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.