Notice on the issuance of the "Operation Guidelines for Handling Objections in Tendering and Bidding Activities for Engineering Construction Projects in Tianjin"

Tianjin Zhengfu Gongyi [2022] No. 1

Relevant bidders, objectors, transaction service agencies, and administrative supervision departments:

The "Tianjin The Operational Guidelines for Handling Objections in Bidding and Bidding Activities for Municipal Engineering Construction Projects are issued to you. Please implement them accordingly.

Municipal Affairs Service Office Municipal Development and Reform Commission Municipal Housing and Urban-Rural Development Commission

Municipal Transportation Commission Municipal Water Conservancy Bureau

March 31, 2022

Tianjin Engineering Construction Project Tendering and Bidding Activities

Operation Guidelines for Objection Handling

In order to maintain the order of engineering construction project bidding and tendering and protect the legitimate rights and interests of the parties involved in bidding, a unified specification has been established The objection handling mechanism for engineering construction project bidding activities is formulated in accordance with the "Tendering and Bidding Law of the People's Republic of China", the "Implementation Regulations of the Tendering and Bidding Law of the People's Republic of China" and other relevant provisions, and in light of the actual situation of this city, these guidelines are formulated .

1. Qualifications of objectors

Bidders and other interested parties believe that bidding activities violate relevant laws and regulations and have the right to raise objections to the tenderer. Specifically include:

(1) Bidder;

(2) Potential bidder;

(3) Unit using the bidding project;

(4) Bidding agency;

(5) Specific subcontractors or suppliers who have signed a conditional effective agreement with the bidder in advance and meet the requirements of the bidding project.

If objections are raised by entities other than those mentioned above, the tenderer may not accept the objection, and shall inform the objector that he or she may resubmit after supplementing the subject's qualification certification materials within the objection time limit.

The opponent shall bear the corresponding burden of proof as to whether the identity of the opponent is qualified.

2. Objection raised

The objector shall raise objections to the tenderer in writing, except where the objection only relates to the bid opening. Objections to the bid opening activities shall be raised at the bid opening site.

The written materials submitted by the opponent shall include the following contents:

(1) Name, address and valid contact information of the opponent;

(2) Reasons for the objection Basic facts;

(3) Relevant requests and claims;

(4) Effective clues and relevant supporting materials;

(5) The opponent has other interests Relevant description of the related person.

If the opponent is a legal person, the objection letter must be signed and sealed by its legal representative or authorized representative; if other organizations or natural persons raise objections, the objection letter must be signed by its principal person in charge or the opponent himself. , and attach a copy of valid identity certificate.

The relevant materials in the objection letter are in a foreign language, and the person raising the objection should also provide its Chinese translation.

The objector can submit a letter of objection directly by himself or entrust an agent to handle the objection matters. When an agent handles objection matters, he or she shall submit the power of attorney together with the objection letter. The power of attorney should specify the authority and matters concerning the entrusted agent.

3. Objections

The objector can only raise objections to the tenderer on pre-qualification documents, bidding documents, bid opening and bid evaluation results. The objector can raise objections to the tenderer on other matters. If there is any objection, the tenderer may not accept the application.

Objections to pre-qualification documents and bidding documents specifically include:

(1) Failure to state necessary information;

(2) Deliberate concealment of true information ;

(3) Setting up different qualification conditions for different potential bidders;

(4) Restricting potential bidders from bidding with unreasonable qualification conditions;

(6) Only some potential bidders are organized to conduct on-site inspections;

(7 ) Designate a specific patented product or supplier;

(8) The stated bid evaluation standards and methods are too principled and the room for discretion is too large, making it impossible for potential bidders to accurately grasp the intention of the bidder. Unable to scientifically prepare pre-qualification application documents or bidding documents;

(9) The qualifications, technical and business conditions set in the bidding documents are incompatible with the specific characteristics and actual needs of the bidding project or have nothing to do with the performance of the contract;

(10) Using performance and awards in specific administrative regions or specific industries as conditions for bonus points or winning bids;

(11) Other mandatory provisions that violate laws and administrative regulations , content that violates the principles of openness, fairness, impartiality and good faith.

Objections to the bid opening specifically include:

(1) Bid document submission time, submission process or bid deadline;

(2) Sealing of bid documents Inspection and unsealing;

(3) Contents of bidding;

(4) Bid opening record;

(5) Sequence of bidding;

(7) Article 34 of the "Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China" between the bidder and the tenderer or the bidders Provisions on conflicts of interest;

(8) Other circumstances that do not comply with relevant regulations.

Objections to the bid evaluation results specifically include:

(1) The qualifications and other contents of the successful bidder are falsified;

(2) The bid evaluation committee The formation procedure is illegal;

(3) The composition structure of the bid evaluation committee is illegal;

(4) The evaluation procedure does not comply with the provisions of laws, administrative regulations or bidding documents;< /p>

(5) Failure to conduct evaluation in accordance with the bid evaluation standards and methods specified in the bidding documents;

(6) Treating bidders differently during evaluation;

(7) Errors in determining facts in bid evaluation;

(8) Errors in specific judgments, bid price and bid evaluation score calculations in bid evaluation;

(9) Others Circumstances that affect the bid evaluation results.

4. Time limit for objections

Any objection to the pre-qualification documents should be submitted 2 days before the deadline for submitting the pre-qualification application documents. Any objection to the bidding documents should be submitted 10 days before the deadline for bidding. Any objection to the bid opening shall be raised at the bid opening site. Any objections to the bid evaluation results should be raised during the public announcement period for the winning bidder.

If the objector raises an objection after the expiration of the prescribed time limit, the tenderer may not accept the application. However, if there are indeed violations of laws and regulations, the tenderer should treat it with caution and take corresponding remedial measures, and clues about suspected illegal and disciplinary violations should be handed over to the corresponding administrative supervision department.

5. Objection Acceptance

For objections that meet the acceptance conditions, the day when the objection application is received is the day of acceptance. After receiving the objection letter, the tenderer shall promptly communicate and verify with the objector and the winning candidate. Objections that fall under any of the following circumstances may not be accepted:

(1) The objector is not qualified;

(2) There are no clear objection matters;

(3) No valid clues, relevant evidence, supporting materials, or the source of the attached evidence are illegal in the matter of objection;

(4) The objection letter is not signed with the real name, signature and valid contact information of the objector;< /p>

(5) The objection is raised in the name of a legal person, and the objection letter is not signed by the legal representative and stamped with the official seal;

(6) The corresponding statute of limitations is exceeded;

( 7) A response has been made and the opponent has not submitted new evidence;

(8) Other objections that should not be accepted.

For objections that are not accepted, the tenderee shall inform the objector of the reasons for rejection and inform the objector that he or she may supplement or modify the objection letter and resubmit it within the time limit for raising the objection. If no supplementary or resubmitted objection letter is received from the opponent within the specified time limit, the opponent will be deemed to have given up the objection.

If the tenderee refuses to accept the bid without justifiable reasons, the objector may complain to the administrative supervision department.

In order to protect its own rights and interests, the tenderer may conduct a simple formal review of objections that are not accepted or withdrawn. If any behavior is found to be inconsistent with laws and administrative regulations, it may report it to the relevant administrative supervision department. complaint.

6. Objection Handling

For objections to pre-qualification documents, bidding documents, and bid evaluation results, the tenderer shall provide a written reply within 3 days from the date of acceptance of the objection.

Tendering and bidding activities shall be suspended before the objection is answered. If the objection is raised by the objector at the bid opening site, the tenderee shall respond on the spot and make a record. If the objector raises objections to the bid opening matters after the bid opening is completed, it will not be accepted.

The tenderer shall notify the objector of the outcome of the objection in writing. The tenderer shall establish objection handling files and keep them for future reference. If the tenderee finds any behavior that does not comply with the provisions of laws and administrative regulations in the process of handling objections, it may complain to the administrative supervision department within 10 days from the date it knows or should know.

7. Other Matters

The administrative supervision department should guide and urge the project bidders who must conduct bidding according to the law to announce the acceptance of objections in the pre-qualification announcement, pre-qualification documents, bidding announcement, and bidding documents. Contact persons and contact information, and promptly respond to and handle objections raised by relevant entities in accordance with the law.

The Municipal Public *** Resource Trading Center has gradually established and improved the city's unified electronic information platform for handling objections to bidding activities for engineering construction projects, so that projects that require bidding according to law can raise objections and make decisions online through the electronic information platform. Replies, public information.

Matters not covered in this guideline shall be implemented in accordance with relevant laws, regulations and rules.

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