Implementation of Guangxi Zhuang Autonomous Region
Standing Committee of the People's Congress of Guangxi Zhuang Autonomous Region
20 15 12 10
Measures of Guangxi Zhuang Autonomous Region on Implementing the Bidding Law of People's Republic of China (PRC)
(Adopted at the Seventh Meeting of the Standing Committee of the Tenth People's Congress of Guangxi Zhuang Autonomous Region on March 26, 2004)
Adopted at the 17th meeting of the Standing Committee of the 11th People's Congress of Guangxi Zhuang Autonomous Region on September 29th, 20 10.
Amendment to the decision on amending some laws and regulations
20 15 12 10 revised at the 20th meeting of the Standing Committee of the 12th People's Congress of Guangxi Zhuang Autonomous Region)
Article 1 In order to regulate the bidding activities, these Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), combined with the actual situation of this autonomous region.
Article 2 These Measures shall apply to the bidding activities within the administrative area of this autonomous region.
Article 3 The people's governments at or above the county level may, according to the needs of bidding work, establish a coordination mechanism for bidding work to solve major problems in bidding work in a timely manner.
Article 4 The development and reform departments of the people's governments at or above the county level shall be responsible for the guidance and coordination of the bidding work within their respective administrative areas.
The relevant departments of the people's governments at or above the county level, such as industry and information technology, housing and urban and rural construction, transportation, water conservancy and commerce. , in accordance with the provisions of the division of responsibilities, supervision of bidding activities, investigate and deal with illegal acts in bidding activities according to law; The financial department shall supervise the budget implementation and government procurement policy implementation of government procurement construction projects that must be subject to tender according to law.
Supervisory organs shall supervise the objects of supervision related to bidding activities according to law.
Where the people's governments at or above the county level have other provisions on the division of responsibilities for the supervision and management of bidding activities of their subordinate departments, such provisions shall prevail.
Article 5 The municipal people's governments of autonomous regions and districts shall establish a unified and standardized centralized bidding trading platform to provide public services for bidding activities. The centralized trading platform for bidding and tendering shall not be forced to designate bidding, shall not be subordinate to the administrative supervision department, and shall not be for profit.
Encourage the use of information networks for electronic bidding. Electronic tendering and bidding activities and their supervision and management shall be implemented in accordance with relevant state regulations.
Article 6 The following engineering construction projects, including engineering survey, design, construction, supervision and the procurement of important equipment and materials related to engineering construction, must be subject to tender if they meet the scope and scale standards stipulated by the state:
(1) Infrastructure projects and public utilities projects related to social interests and public safety;
(two) the use of state-owned funds to invest in projects, including the use of various types of financial funds at all levels, state-owned enterprises and institutions and state-owned funds to invest in the holding or leading position of the project;
(3) State financing projects, including government bond financing, government loan or guarantee financing, government authorized investor financing and franchise financing projects;
(4) Projects using funds from international organizations or foreign governments, including projects using loan funds from international organizations such as the World Bank and the Asian Development Bank, loan funds from foreign governments and their institutions, and aid funds from international organizations or foreign governments;
(five) other projects that must be subject to tender according to laws and regulations.
Article 7 For a construction project in which all non-state-owned funds are used and state-owned funds do not occupy a controlling or leading position, the project owner can decide whether to invite public bidding or not, and choose the bidding method independently, unless it is required by laws and regulations.
Article 8 Where a project subject to tender according to law needs to go through the formalities of project examination and approval in accordance with the relevant provisions of the state, its tender scope, tender method and tender organization form shall be reported to the project examination and approval department for examination and approval. The project examination and approval department shall, within five working days from the date of examination and approval, send a copy to the relevant administrative supervision departments of the scope, method and organization of bidding determined by examination and approval.
The tenderer shall organize the tender according to the scope, method and organization of the tender after examination and approval. If it is really necessary to change, it shall go through the relevant examination and approval procedures again at the original examination and approval department.
Article 9 A project that is not suitable for bidding under any of the following circumstances may not be invited to bid:
(a) involving national security, state secrets, emergency rescue and disaster relief;
(two) belonging to the use of poverty alleviation funds to implement the work-for-work relief needs to use migrant workers;
(3) It is necessary to adopt irreplaceable patents or proprietary technologies;
(four) the purchaser can build, produce or provide it by himself according to law;
(5) Investors of franchise projects selected through bidding can build, produce or provide them by themselves according to law;
(six) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(seven) other special circumstances stipulated by the state.
Under any of the circumstances listed in the preceding paragraph, if all the construction projects that are controlled or dominated by state-owned funds or need to be examined and approved are not subject to tender, it shall be confirmed by the project examination and approval department.
Tenth state-owned funds holding or leading position of the project, according to the law must be tender, it should be open tender; But in any of the following circumstances, you can invite tenders:
(a) the technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose;
(two) the cost of public bidding accounts for a large proportion of the project contract amount.
In case of any of the circumstances listed in Item (2) of the preceding paragraph, the project that needs to be examined and approved in accordance with the relevant provisions of the state 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.
Eleventh construction projects that must be subject to tender according to law shall meet the following conditions:
(a) the tenderer has been established according to law;
(two) the project subject to tender needs to go through the examination and approval procedures, which have been approved;
(three) the scope, method and organization of the tender should go through the examination and approval procedures, which have been approved;
(four) there are corresponding funds or sources of funds have been implemented;
(five) there are design drawings and technical data required for bidding.
Twelfth bidding activities generally include the following procedures:
(a) the construction project that must be subject to tender according to law shall go through the formalities for examination and approval of the project in accordance with the relevant provisions;
(2) Preparation of tender documents;
(3) Issuing a tender announcement or an invitation to bid. If prequalification is adopted, the prequalification announcement shall be issued, the prequalification documents shall be sold, and the potential bidders shall be qualified according to the standards and methods specified in the prequalification documents;
(4) Selling the tender documents;
(five) according to the needs, can organize all potential bidders to conduct on-site reconnaissance;
(six) to clarify or modify the tender documents;
(seven) to accept the tender documents, the bidder shall submit the bid bond in the way and amount required by the tender documents;
(8) bid opening;
(nine) the formation of the bid evaluation committee;
(10) bid evaluation;
(eleven) submit a bid evaluation report to determine the candidate winning the bid;
(twelve) publicity of the successful candidate;
(thirteen) calibration, issued a letter of acceptance;
(14) Refund the bid bond of unsuccessful bidders and the interest of bank deposits in the same period;
(fifteen) to submit a written report on the bidding situation to the relevant administrative supervision departments;
(sixteen) the winning bidder shall submit the performance bond in accordance with the requirements of the tender documents, sign the contract, and return the bid bond and the bank deposit interest for the same period.
If the state has other provisions on the bidding procedures of the industry, such provisions shall prevail.
Thirteenth projects that must be subject to tender according to law, the tenderer shall choose at least one media designated by the state and the autonomous region to publish pre-qualification announcements and tender announcements. 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 contents of the prequalification announcement or tender announcement of the same project subject to tender published in different media shall be consistent.
Article 14 A tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender.
The tender documents shall include the following main contents:
(a) tender announcement or invitation to bid;
(2) Instructions to bidders, mainly including the tenderer, project overview, source of funds, proportion and implementation, bidding scope, planned construction period, quality requirements, bidder's qualification or ability, bidding document preparation requirements, bidding quotation description, bidding document submission method, bidding place and deadline, bidding validity period, bid evaluation method, bid bond amount and submission method, etc. ;
(3) evaluation criteria;
(four) technical requirements, including main equipment, materials, main technical parameters, technical specifications, process design and construction organization plan requirements;
(5) Business requirements, including bid quotation, calculation formula, price analysis, etc. ;
(6) Contract requirements, including standard contract format, general terms and conditions, special terms and conditions, etc. ;
(7) Attachments, including drawing catalogue, bid document format, maximum bid price limit or calculation method of maximum bid price limit, etc. ;
(eight) the tender by bill of quantities, shall provide the bill of quantities;
(9) bidding auxiliary materials.
Article 15 Where a tenderer adopts pre-qualification, it shall examine the qualifications of the pre-qualification applicant in accordance with the conditions, standards and methods specified in the pre-qualification documents.
After the prequalification, the tenderee shall notify the qualified applicant in writing of the time, place and method of obtaining the bidding documents, and explain the reasons for the unqualified prequalification to the unqualified applicant.
Article 16 A tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions.
A tenderer who commits one of the following acts shall restrict or exclude potential bidders or bidders with unreasonable conditions:
(a) the potential bidder does not meet the actual requirements of the project subject to tender or is higher than the actual requirements of the project subject to tender;
(2) Taking the contracted construction projects with capital and advanced capital as the bidding conditions, except for infrastructure and public utility investment projects built by franchising;
(3) The qualification examination shall be conducted by drawing lots and shaking numbers;
(4) For a project that should be subject to public bidding according to law, the tender announcement and prequalification announcement are not published in the designated media, or the contents of the tender announcement and prequalification announcement published in different media for the same project subject to tender are inconsistent;
(5) Require bidders to win prizes in a specific administrative region or perform in a specific industry, or restrict the registered address of bidders, or require bidders to submit bid bonds exceeding those specified in Article 17 of these Measures or submit various bid bonds;
(six) other unreasonable restrictions, exclusion of potential bidders or bidders.
Article 17 Where a tenderer requests a bidder to submit a bid bond in the tender documents, the bid bond shall not exceed 2% of the estimated project price. If a domestic bidder submits a bid bond in the form of cash or cheque for a project that must be subject to tender according to law, it shall be transferred out of basic account. If the state has other provisions on bid bond, such provisions shall prevail.
Article 18 In any of the following circumstances, the tenderee shall reject the bid documents:
(a) the tender documents are delivered late or not delivered to the designated place;
(two) the tender documents are not sealed in accordance with the requirements of the tender documents;
(three) the applicant who submitted the bidding documents failed to pass the pre-qualification.
Article 19 A bidder shall be responsible for the authenticity of his bid documents.
Article 20 It is forbidden for bidders to collude with tenderers and bidders in bidding.
Bidders are prohibited from winning the bid by deception.
Twenty-first bidders shall not conduct the following bidding activities in the name of others:
(a) affiliated with a qualified unit and bidding in its name;
(2) Obtaining qualifications and qualification certificates from other units by means of transfer or lease;
(three) by other units and their legal representatives in their own preparation of the tender documents stamped and signed;
(four) the person in charge of the project or the main technical personnel are not the personnel of the unit;
(5) The bid bond submitted in the form of cash or check will not be transferred from the bidder basic account;
(six) other acts of bidding in the name of others.
If the bidder fails to provide the labor contract, social insurance and other labor relations certification materials of the project leader and main technicians, it shall be deemed that there is the situation specified in Item (4) of the preceding paragraph.
Article 22 The bid opening shall be conducted according to the following procedures:
(a) announced the number of bid documents received before the deadline for submission of bid documents;
(2) Announcing the discipline of bid opening and the list of bid opening personnel;
(three) confirm whether the bidder or its client is present;
(four) check and confirm whether the seal of the tender documents is in good condition;
(5) Open the bidding documents that are well sealed and meet the sealing requirements of the bidding documents;
(six) if there is a pre-tender estimate or the maximum bid price limit, read out the pre-tender estimate or the maximum bid price limit;
(seven) read the name of the bidder, bid quotation and other contents of the tender documents;
(eight) record the bid opening process. The bid opening records shall be signed and confirmed by the representatives of the tenderee, bidders, recorders and relevant supervisors, and kept on file for future reference.
Twenty-third autonomous regions shall establish a unified comprehensive evaluation expert database across industries and regions.
The unified comprehensive evaluation expert database in the whole region set up a network terminal for extracting evaluation experts in the centralized trading place of bidding.
Article 24 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation.
The expert members of the bid evaluation committee shall be randomly selected from the unified comprehensive bid evaluation expert database in the whole region or the list of experts in the relevant professions established in accordance with the law. The bid evaluation experts of government investment projects shall be drawn from the unified comprehensive bid evaluation expert database in the whole region. Unless otherwise stipulated by the state, such provisions shall prevail.
Members of the bid evaluation committee enjoy equal rights in the process of bid evaluation, conduct bid evaluation independently, without interference from any organization or individual, and are responsible for the bid evaluation opinions put forward.
Twenty-fifth any of the following circumstances, shall not serve as a member of the bid evaluation committee:
(1) The bidder or the close relatives of the main person in charge of the bidder;
(two) the staff of the department in charge of bidding projects or the administrative supervision department of bidding;
(3) Persons who have economic interests with the bidders and may affect the impartial bid evaluation;
(4) Persons who have been subjected to administrative punishment for less than three years or criminal punishment for illegal acts in bidding activities;
(five) people who have other interests with the bidder.
Members of the bid evaluation committee shall voluntarily withdraw from any of the circumstances specified in the preceding paragraph. The tenderer shall examine whether the members of the bid evaluation committee have the circumstances specified in the preceding paragraph.
Twenty-sixth bid evaluation shall be carried out in accordance with the following procedures:
(a) read out the discipline of bid evaluation;
(two) to determine the chairman of the bid evaluation committee;
(three) according to the evaluation criteria and methods for evaluation;
(four) submit a written bid evaluation report and a list of successful candidates to the tenderer.
Article 27 The bid evaluation committee shall conduct bid evaluation according to the bid evaluation standards and methods determined in the tender documents. When evaluating bids, the evaluation criteria and methods shall not be modified or supplemented.
The bid evaluation methods include the lowest evaluated bid price method, comprehensive evaluation method or other bid evaluation methods permitted by laws and regulations. The evaluated lowest bid price method is generally applicable to the project subject to tender with general technical and performance standards or the tenderee has no special requirements for its technology and performance.
When quantifying the bid evaluation factors, the bid evaluation committee shall establish quantitative indicators on the same basis or standard to make the bidding documents comparable.
Twenty-eighth after the evaluation of the bid evaluation committee, all or part of the bid was rejected, and there were less than three effective bids, resulting in obvious lack of competition in the bid, the tenderer shall re-invite the bid according to law after analyzing the reasons for the failure of the bid.
Twenty-ninth after the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer. The bid evaluation report shall truthfully record the following contents:
(a) the basic situation and data table of bid evaluation;
(2) Record of bid opening;
(3) List of members of the bid evaluation committee;
(4) Bidding list that meets the requirements;
(5) the explanation of the veto;
(6) Bid evaluation criteria, bid evaluation methods or list of bid evaluation factors;
(seven) after the review of the price or score comparison list;
(eight) the ranking of the evaluated bidders;
(nine) the list of recommended candidates for winning the bid and the matters that should be dealt with before signing the contract;
(10) minutes of clarification, explanation and correction;
(eleven) the problems found in the process of bid evaluation and their treatment results or suggestions.
The bid evaluation report shall be signed by all members of the bid evaluation committee. If members of the bid evaluation committee have different opinions on the bid evaluation results, they shall explain the different opinions and reasons in writing. Those who refuse to sign the bid evaluation report without giving different opinions and reasons in writing shall be deemed to agree with the bid evaluation results, and the bid evaluation committee shall make a written explanation and put it on record.
After the bid evaluation committee completes the bid evaluation, the tenderer shall seal the bid evaluation data in accordance with the provisions.
Thirtieth projects that must be subject to tender according to law, the tenderer shall publicize the successful candidates within three days from the date of receiving the bid evaluation report, and the publicity period shall not be less than three working days. If the tenderer refuses to publicize the successful candidate within the specified time, the relevant administrative supervision department shall order him to publicize it.
If there is no objection or no objection is established at the expiration of the publicity period, the tenderer shall, within five days after the end of the publicity period, determine the winning bidder in accordance with the calibration method specified in the tender documents, issue a letter of acceptance to the winning bidder, and notify all bidders who have not won the bid.
Bidders or other interested parties have objections to the bid evaluation results, which shall be put forward within the publicity period of the successful candidate. The tenderer shall make a reply within three days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities shall be suspended.
The tenderer shall, within fifteen days from the date of determining the winning bidder, submit a written report on the bidding situation to the relevant administrative supervision departments, and attach a bid evaluation report.
Article 31 A tenderer shall not, against the will of the winning bidder, require the winning bidder to reduce the quotation, increase the workload, shorten the construction period or put forward other requirements, and take them as the conditions for issuing the letter of acceptance and concluding the contract.
Article 32 If a tenderee does not have the conditions for self-tendering, it shall entrust a tendering agency with the corresponding qualifications as stipulated by the state to conduct tendering, and no unit or individual may appoint a tendering agency for it in any way. Among them, the government investment projects that must be subject to bidding according to law shall determine the bidding agency through open, fair and just competition.
Article 33 A procuratorial agency shall not commit any of the following acts:
(1) colluding with the tenderee or bidder to harm the national interests, social public interests or the legitimate rights and interests of others;
(two) to accept the bidding agency or bidding consulting business of the same bidding agency project;
(3) Renting or lending the qualification certificate;
(four) without authorization in the agency contract to increase fees or raise fees;
(five) to instruct the members of the bid evaluation committee to choose the intended winning bidder or give extra points to the intended winning bidder in an express or implied way;
(six) other acts in violation of laws and regulations.
Thirty-fourth autonomous regions shall establish a publicity system for bidding credit records, improve the publicity platform for credit records, and realize the sharing of bidding credit information resources. The department that made the decision on administrative handling shall, within 20 working days from the date of making the decision, announce the illegal bidding behaviors and handling results of the tenderee, bidder, tendering agency and members of the bid evaluation committee on the credit record publicity platform.
Thirty-fifth projects entering the centralized trading platform for bidding and tendering shall be subject to catalogue management, and the centralized trading catalogue shall be formulated and published by the people's governments of autonomous regions and districts.
Projects listed in the centralized trading catalogue of bidding and tendering shall be subject to bidding and tendering on the centralized trading platform, subject to supervision and management, and any form of off-site bidding and tendering is prohibited; For projects not listed in the centralized trading catalogue, the tenderee can choose whether to enter the centralized trading platform for bidding.
Article 36 If the procedures for confirming the non-tendering situation are not fulfilled in accordance with the provisions of the second paragraph of Article 9 of these Measures, the relevant administrative supervision departments shall order it to make corrections within a time limit, notify the supervisory organs and relevant administrative departments, and make an announcement on the credit record publicity platform according to law; For government-invested projects, project construction or investment arrangements shall be suspended.
If the procedures for determining the bidding situation are not fulfilled in accordance with the provisions of the second paragraph of Article 10 of these Measures, the relevant administrative supervision departments shall order it to make corrections within a time limit, notify the supervisory organs and relevant administrative departments, and make an announcement on the credit record publicity platform according to law; For projects with government investment subsidies and interest subsidies, the allocation of investment subsidies and interest subsidies can be reduced, recovered or stopped.
Thirty-seventh project approval departments, relevant administrative supervision departments and their staff in any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Failing to examine and approve the bidding scope, bidding method and bidding organization form of the project according to law;
(2) restricting or excluding legal persons or other organizations outside the local area or system from participating in the bidding;
(three) do not handle complaints and reports in accordance with the provisions;
(4) illegally interfering with the tenderer's independent selection of a bidding agency, the formation of a bid evaluation committee or the determination of the winning bidder;
(5) illegally charging additional fees;
(six) other acts of abuse of power, favoritism and dereliction of duty.
Thirty-eighth in violation of the provisions of the second paragraph of Article 35 of these measures, the projects listed in the centralized trading catalogue of bidding and tendering are traded outside the centralized trading platform of bidding and tendering, and the people's governments at or above the county level shall order them to make corrections within a time limit; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Thirty-ninth acts in violation of the provisions of these measures, laws and administrative regulations have legal liability provisions, from its provisions.
Article 40 These Measures shall come into force on March 6, 20 1 year.