Regulations of Tianjin Municipality on Bidding

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and relevant laws and regulations, combined with the actual situation of this Municipality, in order to standardize the bidding activities, protect the national interests, social public interests and the legitimate rights and interests of the parties involved in the bidding activities, improve economic benefits and ensure the quality of the project. Article 2 Whoever engages in bidding activities and supervises bidding activities within the administrative area of this Municipality shall abide by the Bidding Law of People's Republic of China (PRC) and these Regulations.

The provisions of government procurement laws and regulations shall apply to the bidding activities of goods and services procurement in government procurement. Article 3 The municipal development and reform department shall guide and coordinate the bidding work of the whole city, and organize the implementation of these Regulations.

Construction, commerce, industry, finance, water conservancy, transportation, information industry and other relevant administrative departments shall do a good job in relevant supervision and management according to their respective responsibilities. Article 4 Engineering construction projects, including survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, which fall within the scope stipulated in Article 3 of the Bidding Law of People's Republic of China (PRC), must be subject to tender. Article 5 The investors, operators or contractors selected by the government and its relevant departments for the following projects shall be determined through bidding; The provisions of laws and administrative regulations can be determined by auction. , from its provisions:

(a) land, minerals and other natural resources development and utilization projects;

(two) water supply, gas supply, heating, public transportation, sewage and solid waste treatment and other government franchise projects;

(3) Limited public resource allocation projects;

(four) government investment or financing projects;

(five) major scientific research projects organized or funded by the government. Sixth medical equipment and drug procurement projects, residential property management projects and other projects decided by the Municipal People's government must be subject to tender. Article 7 The specific scope and scale standards of the items listed in Articles 4, 5 and 6 of these Regulations shall be formulated by the municipal development and reform department in conjunction with the relevant administrative departments according to the relevant laws and regulations and the actual situation of this Municipality, and implemented after being reported to the Municipal People's Government for approval. Eighth projects that must be tendered may not be tendered upon approval under any of the following circumstances:

(1) Emergency rescue and disaster relief projects;

(two) the use of specific patents or proprietary technology can not meet the requirements of the quorum of bidders;

(three) involving national security or state secrets;

(4) Other provisions of laws and regulations.

If the project specified in the preceding paragraph is not subject to tender, it shall be approved by the project examination and approval or approval and filing department; Belonging to the key projects of this Municipality, it shall be approved by the Municipal People's Government. Where laws and regulations provide otherwise for the subject of examination and approval, such provisions shall prevail. Chapter II Tendering Methods and Organizational Forms Article 9 A tenderer may invite public tenders or invite tenders. However, if the State and this Municipality stipulate that public bidding must be adopted, the tenderee shall conduct public bidding. Tenth the following projects must be open to tender:

(a) all use of state-owned capital investment, state-owned capital investment accounted for holding or leading position;

(2) Using state financing;

(3) Using loans or aid funds from international organizations or foreign governments;

(4) Items listed in Articles 5 and 6 of these Regulations;

(five) other projects that must be subject to public bidding as stipulated by laws, regulations and rules. Eleventh projects that must be open for bidding are not suitable for public bidding due to special reasons, and may be invited for bidding with the approval of the project approval or approval department. Belong to the national key projects, approved by the national development and reform department; Belonging to the key projects of this Municipality, it shall be approved by the Municipal People's Government. Article 12 Where public bidding is required, the tenderee shall publish a tender announcement in the media designated by the state or the development and reform department of this Municipality.

If the tender announcement of the same project is published in more than two media, the contents of the announcement shall be consistent. Thirteenth projects that must be subject to tender, the tenderer may meet the following conditions, and file with the relevant administrative supervision departments before bidding:

(1) Having the qualification of a legal person;

(two) there are professionals who are suitable for the preparation of bidding documents and the organization of bid evaluation activities;

(3) Having a sound management system for bidding and bid evaluation;

(4) Other conditions stipulated by laws and regulations. Article 14 Where a tenderer entrusts bidding, it shall entrust a bidding agency with legal qualifications to act as its agent, and sign a written entrustment agreement with it to clarify the rights and obligations of both parties.

The tenderee shall not put forward requirements that do not conform to the bidding laws and regulations to the bidding agency, and shall not collude with the bidding agency to harm the national interests, social public interests and the legitimate rights and interests of others. Fifteenth bidding agencies, tangible markets and other organizations should follow the principle of voluntariness and equality to provide services for bidding activities, collect fees in accordance with the relevant provisions of the state and this Municipality, and may not force bidders to accept services. Chapter III Bid Evaluation Expert Database and Bid Evaluation Experts Article 16 The Municipal People's Government shall establish a comprehensive bid evaluation expert database across industries and regions according to law. The specific establishment plan shall be formulated by the Municipal Development and Reform Department in conjunction with relevant departments and implemented after being approved by the Municipal People's Government.

The relevant departments and bidding agencies may also establish a professional expert database of bid evaluation in accordance with the relevant provisions of laws, administrative regulations and these Regulations.