Seventh in accordance with the relevant provisions of the state, the bidding scope, bidding method and bidding organization form must be submitted 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.
Eighth state-owned funds holding or leading position of the project, according to the law must be tender, it should be open tender; But in any of the following circumstances, you can invite tenders:
(a) the technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose;
(two) the cost of public bidding accounts for a large proportion of the project contract amount.
The project specified in Article 7 of this Ordinance is under any of the circumstances listed in Item (2) of the preceding paragraph, which shall be determined by the project examination and approval department when examining and approving the project; Other projects shall be determined by the tenderer applying to the relevant administrative supervision departments.
Article 9 Except for the special circumstances stipulated in Article 66 of the Bidding Law, no bidding shall be conducted under any of the following circumstances:
(a) the need to adopt irreplaceable patents or proprietary technology;
(2) The purchaser may construct, produce or provide it by himself according to law;
(3) Investors of franchise projects selected through bidding can construct, produce or provide them by themselves according to law;
(four) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(five) other special circumstances stipulated by the state.
If a tenderer practices fraud in order to apply the provisions of the preceding paragraph, it belongs to the evasion of bidding as stipulated in Article 4 of the Bidding Law.
Article 10 The tenderee stipulated in the second paragraph of Article 12 of the Bidding Law has the ability to prepare bidding documents and organize bid evaluation, which means that the tenderee has technical and economic professionals suitable for the scale and complexity of the project subject to tender.
Eleventh bidding agency qualification in accordance with the provisions of the law and the State Council by the relevant departments.
The competent departments of urban housing and urban construction, commerce, development and reform, industry and informatization in the State Council shall, in accordance with the prescribed division of responsibilities, supervise and manage the tendering agency according to law.
Article 12 A bidding agency shall have a certain number of professionals who have obtained professional qualifications for bidding.
The specific measures for obtaining the professional qualification for bidding shall be formulated by the human resources and social security department of the State Council in conjunction with the development and reform department of the State Council.
Thirteenth bidding agencies to carry out bidding agency business within the scope of their qualifications and entrusted by the tenderer, no unit or individual may illegally interfere.
When acting as an agent for bidding business, a bidding agency shall abide by the provisions of the Bidding Law and these Regulations on bidders.
A bidding agency shall not bid or act as an agent in the bidding project it represents, nor shall it provide consultation for the bidders of the bidding project it represents.
The tendering agency shall not alter, lease, lend or transfer the qualification certificate.
Article 14 A tenderer shall sign a written entrustment contract with the entrusted tendering agency, and the fees stipulated in the contract shall comply with the relevant provisions of the state.
Fifteenth public bidding projects, should be in accordance with the provisions of the bidding law and the regulations issued a tender announcement, the preparation of tender documents.
Where a tenderer conducts qualification examination of potential bidders by means of pre-qualification, it shall issue a pre-qualification announcement and prepare pre-qualification documents.
The pre-qualification announcement and tender announcement of the project that must be subject to tender according to law shall be published in the media designated by the development and reform department of the State Council according to law.
The contents of the prequalification announcement or tender announcement of the same project subject to tender published in different media shall be consistent.
The designated media shall not charge fees for publishing domestic pre-qualification announcements and bidding announcements of projects that must be subject to bidding according to law.
The preparation of pre-qualification documents and tender documents for projects that must be subject to tender according to law shall use the standard text formulated by the development and reform department of the State Council in conjunction with the relevant administrative supervision departments.
Article 16 A tenderer shall sell pre-qualification documents or tender documents at the time and place specified in the pre-qualification announcement, tender announcement or invitation to bid.
The pre-qualification documents or bidding documents shall be sold for no less than 5 days.
The fees charged by the tenderee for selling prequalification documents and bidding documents are limited to the compensation cost of printing and mailing, and shall not be for profit.
Seventeenth a tenderer shall reasonably determine the time to submit the application documents for pre-qualification.
For a project that must be subject to tender according to law, the time for submitting the prequalification application documents shall not be less than 5 days from the date when the prequalification documents stop selling.
Eighteenth pre-qualification shall be carried out in accordance with the standards and methods stipulated in the pre-qualification documents.
Where state-owned funds occupy a controlling or leading position in projects that must be subject to tender according to law, the tenderer shall set up a qualification examination committee to examine the application documents for pre-qualification.
The qualification examination committee and its members shall abide by the provisions of the Bidding Law and these Regulations concerning the bid evaluation committee and its members.
Nineteenth after the prequalification, the tenderer shall promptly issue a notice of prequalification results to the prequalification applicant.
Applicants who have not passed the prequalification are not qualified to bid.
If there are less than three applicants who have passed the pre-qualification, they shall re-invite tenders.
Article 20 Where a tenderer conducts qualification examination of bidders by post-qualification examination, the bid evaluation committee shall conduct qualification examination of bidders according to the standards and methods specified in the tender documents after the bid opening.
Article 21 A tenderer may make necessary clarifications or amendments to the pre-qualification documents or bidding documents that have been issued.
If clarification or modification may affect the preparation of prequalification application documents or bidding documents, the tenderer shall notify all potential bidders who have obtained prequalification documents or bidding documents in writing at least 3 days before the deadline for submitting prequalification application documents or at least 15 days before the deadline for bidding; If it is less than 3 days or 15 days, the tenderee shall postpone the deadline for submitting prequalification application documents or bidding documents accordingly.
Twenty-second potential bidders or other interested parties have objections to the prequalification documents, they shall put forward them two days before the deadline for submitting the prequalification application documents; Any objection to the bidding documents should be raised before the deadline 10.
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.
Article 23 If the contents of the prequalification documents and bidding documents prepared by the tenderer violate the mandatory provisions of laws and administrative regulations, violate the principles of openness, fairness, justice and good faith, and affect the prequalification results or the bidding of potential bidders, the tenderer of a project that must be subject to bidding according to law shall re-invite bids after modifying the prequalification documents or bidding documents.
Article 24 A tenderer shall abide by the relevant provisions of the Tendering and Bidding Law when dividing tenders for a project subject to tender, and shall not use the division of tenders to restrict or exclude potential bidders.
The tenderee of a project that must be subject to tender according to law shall not use sub-tender to avoid bidding.
Twenty-fifth the tenderer shall specify the validity of the tender in the tender documents.
The validity of the bid shall be calculated from the deadline for submitting the bid documents.
Article 26 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 bid bond submitted by domestic bidders in the form of cash or cheque for the project subject to tender according to law shall be transferred from their basic account.
The tenderer shall not misappropriate the bid bond.
Twenty-seventh the tenderer may decide whether to prepare the pre-tender estimate.
A project subject to tender can only have one pre-tender estimate.
The pre-tender estimate must be kept confidential.
An intermediary agency entrusted with the preparation of the pre-tender estimate shall not participate in the bidding of the project entrusted with the preparation of the pre-tender estimate, nor shall it prepare the bidding documents or provide consultation for the bidders of the project.
If the tenderer has a maximum bid price limit, it shall specify the maximum bid price limit or the calculation method of the maximum bid price limit in the tender documents.
The tenderer shall not stipulate the minimum bid price limit.
Article 28 A tenderer may not organize a single or partial potential bidder to inspect the project site.
Article 29 A tenderer may, in accordance with the law, conduct a general contract tender for the project and all or part of the goods and services related to the project construction.
Projects, goods and services that are included in the scope of general contracting in the form of temporary evaluation belong to the scope of projects that must be subject to tender according to law, and meet the scale standards stipulated by the state, they shall be subject to tender according to law.
The term "provisional valuation" as mentioned in the preceding paragraph refers to the amount of projects, goods and services temporarily estimated by the tenderee in the tender documents because the price cannot be determined during the general contract bidding.
Thirtieth of the complex technology or technical specifications can not be accurately formulated for the project, the tenderer can be divided into two stages of bidding.
In the first stage, the bidder submits the technical proposal without quotation according to the requirements of the tender announcement or invitation letter, and the tenderer determines the technical standards and requirements according to the technical proposal submitted by the bidder and prepares the tender documents.
In the second stage, the tenderer provides the bidding documents to the bidders who submitted the technical suggestions in the first stage, and the bidders submit the bidding documents including the final technical scheme and bidding quotation according to the requirements of the bidding documents.
Where a tenderer requires a bidder to submit a bid bond, it shall do so in the second stage.
Article 31 Where a tenderer terminates the tender, it shall make a public announcement in time, or notify the potential bidders who have invited or obtained the prequalification documents and tender documents in writing.
If the pre-qualification documents and bidding documents have been sold or the bid bond has been collected, the tenderer shall promptly return the fees collected from the pre-qualification documents and bidding documents, as well as the bid bond and the interest of bank deposits for the same period.
Article 32 A tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions.
A tenderer who commits one of the following acts shall restrict or exclude potential bidders or bidders with unreasonable conditions:
(1) Providing different project information to potential bidders or bidders of the same project subject to tender;
(2) The qualification, technology and business conditions set are not suitable for the specific characteristics and actual needs of the project subject to tender or have nothing to do with the performance of the contract;
(three) the project subject to tender according to law is based on the performance and awards of a specific administrative region or a specific industry as a condition for extra points or winning the bid;
(4) adopting different qualification examination or evaluation criteria for potential bidders or bidders;
(5) Defining or designating a specific patent, trademark, brand, country of origin or supplier;
(six) the project that must be subject to tender according to law illegally restricts the ownership or organizational form of potential bidders or bidders;
(seven) to restrict or exclude potential bidders or bidders by other unreasonable conditions.
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