A bidder is a legal person or other organization that responds to the bidding and participates in the bidding competition, except as otherwise provided by law. The bidder shall meet the following conditions:
(a) the bidding qualification that meets the requirements of the bidding documents;
(2) Not within the validity period of the penalty for disqualification from bidding;
(3) It is not in a state of suspension of production or business or bankruptcy;
(4) Not in a state where legal acts permitted by laws and regulations are restricted.
The subsidiaries of the tenderee, or legal persons and their subsidiaries that provide services such as feasibility study, survey, design, cost consultation and supervision for construction projects, shall not participate in the construction bidding of construction projects.
Supervision units and their supervision engineers shall not participate in the supervision and bidding of construction projects if they have subordinate relations or other interests with the design units, construction units and equipment and materials supply units of construction projects.
Bidders with affiliation are prohibited from participating in the bidding of the same construction project at the same time.
It is forbidden for the same project leader or relevant technical leaders to participate in more than two construction projects at the same time.
Article 51
Two or more legal persons or other organizations may form a consortium of bidders to jointly bid as one bidder.
The tenderer shall not force bidders to form a consortium to bid.
Article 52
All bidders of the consortium should have the corresponding ability to undertake the project subject to tender. Where relevant national laws and regulations or bidding documents stipulate the qualifications of bidders, all parties to the consortium shall have corresponding qualifications.
A consortium of bidders of the same major or category shall determine the qualification level according to the unit with lower qualification level.
Article 53
All parties to the consortium bidder shall sign a * * * contract bidding agreement signed by the legal representatives or authorized clients of all members of the consortium bidder, clearly specifying the tasks and responsibilities that each party should undertake.
The bidder of the consortium shall submit the * * * agreement to the tenderer. If the * * * consent is not submitted, the tenderer will refuse the bidder of the consortium to participate in the bidding.
If the consortium bidder wins the bid, all parties of the consortium bidder shall sign a contract with the tenderer and bear joint and several liabilities for the winning project.
After signing an agreement with the bidders, the bidders of the consortium may not bid for the same project subject to tender alone or among other bidders of the consortium.
Article 54
After the consortium bidders have passed the qualification examination, any change in the composition of the consortium bidders shall obtain the written consent of the tenderee before the deadline for bidding.
After the change, if the competitiveness of the consortium bidders decreases or includes legal persons or other organizations that have not obtained qualifications in advance, the tenderer may refuse the consortium bidders to participate in the bidding.
Article 55
The bidders of the consortium shall designate a sponsor and authorize the sponsor to preside over and coordinate the bidding and contract implementation stage on behalf of the bidders of the consortium. The sponsor shall submit the authorization documents signed by the legal representatives or authorized clients of all members of the consortium to the bidder.
Article 56
The bidder of the consortium shall submit the bid bond in the name of the sponsor.
Article 57
The bidder's bid documents shall meet the substantive requirements and conditions specified in the tender documents.
The performance and credit documents submitted by the bidder in the bidding documents shall be accompanied by effective contact information that can provide inquiries. If the bidder fails to attach effective contact information as required, the relevant performance and reputation documents will be rejected.
Article 58
A bidder shall submit a bid bond in the time, amount and manner specified in the tender documents before the deadline for bidding.
If the bid bond is submitted in cash, it must be transferred by bank and must come from the bidder's account. If the bidder fails to submit the bid bond as required, it shall be regarded as invalid bid documents and shall not participate in bidding activities.
Article 59
The bidder shall seal the bidding documents and deliver them to the designated places and personnel in accordance with the provisions of the bidding documents before the deadline for bidding. Before the bid opening, no unit or individual may open the bidding documents.
The tenderer will refuse to accept the bidding documents submitted by the bidder after the deadline for bidding, except for the documents that can be submitted after the deadline for bidding as stipulated in the bidding documents.
Article 60
Bidders can supplement, modify, replace or withdraw the submitted bid documents before the deadline for bidding, and the contents of supplement and modification are an integral part of the bid documents.
After the deadline for submission of bids, the bidder shall not supplement, modify, substitute or withdraw its bid documents, except for some documents that can be submitted after the deadline for submission of bids stipulated in the tender documents, the commitments of the tenderer and the bid evaluation committee, or minor deviation correction.
Article 61
Bidders shall not collude with each other or with tenderers, tendering agencies or members of the bid evaluation committee, and shall not allow other units or individuals to bid in the name of bidders or at a price lower than the cost.
Article 62
The following acts between bidders belong to collusive bidding:
(1) The bidders jointly agree on the tender offer;
(two) to determine the winning bidder among bidders before bidding;
(3) If the bid bond is submitted in cash, the bid bonds of different bidders come from the same bidder or the same account;
(four) different bidders entrust the same institution or the same person to prepare the prequalification application or bidding documents;
(5) Pre-qualification applications or bidding documents of different bidders have the same format and content except the prescribed format and content, or are generally similar;
(six) the errors and omissions in the prequalification applications or bidding documents of different bidders are unreasonably consistent;
(seven) the market quotation part of different bidders' bid quotation changes regularly;
(8) There are the same personnel in the project management team or other members specified in the prequalification application or bidding documents of different bidders;
(nine) other collusive bidding behavior.
Article 63
The following acts belong to the collusion between the tenderer and the bidder:
(a) the subordinate personnel of the tenderer and their close relatives manipulate the bidding or participate in the bidding on behalf of the bidder;
(two) the subordinate personnel of the tenderer and their close relatives participate in the pre-qualification application or the preparation of bidding documents in violation of relevant regulations;
(3) The tenderer illegally opens the prequalification application or bidding documents before the prequalification evaluation or bid opening, informs other bidders of the prequalification application or bidding documents in violation of regulations, and assists bidders to change or modify the prequalification application or bidding documents in violation of regulations;
(four) the tenderer and the bidder have reached an agreement on the tender offer;
(5) The tenderer determines the winning bidder in advance;
(six) other collusive bidding behavior.