[comprehensive] Which of the content providers must know?

The “Administrative Measures on Public Bidding for Public Procurement Goods and Services” (Ministry of Finance Decree No. 87) was promulgated and will come into effect on October 1, 2017. Which clauses are relevant to you in the bidding process? The Government Procurement Information Network/Network reporter sorts out what the purchaser should know:

1. The bidder shall prepare bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall clearly respond to the requirements and conditions set forth in the bidding documents. (Article 32)

2. The bidder shall seal the bid documents to the bidding place before the deadline for submission of bid documents required in the bidding documents. After receiving the bid documents, the purchaser or procurement agency shall truthfully record the time of delivery and the sealed condition of the bid documents, sign for receipt and preservation, and issue the contract holders with signatures for the receipt and return of the bid documents. No unit or individual may open bid documents before opening the bid. For bid documents that have been delivered late or have not been sealed in accordance with the requirements of the bidding documents, the purchaser and procurement agency shall reject the bid documents. (Article 33)

3. The bidder may supplement, revise or withdraw the submitted bid documents before the deadline for bid submission, and notify the purchaser or procurement agency in writing. The contents of supplements and amendments shall be signed, sealed and sealed in accordance with the requirements of the bidding documents as part of the bidding documents. (Article 34)

4. The bidder intends to subcontract the non-subject and non-key tasks of the successful bid item according to the provisions of the bidding documents and the actual conditions of the procurement project, and shall clearly indicate the subject of subcontracting and bear the subcontract in the bidding documents. The entity should have the appropriate qualifications and not be subcontracted again. (Article 35)

5. The bidder shall abide by the principle of fair competition, shall not maliciously collude, may not obstruct the competitive activities of other bidders, and may not damage the legitimate rights and interests of the purchaser or other bidders. (Article 36)

6. In one of the following cases, the bidder is deemed to be in collusion with the bid and its bid is invalid: (1) The bid documents of different bidders are prepared by the same unit or individual; (2) Different bidders commission the same unit or individual to handle bid matters. (3) The project management members or associated personnel 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 price is in a regular difference; (5) The bids of different bidders The documents are mixed with each other; (6) The bid bonds of different bidders are transferred from the accounts of the same unit or individual. (Article 37)

7. If the bidder withdraws the submitted bid documents before the deadline for bid submission, the purchaser or procurement agency shall return the bid security deposit received within 5 working days from the date of receiving the notice of the bidder's written withdrawal. The bidder’s own reasons cannot be returned in time.

The purchaser or procurement agency shall refund the bid bond of the unsuccessful bidder within 5 working days from the date of issuance of the bid-winning notice, return the bid bond bid of the bid-winner within 5 working days from the date of signing the procurement contract or turn it into a bid winner. Man's performance bond.

If the purchaser or purchasing agency refunds the bid security overdue, in addition to refunding the principal of the bid security, it shall also pay the over-expenditure fund occupation fee at a rate of 20% above the benchmark lending rate of the People's Bank of China during the same period, but due to the bidder’s own reasons. Unable to return in time. (Article 38)

8. When opening a bid, the bidder or its elected representative shall check the sealed condition of the bid document; after confirmation, the purchaser or the procurement agency staff shall demolish in public and announce the name of the bidder, the bid price and the provisions of the bidding documents. The other content that needs to be announced. If there are less than 3 bidders, no bid opening will be allowed. (Article 41)

9. The bid opening process shall be recorded by the purchaser or purchasing agency, and shall be signed and confirmed together with the representatives of the bidders participating in the bid opening and relevant staff members and be filed together with the purchase documents.

Where the bidder’s representative has doubts about the opening of bids and the opening of bids, and considers that the procurement staff and the relevant staff of the procurement agency are in need of evasion, they shall ask the court or evade the application. Purchasers and purchasing agencies shall timely handle the inquiry or withdrawal request submitted by the bidder's representative.

If the bidder does not participate in the bid opening, it shall be deemed as the result of the opening of the bid. (Article 42)

10. In the case of unclear meaning in the bid documents, inconsistent representation of similar problems, or obvious textual or computational errors, the bid evaluation committee shall require bidders in written form to make necessary clarifications, explanations, or corrections. The bidder's clarification, explanation or correction shall be in writing and affixed with official seals, or signed by the legal representative or his authorized representative. The bidder's clarification, explanation or correction must not exceed the scope of the bid document or change the substantive content of the bid document. (Article 51)

11. If the lowest evaluation price method is adopted, the evaluation results shall be ranked according to the lowest bid price. Bid offer the same side-by-side. The bidder whose bidding documents meet all the substantive requirements of the bidding documents and the lowest bid price is the number one bid winner. (Article 56)

12. If the comprehensive scoring method is adopted, the evaluation results will be arranged in descending order of scores after evaluation. If the scores are the same, they should be ranked in descending order of bid price. A tie that scores and has the same bid price. The bid documents meet all the substantive requirements of the bidding documents, and the bidder with the highest score according to the quantitative indicators of the evaluation factors is the winning candidate who ranked first. (Article 57)

13. The bidder has one of the following conditions, and the bid is invalid: (1) The bid security has not been submitted in accordance with the provisions of the bidding documents; (2) The bid documents have not been signed or sealed according to the requirements of the bidding documents; (4) If the quotation exceeds the budget amount or the maximum price as stipulated in the bidding documents; (5) The bidding documents contain any additional conditions that the buyer cannot accept; (6) Laws, regulations and bidding documents The other invalid conditions specified. (Article 63)

14. After the issuance of the bid-winning notice, the purchaser shall not illegally change the result of winning the bid, and the bid winner may not abandon the winning bid without justified reasons. (Article 70)

15. The government procurement contract shall include the name of the purchaser and the successful bidder, address, subject matter, quantity, quality, price or remuneration, deadline and place of performance, acceptance requirements, liability for breach of contract, and methods for resolving disputes. (Article 72)

16. The purchaser and the successful bidder shall perform the contractual obligations according to the contract. The "Contract Law of the People's Republic of China" applies to the performance of government procurement contracts, liability for breach of contract, and methods for resolving disputes. (Article 73)

17. The purchaser shall check and accept the purchase 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 agencies involved in the inspection and acceptance shall be filed as reference materials for the acceptance documents. (Article 74)

18. The purchaser shall strengthen the performance management of the successful bidder and, in accordance with the stipulations of the procurement contract, timely pay the bid winner the purchase funds. For the behavior of the successful bidder in violation of the procurement contract, the purchaser shall promptly handle it and pursue the liability for breach of contract in accordance with the law. (Article 75)

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

20. If the provisions of the present Measures are calculated on a daily basis, the starting day will not be counted and will be calculated from the next day. The last day of the time limit is the national legal holiday. The next day after the holiday is the last day of the time limit. (Article 85)

21. The “above”, “below”, “inside”, and “inside” mentioned in the present Measures shall include this number; the so-called “insufficiency” shall not include this number. (Article 86)