Guangdong province's implementation of the law of the People's Republic of China on Tendering and bidding
The second session of the Standing Committee of the tenth Guangdong Provincial People's Congress was approved by the seventh session of the Standing Committee of the Thirteenth National People's Congress of Guangdong Province in November 29, 2018, April 2, 2003.
Article 1 in order to standardize bidding activities, the present Measures are formulated in accordance with the law of the People's Republic of China on Tendering and bidding, the regulations for the implementation of the bidding law of People's Republic of China, and the actual conditions of this province.
The second is to apply for the tendering and bidding activities in the administrative region of this province.
Third standards for specific scope and scale of engineering construction projects and other projects that must be bids according to law shall be carried out in accordance with relevant regulations of the state.
It is not a project that must be tendered according to law. The project unit shall decide whether or not to invite tenders according to law. No unit or individual may force it to tender.
The fourth tendering and bidding activities should follow the principles of openness, fairness, fairness, merit and honesty.
Fifth departments of development and reform of people's governments at or above the county level shall guide and coordinate the tendering and bidding work in their respective administrative areas.
The relevant departments of the people's governments at the county level and above, such as industry and information technology, housing, urban and rural construction, transportation, water conservancy, commerce, finance and auditing, shall supervise the relevant bidding and tendering activities in accordance with the division of responsibilities.
Where the people's governments at or above the county level have separate provisions on the division of duties for supervision of tendering and bidding activities of their departments, such provisions shall be stipulated.
Sixth legally established legal persons or other organizations may build and operate bidding and trading platform according to the unified standard of the state and the province. The tendering and bidding platform established by the government shall not be profit oriented, and shall not be subordinating with the administrative supervision department.
The tenderee and the entrusted tendering agency shall have the right to choose the bidding and tendering transaction platform for tendering and bidding, and no unit or individual shall designate the tender and tender trading platform in any way, and shall not restrict or discriminate against the subject, the industry, the region, and the ownership of the tendering and bidding platform.
The seventh section encourages the use of information networks for electronic tendering and bidding. In accordance with the law, the bidding must be carried out by electronic tendering and bidding.
The second chapter is tender, tender, bid opening, bid evaluation and winning bid.
Eighth items that must be tendered according to law, and in accordance with the relevant provisions of the state, it is necessary to fulfil the procedures for examination and approval of projects. The tendering items, such as the scope of tendering, the mode of tendering and the form of tender organization, shall be submitted to the examination and approval department for examination and approval.
The ninth tender items shall be submitted for examination and approval when approved and approved by the project newspaper.
For projects related to survey, design, supervision and so on, where tendering is required in advance, the tender items may be separately applied for examination and approval prior to the approval and approval of the project reports.
The tenth tenderers have professionals in the fields of economy, engineering technology, budgetary estimate, finance and management, which are suitable for the scale and complexity of the tender project, and more than three persons who have experience in bidding for similar projects.
If the tenderer prescribed in the preceding paragraph is subject to administrative punishment or criminal punishment for bidding activities, he or she shall not handle tendering matters on its own within two years.
Eleventh bidding for construction projects that have to be tendered according to law shall meet the following requirements:
(1) the tenderee has been established according to law.
(two) in accordance with the relevant provisions of the state, the documents for examination and approval of the tender items have been obtained and the documents for examination and approval of the bidding items have been obtained.
(three) the corresponding funds or sources of funds have been implemented.
Tenders for construction projects must be tendered according to law, and the necessary drawings and technical documents needed for tendering should also be provided.
In accordance with the law that tenders for construction projects must be tendered according to law, civil engineering construction and purchase and installation of equipment shall be invited. The approval and adjustment procedures for preliminary design and budgetary estimate shall be performed, and approval shall also be obtained.
Twelfth tender notices and prequalification notices for projects that have to be tendered according to law shall be issued in accordance with the regulations in the media designated by the state and the province.
The provincial designated media shall issue the tender notice and prequalification notice within three days from the date of the tenderer's submission of the tender notice and the prequalification notice, and shall not charge any fees.
The thirteenth tenderee shall include in the tender document the veto clause.
If the tenderer adds, removes or modifies the tender clause by supplementing the tender documents, it shall include in the supplementary tender documents the complete rejection of the tender clause after adjustment.
The rejected bidding clause is not centralized and will not be accepted when bidding.
The fourteenth article disputes the understanding of the standards for bid evaluation, the bid evaluation method, the qualification examination clauses and the rejection of the tender clauses stipulated in the prequalification documents and tender documents, and shall be interpreted in accordance with the usual understanding. If there are two or more explanations, we should make an explanation which is not conducive to the tenderee.
The fifteenth tendering project belongs to the construction and supervision. The project leader and the person in charge of the project that the Bidder intends to send shall sign and confirm in the tender documents. The tender documents shall contain the qualification examination clauses signed by the project leader and the technical person in charge.
There must be no following situations between the sixteenth bidders.
(1) there are two or more details of the substantive contents of the tender documents prepared by different bidders;
(two) the bidding documents of different bidders are compiled, packaged, encrypted or uploaded by the same electronic equipment, and the bidding documents of different bidders are printed and duplicated by the electronic equipment of the same bidder.
(three) the bidding documents of different bidders are served or distributed by the same bidder.
(four) the persons who take part in the bidding activities are the incumbent of other tenderers in the same bid.
(five) the bid security of different bidders is transferred from the respective basic accounts of the bidders, but the funds required come from the same unit or individual account.
(six) other prohibitions stipulated by laws and administrative regulations.
The seventeenth tenderee shall not have the following circumstances:
(1) the tenderee shall assist the prequalification applicant or bidders to replace or modify the prequalification application documents or tender documents.
(two) the tenderee leaks directly or indirectly to the interested party of the tenderer or the tenderer the name, quantity or qualification examination of the applicant who obtains the prequalification document or the prequalification, and divulge the name or quantity of the potential bidder, or the bid evaluation, etc.
(three) the tenderee, through coercion, persuaded and retreat, and inducement, shall make other bidders other than specific bidders give up the bid or the winning bidder abandon the bid.
(four) other prohibitions stipulated by laws and administrative regulations.
Eighteenth bidding projects shall be evaluated separately.
Bid evaluation shall be held by the bid evaluation committee established by the tenderer according to law.
The bid evaluation committee consists of representatives of the tenderee and relevant experts. The number of members of the bid evaluation committee is more than five or odd, and the number of experts is not less than 2/3 of the members.
The bid evaluation committee shall be evaluated in groups, and the number of experts in each group shall be no less than 2/3 of the members.
The nineteenth Provincial People's government development and reform departments have taken the lead in establishing the provincial comprehensive evaluation expert library.
The experts of the bid evaluation committee shall be selected from the provincial comprehensive evaluation expert evaluation repository.
When the number of experts extracted from the expert evaluation repository of the provincial comprehensive evaluation and evaluation expert system fails to meet the needs of bid evaluation, the vacant expert shall supplement and confirm the other experts from other established bidding evaluation experts.
The selection of bid evaluation experts for projects directly managed by relevant state departments shall be carried out in accordance with the relevant provisions of the state.
The twentieth tenderer shall not take the bidder to participate in the bid opening as a condition for vetoing the bid or winning the bid.
The twenty-first bid evaluation methods include the evaluated lowest bid price method, comprehensive evaluation method, or other bid evaluation methods permitted by laws and administrative regulations.
If the lowest tender price method is evaluated, the necessary bid price adjustment method shall be put forward, and the tender offer shall not be taken as a single determining factor. The tenderee shall be encouraged to implement the bid evaluation of various factors such as technology, quality, service, credit, brand and price.
It is forbidden to take prequalification, bid evaluation, or determine the winning bidder by random drawing, Yaohao and so on.
After twenty-second successful tenderers who have to engage in tendering according to law, the tenderee shall issue the winning bid notice to the winning bidder within seven days from the date of the confirmation of the winning bidder, and notify the other tenderers of the winning bid.
The twenty-third tenderee shall, within thirty days from the date of issuance of the winning notice, enter into a written contract with the winning bidder in accordance with the tender documents and the bid documents of the winning bidder.
The terms and conditions of the contract, the quality, the time limit for performance and the price, unit price and proportion clause of the contract shall be consistent with the contents of the tender documents and the bid documents of the winning bidder.
If twenty-fourth tenderers fail to win the bid without proper reasons or cancel the bid documents after the tender deadline, the tenderee may prohibit the Bidder from bidding again.
Twenty-fifth no unit or individual may illegally collect fees from potential bidder, bidder or winning bidder.
If the tenderer requests the bidder to submit the bid bond in the tender documents, the bid security deposit shall be charged by the tenderee.
The tender security deposit can be submitted by way of cash, check, money order, letter of credit, letter of guarantee, insurance, etc.
The tenderee shall, within five days from the date of the issuance of the winning notice, return the bid bond and the interest of the same period of the bank to the bidder other than the winning candidate, and within five days from the date of the conclusion of the written contract, he will return the bid bond and the interest of the bank interest in the same period to the winning bidder and other candidate candidates. Where a law or administrative regulation stipulates that no refund or refund of bid bond is allowed, the provisions thereof shall be stipulated.
The third chapter is credit supervision.
Twenty-sixth article The people's governments at all levels and the relevant administrative supervision departments shall incorporate the bidding market into the unified social credit system of the whole province, and strengthen the credit supervision of the tenderers, bidders, tendering agencies, their employees, evaluation experts, etc., and limit the participation of the dishonest participants in the bidding activities according to law. The law prohibits market entry.
The relevant administrative supervision departments shall, according to law, announce the administrative decisions and criminal judgments of the parties involved in the illegal activities such as tenderers, bidders, tendering agencies, their employees, evaluation experts, etc., and share them with the public credit information platform of the whole province, and the relevant departments shall implement joint disciplinary punishment according to law.
The relevant administrative supervision departments shall strengthen the supervision and inspection of the tenderee and the winning bidder in performing the contract, and strengthen the application of the credit information, the contract performance information and the illegal behavior record in the implementation of the administrative supervision and management.
The twenty-seventh tender information and tenders and tenderers, tenderers, tendering agencies and their employees, tender evaluation committee members of the tender information, except in accordance with the provisions of laws and regulations need to be confidential, it should be made public in a timely manner.
The bidding information referred to in the preceding paragraph includes information on examination and approval of tenders, approval documents, prequalification notices, tender announcements, invitation to bid, prequalification documents, tender documents, prequalification application documents, tender documents, qualification examination reports, bid evaluation reports, winning candidates' publicity, winning results and so on.
The twenty-eighth credit bureaus may collect, collate, process, analyze and provide credit evaluation services in accordance with the provisions of laws and administrative regulations.
The twenty-ninth is to encourage tenderers to apply public information such as credit information and credit evaluation results in tendering and bidding activities.
The application of credit information and credit evaluation results shall be regarded as the basis of qualification examination, bid evaluation and basis of bid for the bidder according to law, and shall be specified in the prequalification documents and bidding documents.
The fourth chapter is legal liability.
Article thirtieth if any unit or individual has one of the following acts, it shall be ordered by the relevant authorities to make corrections. The person in charge directly responsible for the unit, other directly responsible personnel and individuals shall be punished according to law.
(1) in violation of the provisions of the third and second paragraphs of the present law, the project shall be compulsive not tendered according to law.
(two) in violation of the provisions of the second paragraph of article sixth of the present measures, the tenderee shall be appointed to the tender and tender trading platform, or be restricted or discriminated against by the subjects of the tendering and bidding platform, the locates, the industry and the ownership.
(three) illegally interfere in tendering and bidding activities in other ways.
If the thirty-first tenderers do not have the conditions stipulated in the eleventh provision of the present measures, the relevant administrative supervision departments shall order them to make corrections, and they may be fined not less than ten thousand yuan but not more than thirty thousand yuan.
Thirty-second tenderers who violate the provisions of the twenty-first and third paragraphs of the present Measures and adopt random methods such as balloting or Yaohao to conduct prequalification, bid evaluation, or determine the winning bidder shall be ordered by the relevant administrative supervision departments to make corrections and may be punished by a penalty of less than ten thousand yuan or less than thirty thousand yuan.
The thirty-third article has one of the sixteenth and seventeenth items listed in the present law, and is recognized as a collusion between tenderers or tenderers or Colluding tenderers with the bidder according to law. The punishment shall be punished in accordance with the provisions of the sixty-seventh law of the People's Republic of China bidding law, including fifty-second, fifty-third, and the implementing regulations of the People's Republic of China tendering and bidding law.
Fifth chapter supplementary provisions
The thirty-fourth measures shall come into force on March 1, 2019.