(Promulgated by Decree No.613 of the State Council of the People's Republic of China on December 2, 211 and revised according to the Decision of the State Council on Amending and Abolishing Some Administrative Regulations on March 1, 217) Chapter 1 of the Catalogue is revised according to the Decision of the State Council on Amending Some Administrative Regulations by Order No.698 of the State Council on March 19, 218. Total? Then
Chapter II? Recruit?
chapter iii? Cast?
chapter iv? Bid Opening, Bid Evaluation and Bid Winning
Chapter V? Complaint and handling
Chapter VI? Legal liability
Chapter VII? Attached? Then
introduce
the first chapter in detail? Total? Then
the first one? In order to regulate the bidding activities, these Regulations are formulated in accordance with the Bidding Law of the People's Republic of China (hereinafter referred to as the Bidding Law).
article 2? The construction project mentioned in Article 3 of the Bidding Law refers to the project and the goods and services related to the project construction.
the project mentioned in the preceding paragraph refers to the construction project, including the new construction, reconstruction and expansion of buildings and structures, and related decoration, demolition and repair; The goods related to the project construction refer to the equipment and materials that constitute an integral part of the project and are necessary to realize the basic functions of the project; The services related to the project construction refer to the services such as survey, design and supervision required for the completion of the project.
article 3? The specific scope and scale standards of construction projects that must be subject to tender according to law shall be formulated by the development and reform department of the State Council in conjunction with the relevant departments of the State Council, and shall be promulgated and implemented after being approved by the State Council.
article 4? The development and reform department of the State Council guides and coordinates the national bidding work, and supervises and inspects the bidding activities of major national construction projects. The State Council industry and information technology, housing and urban construction, transportation, railways, water conservancy, commerce and other departments, in accordance with the provisions of the division of responsibilities to supervise the bidding activities.
the development and reform departments of local people's governments at or above the county level guide and coordinate the bidding work in their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall, in accordance with the prescribed division of responsibilities, supervise the bidding activities and investigate and deal with illegal acts in bidding activities according to law. Where the local people's governments at or above the county level have other provisions on the division of supervision responsibilities of their subordinate departments related to bidding activities, such provisions shall prevail.
the financial department shall supervise the budget implementation and government procurement policy implementation of government procurement construction projects subject to bidding according to law.
the supervisory organ shall supervise the objects of supervision related to bidding activities according to law.
article 5? Local people's governments at or above the municipal level with districts may, according to actual needs, establish unified and standardized bidding and tendering trading places to provide services for bidding and tendering activities. Tendering and bidding trading places shall not be subordinate to the administrative supervision departments, and shall not be for profit.
the state encourages the use of information networks for electronic tendering and bidding.
article 6? State functionaries are prohibited from illegally interfering in bidding activities in any way.
chapter two? Recruit? Mark
article 7? In accordance with the relevant provisions of the state, it is necessary to perform the procedures of project approval and approval, and the bidding scope, bidding method and bidding organization form should be reported to the project approval and approval department for approval and approval. The project examination and approval department shall promptly notify the relevant administrative supervision departments of the scope, methods and organizational forms of bidding determined by examination and approval.
article 8? Projects that must be subject to tender according to law, in which state-owned funds occupy a controlling or leading position, shall be subject to public tender; However, in any of the following circumstances, you can invite tenders:
(1) The technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose from;
(2) The cost of public bidding accounts for a large proportion of the project contract amount.
projects listed in item 2 of the preceding paragraph, which belong to the provisions of article 7 of these regulations, shall be identified 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 Law on Tendering and Bidding, bidding may not be conducted under any of the following circumstances:
(1) irreplaceable patents or proprietary technologies are required;
(2) The purchaser can construct, produce or provide it by himself according to law;
(3) The investors of franchise projects who have been selected through bidding can build, produce or provide them by themselves according to law;
(4) It is necessary to purchase the project, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(5) other special circumstances stipulated by the state.
a tenderer who practices fraud in order to apply the provisions of the preceding paragraph belongs to evading bidding as stipulated in Article 4 of the Bidding Law.
article 1? The tenderer 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 tenderer has technical and economic professionals suitable for the scale and complexity of the bidding project.
article 11? The State Council city housing and urban construction, commerce, development and reform, industry and information technology departments, in accordance with the provisions of the division of responsibilities of the bidding agency to implement supervision and management according to law.
article 12? A bidding agency shall have a certain number of professionals with corresponding abilities such as preparing bidding documents and organizing bid evaluation.
article 13? A bidding agency shall carry out the bidding agency business within the scope entrusted by the tenderer, and 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 tenderers. 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.
article 14? The tenderee shall sign a written entrustment contract with the entrusted procuratorial agency, and the charging standard agreed in the contract shall comply with the relevant provisions of the state.
article 15? For a project subject to public bidding, a tender announcement and tender documents shall be issued in accordance with the provisions of the Bidding Law and these Regulations.
if a tenderer uses the prequalification method to examine the qualifications of potential bidders, it shall issue a prequalification announcement and prepare prequalification 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 issued 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 bidding documents for projects that must be subject to bidding according to law shall use the standard texts formulated by the development and reform department of the State Council in conjunction with relevant administrative supervision departments.
article 16? The tenderer shall sell the prequalification documents or tender documents at the time and place specified in the prequalification 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 shall be limited to compensating the cost of printing and mailing, and shall not be for profit.
article 17? The tenderer shall reasonably determine the time for submitting the pre-qualification application documents. The time for submitting pre-qualification application documents for projects subject to tender according to law shall not be less than 5 days from the date when the pre-qualification documents stop selling.
article 18? Pre-qualification shall be conducted in accordance with the standards and methods specified in the pre-qualification documents.
for a project that must be subject to tender according to law, in which state-owned funds are in the controlling or leading position, the tenderer shall set up a qualification examination committee to examine the pre-qualification application documents. 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.
article 19? After the prequalification, the tenderee shall issue a notice of prequalification result to the prequalification applicant in time. Applicants who have not passed the pre-qualification examination are not qualified to bid.
if there are less than three applicants who have passed the pre-qualification, a new tender shall be invited.
article 2? If the tenderer uses the post-qualification method to examine the qualifications of bidders, it shall, after the bid opening, be examined by the bid evaluation committee according to the standards and methods specified in the tender documents.
article 21? The tenderer may make necessary clarifications or modifications to the pre-qualification documents or bidding documents that have been issued. If the 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 the prequalification application documents or bidding documents.
article 22? If potential bidders or other interested parties have objections to the prequalification documents, they shall raise them 2 days before the deadline for submitting the prequalification application documents; Any objection to the tender documents shall be raised 1 days before the deadline for bidding. The tenderer shall make a reply within 3 days from the date of receiving the objection; Before making 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 tenderee violate the mandatory provisions of laws and administrative regulations, violate the principles of openness, fairness, impartiality and good faith, and affect the prequalification results or the bidding of potential bidders, the tenderee of a project that must be tendered according to law shall re-tender after modifying the prequalification documents or bidding documents.
article 24? The tenderee shall abide by the relevant provisions of the Bidding Law when dividing bid sections for a project subject to tender, and shall not use the division of bid sections to restrict or exclude potential bidders. The tenderer of a project that must be subject to tender according to law shall not use the division of tenders to avoid bidding.
article 25? The tenderer shall specify the validity period of the bid in the tender documents. The validity of the bid shall be counted 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 bid bond shall be consistent with the validity period of bid.
The bid bond submitted by the domestic tendering unit in the form of cash or cheque for a project that must be subject to tender according to law shall be transferred from its basic deposit account.
the tenderer shall not misappropriate the bid bond.
article 27? 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 bidding documents or provide consultation for the bidders of the project.
if a 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? The tenderer shall not organize individual or part of potential bidders to visit the project site.
article 29? A tenderer may, in accordance with the law, carry out general contracting bidding for the project and all or part of the goods and services related to the project construction. If the projects, goods and services included in the general contracting scope 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 assessed by the tenderee in the tender documents when the price cannot be determined during the general contracting tender.
article 3? For projects with complex technology or unable to accurately draw up technical specifications, the tenderee may conduct bidding in two stages.
in the first stage, the bidder submits the technical proposal without quotation according to the requirements of the tender announcement or invitation to bid, 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 bidder who submitted the technical proposal in the first stage, and the bidder submits the bidding documents including the final technical scheme and bidding quotation according to the requirements of the bidding documents.
if a tenderer requires a bidder to submit a bid bond, it shall do so in the second stage.
article 31? If the tenderer terminates the tender, it shall issue an announcement in time or notify the potential bidders who have been 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 refund the fees charged for the pre-qualification documents and bidding documents, as well as the bid bond and the interest of the bank deposit for the same period.
article 32? A tenderer may not restrict or exclude potential bidders or bidders with unreasonable conditions.
A tenderer who commits one of the following acts is deemed to restrict or exclude potential bidders or bidders with unreasonable conditions:
(1) Providing different project information to potential bidders or bidders for the same project subject to tender;
(2) The qualifications, 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;
(3) The performance and awards of a specific administrative region or a specific industry shall be used as bonus points or bid-winning conditions for projects that must be subject to tender according to law;
(4) adopting different qualification examination or bid evaluation criteria for potential bidders or bidders;
(5) limiting or designating a specific patent, trademark, brand, country of origin or supplier;
(6) The ownership form or organization form of potential bidders or bidders is illegally restricted for projects that must be subject to tender according to law;
(7) restricting or excluding potential bidders or bidders with other unreasonable conditions.
chapter 3? Cast?
article 33? Bidders participating in the bidding of projects that must be subject to tender according to law are not restricted by regions or departments, and no unit or individual may illegally interfere.
article 34? Legal persons, other organizations or individuals whose interests may affect the fairness of bidding may not participate in bidding.
the person in charge of the unit is the same person or different units with holding and management relations, and may not participate in the bidding of the same bid section or the bidding of the same project subject to tender without dividing the bid section.
in case of violation of the provisions of the preceding two paragraphs, all relevant bids are invalid.
article 35? If a bidder withdraws the submitted bidding documents, it shall notify the tenderer in writing before the deadline for bidding. If the tenderer has received the bid bond, it shall return it within 5 days from the date of receiving the written withdrawal notice from the bidder.
if the bidder cancels the bid documents after the deadline for bidding, the tenderer may not return the bid bond.
article 36? Bidding documents submitted by applicants who have not passed the pre-qualification examination, as well as those that have been delivered late or are not sealed according to the requirements of the bidding documents, shall be rejected by the tenderer.
the tenderee shall truthfully record the delivery time and sealing conditions of the bid documents and keep them on file for future reference.
article 37? The tenderer shall specify whether to accept the consortium bid in the prequalification announcement, tender announcement or invitation to bid.
if the tenderer accepts the bid of a consortium and conducts prequalification, the consortium shall be formed before submitting the prequalification application documents. If the consortium adds, subtracts or replaces members after the prequalification, its bid will be invalid.
all parties of the consortium bid separately or participate in other activities in their own names in the same project subject to tender.