Service bidding refers to other bidding activities except engineering and goods. For example, bidding in construction engineering survey and design, supervision bidding, engineering consulting and evaluation, bidding for intermediary services such as finance and law, bidding for project legal persons, agents and franchisees, bidding for scientific and technological projects, transfer of property rights of state-owned assets, property management, financial and insurance services, etc.
Usually, the tenderers of service bidding mainly value the ability, level, experience and performance of bidders to provide relevant services, and the evaluation criteria are complex and often vary from project to project. There are few uniform standards except the qualification requirements for bidders. Therefore, the provisions on bidding for various services vary greatly.
With the promotion of the bidding system and the continuous expansion of the field of service bidding, the National Development and Reform Commission and relevant ministries and commissions have formulated a series of regulations and normative documents to regulate all kinds of service bidding activities.
1) The bidding provisions for engineering survey and design mainly include:
(1) Bidding method for survey and design of engineering construction projects. The National Development and Reform Commission, together with the Ministry of Construction, the Ministry of Railways, the Ministry of Communications, the Ministry of Information Industry, the Ministry of Water Resources, the Civil Aviation Administration and the Bureau of Radio, Film and Television, formulated in 2003, is the most important regulation in the field of engineering survey and design bidding, which is applicable to the survey and design bidding activities of various engineering construction projects in China. The conditions, basic procedures, bidding conditions, cancellation or rejection of bidding, compensation for unsuccessful design schemes and re-bidding of foreign design enterprises are specified in detail.
(2) Measures for the Administration of Bidding for Construction Engineering Design (Decree No.82 of the Ministry of Construction). In 2000, the Ministry of Construction formulated all kinds of housing construction project design bidding activities that must be tendered according to law in China, which mainly clarified that the construction department is the supervision and management department of all kinds of housing construction project design bidding, and specifically stipulated the basic procedures, bidding time limit and filing management links of construction project design bidding.
(3) Measures for the Administration of Bidding for Architectural Engineering Scheme Design (Jianshi No.200863). In order to further standardize the bidding activities of architectural engineering scheme design and ensure the quality of architectural engineering scheme design, the Ministry of Housing and Urban-Rural Development formulated this management method in 2008, which is applicable to the bidding and management activities of architectural engineering scheme design in China. It is clear that the design of architectural engineering scheme should be guided by Scientific Outlook on Development, and the principles of applicability and economy should be fully implemented. The bidding of architectural engineering scheme design can be divided into conceptual scheme design bidding and implementation scheme design bidding, and the conditions, pre-qualification methods, contents of bidding documents, bidding time limit, composition of bid evaluation committee, bid evaluation criteria, bid rejection, re-bidding, publicity of successful candidates, bid winning methods, design fees and related intellectual property rights are specified in detail.
④ Other departments' regulations on survey and design mainly include: Management Measures for Bidding and Bidding of Highway Engineering Survey and Design (Order No.6 of the Ministry of Communications), Management Measures for Bidding and Bidding of Waterway Engineering Survey and Design (Order No.4 of the Ministry of Communications) and Management Measures for Bidding and Bidding of Water Conservancy Construction Engineering (20451KLOC-0/No.
2) Provisions on supervision bidding's bidding mainly include: Measures for the Administration of Bidding for Highway Engineering Construction in supervision bidding (Order No.5 of Ministry of Communications), Measures for the Administration of Bidding for Waterway Engineering Construction in supervision bidding (Order No.3 of Ministry of Communications) and Measures for the Administration of Bidding for Water Conservancy Construction in supervision bidding (Shuijianguan No.2002587), which respectively stipulate the bidding activities for highway and waterway engineering construction and water conservancy construction projects in supervision bidding.
3) The provisions on bidding for scientific and technological projects and scientific research topics mainly include:
(1) Interim Measures for Bidding Management of Science and Technology Projects (Guo Kezi No.2000589). The Ministry of Science and Technology formulated in 2000, which is applicable to the bidding activities of science and technology projects funded by the Chinese government. It is clearly required that science and technology projects with government financial allocation as the main input should be subject to bidding, and the supervision and management department of science and technology project bidding, the conditions for not inviting bidding, the main contents of bidding documents, the bidding time, the situation of invalid bidding and the legal responsibility of related illegal acts are specified in detail.
(2) Interim Measures for Bidding Management of National Scientific Research Projects (No.2002 165 of the State Science and Technology Bureau). The Ministry of Science and Technology, together with the Ministry of Finance, the State Planning Commission, the State Economic and Trade Commission and other departments, formulated in 2002, which is applicable to the tendering and bidding activities of national scientific research projects and their supervision and management. National scientific research projects with clear research objectives and contents, clear time limit for completion and clear evaluation criteria should be subject to bidding, and the supervision and management department of scientific research project bidding, the main contents of bidding documents, the standards and methods of bid evaluation, the main contents of bid evaluation report and the legal responsibilities related to illegal acts are specified in detail.
4) Provisions on the transfer of property rights of state-owned assets mainly include:
① Interim Measures for the Administration of the Transfer of State-owned Property Rights of Enterprises (Order No.3 of the State-owned Assets Supervision and Administration Commission). The State-owned Assets Management Committee of the State Council and the Ministry of Finance made it clear in 2003 that the transfer of state-owned property rights of enterprises can be carried out by auction, bidding, agreement transfer and other means stipulated by national laws and administrative regulations, and it should be conducted openly in legally established property rights trading institutions. It also specifies the supervision and management departments and responsibilities, transfer procedures, main contents of the transfer contract, transfer approval procedures and legal responsibilities related to illegal acts.
(2) Provisions on Transferring the Right to Use State-owned Construction Land by Bidding, Auction and Listing (Decree No.39 of the Ministry of Land and Resources). Formulated by the Ministry of Land and Resources in 2007, it is applicable to the activities of establishing the right to use state-owned construction land on the surface, above ground or underground of China's land by means of bidding, auction or listing, and specifically stipulates the bidding scope, the basic contents of bidding announcement, the basic procedures of bidding and the responsibilities and methods of supervision and management of the administrative departments of land and resources. In addition, in order to standardize the bidding, auction and listing transfer of land use rights, the Ministry of Land and Resources and the Ministry of Supervision formulated the Notice on Strictly Implementing the Bidding, Auction and Listing Transfer of Operating Land Use Rights (Guo Tu Zi Fa [2002] No.265) in 2002, which made it clear that transferring state-owned land use rights through bidding, auction and listing is an effective measure to prevent corruption in the land supply chain from the source, and made specific provisions on the norms of leading cadres' political behavior. Strengthen the centralized and unified management of government land, increase the disclosure of land supply information, strictly tender, auction and listing procedures, and strengthen supervision and inspection.
5) The provisions on bidding for franchise, property management and other services mainly include:
① Measures for the Administration of Municipal Public Utilities Franchise (DecreeNo. 1). Ministry of Construction 126). In 2004, the Ministry of Construction made it clear that municipal public utilities projects should adopt the franchise mode, and specified the conditions for participating in the franchise bidding, the franchise bidding procedures, the main contents of the franchise agreement, the regulatory responsibilities of the competent authorities, the franchise period and the penalties for related illegal acts.
(2) Provisions on the Administration of Bidding for Investors in Operating Highway Construction Projects (Order No.8 of the Ministry of Communications). Formulated by the Ministry of Communications in 2007, it is applicable to the bidding activities of investors in China's commercial highway construction projects, which clarifies the supervision and management responsibilities of traffic management departments at all levels for the bidding of investors in commercial highway construction, and specifically stipulates the conditions, basic procedures, bidder conditions, bid evaluation standards and methods for investors' bidding.
(3) Interim Measures for Bidding Management of Early Property Management (J.J. [2003] 130). Formulated by the Ministry of Construction in 2003, it is applicable for construction units to select qualified property management enterprises and administrative departments to supervise and manage property management bidding activities through bidding. It is clear that the construction administrative department at or above the county level is the supervision and management department of property management bidding activities, and detailed provisions are made on the main contents of the property management bidding documents, pre-qualification, the time limit for completing the preliminary bidding of property management, the evaluation criteria and methods, and the method for determining the winning bidder.