Interim Measures for the Administration of Bidding Agency Service Charges (promulgated by the State Planning Commission on June 5438+1October 5, 2002, with total price of 2002 1980).
In 2003 and 201/2003, the National Development and Reform Commission issued the Notice of the General Office of the National Development and Reform Commission on Relevant Issues Concerning the Charge of Bidding Agency Services (NDRC Price [2003] No.857) and the Notice of the National Development and Reform Commission on Reducing the Charge Standard of Some Construction Projects and Regulating the Charge Behavior (NDRC Price [201)
2065438+65438 In 2006 +65438 10 +0, the National Development and Reform Commission of the People's Republic of China made an order (No.31) to abolish the above-mentioned documents.
According to the Interim Measures for the Administration of Bidding Agency Service Charges:
Article 1 These Measures are formulated in accordance with the Price Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC) and other relevant laws and administrative regulations in order to regulate the charging behavior of bidding agency services and safeguard the legitimate rights and interests of tenderers, bidders and bidding agencies.
Article 2 These Measures shall apply to the charging behavior of various tendering agency services in People's Republic of China (PRC).
Article 3 The term "bidding agency service fee" as mentioned in these Measures refers to the fees charged by a bidding agency for preparing bidding documents (including pre-qualification documents and pre-tender estimate), examining bidders' qualifications, organizing bidders to visit the site and answer questions, organizing bid opening, bid evaluation and selection, and providing pre-tender consultation and coordinating the signing of contracts.
Article 4 Where a procuratorial agency engages in procuratorial business and collects service fees, it must meet the conditions stipulated in Articles 13 and 14 of the Bidding Law of People's Republic of China (PRC), and have independent legal person qualification and corresponding qualifications.
Article 5 A bidding agency shall handle the bidding matters within the scope entrusted by the tenderer, abide by the laws, regulations and policies of the state, and meet the technical and quality requirements of the tenderer.
Article 6 Bidding agency services shall follow the principles of openness, fairness, equality, voluntariness and compensation. It is strictly forbidden for any unit or individual to designate a bidding agency for the tenderer or force a unit with the qualification of self-bidding to accept the agency and collect fees.
Extended data:
According to the Bidding Law of People's Republic of China (PRC):
Thirteenth bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services.
A procuratorial agency shall meet the following conditions:
(1) Having a business place and corresponding funds for engaging in the bidding agency business;
(two) have the corresponding professional strength to prepare bidding documents and organize bid evaluation;
Article 14
There shall be no subordinate relationship or other interest relationship between the bidding agency and the administrative organ or other state organs.
Article 15 A bidding agency shall handle the bidding matters within the scope entrusted by the tenderer and abide by the provisions of this Law on tenderers.
Article 16 If a tenderer adopts open tender, it shall issue a tender announcement. The tender announcement of a project subject to tender according to law shall be published through newspapers, information networks or other media designated by the state.
The tender announcement shall specify the name and address of the tenderer, the nature, quantity, place and time of implementation of the project subject to tender, and the way to obtain the tender documents.
Article 17? If the tenderer adopts the method of inviting tenders, it shall issue invitations to bid to more than three specific legal persons or other organizations with the ability to undertake the project subject to tender and good credit standing.
The invitation to bid shall specify the matters specified in the second paragraph of Article 16 of this Law.
Article 18 A tenderer may, according to the requirements of the project subject to tender itself, require potential bidders to provide relevant qualification certificates and performance in the tender announcement or invitation letter, and conduct qualification examination on potential bidders; Where the state has provisions on the qualifications of bidders, such provisions shall prevail.
The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders.
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