Article 1 These Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and relevant laws and administrative regulations, combined with the actual situation of this province.
Second bidding activities within the administrative area of this province, the application of this approach.
Article 3 The administrative department in charge of development planning of the provincial people's government shall guide and coordinate the bidding activities within the administrative region of this province, formulate comprehensive provisions on bidding in conjunction with the relevant administrative departments, submit them to the provincial people's government for approval, and supervise and inspect the bidding activities of key construction projects in the province.
The construction administrative department of the provincial people's government is responsible for the supervision of the bidding activities of various housing construction projects within the administrative area of this province. The administrative department of foreign trade and economic cooperation of the provincial people's government is responsible for supervising the bidding activities of imported mechanical and electrical equipment procurement projects within the administrative area of this province.
Trade, water conservancy, transportation, agriculture, science and technology, information industry and other departments. The relevant departments of the provincial people's government shall, in accordance with their respective duties, be responsible for the supervision of the bidding activities of related industries and industrial projects within the administrative area of this province.
The relevant administrative departments of the people's governments of cities and counties (districts) shall, according to their respective duties, be responsible for the supervision of bidding activities within their respective administrative areas.
Chapter II Tendering and Bidding
Article 4 All or part of projects that use state-owned funds or national or provincial financial funds, infrastructure and public utilities with loans and aid funds from international organizations or foreign governments, including engineering survey, design, construction, supervision, and procurement of important equipment and materials related to engineering construction, must be subject to tender:
(a) the estimated price of a single construction contract is more than 6,543,800 yuan;
(two) the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 500 thousand yuan;
(three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 300,000 yuan;
(four) the estimated price of a single contract is lower than the standards stipulated in items (1), (2) and (3), but the total investment of the project is more than 5 million yuan.
If the specific scope and scale standard of a project subject to tender must be adjusted according to the actual situation, the administrative department in charge of development planning of the provincial people's government shall, jointly with the relevant administrative departments, put forward opinions in accordance with the relevant provisions of the state and submit them to the provincial people's government for approval and promulgation.
Article 5 If the project subject to tender according to law needs to go through the formalities of project examination and approval according to the relevant provisions of the state, the construction unit shall, when submitting the feasibility study report of the project to the project examination and approval department, draw up the bidding method, bidding organization form and bidding scope of the state-funded project at the same time and report it to the project examination and approval department for approval. After the project is approved, the project examination and approval department shall inform the relevant administrative departments in writing of the determined bidding method, bidding organization form and bidding scope within 15 days.
Article 6 A project subject to tender according to law may not be subject to tender under any of the following circumstances:
(a) involving national security, state secrets, emergency rescue and disaster relief, or belonging to the use of poverty alleviation funds to implement work for relief, the need to use migrant workers and other special circumstances;
(two) the survey and design of construction projects, the use of specific patents or proprietary technology, or its architectural artistic modeling has special requirements, and approved by the competent department of the project;
(3) Other circumstances stipulated by laws, regulations and rules.
For the project not subject to tender as mentioned in the preceding paragraph, the construction unit shall apply for not inviting tenders when submitting the feasibility study report, and explain the reasons.
Seventh projects that must be subject to tender according to law, all use state-owned funds or state-owned funds occupy a controlling or leading position, should be open to tender.
Eighth key construction projects identified by the provincial people's government, under any of the following circumstances, with the approval of the provincial people's government, can invite tenders:
(1) Due to technical complexity or special requirements of the project;
(two) there are special requirements for the protection of proprietary technology and patent rights;
(three) due to natural resources or environmental restrictions and other reasons, it is not suitable for public bidding.
The specific procedures for bidding mentioned in the preceding paragraph shall be formulated separately by the administrative department of development planning of the provincial people's government.
Article 9 A tenderer who handles the tender matters by himself shall have the ability to prepare tender documents and organize bid evaluation as stipulated by the state.
For a project that must be subject to tender according to law, if the tenderer handles the tender matters by himself, it shall file with the relevant administrative departments 7 days before the tender announcement or invitation letter is issued.
Article 10 The qualifications of a procuratorial agency shall be determined in accordance with the following provisions:
(a) the qualification of a bidding agency engaged in various types of construction project bidding agency business shall be handled by the construction administrative department of the provincial people's government in accordance with the relevant provisions of the state;
(two) the qualification of a bidding agency engaged in the bidding agency business of imported mechanical and electrical equipment related to engineering construction shall be handled by the foreign trade department of the provincial people's government in accordance with the relevant provisions of the state;
(three) the qualification of a bidding agency engaged in other bidding agency business shall be determined by the relevant administrative departments of the provincial people's government according to their respective responsibilities and management authority.
The relevant administrative departments shall notify the administrative department of development planning of the provincial people's government within 5 days after the procuratorial agency is legally recognized/kloc-0, and announce the relevant information of the procuratorial agency to the society.
Article 11 Where a tenderer adopts open tender, it shall issue a tender announcement. A tender announcement for a project subject to tender according to law shall be published in newspapers, information networks or other media designated by the administrative department of development planning of the State Council or the administrative department of development planning of the provincial people's government in accordance with the project examination and approval authority. In addition to issuing international tender announcements, designated media shall not charge fees for issuing tender announcements for projects that must be subject to tender according to law. The designated media shall issue a tender announcement within 7 days from the date of receiving the text.
Article 12 A tenderer may examine the qualifications of potential bidders. Qualification examination is divided into pre-qualification or post-qualification examination. The standards for pre-qualification shall be specified in the tender announcement or tender document, and the standards for post-qualification shall be specified in the tender documents.
The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders.
Article 13 A tenderer may decide whether to make a pre-tender estimate according to the characteristics and needs of a project subject to tender. A project subject to tender can only have one pre-tender estimate. The pre-tender estimate shall be compiled and determined by the tenderer in accordance with the relevant provisions of the state or province. Units and their personnel entrusted with the preparation of pre-tender estimate shall not participate in the preparation of bid documents related to the project subject to tender. The pre-tender estimate shall be kept strictly confidential and shall not be disclosed to anyone before the bid opening.
Article 14 The following acts of colluding with bidders are prohibited:
(a) the tenderer disclosed the pre-tender estimate to the bidder before the bid opening;
(2) Before the bid opening, the tenderee opens the sealed bid documents privately, or informs the bidders of the bidding situation, or assists the bidders in replacing the bid documents or changing the contents;
(three) the tenderer and the bidder collude to lower or raise the tender offer;
(four) the tenderer hinted or expressed to the members of the bid evaluation committee, so that a bidder won the bid;
(five) other collusion between the tenderer and the bidder.
Fifteenth bidders are prohibited from colluding with each other in bidding and engaging in the following acts:
(a) Continuously raise or lower the tender offer;
(two) agreed in advance the winning bidder, and then as a quotation strategy to participate in the bidding;
(three) other collusive bidding behavior.
Chapter III Bid Opening, Bid Evaluation and Bid Winning
Article 16 The bid opening shall be presided over by the tenderer or the tendering agency entrusted by the tenderer, and all bidders shall be invited to participate.
Article 17 The place of bid opening shall be the place predetermined in the tender documents. A project subject to tender that should enter the tender market and bid opening shall be determined by the provincial people's government according to the relevant provisions of the state.
There shall be no subordinate relationship or other interest relationship between the bidding market and government departments and their subordinate institutions and bidding agencies. ?
Article 18 The administrative department of development planning of the provincial people's government shall, jointly with other relevant administrative departments, establish a roster of bid evaluation experts composed of technical and economic experts in accordance with state regulations, formulate corresponding management measures, and announce the roster of bid evaluation experts to the public. ? The experts of the bid evaluation committee shall be randomly selected from the list of experts of relevant professions in the roster of bid evaluation experts in proportion, and the special bidding projects specified by the state may be directly determined by the tenderee. ? The relevant administrative departments shall supervise the relevant activities of the expert members of the bid evaluation committee and their performance of their duties during the bid evaluation. ?
Nineteenth in the process of bid opening and evaluation, any of the following circumstances shall be treated as invalid bidding:
(a) the tender documents are not sealed, or the key contents are difficult to identify;
(two) the tender documents are not sealed or the bidder and its legal representative or entrusted agent are not signed; ?
(three) the bidder bids in the form of a consortium, and no agreement has been reached with the tenderer;
(four) the bid documents did not respond to the substantive requirements and conditions put forward in the tender documents; ?
(five) the bid evaluation committee found that bidders bid in the name of others, bid in collusion, bid by bribery or bid by other fraudulent means; ?
(six) the bid evaluation committee finds that the tender offer is lower than the tender cost;
(seven) other circumstances that should be regarded as invalid bidding as stipulated by laws, regulations and rules.
Article 20 A tenderer shall issue a bid-winning notice to the winning bidder within 7 days from the date of determining the winning bidder, and notify all unsuccessful bidders at the same time.
Twenty-first projects that must be subject to tender according to law, the tenderer shall, within 5 days from the date of determining the winning bidder, submit a written report on the bidding situation to the relevant administrative departments. The written report shall include the following contents:
(a) the tender method and tender announcement or invitation to bid;
(two) the tender documents and the list of bidders to receive the tender documents;
(three) the record of the bid opening site and the bidder's attendance form;
(four) the bid evaluation method, the list of members of the bid evaluation committee and the bid evaluation report;
(5) The result of winning the bid;
(six) other matters stipulated by laws, regulations and rules.
Article 22 If the tender documents require the winning bidder to submit a performance bond, the amount of the performance bond shall be 5% to 10% of the total contract price. When signing the contract, the performance bond of the winning bidder can be submitted to the tenderer in the form of bank guarantee. Within 30 days after the execution of the contract terms, the tenderer shall return the performance bond to the winning bidder; If it is not returned on time, it shall bear the corresponding liability for breach of contract.
If the winning bidder refuses to submit the performance bond, it shall be deemed as giving up the winning project and bearing the corresponding liability for breach of contract.
Twenty-third the winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others separately.
The winning bidder may, according to the contract or with the consent of the tenderer, subcontract part of the non-major and non-critical work of the winning project to others for completion. The person who accepts subcontracting shall have corresponding qualifications and shall not subcontract again. ?
The winning bidder shall be responsible to the tenderer for the subcontracted project, and the subcontractor shall be jointly and severally liable for the subcontracted project. ?
Twenty-fourth administrative supervision departments and relevant administrative departments shall strengthen supervision over the bid opening and bid evaluation activities of a project subject to tender. No unit or individual may illegally interfere with or influence the bid evaluation process and results.
Chapter IV Legal Liability
Twenty-fifth in violation of the provisions of the fifth paragraph of these measures, without the approval of the project examination and approval department, or not in accordance with the provisions of the project examination and approval department, the relevant administrative departments shall order it to make corrections within a time limit; For all or part of the use of state-owned funds for the project, the project examination and approval department may suspend the project execution or suspend the disbursement of funds; Refuses to correct, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Article 26 If, in violation of the provisions of Article 8 of these measures, key construction projects determined by the provincial people's government are invited for bidding without the approval of the provincial people's government, the competent administrative department of development planning of the provincial people's government shall order it to make corrections within a time limit, and may suspend project execution or allocate funds for projects that use state-owned funds in whole or in part; Refuses to correct, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Article 27 Whoever, in violation of the provisions of Article 9, paragraph 1, and Article 11, paragraph 1 of these Measures, bids by himself or fails to issue a tender announcement as required, or bids without issuing a tender announcement, the bid winning result is invalid, and the relevant administrative department shall order him to re-bid, and the project examination and approval department may suspend the execution of the project or suspend the allocation of funds for all or part of the state-funded projects; Refuse to pay attention to the new tender, and give administrative sanctions to the directly responsible person in charge and the directly responsible personnel of the unit according to law. ?
Article 28 In violation of the provisions of Article 14 and Article 15 of these Measures, if the tenderee colludes with the bidders or the bidders collude with each other in bidding, and the bidders pay bribes to the tenderee or members of the bid evaluation committee in order to win the bid, the bid will be invalid and a fine of more than 5% 10% of the winning project amount will be imposed. And impose a fine of more than 5% 10% of the unit fine on the directly responsible person in charge and other responsible personnel of the unit; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be disqualified from bidding for projects that must be subject to tender according to law within one to two years, and shall be announced until its business license is revoked by the administrative department for industry and commerce; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.
Article 29 If the winning bidder, in violation of the provisions of Article 23 of these Measures, transfers the winning project to others, dismembers the winning project and transfers it to others respectively, subcontracts part of the main body and key work of the winning project to others, or subcontracts it again, the transfer and subcontracting shall be invalid, and a fine of not less than five thousandths but not more than ten thousandths of the amount of the transferred and subcontracted project shall be imposed; Illegal income, confiscate the illegal income; Can be ordered to suspend business for rectification; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.
Article 30 Any functionary of a state organ who, in violation of the provisions of these measures, is under any of the following circumstances shall be ordered to make corrections, and shall be given administrative sanctions of warning, demerit recording and gross demerit recording according to law; If the circumstances are serious, administrative sanctions such as demotion, dismissal and expulsion shall be given according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Restricting or excluding legal persons or other organizations outside the local area and system from participating in the bidding;
(2) Failing to identify the qualification of the tendering agency in accordance with the provisions;
(3) appointing a bidding agency for the tenderer or forcing the tenderer to entrust a bidding agency to handle the bidding matters;
(four) interfere with the preparation of tender documents, the formation of the bid evaluation committee and the bid opening, evaluation and selection;
(five) there are other circumstances such as favoritism, abuse of power, dereliction of duty.
Chapter V Supplementary Provisions
Thirty-first bidders or other interested parties believe that the bidding activities are not in conformity with the relevant provisions of the "People's Republic of China (PRC) Bidding Law" and these Measures, and have the right to complain to the relevant administrative departments. The relevant administrative departments shall investigate and handle the complaint within 10 days from the date of receiving it, and give a written reply to the complainant.
Article 32 These Measures shall come into force on June 6+1October 6+1October 6, 2003.