Tendering and bidding are the "Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China", which were adopted at the 183rd executive meeting of the State Council on November 30, 2011, and are hereby announced. Effective from February 1, 2012 Be implemented. Tendering and Bidding Law is the general term for the legal norms used by the state to regulate tendering and bidding activities and adjust various relationships arising in the tendering and bidding process. This law is formulated to regulate bidding activities, protect national interests, social public interests and the legitimate rights and interests of parties involved in bidding activities, improve economic benefits, and ensure project quality. The following is relevant information collected by Architectural Network for construction professionals.
The basic content of the Bidding Implementation Regulations:
Chapter 1 General Provisions
Article 1 In order to regulate bidding activities, in accordance with the "People's Republic of China and the The National Tendering and Bidding Law [4] (hereinafter referred to as the Tendering and Bidding Law) formulates these regulations.
Article 2: The construction projects referred to in Article 3 of the Bidding and Bidding Law refer to projects and goods and services related to project construction.
The projects referred to in the preceding paragraph refer to construction projects, including the new construction, reconstruction, expansion of buildings and structures and related decoration, dismantling, repairs, etc.; the so-called goods related to project construction are Refers to the equipment, materials, etc. that constitute an integral part of the project and are necessary to realize the basic functions of the project; the so-called services related to project construction refer to the survey, design, supervision and other services required to complete the project.
Article 3: The specific scope and scale standards of engineering construction projects that require bidding according to law shall be formulated by the development and reform department of the State Council in conjunction with 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 and bidding work, and supervises and inspects the engineering bidding and bidding activities of major national construction projects. The departments of industry and information technology, housing and urban-rural development, transportation, railways, water conservancy, and commerce of the State Council shall supervise relevant bidding activities in accordance with the prescribed division of responsibilities.
The development and reform departments of local people's governments at or above the county level guide and coordinate the bidding and tendering work in their respective administrative regions. Relevant departments of local people's governments at or above the county level shall supervise bidding activities in accordance with the prescribed division of responsibilities, and investigate and deal with illegal activities in bidding activities in accordance with the law. If the local people's government at or above the county level has other provisions on the division of labor and supervision of the bidding activities of its subordinate departments, such provisions shall prevail.
The financial department shall supervise the budget implementation of government procurement construction projects and the implementation of government procurement policies in accordance with the law.
Supervisory agencies shall supervise supervision objects related to tendering and bidding activities in accordance with the law.
Article 5: Local people's governments at or above the districted city level may, based on actual needs, establish unified and standardized bidding and bidding transaction venues to provide services for bidding and bidding activities. Tendering and bidding trading venues must not have a subordinate relationship with the administrative supervision department, and must not be for profit.
The state encourages the use of information networks for electronic bidding.
Article 6: State personnel are prohibited from illegally interfering in bidding activities in any way.
Chapter 2 Bidding
Article 7 For projects that require project approval and verification procedures in accordance with relevant national regulations and are subject to bidding according to law, the scope of bidding, bidding methods, and bidding organization forms It should be reported to the project approval and verification department for review and approval. The project approval and verification departments shall promptly notify the relevant administrative supervision departments of the bidding scope, bidding methods, and bidding organization forms determined by the approval and verification.
Article 8 Projects in which state-owned funds hold a controlling or dominant position and must be subject to bidding according to law shall be subject to public bidding; however, under any of the following circumstances, bidding may be invited:
(1) ) The technology is complex, has special requirements or is restricted by the natural environment, and there are only a small number of potential bidders to choose from;
(2) The cost of using public bidding accounts for a large proportion of the project contract value.
If there is a situation listed in the second item of the previous paragraph, it is a project stipulated in Article 7 of these Regulations, and the project approval and verification department shall make a determination when approving and approving the project; other projects shall be subject to the relevant administrative procedures applied by the tenderee. The supervisory authority makes the determination.
Article 9 In addition to the special circumstances stipulated in Article 66 of the Tendering and Bidding Law, bidding may not be conducted if there is one of the following circumstances:
( 1) It is necessary to use irreplaceable patents or proprietary technologies;
(2) The purchaser can build, produce or provide it by itself in accordance with the law;
(3) It has been selected through bidding Investors in franchise projects are able to construct, produce or provide by themselves in accordance with the law;
(4) It is necessary to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional supporting requirements;
< p>(5) Other special circumstances stipulated by the state.If the tenderer commits fraud to apply the provisions of the preceding paragraph, it shall be considered as avoidance of tendering as stipulated in Article 4 of the Tendering and Bidding Law.
Article 10 The tenderee as stipulated in Paragraph 2 of Article 12 of the Tendering and Bidding Law has the ability to prepare tender documents and organize bid evaluations, which means that the tenderer has the technology appropriate to the scale and complexity of the tender project. , professionals in economics and other fields.
Article 11: The qualifications of bidding agencies shall be determined by relevant departments in accordance with laws and regulations of the State Council.
The departments of Housing and Urban-Rural Development, Commerce, Development and Reform, Industry and Information Technology of the State Council shall supervise and manage bidding agencies in accordance with the law according to the prescribed division of responsibilities.
Article 12 A bidding agency shall have a certain number of professionals who have obtained professional qualifications for bidding. Specific measures for obtaining professional qualifications for bidding shall be formulated by the human resources and social security department of the State Council in conjunction with the development and reform department of the State Council.
Article 13: Bidding agencies carry out bidding agency business within the scope of their qualifications and authorization from the tenderer, and no unit or individual may illegally interfere.
Tendering agencies acting as agents for tendering business shall abide by the Tendering and Bidding Law and the provisions of these Regulations on tenderers. Bidding agencies shall not bid or act as agents in the bidding projects they represent, nor may they provide consultation to bidders in the bidding projects they represent.
The bidding agency shall not alter, rent, lend or transfer the qualification certificate.
Article 14 The tenderer shall sign a written entrustment contract with the entrusted tendering agency, and the charging standards agreed in the contract shall comply with relevant national regulations.
Article 15 For projects subject to public bidding, bidding announcements and bidding documents shall be issued in accordance with the provisions of the Bidding and Bidding Law and these Regulations.
If the tenderer uses pre-qualification methods to conduct qualification reviews of potential bidders, it shall issue a pre-qualification announcement and prepare pre-qualification documents.
Prequalification announcements and bidding announcements for projects that require bidding according to law shall be published on the media designated by the development and reform department of the State Council in accordance with the law. The content of prequalification announcements or bidding announcements for the same bidding project published in different media should be consistent. Designated media shall not charge fees for publishing domestic pre-qualification announcements and bidding announcements for projects that require bidding according to law.
When preparing pre-qualification documents and bidding documents for projects that require bidding according to law, the standard texts formulated by the development and reform department of the State Council in conjunction with relevant administrative supervision departments should be used.
Basic principles of the Bidding and Bidding Implementation Regulations:
(1) The principle of openness
That is, "information transparency" requires that bidding activities must be highly transparent. Bidding procedures, bidders' qualifications, bid evaluation standards, bid evaluation methods, bid winning results and other information must be made public so that each bidder can obtain relevant information in a timely manner, thereby participating in the bidding competition on an equal footing and safeguarding its legitimate rights and interests in accordance with the law. At the same time, placing bidding activities in an open and transparent environment also provides important conditions for supervision by the parties and all sectors of society. In this sense, openness is the basis and prerequisite for fairness and justice.
(2) The principle of fairness
That is, "equality of opportunity" requires the tenderer to give equal opportunities to all bidders equally so that they can enjoy the same rights and perform corresponding obligations. No discrimination or exclusion of any bidder. According to this principle, the tenderer shall not require or indicate specific production suppliers or content in the tender documents that favors or excludes potential bidders, shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders. treatment. Otherwise, you will bear corresponding legal liability.
(3) The principle of fairness
That is, "standardized procedures and unified standards" requires that all bidding activities must be carried out in accordance with the prescribed time and procedures to protect all parties involved in the bidding as much as possible. legitimate rights and interests, and ensure procedural fairness; the bidding evaluation standards should be unique, and the same standards should be applied to all bidders to ensure fair standards. In accordance with this principle, the Tendering and Bidding Law and its supporting regulations stipulate specific procedures and legal time limits for bidding, bidding, bid opening, bid evaluation, bid winning, contract signing, etc., and clarify the circumstances of invalidating and rejecting bids. The bid evaluation committee must follow The bid evaluation standards and methods determined and published in advance in the bidding documents shall be used to review, score, and recommend winning bidders. Standards and methods not specified in the bidding documents shall not be used as the basis for bid evaluation and bid winning.
(4) The principle of good faith
The "principle of good faith" is one of the basic principles of civil activities. This is the product of the legalization of the business ethics code of good faith in the market economy. , is a mandatory legal principle based on goodwill and sincerity, trustworthiness, fairness and reasonableness. Bidding activities are essentially civil activities of market entities and must abide by the principle of good faith, which means that the parties involved in bidding must exercise their rights and perform their obligations with a good-faith subjective mentality and an honest and trustworthy attitude. They must not deliberately conceal the truth or engage in fraud. Be dishonest or even treacherous. While pursuing your own interests, try not to harm the interests of others and social interests. Maintain the balance of interests of both parties, as well as the balance of self-interest and social interests. Follow the principle of equality and mutual benefit to ensure transaction safety and promote transaction completion. .
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