Jiangsu Province Tendering and Bidding Regulations

(On December 19, 2003, the seventh meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province was implemented on February 1, 2004.) Chapter I General Provisions Article 1 In order to regulate bidding and bidding activities, protect national interests and social public The interests and the legitimate rights and interests of the parties to the bidding and tendering activities shall be formulated in accordance with the "Tendering and Bidding Law of the People's Republic of China" and relevant laws and administrative regulations, in conjunction with the actual conditions of the province. Article 2 These Regulations apply to bidding and tendering activities within the administrative region of the province. Where laws and regulations provide otherwise for bidding and tendering activities such as government procurement, international bidding for mechanical and electrical products, bidding for scientific and technological projects, and the transfer of state-owned land use rights, mining rights, prospecting rights, and franchise rights, such provisions shall prevail. Article 3 The bidding and tendering activities shall follow the principles of openness, fairness, impartiality and good faith. Article 4: Projects that use state-owned funds or state financing, projects that use international organizations or foreign government loans and aid funds must be legally used in projects such as large-scale infrastructure and public utilities that are related to social public interests and public safety in the administrative region of the province. Conduct a tender. The specific scope shall be implemented in accordance with the relevant provisions of the State; the scale standards shall be stipulated by the provincial people's government, and the state has provisions, and provisions shall be followed. No unit or individual may revise a project that must be tendered according to law or circumvent the tender in any other way. Article 5 The administrative department in charge of the development plan of the local people's government at or above the county level shall be responsible for the guidance and coordination of bidding and bidding activities within its administrative area. The administrative department in charge of the development plan of the Municipal People's Government of Shengcheng District is responsible for inspecting the bidding activities of major construction projects. The relevant administrative departments of economy, trade, construction, transportation, water conservancy, etc. of the local people's governments at or above the county level shall be responsible for supervising and managing the bidding and tendering activities in accordance with laws, regulations and responsibilities determined by the people's government at the same level. Article 6 The local people's government at or above the county level shall, through the supervision and inspection of the bidding and bidding market, guide the parties in the market to establish and improve the social credit mechanism of the bidding and bidding market. By exerting the self-regulating role of the social credit mechanism, the parties involved in the bidding and bidding activities that violate the principles of honesty and credit and the principles of fairness and justice are negatively evaluated and eliminated. Chapter II Bidding Article 7 Bidding is divided into open tendering and invitation tendering. Article 8 In any project that must be subject to bidding according to law, one of the following circumstances shall be openly tendered: (1) Local key construction projects determined by the municipal people's government of the Shengjian District; (2) All projects using state-owned funds for investment; (3) Projects in which state-owned capital investment accounts for holding or leading position; (4) Other items subject to public bidding as stipulated by laws, regulations and rules. Article 9 In an engineering construction project stipulated in Article 8 of these Regulations, if one of the following circumstances is not suitable for public bidding, the bidding may be invited by the approval department of the above-mentioned project or the relevant administrative supervision department; The local key construction projects determined by the municipal people's government shall be approved by the people's government at the same level: (1) The technology is complex or has special professional requirements, and only a few potential bidders are available for selection; The expenses required to account for the excessive proportion of the total value of the project do not meet the requirements of economic rationality; (3) subject to natural resources and environmental conditions; (4) laws, administrative regulations or the State Council otherwise stipulates. Article 10 The following items that are not suitable for one of the bidding situations may not be tendered. However, the items that need to be examined and approved shall be examined and approved in accordance with the provisions of Article 9 of these Regulations: (1) involving national security and state secrets; (2) rescue and disaster relief; (3) using poverty alleviation funds to implement work-for-work and need to use migrant workers (4) The main processes and technologies need to adopt specific patents or proprietary technologies; (5) Other circumstances as stipulated by laws and administrative regulations. Article 11 For a project that must be tendered according to law, if the tenderer handles the tendering matters by himself, it shall have the ability to prepare the bidding documents and organize the bid evaluation, meet the following conditions, and file with the relevant administrative supervision department: (1) Have a legal person or Qualifications of other organizations; (2) Technical and economic professionals who are suitable for the scale and complexity of the bidding project; (3) There are special tendering agencies or more than three personnel with the ability to bid for business; Laws, regulations and rules concerning bidding. Article 12 If the tenderer has the ability to self-tender, he may choose to bid on his own or entrust a qualified tendering agency to act as the agent for the tender. If the tenderer does not have the ability to prepare bidding documents and organize evaluation of bids, it shall entrust a qualified bidding agency to handle the bidding. No unit or individual may assign an agency to it in any way. Article 13 The bid invitation agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services. The qualification of the bidding agency shall be implemented in accordance with relevant state regulations. The relevant administrative department shall promptly announce the list of bidding agencies that have passed the qualification confirmation to the public. The bidding agency shall be organized independently, and there shall be no affiliation or other interest relationship with the administrative organ and other state organs. The bidding agency shall not accept the entrusted content and requirements of the bid inviting party; in the bidding activity, it shall not falsify and damage the national interest and the legitimate rights and interests of the bidder and the bidder. Article 14 The bid invitation agency shall undertake the bidding matters within the scope of its qualification level and abide by the provisions of the Regulations on the tenderer. Where the bid invitation agency is entrusted to handle the bidding matters, its agency authority and agency fees shall be stated in the bidding agency contract. Where laws and administrative regulations provide for the collection of agency fees, such provisions shall prevail. The bidding agency shall handle the bidding matters within the scope of agency authority according to the contract of the bidding agency contract, and shall not accept the bidding consulting service of the same bidding project. Article 15 If a tenderer adopts the method of public bidding, it shall publish a tender notice. The tenderee is responsible for the authenticity and accuracy of the contents of the announcement. The tender notice of the project that must be tendered according to law shall be issued at least in a medium designated by the state or province. Article 16 For a project that is open for public bidding, the tenderee may prequalify the potential bidder. In the case of pre-qualification, the pre-qualification conditions, standards and methods shall be stated in the pre-qualification documents or the tender notice, but the potential bidders shall not be restricted, excluded or discriminated against by unreasonable conditions. Article 17 The tenderee shall issue a notice of qualification pre-qualification to the potential bidders qualified for pre-qualification, inform the time, place and method of obtaining the bidding documents, and inform the other potential bidders of the pre-qualification results. Article 18 The bidding documents shall clearly and clearly state the following contents: (1) the name of the tenderee and the name of the project and its introduction; (2) the quantity and scale of the project and the main technical and quality requirements; (3) completion of the project The time limit or delivery time, the time for providing the service; (4) the qualifications of the bidder and the bidding documents and the requirements for the validity period of the bid; (5) the method, location and deadline for submitting the bidding documents; (6) the requirements for bidding and quotation; (7) Basis for evaluation of bids, standards, methods, principles for calibration and main factors for determining the standards for scrapping; (8) Main contract terms and contents of the agreement; (9) Requirements for bidding related materials and technical documents such as drawings and format appendices; X) Other matters that need to be stated. The substantive requirements and conditions stipulated by the tenderer in the bidding documents shall be marked in a conspicuous manner. For projects that must be tendered according to law, the bidding documents or prequalification documents shall be sold for not less than five working days, and the selling price shall be determined according to the printing cost; from the date of issuance of the bidding documents to the date of submission of the bidding documents, the minimum period shall not be Less than twenty days. Article 19 The bidding documents shall clearly stipulate all the evaluation factors, and quantify the evaluation factors or evaluate the bids accordingly. Where the state has provisions on the qualifications of the bidder, the qualifications of the bidder specified in the bidding documents shall meet the conditions stipulated by the state. The technical indicators specified in the bidding documents shall conform to the national compulsory standards.


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