article 7 the bidding scope, bidding method and bidding organization form of a project that needs to go through the formalities of project examination and approval according to relevant state regulations shall be submitted to the project examination and approval department for examination and approval.
the project examination and approval department shall promptly notify the relevant administrative supervision departments of the scope, method and organization of bidding determined by examination and approval.
article 8 projects that must be subject to tender according to law, in which state-owned funds occupy a controlling or leading position, shall be subject to public tender; However, in any of the following circumstances, you can invite tenders:
(1) The technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose from;
(2) The cost of public bidding accounts for a large proportion of the project contract amount.
projects listed in item 2 of the preceding paragraph, which belong to the provisions of article 7 of these regulations, shall be identified by the project examination and approval department when examining and approving the project; Other projects shall be determined by the tenderer applying to the relevant administrative supervision departments.
Article 9 Except for the special circumstances stipulated in Article 66 of the Law on Tendering and Bidding, bidding may not be conducted under any of the following circumstances:
(1) irreplaceable patents or proprietary technologies are needed;
(2) The purchaser can construct, produce or provide it by himself according to law;
(3) The investors of franchise projects who have been selected through bidding can build, produce or provide them by themselves according to law;
(4) It is necessary to purchase the project, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(5) other special circumstances stipulated by the state.
a tenderer who practices fraud in order to apply the provisions of the preceding paragraph belongs to evading bidding as stipulated in Article 4 of the Bidding Law.
article 1 the tenderee stipulated in the second paragraph of article 12 of the tendering and bidding law has the ability to prepare bidding documents and organize bid evaluation, which means that the tenderee has technical and economic professionals suitable for the scale and complexity of the project subject to tender.
article 11 the qualification of a bidding agency shall be determined by the relevant departments in accordance with the law and the provisions of the State Council.
The departments of housing and urban construction, commerce, development and reform, industry and informatization in the State Council shall supervise and manage the tendering agency 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.
the specific measures for obtaining the professional qualification 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 A bidding agency shall carry out bidding agency business within the scope permitted by its qualifications and entrusted by the tenderer, and no unit or individual may illegally interfere.
when acting as an agent for bidding business, a bidding agency shall abide by the provisions of the Bidding Law and these Regulations on tenderers.
A bidding agency shall not bid or act as an agent in the bidding project it represents, nor shall it provide consultation for the bidders of the bidding project it represents.
A tendering agency shall not alter, lease, lend or transfer its qualification certificate.
Article 14 A tenderee shall sign a written entrustment contract with the entrusted tendering agency, and the fees stipulated in the contract shall conform to the relevant provisions of the state.
Article 15 For a project subject to public bidding, a tender announcement and tender documents shall be issued in accordance with the provisions of the Bidding Law and these Regulations.
if a tenderer uses the prequalification method to examine the qualifications of potential bidders, it shall issue a prequalification announcement and prepare prequalification documents.
the pre-qualification announcement and tender announcement of the project that must be subject to tender according to law shall be published in the media designated by the development and reform department of the State Council according to law.
the contents of the prequalification announcement or tender announcement of the same project subject to tender issued in different media should be consistent.
the designated media shall not charge fees for publishing domestic pre-qualification announcements and bidding announcements of projects that must be subject to bidding according to law.
the preparation of pre-qualification documents and bidding documents for projects that must be subject to bidding according to law shall use the standard texts formulated by the development and reform department of the State Council in conjunction with relevant administrative supervision departments.
article 16 a tenderer shall sell pre-qualification documents or tender documents at the time and place specified in the pre-qualification announcement, tender announcement or invitation to bid.
the pre-qualification documents or bidding documents shall be sold for at least 5 days.
the fees charged by the tenderee for selling prequalification documents and bidding documents shall be limited to compensating the cost of printing and mailing, and shall not be for profit.
article 17 a tenderer shall reasonably determine the time for submitting the prequalification application documents.
the time for submitting the prequalification application documents for the project subject to tender according to law shall not be less than 5 days from the date when the prequalification documents stop selling.
article 18 pre-qualification shall be conducted in accordance with the standards and methods specified in the pre-qualification documents.
for a project that must be subject to tender according to law, in which state-owned funds are in the controlling or leading position, the tenderer shall set up a qualification examination committee to examine the pre-qualification application documents.
the qualification examination Committee and its members shall abide by the provisions of the tendering and bidding law and these regulations concerning the bid evaluation Committee and its members.
article 19 after the prequalification, the tenderer shall issue a notice of prequalification result to the prequalification applicant in time.
applicants who have not passed the prequalification are not qualified to bid.
if there are less than three applicants who have passed the pre-qualification, a new tender shall be invited.
Article 2 Where a tenderer uses the post-qualification method to examine the qualifications of bidders, the bid evaluation committee shall examine the qualifications of bidders according to the standards and methods specified in the tender documents after the bid opening.
article 21 a tenderer may make necessary clarifications or amendments to the pre-qualification documents or bidding documents that have been issued.
if the clarification or modification may affect the preparation of prequalification application documents or bidding documents, the tenderer shall notify all potential bidders who have obtained prequalification documents or bidding documents in writing at least 3 days before the deadline for submitting prequalification application documents or at least 15 days before the deadline for bidding; If it is less than 3 days or 15 days, the tenderee shall postpone the deadline for submitting the prequalification application documents or bidding documents.
Article 22 If potential bidders or other interested parties have objections to the prequalification documents, they shall raise them two days before the deadline for submitting the prequalification application documents; Any objection to the tender documents shall be raised 1 days before the deadline for bidding.
the tenderer shall give a reply within 3 days from the date of receiving the objection; Before making a reply, the tendering and bidding activities shall be suspended.
article 23 if the contents of the prequalification documents and bidding documents prepared by a tenderer violate the mandatory provisions of laws and administrative regulations, violate the principles of openness, fairness, impartiality and good faith, and affect the prequalification results or the bidding of potential bidders, the tenderer of a project that must be subject to bidding according to law shall re-invite bids after modifying the prequalification documents or bidding documents.
article 24 a tenderer shall abide by the relevant provisions of the tendering and bidding law when dividing tenders for a project subject to tender, and shall not use the division of tenders to restrict or exclude potential bidders.
the tenderer of a project that must be subject to tender according to law shall not use the division of bid sections to avoid bidding.
article 25 a tenderer shall specify the bid validity period in the tender documents.
the validity of the bid is counted from the deadline for submitting the bid documents.
article 26 where a tenderer requires bidders to submit a bid bond in the tender documents, the bid bond shall not exceed 2% of the estimated price of the project subject to tender.
the validity period of bid bond shall be consistent with the validity period of bid.
The bid bond submitted by the domestic tendering unit in the form of cash or cheque for a project that must be subject to tender according to law shall be transferred from its basic deposit account.
the tenderer shall not misappropriate the bid bond.
article 27 a tenderer may decide whether to prepare a pre-tender estimate.
a project subject to tender can only have one pre-tender estimate.
the pre-tender estimate must be kept confidential.
an intermediary agency entrusted with the preparation of the pre-tender estimate shall not participate in the bidding of the project entrusted with the preparation of the pre-tender estimate, nor shall it prepare bidding documents or provide consultation for the bidders of the project.
if a tenderer has a maximum bid price limit, it shall specify the maximum bid price limit or the calculation method of the maximum bid price limit in the tender documents.
the tenderer shall not stipulate the minimum bid price limit.
article 28 a tenderer may not organize individual or part of potential bidders to visit the project site.
article 29 a tenderer may, in accordance with the law, conduct general contracting bidding for the project and all or part of the goods and services related to the project construction.
if the projects, goods and services included in the scope of general contracting in the form of temporary evaluation belong to the scope of projects that must be subject to tender according to law and meet the scale standards stipulated by the state, they shall be subject to tender according to law.
the term "provisional valuation" as mentioned in the preceding paragraph refers to the amount of projects, goods and services temporarily assessed by the tenderee in the tender documents when the price cannot be determined during the general contracting tender.
article 3 for a project with complex technology or whose technical specifications cannot be accurately drawn up, the tenderer may conduct bidding in two stages.
in the first stage, the bidder submits the technical proposal without quotation according to the requirements of the tender announcement or invitation to bid, and the tenderer determines the technical standards and requirements according to the technical proposal submitted by the bidder and prepares the tender documents.
in the second stage, the tenderer provides the bidding documents to the bidder who submitted the technical proposal in the first stage, and the bidder submits the bidding documents including the final technical scheme and bidding quotation according to the requirements of the bidding documents.
if a tenderer requires a bidder to submit a bid bond, it shall do so in the second stage.
article 31 if a tenderer terminates the tender, it shall make a public announcement in time or notify the potential bidders who have been invited or obtained the prequalification documents and tender documents in writing.
if the prequalification documents and bidding documents have been sold or the bid bond has been collected, the tenderee shall promptly return the fees collected for the prequalification documents and bidding documents, as well as the bid bond collected and the interest of bank deposits for the same period.
article 32 a tenderer may not restrict or exclude potential bidders or bidders with unreasonable conditions.
A tenderer who commits one of the following acts is deemed to restrict or exclude potential bidders or bidders with unreasonable conditions:
(1) Providing different project information to potential bidders or bidders for the same project subject to tender;
(2) The qualifications, technology and business conditions set are not suitable for the specific characteristics and actual needs of the project subject to tender or have nothing to do with the performance of the contract;
(3) The performance and awards of a specific administrative region or a specific industry shall be used as bonus points or bid-winning conditions for projects that must be subject to tender according to law;
(4) adopting different qualification examination or bid evaluation criteria for potential bidders or bidders;
(5) limiting or designating a specific patent, trademark, brand, country of origin or supplier;
(6) The ownership form or organization form of potential bidders or bidders is illegally restricted for projects that must be subject to tender according to law;
(7) restricting or excluding potential bidders or bidders with other unreasonable conditions.
Bidding by tendering and bidding method has great influence on bidding in daily life, so you must be very familiar with it. The above construction-related contents are provided by Zhongda Consulting.
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