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Decree No. 87 of the Ministry of Finance of the People's Republic of China-Measures for the Administration of Bidding and Tendering of Government Procurement Goods and Services

Published: 2017-07-19 09:04:51 Author: Stand edit Views: Times

中华人民共和国财政部办公厅 General Office of the Ministry of Finance of the People's Republic of China

Decree No. 87 of the Ministry of Finance of the People's Republic of China

Decree No. 87 of the Ministry of Finance of the People's Republic of China
——Administrative Measures for Bidding and Tendering of Government Procured Goods and Services

号)进行了修订,修订后的《政府采购货物和服务招标投标管理办法》已经部务会议审议通过。 The Ministry of Finance has revised the “Administrative Measures for Tendering and Bidding of Government Procurement of Goods and Services” (Order of the Ministry of Finance No. 18 ).101日起施行。 It is hereby announced that it will be implemented as of October 1 , 2017 .

Xiao Jie

711July 11 , 2017


  Chapter I General Provisions

Article 1 In order to regulate the procurement behavior of government procurement parties, strengthen the supervision and management of bidding and tendering activities for government procurement of goods and services, and safeguard the national interests, public interests and the lawful rights and interests of parties to government procurement tendering and bidding activities, The Procurement Law (hereinafter referred to as the Government Procurement Law), the Regulations for the Implementation of the Government Procurement Law of the People's Republic of China (hereinafter referred to as the Regulations for the Implementation of the Government Procurement Law), and other relevant laws and regulations provide that these Measures shall be formulated.

Article 2 These Measures apply to the bidding and tendering activities of government procurement of goods and services (hereinafter referred to as goods services) within the territory of the People's Republic of China.

Article 3 Tendering for goods and services is divided into open tendering and invitational tendering.

Public bidding refers to a procurement method in which a purchaser invites unspecified suppliers to participate in bidding in the form of a tender announcement in accordance with the law.

家以上供应商,并以投标邀请书的方式邀请其参加投标的采购方式。 Inviting bidding refers to a procurement method in which a purchaser randomly selects three or more suppliers from suppliers that meet the corresponding qualifications and invites them to participate in bidding in the form of an invitation to bid.

省、自治区、直辖市人民政府根据实际情况,可以确定分别适用于本行政区域省级、设区的市级、县级公开招标数额标准。 Article 4 For government procurement projects that belong to the local budget, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may determine the amount of public bidding standards applicable to the provincial, district, and municipal and county levels of the administrative region according to actual conditions.

Article 5 The purchaser shall implement government procurement policies such as energy conservation, environmental protection, support for underdeveloped regions and ethnic minority areas, and promotion of the development of small and medium-sized enterprises in the bidding and tendering of goods and services.

Article 6 The purchaser shall establish and improve the internal control system of government procurement in accordance with the requirements of the internal control specifications of administrative institutions, and formulate government procurement budgets and implementation plans, determine procurement needs, organize procurement activities, perform acceptance inspections, respond to queries, and cooperate Complaint handling and supervision and inspection have strengthened internal control management.

The purchaser shall not solicit or accept from the supplier gifts, rebates or other goods and services not related to the purchase.

Article 7 The purchaser shall determine the attributes of the procurement item in accordance with the "Category of Catalogue of Government Procurement Items" formulated by the Ministry of Finance. If it cannot be determined according to the "Category of Government Procurement Items", it shall be determined in accordance with the principles conducive to the implementation of procurement projects.

Article 8 Where a purchaser entrusts a procurement agency to conduct bid invitations, the procurement agency shall carry out procurement activities in accordance with the law within the scope entrusted by the purchaser.

Procurement agencies and their branches shall not bid on behalf of the procurement projects they represent, or provide bidding consultations for the bidders of the procurement projects they represent to participate in this project.

Chapter II Bidding

Article 9 For government procurement projects that are not included in the centralized procurement catalog, the purchaser may invite bids on its own, or may entrust a procurement agency to act as an agent within the scope of the entrustment.

Where a purchaser organizes and conducts bidding activities on its own, it shall meet the following conditions:

(1) Having the ability and conditions for preparing tender documents and organizing tenders;

(2) There are professionals suitable for the professionalism of the procurement project.

Article 10 The purchaser shall conduct a market survey on the market technology or service level, supply, price, etc. of the subject matter of the purchase, and scientifically and reasonably determine the procurement needs based on the survey situation, asset allocation standards, and price calculation.

Article 11 The procurement requirements shall be complete and clear, including the following:

(1) the functions or objectives to be achieved in the procurement target, and the requirements to be fulfilled in order to implement the government procurement policy;

(2) The relevant national standards, industry standards, local standards or other standards and specifications to be implemented in the procurement target;

(3) Quality, safety, technical specifications, physical characteristics and other requirements to be met by the purchase target;

(4) the quantity of the purchase target, the time and place for the delivery or implementation of the purchase item;

(5) requirements for service standards, deadlines, and efficiency required by the procurement target;

(6) Acceptance criteria for purchase targets;

(7) Other technical and service requirements of the purchase target.

Article 12 The purchaser may reasonably set the maximum price limit within the purchase budget amount, but may not set the minimum price limit, based on the price measurement.

Article 13 The public tender announcement shall include the following main contents:

(1) the name, address and contact method of the purchaser and the procurement agency it entrusts;

(2) Where the maximum price is set for the name and budget of the procurement project, the maximum price shall also be disclosed;

(3) the procurement requirements of the purchaser;

(4) Qualification requirements of bidders;

(5) the time limit, place, method and price of obtaining the bidding documents;

(6) Deadline for announcement;

(7) Deadline for bid submission, time and place for bid opening;

(8) Name and phone number of the contact person for the procurement project.

家以上供应商向其发出投标邀请书: Article 14 In the case of invitation to bid, the purchaser or procurement agency shall generate a list of qualified suppliers through the following methods, and randomly select three or more suppliers to issue invitations to them:

(1) Call for announcement of pre-qualification announcement;

(2) Select from a supplier database established by the financial department of the people's government at or above the provincial level (hereinafter referred to as the financial department);

(3) The written recommendation of the purchaser.

Where a list of qualified suppliers is generated using the first paragraph of the preceding paragraph, the purchaser or procurement agency shall pre-qualify potential bidders in accordance with the standards and methods specified in the pre-qualification documents.

Where the first or second or third method is used to generate a list of qualified suppliers, the total number of alternative qualified suppliers shall not be less than twice the total number of suppliers to be randomly selected.

Random selection refers to the selection of suppliers by means of lottery, which can ensure equal opportunities for all qualified suppliers. When randomly selecting suppliers, there should be no less than two staff members of the purchaser on site to supervise and form a written record, which shall be archived along with the procurement documents.

Invitations to bid shall be issued to all invited suppliers at the same time.

Article 15 The pre-qualification announcement shall include the following main contents:

(1) the contents of items 1 to 4, 6 and 8 of Article 13 of these Measures;

(2) the time limit, place and method for obtaining pre-qualification documents;

(3) Deadline, place and date for submitting prequalification application documents.

个工作日。 Article 16 The announcement period of the bid invitation announcement and pre-qualification announcement is 5 working days. The content of the announcement shall be based on the announcement issued by the media designated by the financial department at or above the provincial level. The announcement period shall be counted from the date when the media designated by the financial department at or above the provincial level issue the announcement first.

Article 17 The purchaser or procurement agency shall not take the bidder's registered capital, total assets, operating income, employees, profits, tax amount and other scale conditions as qualification requirements or evaluation factors, and shall not pass any Manufacturers' authorizations, commitments, certifications, endorsements, etc. are required as qualification requirements to implement differential or discriminatory treatment for bidders.

个工作日。 Article 18 The purchaser or procurement agency shall provide the bidding documents or prequalification documents at the time and place specified in the bid invitation announcement, prequalification announcement or invitation to bid, and the deadline for providing the bidding documents shall not be calculated from the date of publication of the bid invitation announcement or prequalification announcement. Less than 5 working days. 家的,可以顺延提供期限,并予公告。 After the expiry of the deadline, if there are less than three potential bidders who have obtained the bidding documents or pre-qualification documents, the deadline may be postponed and an announcement shall be made.

In the case of public bidding for pre-qualification, the bid invitation announcement and pre-qualification announcement may be combined and issued, and the bidding documents shall be provided to all suppliers that have passed the pre-qualification review.

Article 19 The purchaser or the procurement agency shall, according to the implementation requirements of the procurement project, indicate in the bid invitation announcement, pre-qualification announcement or bid invitation whether to accept the consortium bid. If it is not specified, the consortium shall not refuse to bid.

Article 20 The purchaser or procurement agency shall compile the bidding documents according to the characteristics of the procurement project and the procurement requirements. The bidding documents shall include the following main contents:

(1) Invitation to bid;

(2) Notice to bidders (including the requirements for sealing, signing and stamping bid documents);

(3) Qualification and credit certification documents that bidders should submit;

(4) In order to implement the government procurement policy, the requirements to be met for the procurement target, and the certification materials required by the bidder;

(5) Requirements for the preparation of bid documents, bid quotation requirements, the payment and return of bid deposits, and the non-refundability of bid deposits;

(6) Where the maximum amount of the purchase project budget is set, the maximum price shall also be disclosed;

(7) Technical specifications, quantities, service standards, acceptance requirements of procurement items, including attachments, drawings, etc .;

(8) the text of the contract to be signed;

(9) the time, place and method of providing goods and services;

(10) Payment methods, time and conditions for the purchase funds;

(11) Bid evaluation methods, bid evaluation standards and invalidity of bids;

(12) the validity period of the bid;

(13) Deadline for bid submission, time and place for bid opening;

(14) Standards and methods for collecting agency fees of procurement agencies;

(15) Channels and deadlines for inquiring credit information of bidders, specific ways of keeping credit information inquiry records and evidence, and rules for using credit information;

(16) Other matters stipulated by financial departments above the provincial level.

For the substantive requirements and conditions that do not allow deviation, the purchaser or the procurement agency shall stipulate it in the bidding documents and indicate it in a conspicuous manner.

Article 21 The purchaser or procurement agency shall compile pre-qualification documents based on the characteristics of the procurement project and procurement requirements. The pre-qualification documents shall include the following main contents:

(1) Invitation for pre-qualification;

(2) Notes for applicants;

(3) Qualification requirements of the applicant;

(4) Qualification review standards and methods;

(5) The content and format of the prequalification application documents that the applicant should provide;

(6) The method, deadline, place and date for submitting pre-qualification application documents;

(7) Contents of the applicant's credit information inquiry channels and deadlines, specific ways of credit information inquiry records and evidence retention, and rules for using credit information;

(8) Other matters stipulated by financial departments above the provincial level.

The pre-qualification documents shall be provided free of charge.

Article 22 Purchasers and procurement agencies are generally not allowed to request bidders to provide samples, except for special circumstances such as failure to accurately describe procurement requirements in written form or subjective judgment of samples to confirm whether they meet procurement requirements.

If bidders are required to provide samples, the bidding documents shall clearly specify the standards and requirements for sample production, whether it is necessary to submit relevant test reports, sample evaluation methods, and evaluation standards with the samples. Where it is necessary to submit a test report with the sample, the requirements of the testing agency and the content of the test shall also be specified.

After the procurement activities are completed, the samples provided by the unsuccessful bidder shall be returned in time or processed without the consent of the successful bidder; the samples provided by the successful bidder shall be stored and sealed in accordance with the provisions of the bidding documents and used as a reference for performance acceptance .

Article 23 The valid period of a bid shall be counted from the deadline for submission of bid documents. The valid period of bidding promised in the bidding documents shall be no less than the valid period of bidding stated in the bidding documents. If the bidder revokes the bidding documents within the validity period of the bidding, the purchaser or purchasing agency may not refund the bid security.

Article 24 The selling price of bidding documents shall be determined in accordance with the principle of making up and mailing costs. It shall not be used for profit, and the amount of bidding procurement shall not be used as the basis for determining the selling price of bidding documents.

Article 25 The content of bid invitation documents and pre-qualification documents shall not violate laws, administrative regulations, mandatory standards, government procurement policies, or violate the principles of openness, transparency, fair competition, fairness, and good faith.

In the circumstances described in the preceding paragraph, which affect the bidding or prequalification results of potential bidders, the purchaser or procurement agency shall revise the bidding documents or prequalification documents and re-bid.

Article 26 The purchaser or procurement agency may organize a site inspection of potential bidders who have obtained the bidding documents or hold a question-and-answer session before the bid opening after the deadline for the submission of bidding documents.

Where an on-site inspection is organized or a question-and-answer meeting is held, it shall be stated in the bidding documents, or all potential bidders who have obtained the bidding documents shall be notified in writing after the deadline for the submission of bidding documents.

Article 27 The purchaser or procurement agency may make necessary clarifications or amendments to the issued bidding documents, pre-qualification documents, and invitations to bid, but may not change the subject matter and qualifications of the procurement. Clarifications or amendments shall be made on the original announcement media. The clarifications or amendments are part of the bidding documents, pre-qualification documents, and invitations to bid.

日前,以书面形式通知所有获取招标文件的潜在投标人;不足15日的,采购人或者采购代理机构应当顺延提交投标文件的截止时间。 If the clarification or amendment may affect the preparation of bidding documents, the purchaser or the procurement agency shall notify all potential bidders who have obtained the bidding documents at least 15 days before the deadline for bidding; if less than 15 days, the purchaser or the procurement agent Institutions should postpone the deadline for submitting bidding documents.

日前,以书面形式通知所有获取资格预审文件的潜在投标人;不足3日的,采购人或者采购代理机构应当顺延提交资格预审申请文件的截止时间。 If the clarification or modification may affect the preparation of prequalification application documents, the purchaser or procurement agency shall notify all potential bidders who have obtained prequalification documents in writing at least 3 days before the deadline for submission of prequalification application documents; less than 3 days If it is, the purchaser or procurement agency shall postpone the deadline for submitting prequalification application documents.

Article 28 Prior to the deadline for bidding, purchasers, procurement agencies and related personnel shall not disclose to others the names and numbers of potential bidders who have obtained bidding documents, and other circumstances related to bidding that may affect fair competition.

Article 29 After issuing a bid invitation announcement, pre-qualification announcement or bid invitation, a purchaser or a procurement agency shall not terminate bid invitation activities without authorization, except for cancellations of procurement tasks due to major changes.

If the bidding is terminated, the purchaser or the procurement agency shall promptly issue a termination notice on the original announcement media, notify the potential bidders who have obtained the bidding documents, prequalification documents or invitations in writing, and cancel the project implementation and procurement tasks The reason is reported to the financial department at this level. 个工作日内,退还所收取的招标文件费用和所收取的投标保证金及其在银行产生的孳息。 If the bidding document fee or bid security deposit has been collected, the purchaser or procurement agency shall refund the bidding document fee collected and the bid security deposit collected and its interest generated in the bank within 5 working days after the termination of the procurement activities.

Chapter III Bidding

Article 30 Bidders are legal persons, other organizations or natural persons who respond to bid invitations and participate in bid competitions.

Article 31 For procurement projects using the lowest bid evaluation method, if different bidders offering the same brand of products participate in the bidding under the same contract, the bid evaluation that passes the qualification review, compliance review, and the lowest bid will be used; If the bidder or commissioner entrusts the bid evaluation committee to determine a bidder to participate in the bid evaluation in the manner prescribed in the bidding documents, the bidding documents are not determined by random selection, and other bids are invalid.

Purchasing items using the comprehensive scoring method, where different bidders who provide the same brand of products and pass the qualification and compliance checks participate in the bidding under the same contract, calculated according to one bidder, and the bidder with the highest score after the review wins the bidder Recommendation qualification; if the evaluation score is the same, the purchaser or the purchaser shall entrust the bid evaluation committee to determine a bidder to obtain the winning bidder's recommendation qualification according to the method specified in the bidding documents. The bidding documents are not determined by random selection. Other bidders of the same brand Not as a successful candidate.

For non-single product procurement projects, the purchaser shall reasonably determine the core products according to the technical composition of the procurement project and the proportion of product prices, and shall specify them in the bidding documents. If the core product brands provided by multiple bidders are the same, they shall be handled in accordance with the provisions of the preceding two paragraphs.

Article 32 Bidders shall prepare bid documents in accordance with the requirements of the bid invitation documents. The bidding documents shall clearly respond to the requirements and conditions raised in the bidding documents.

Article 33 The bidder shall send the bidding documents to the bidding place in a sealed form before the deadline for submission of bidding documents required by the bidding documents. After receiving the bid documents, the purchaser or procurement agency shall truthfully record the time of delivery and seal of the bid documents, sign the receipt and keep it, and issue a signing receipt to the bidder. No unit or individual may open the bidding documents before the bid opening.

If the bidding documents are delivered after the deadline or have not been sealed in accordance with the requirements of the bidding documents, the purchaser and purchasing agency shall refuse to accept them.

Article 34 Before the deadline for bidding, the bidder may supplement, modify or withdraw the submitted bidding documents, and notify the purchaser or the procurement agency in writing. The supplementary and revised contents shall be signed, sealed and sealed in accordance with the requirements of the bidding documents, and shall be used as an integral part of the bidding documents.

Article 35 If a bidder intends to subcontract non-principal and non-critical work of the winning project after winning the bid according to the provisions of the bidding documents and the actual situation of the procurement project, it shall specify the subcontracting entity in the bidding document. The subcontracting entity shall have the corresponding qualifications and shall not subcontract again.

Article 36 Bidders shall follow the principle of fair competition, shall not engage in malicious collusion, shall not obstruct the competition of other bidders, and shall not damage the legitimate rights and interests of the purchaser or other bidders.

If the bidder is found to have the above-mentioned situation during the bid evaluation process, the bid evaluation committee shall determine that the bid is invalid and report it in writing to the financial department at the same level.

Article 37 In any of the following circumstances, the bidder shall be deemed to be in collusion with the bidder, and his bid shall be invalid:

(1) The bidding documents of different bidders are prepared by the same unit or individual;

(2) different bidders entrust the same unit or individual to handle bidding matters;

(3) The project management members or associates specified in the bid documents of different bidders are the same person;

(4) The bid documents of different bidders are abnormally consistent or the bid quotes are regularly different;

(5) Mixed bidding documents of different bidders;

(6) The bid deposits of different bidders are transferred from the accounts of the same unit or individual.

Article 38 If a bidder withdraws the submitted bidding documents before the deadline for bidding, the purchaser or procurement agency shall return the bid security deposit received within 5 working days from the date of receipt of the bidder's written notice of withdrawal. , Except for those that cannot be returned in a timely manner due to the bidder's own reasons.

个工作日内退还未中标人的投标保证金,自采购合同签订之日起5个工作日内退还中标人的投标保证金或者转为中标人的履约保证金。 The purchaser or the procurement agency shall return the bid security of the unsuccessful bidder within 5 working days from the date of issuance of the bid winning notice, and shall return the bid security of the successful bidder or convert to the successful bid within 5 working days from the date of the purchase contract sign Human performance bond.

%后的利率支付超期资金占用费,但因投标人自身原因导致无法及时退还的除外。 If the purchaser or the procurement agency returns the bid security deposit overdue, in addition to the principal of the bid security deposit, the overdue capital occupation fee shall be paid at the interest rate after the benchmark interest rate of the People's Bank of China has increased by 20 % over the same period, but the bidder ’s own reasons Except those that cannot be returned in time.

Chapter IV Bid Opening and Evaluation

Article 39 The bid opening shall be carried out at the same time as the deadline for submission of bidding documents determined in the bidding documents. The place of bid opening shall be the place predetermined in the bidding documents.

The purchaser or procurement agency shall record and record the entire process of the bid opening and bid evaluation site activities. The audio and video recordings shall be legible and the audiovisual materials shall be archived together as procurement documents.

Article 40 The bid opening shall be presided over by the purchaser or procurement agency, and bidders shall be invited to participate. Members of the bid evaluation committee shall not participate in bid opening activities.

Article 41 When the bid is opened, the bidder or the representative selected by him shall check the sealing of the bidding documents. After confirmation, the purchaser or the staff of the procurement agency shall open the seal in public and announce the bidder's name, bid price and Other content required to be announced in the bidding documents.

家的,不得开标。 If there are less than 3 bidders, bids shall not be opened.

Article 42 The bid opening process shall be recorded by the purchaser or procurement agency, and shall be filed with the purchase documents after being signed and confirmed by the representatives of the bidders participating in the bid opening and relevant staff.

If the bidder's representative has doubts about the bid opening process and the bid opening record, and believes that the purchaser and the relevant staff of the procurement agency need to be avoided, he shall make an inquiry or avoid the application on the spot. Inquiries or withdrawal requests from the bidder's representative by the purchaser or procurement agency shall be processed in a timely manner.

If the bidder fails to participate in the bid opening, it shall be deemed as the result of the approval of the bid opening.

家或者通过资格审查或符合性审查的投标人不足3家的,除采购任务取消情形外,按照以下方式处理: Article 43 If there are less than 3 bidders or less than 3 bidders who have passed the qualification or compliance review after the deadline for bidding for procurement items above the standard of open bidding, they shall be dealt with in the following ways, except for cancellation of procurement tasks:

(1) If there are unreasonable clauses in the bidding documents or the bidding procedures do not meet the requirements, the purchaser and the procurement agency shall re-bid according to law after corrections;

(2) If there are no unreasonable clauses in the bidding documents, and the bidding procedures are in compliance with the regulations, and other procurement methods are needed, the purchaser shall report to the financial department for approval in accordance with the law.

Article 44 After the bid opening of a public bidding procurement project is completed, the purchaser or procurement agency shall review the qualifications of the bidder in accordance with law.

家的,不得评标。 If there are less than 3 qualified bidders, bid evaluation is not allowed.

Article 45 The purchaser or procurement agency shall be responsible for organizing the bid evaluation and perform the following duties:

(1) Check the status of the review expert and the authorization letter of the purchaser's representative, record the performance of the review expert's responsibilities in government procurement activities, and report the relevant violations to the financial department in a timely manner;

(2) Announcing the bid evaluation discipline;

(3) Announcing the list of bidders and informing the review experts of the circumstances that should be avoided;

(4) Organizing the bid evaluation committee to select the bid evaluation team leader, and the purchaser's representative shall not be the team leader;

(5) adopt necessary communication management measures during bid evaluation to ensure that bid evaluation activities are not interfered by outside parties;

(6) Introduce relevant government procurement policies and tender documents according to the requirements of the bid evaluation committee;

(7) Maintaining the order of bid evaluation, supervising the bid evaluation committee to conduct independent review in accordance with the bid evaluation procedures, methods and standards stipulated in the bidding documents, and to promptly stop and correct the tendencies or illegal acts of purchaser representatives and review experts;

(8) To check the results of the bid evaluation, if there is a circumstance specified in Article 64 of these Measures, request the bid evaluation committee to review or explain the reasons in writing. If the bid evaluation committee refuses, it shall be recorded and reported to the financial department at the same level;

(9) After the review work is completed, pay the labor compensation and travel review expenses to the review experts in accordance with the regulations, and shall not pay the review labor compensation to anyone other than the review experts;

(10) Handling other matters related to bid evaluation.

The purchaser may explain the project background and procurement requirements before the bid evaluation, and the content of the description shall not contain discriminatory or biased opinions, and shall not exceed the scope stated in the bidding documents. Instructions should be submitted in writing and archived with the procurement documents.

Article 46 The bid evaluation committee is responsible for specific bid evaluation matters and independently performs the following duties:

(1) Examining and evaluating whether the bid documents meet the substantive requirements for business and technology of the bid documents;

(2) requesting the bidder to clarify or explain the matters related to the bidding documents;

(3) comparing and evaluating bidding documents;

(4) determining the list of successful candidates, and directly determining the successful bidders as entrusted by the purchaser;

(5) Reporting to the purchaser, purchasing agency or relevant departments of illegal acts found in the evaluation of bids.

人以上单数,其中评审专家不得少于成员总数的三分之二。 Article 47 The bid evaluation committee is composed of purchaser representatives and evaluation experts. The number of members shall be a single number of 5 or more, of which the evaluation experts shall not be less than two-thirds of the total number of members.

人以上单数: If the procurement project meets one of the following conditions, the number of members of the bid evaluation committee shall be 7 or more.

万元以上; (1) the procurement budget amount is more than 10 million yuan;

(2) the technology is complicated;

(3) The social impact is greater.

The evaluation expert can only participate in the bid evaluation as the purchaser's representative for the procurement project of the unit, except in the circumstances specified in the second paragraph of Article 48 of these Measures. The staff of the procurement agency shall not participate in the bid evaluation of government procurement projects that are represented by this agency.

The list of members of the bid evaluation committee shall be kept secret until the results of the bid evaluation are announced.

Article 48 The purchaser or procurement agency shall randomly select review experts from the government procurement review expert database established by the financial department at or above the provincial level.

For technically complex and highly specialized procurement projects, where it is difficult to identify suitable review experts by random means, the purchaser may select the review experts in the corresponding professional field on their own with the consent of the competent budget unit.

Article 49 In the bid evaluation, due to the absence, avoidance, or health of the members of the bid evaluation committee, the bid evaluation committee's composition does not comply with the provisions of these Measures, the purchaser or procurement agency shall continue to evaluate the bid after making up according to law. The bid evaluation opinions made by the replaced bid evaluation committee members are invalid.

If it is not possible to make up the members of the bid evaluation committee in a timely manner, the purchaser or procurement agency shall stop bid evaluation activities, seal all bidding documents and materials for bid opening and bid evaluation, and re-establish a bid evaluation committee for bid evaluation in accordance with law. The original bid evaluation opinion made by the bid evaluation committee is invalid.

The purchaser or the procurement agency shall record the changes and re-establishment of the bid evaluation committee, and file them with the procurement documents.

Article 50 The bid evaluation committee shall conduct a compliance review on the bidding documents of qualified bidders to determine whether they meet the substantive requirements of the bidding documents.

Article 51 The bid evaluation committee shall require the bidder to make necessary clarifications, explanations or corrections for the content in the bidding documents with unclear meaning, inconsistent expressions of similar problems, or obvious words and calculation errors.

The bidder's clarification, explanation or correction shall be in written form and affixed with the official seal or signed by the legal representative or its authorized representative. The bidder's clarification, explanation or correction shall not exceed the scope of the bidding documents or change the substantive content of the bidding documents.

Article 52 The bid evaluation committee shall, in accordance with the bid evaluation methods and standards specified in the bid invitation documents, conduct commercial and technical evaluations of the bid documents that have passed the compliance review, and make comprehensive comparisons and evaluations.

Article 53 The bid evaluation methods are divided into the lowest bid evaluation method and the comprehensive scoring method.

Article 54 The minimum bid evaluation method refers to the bid evaluation method in which the bid documents meet all the substantive requirements of the bid documents and the bidder with the lowest bid price is the successful candidate.

For goods and services items with uniform standards in technology and service, the lowest bid evaluation method shall be adopted.

When the lowest bid evaluation method is used for bid evaluation, except for the arithmetic deduction and the price deduction required to implement the government procurement policy, no adjustment can be made to the bidder's bid price.

Article 55 The comprehensive scoring method refers to the bid evaluation method in which the bid document meets all the substantive requirements of the bid document and the bidder with the highest score in accordance with the quantitative index of the review factors is the successful candidate.

The setting of the evaluation factors should be related to the quality of the goods and services provided by the bidder, including the bid quotation, technology or service level, performance capability, and after-sales service. Eligibility conditions must not be used as a review factor. The evaluation factors shall be specified in the bidding documents.

The review factors should be detailed and quantified, and should correspond to corresponding business conditions and procurement needs. Where business conditions and purchasing demand indicators are specified in intervals, the review factors shall be quantified to the corresponding intervals, and different scores corresponding to each interval shall be set.

During the bid evaluation, each member of the bid evaluation committee shall independently evaluate the bid documents of each bidder and summarize the scores of each bidder.

;服务项目的价格分值占总分值的比重不得低于10%The proportion of the price score of the goods item in the total score shall not be less than 30% ; the proportion of the price score of the service item in the total score shall not be less than 10% . For projects that implement national uniform pricing standards and purchase at fixed prices, their prices are not included in the review factor.

The price points shall be calculated using the low-price priority method, that is, the bid price that meets the requirements of the bidding documents and has the lowest bid price is the benchmark price for evaluation, and the price is divided into full marks. The price points of other bidders are uniformly calculated according to the following formula:

评标基准价/投标报价) × 100 Score of bid quotation = ( reference price of bid evaluation / bid quotation ) × 100

× A1F2 × A2 +……+ Fn × An Total bid evaluation score = F1 × A1 + F2 × A2 + ... + Fn × An

F2 …… Fn分别为各项评审因素的得分; F1 , F2 ...... Fn are the scores of various review factors;

A2 、…… An分别为各项评审因素所占的权重(A1A2 +……+ An1)A1 , A2 , ... An are the weights of each review factor (A1 + A2 + ... + An = 1) .

During the bid evaluation process, the highest and lowest quotes in the quote must not be removed.

If the price is adjusted due to the implementation of the government procurement policy, the adjusted price will be used to calculate the bid evaluation base price and bid quotation.

Article 56 Where the lowest bid evaluation method is adopted, the bid evaluation results are arranged in descending order of bid prices. The bids are the same juxtaposition. The bidder who meets all the substantive requirements of the bidding documents and has the lowest bidding price is the first successful candidate.

Article 57 In the case of the comprehensive scoring method, the evaluation results are arranged in the order of highest to lowest score after evaluation. If the scores are the same, the bids are listed in descending order. A tie that scores and has the same bid price. The bidding documents meet all the substantive requirements of the bidding documents, and the bidder with the highest evaluation score according to the quantitative index of the evaluation factors is the top winning candidate.

Article 58 The bid evaluation committee shall prepare a bid evaluation report based on the original bid evaluation records and the bid evaluation results signed by all members of the bid evaluation. The bid evaluation report should include the following:

(1) the media name, date and place of bid opening published in the tender announcement;

(2) List of bidders and members of the bid evaluation committee;

(3) Evaluation methods and standards;

(4) Records and descriptions of bid opening records and bid evaluations, including the list of invalid bidders and their reasons;

(5) the results of the bid evaluation, the list of the successful candidates identified or the successful bidders directly determined by the purchaser;

(6) Other situations that need to be explained, including clarifications, explanations or corrections made by bidders in accordance with the requirements of the bid evaluation committee during bid evaluation, and replacement of members of the bid evaluation committee.

Article 59 In the event of inconsistencies in the bidding documents, unless otherwise specified in the bidding documents, the following amendments shall be made:

(1) If the contents of the bid opening list (quotation form) in the bidding document are inconsistent with the corresponding content in the bidding document, the bid opening list (quotation form) shall prevail;

(2) If the capital amount and the lower case amount are inconsistent, the upper case amount shall prevail;

(3) If the decimal point or percentage of the unit price is obviously misaligned, the total price of the bid opening list shall prevail, and the unit price shall be revised;

(4) If the total price amount is inconsistent with the sum of the unit price, the calculation result of the unit price shall prevail.

If two or more inconsistencies occur at the same time, they shall be amended in the order prescribed in the preceding paragraph. The revised quotation will be binding upon confirmation by the bidder in accordance with the provisions of Article 51, paragraph 2 of these Measures. If the bidder does not confirm, the bid will be invalid.

Article 60 If the bid evaluation committee considers that the bidder's offer is significantly lower than those of other bidders who have passed the compliance review, which may affect the product quality or fail to perform in good faith, they shall be required to provide a written explanation within a reasonable time at the bid evaluation site If necessary, submit relevant certification materials; if the bidder cannot prove the reasonableness of its offer, the bid evaluation committee shall treat it as invalid bid.

Article 61 If members of the bid evaluation committee have disputes over matters that need to be jointly identified, they shall draw conclusions in accordance with the principle that the minority submits to the majority. Members of the bid evaluation committee with different opinions shall sign different opinions and reasons on the bid evaluation report, otherwise they shall be deemed to agree to the bid evaluation report.

Article 62 The bid evaluation committee and its members must not do the following:

(1) Make sure to contact the bidder privately before participating in bid evaluation;

(2) Accepting clarifications or explanations that are inconsistent with the bidding documents submitted by the bidder, except in the circumstances specified in Article 51 of these Measures;

(3) publishing biased opinions in violation of the bid evaluation discipline or seeking the biased opinions of purchasers;

(4) Negotiating and scoring subjective review factors that require professional judgment;

(5) Leaving his / her duty during the bid evaluation process and affecting the normal bid evaluation process;

(6) Recording, copying or taking away any bid evaluation materials;

(7) Other acts that do not observe the bid evaluation discipline.

If a member of the bid evaluation committee commits one of the first to fifth acts in the preceding paragraph, its evaluation opinions are invalid, and it is not possible to obtain remuneration for the evaluation of labor services and reimbursement of travel expenses for remote evaluation.

Article 63 A bidder shall be invalid if one of the following conditions exists :

(1) Failure to submit bid security in accordance with the provisions of the bidding documents;

(2) The bidding documents have not been signed and sealed in accordance with the requirements of the bidding documents;

(3) failing to meet the qualification requirements specified in the bidding documents;

(4) The quotation exceeds the budget amount or the maximum price limit specified in the bidding documents;

(5) The bidding documents contain additional conditions that the purchaser cannot accept ;

(6) Other invalid situations stipulated by laws, regulations and tender documents.

Article 64 After the bid evaluation results are summarized, no one may modify the bid evaluation results except in the following circumstances:

(1) Wrong calculation of scores;

(2) the sub-scores are beyond the scope of the scoring standard;

(3) The members of the bid evaluation committee do not agree with the objective evaluation factors;

(4) Those who are judged by the bid evaluation committee to have abnormally high or low scores.

Before signing the bid evaluation report, if one of the above situations is found after review, the bid evaluation committee shall modify the bid evaluation results on the spot and record it in the bid evaluation report; after the signing of the bid evaluation report, the purchaser or procurement agency finds that the above situations exist For one of them, the original bid evaluation committee should be organized to conduct a re-evaluation. If the results of the re-evaluation are changed, a written report should be made to the financial department at the same level.

If the bidder challenges the situation in the first paragraph of this article, the purchaser or purchasing agency may organize the original bid evaluation committee to conduct a re-evaluation, and if the re-evaluation changes the evaluation result, it shall report to the financial department at the same level in writing.

Article 65 If the bid evaluation committee finds that the bidding documents are ambiguous and have major defects that make the bid evaluation work impossible, or the content of the bidding documents violates the relevant national compulsory regulations, it shall stop the bid evaluation and communicate with the purchaser or the procurement agency and Make written records. After confirmation by the purchaser or the procurement agency, the bidding documents shall be modified to reorganize the procurement activities.

Article 66 The purchaser and the procurement agency shall take necessary measures to ensure that bid evaluations are conducted in strict confidentiality. Except for the purchaser's representative and the staff of the bid evaluation site, other staff members of the purchaser and persons who have nothing to do with the bid evaluation shall not enter the bid evaluation site.

Relevant personnel are responsible for maintaining the confidentiality of the state of bid evaluation and the state secrets and business secrets learned during the bid evaluation.

Article 67 If the bid evaluation committee or its members cause the bid evaluation result to be invalid under the following circumstances, the purchaser and the procurement agency may re-establish a bid evaluation committee to evaluate the bid and report in writing to the financial department at the same level, but the purchase contract has been performed Except for:

(1) The composition of the bid evaluation committee does not meet the requirements of these Measures;

(2) The circumstances under Articles 1 to 5 of Article 62 of these Measures;

(3) The bid evaluation committee and its members' independent bid evaluation have been illegally interfered with;

(4) Any illegal act stipulated in Article 75 of the Implementation Regulations of the Government Procurement Law.

The original members of the bid evaluation committee who have violated laws and regulations shall not participate in the re-established bid evaluation committee.

Chapter V Winning Bids and Contracts

个工作日内将评标报告送采购人。 Article 68 The procurement agency shall send the bid evaluation report to the purchaser within two working days after the bid evaluation is completed.

The purchaser shall, within 5 working days from the date of receiving the bid evaluation report, determine the bid winners in the order in the list of successful candidates determined in the bid evaluation report. If the winning bidders are juxtaposed, the purchaser or the purchaser shall entrust the bid evaluation committee to determine the winning bidder in the manner specified in the bidding documents; if the bidding documents are not specified, they shall be determined by random selection.

个工作日内确定中标人。 If the purchaser organizes the bidding on its own, the bid winner shall be determined within 5 working days after the bid evaluation is completed.

个工作日内未按评标报告推荐的中标候选人顺序确定中标人,又不能说明合法理由的,视同按评标报告推荐的顺序确定排名第一的中标候选人为中标人。 Within 5 working days of receiving the bid evaluation report, the purchaser fails to determine the successful bidder according to the order of the successful bidders recommended by the bid evaluation report, and cannot explain the legal reasons. The candidate is the successful bidder.

个工作日内,在省级以上财政部门指定的媒体上公告中标结果,招标文件应当随中标结果同时公告。 Article 69 The purchaser or procurement agency shall, within 2 working days from the date of the successful bidder's determination, announce the winning result in the media designated by the financial department at or above the provincial level, and the bidding documents shall be announced at the same time as the winning result.

The content of the announcement of the winning bid shall include the name, address, and contact information of the purchaser and the procurement agency it entrusted, the project name and project number, the name, address, and amount of the successful bidder, and the name, specification, quantity, and unit price of the main winning bid. , Service requirements, deadline for announcement of bids, and list of review experts.

个工作日。 The deadline for the announcement of the bid is 1 working day.

Inviting bidders and purchasers to use the written recommendation method to generate qualified potential bidders, the list of all recommended suppliers and the reasons for recommendation shall be announced at the same time as the winning bid.

At the same time as the announcement of the successful bid, the purchaser or the procurement agency shall send a notice of winning to the successful bidder; the bidder who fails the qualification examination shall be informed of the reason for the failure; if the evaluation is made by the comprehensive scoring method, the failure to notify shall also be notified. The winning bidder's own review score and ranking.

Article 70 After the notice of successful bid is issued, the purchaser shall not illegally change the result of the successful bid, and the successful bidder shall not abandon the successful bid without justified reasons.

日内,按照招标文件和中标人投标文件的规定,与中标人签订书面合同。 Article 71 The purchaser shall sign a written contract with the successful bidder in accordance with the provisions of the bid invitation documents and the successful bidder's bid documents within 30 days from the date of the issuance of the bid winning notice. The contract signed shall not substantially modify the matters identified in the bidding documents and the bidding documents of the successful bidder.

The purchaser shall not submit any unreasonable requirements to the successful bidder as conditions for signing the contract.

Article 72 The government procurement contract shall include the names and domiciles of the purchaser and the successful bidder, the subject matter, quantity, quality, price or remuneration, performance period and place and method, acceptance requirements, liability for breach of contract, and methods for resolving disputes.

Article 73 The purchaser and the successful bidder shall perform their contractual obligations in accordance with the contract.

The performance of government procurement contracts, liability for breach of contract, and methods of dispute settlement are applicable to the Contract Law of the People's Republic of China.

Article 74 The purchaser shall check and accept the procurement items in a timely manner. The purchaser may invite other bidders or third-party agencies participating in the project to participate in the acceptance. The opinions of the bidders or third-party institutions participating in the acceptance inspection shall be archived together as reference materials for the acceptance inspection.

Article 75 The purchaser shall strengthen the performance management of the successful bidder, and shall promptly pay the purchase fund to the successful bidder in accordance with the purchase contract. As for the successful bidder's violation of the purchase contract, the purchaser shall promptly handle it and investigate its liability for breach of contract in accordance with the law.

Article 76 The purchaser and the procurement agency shall establish a true and complete bidding procurement file and properly maintain the procurement documents for each procurement activity.

Chapter VI Legal Liability

Article 77 If the purchaser has any of the following circumstances, the financial department shall order it to make corrections within a time limit; if the circumstances are serious, a warning shall be given, and the person in charge directly responsible and other persons directly responsible shall be punished by their administrative department or relevant authorities in accordance with law And report it; if a crime is suspected, it shall be transferred to the judicial organ for processing:

(1) Failure to compile procurement requirements in accordance with the provisions of these Measures;

(2) Violating the provisions of Article 6, paragraph 2 of these Measures;

(3) Failure to determine the successful bidder within the prescribed time;

(4) An unreasonable request is made to the successful bidder as a condition for signing a contract.

倍、最高不超过3万元的罚款,没有违法所得的,可以处以1万元以下的罚款: Article 78 If a purchaser or a procurement agency has any of the following circumstances, the financial department shall order correction within a time limit. If the circumstances are serious, a warning shall be given. The person in charge directly responsible and other persons directly responsible shall be subject to their administrative department or Relevant authorities will give sanctions and notify them; if the procurement agency has illegal income, the illegal income will be confiscated, and a fine not exceeding three times the illegal income, up to a maximum of 30,000 yuan may be imposed ; The following fines:

(1) Violating the provisions of Article 8, paragraph 2 of these Measures;

(2) setting a minimum price;

(3) Failure to conduct pre-qualification review or qualification review in accordance with regulations;

(4) determining the selling price of the bidding documents in violation of the provisions of these Measures;

(5) Failure to record and record the entire process of bid opening and bid evaluation activities as required;

(6) Terminating bidding activities without authorization;

(7) Failure to open bids and organize bid evaluations in accordance with regulations;

(8) Failure to return the bid security in accordance with the regulations;

(9) Re-assessment in violation of the provisions of these measures or re-establishment of a bid evaluation committee for bid evaluation;

(10) Leaking the name and number of potential bidders who have obtained the bidding documents before the bid opening or other relevant bidding and bidding situations that may affect fair competition;

(11) Failure to properly maintain procurement documents;

(12) Other situations that violate the provisions of these Measures.

Article 79 If one of the illegal acts stipulated in Articles 77 and 78 of these Measures still affects or may affect the outcome of the successful bid after correction, it shall be in accordance with Article 71 of the Implementation Regulations of the Government Procurement Law deal with.

Article 80 If a party to government procurement violates the provisions of these Measures and causes losses to others, it shall bear civil liability in accordance with the law.

Article 81 If a member of the bid evaluation committee commits one of the acts listed in Article 62 of these Measures, the financial department shall order it to be corrected within a time limit; if the circumstances are serious, a warning shall be given and its bad behavior recorded.

Article 82 The financial department shall perform the duties of supervision and management of government procurement in accordance with law. In the performance of supervision and management duties by the financial department and its staff, there are illegal and disciplinary acts such as lazy government, abuse of power, neglect of duty, and favoritism, in accordance with the Government Procurement Law, the People's Republic of China Civil Service Law, The Supervision Law, the Implementation Regulations of the Government Procurement Law and other relevant national regulations shall be held responsible; if a crime is suspected, it shall be transferred to the judicial organ for handling.

Chapter VII Supplementary Provisions

Article 83 Special matters related to the electronic bidding and tendering of government procurement goods services and the bidding and bidding of imported mechanical and electrical products in government procurement goods shall be separately stipulated by the Ministry of Finance.

Article 84 The budget-in-charge unit mentioned in these Measures refers to the state organs, public institutions, and organizations that have the responsibility for preparing the budget of the department and report the budget to the financial department at the same level.

Article 85 If a period is calculated on a daily basis in these measures, it will not be counted on the day of commencement and will be calculated from the next day. If the last day of the period is a national holiday, it will be extended to the day after the holiday as the last day of the period.

Article 86   The "above", "below", "inside", "within" referred to in these measures include the number; the "insufficient" referred to in this measure does not include the number.

Article 87 The financial departments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific implementation measures in accordance with these Measures.

101日起施行。 Article 88 These Measures shall be implemented as of October 1 , 2017 .811日发布的《政府采购货物和服务招标投标管理办法》(财政部令第18号)同时废止。 The Measures for the Administration of Bidding and Tendering of Government Procurement Goods and Services issued by the Ministry of Finance on August 11 , 2004 (Order of the Ministry of Finance No. 18 ) shall be repealed simultaneously.

 


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