(Adopted at the 7th meeting of the Standing Committee of the 10th Jiangsu Provincial People's Congress on December 19, 2003 and revised at the 34th meeting of the Standing Committee of the 13th Jiangsu Provincial People's Congress on January 12, 2023)

目录

Chapter I General provisions

Chapter II Bidding

Chapter III Bidding

Chapter IV Bid opening, bid evaluation and bid winning

Chapter V Supervision and administration

Chapter VI Legal liability

Chapter VII Supplementary Provisions

Chapter I General provisions

Article 1 For the purpose of regulating bidding and tendering activities，Protect the interests of the state, the public and the legitimate rights and interests of the parties involved in tendering and bidding activities，We will improve the effectiveness and efficiency of market allocation of resources，Promoting high-quality economic development，In accordance with the Tendering and Bidding Law of the People's Republic of China, the Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China and other laws and administrative regulations，Combine with the reality of the province，Enactment of these Regulations。

Article 2 These Regulations shall apply to tendering and bidding activities in the administrative areas of this province。

Article 3 Tendering and bidding activities shall follow the principles of openness, fairness, justice and good faith。

Article 4 The specific scope and scale standards of construction projects and other projects that are subject to tender according to law (hereinafter referred to as projects that are subject to tender according to law) shall be implemented in accordance with the relevant provisions of the State。

Projects that are subject to tender according to law shall not be circumvented by any unit or individual in any way。

Government procurement construction projects subject to tendering and bidding shall implement the State's government procurement policies on energy conservation, environmental protection, and promoting the development of small and medium-sized enterprises。

Article 5 The development and reform departments of the local people's governments at or above the county level shall be responsible for the guidance and coordination of the tendering and bidding work within their respective administrative areas, and take the lead in establishing a mechanism for the coordination of the tendering and bidding discussions。

The departments of industry and information technology, housing and urban and rural construction, transportation, water conservancy and commerce of the local people's governments at or above the county level (hereinafter referred to as the administrative supervision departments of bidding and tendering) shall, in accordance with their respective functions and duties, supervise and administer bidding and tendering activities, and investigate and punish illegal acts in bidding and tendering activities according to law。

Where the local people's government at or above the county level provides otherwise on the division of responsibilities for guidance, coordination, supervision and administration of tendering and bidding activities, such provisions shall be followed。

The financial departments of the local people's governments at or above the county level shall, in accordance with law, supervise the implementation of government procurement policies for government procurement construction projects subject to tender and tender。

Supervisory organs shall, in accordance with law, supervise objects of supervision related to tendering and bidding activities。

Article 6 This province shall establish a unified and standardized credit management system for the bidding market, and implement measures to encourage trustworthiness and restrain dishonesty according to law and regulations。

Article 7 This province promotes electronic tendering and bidding activities in the form of data messages and relying on electronic information networks, and promotes the transparency, standardization and intelligentization of transaction processes, public services and administrative supervision。In addition to the special circumstances involving national security, state secrets, technical conditions and other restrictions, projects that must be subject to tender according to law shall adopt electronic bidding。

All kinds of electronic bidding and bidding trading systems and related software and tools shall comply with the technical standards and specifications stipulated by the State, with security, confidentiality, reliability and convenient accessibility, to ensure that the recorded information is objective, complete and traceable。

Chapter II Bidding

Article 8 Bidding shall be divided into public bidding and invitation bidding。

Public bidding means that a tenderer invites an unspecified legal person, unincorporated organization or natural person to bid by way of a tender announcement。

Invitation to bid means that a tenderer invites a specific legal person, unincorporated organization or natural person to bid by way of an invitation to bid。

Article 9 Where a project is subject to tender in accordance with the relevant provisions of the State and needs to go through the procedures of project approval and approval, the scope, method and organizational form of tender shall be submitted to the project approval and approval department for examination and approval。The project examination and approval department shall timely inform the relevant bidding administrative supervision department of the scope, method and organization of the bidding determined by the examination and approval。

Where the survey, design, supervision and other services in the preceding paragraph need to be submitted to tender in advance, the items subject to tender may be submitted to the project examination and approval department for separate examination and approval before the project is submitted for examination and approval。The project examination and approval department shall complete the examination and approval within 15 working days;If a decision cannot be made within 15 working days, it may be extended by 15 working days upon approval by the head of the examining and approving department, and the applicant shall be informed in writing of the reasons for the extension。

Article 10 Projects that are subject to tender according to law and in which state-owned funds hold a controlling or dominant position shall be subject to public bidding;However, under any of the following circumstances, a tender may be invited after being determined according to law:

(a) technical complexity, special requirements or limited by the natural environment, only a small number of potential bidders to choose from;

(2) The cost of public bidding accounts for too large a proportion of the project investment;

(3) Other circumstances prescribed by laws, administrative regulations or the State。

Article 11 A project subject to tender according to law may not be subject to tender under any of the following circumstances:

(1) Involving state security and state secrets;

(2) Emergency situations such as rescue and disaster relief, epidemic prevention and control;

(3) It is necessary to adopt irreplaceable patents or proprietary technology;

(4) the purchaser is able to construct, produce or provide it on its own according to law;

(5) The investor of the franchise project, which has been selected through bidding, can construct, produce or provide it by himself according to law;

(6) It is necessary to purchase the project, goods or services from the original winning bidder, otherwise the construction or functional supporting requirements will be affected;

(7) Other special circumstances prescribed by the State。

The purchasers and investors mentioned in the preceding paragraph can construct, produce or provide by themselves according to law, excluding their related parent companies, subsidiaries, and other civil subjects with which they have management or interest。

Article 12 Where tendering is to be invited in accordance with the provisions of Article 10 of these Regulations, and tendering is not to be conducted in accordance with the provisions of Article 11 of these Regulations, unless it involves state secrets or commercial secrets, the purchaser shall publicize the specific reasons and legal and regulatory basis through the provincial tendering and bidding public service platform before implementing the procurement。

Article 13 A tenderer of a project subject to tender according to law shall establish and improve internal control systems such as legal and compliance review, expert consultation, collective decision-making, etc., and clarify work procedures and post responsibilities;Before organizing the bidding, the main person in charge and relevant person in charge shall be determined according to the principle of power and responsibility matching。

Article 14 A bid inviter may, in accordance with law, invite bids for all or part of the survey, design, construction and procurement of goods of a construction project for general contracting。

According to the characteristics of the project and the provisions of the State, the tenderer may conduct the general contract bidding after the completion of the feasibility study, scheme design or preliminary design of the project and the conditions for bidding are met。

Article 15 A tenderer may, in accordance with the law, conduct centralized bidding for repetitive procurement projects within a certain period of time or similar procurement projects of different implementing entities, and determine multiple lists of successful bidders。

The list of multiple successful bidders determined after bidding shall be determined according to the attributes of the project, and the effective period shall not exceed two years。If the State provides otherwise on the period of validity, such provision shall prevail。

Article 16 A bid inviter shall have the right to independently choose a bidding agency and entrust it to handle bidding matters。No unit or individual may appoint an agency for it in any way, nor may it illegally limit the method or scope of the tenderee's selection of a tender agency。

If a bid inviter has the ability to plan bid invitation schemes, prepare bid invitation documents, organize qualification examination, organize bid opening, bid evaluation and handle objections, it may handle bid invitation matters on its own。For a project subject to tender according to law, where the tenderer handles the tender matters on his own, he shall have technical, economic and other professional personnel appropriate to the scale and complexity of the project subject to tender, a special tendering agency or three or more persons who are familiar with and have mastered the laws and regulations governing tender and bidding and have the ability to tender。

Article 17 A bid invitation agency shall have the corresponding professional ability to plan bid invitation schemes, prepare bid invitation documents, organize qualification examination, organize bid opening and evaluation, and assist a bid inviter in handling objections。

The bidding agency shall not have a subordinate relationship or other interest relationship with the state organ and the operation service institution of the public resource trading platform。

Article 18 Encourage bidding agencies to take the initiative to provide information about institutions, employees and business development to the provincial tendering and bidding public service platform。The bidding agency shall make a commitment to the authenticity of the information。

The information provided by the bidding agency shall be disclosed to the public by the provincial tendering and bidding public service platform for the reference of the tenderee when selecting the bidding agency。

Where the bidding agency is subject to administrative punishment for providing false information, the provincial tendering and bidding public service platform shall be open to the public。

Article 19 A tenderer and a bidding agency shall clearly agree on agency fees。The agency fees charged by the bidding agency shall be paid by the bid inviter;Where it is agreed that the winning bidder shall pay the agency fee on behalf of the bidder, the payment standard and time shall be clearly stated in the bidding documents。A bidding agency shall not charge any fees other than those stipulated in the agency contract。

Bidding agencies shall operate in good faith and self-discipline in accordance with laws and regulations, and shall not engage in the following acts:

(1) participating in market competition at abnormally low prices that may affect the quality of services;

(2) To provide bidding consulting services for the same bidding project;

(3) Accepting illegal entrustment contents and requirements of the tenderer;

(4) organizing or participating in fraud;

(5) divulging information and information related to bidding activities that should be kept confidential;

(6) Other acts that harm the national interests, public interests and the legitimate rights and interests of the tenderer and bidder。

Article 20 The tendering and bidding association is encouraged to improve the standards and norms of tendering agency services, strengthen the training of tendering agency practitioners, carry out credit evaluation of tendering agencies and professional and technical ability evaluation of practitioners in accordance with the law, and promote the improvement of tendering agency service capabilities。

Encourage the bidding and tendering association to publish the cost information of bidding agency services or issue guidance on fees, and guide the bidding agency to charge reasonable fees。

Article 21 Construction projects that must be subject to bidding according to law shall be included in the public resources trading platform for bidding。The public resources trading electronic service system established by the public resources trading platform shall be open to docking with the electronic bidding and bidding trading system legally constructed by various subjects。

Places that have the conditions for bid opening and evaluation and can meet the requirements of confidentiality and supervision and management of various types of subject construction can be used by the management department of the public resource trading platform through the purchase of services and other ways。

The public service platform for tendering and bidding and the electronic service system for trading of public resources shall provide public services, and the electronic bidding and bidding trading system and trading tools invested by the government shall provide trading services, and no fees shall be charged or charged in disguised form。

Article 22 Where a tenderee adopts the method of public bidding, it shall publish a pre-qualification announcement and a bidding announcement in accordance with the provisions。The tenderer shall be responsible for the legality, authenticity and accuracy of the content of the announcement。

The announcement of the prequalification and the announcement of the tender of the project that must be subject to tender according to law shall be published on the national or provincial public service platform for tendering and bidding。Where the tenderee modifies the prequalification documents and bidding documents, it shall publish and inform the modified contents through the original channels。

The provincial public service platform for tendering and bidding and the provincial public resource trading platform shall establish an announcement information sharing and interaction mechanism to achieve synchronous release。

Article 23 A bid inviter may, according to the characteristics of a project to be tendered, choose to conduct pre-qualification examination or post-qualification examination to examine the qualifications of potential bidders or bidders。If the State has provisions on the qualification conditions or examination methods of bidders, such provisions shall prevail。

The qualification examination shall be based on the contents contained in the pre-qualification documents or the bidding documents, and shall not discriminate against potential bidders and bidders。

It is prohibited to conduct pre-qualification by random means such as drawing lots or lottery, or restrict the number of bidders after pre-qualification。

Article 24 The tenderer shall promptly issue a notice of qualification to the applicant who has passed the prequalification, inform the time, place and method of obtaining the bidding documents, and at the same time inform the applicant who has not passed the prequalification in writing of the result of the prequalification。

Article 25 The tenderee shall be encouraged to clarify the bidding requirements, optimize the bidding scheme and improve the quality of the preparation of bidding documents through market research, expert consultation and demonstration。

For projects involving public interests, high social concern, technical complexity and strong professionalism, tenderers are encouraged to solicit opinions from the public or experts in the industry on the bidding documents。

Article 26 The bidding documents shall contain the following contents completely, clearly and accurately:

(1) Name and address of the tenderer;

(2) the name of the project, the place of implementation, the source of funds, the number and scale of the project and the main technical and quality requirements;

(3) the time limit for the completion of the project or the time of delivery and provision of services;

(4) Requirements on the bidder's qualifications and bid documents and the validity period of the bid;

(5) The method, place and deadline for submission of tender documents;

(6) Requirements for tender offers;

(7) the basis, standard and method of bid evaluation, the method of bid selection and all factors for rejecting bids;

(8) the main terms of the contract to be concluded;

(9) Requirements of relevant bidding materials and technical documents such as drawings and format appendices;

(10) Other matters that need to be specified。

For projects that are subject to tender according to law, the tenderer shall include in the tender documents the clause of rejection of the bid。No clause of rejection of a bid that is not centrally stated shall be used as the basis for rejection of a bid。

Article 27 The bidding documents shall clearly specify all bid evaluation factors, and those that can be quantified shall be quantified。

The bidder's qualification conditions specified in the bidding documents shall meet the relevant provisions of the State, and the technical indicators shall meet the mandatory standards of the State。

If a bidding project needs to be divided into bid sections and determine the construction period, the bid inviter shall reasonably divide the bid sections and determine the construction period, and specify it in the bidding documents。

Article 28 A tenderer shall specify in the bidding documents the form of guarantee, amount or proportion, time of receipt and return, etc。

The tenderer shall also accept cash deposit and bank guarantee and other non-cash transaction guarantee methods。The tenderee is encouraged to accept the guarantee letter of the guarantee institution, the insurance policy of the insurance institution and other non-cash transaction guarantee methods。Encourage the use of electronic guarantees。The bid inviter shall be encouraged to waive or reduce the bid security for bidders with high credit evaluation rating。

Article 29 The sale time of bidding documents and prequalification documents shall not be less than five days。

For projects subject to tender according to law, the shortest period of time from the date of issuance of the tender documents to the deadline for submission of the tender documents shall be implemented in accordance with the relevant provisions of the State and the province。

Article 30 The sale of paper bid invitation documents and pre-qualification documents by a tenderee shall be limited to compensating the costs incurred in printing and mailing, and shall not be for the purpose of making profits;No fees shall be charged for the provision of electronic bidding documents and pre-qualification documents。

Article 31 A bid inviter may, according to the specific circumstances of the project, organize potential bidders to survey the project site or hold a bid reserve meeting, but shall give all potential bidders equal opportunities to participate, and potential bidders shall independently decide whether to participate。

Article 32 Where a project design tender is conducted according to law, the tenderer shall specify in the announcement of tender or invitation to bid whether economic compensation shall be given to the bidder of the design project who fails to win the bid, and the compensation standard shall be specified if economic compensation is given。

Where a bid inviter or winning bidder adopts the technical scheme in the bid documents of the unsuccessful bidder, it shall obtain the written consent of the unsuccessful bidder。

Article 33 A tenderer may, according to the characteristics of a project, conduct a tender without a tender base。Where the bid price is prepared, the process of preparing the bid price and the bid price must be kept confidential。

The unit preparing the tender base shall not participate in the bidding of the project or provide services such as tender preparation and cost consultation for the bidders of the project。

Where a bid inviter has a maximum bid limit price, it shall specify the maximum bid limit price or the calculation method of the maximum bid limit price in the bidding documents。A tenderer may not set a minimum bid price limit。

Article 34 The contents of prequalification documents and bidding documents violate the mandatory provisions of laws and administrative regulations，Violate the principles of openness, fairness, justice and good faith，Affecting the result of prequalification examination or the bidding of potential bidders，A tenderer of a project subject to tender according to law shall re-bid after amending the prequalification documents or the bidding documents。

Article 35 If a project subject to tender according to law has one of the following circumstances, the tenderer shall analyze the reasons and take improvement measures before tendering again according to law:

(1) less than three applicants have passed the pre-qualification examination;

(2) Less than three bidders have submitted their bid documents at the expiration of the bid deadline;

(3) All bids do not meet the requirements of the bidding documents and are rejected by the bid evaluation committee;

(4) If there are less than three valid bids, the bid evaluation Committee considers that they are uncompetitive and decides to reject all the bids。

Where there are still less than three bidders for re-bidding under the circumstances mentioned in the preceding paragraph, it belongs to a construction project that must be examined and approved, and may no longer be submitted to the tender after being examined and approved by the original examination and approval department;For other construction projects, the bid inviter may decide on its own not to conduct bidding。If the State provides otherwise, such provisions shall prevail。

Article 36 A tenderer shall properly keep the archives of a bid invitation project in accordance with laws, regulations and relevant provisions of the State，Including project approval, approval or record documents, pre-qualification announcement, pre-qualification documents, bidding announcement, bidding documents, bid evaluation report, notice of winning the bid, bid documents of the successful bidder, opposition complaints, contracts and other related materials。

The operating institution of the electronic bidding and bidding trading system shall keep the electronic files generated by the interaction in the transaction, and provide convenience for the tenderee to inquire and obtain the bidding project files。Electronic files that meet the requirements of archives management have the same effect as paper files。The archives of projects subject to tender by law shall be kept for no less than 15 years。

No unit or individual may forge, conceal or destroy the bidding project archives。

Chapter III Bidding

Article 37 A bidder shall prepare bid documents in accordance with the requirements of the bidding documents。The tender documents shall respond to the substantive requirements and conditions set forth in the tender documents。

The bidder shall provide the materials in accordance with the requirements of the pre-qualification documents and bidding documents, and be responsible for the authenticity and accuracy of the materials provided。

Article 38 The bidder shall enjoy the following rights:

(1) Independently prepare bidding documents in accordance with the requirements and conditions of the bidding documents;

(2) The contents of the tender documents whose meanings are not clear may be inquired of the tenderer;

(3) Before the deadline for submission of bid documents required by the bidding documents, the submitted bid documents may be supplemented, modified or withdrawn;

(4) raise objections to the bid inviter in accordance with law, and complain to the relevant administrative supervision department of bidding and tendering;

(5) Other rights enjoyed according to law。

Article 39 Any legal person, unincorporated organization or natural person who has an interest with the tenderer and may affect the impartiality of the tender shall not participate in the tender。

The person in charge of the unit is the same person or different units with holding and management relations shall not participate in the bidding of the same tender section or the same tender project without dividing the tender section。

Article 40 Bidders shall abide by relevant laws and regulations and industry standards and norms, participate in bidding in good faith according to law, consciously maintain the order of fair competition, and shall not engage in the following acts:

(1) bidding in the name of another person, or bidding through assignment, lease, or affiliated qualification;

(2) forging or altering qualifications, qualification certificates or other licenses, providing false performance, awards, project leaders and other materials, or resorting to any other means of fraudulent bidding;

(3) colluding with the bid inviter, bidding agency or other bidders in bidding;

(4) Having private contacts with members of the bid evaluation committee, or seeking to win the bid by improper means such as providing property or other benefits to the tenderer, bidding agency, public resource trading platform operating service agency, member of the bid evaluation committee, or personnel of the administrative supervision department;

(5) bidding at abnormally low prices that may affect the performance of the contract;

(6) maliciously raising objections, complaints or reports, interfering with normal tendering and bidding activities;

(7) Other acts prohibited by laws and regulations。

Article 41 Bidders shall be deemed to have colluded in bidding under any of the following circumstances:

(1) Circumstances deemed to be collusion in bidding as provided for by laws and administrative regulations;

(2) The electronic bidding documents of different bidders shall be compiled, packaged, encrypted or uploaded by the same electronic equipment;

(3) The bidding documents of different bidders shall be printed and duplicated by the electronic equipment of the same bidder;

(4) The bids of different bidders are made with the same budget preparation software password lock or electronic documents from the same bidder;

(5) Different bidders download and upload bidding documents from the Internet protocol address of the same bidding unit or the same natural person;

(6) Although the bid security of different bidders is transferred from their own basic accounts, the required funds come from the account of the same unit or individual;

(7) The personnel participating in the bidding activities shall be the in-service personnel of other bidders of the same tender section or the same tender project without divided tender section。

Article 42 A bidder may, within the scope stipulated in the bidding documents, choose the transaction guarantee method on his own, and the bid inviter and the bidding agency may not exclude, restrict or refuse。

No unit or individual shall designate a bank, guarantee institution or insurance institution that issues a guarantee letter or insurance policy for the bidder。

Article 43 Where a bid is submitted in the form of a consortium, all parties to the consortium shall sign a joint bid agreement and submit it together with the application documents for prequalification and the bid documents to the tenderee。

Each party to the consortium shall have the ability to undertake the corresponding professional work of the tender project as agreed in the joint bidding agreement。If the state or the bidding documents stipulate the qualification conditions for bidders, the parties to the consortium shall have the corresponding qualification conditions;If the joint bidding agreement stipulates that members of the consortium undertake the same professional work, the qualification level shall be determined according to the member with the lowest qualification level。

Where a bid is submitted in the form of a consortium, the parties to the consortium may not, in their own name or participate in another consortium, bid in the same tender section or bid in the same tender project with no bid section divided。

Chapter IV Bid opening, bid evaluation and bid winning

Article 44 The bid opening process shall be recorded and filed for future reference。Bid opening records shall include the following:

(1) Name of the bidding project;

(2) Time and place of bid opening;

(3) Units and personnel participating in the bid opening;

(4) Sealing of bid documents and declassification of electronic bid documents;

(5) the name of the bidder and the bid price;

(6) Payment of bid security;

(7) the bid price of a tender project with a bid price or the method for calculating the bid price;

(8) The maximum bid limit price or the calculation method of the maximum bid limit price for a bidding project with a maximum bid limit price;

(9) Other matters that shall be recorded as stipulated by the State and the province。

Article 45 The bid evaluation committee set up by the tenderee according to law shall be responsible for the bid evaluation。For projects subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderer and experts in related technical, economic and other fields. The number of members shall be an odd number of five or more, of which the experts in technical, economic and other fields shall not be less than two-thirds of the total number of members。

A tenderer shall select or entrust a person with a strong sense of responsibility, familiar with the business and fair and honest to participate in the bid evaluation on behalf of the tenderer。The representative of the tenderer may be a professional of the unit or an external professional。The representative of the tenderer shall abide by the principle of avoidance of conflict of interest。

The experts in the bid evaluation committee shall have the following conditions:

(1) have been working in the relevant field for at least eight years, and have a senior title or equivalent professional level;

(2) Familiar with laws and regulations related to bidding and tendering;

(3) Good health and able to undertake bid evaluation work;

(4) Other conditions stipulated by laws, regulations and the State。

Article 46 The provincial people's government shall establish a unified comprehensive bid evaluation expert database across industries and regions in the province to realize the sharing of bid evaluation expert resources。

The construction and management unit of the expert database shall strengthen the management of the expert database of bid evaluation and the expert of bid evaluation, and establish and improve the training, assessment and dynamic adjustment mechanism of the expert of bid evaluation。Experts who refuse to participate in training, assessment or fail to pass the assessment or violate other management requirements，The construction management unit of the expert database may suspend its participation in bid evaluation activities or remove the expert database of bid evaluation;Experts who have been subjected to administrative or criminal penalties for illegal acts in bidding, bid evaluation and other activities related to bidding and tendering，The administrative supervision department of bidding and tendering and the judicial organ shall transfer the relevant information to the expert database construction management unit in a timely manner，The construction and management unit of the expert database shall remove it from the bid evaluation expert database。

Article 47 Projects subject to tender according to law，Bid evaluation experts shall be determined from the national bid evaluation expert database, provincial comprehensive bid evaluation expert database or the expert database of the bidding agency that meets the requirements of the state，The method of random selection is generally adopted.Random selection is difficult to ensure the number of experts or the quality of bid evaluation，It can be determined directly by the tenderer，Approval by the administrative supervision department of bidding and tendering is required in accordance with state regulations，It shall be reported for consent。

Article 48 Members of the bid evaluation committee shall perform their duties objectively, impartially, incorruptly and diligently, strictly abide by the bid evaluation discipline, improve the quality of bid evaluation, and assume personal responsibility for the conduct and conclusions of the evaluation。

The members of the bid evaluation committee shall independently make evaluation comments on the bid documents without interference from any unit or individual。

Members of the bid evaluation committee shall not engage in the following acts during the bid evaluation activities:

(1) Having private contact with any bidder or any person who has an interest in the bidding result;

(2) accepting money or other benefits from bidders, intermediaries and other interested parties;

(3) consult the tenderer about its intention to determine the winning bidder;

(D) accept any unit or individual express or implied preference or exclusion of a specific bidder's requirements;

(5) Express or imply a tendentious or inductive review opinion, interfering with the bid evaluation of other members of the bid evaluation committee;

(6) refusing or delaying to participate in the bid evaluation work or absent from the bid evaluation activities without justifiable reasons;

(7) Disclose the identity information of the members of the bid evaluation committee and the bid evaluation projects they participated in;

(8) Forming or joining network communication groups that may affect fair bid evaluation;

(9) Other acts prohibited by laws and regulations。

Article 49 Members of the bid evaluation committee shall be withdrawn under any of the following circumstances:

(1) The bidder or the close relatives of the main person in charge of the bidder;

(2) staff members of the project department or administrative supervision department;

(3) persons who have economic interests with the bidder and may affect the fair evaluation;

(4) Other circumstances in which the bidder has an interest。

Article 50 The bid evaluation committee shall evaluate bids in accordance with the following requirements and procedures:

(1) Be familiar with the requirements and provisions of the bidding documents;

(2) Systematically compare and evaluate the bid documents according to the bid evaluation standards and methods stipulated in the bid invitation documents;

(3) Contents in the tender documents with unclear meanings, inconsistent expressions of similar issues, and obvious errors in writing or calculation，The bidder is required to make necessary written clarifications, explanations or corrections，However, clarifications, explanations or supplements exceed the scope of the bid documents or change the substantive content of the bid documents，It shall not be adopted;

(4) The bidder may be required to provide written explanation and relevant supporting materials for the abnormally low price that may affect the performance of the contract, and the bidder may be required to provide written explanation and relevant supporting materials for the price that is significantly lower than other tender offers or the bottom price;

(5) Review whether the tender documents respond to all substantive requirements and conditions set forth in the tender documents, and itemize all tender deviations in each tender document;

(6) For the bidding documents that meet the substantive requirements of the bidding documents but have omissions in individual contents or slight deviations in the technical information and data provided, the bidder shall be required in writing to provide written clarification materials;

(7) Where there is a dispute over matters that need to be jointly identified, a conclusion shall be reached in accordance with the opinions of the majority of members, and all different opinions shall be recorded in detail in the bid evaluation report;

(8) Recommend the successful candidate according to the bid evaluation;

(9) Submit a written bid evaluation report to the bid inviter;

(10) Other requirements and procedures prescribed by laws and regulations。

Where there are less than three valid bids, the bid evaluation committee shall evaluate whether the valid bids are still competitive。If the bid evaluation committee unanimously considers that the valid bid is still competitive, it shall continue to recommend the successful candidate;If the bid evaluation committee cannot reach a consensus on whether a valid bid is still competitive, it shall reject all the bids。The bid evaluation committee shall record the evaluation process and results in the bid evaluation report。

If there is any ambiguity or major defect in the bidding documents, the bid evaluation committee shall stop the bid evaluation, communicate with the bid inviter and make a written record。After confirmation, the tenderer shall revise the bidding documents and bid again。

Article 51 Projects subject to tender according to law shall adopt the comprehensive evaluation method, the minimum bid price method after evaluation or other bid evaluation methods prescribed by laws, administrative regulations and The State Council。

Complex technical requirements of construction, goods procurement projects and service procurement projects, generally can use the comprehensive evaluation method。For those who can meet the comprehensive evaluation criteria stipulated in the bidding documents, the winning candidate shall be recommended in the order of comprehensive scores from high to low。

For general engineering construction and goods procurement projects with general technology and performance standards or for which the tenderer has no special requirements on its technology and performance, the minimum bid price method after evaluation may generally be adopted。For those who can meet the substantive requirements of the bidding documents after evaluation, the successful candidates shall be recommended in the order from lowest to highest according to the evaluated bid prices。

Article 52 Bid evaluation standards and methods not specified in the bidding documents shall not be used as the basis for bid evaluation。

Where a bid inviter has a bid price base, the bid price base shall be used as a reference in the bid evaluation, but it shall not be used as a condition for winning the bid, nor shall the bid price exceed the floating range of the bid price as a condition for rejecting the bid。

Article 53 The bid evaluation report shall truthfully record the following contents:

(1) Basic information and data tables;

(2) List of members of the bid evaluation committee;

(3) bid opening records;

(4) a list of bids that meet the requirements;

(5) Description of the rejection of the bid;

(6) List of bid evaluation criteria, bid evaluation methods or bid evaluation factors;

(7) a list of prices or bid evaluation factors after evaluation;

(8) Summary of review results;

(9) the list of recommended candidates for the bid and the matters to be handled before signing the contract;

(10) A summary of clarifying, explaining and supplementing matters。

If the bid evaluation committee decides to reject all bids, the reasons shall be stated in the bid evaluation report。

Article 54 A bid inviter, members of the bid evaluation committee and personnel related to bid evaluation activities shall not divulge or infringe on the technical secrets and business secrets of bidders, and shall not divulge the comparison and evaluation of bid documents, the recommendation of successful candidates and other information related to bid evaluation。

Article 55 A tenderer shall review the written bid evaluation report submitted by the bid evaluation committee before the publicity of the successful candidate, and shall promptly report to the relevant administrative supervision department of bidding and tendering if it finds any illegal act。

For a project subject to tender according to law, the bid inviter shall, within three days from the date of receipt of the bid evaluation report, publicize the successful candidate and determine the successful bidder within 15 days。If the State provides otherwise on the time limit, such provision shall prevail。

If a bidder or any other interested party has any objection to the evaluation result of a project subject to tender according to law, it shall raise it during the publicity period for the successful candidate。The tenderer shall make a reply within three days from the date of receipt of the objection。The time required for handling an objection shall not be counted within the time limit specified in the preceding paragraph。

Article 56 After the period of publicity of the successful candidate has no objection, the tenderer shall issue a notice of winning the bid to the successful bidder, and notify all bidders who have not won the bid in writing of the winning result。

The tenderer and the winning bidder shall, within the time limit prescribed by the State, conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder。

The winning bidder shall not transfer the winning bid to another person, shall not transfer the winning bid to another person after splitting the winning bid, and shall not subcontract the winning bid in violation of laws and regulations。

Article 57 Where there is a bid security, the bid inviter shall return the bid security and the interest on the bank deposit to the winning bidder and the unsuccessful bidder at the latest within five days after the signing of the contract。Where economic compensation is promised to the bidder who fails to win the bid in the tender announcement or invitation to bid, it shall be paid together within this time limit。

Article 58 For a project subject to tender according to law, the tenderer shall, within 15 days from the date of selection of the successful tenderer, submit a written report with the bid evaluation report and the result of winning the bid to the relevant administrative supervision department in accordance with the relevant provisions。

Article 59 If the winning bidder cannot be determined within the bid validity period stipulated in the bidding documents due to force majeure, objections, complaints and other special circumstances, the bid inviter shall promptly notify all bidders in writing to extend the bid validity period。

Article 60 If a bidder commits any of the following acts and causes the tenderer to re-bid, the tenderer may refuse to participate in the bid when re-bidding:

(1) After passing the pre-qualification examination, the bidder fails to obtain the bidding documents without justifiable reasons or abandons the bidding after obtaining the bidding documents;

(2) Withdrawal of tender documents after the deadline for bidding;

(3) give up the bid;

(4) colluding in bidding;

(5) There is fraud;

(6) participating in the tender at an abnormally low price that may affect the performance of the contract;

(7) Other acts in violation of laws and regulations。

If a legal person, unincorporated organization or natural person is judged to have breached the contract with the tenderer within three years, resulting in heavy losses to the tenderer or is listed in the list of seriously untrustworthy subjects, the tenderer of a project that must be subject to tender according to law may refuse to participate in the bid。

Chapter V Supervision and administration

Article 61 The administrative supervision departments of bidding and bidding shall, in accordance with their respective duties, strengthen the supervision and inspection of bidding and bidding activities, use big data, blockchain, artificial intelligence and other technical means to strengthen the monitoring and analysis of trading activities, and improve the regulatory capacity and level。

The public resources trading platform, the public service platform for bidding and tendering, and all kinds of electronic bidding and tendering trading systems shall provide technical, data and online supervision support for the supervision and inspection work of the bidding and tendering administrative supervision department。

Article 62 The bidding systems and rules concerning the rights and obligations of legal persons, unincorporated organizations or natural persons shall be formulated in the form of local regulations, government rules or administrative normative documents。Without the basis of laws, administrative regulations and local regulations, government rules and administrative normative documents shall not establish norms that derogate from the rights of citizens, unincorporated organizations or natural persons or increase their obligations。

The people's government of a city divided into districts shall formulate government rules and administrative normative documents relating to bidding and tendering, and the relevant departments of a province or city divided into districts shall, when they formulate administrative normative documents relating to bidding and tendering, copy them to the provincial development and reform department simultaneously。

Article 63 The provincial industrial and field credit management department, together with the provincial social credit comprehensive management department, may, in accordance with the law, formulate the province's unified bidding and bidding credit evaluation standards。Credit evaluation standards shall not violate the principle of fair competition and the requirements for building a unified national large market。Relevant departments, trade associations, credit service agencies, etc. shall carry out credit evaluation in accordance with the unified credit evaluation standards in accordance with the law。

The credit evaluation report issued in accordance with the provisions of the preceding paragraph shall be used throughout the province in the tendering and bidding activities in the relevant industries and shall not be required to be issued repeatedly without legitimate reasons。

Article 64 The administrative supervision department of bidding and tendering shall strengthen the credit management of bidding and tendering, publicize the credit information according to law, and synchronously push it to the provincial public service platform for bidding and tendering, the provincial public resource trading platform and the provincial public credit information system。

Article 65 The administrative supervision department of bidding and tendering shall establish a complaint handling mechanism, accept complaints related to bidding and tendering activities in accordance with law, and investigate, verify and handle complaints。During the handling of complaints, if it is difficult to ensure fairness and justice without suspending the bidding and tendering activities, the administrative supervision department of bidding and tendering shall order the suspension, except that the suspension will cause major damage to the national interests and public interests。

Article 66 The administrative supervision department of bidding and tendering may refuse to accept a complaint under any of the following circumstances:

(a) the complainant is not a participant in the tendering and bidding activities, or has no interest in the complaint project;

(2) the complaint is not specific, and it is difficult to verify without providing effective clues;

(3) the complaint fails to be signed or sealed in accordance with the provisions, and fails to provide effective contact information;

(d) the matter of the complaint has been decided and the complainant has not provided new evidence;

(5) Exceeding the time limit for complaint;

(6) The complaint shall be opposed first, no objection has been raised, and the complaint has entered administrative reconsideration or administrative litigation procedures。

Article 67 In the process of handling a complaint, under any of the following circumstances, the administrative supervision department of bidding and tendering may reject it:

(1) After acceptance, it is found that the complaint does not meet the statutory acceptance conditions;

(2) the complaint lacks factual or legal basis;

(3) The complainant fabricates facts or forges supporting materials;

(d) the complainant obtained the supporting materials by illegal means, or there are obvious doubts about the legality of the source of the evidence, and the complainant cannot prove that the method of obtaining the evidence is lawful;

(5) Other circumstances that can be rejected by laws, regulations or state provisions。

Article 68 The administrative supervision department for bidding and tendering may exercise the following functions and powers when conducting supervision and inspection, handling complaints and investigating and dealing with illegal acts in bidding and tendering:

(1) On-site inspection of tenderers, bidders, bidding agencies, public resource trading platform operation service agencies, development, construction or operation agencies of electronic bidding and bidding trading systems;

(2) entering the place where the suspected illegal act occurred to investigate and collect evidence;

(3) to obtain, consult and copy documents and materials related to the bid invitation project;

(4) to inquire about the relevant units and personnel involved in bidding and tendering activities and verify the relevant information;

(5) other functions and powers prescribed by laws and regulations。

Tenderers, bidders, bidding agencies, public resources trading platform operation service agencies, electronic bidding and bidding trading system development and construction or operation agencies shall cooperate, truthfully provide the relevant information and information, may not refuse。

Article 69 When conducting supervision and inspection, handling complaints and investigating and dealing with illegal acts of bidding and tendering, the administrative supervision department of bidding and tendering may ask the former bid evaluation committee to review the explanation, organize experts to demonstrate, or organize a hearing for the professional or technical problems involved。

Article 70 The administrative supervision department of bidding and tendering and its staff shall not engage in the following acts:

(1) add items for examination and approval of tender and bid at will;

(2) illegally interfering with the autonomy of a tenderer in selecting a bidding agency according to law, preparing bidding documents, reviewing bidding qualifications, preparing the tender base, evaluating bids, determining the successful tenderer and signing contracts;

(3) Illegally setting market access conditions and illegally interfering with the normal production and business activities of market entities;

(4) Other acts prohibited by laws and regulations。

Article 71 The administrative department of the public resource trading platform shall strengthen the supervision and management of the comprehensive services provided by the operating service institutions of the public resource trading platform。

Public resource trading platform operation service institutions and their staff shall not have the following acts:

(1) exercising or acting on behalf of administrative supervision and management functions;

(2) Restricting the autonomy of trading entities;

(3) exclude or restrict the legal construction and operation of various types of electronic bidding and bidding trading systems;

(4) refusing to enter the public resources trading platform for bidding construction projects that are legally required to undergo bidding;

(5) Unauthorized disclosure of important and sensitive data or commercial use;

(6) collecting fees from market entities for violations of laws and regulations;

(7) Other acts prohibited by laws, regulations and state provisions。

The operation service institution of the public resources trading platform shall not have a subordinate relationship with the administrative supervision department of bidding and bidding, and shall not be for the purpose of making profits。

Chapter VI Legal liability

Article 72 Where laws and administrative regulations already provide for penalties for acts violating the provisions of these Regulations, such provisions shall prevail。

Article 73 Where a bidding agency, in violation of the provisions of the first paragraph of Article 18 of these Regulations, provides false information to the provincial public service platform for bidding and tendering, the development and reform department shall order it to make corrections and may impose a fine of not less than 20,000 yuan but not more than 100,000 yuan。

Article 74 Where a bidding agency, in violation of the provisions of item 3 and Item 4 of paragraph 2 of Article 19 of these Regulations, accepts illegal entrustment contents and requirements of a tenderer, or practices fraud in bidding activities, the administrative supervision department of bidding and tendering shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan。

Article 75 An operating institution of an electronic tendering and bidding trading system violates the provisions of paragraph 2 of Article 36 of these Regulations，No electronic files are kept，Electronic records are kept for less than 15 years，Or refuse to provide convenience for the tenderer to inquire and obtain the files，The administrative supervision department for bidding and tendering shall order it to make corrections，A fine of not less than 10,000 yuan but not more than 100,000 yuan may be imposed。

Article 76 The operation service institutions of public resource trading platforms and their staff violate the provisions of item 1, item 2, Item 4 and item 5 of the second paragraph of Article 71 of these Regulations，The administrative department of the public resources trading platform shall order the correction，To inform;serious，The persons directly in charge and other persons directly responsible shall be investigated for their responsibilities according to law。

Public resources trading platform operation service institutions and their staff violate the provisions of Article 71, paragraph 2, paragraph 3 of these regulations, by the relevant departments to order correction within a time limit;If the party refuses to make corrections, the persons directly in charge and other persons directly responsible shall be given sanctions according to law and notified。

Public resources trading platform operation service institutions and their staff violate the provisions of Article 71, paragraph 2, paragraph 6 of these regulations, by the market supervision and administration department together with the relevant departments to order correction within a time limit;Those who refuse to make corrections shall be punished in accordance with the relevant provisions of the Price Law of the People's Republic of China。

Article 77 The tenderer, the bidder, the bidding agency, the development, construction or operation institution of the electronic bidding and bidding trading system refuses to carry out supervision and inspection according to law，Or providing false information during supervision and inspection，The administrative supervision department for bidding and tendering shall order it to make corrections，Give a warning，A fine of not less than 100,000 yuan but not more than 200,000 yuan may be imposed。

Article 78 Where the administrative supervision department for bidding and tendering and its staff abuse their power, neglect their duties, practice favoritism and commit malpractices in the course of supervision and administration, the persons directly in charge and other persons directly responsible shall be punished according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

Chapter VII Supplementary Provisions

Article 79 In the case of government procurement of projects and goods and services related to project construction by tendering, the provisions of laws and regulations on tendering and bidding and these Regulations shall apply;Where the government procured goods and services unrelated to project construction by means of bidding, the provisions of laws and regulations on government procurement shall apply。

Article 80 Projects that are not subject to tender according to law，The procurement method shall be determined independently by the purchaser，No unit or individual may force it to conduct bidding;Where the purchaser procures by means of bidding，The bidding process could be simplified，However, it shall be stated in the bidding documents，And shall not violate the mandatory provisions of laws and administrative regulations，No harm shall be done to state interests, public interests or the legitimate rights and interests of others。

Article 81 Where the time period is calculated on the basis of days or working days as provided for in these Regulations, the starting date is not counted and the calculation starts from the next day。

If the last day of a period is a statutory holiday, the day following the end of the statutory holiday shall be the last day of the period。

Article 82 These Regulations shall come into force as of March 1, 2023。