Article 2 The bidding activities within the administrative area of this Municipality shall abide by the Bidding Law of People's Republic of China (PRC) and other relevant laws, regulations and these Measures.
Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality and good faith.
Article 4 No unit or individual may impose regional blockade, departmental and industrial restrictions on bidding activities.
No unit or individual may break up projects that must be subject to bidding according to law or evade bidding in any other way.
Article 5 The municipal development planning administrative department shall be responsible for guiding and coordinating the bidding work of the whole city, formulating comprehensive bidding policies jointly with relevant departments, and coordinating and handling disputes and contradictions in bidding activities of relevant departments.
County (city) and district development planning administrative departments are responsible for guiding and coordinating the bidding work within their respective administrative areas.
Article 6 The relevant administrative supervision departments of the Municipal People's Government shall supervise and manage the bidding activities according to their respective responsibilities, and the specific division of responsibilities is as follows:
(a) the municipal construction administrative department is responsible for the supervision and management of the construction of various houses and their ancillary facilities, the installation of supporting lines, pipelines and equipment, and the bidding activities of municipal engineering projects;
(two) the supervision and management of the bidding activities of fixed assets investment projects and technological innovation projects of enterprises in the industrial and commercial fields of this Municipality shall be in charge of the municipal economic administrative department;
(three) the supervision and management of the bidding activities of imported mechanical and electrical equipment procurement projects shall be the responsibility of the municipal administrative department of foreign trade and economic cooperation;
(four) the supervision and management of the bidding activities of government procurement projects shall be the responsibility of the municipal finance department;
(five) the supervision and management of the bidding activities of medical devices and drug procurement projects shall be the responsibility of the municipal public health administrative department;
(six) the supervision and management of the bidding activities for the transfer of operating state-owned land use rights shall be the responsibility of the municipal administrative department of land and resources;
(seven) water supply, gas supply, heating and other public works management project investors or the right to choose the supervision and management of bidding activities, by the municipal administrative department of urban management;
(eight) the supervision and management of domestic trade, water conservancy, transportation, information industry and other industries and industrial projects bidding activities, respectively, by the municipal administrative departments of trade, water conservancy, transportation, information industry and other;
(nine) the supervision and management of the bidding activities included in the key projects of this Municipality shall be the responsibility of the municipal development planning administrative department.
The relevant administrative supervision departments of the county (city) and District People's governments shall, with reference to the provisions of the preceding paragraph and in accordance with their respective functions and powers, implement administrative supervision and management over the relevant bidding activities within their respective administrative areas.
Article 7 All construction projects that fall within the scope stipulated in Article 3 of the Bidding Law of People's Republic of China (PRC) and meet one of the following standards must be subject to tender:
(a) the estimated price of a single construction contract is more than 500,000 yuan;
(two) the estimated price of a single contract for the procurement of important equipment, materials and other goods is more than 500 thousand yuan;
(three) the estimated price of a single procurement contract for survey, design, supervision and other services is more than 300 thousand yuan;
(4) The estimated price of a single contract is lower than the standards specified in items (1), (2) and (3), but the total investment of the project is more than 6,543,800 yuan.
Article 8 The following items shall be determined by bidding or other means permitted by laws and regulations: Bidding shall be included in the scope of projects that must be tendered according to law:
(a) the choice of investors in government franchise projects;
(2) Selecting agents and operators of government-invested or government-financed projects;
(three) choose roads, water supply, electricity, communications and other facilities or product management rights monopolized or controlled by the state;
(4) Procurement of medical equipment and medicines by medical institutions;
(5) State-funded scientific research projects;
(six) other projects involving social interests and public safety.
Article 9 The specific scope and scale standards of the projects listed in Articles 7 and 8 of these Measures shall be formulated and adjusted by the municipal development planning administrative department in conjunction with the relevant administrative supervision departments in accordance with the provisions of relevant laws and regulations and the actual situation of this Municipality, and implemented after being reported to the Municipal People's Government for approval.
Article 10 Where there are provisions in laws, regulations and rules on the bidding procedures of projects that must be subject to bidding according to law, such provisions shall prevail; There are no provisions in laws, regulations and rules, which shall be formulated by the municipal development planning administrative department in conjunction with the relevant administrative supervision and management departments and implemented after being reported to the Municipal People's government for approval.
Eleventh a project subject to tender in accordance with the relevant provisions of the state need to go through the examination and approval procedures, should go through the examination and approval procedures first.
Twelfth key construction projects identified by the Municipal People's government, as well as all construction projects that use state-owned funds to invest or state-owned funds to invest in the holding or leading position, should be open to tender; In any of the following circumstances, it is not suitable for public bidding, and you can invite bidding:
(a) due to complex technology, strong professionalism or other special requirements, as well as limited by natural resources and environment, only a few qualified potential bidders can choose;
(two) involving national security, state secrets or disaster relief, which is suitable for bidding but not suitable for public bidding;
(three) involving the protection of patent rights;
(four) the cost of the proposed public bidding is too high compared with the project value.
In accordance with the provisions of the project must be open tender, the tenderer shall, at the same time, send an invitation to bid, to the project examination and approval department and the relevant administrative supervision departments for the record.
Article 13 A tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender. The tenderer of government investment and government financing projects shall prepare the tender documents according to the approved preliminary design scheme, and report to the relevant administrative supervision departments for the record in a timely manner.
The tenderer can only charge the cost of selling the tender documents.
Article 14 The tender announcement of a project subject to tender according to law shall be published by the tenderer in the designated newspapers, information networks or other media in accordance with the relevant provisions of the state, and shall be uniformly published in the tangible market of bidding.
Article 15 For a project subject to tender according to law, if the tenderee considers it really necessary to pre-qualify the bidders according to the nature, characteristics and requirements of the project subject to tender, it shall prepare the conditions and methods for pre-qualification, specify them in the tender announcement or invitation letter, and file them with the relevant administrative supervision departments.
If the tenderer of a drug procurement project intends to limit the number of bidders, it shall specify the number of bidders after prequalification in the tender announcement, and select the best bidder according to the conditions and methods of prequalification; Under the same conditions, the tenderer shall select bidders through fair competition. The number of bidders shall not be less than 15.
If the number of bidders who have passed the pre-qualification and the pre-qualification method are not specified in the tender announcement, the tenderer shall not restrict bidders who meet the pre-qualification standards from bidding.
The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders.
Article 16 A tenderer may entrust a bidding agency to handle the bidding matters, or it may handle the bidding matters by itself according to law.
For a project that must be subject to tender according to law, the tenderer shall have the ability to prepare tender documents and organize bid evaluation, and file with the relevant administrative supervision and management departments.
If the tenderer does not have the conditions for self-tendering, it shall entrust a bidding agency with corresponding qualifications to handle the bidding matters and sign an agency contract.
Seventeenth bidding agencies must be social intermediary organizations established according to law, engaged in bidding agency business and providing related services.
A procuratorial agency shall not have subordinate relations or other interests with administrative organs or other state organs.
Relevant departments should actively cultivate and standardize the bidding agency market in this Municipality, and guide bidding agencies to establish industry self-regulatory organizations.
Article 18 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation. The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.
For a project subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and bid evaluation experts in relevant technical and economic aspects, with an odd number of five or more members, of which the technical and economic experts shall not be less than two thirds of the total number of members.
The bid evaluation experts shall be randomly selected by the tenderee from the list of experts of related majors in the bid evaluation expert database established according to law; For a project subject to tender with particularly complex technology, high professional requirements or special requirements of the state, if the experts randomly selected are incompetent, they can be directly determined by the tenderer.
The municipal development planning administrative department shall, jointly with relevant departments, establish a unified roster of bid evaluation experts.
Nineteenth projects that must be subject to tender according to law, the tenderer shall, before sending the bid-winning notice to the potential bid winner, publish the bid-winning results in the tangible market and other designated media in time. The publicity period of the winning bid result is generally not less than 3 days. During the publicity period, bidders and other interested parties have the right to question or apply for verification to the tenderee and relevant administrative supervision departments.
The tenderer shall submit a written report on the bidding situation to the relevant administrative supervision departments within 05 days after determining the winning bidder. The written report shall include the following contents:
(a) the scope of the tender;
(two) the way of bidding and the media that issued the tender announcement;
(3) Instructions to bidders, technical terms, bid evaluation standards and methods, main terms of the contract, etc. In the tender documents;
(four) the composition of the bid evaluation committee and the bid evaluation report;
(5) The result of winning the bid.
Article 20 A tenderer and a winning bidder shall conclude a written contract in time in accordance with the tender documents and the bid documents of the winning bidder.
The tenderer and the winning bidder shall submit the performance guarantee in accordance with the provisions of the tender documents.
Twenty-first the winning bidder shall perform its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, or dismember the winning project and transfer it to others respectively.
Article 22 The winning bidder may subcontract the non-main and non-critical work of the winning project to others in accordance with the contract or with the consent of the tenderer, and be responsible to the tenderer for the subcontracted project.
The winning bidder and the subcontractors shall sign a written contract. The unit that accepts the subcontract shall have corresponding qualifications and bear joint and several liability for the subcontracted project. Units that accept subcontracting shall not subcontract again.
The tenderer shall not express or imply that the winning bidder subcontracts a part of the winning project to others.
Twenty-third cities and counties (cities) and districts may set up bidding service agencies according to law to provide services such as bid opening, bid evaluation, bid winning publicity and information network for bidding activities.
A bidding service institution shall not have subordinate relations or other interests with administrative organs, other state organs and bidding agencies.
The bidding service institution shall standardize the service content, improve the service facilities, and publish the bidding announcement in its affiliated tangible bidding market, and publicize the winning results for the tenderee free of charge.
Article 24 Establish a tangible market for bidding at the city level, and centrally handle the following bidding matters at the city level and in Haishu District, jiangdong district, Jiangbei District, Municipal Science Park and Dongqian Lake Tourist Resort:
(a) the design, survey, construction and supervision of engineering construction projects (including municipal, garden, water conservancy, transportation, electric power and other projects) and key engineering projects, as well as the procurement of important equipment and materials related to engineering construction;
(2) Procurement of imported mechanical and electrical equipment;
(3) Procurement of medical equipment and medicines by medical institutions;
(four) the transfer of the right to use the operating state-owned land;
(5) Government procurement;
(six) other bidding matters involving public rights and services.
Twenty-fifth relevant administrative supervision departments should strengthen the supervision and management of bidding activities, standardize the behavior of bidding subjects, and stop unfair competition.
Article 26 A tenderer and a tendering agency shall make detailed records of the process of bidding, bid opening, bid evaluation and bid selection, and file relevant documents such as bidding scheme, bidding documents, bidding announcement, bidder's pre-qualification, bidding documents, bid evaluation report, contract text, query reply and complaint handling decision.
Twenty-seventh relevant administrative supervision departments shall follow up and supervise the performance of the winning contract of the project that must be tendered according to law, organize spot checks, and publish the results of spot checks.
The relevant administrative supervision departments shall promptly notify the project examination and approval department and the tenderer of the problems found in the supervision process, and the project examination and approval department may suspend the project execution according to the situation.
Article 28 The relevant administrative supervision departments shall perform their supervisory duties according to law, and shall not arbitrarily increase the items subject to tender examination and approval, or illegally interfere with or infringe upon the tenderer's right to choose a tender agency, prepare tender documents, organize bidding qualification examination, organize bid evaluation and determine the winning bidder's autonomy, or charge fees in violation of regulations.
Twenty-ninth any unit or individual has the right to report and complain about violations of the "People's Republic of China (PRC) Bidding Law" and the provisions of these measures in bidding activities. The relevant administrative supervision departments must promptly investigate, handle and reply after receiving the complaint reporting and application for verification.
The relevant administrative supervision departments shall keep confidential the informants and complainants.
Thirtieth the relevant administrative supervision departments shall establish a credit record and credit evaluation system for the parties involved in bidding activities (including tenderers, bidders, bidding agencies, bid evaluation personnel, etc.). , and timely provide relevant credit records to the municipal enterprise credit information center, and bring them into the unified credit information database management.
Thirty-first tenderers, bidders, bidding agencies, members of the bid evaluation committee, relevant administrative departments and their staff who violate these measures, if there are provisions in laws, regulations, departmental rules and provincial government rules, shall be investigated for legal responsibility in accordance with the relevant provisions; Where there are no provisions in laws, regulations, departmental rules and provincial government rules, these Measures shall apply.
Article 32 If a tenderer, in violation of the provisions of these Measures, bids for key construction projects determined by the Municipal People's Government and construction projects that are all invested with state-owned funds or in which state-owned funds occupy a controlling or leading position, the bidding is invalid and will be dealt with according to law; If losses are caused to bidders, they shall be liable for compensation according to law; All projects that are invested with state-owned funds or in which state-owned funds occupy a controlling or leading position may be suspended from project execution or fund disbursement.
Article 33 For a project that must be subject to tender according to law, the tenderee shall publicize the bid-winning result instead of publicizing it, or if the tenderee fails to publish a tender announcement and publicize the bid-winning result in a designated place, the relevant administrative supervision and management department shall order it to make corrections within a time limit and may impose a fine of more than 2,000 yuan in 500 yuan.
Thirty-fourth projects that must be tendered according to law, if a bidder fraudulently wins the bid by bidding at a price lower than the cost price, the bid will be invalid, and if losses are caused to the tenderer, it shall be liable for compensation according to law; If the government investment project contract cannot be fully fulfilled, the relevant administrative supervision and management departments will cancel their bidding qualification for participating in government investment projects within 3 to 5 years and expose them in the public media.
Thirty-fifth the relevant administrative supervision departments to increase the examination and approval of projects, fees, illegal interference or infringement of the autonomy of the tenderer; If the report or complaint is not handled in time, or the informant is not kept confidential, the relevant departments shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel of the unit according to law.
Any staff member of the administrative supervision department who illegally interferes with or infringes the autonomy of the tenderer by taking advantage of his authority shall be investigated for responsibility in accordance with the provisions of the preceding paragraph.
Article 36 These Measures shall come into force as of February 6, 2004.