Measures for the Implementation of the Bidding Law of People's Republic of China (PRC) in Qinghai Province (revised in 2020)

Chapter I General Provisions Article 1 These Measures are formulated for the implementation of the Bidding Law of People's Republic of China (PRC) and in light of the actual situation of this province. Article 2 Bidding activities shall follow the principles of openness, fairness, impartiality, honesty and credibility. Article 3 The development and reform departments of the people's governments at or above the county level shall, according to their respective responsibilities, supervise and manage the bidding activities within their respective administrative areas. Chapter II Tendering and Bidding Article 4 Projects using state-owned funds, state financing, funds from international organizations or foreign governments, as well as infrastructure or public utilities projects related to social interests and public safety, shall be subject to tender.

The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development and reform department of the provincial people's government in conjunction with the relevant administrative departments of the province and submitted to the provincial people's government for approval. Article 5 The scope and scale standards of bidding for services such as property management and goods procurement shall be implemented in accordance with the provisions of relevant laws and regulations, and the bidding procedures shall be implemented in accordance with the Bidding Law and these Measures. Article 6 When submitting the feasibility study report or preliminary design of a project that must be subject to tender examination and approval according to law, the tenderer shall draw up the scope and method of tender at the same time and submit it to the project examination and approval department for approval. After the project is approved, the examination and approval department shall inform the relevant administrative supervision departments of the determined scope and method of bidding within five days. If the scope and method of the approved project bidding need to be changed, the tenderer shall go through the approval procedures again. Seventh engineering construction project bidding shall meet the following conditions:

(a) the tenderer has been established according to law;

(two) the feasibility study report or preliminary design and budgetary estimate have been approved, and the relevant approval documents such as construction land requisition procedures and project construction planning permission have been obtained;

(three) the scope, method and organization of bidding. , the approval, has been approved;

(four) the construction project has the corresponding funds or sources of funds have been implemented;

(five) there are design documents and technical data to meet the needs of bidding. Eighth all the use of state-owned funds, state-owned funds holding or leading projects, as well as key projects identified by the provincial people's government, should be open tender in the tangible market. In any of the following circumstances, with the approval of the project examination and approval department, you can invite tenders:

(a) due to the technical complexity of the project or special requirements, only a few potential bidders can choose;

(two) due to natural conditions or environmental restrictions, it is not suitable for public bidding;

(3) Compared with the project value, the bidding cost of the project to be publicly tendered is not worth it;

(four) involving national security, state secrets or emergency rescue and disaster relief, which should be tendered rather than publicly tendered;

(five) the provisions of laws and regulations are not suitable for public bidding. Article 9 A tenderee may invite tenders on its own if the following conditions are met for a project subject to tender according to law:

(1) Having the project legal person qualification (or legal person qualification);

(2) Having the ability to prepare bidding documents and organize bid evaluation;

(3) Having professional technical forces such as engineering technology, budgetary estimate, finance and project management that are suitable for the scale and complexity of the project subject to tender;

(4) Have bidding experience in similar projects;

(5) Having a special tendering agency or having more than three full-time tendering professionals;

(six) the bid evaluation experts to be used meet the relevant provisions.

If a tenderer bids by himself, it shall report to the relevant administrative departments for the record in accordance with the examination and approval authority of the construction project seven days before the issuance of the tender announcement or invitation letter; Key construction projects implemented in the province with the approval of relevant state departments shall be filed with the provincial development and reform department. Article 10 A tendering agency shall be established according to law; It has no administrative affiliation or other economic interests with administrative organs and other state organs.

Bidding agencies engaged in agency business are not restricted by regions and industries.

The bidding agency shall handle the bidding matters within the scope entrusted by the tenderer, and collect fees in accordance with the relevant national and provincial standards or the contract. Article 11 The tender announcement of a project subject to tender according to law shall reasonably determine the deadline for bidding, and shall be published in newspapers, information networks and other media designated by the national or provincial development and reform departments.

If the tenderer intends to limit the number of bidders, it shall make a statement in the tender announcement. Article 12 Where a tenderer needs to prequalify potential bidders, it shall prepare prequalification documents and issue a prequalification announcement according to the characteristics and requirements of the project subject to tender. Pre-qualification of potential bidders may include the following contents:

(1) Legal person qualification;

(2) Qualification grade;

(3) Registered capital, capital, personnel, technology, equipment and management;

(four) the performance of similar contracts in the past three years;

(five) other matters stipulated by laws, regulations and rules.

The tenderer shall not discriminate against potential bidders because of different regions, industries and ownership systems; It is not allowed to restrict or exclude potential bidders on the condition that they win prizes in their own regions and industries. Thirteenth tender documents, the tenderer shall generally specify the following contents:

(a) the scope, nature, scale, quantity, standards and main technical requirements of the project subject to tender and the time for delivery or provision of services;

(2) bid evaluation methods and standards, requirements for preparing bid documents, bidding methods and deadline, bid validity period and bid opening place;

(three) the main terms of the contract and the format of the agreement;

(four) the format and description of the bid letter and its attachments, performance guarantee documents and power of attorney required by the bidder;

(5) Bid price requirements and calculation methods;

(6) Bid sections and time limit for a project subject to tender that need to be divided into bid sections and determined with time limit;

(seven) drawings or other information that should be provided;

(eight) other issues that should be explained.

The tenderer shall explain the source of project funds and the payment of project funds according to the progress of the project in the tender documents. Government investment and government financing bidding projects, the construction scope, construction standards and total investment determined in the bidding documents shall not exceed the approved preliminary design and investment budget.