Article 2 These Measures shall apply to the bidding activities of government procurement of goods and services (hereinafter referred to as goods and services) in People's Republic of China (PRC).
Article 3 Bidding for goods and services is divided into open bidding and invitation bidding.
Public bidding refers to the procurement method in which the purchaser invites unspecified suppliers to participate in bidding by means of tender announcement according to law.
Invitation to bid refers to the procurement method in which the purchaser randomly selects more than three suppliers from suppliers who meet the corresponding qualification conditions according to law and invites them to participate in bidding in the form of invitation to bid.
Article 4 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation, determine the standard of the amount of public bidding applicable to their own provinces, autonomous regions, cities and counties within their respective administrative areas.
Article 5 In bidding activities for goods and services, purchasers shall implement government procurement policies such as energy saving, environmental protection, supporting underdeveloped areas and ethnic minority areas, and promoting the development of small and medium-sized enterprises.
Article 6 A purchaser shall, in accordance with the requirements of the internal control norms of administrative institutions, establish and improve the internal control system of government procurement of his own unit, and strengthen the internal control management of key links such as compiling government procurement budget and implementation plan, determining procurement demand, organizing procurement activities, fulfilling contract commitments, answering questions, cooperating with complaint handling, supervision and inspection.
The purchaser shall not ask or accept gifts, kickbacks or other goods and services unrelated to procurement from the supplier.
Article 7 A purchaser shall determine the attributes of a 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 8 Where a purchaser entrusts a procurement agency to invite tenders, the procurement agency shall conduct procurement activities according to law within the scope entrusted by the purchaser.
Procurement agencies and their branches shall not bid or act as agents in the procurement projects they represent, and shall not provide bidding consultation for bidders of the procurement projects they represent to participate in this project.
Chapter II Bidding
Article 9 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 on his behalf within the scope of entrustment.
The purchaser shall meet the following conditions when organizing the bidding activities by himself:
(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 10 A purchaser shall conduct a market survey on the market technology or service level, supply and price of the subject matter of procurement, and scientifically and reasonably determine the procurement demand and calculate the price according to the survey and asset allocation standards.
Eleventh procurement requirements should be complete and clear, including the following contents:
(a) the functions or objectives to be achieved by the procurement object, and the requirements to be met for the implementation of the government procurement policy;
(2) Relevant national standards, industry standards, local standards or other standards and specifications to be implemented in the subject matter of procurement;
(3) The quality, safety, technical specifications, physical characteristics and other requirements that the procurement subject matter should meet;
(four) the number of procurement targets, the time and place of delivery or the implementation of procurement projects;
(five) the service standards, deadlines, efficiency and other requirements to be achieved by the procurement object;
(6) Acceptance criteria for procurement targets;
(seven) other technical and service requirements of the subject matter of the procurement.
Article 12 According to the price calculation, the purchaser may reasonably set the maximum price within the procurement budget, but may not set the minimum price.
Thirteenth public bidding announcement shall include the following main contents:
(a) the name, address and contact information of the purchaser and the procurement agency entrusted by him;
(two) the name and budget of the procurement project, if the maximum price is set, it should also be disclosed;
(3) The purchasing demand of the purchaser;
(4) Qualification requirements of bidders;
(five) the time limit, place and method of obtaining the tender documents and the selling price of the tender documents;
(6) Time limit for announcement;
(seven) the deadline for bidding, the time and place of bid opening;
(eight) the name and telephone number of the contact person of the procurement project.
Article 14 Where public bidding is adopted, the purchaser or procurement agency shall generate a list of qualified suppliers in the following ways, and randomly select more than three suppliers from them to issue invitations to bid:
(a) issued a prequalification announcement;
(two) to establish a supplier base from the financial department of the people's government at or above the provincial level (hereinafter referred to as the financial department);
(3) Written recommendation of the buyer.
If the list of qualified suppliers is generated by the method specified in the first paragraph of the preceding paragraph, the purchaser or procurement agency shall prequalify the potential bidders in accordance with the standards and methods specified in the prequalification documents.
If the list of qualified suppliers is generated by the method of item (2) or item (3) of the first paragraph, the total number of qualified suppliers to be selected 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.
The invitation to bid shall be sent to all invited suppliers at the same time.
Fifteenth prequalification announcement shall include the following main contents:
(1) Items 1 to 4, 6 and 8 of Article 13 of these Measures;
(two) the time limit, place and method of obtaining the prequalification documents;
(3) The deadline, place and prequalification date for submitting the prequalification application documents.
Article 16 The announcement period of tender announcement and prequalification announcement is 5 working days. The contents of the announcement shall be subject to the announcement issued by the media designated by the financial department at or above the provincial level. The announcement period shall be calculated from the date when the media designated by the financial department at or above the provincial level makes the first announcement.
Article 17 Buyers and procurement agencies shall not take the scale conditions such as registered capital, total assets, operating income, employees, profits and taxes of bidders as qualification requirements or evaluation factors, nor shall they take the authorization, commitment, certification and endorsement of manufacturers other than imported goods as qualification requirements, so as to treat bidders differently or discriminately.
Article 18 A 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 19 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 20 A purchaser or procurement agency shall prepare the tender documents according to the characteristics and procurement requirements of the procurement project. 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.
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.
Article 21 A purchaser or procurement agency shall prepare pre-qualification documents according to the characteristics and procurement requirements of the procurement project. The prequalification documents shall include the following main contents:
(1) Invitation for prequalification;
(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 22 Under normal circumstances, the purchaser and the procurement agency shall not ask the bidder 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.