Residential requirements for property bidding

Interim Measures for the Administration of Tendering and Bidding of Pre-property Management

Chapter I General Principles

first

In order to standardize the bidding activities of property management in the early stage, protect the legitimate rights and interests of the bidding parties and promote fair competition in the property management market, these measures are formulated.

second

Pre-property management refers to the property management implemented by the construction unit before the owners' meeting and the owners' meeting hire property management enterprises.

These Measures shall apply to the supervision and management of property management enterprises and administrative departments with corresponding qualifications selected by the construction unit through bidding.

essay

Residential and non-residential construction units within the same property management area shall select and employ property management enterprises with corresponding qualifications through bidding; If the number of bidders is less than three or the residential scale is relatively small, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property management enterprise with corresponding qualifications may be selected by agreement.

The state encourages other property construction units to choose property management enterprises with corresponding qualifications through bidding.

Article 4

The tendering and bidding of property management in the early stage shall follow the principles of openness, fairness, impartiality and good faith.

Article 5

The State Council construction administrative department is responsible for the supervision and management of the national property management bidding activities.

The construction administrative departments of the people's governments of provinces and autonomous regions shall be responsible for the supervision and management of property management bidding activities within their respective administrative areas. The real estate administrative departments of the people's governments of municipalities directly under the central government, cities and counties shall be responsible for the supervision and management of property management bidding activities within their respective administrative areas.

Article 6

No unit or individual may, in violation of laws and administrative regulations, restrict or exclude qualified property management enterprises from bidding, and may not illegally interfere in property management bidding activities in any way.

Chapter II Bidding

Article 7

The term "tenderee" as mentioned in these Measures refers to the property construction unit that conducts the preliminary property management bidding according to law.

The preliminary property management bidding shall be organized and implemented by the tenderer according to law. The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, shall not discriminate against potential bidders, and shall not put forward excessive qualifications and other requirements for potential bidders that are inconsistent with the actual requirements of the property management project subject to tender.

Article 8

Pre-property management bidding is divided into public bidding and invitation bidding.

If the tenderee adopts the method of public bidding, it shall publish a tender announcement on the public media, and at the same time publish a free tender announcement on the China Housing and Real Estate Information Network and China Property Management Institute.

The tender announcement shall specify the name and address of the tenderer, the basic information of the project subject to tender and the way to obtain the tender documents. If the tenderer adopts the method of inviting tenders, it shall issue invitations to bid to more than three property management enterprises, which shall include the matters specified in the preceding paragraph.

Article 9

A tenderer may entrust a bidding agency to handle the bidding matters; Those who have the ability to organize and implement bidding activities may also organize and implement bidding activities by themselves.

The property management bidding agency shall handle the bidding matters within the scope entrusted by the tenderer and abide by the relevant provisions of these Measures on the tenderer.

Article 10

The tenderer shall, according to the characteristics and needs of the property management project, complete the preparation of the tender documents before the tender.

The tender documents shall include the following contents:

(a) a brief introduction of the tenderer and the project subject to tender, including the name, address, contact information, basic information of the project, housing and equipment for property management, etc.;

(2) Contents and requirements of property management services, including service contents and service standards;

(3) Requirements for bidders and tenders, including the qualifications of bidders, the format and main contents of tenders, etc. ;

(4) Evaluation criteria and methods;

(5) The bidding activity plan, including the bidding organization, the time and place of bid opening, etc. ;

(six) a description of the signing of the property service contract;

(seven) other matters and other contents stipulated by laws and regulations.

Article 11

The tenderer shall submit the following materials to the real estate administrative department of the local people's government at or above the county level where the property project is located for the record before issuing the tender announcement or invitation letter 10:

(a) the government approved the development and construction of property projects related to property management;

(2) Tender announcement or invitation letter;

(3) tender documents;

(4) Other materials as prescribed by laws and regulations. If the real estate administrative department finds that the bidding violates the provisions of laws and regulations, it shall promptly order the tenderer to make corrections.

Article 12

The tenderee of public bidding may, according to the provisions of the bidding documents, pre-qualify the bidding applicants.

For property management projects that are subject to pre-qualification, the tenderee shall specify the pre-qualification conditions and the way to obtain the pre-qualification documents in the tender announcement or invitation letter.

Pre-qualification documents should generally include the format of the pre-qualification application, the applicant's instructions, and the enterprise qualification documents, performance, technical equipment, financial status, resume and performance of the project leader and main management personnel to be dispatched.

Article 13

After the pre-qualification, the tenderee for public bidding shall issue a pre-qualification notice to the bid applicants who have passed the pre-qualification, informing them of the time, place and method of obtaining the bidding documents, and at the same time informing the unqualified bid applicants of the pre-qualification results.

When there are too many pre-qualified bidding applicants, the tenderer may choose not less than five pre-qualified bidding applicants.

Article 14

The tenderer shall determine the reasonable time required for the bidder to prepare the bid documents. Property management projects subject to public bidding shall last at least 20 days from the date of issuance of the bidding documents to the deadline for submission of bidding documents by bidders.

Article 15

If the tenderee makes necessary clarifications or amendments to the issued tender documents, it shall notify all recipients of the tender documents in writing at least 05 days before the deadline for submission of tender documents required by the tender documents. This clarification or modification is an integral part of the tender documents.

Article 16

According to the specific circumstances of the property management project, the tenderer may organize potential bidders to survey the site of the property project and provide detailed information such as concealed engineering drawings. The questions raised by the bidding applicant shall be clarified in writing and sent to all recipients of the bidding documents.

Article 17

The tenderer shall not disclose to others the names and quantities of potential bidders who have obtained the tender documents and other tender information that may affect fair competition.

If the tenderer has a pre-tender estimate, the pre-tender estimate must be kept confidential.

Article 18

Before determining the winning bidder, the tenderer shall not negotiate with the bidder on the bid price, bid plan and other substantive contents.

Article 19

Where a property management enterprise is selected through bidding, the tenderee shall complete the bidding for property management within the following time limit: (

(a) new commercial housing projects should be completed 30 days before the sale; (

2) Pre-sale of commercial housing projects shall be completed before obtaining the pre-sale permit of commercial housing;

(three) new property projects that are not for sale shall be completed 90 days before delivery.

Chapter III Bidding

Article 20

The term "bidder" as mentioned in these Measures refers to the property management enterprises that responded to the preliminary property management bidding and participated in the bidding competition.

Bidders shall have the corresponding qualifications of property management enterprises and other conditions required by the tender documents.

Article 21

Bidders who have questions about the bidding documents and need clarification shall submit them to the tenderer in writing.

Article 22

The bidder shall prepare the bidding documents according to the contents and requirements of the bidding documents, and the bidding documents shall respond to the substantive requirements and conditions put forward in the bidding documents.

The tender documents shall include the following contents:

(1) Letter of Bid;

(2) tender offer;

(3) Property management plan; (

4) Other materials required by the tender documents.

Article 23

The bidder shall seal the bid documents and deliver them to the bidding place before the deadline for submission of bid documents. After receiving the tender documents, the tenderer shall issue a certificate to the bidder, indicate the recipient and the time of receipt, and properly keep the tender documents. Before the bid opening, no unit or individual may open the bidding documents. Bidding documents submitted after the deadline for submission of bidding documents required by the bidding documents are invalid and will be rejected by the tenderer.

Article 24

A bidder may supplement, modify or withdraw the submitted bid documents before the deadline required by the tender documents, and notify the tenderer in writing. The supplementary and revised contents are an integral part of the tender documents, and shall be delivered, signed and preserved in accordance with the provisions of Article 23 of these Measures. Supplementary or modified contents required to be submitted after the deadline for submission of bid documents in the tender documents are invalid.

Article 25

Bidders shall not bid in the name of others or cheat the bid by other means.

Bidders shall not collude with each other in bidding, shall not crowd out the fair competition of other bidders, and shall not harm the legitimate rights and interests of the tenderee or other bidders.

Bidders shall not collude with the tenderee in bidding, which may harm the national interests, social public interests or the legitimate rights and interests of others.

Bidders are prohibited from winning the bid by bribing the tenderee or members of the bid evaluation committee.

Chapter IV Bid Opening, Bid Evaluation and Bid Winning

Article 26

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.

Article 27

The bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate. The bid opening shall be conducted in accordance with the following provisions:

The seal of the bid documents shall be inspected by the bidder or its elected representative, and may also be inspected and notarized by a notary agency entrusted by the tenderer. After confirmation, the staff will open it in public and read out the name of the bidder, the bid price and other main contents of the bid documents.

All bid documents received by the tenderer before the deadline for submission of bid documents required by the tender documents shall be opened in public when opening bids.

The bid opening process shall be recorded by the tenderer and filed for future reference.

Article 28

The bid evaluation shall be the responsibility of the bid evaluation committee established by the tenderer according to law.

The bid evaluation committee consists of representatives of the tenderee and property management experts, with an odd number of more than 5 members, of which property management experts other than the representatives of the tenderee shall not be less than two thirds of the total number of members.

The expert members of the bid evaluation committee shall be randomly selected by the tenderer from the roster of experts established by the real estate administrative department.

People who are interested in bidders are not allowed to enter the bid evaluation committee of related projects.

Article 29

The real estate administrative department shall establish a roster of bid evaluation experts. The real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may merge the expert databases of cities with a small number of experts, or implement computer networking of expert databases.

The real estate administrative department shall conduct relevant legal and professional training for the experts who enter the roster of experts, comprehensively evaluate their bid evaluation ability, integrity and justice, and promptly cancel the incompetent or illegal bid evaluation expert qualification. Persons who have been disqualified as bid evaluation experts shall not participate in any bid evaluation activities.

Article 30

Members of the bid evaluation committee shall perform their duties conscientiously, fairly and honestly.

Members of the bid evaluation committee shall not have private contact with any bidder or any person who has an interest in the bidding results, and shall not accept property or other benefits from bidders, intermediaries or other interested parties.

Members of the bid evaluation committee and the staff related to bid evaluation activities shall not disclose the evaluation and comparison of bid documents, the recommendation of successful candidates and other information related to bid evaluation.

The staff related to bid evaluation mentioned in the preceding paragraph refers to all staff except members of the bid evaluation committee who are aware of the bid evaluation due to their participation in bid evaluation supervision or daily work.

Article 31

The bid evaluation committee may require the bidder to make necessary clarifications or explanations on the unclear contents in the bid documents in writing. The bidder shall make clarification or explanation in written form, and the clarification or explanation shall not go beyond the scope of the tender documents or change the substantive contents of the tender documents.

Article 32

In the process of bid evaluation, an on-site defense meeting shall be held, which shall be explained in the bidding documents in advance and the score ratio shall be indicated. The bid evaluation committee shall, in accordance with the bid evaluation requirements of the tender documents, conduct a comprehensive bid evaluation according to the bid evaluation and on-site defense. Except for the on-site defense part, bid evaluation shall be conducted in a confidential manner.

Article 33

The bid evaluation committee shall review and compare the bid documents according to the bid evaluation standards and methods determined in the bidding documents, and sign the bid evaluation results for confirmation.

Article 34

After review, if the bid evaluation committee considers that all the bidding documents do not meet the requirements of the tender documents, it may reject all the bids. If all the bids for property management projects that must be subject to tender according to law are rejected, the tenderer shall re-tender.

Article 35

After the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer, stating the evaluation and comparison opinions of the bid evaluation committee on each bid document, and recommend no more than three qualified bid-winning candidates according to the bid evaluation standards and methods specified in the tender documents.

The tenderer shall determine the winning bidder in the order of the winning candidates. When it is determined that the candidate winning the bid gives up the bid or cannot perform the contract due to force majeure, the tenderer may determine other candidates winning the bid as the winning bidder in turn.

Article 36

The tenderer shall determine the winning bidder 30 days before the deadline of bid validity. The validity period of the bid shall be specified in the tender documents.

Article 37

The tenderer shall issue a bid-winning notice to the winning bidder, notify all bidders who have not won the bid at the same time, and return their tenders.

The tenderer shall, within 0/5 days from the date of determining the winning bidder, file with the real estate administrative department of the local people's government at or above the county level where the property project is located. The filing materials shall include the process of bid opening and evaluation, the ways and reasons for determining the winning bidder, the bid evaluation report of the bid evaluation committee, the bid documents of the winning bidder and other materials. If an agent is entrusted to bid, an entrustment contract for bidding agent shall also be attached.

Article 38

The tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract according to the tender documents and the bid documents of the winning bidder; The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.

Article 39

If the tenderer fails to sign a contract with the winning bidder without justifiable reasons, thus causing losses to the winning bidder, the tenderer shall make compensation.

Chapter V Supplementary Provisions

Article 40

Bidders and other interested parties who think that the bidding activities do not conform to the relevant provisions of these Measures have the right to raise objections to the tenderee or complain to the relevant departments according to law.

Article 41

Where more than two languages are used in the tender documents or bid documents, one of them must be in Chinese; If there are differences in the interpretation of different versions, the Chinese version shall prevail. If the amount expressed in words is inconsistent with that expressed in figures, the amount expressed in words shall prevail.

Article 42

As stipulated in Article 3 of the present Measures, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property management enterprise may be hired by agreement, and the scale standard shall be determined by the real estate administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government.

Article 43

The owners' congress and the owners' congress select and employ property management enterprises with corresponding qualifications through bidding, with reference to these measures.

Article 44

These Measures shall come into force as of September 6, 2003.