Chapter I General Principles
Article 1 In order to standardize the bidding activities of state-invested construction projects, protect the national interests, social interests and the legitimate rights and interests of the parties involved in the bidding activities, ensure the project quality and improve the economic benefits, these Regulations are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and relevant national laws and regulations, and in combination with the actual situation in Sichuan.
Article 2 These Regulations shall apply to state-invested construction projects (hereinafter referred to as projects) within the administrative area of Sichuan Province, including survey, design, construction, supervision and procurement of important equipment and materials related to the project construction.
The specific scope and scale standard of the project subject to tender shall be stipulated by the provincial people's government.
The tendering and bidding projects directly managed by various departments in the State Council shall be subject to other provisions of the state.
Article 3 State-invested construction projects mentioned in these Regulations refer to projects that are wholly or partially invested with state-owned funds or financed by the state.
All or part of the use of state-owned capital investment projects include:
(a) the use of financial budget funds at all levels of the project;
(two) the use of various government special construction funds included in the financial management of the project;
(three) the use of state-owned enterprises and institutions of their own funds;
(four) other state-owned capital investment projects determined by the provincial people's government.
Projects that use state financing in whole or in part include:
(1) Projects financed by bonds issued by the state;
(two) the use of foreign loans or guarantees to raise funds for the project;
(three) the use of national policy loans;
(4) Projects authorized by the state to be invested by investors;
(5) Financing projects chartered by the state;
(six) other national financing projects determined by the provincial people's government.
Article 4 The system of inviting bids according to law, independent evaluation by the bid evaluation committee and supervision by the administrative organ shall be implemented in project bidding.
Bidding activities should follow the principles of openness, fairness, impartiality and good faith. No unit or individual may illegally interfere in bidding activities.
Fifth provincial development planning departments to guide and coordinate the bidding work in the province, in conjunction with the relevant administrative departments to formulate supporting regulations for bidding.
The development planning departments of the people's governments of cities, prefectures and counties (cities, districts) shall guide and coordinate the bidding activities within their respective administrative areas according to law.
Development planning, economy and trade, finance, construction, railways, transportation, information industry, water conservancy, foreign trade, civil aviation and other administrative departments. Bidding management institutions at all levels shall, in accordance with their respective responsibilities, supervise bidding activities, accept complaints and investigate and deal with illegal acts in bidding activities according to law.
Chapter II Tendering and Bidding
Article 6
For projects that must be subject to tender, the tenderer shall submit the following tender projects to the project examination and approval department for examination and approval:
(a) the scope of the tender, including all or part of the tender.
(2) Bidding methods, including public bidding or invitation to bid. If inviting public bidding is adopted, it shall meet the prescribed conditions and explain the reasons in writing.
(three) the form of bidding organization, including entrusted bidding or self bidding. Those who intend to invite tenders by themselves shall meet the prescribed conditions and submit relevant written materials.
(four) the preliminary plan of the contract.
The contents approved in the preceding paragraph shall not be changed by the tenderer. If it is really necessary to change, it must be reported to the original approval department for approval.
The project examination and approval department as mentioned in these Regulations refers to the department that examines and approves the feasibility study report of the project.
Article 7
All projects that must be subject to tender with state-owned capital investment or state-owned capital investment holding or leading position shall be subject to public tender; However, under the circumstances stipulated in Article 9 of these Regulations, tenders may be invited.
Article 8
Public bidding shall issue a tender announcement.
The tender announcement of an open tender project shall be published in the media designated by the national or provincial development planning department in accordance with the regulations. At the same time, the tenderer may publish the tender announcement in other media according to the nature and needs of the project, and the contents of the announcement shall be the same as those published in the designated media.
Article 9
Projects that must be subject to tender, under any of the following circumstances, may be invited by the tenderee with the approval of the project examination and approval department, and those that belong to provincial key projects shall be approved by the provincial people's government:
(a) because of technical complexity or special requirements, only a few potential bidders can choose;
(2) Limited by the natural geographical environment;
(three) involving national security and state secrets;
(four) the cost of public bidding accounts for a large proportion of the total investment of the project;
(five) the provisions of laws, regulations and rules are not suitable for public bidding.
Article 10
In the case of inviting tenders, the tenderee shall, under the supervision of the relevant administrative departments, randomly select more than three bidders from the potential bidders who have the ability to undertake the project subject to tender, have good credit standing and meet the corresponding conditions, and send them an invitation to bid.
Article 11
A tenderer who bids by himself shall have the ability to prepare bidding documents and organize bid evaluation.
In any of the following circumstances, it is not allowed to bid by itself:
(a) the tenderer is the competent department with administrative supervision function for the project;
(two) the staff of the administrative department is the main person in charge of the project subject to tender;
(3) The bidder has committed illegal acts in the implementation of project bidding activities in the past three years.
Article 12
Where entrusted bidding is adopted, the tenderee shall determine the bidding agency by itself through comparison and selection.
The bidding agency shall undertake the bidding agency business within the approved qualification scope. A bidding agency shall not engage in bidding consulting services for the bidding projects it represents.
A procuratorial agency shall accept the supervision of the relevant administrative departments according to law.
Article 13
For the project subject to tender, the tenderer shall provide the following filing materials:
Tender announcement or prequalification announcement or invitation to bid;
(2) Bidding documents, including prequalification documents and prequalification results;
(3) Bid evaluation report;
(4) Letter of acceptance;
(5) contract.
If the tenderer entrusts a bidding agency to bid, the bidding agency shall go through the bidding filing procedures and only provide the filing materials in Items (2), (3) and (5) and the agency contract.
The tenderee or tendering agency shall submit the filing materials item by item to the relevant administrative departments within 5 working days after the end of the activity. Among them, the bidding documents of major construction projects in Sichuan Province shall be submitted to the project examination and approval department for examination and approval 5 working days before the release.
Article 14
The tenderee shall examine the qualifications of potential bidders or bidders according to the provisions of the state and the project subject to tender.
Qualification examination is divided into pre-qualification examination and post-qualification examination. Pre-qualification refers to the qualification examination of potential bidders before bidding, and post-qualification refers to the qualification examination of bidders after bid opening.
Article 15
Where a tenderer prequalifies a potential bidder, a public tenderer shall issue a prequalification announcement and sell prequalification documents in the designated media.
Article 16
Pre-qualification includes mandatory standard method and comprehensive scoring method.
If the mandatory standard method is adopted, all potential bidders who meet the mandatory standard shall be allowed to participate in the bidding.
If the comprehensive scoring method is adopted, the tenderer shall specify the number range of potential bidders who are allowed to participate in bidding after prequalification in the prequalification announcement or prequalification documents, and select potential bidders according to the score, but not less than five; If there are more than three but less than five potential bidders who have passed the pre-qualification, all of them shall be selected.
It is forbidden to take lottery, lottery and other ways to pre-qualify for bidding.
Article 17
The qualification examination conditions and evaluation criteria of potential bidders shall be made public. All potential bidders shall be treated equally, and shall not be discriminated against because of different industries, regions and ownership systems, nor shall they be restricted or excluded by winning awards in their own regions and industries or other certificates unrelated to the performance of the contract as bidding conditions.
Article 18
The tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender. The tender documents shall include all substantive requirements and conditions and the main terms of the contract to be signed.
The construction standards and contents determined by the tenderer in the tender documents shall be controlled within the scope approved by the project examination and approval department.
If a project subject to tender needs to be divided into blocks, it shall comply with the provisions and be specified in the tender documents. It is forbidden to dismember the project by drawing small pieces. Ancillary projects shall generally be contracted out together with the main project.
Article 19
There is generally no pre-tender estimate for projects that must be tendered. If it is really necessary to set the pre-tender estimate according to the special circumstances of the project, the tenderer shall explain it in the tender matters submitted for approval and obtain approval.
If there is no pre-tender estimate, the contract price of the project shall not be higher than the estimated investment approved or evaluated. When a tenderer prepares a pre-tender estimate, its pre-tender estimate can be used as a reference for analyzing whether the quotation is reasonable or not, and shall not be used as a direct basis for deciding whether to scrap the bid.
The administrative department shall not participate in the preparation and determination of the pre-tender estimate.
Article 20
If it has affiliation or other interests with the construction contractor or building materials and equipment supplier of the supervised project, it shall not undertake the supervision business of the project.
Article 21
Units that provide survey, design and consulting services for the project subject to tender shall not participate in the construction of the project subject to tender and the bidding for the procurement of important equipment and materials.
Enterprises engaged in general project contracting can participate in the whole process or several stages of bidding except project supervision according to the requirements of bidding documents.
Chapter III Bid Opening, Bid Evaluation and Bid Winning
Article 22
The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place predetermined in the tender documents.
The place for bid opening and evaluation of major construction projects invested by the state and the province shall be determined by the provincial people's government.
Article 23
The bid opening shall be presided over by the tenderer or its entrusted bidding agency, and all bidders shall be invited to participate.
The bid opening process shall be recorded and filed for future reference.
Article 24
When opening bids, the tenderee will not accept the bid documents in any of the following circumstances:
(a) overdue or not delivered to the designated place;
(two) not sealed according to the requirements of the tender documents.
Article 25
The bid evaluation shall be the responsibility of the bid evaluation committee established by the tenderer according to law. The number of members of the bid evaluation committee of a project subject to tender shall be an odd number of more than 5, and the bid evaluation experts other than the representatives of the tenderer shall not be less than two thirds of the total number of members. The bid evaluation experts are randomly selected from the Sichuan bid evaluation expert database according to the professional classification.
Article 26
The provincial people's government shall establish a unified and comprehensive expert database for bid evaluation in Sichuan Province, and set up a network extraction terminal for bid evaluation experts in the provincial administrative departments and cities, prefectures and counties (cities, districts).
Article 27
One of the following circumstances, shall not serve as a member of the bid evaluation committee:
(a) the main person in charge of the bidder and his close relatives;
(two) the personnel of the project department or the administrative department;
(3) Having an economic interest relationship with the bidder, which may affect the fair bid evaluation;
(four) there have been illegal acts in bidding, bid evaluation and other activities related to bidding.
Members of the bid evaluation committee shall voluntarily withdraw from any of the circumstances specified in the preceding paragraph. If the tenderee or administrative department fails to voluntarily withdraw, once it is discovered, it shall immediately terminate its participation in bid evaluation.
Article 28
The bid evaluation committee shall evaluate and compare the bid documents in accordance with the bid evaluation standards and methods specified in the bidding documents. The bid evaluation criteria and methods not specified in the tender documents shall not be used as the basis for bid evaluation.
Article 29
In the process of bid evaluation, if the bid evaluation committee finds that the bidder's quotation is obviously lower than other bidding quotations, or it cannot make a reasonable explanation and provide relevant supporting materials after the pre-tender price is formulated, the bid evaluation committee may determine that its quotation is lower than the cost, and the bid is invalid.
Article 30
After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer.
The tenderer or its entrusted tendering agency shall publicize the successful candidate in the designated media in the province. The publicity period is 5 working days.
Article 31
The tenderer shall generally determine the winning bidder within 15 working days after the expiration of the publicity period, and shall determine the winning bidder 30 working days before the expiration of the bid validity period at the latest.
The tenderer shall determine the winning candidate ranked first as the winning bidder. If the winning candidate ranked first gives up winning the bid, or fails to perform the contract due to force majeure, or fails to submit the performance bond within the time limit specified in the tender documents, the tenderer may determine the winning candidate ranked second as the winning bidder.
If the second-ranked candidate winning the bid cannot sign the contract due to the reasons listed in the preceding paragraph, the tenderer may determine the third-ranked candidate winning the bid as the winning bidder.
Article 32
After the winning bidder is determined, the tenderee issues a bid-winning notice to the winning bidder; Send a bid-winning notice to the unsuccessful bidders.
The bid-winning notice is issued by the tenderer, and no unit or individual may replace it, intervene in the form of examination and approval, or refuse to handle construction-related procedures such as construction permit.
The tenderer shall not, on the condition of issuing the letter of acceptance, ask the winning bidder to reduce or increase the quotation, increase the workload, shorten the construction period and other requirements that deviate from the contents of the bidding documents.
Article 33
The tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract in accordance with the bidding documents, and the contract may stipulate that the audit conclusion made by the state audit institution according to law shall be used as the settlement basis. In addition, the tenderer and the winning bidder shall not ask the other party for requirements other than the tender documents. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
If the tender documents require the winning bidder to submit a performance bond or other forms of performance guarantee, the winning bidder shall submit it; Refuse to submit, as to give up the winning project. If the tenderer requires the winning bidder to provide performance bond or other forms of performance guarantee, the tenderer shall also provide the winning bidder with the guarantee for payment of project funds.
The tenderer shall not raise the performance bond without authorization, and shall not force the winning bidder to advance the construction funds of the winning project.
Chapter IV Supervisors
Article 34
The relevant administrative departments shall, in accordance with the division of responsibilities, be responsible for supervising illegal acts such as leaking confidential information, leaking pre-tender estimate, colluding in bidding, colluding in bidding, discriminating against bidding, defrauding the bid, illegally negotiating, illegally determining the winning bidder, illegally subcontracting or illegally subcontracting in the bidding process, and accepting complaints from bidders and other interested parties.
The relevant project examination and approval departments are responsible for supervising illegal acts such as evading bidding, violating the provisions on examination and approval of bidding matters, issuing bidding announcements or pre-qualification announcements in violation of regulations, and determining that bidding and bid evaluation are invalid, and accepting complaints from bidders and other interested parties.
Article 35
The administrative supervision of bidding activities shall be implemented by the relevant administrative departments of provinces, cities, prefectures and counties (cities, districts) according to the project affiliation.
Article 36
Major construction projects invested by the state and the province shall implement the special inspector system according to law, and supervise and inspect the project bidding in the construction process.
Article 37
The administrative department shall promptly notify the project examination and approval department of the problems found in the supervision process. The project examination and approval department may suspend the implementation of the project or notify the relevant departments to suspend the disbursement of funds according to the specific circumstances.
Article 38
The provincial people's government shall establish a credit record system for the main body of the bidding market and employees. Those with bad credit records may be prohibited from participating in the bidding activities of projects that must be subject to tender in Sichuan Province as appropriate.
Article 39
Bidders and other interested parties who believe that the bidding activities violate the relevant provisions have the right to question the tenderee or complain to the relevant administrative departments according to law. The relevant administrative departments shall, in accordance with their respective responsibilities, deal with it in a timely manner.
Article 40
The administrative supervision organs shall supervise the state organs, civil servants and other personnel appointed by the state administrative organs who participate in the bidding activities according to law.
Chapter V Legal Liability
Article 41
If a tenderer or a procuratorial agency entrusted by him commits any of the following acts, he shall be given a warning, ordered to make corrections within a time limit, and may be fined between 654.38 million yuan and 30,000 yuan:
(a) the provisions on the time and method of obtaining the tender documents in the tender announcement are obviously unreasonable;
(two) the contents of the tender announcement of the same tender project published in different media are inconsistent;
(3) Providing false tender announcement and certification materials, or the tender announcement contains fraudulent contents;
(four) the successful candidate has not been publicized.
Article 42
For a project that must be subject to tender, if the tenderer is under any of the following circumstances, it shall be ordered to make corrections within a time limit, and a fine of not less than 3,000 yuan but not more than 30,000 yuan may be imposed on the directly responsible person in charge and other directly responsible personnel of the unit:
(1) Failing to publish the tender announcement or prequalification announcement in the designated media;
(2) Failing to issue an invitation to bid according to law;
(3) Failing to determine the tendering agency as required;
(4) Pre-qualification of bids by drawing lots and shaking numbers;
(five) the project that should be invited for public bidding is invited for bidding without approval;
(six) do not have the tender conditions;
(seven) do not have the conditions for self bidding and take self bidding;
(eight) did not fulfill the approval procedures;
(nine) do not bid according to the contents approved by the project examination and approval department;
(10) Receive the bid documents after the deadline for submission of bid documents;
(eleven) the number of bidders does not meet the statutory requirements;
(twelve) the location of the bid opening and evaluation of major construction projects invested by the state and the province does not conform to the provisions of the provincial people's government.
If the tender is invalid due to the circumstances listed in the preceding paragraph, the bid evaluation and winning bid shall be invalid, and the tenderer shall be ordered to re-tender; If losses are caused to the tenderer from this, it shall compensate for the losses.
Article 43
Except for force majeure, if the tenderee terminates the tender after issuing the tender announcement, invitation letter or tender documents, it shall be given a warning and may be fined not more than 30,000 yuan according to the circumstances, and compensate the potential bidders or the direct losses of the bidders.
Article 44 If a project subject to tender is under any of the following circumstances, the bid evaluation is invalid, and the tenderer shall reorganize the bidding or bid evaluation according to law. The expenses for reorganizing the bidding or bid evaluation shall be borne by the responsible unit or person, and the responsible person shall be fined between 3,000 yuan and 30,000 yuan:
(a) The evaluation criteria and methods not specified in the tender documents;
(2) The standards and methods for pre-qualification or bid evaluation contain contents that exclude bidders, hinder or restrict competition among bidders, and affect the bid evaluation results;
(3) Taking the pre-tender estimate as the direct basis for deciding to scrap the bid;
(four) the evaluation experts in Sichuan Province have not been determined;
(five) the formation and composition of the bid evaluation committee does not meet the statutory requirements;
(six) the bid evaluation committee and its members have illegal acts in the process of bid evaluation, which affect the bid evaluation results.
If the bid evaluation is invalid due to the circumstances listed in the preceding paragraph, the bid is invalid; If losses are caused to the bidder, it shall compensate for the losses.
Article 45
If the bid invitation, bid evaluation and bid winning are invalid, the bid winning notice issued is invalid.
If the bidding, bid evaluation and bid winning are invalid, they shall be dealt with separately according to the following circumstances:
(a) if the winning bidder is not determined, the bidding and bid evaluation activities shall be terminated; If the winning bidder has been determined but the contract has not been fulfilled, the re-tendering and bid evaluation shall be terminated or the performance of the winning bidder shall be re-determined from other bidders according to the prescribed conditions. If losses are caused to others, they shall be liable for compensation.
(2) If the contract has been partially performed, the unfulfilled part will be terminated, and the unfulfilled part will be re-invited for bid evaluation, or the winning bidder will be re-determined from other bidders according to the specified conditions. If losses are caused to others, they shall be liable for compensation.
(three) the contract has been performed, causing losses to others, shall be liable for compensation.
Article 46
If the tenderee or tendering agency fails to submit the tender filing materials or provide false filing materials in accordance with the provisions of these regulations, it shall be ordered to make corrections within a time limit; Refuses to correct, can be fined 2000 yuan to 20 thousand yuan.
Article 47
In violation of the provisions of Article 32 of these regulations, if the tenderer deviates from the requirements of the bidding documents and the contents of the bidding documents on the condition of issuing the letter of acceptance, it shall be ordered to make corrections and may be fined between 1 10,000 yuan and 50,000 yuan.
Article 48
In violation of the provisions of Article 33 of these regulations, if the tenderer and the winning bidder fail to conclude a contract in accordance with the tender documents and bidding documents, or conclude other agreements that deviate from the substantive contents of the contract, they shall be ordered to make corrections and may be fined at least 0.5% to 6.5% of the amount of the winning project.
If the tenderer raises the performance bond without authorization or forces the winning bidder to advance the construction funds of the winning project, it shall be ordered to make corrections and may be fined not less than five thousandths but not more than five thousandths of the winning project amount.
Article 49
In violation of the provisions of these regulations, the relevant administrative departments and their staff members shall be given a warning and ordered to make corrections within a time limit in any of the following circumstances; The person in charge and other responsible personnel who are directly responsible for the unit shall be given administrative sanctions according to law:
(1) Restricting or excluding legal persons or other organizations outside the local area and system from participating in the bidding;
(2) illegally interfering with the tenderer's autonomy in preparing the tender documents, determining the pre-tender estimate, setting up a bid evaluation committee, bid opening and evaluation, determining the winning bidder and signing the contract;
(3) Illegally charging fees from the parties to the bidding and tendering and the bidding agency;
(4) Designating a tendering agency for a tenderer or forcing a tenderer who has the ability to tender by himself to entrust a tendering agency to handle the tendering matters;
(5) illegally interfering in bidding activities by other means.
Any functionary of a state organ who has the responsibility of administrative supervision over bidding activities according to law who engages in malpractices for personal gain, abuses his power or neglects his duty shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50
The administrative punishment prescribed in these Regulations shall be decided by the relevant administrative organs within their respective functions and powers. If two or more administrative departments have the right to punish the same illegal act, it shall be handled by the organ that accepted it first.
Article 51
Other illegal acts in bidding activities, which have been stipulated in the Bidding Law of People's Republic of China (PRC), shall be punished in accordance with its provisions.
Article 52
These Regulations shall come into force as of June 6, 2004.
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