1. The purchaser shall implement government procurement policies such as saving energy, protecting the environment, supporting underdeveloped areas and ethnic minority areas, and promoting the development of small and medium-sized enterprises in the bidding activities of goods and services. (Article 5)
2. The purchaser shall establish and improve the internal control system of government procurement in accordance with the requirements of internal control norms of administrative institutions, and strengthen internal control management in key links such as compiling government procurement budget and implementation plan, determining procurement demand, organizing procurement activities, performing acceptance, answering questions, cooperating with complaint handling and supervision and inspection.
The purchaser shall not ask or accept gifts, kickbacks or other goods and services unrelated to procurement from the supplier. (Article 6)
3. The purchaser shall determine the attributes of the procurement project according to the classified catalogue of government procurement projects formulated by the Ministry of Finance. If it cannot be determined according to the classification catalogue of government procurement projects, it shall be determined according to the principle of facilitating the implementation of procurement projects. (Article 7)
4. For government procurement projects that are not listed in the centralized procurement catalogue, the purchaser may bid by himself or entrust a procurement agency to bid as an agent within the scope of entrustment. A purchaser who organizes bidding activities by himself shall meet the following conditions: (1) Having the ability and conditions to prepare bidding documents and organize bidding; (two) there are professionals who are suitable for the major of the procurement project. (Article 9)
5. The purchaser shall conduct market research on the market technology or service level, supply and price of the procurement target, and scientifically and reasonably determine the procurement demand and calculate the price according to the investigation and asset allocation standards. (Article 10)
6. According to the price calculation, the purchaser can reasonably set the highest price in the procurement budget, but not the lowest price. (Article 12)
7. In case of inviting tenders, the purchaser or procurement agency shall generate a list of qualified suppliers in the following ways, and randomly select more than three suppliers to send them invitations to bid. The invitation to bid shall be sent to all invited suppliers at the same time.
(1) Issuing the announcement of prequalification for bidding (the purchaser or procurement agency prequalified the potential bidders according to the standards and methods specified in the prequalification documents);
(two) from the financial department of the people's government at or above the provincial level (hereinafter referred to as the financial department) to establish a supplier library (in this way, the total number of qualified suppliers shall not be less than twice the total number of randomly selected suppliers. Random selection refers to the selection of suppliers by drawing lots to ensure that all qualified suppliers have equal opportunities. When selecting suppliers at random, at least two staff members of the purchaser shall be present to supervise and make written records, which shall be filed together with the procurement documents);
(3) Written recommendation of the purchaser (in this way, the total number of qualified suppliers shall not be less than twice the total number of suppliers to be randomly selected. Random selection refers to the selection of suppliers by drawing lots to ensure that all qualified suppliers have equal opportunities. When selecting suppliers at random, at least two staff members of the purchaser shall be present to supervise and make written records, which shall be filed together with the procurement documents. (Article 14)
8. The purchaser and the procurement agency shall not take the scale conditions such as the registered capital, total assets, operating income, employees, profits and taxes of the bidder as the qualification requirements or evaluation factors, nor shall they take the authorization, commitment, certification and endorsement of manufacturers other than imported goods as the qualification requirements, and implement differential treatment or discriminatory treatment for the bidder. (Article 17)
9. The purchaser or procurement agency shall provide the tender documents or prequalification documents at the time and place specified in the tender announcement, prequalification announcement or invitation to bid, and the provision period shall not be less than 5 working days from the date of publication of the tender announcement and prequalification announcement. After the expiration of the offer period, if there are less than three potential bidders who have obtained the tender documents or pre-qualification documents, the offer period may be extended and announced. If prequalification is conducted through public bidding, the tender announcement and prequalification announcement can be jointly issued, and the tender documents should be provided to all suppliers who have passed prequalification. (Article 18)
10, the purchaser or procurement agency shall, according to the implementation requirements of the procurement project, specify whether to accept the consortium bid in the tender announcement, prequalification announcement or invitation to bid. If there is no provision, the consortium bid shall not be rejected. (Article 19)
1 1. The purchaser or procurement agency shall prepare the tender documents according to the characteristics and procurement requirements of the procurement project. For the substantive requirements and conditions that are not allowed to deviate, the purchaser or the procurement agency shall specify them in the tender documents and indicate them in an eye-catching way. The tender documents shall include the following main contents:
(1) Invitation to bid; (2) Instructions to Bidders (including requirements for sealing, signing and stamping of bidding documents). ); (3) Qualification and credit certification documents that the bidder should submit; (four) in order to implement the government procurement policy, the requirements that the procurement object should meet, and the certification materials that the bidder should provide; (five) the requirements for the preparation of bid documents, the requirements for bid quotation, the payment and refund method of bid bond, and the non-return of bid bond; (six) the budget amount of the procurement project, if the maximum price is set, should also disclose the maximum price; (seven) the technical specifications, quantity, service standards, acceptance and other requirements of the procurement project, including attachments and drawings; (eight) the text of the contract to be signed; (nine) the time, place and manner of providing goods and services; (ten) the payment method, time and conditions of procurement funds; (eleven) evaluation methods, evaluation criteria and invalid bidding; (twelve) the validity of the bid; (thirteen) the deadline for bidding, the time and place of bid opening; (fourteen) the standards and methods for the collection of agency fees of procurement agencies; (15) Inquiring channels and deadline of bidders' credit information, specific retention methods of credit information inquiry records and evidence, rules for using credit information, etc. ; (sixteen) other matters stipulated by the financial department at or above the provincial level. (Article 20)
12. The purchaser or procurement agency shall prepare the prequalification documents according to the characteristics and procurement requirements of the procurement project. The prequalification documents shall include the following main contents: (1) prequalification invitation; (2) Instructions for applicants; (3) the qualification requirements of the applicant; (4) Standards and methods for qualification examination; (five) the content and format of the pre-qualification application documents that the applicant should provide; (six) the way, deadline, place and date of the qualification examination of the pre-qualification application documents; (seven) the channels and time limit for the applicant's credit information inquiry, the specific ways to keep the credit information inquiry records and evidence, and the rules for the use of credit information; (eight) other matters stipulated by the financial department at or above the provincial level. Pre-qualification documents shall be provided free of charge. (Article 21)
13. Generally, purchasers and procurement agencies are not allowed to ask bidders to provide samples, except for special circumstances such as unable to accurately describe the procurement requirements in writing or requiring subjective judgment on the samples to confirm whether they meet the procurement requirements.
If the bidder is required to provide samples, the standards and requirements for sample making shall be clearly stipulated in the tender documents, and whether it is necessary to submit relevant test reports, evaluation methods and evaluation standards for samples. If it is necessary to submit the test report with the sample, the requirements and test contents of the testing organization should also be clarified. After the procurement activities, the samples provided by unsuccessful bidders shall be returned in time or handled by unsuccessful bidders with their consent; The samples provided by the winning bidder shall be kept and sealed in accordance with the provisions of the tender documents, and shall be used as a reference for performance acceptance. (Article 22)
14, and the bid validity period is calculated from the deadline for submission of bid documents. The bid validity promised in the bid documents shall not be lower than that stipulated in the tender documents. If the bidder cancels the bid documents within the validity period of the bid, the purchaser or procurement agency may not return the bid bond. (Article 23)
15. The contents of the bidding documents and pre-qualification documents shall not violate laws, administrative regulations, mandatory standards and government procurement policies, and shall not violate the principles of openness, transparency, fair competition, justice, honesty and credibility. If the circumstances specified in the preceding paragraph affect the bidding or prequalification results of potential bidders, the purchaser or procurement agency shall modify the bidding documents or prequalification documents and re-bid. (Article 25)
16. The purchaser or procurement agency may organize the potential bidders who have obtained the tender documents to conduct on-site inspection or hold a question-and-answer meeting before the bid opening after the deadline for providing the tender documents. Where an on-site inspection is organized or a question-and-answer meeting is held, it shall be stated in the tender documents, or all potential bidders who have obtained the tender documents shall be notified in writing after the deadline for providing the tender documents. (Article 26)
17. The purchaser or procurement agency may make necessary clarifications or amendments to the published tender documents, prequalification documents and bid invitation, but shall not change the procurement objectives and qualification conditions. Clarification or modification shall be announced in the original announcement media. The content to be clarified or modified is an integral part of the tender documents, prequalification documents and invitation to bid.
If the clarification or modification may affect the preparation of the tender documents, the purchaser or procurement agency shall notify all potential bidders who have obtained the tender documents in writing at least 15 days before the deadline for bidding; If it is less than 15 days, the purchaser or procurement agency shall postpone the deadline for submission of bid documents.
If clarification or modification may affect the preparation of prequalification application documents, the purchaser or procurement agency shall notify all potential bidders who have obtained prequalification documents in writing at least 3 days before the deadline for submitting prequalification application documents; If it is less than 3 days, the purchaser or procurement agency shall postpone the deadline for submitting the pre-qualification application documents. (Article 27)
18. Before the bidding deadline, the purchaser, procurement agency and relevant personnel shall not disclose to others the names and numbers of potential bidders who have obtained the bidding documents and other bidding information that may affect fair competition. (Article 28)
After the tender announcement, prequalification announcement or invitation to bid is issued, the purchaser and the procurement agency shall not terminate the tender activities without authorization, except that the procurement task is cancelled due to major changes. (Article 29)
19. If the tender is terminated, the purchaser or procurement agency shall issue a termination announcement in the original announcement media in time, notify the potential bidders who have obtained the tender documents, pre-qualification documents or been invited in writing, and report the project implementation and the reasons for canceling the procurement task to the financial department at the corresponding level. If the tender document fee or bid bond has been collected, the purchaser or procurement agency shall refund the collected tender document fee, bid bond and bank deposit within 5 working days after the termination of procurement activities. (Article 29)
20. The lowest bid evaluation method is used to purchase projects, in which different bidders offering the same brand products participate in bidding under the same contract, among which those who pass the qualification examination, compliance examination and offer the lowest price participate in bid evaluation; If the quotations are the same, the purchaser or the purchaser entrusts the bid evaluation committee to determine a bidder to participate in the bid evaluation in the way specified in the tender documents, and other bids not specified in the tender documents are invalid by random selection.
If different bidders who provide the same brand products and pass the qualification examination and compliance examination participate in the bidding under the same contract of the procurement project by comprehensive scoring method, they shall be counted as one bidder, and the winning bidder shall recommend the bidder with the same brand with the highest score after bid evaluation; If the bid evaluation scores are the same, the purchaser or the purchaser entrusts the bid evaluation committee to determine a bidder to obtain the recommendation qualification of the winning bidder in the way specified in the tender documents, and other bidders with the same brand not specified in the tender documents are not regarded as the winning candidate.
For non-single product procurement projects, the purchaser shall reasonably determine the core products according to the technical composition of the procurement project and the product price ratio, and make it clear in the bidding documents. If the brands of core products provided by multiple bidders are the same, it shall be handled in accordance with the provisions of the preceding two paragraphs. (Article 31)