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Measures for the implementation of the preliminary property management bidding in Jiangsu Province: bid opening, bid evaluation and bid winning
Article 30 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 31 The bid opening shall be presided over by the tenderer or the organizer of bidding activities, and all bidders shall be invited to participate. The bid opening shall be conducted in accordance with the following provisions:
The bidder's representative shall check whether the bidding documents are stamped with the corporate seal, and may also be checked and notarized by the notary office. After confirmation, the staff will open it in public and read out the main contents of the bidding documents such as the name of the bidder, the main service content and standards provided, and the tender offer.
All bid documents received by the tenderer before the deadline for submission of bid documents required by the tender documents shall be opened and read out in public when opening bids.
The bid opening process shall be recorded by the tenderer and filed for future reference after being confirmed by the bidder's representative.
Article 32 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation.
The bid evaluation committee is composed of experts in property management and related disciplines and representatives of the tenderee, with an odd number of more than 5 people, among whom the 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 determined by the tenderer from the roster of experts established by the property management administrative department 0 days before the bid opening. The list of members of the bid evaluation committee shall be kept confidential before the bid opening.
If there is equity, affiliation or other interest relationship between the tenderer and the bidder, the tenderer's representative shall not join the bid evaluation committee, and those who have already entered shall be replaced.
Before the bid opening, if the bidder asks the members of the bid evaluation committee to withdraw, the bid evaluation committee shall judge whether it is enough to affect the fairness of bid evaluation and decide whether the judges should withdraw.
Thirty-third property management administrative departments shall establish a roster of bid evaluation experts. The recommended list of property management bid evaluation experts established by the provincial construction administrative department shall be randomly selected by all localities in an open way.
The administrative department in charge of property management shall conduct relevant laws, regulations and business training for the members who enter the roster of experts, comprehensively evaluate and supervise their bid evaluation ability, integrity and justice, and timely cancel the qualification of bid evaluation experts for incompetent or illegal personnel. Persons who have been disqualified as bid evaluation experts shall not participate in any bid evaluation activities.
Thirty-fourth members of the bid evaluation committee shall independently perform their duties, be serious, fair and honest, abide by professional ethics, and take personal responsibility for the bid evaluation opinions put forward.
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 activities mentioned in this article refers to all personnel who are aware of the bid evaluation situation because of their participation in bid evaluation supervision or daily work, except members of the bid evaluation committee.
Article 35 The bid evaluation committee may require bidders to make necessary clarifications or explanations on the contents in the bid documents that are ambiguous, inconsistent with similar problems or have obvious errors in writing and calculation. The bidder shall make clarification or explanation in written form, and the clarification or explanation shall not change the substantive content of the bid documents.
Thirty-sixth bid evaluation methods should generally adopt the comprehensive evaluation method, or other bid evaluation methods permitted by laws and administrative regulations.
Generally, the comprehensive evaluation method adopts the weighted summation of sub-item scores, and the sum of sub-item weights should be100%; The project should be reasonably determined by comprehensively considering the factors such as the bidder's integrity, bidding documents and bid defense; Among them, the weight of the bidder's integrity score should generally not be higher than 20%; In general, the scoring weight of the tender should not be less than 50%; In general, the scoring weight of bid defense should not be higher than 20%. If the property bidding quotation is reviewed separately, the sub-item weight shall not be higher than 20%. The bidder shall explain the scoring items, scoring methods and scoring weights, etc. Pre-evaluation in the tender documents.
Thirty-seventh bidders who have won the national, provincial and municipal property management demonstration (excellent) projects and are responsible for maintaining the title will be given corresponding preferential scores in the bid evaluation.
Article 38 The bid evaluation committee shall, under the condition of confidentiality, continuously evaluate 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.
Thirty-ninth after the evaluation of the bid evaluation committee, it is agreed that the bid documents have not substantially responded to the tender documents, and the bid may be rejected; If it is agreed that all bidding documents do not meet the substantive requirements of the bidding documents, all bids may be rejected.
If all the bids for the prophase property management projects that must be tendered according to law are rejected, or if one bidder is rejected, and there are less than three bidders, the tenderee shall re-tender.
If the bid evaluation committee finds any of the following circumstances, it shall nullify the bid:
(a) the bid documents are not stamped by the bidder and signed by the legal representative of the bidder or are not authorized by the legal representative;
(two) the property management objectives, contents, quality standards and management measures specified in the tender documents obviously can not meet the requirements of the tender documents;
(three) the project, calculation and quotation method of the tender offer do not meet the requirements of the tender documents, which affects the evaluation and comparison of the tender offer; Or the bidder of the same standard service project bids at a price significantly lower than the social average cost price of property services in the same city;
(four) the tender documents exceed the contents of the tender documents and attach conditions that are unacceptable to the tenderer;
(5) It is found that bidders bid in the name of others, collude in bidding, bid by other fraudulent means or win the bid by bribery.
Fortieth after the bid evaluation, the bid evaluation committee shall issue a written bid evaluation report to the tenderer, clarifying the evaluation and comparison opinions of the bid evaluation committee on each bid; To determine the waste standard, a description of the waste standard shall be issued; In accordance with the bid evaluation standards and methods specified in the tender documents, no more than three qualified bid-winning candidates are recommended.
The tenderer may also entrust the bid evaluation committee to directly determine the winning bidder.
Article 41 A tenderer shall determine the winning bidders 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. However, the tenderer shall not put forward additional requirements beyond the real contents of the property management conditions, scope, content and price stipulated in the tender documents to the successful candidate, forcing him to give up the bid.
Article 42 A tenderer shall determine the winning bidder within 30 days after the deadline of bid validity, issue a bid-winning notice to the winning bidder, and notify all bidders who have not won the bid. For bidders who fail to win the bid, the tenderee shall return their bid documents in time.
Forty-third the tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, sign the preliminary realty service contract in accordance with 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 tender documents.
Article 44 The winning bidder shall perform his rights and obligations in accordance with the contract. The winning bidder shall not transfer the whole winning project to others, nor shall it transfer the winning project to others separately after dismantling it.
The winning bidder may, according to the contract or with the consent of the tenderer, subcontract some non-major and non-critical professional work of the winning project to others for completion. The person who accepts the subcontract shall have the corresponding franchise qualification and shall not subcontract again.
Forty-fifth a tenderer shall, within 30 days from the date of determining the winning bidder, file with the property management administrative department. The filing materials include the bid opening and evaluation process, the ways and reasons for determining the winning bidder, the bid evaluation report and records of the bid evaluation committee, the bid documents of the winning bidder, the preliminary property service contract and other materials.
Article 46 Without the consent of the copyright owner of the tender documents or bid documents, all participants in the tender activities shall not disclose or quote the contents of the tender documents or bid documents to others.
Article 47 If the winning bidder is unable to perform the contract due to force majeure or the performance of the contract is suspended through negotiation between the tenderer and the winning bidder, the bid shall be re-invited according to these measures.
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