Chapter I General Provisions
Article 1 In order to standardize the bidding activities, protect the national interests, social public interests and the legitimate rights and interests of the parties involved in the bidding activities, improve the economic benefits and ensure the project quality, these Regulations are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and relevant laws and regulations, and combined with the actual situation of this Municipality.
Article 2 Whoever engages in bidding activities and supervises bidding activities within the administrative area of this Municipality shall abide by the Bidding Law of People's Republic of China (PRC) and these Regulations.
The provisions of government procurement laws and regulations shall apply to the bidding activities of goods and services procurement in government procurement.
Article 3 The municipal development and reform department shall guide and coordinate the bidding work of the whole city, and organize the implementation of these Regulations.
Construction, commerce, industry, finance, water conservancy, transportation, information industry and other relevant administrative departments shall do a good job in relevant supervision and management according to their respective responsibilities.
Article 4 Engineering construction projects, including survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, which fall within the scope stipulated in Article 3 of the Bidding Law of People's Republic of China (PRC), must be subject to tender.
Article 5 The investors, operators or contractors selected by the government and its relevant departments for the following projects shall be determined through bidding; The provisions of laws and administrative regulations can be determined by auction. , from its provisions:
(a) land, minerals and other natural resources development and utilization projects;
(two) water supply, gas supply, heating, public transportation, sewage and solid waste treatment and other government franchise projects;
(3) Limited public resource allocation projects;
(four) government investment or financing projects;
(five) major scientific research projects organized or funded by the government.
Sixth medical equipment and drug procurement projects, residential property management projects and other projects decided by the Municipal People's government must be subject to tender.
Article 7 The specific scope and scale standards of the items listed in Articles 4, 5 and 6 of these Regulations shall be formulated by the municipal development and reform department in conjunction with the relevant administrative departments according to the relevant laws and regulations and the actual situation of this Municipality, and implemented after being reported to the Municipal People's Government for approval.
Eighth projects that must be tendered may not be tendered upon approval under any of the following circumstances:
(1) Emergency rescue and disaster relief projects;
(two) the use of specific patents or proprietary technology can not meet the requirements of the quorum of bidders;
(three) involving national security or state secrets;
(4) Other provisions of laws and regulations.
If the project specified in the preceding paragraph is not subject to tender, it shall be approved by the project examination and approval or approval and filing department; Belonging to the key projects of this Municipality, it shall be approved by the Municipal People's Government. Where laws and regulations provide otherwise for the subject of examination and approval, such provisions shall prevail.
Chapter II Bidding Methods and Organizational Forms
Article 9 A tenderer may invite public bidding or invite public bidding. However, if the State and this Municipality stipulate that public bidding must be adopted, the tenderee shall conduct public bidding.
Tenth the following projects must be open to tender:
(a) all use of state-owned capital investment, state-owned capital investment accounted for holding or leading position;
(2) Using state financing;
(3) Using loans or aid funds from international organizations or foreign governments;
(4) Items listed in Articles 5 and 6 of these Regulations;
(five) other projects that must be subject to public bidding as stipulated by laws, regulations and rules.
Eleventh projects that must be open for bidding are not suitable for public bidding due to special reasons, and may be invited for bidding with the approval of the project approval or approval department. Belong to the national key projects, approved by the national development and reform department; Belonging to the key projects of this Municipality, it shall be approved by the Municipal People's Government.
Article 12 Where public bidding is required, the tenderee shall publish a tender announcement in the media designated by the state or the development and reform department of this Municipality.
If the tender announcement of the same project is published in more than two media, the contents of the announcement shall be consistent.
Thirteenth projects that must be subject to tender, the tenderer may meet the following conditions, and file with the relevant administrative supervision departments before bidding:
(1) Having the qualification of a legal person;
(two) there are professionals who are suitable for the preparation of bidding documents and the organization of bid evaluation activities;
(3) Having a sound management system for bidding and bid evaluation;
(4) Other conditions stipulated by laws and regulations.
Article 14 Where a tenderer entrusts bidding, it shall entrust a bidding agency with legal qualifications to act as its agent, and sign a written entrustment agreement with it to clarify the rights and obligations of both parties.
The tenderee shall not put forward requirements that do not conform to the bidding laws and regulations to the bidding agency, and shall not collude with the bidding agency to harm the national interests, social public interests and the legitimate rights and interests of others.
Fifteenth bidding agencies, tangible markets and other organizations should follow the principle of voluntariness and equality to provide services for bidding activities, collect fees in accordance with the relevant provisions of the state and this Municipality, and may not force bidders to accept services.
Chapter III Expert Database of Bid Evaluation and Bid Evaluation Experts
Article 16 The Municipal People's Government shall, in accordance with the law, establish a comprehensive urban bid evaluation expert database across industries and regions. The specific construction plan shall be formulated by the municipal development and reform department in conjunction with relevant departments and implemented after the approval of the Municipal People's government.
The relevant departments and bidding agencies may also establish a professional expert database of bid evaluation in accordance with the relevant provisions of laws, administrative regulations and these Regulations.
Seventeenth the establishment of a bid evaluation expert database shall meet the following conditions:
(a) the number of bid evaluation experts who meet the statutory requirements shall not be less than 500;
(two) the professional classification is reasonable and can meet the basic requirements of bid evaluation;
(three) the number of bid evaluation experts in each professional sub-library shall not be less than twenty;
(4) Having the necessary facilities and conditions to meet the needs of randomly selected bid evaluation experts;
(five) there is a person responsible for the daily maintenance and management.
Eighteenth experts in the evaluation expert database to implement the appointment system.
The employed bid evaluation experts shall meet the following conditions:
(1) Having worked in related professional fields for more than eight years, having senior professional titles or having the same professional level;
(two) familiar with the bid evaluation work;
(three) familiar with the laws, regulations and policies related to bidding;
(4) Being able to perform their duties conscientiously, fairly and honestly;
(5) Having the qualification for bid evaluation.
Nineteenth bid evaluation expert database shall establish the working files of the employed experts and record the specific situation of their participation in bid evaluation.
The institution that establishes the expert database of bid evaluation shall regularly train the bid evaluation experts in bidding business and legal knowledge, and may dismiss those who do not meet the requirements of bid evaluation experts or are incompetent for bid evaluation.
Article 20 In bid evaluation activities, bid evaluation experts independently evaluate bid documents according to law, and bid evaluation opinions are not interfered by any unit or individual; Bid evaluation experts who participate in bid evaluation activities can get labor remuneration according to law.
Twenty-first bid evaluation experts shall perform the following obligations:
Objective and fair evaluation;
(two) after becoming a member of the bid evaluation committee, keep their identity and bid evaluation matters confidential;
(3) Before the bid winning result is determined, it is forbidden to have private contact with bidders and their interested parties, and it is forbidden to accept property or other benefits;
(four) to take personal responsibility for the evaluation opinions put forward;
(five) to assist and cooperate with the supervision and inspection activities of the administrative supervision department.
Chapter IV Bidding Procedures
Twenty-second projects that must be tendered according to law need to go through the relevant examination and approval or approval and filing procedures in accordance with the provisions of the state and this Municipality, and the tenderee shall organize the tender according to the contents of the project examination and approval or approval and filing department.
Twenty-third tender announcement or invitation to bid, the tenderer shall specify the following items:
(a) the name and address of the bidder;
(2) The scope, nature and quantity of the project subject to tender;
(three) the place and time of the implementation of the project subject to tender;
(four) the way to obtain the tender documents;
(five) other matters that should be stipulated by laws and regulations.
Article 24 Where a tenderer needs to pre-qualify potential bidders, it shall specify the pre-qualification conditions, pre-qualification methods and ways to obtain pre-qualification documents in the tender announcement or invitation letter.
A tenderer may not restrict or exclude potential bidders through pre-qualification.
After the prequalification, the tenderer shall notify the potential bidders who have accepted the prequalification in writing of the prequalification results. If it meets the pre-trial conditions, the tenderer shall allow it to participate in the bidding.
Article 25 The tender documents shall include the following contents:
(a) the scope, scale, implementation of funds, technical and quality requirements of the project subject to tender and other information related to the project subject to tender;
(2) Requirements for bid price and calculation method;
(three) the qualification standards of bidders and the supporting documents that bidders should provide;
(4) Requirements for preparation of bid documents;
(5) Requirements on the way, place and deadline for submitting bid documents;
(6) Place of bid opening;
(seven) the standards, methods and principles of bid evaluation;
(eight) the way and main terms of the contract;
(nine) other contents that should be included in the provisions of laws and regulations.
Where a tenderer requires a bidder to provide a bid bond or other guarantees, it shall be made clear in the tender documents.
Where the tenderer provides economic compensation for the preparation of bid documents to the unsuccessful bidders, the specific compensation standard shall be specified in the tender documents.
Article 26 A tenderer has the right to independently determine the qualification standards, bid evaluation standards, bid evaluation methods and the principle of selecting the best bidders according to the provisions of laws and administrative regulations and the characteristics and needs of the project subject to tender, and no organization or individual may interfere.
Twenty-seventh bidders are prohibited from colluding with each other or colluding with the tenderer:
(a) Bidders mutually agree to raise or lower the bid price;
(2) The bidder decides the winning bidder by default and takes it as a quotation strategy to participate in bidding;
(3) Negotiating the bid quotation with the tenderer before bidding;
(four) agreed with the tenderer to mark the tender documents;
(five) other collusive bidding behavior.
Article 28 A tenderer shall set up a bid evaluation committee within 24 hours before bid evaluation, and shall not notify the bid evaluation experts of the bid evaluation committee before bid evaluation.
When organizing bidding, the tenderer shall randomly select bid evaluation experts from the legally established bid evaluation expert database. If public bidding is required, the tenderer shall randomly select bid evaluation experts from the municipal bid evaluation expert database, and the relevant administrative supervision departments shall conduct on-site supervision. Special bidding projects can be directly determined by the tenderer bid evaluation experts.
Article 29 The bid evaluation committee is responsible to the tenderee and is not subject to independent intervention by any organization or individual in the process of bid evaluation.
Members of the bid evaluation committee enjoy equal voting rights.
If the bid evaluation committee is not clear about the contents of the bid documents, it has the right to require the bidders to make necessary clarifications or explanations.
Thirtieth members of the bid evaluation committee shall apply for withdrawal in any of the following circumstances; Failing to apply for withdrawal, the tenderer or the administrative supervision department shall immediately stop its participation in bid evaluation activities after discovering it:
(a) is the main person in charge or relatives of the bidder;
(two) is the staff of the administrative supervision department of the project subject to tender;
(3) Having interests such as economic interests with bidders, which may affect the fairness of bid evaluation activities;
(four) other circumstances that should be avoided by laws, regulations and rules.
A bidder may apply to the tenderer or the administrative supervision department for withdrawal if it finds that a member of the bid evaluation committee has the circumstances specified in the preceding paragraph.
Thirty-first in any of the following circumstances, the bid documents shall not enter the bid evaluation:
(1) Failing to seal the bidding documents in accordance with the requirements of the bidding documents;
(two) the bidder fails to provide guarantee in accordance with the requirements of the tender documents;
(three) the consortium bid is not accompanied by the bidding agreement of the parties to the consortium;
(four) does not meet other requirements of the tender documents.
Article 32 The bid evaluation committee shall submit a written bid evaluation report to the tenderer after the bid evaluation, and recommend no more than three qualified bid-winning candidates according to the bid evaluation results.
Article 33 A tenderer shall determine the winning bidder according to the written bid evaluation report of the bid evaluation committee and the ranking of the recommended candidates for winning the bid, and in accordance with the calibration method specified in the tender documents.
If the tenderer authorizes the bid evaluation committee to directly determine the winning bidder, it shall determine the winning bidder according to the ranking of the bid evaluation committee.
For all or part of the projects invested by state-owned funds or financed by the state, the tenderer shall determine the winning bidder according to the ranking of the winning bidders recommended by the bid evaluation committee.
Thirty-fourth projects that must be subject to tender, the tenderer shall, within three days after determining the winning bidder, publicize the winning result and the list of members of the bid evaluation committee in the media designated by the state or the municipal development and reform department, and the publicity period shall not be less than three days.
During the publicity period, if there is no objection or the objection is not established, the tenderer shall issue a bid-winning notice to the winning bidder, notify all unsuccessful bidders of the bid-winning result, and return the bid bond to the unsuccessful bidders.
Thirty-fifth projects that must be subject to tender, the tenderer shall submit a written report on bidding to the relevant administrative supervision departments within fifteen days from the date of determining the winning bidder, and the report shall include the following contents:
(a) the tender documents and the bid documents of the winning bidder;
(2) Basic information such as bidding methods and organizational forms;
(3) Qualification examination of bidders;
(four) the composition of the bid evaluation committee;
(5) Bid evaluation report;
(6) The result of winning the bid.
The tenderer shall properly keep the tender report and related materials.
Chapter V Supervision of Bidding Activities
Thirty-sixth relevant administrative supervision departments shall supervise the bidding activities of the tenderee, the agency behavior of the bidding agency and the bid evaluation activities of the bid evaluation committee according to law.
Bidders and other interested parties may raise objections to the tenderee or complain to the administrative supervision department if they think that the bidding activities violate laws, administrative regulations and the provisions of these Regulations.
Any organization or individual may complain or report illegal acts in bidding activities to the administrative supervision department, and provide relevant evidence.
Thirty-seventh project approval or approval, filing departments to avoid bidding and violation of approval or approval, filing behavior supervision, and accept relevant complaints.
The administrative department in charge of the project shall supervise other illegal acts in bidding activities according to their duties and accept relevant complaints.
Article 38 As a tenderer, an administrative organ shall accept the supervision of the administrative organ at a higher level or the supervisory organ.
Article 39 The examination and approval department of a project subject to tender shall send a copy of the examination and approval results to the competent department of the project within 3 days from the date of approval.
If the relevant administrative supervision departments find that they violate the provisions of laws and regulations on tendering and bidding in the process of supervision, they shall promptly notify the project approval or approval and filing departments, and the approval or approval and filing departments shall suspend the implementation of the project or suspend the disbursement of funds according to law.
Fortieth major construction projects special inspector shall supervise and inspect the bidding activities of major construction projects in the city.
Forty-first administrative supervision departments should open the channels, scope and conditions for accepting complaints to the public, and keep the complainant confidential.
After receiving a complaint, the administrative supervision department shall inform the complainant whether to accept it within three working days; If it is not accepted, it shall inform the reasons for rejection in writing. If it has not been informed for more than three working days, it shall be deemed to be accepted.
Forty-second administrative supervision departments shall, within thirty days from the date of acceptance, deal with them according to the following circumstances:
(a) the contents of the complaint are true, and there are indeed illegal acts, and the relevant responsible person shall make a decision according to law and notify the complainant in time;
(two) after investigation and verification, there is no illegal behavior in bidding, and the results of the investigation are explained in writing to the complainant.
If it cannot be handled within the specified time, the administrative supervision department shall explain the reasons in writing to the complainant.
Forty-third administrative supervision departments have the right to obtain, consult and copy relevant documents and investigate and verify the relevant situation according to law, and the relevant units and personnel shall cooperate.
Chapter VI Legal Liability
Forty-fourth projects that must be tendered are under any of the following circumstances, and the administrative supervision department shall order the tenderee to re-tender or re-determine the winning bidder; And may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan, and impose a fine of not less than 5% but not more than 10% on the directly responsible person in charge and other directly responsible personnel of the unit:
(a) the project should be open to tender, the tenderer without approval;
(two) the bidder who invited the tender does not meet the requirements;
(three) the number of bidders does not meet the statutory requirements;
(four) the winning bidder shall be determined according to the ranking of the winning candidate, but not according to the ranking.
If losses are caused to bidders due to re-tendering or re-determination of the winning bidder, the tenderer shall be liable for compensation.
If the contract has been partially performed, and re-tendering or re-determining the winning bidder may cause great damage to the public interest, the tenderer may not be ordered to re-tender or re-determine the winning bidder, and a heavier punishment shall be imposed in accordance with the provisions of the first paragraph of this article.
Article 45 If a tenderer or a procuratorial agency commits any of the following acts, the administrative supervision department shall give it a warning and order it to make corrections; Refuses to correct, a fine of five thousand yuan and fifty thousand yuan:
(a) do not have the conditions for self bidding and self bidding;
(two) did not publish a tender announcement in the designated media;
(3) The contents of the tender announcement or invitation to bid for the same project subject to tender are inconsistent;
(four) the formation of the bid evaluation committee does not meet the statutory conditions;
(5) Interfering with the bid evaluation by the bid evaluation committee;
(6) Failing to record the bid opening process;
(seven) the tender report should be submitted but not submitted.
Forty-sixth bid evaluation expert database management institutions have one of the following acts, the administrative supervision department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to dissolve the bid evaluation expert database and make an announcement to the public; Illegal income, confiscate the illegal income:
(a) does not meet the prescribed conditions to establish a bid evaluation expert database;
(two) the employed experts do not meet the statutory conditions;
(3) The bid evaluation process and results are not recorded and filed in writing;
(4) Failing to provide necessary training to the employed experts;
(five) the personal work files of the employed experts have not been established;
(6) Providing bid evaluation experts in violation of procedures and rules;
(seven) before the bid evaluation, the selected bid evaluation experts will be leaked to the bidders or the bid evaluation projects will be leaked to the selected bid evaluation experts.
Article 47. State functionaries who are responsible for the administrative supervision of bidding activities neglect their duties, engage in malpractices for selfish ends, abuse their powers, and shall be given administrative sanctions by the supervision departments and relevant administrative departments; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 48 These Regulations shall come into force on February 6, 2005.
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