Article 21 If a project subject to tender needs to go through the formalities of project approval, approval or filing in accordance with relevant state regulations, it shall go through the formalities of project approval, approval or filing first.

for a construction project that must be subject to tender according to law, if it needs to go through the formalities of project examination and approval, the tenderee shall submit the scope, method and organizational form of project bidding to the project examination and approval department for approval at the same time as submitting the feasibility study report, fund application report or project application report.

for the commercial development projects of state-owned natural resources, government franchise projects, limited public resources allocation projects and medical equipment, medical instruments and drugs procurement projects that must be subject to tender according to law, the tenderee shall report the bidding scope, methods and organizational forms of the projects to the people's government at the same level or its authorized departments for approval before bidding.

article 22 promotes the use of tender announcements, pre-qualification documents and model texts of tender documents. If the relevant administrative supervision departments at the national or provincial level have compiled model texts, the tenderers of government investment projects that must be subject to tender according to law shall use them.

Article 23 If a tenderer adopts public bidding, it shall issue a tender announcement; If inviting tenders is adopted, invitations to bid shall be issued to three or more specific legal persons or other organizations that have the ability to undertake bidding projects and have good credit standing.

for a project that must be publicly tendered according to law, a tender announcement shall be published in newspapers, information networks or other media designated by the relevant state departments or the provincial people's government.

if two or more media publish a tender announcement for the same project, the contents of the announcement shall be consistent.

when a tenderer publishes a tender announcement in a designated newspaper or other media, it shall also truthfully copy the tender announcement to the designated information network. The designated information network shall immediately publish the tender announcement, and shall not restrict the access of potential bidders to information by means of membership.

Article 24 When a tenderer issues a tender announcement or an invitation to bid, it shall specify the following items:

(1) The name and address of the tenderer;

(2) General requirements for the scope, nature, quantity, scale and quality of the project subject to tender;

(3) the place and time of implementation of the project subject to tender;

(4) the method of obtaining the tender documents;

(5) qualifications of bidders and examination methods;

(6) other matters that should be specified in laws and regulations.

Article 25 A tenderer shall prepare the tender documents according to the characteristics of the project subject to tender, which shall generally contain the following main contents:

(1) The name of the tenderer, the name of the project and a brief introduction;

(2) requirements on the quantity, scale, main technology and quality of the project;

(3) the project completion period or the time of delivery and service provision;

(4) Requirements on the qualifications of bidders, bid documents and bid validity period;

(5) the method, deadline and place of bid opening for submission of bid documents;

(6) procedures for bid opening and evaluation, and standards and methods for bid evaluation;

(7) requirements for bid bond, performance bond and bid quotation;

(8) Requirements for bidding-related information and technical documents such as drawings and format appendices;

(9) the main terms of the contract and the format of the agreement;

(11) relevant administrative supervision departments that accept complaints.

for the procurement projects of medical equipment, medical instruments and drugs, and the procurement projects of goods and services using fiscal funds, the tenderee shall specify the procurement quantity in the tender documents.

article 26 a tenderer may require bidders to submit alternative bidding schemes in addition to the bidding documents that meet the requirements specified in the bidding documents, but it shall make an explanation in the bidding documents and put forward corresponding evaluation and comparison methods.

article 27 the standards, scale, contents, etc. determined by the tenderer in the tender documents for government investment projects and procurement projects of goods and services using fiscal funds shall be controlled within the scope approved by the project examination and approval department.

if the method of project price settlement for construction projects has been clearly stipulated by the state, the relevant contents of the tender documents shall be prepared in accordance with the relevant provisions; Where a performance bond is required in the tender documents, it shall be clearly stipulated that the bid winner shall be provided with a guarantee for project payment.

article 28 the substantive requirements and conditions specified by the tenderer in the tender documents shall be marked in a striking way, and shall not be based on specific producers and suppliers and the products or services they provide; If it is necessary to quote the technical standards of a manufacturer or supplier to accurately or clearly explain the technical standards of the project to be tendered, the words "or equivalent" shall be marked.

the tenderer shall not put forward excessive qualification requirements that are incompatible with the project level in the tender documents; Other contents that tend to or exclude potential bidders shall not be stipulated.

article 29 the tender documents shall specify a reasonable bid validity period for the project. The validity of the bid shall be calculated from the date when the bidder submits the bid documents.

before the end of the bid validity period, in case of special circumstances, the tenderee may request all bidders to extend the bid validity period in writing. If the bidder agrees to extend the bid, it shall not modify the substantive contents of its bid documents, but shall extend the validity period of its bid bond accordingly; If the bidder refuses to extend the bid, its bid will be invalid, but it has the right to recover its bid bond.

if the bidder suffers losses due to the extension of the bid validity period, the tenderee shall make compensation, unless the bid validity period is extended due to force majeure.

article 31 for a government investment project that must be subject to tender according to law, the tenderer shall, at the same time as the tender documents are issued, report the tender documents to the relevant administrative supervision departments of the local people's governments at or above the county level for the record according to the project management authority. If the relevant administrative supervision departments find that the bidding documents violate laws and regulations, they shall promptly order the tenderee to make corrections in writing.

article 31 for a project subject to tender according to law, the tender documents or qualification documents shall be sold for not less than five days, and the selling price shall be determined according to the printing cost approved by the price department.

Article 32 If there is a pre-tender price for a project subject to tender, the pre-tender price must be kept confidential; Before the bid opening, no unit or individual may examine the pre-tender estimate in any form.

government investment projects generally do not have a pre-tender estimate. Article 33 A bidder shall have the ability and qualifications to undertake a project subject to tender, and shall enjoy the following rights:

(1) independently prepare the bidding documents according to the requirements and conditions of the bidding documents;

(2) You can ask the tenderee in writing about the ambiguous contents in the tender documents and get a definite answer within the scope of the tender documents;

(3) The submitted tender documents can be supplemented, modified or withdrawn before the deadline for submission of tender documents;

(4) complaining about unreasonable treatment;

(5) other rights stipulated by laws and regulations.

article 34 where a bid is submitted in the form of a consortium, all parties to the consortium shall sign a * * * agreement on bidding and submit it to the tenderer together with the bidding documents.

the parties to the consortium are not allowed to bid separately in their own names, nor are they allowed to form a new consortium or participate in other consortia to bid in the same bidding project.

Article 35 The tenderee will not accept the bid documents under any of the following circumstances:

(1) The bid documents are delivered late or not delivered to the designated place;

(2) failing to seal it according to the requirements of the tender documents.

article 36 bidders shall not collude with each other in bidding. The following acts are all collusion between bidders:

(1) Bidders agree to raise or lower the bid price;

(2) Bidders mutually agree to quote at high, medium and low prices in the project subject to tender;

(3) internal bidding shall be conducted among bidders, and the winning bidder shall be selected by default before bidding.

Article 37 A tenderer and a bidder shall not collude in bidding. The following acts are collusion between the tenderer and bidders:

(1) The tenderer opens the tender documents before the bid opening, and informs other bidders about the situation, or assists bidders to replace the tender documents and change the quotation;

(2) The tenderer discloses the pre-tender estimate to the bidder;

(3) The tenderer and the bidder agree to lower or raise the bid price when bidding, and then give the bidder or the tenderer additional compensation after winning the bid;

(4) The bid inviter will default the winning bidder in advance.

article 38 a bidder shall not bid in the name of others or allow others to bid in his own name in violation of regulations.

the term "bidding in the name of others" as mentioned in the preceding paragraph refers to the bidder's affiliation with other units, or obtaining qualification certificates from other units through transfer or lease, or stamping and signing the seals and names of other units and their legal representatives on the bidding documents prepared by him. Article 39 The bid opening must be conducted by the tenderee or the tendering agency entrusted by it at the predetermined place in the tender documents. The bid opening time is the same time as the deadline for submission of bid documents determined in the tender documents. The bid opening shall be conducted in public and recorded.

for engineering construction projects, bidding activities are encouraged in the tangible market. Where conditions permit, bidding activities can be unified into centralized trading places for standardized management.

Article 41 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation.

for a project subject to tender according to law, the members of the bid evaluation committee are composed of representatives of the tenderee and bid evaluation experts. The representative of the tenderer shall be familiar with the economic and technical requirements of the project subject to tender, and shall be determined by the tenderer in writing. The bid evaluation experts shall be determined by random selection from the bid evaluation expert database established according to law; For a project subject to tender with particularly complicated technology, high professional requirements or special requirements of the state, if the experts determined by random selection are incompetent, they can be directly determined by the tenderee after being confirmed by the relevant administrative supervision departments.

The bid evaluation experts of government investment projects that must be subject to tender according to law shall be determined from the bid evaluation expert database of relevant departments of the State Council or provincial people's governments.

article 41 before the bid evaluation experts of the bid evaluation Committee arrive at the bid opening site, the tenderer shall not disclose the bid evaluation items and related contents to the bid evaluation experts.

the tenderer shall provide sufficient time for bid evaluation experts.

Article 42 A member of a bid evaluation committee shall apply to the tenderer for withdrawal in any of the following circumstances; If the bidder fails to apply for withdrawal, the tenderer or the administrative supervision department shall immediately stop its participation in bid evaluation activities after discovering it:

(1) The bidder or the close relative of its principal responsible person;

(2) the staff of the department in charge of bidding projects or the relevant administrative supervision departments;

(3) having other interests with bidders, which may affect the fairness of bid evaluation activities.

article 43 the comprehensive evaluation method shall be adopted for bid evaluation of engineering survey, design, supervision and other service projects, government franchise projects, goods procurement and engineering construction projects with special requirements in technology and performance. The bid of the winning bidder shall be able to meet the comprehensive evaluation criteria specified in the tender documents to the maximum extent.

for general goods procurement, engineering construction and other projects with general technology and performance standards or for which the tenderer has no special requirements, the lowest evaluated bid price shall be adopted for bid evaluation. The bid of the winning bidder shall be able to meet the substantive requirements of the tender documents, and the evaluated bid price is the lowest; Except that the bid price is lower than the cost.

for state-owned natural resources management development projects and limited public resources allocation projects, besides the comprehensive evaluation method, the bidder who can meet the substantive requirements of the bidding documents and has the highest bid price can be determined as the winning bidder.

Article 44 Working Rules for Bid Evaluation of the Bid Evaluation Committee:

(1) Evaluate and compare the bid documents according to the bid evaluation procedures, standards and methods specified in the bidding documents;

(2) The bidder is required to clarify or explain the ambiguous contents in the bidding documents. Clarification or explanation must conform to the scope of the original bidding documents, and shall not change its substantive content;

(3) If the quotation is obviously lower than that of other bidders or obviously lower than the pre-tender estimate, the bidder shall be required to specify and provide relevant supporting materials. If the bidder cannot reasonably explain or provide relevant certification materials, it will be invalidated;

(4) For the tender documents that meet the substantive requirements of the tender documents, but there are slight deviations such as omissions or incomplete technical information and data in some places, the bidder shall be required to make corrections before the end of bid evaluation;

(5) Recommend one or three successful candidates, and indicate the sequence, or directly determine the successful candidates according to the authorization of the tenderer;

(6) For matters that need to be decided by voting in the process of bid evaluation, one person, one vote shall be implemented, which shall be passed by more than half of the members of the bid evaluation committee.

if the bid evaluation items voted by the bid evaluation Committee are confirmed to be illegal or in violation of the provisions of the tender documents, the members of the bid evaluation Committee shall bear the responsibility, but those who hold objections in the voting and record them in the minutes of the meeting may be exempted from the responsibility.

Article 45 If the bid evaluation committee finds any of the following circumstances in the preliminary examination, it shall treat the bid as invalid:

(1) No unit seals it;

(2) There is no signature or seal of the legal representative or the agent authorized by the legal representative;

(3) the agent has no power of attorney issued by the legal representative;

(4) failing to fill in the prescribed format, the contents are incomplete or the key handwriting is vague and illegible;

(5) where a bidder submits two or more bid documents with different contents, or there are two or more quotations for the same project subject to tender in one bid document, and no statement is made as to which one is the final quotation, except that an alternative bid scheme is submitted in accordance with the provisions of the tender documents;

(6) The name or organizational structure of the bidder is inconsistent with that at the time of qualification examination and no valid certificate is provided;

(7) the bid validity period does not meet the requirements of the tender documents;

(8) failing to submit a bid bond in accordance with the requirements of the tender documents;

(9) The bidding of the consortium is not accompanied by the bidding agreement of all parties to the consortium;

(11) The contents reflecting the individual characteristics of the bidding documents are obviously identical;

(11) other circumstances in which the tender documents clearly stipulate that the subject matter can be abolished.

If the bid evaluation committee finds that the bidding documents have the following major deviations and cannot respond to the substantive requirements of the bidding documents, it shall determine that they are invalid:

(1) The deadline for completing the bidding project cannot be met;

(2) conditions unacceptable to the tenderer are attached;

(3) It obviously does not meet the technical specifications, quality requirements, quotation requirements, goods packaging methods, inspection standards and methods;

(4) it does not meet other substantive requirements specified in the tender documents.

Article 46 After the bid evaluation is completed, the bid evaluation committee shall submit a written bid evaluation report to the tenderer, which shall record the following contents:

(1) Basic information and data sheets;

(2) List of members of the bid evaluation committee;

(3) List of bids that meet the requirements;

(4) a description of the situation of the abandoned bid;

(5) List of bid evaluation standards, methods or bid evaluation factors;

(6) a comparison list of the evaluated prices or scores;

(7) Rank of the evaluated bidders;

(8) List and ranking of recommended candidates for winning the bid and matters to be dealt with before signing the contract;

(9) minutes of clarification, explanation and correction.

if the bid evaluation Committee decides to reject all bids, it shall explain the specific reasons in the bid evaluation report.

the bid evaluation report shall be signed by all members of the bid evaluation Committee. Hold the conclusion of bid evaluation