (hereinafter referred to as the Regulations for the Implementation of the Bidding Law) and relevant laws and regulations, and in combination with the actual situation of this province. Article 2 These Regulations shall apply to the tendering and bidding activities within the administrative area of this province and their supervision and management. Article 3 The development and reform departments of the people's governments at or above the county level shall guide and coordinate the bidding work within their respective administrative areas, and supervise the bidding of major projects and key projects according to their functions and powers.

The administrative departments of industry and informatization, housing and urban construction, transportation, water conservancy, commerce, finance, natural resources, health, forestry, agriculture and rural areas, energy and other people's governments at or above the county level shall, in accordance with their duties, supervise the bidding activities of their own industries and investigate and deal with illegal acts in bidding activities according to law.

If state-owned enterprises and institutions use non-financial funds to bid for the procurement of goods and services other than engineering construction projects, their competent departments shall supervise and investigate and deal with illegal acts in bidding activities according to law.

The supervisory organ shall, in accordance with the law, supervise the objects of supervision related to bidding activities. Article 4 Bidding trading places shall meet the requirements of bid evaluation (review), transaction verification and on-site business, and implement unified trading rules, procedures and service standards.

Tendering and bidding trading places shall not be subordinate to administrative supervision departments, shall not be for profit, shall not be subject to administrative examination and approval, approval, filing and administrative supervision, and shall not set unreasonable restrictive conditions to prevent and exclude market participants from entering the bidding and bidding trading market.

Promote the use of information networks for electronic bidding. Article 5 The development and reform departments of the people's governments of provinces, cities and prefectures shall, jointly with relevant departments, promote the establishment of a unified bidding service platform in the region in accordance with the principles of government-led, * * building * * enjoyment, public service and benefiting the people, so as to provide information services for bidding trading platforms, parties involved in bidding activities, the public, administrative supervision departments and supervisory organs. Article 6 A social evaluation mechanism involving market participants and third parties shall be established to evaluate the services provided by public bidding service platforms, trading centers and trading places. Seventh people's governments at or above the county level shall establish a coordination mechanism for bidding work, be responsible for coordinating major issues in bidding work, and urge the competent departments to investigate and deal with major cases of bidding according to law. Article 8 Strengthen the credit construction in the field of bidding, establish a credit reward and punishment mechanism, take credit records or credit reports as an important basis for supervision, improve the disciplinary mechanism for dishonesty, restrict the participation of untrustworthy subjects in bidding activities according to law, and prohibit serious illegal and untrustworthy subjects from participating in bidding activities in the market.

The relevant administrative supervision departments shall, in accordance with the law, announce the administrative decisions on illegal acts such as tenderers, tendering agencies, tendering practitioners, bidders, members of bid evaluation committees, trading platforms or trading places. Chapter II Bidding Article 9 The specific scope and scale standards of construction projects that must be subject to bidding according to law shall be implemented in accordance with the scope and standards approved by the State Council. No unit or department may formulate the bidding scope and standards of engineering construction projects by itself. If the State Council has provisions on the scope of other projects that must be subject to tender, such provisions shall prevail. Tenth in accordance with the relevant provisions of the state, the project examination and approval procedures must be fulfilled, and its bidding scope, bidding method and bidding organization form should be reported to the project examination and approval department for examination and approval. The project examination and approval department shall promptly notify the relevant administrative supervision departments of the scope, method and organizational form of the tender determined by the examination and approval, and make it public on its portal website according to law. Eleventh projects involving national security and state secrets are not suitable for bidding, the tenderer shall submit the provisions on national security and state secrets to the project examination and approval department; If it is unclear or disputed whether it belongs to the national security project, the tenderer shall submit the confirmation document to the project examination and approval department after being confirmed by the national security organ at or above the provincial level; Whether it belongs to a state secret project or its classification is unclear or controversial, it shall be confirmed by the secrecy administrative department at or above the provincial level, and the tenderer shall submit the confirmation document to the project examination and approval department. Twelfth projects that should be subject to tender according to law, the project funds or sources of funds should be implemented before the tender, and the corresponding documents, drawings and technical materials required for the tender have been approved and meet other conditions stipulated by laws and regulations. Article 13 A tenderer shall specify the bid validity period in the tender documents, and complete the bid opening, bid evaluation, bid selection and contract signing within the bid validity period. Fourteenth in addition to force majeure, changes in national industrial policies, planning changes, changes in the nature of land use and other non-tenderee reasons, after the start of the bidding process, the tenderer shall not terminate the bidding without authorization. Article 15 If the pre-qualified bidder changes the main person in charge of the project before the deadline for submission of bid documents, it shall notify the tenderer and the tendering agency through the website of the trading platform specified in the tender announcement, and the qualification of the changed main person in charge of the project shall meet the requirements of the tender documents.