Introduction of government procurement bidding law?

In order to standardize the procurement behavior of the parties involved in government procurement of construction units, strengthen the supervision and management of the bidding activities of government procurement of goods and services, and safeguard the public interests and the legitimate rights and interests of the parties involved in government procurement bidding activities, these measures are formulated in accordance with the People's Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Government Procurement Law) and other relevant laws and regulations.

First, the contents of the measures for the administration of bidding for government procurement of goods and services:

Article 11

The bidding and purchasing construction unit shall organize bidding and tendering activities for goods and services in accordance with the provisions of these Measures.

The purchaser may entrust a procurement agency to handle the bidding of goods and services according to law, or organize the bidding of goods and services by himself, but it must meet the conditions stipulated in Article 12 of these Measures.

Centralized procurement institutions independently carry out bidding activities for goods and services according to law. Other procurement agencies handle the bidding of goods and services according to the entrustment of the purchaser.

Article 12

If the purchaser meets the following conditions, he may organize the tender by himself:

(1) Having the ability to bear civil liability independently;

(2) Having the ability to prepare bidding documents and organize bidding, and having technical, economic and procurement management personnel suitable for the scale and complexity of procurement bidding projects;

(3) The procurement personnel have received government procurement training organized by the financial department of the people's government at or above the provincial level.

If the purchaser does not meet the requirements specified in the preceding paragraph, he must entrust a procurement agency to conduct bidding.

Article 13

Where the purchaser entrusts a procurement agency to conduct bidding, it shall sign an entrustment agreement with the procurement agency to determine the entrusted matters and stipulate the rights and obligations of both parties.

Article 14

Where public bidding is adopted for procurement, the bidding procurement unit must issue a tender announcement on the government procurement information release media designated by the financial department.

Article 15

In case of procurement by invitation to bid, the bidding procurement unit shall issue a pre-qualification announcement on the government procurement information media designated by the financial department of the people's government at or above the provincial level, and announce the qualifications of bidders. The pre-qualification announcement period shall not be less than 7 working days.

Bidders shall submit qualification documents in accordance with the requirements of the announcement three working days before the end of the pre-qualification announcement period. The bidding procurement unit randomly selects more than three bidders from qualified bidders and sends them an invitation to bid.

Article 16

Procurement by tender shall not be less than 20 days from the date of issuance of tender documents to the deadline for submission of bid documents by bidders.

Seventeenth public bidding announcement shall include the following main contents:

(a) the name, address and contact information of the bidding procurement unit;

(2) The name and quantity of the project subject to tender or the nature of the project subject to tender;

(3) Qualification requirements of bidders;

(four) the time, place and method of obtaining the tender documents and the selling price of the tender documents;

(five) the deadline for bidding, the time and place of bid opening.

Article 18 A bidding procurement unit shall prepare bidding documents according to the characteristics and requirements of the bidding project. The tender documents include the following contents:

(1) Invitation to bid;

(2) Instructions to Bidders (including requirements of sealing, signature and seal, etc. );

(3) Qualification and credit certification documents that the bidder should submit;

(4) Requirements for bid quotation, preparation of bid documents and payment method of bid bond;

(five) the technical specifications, requirements and quantity of the project subject to tender, including attachments and drawings;

(six) the main terms of the contract and the way of signing;

(7) Time of delivery and service provision;

(8) bid evaluation methods, bid evaluation criteria and clauses on the rejection of bids;

(nine) the deadline for bidding, the time and place of bid opening;

(ten) other matters stipulated by the financial department at or above the provincial level.

The bidder shall specify and indicate the substantive requirements and conditions in the tender documents.

Nineteenth bidding and procurement units shall make paper bidding documents, or publish electronic bidding documents on the network media designated by the financial department, and shall maintain the consistency of the two. Electronic bidding documents and paper bidding documents have the same legal effect.

Twentieth bidding procurement units may require bidders to submit alternative bidding schemes that meet the requirements of the bidding documents, but it shall be stated in the bidding documents, and the corresponding bid evaluation standards and treatment methods shall be clarified.

Article 21 The technical standards specified in the tender documents shall conform to the mandatory national standards.

The tender documents shall not require or indicate specific bidders or products, or contain other contents that tend to exclude potential bidders.

Twenty-second bidding procurement units may, according to the needs, consult the opinions of relevant experts or suppliers on the bidding documents.

Article 23 The sales price of bidding documents shall be determined in accordance with the principle of making up the printing cost of bidding documents, and shall not be for profit, nor shall the bidding purchase amount be used as the basis for determining the sales price of bidding documents.

Twenty-fourth bidding procurement units shall not terminate the bidding without authorization after issuing the tender announcement, invitation letter or tender documents.

Twenty-fifth bidding procurement units may, according to the specific circumstances of bidding procurement projects, organize on-site inspection of potential bidders or hold a question-and-answer meeting before the bid opening, but may not organize on-site inspection of only 1 bidders alone.

Twenty-sixth before the bid opening, the bidding procurement unit and the relevant staff shall not disclose to others the names and quantities of potential bidders who have obtained the bidding documents and other bidding-related information that may affect fair competition.

Article 27 Where a bid invitation and procurement unit makes necessary clarifications or amendments to the issued bid documents, it shall issue a correction announcement on the government procurement information release media designated by the financial department before the deadline for submission of bid documents in the bid documents 15, and notify all recipients of the bid documents in writing. This clarification or modification is an integral part of the tender documents.

Article 28 A bidding procurement unit may extend the bidding deadline and bid opening time according to the specific procurement situation, but it shall notify all recipients of the bidding documents of the change time in writing at least three days before the deadline for submission of bidding documents required by the bidding documents, and publish a change announcement on the government procurement information release media designated by the financial department.

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