Interpretation of bidding terms for construction projects
After the bidder checks the sealing condition of the bidding documents and confirms that it is correct, the relevant staff will open them in public, verify the bidding qualification, and read out the main contents such as the bidder's name and bidding price.
Bidders may make necessary explanations to the bidding documents, but the explanations shall not go beyond the scope recorded in the bidding documents or change the substantive contents of the bidding documents. The bid opening shall be recorded and filed for future reference. The bid evaluation shall be conducted in accordance with the provisions of the tender documents. The tenderee or tendering agency is responsible for setting up the bid evaluation committee. The bid evaluation committee is composed of representatives of the tenderee and experts in technology, economy and law hired by them, and the total number is generally an odd number of more than 5 people, of which no less than 2/3 are hired. Persons who have an interest in the bidder shall not enter the bid evaluation committee. The bid evaluation committee is responsible for bid evaluation. The bid evaluation committee shall examine all the bidding documents and make a ruling on the bidding documents that do not meet the requirements of the bidding documents.
The bid evaluation committee may require the bidder to make necessary clarification on the ambiguous places in the bid documents, but the clarification shall not go beyond the scope recorded in the bid documents or change the substantive contents of the bid documents. The bid evaluation committee shall evaluate and compare the bidding documents in accordance with the provisions of the bidding documents, and recommend one to three successful candidates to the tenderer.
The tenderer shall determine the winning bidder from the candidates recommended by the bid evaluation committee. The bid winner shall meet one of the following conditions: (1) Meet the requirements of the tender documents, and consider various preferential and tax factors, and offer the lowest bid price under reasonable conditions; (2) Meet the comprehensive evaluation criteria specified in the tender documents.
Except for the bid negotiation procedure, the tenderee or tendering agency shall not negotiate with the bidder on matters such as bid price and bid scheme before determining the winning bidder.
The tenderer or tendering agency shall notify all bidders in writing of the result of winning the bid. The tenderer and the winning bidder shall sign a written contract according to the provisions of the tender documents and the winning result. The bidder shall prepare the bidding documents in accordance with the provisions of the bidding documents. The tender documents shall specify the following items: (1) Letter of tender; (2) Qualification and credit certificate of the bidder; (3) Project proposal and description; (4) Bid price; 5] Bid bond or other forms of guarantee; [6] Other contents required in the tender documents.
The bidding documents shall be sealed and delivered to the bidding place before the specified deadline. The tenderee or tendering agency shall not open and return the bid documents received after the deadline for submission of bid documents. The tenderee or tendering agency shall sign for the bid documents for the record. Bidders have the right to require the tenderee or tendering agency to provide proof of receipt.
A bidder may withdraw, supplement or modify the submitted bid documents; However, a written notice shall be given to the tenderee or tendering agency before the deadline for submission of bidding documents. Public bidding shall issue a tender announcement. The tender announcement shall be published through newspapers or other media. The tender announcement shall contain the following items: (1) the name and address of the tenderer; The nature and quantity of the project subject to tender; (three) the location and time requirements of the project subject to tender; (four) the way, place and time to obtain the tender documents; 5] Fees charged by the tender documents; [6] Other matters that need to be announced.
A tenderer or an intermediary agency for tendering and bidding may pre-qualify a legal person or other organization that intends to bid, but shall publish a pre-qualification announcement through newspapers or other media. The prequalification announcement shall specify the following items: (1) the name and address of the tenderer; The nature and quantity of the project subject to tender; (three) the location and time requirements of the project subject to tender; (four) the way, place and time to obtain the prequalification documents; 5] Fees charged for pre-qualification documents; (6) The place and deadline for submitting the prequalification application; (7) Pre-qualification schedule; (eight) other matters that need to be notified. The above preliminary examination mainly examines whether the legal person or other organization interested in bidding has the ability to successfully perform the contract. Legal persons or other organizations interested in bidding shall submit documents or materials to the tenderee or tendering agency to prove their ability to successfully perform the contract. The tenderer or the tendering and bidding agency shall make a pre-trial decision on the legal person or other organization that submitted the application for pre-qualification. If the invitation bidding procedure is adopted, the tenderer shall generally issue invitations to bid to more than three legal persons or other organizations that are interested in bidding or have passed the pre-qualification.
If the bidding negotiation procedure is adopted, the tenderee shall generally issue a bid invitation letter to two or more legal persons or other organizations interested in bidding. The tenderee or tendering agency shall prepare the tender documents according to the requirements of the project subject to tender. The tender documents shall generally include the following contents: (1) Instructions to Bidders; The nature and quantity of the project subject to tender; (3) technical specifications; (4) Bid price requirements and its calculation method; 5] Criteria and methods for bid evaluation; (6) Time for delivery, completion or provision of services; Once the bidder shall provide relevant qualification and credit documents; The amount of bid bond or other forms of guarantee; Levies requirements for the preparation of bid documents; ⑽ The way, place and deadline for providing bid documents; ⑾ timetable for bid opening, bid evaluation and bid selection; ⑿ Contract format and main contract terms; (thirteen) other matters that need to be stipulated.
In the tender documents, the tenderee or tendering agency may require bidders to submit alternative tender documents at the same time as the tender documents that meet the requirements of the tender documents, but it shall make an explanation and stipulate the corresponding evaluation and comparison methods. The technical specifications specified in the tender documents shall adopt internationally or domestically recognized legal standards. The technical specifications specified in the tender documents shall not require or indicate specific patents, trademarks, names, designs, models and places of origin, and shall not favor or exclude the contents of legal persons or other organizations interested in bidding.
The tenderee or the tendering and bidding agency shall sell the tender documents at the time and place specified in the tender announcement or invitation to bid. Bidding documents will not be returned after they are sold. Except for force majeure, the tenderer or tendering agency shall not terminate the tender after issuing the tender announcement or invitation letter. Where the tenderee or tendering agency needs to clarify or make non-substantial amendments to the sold bidding documents, it shall generally notify all the buyers of the bidding documents in writing 5 days before the deadline for submission of bidding documents/kloc-0, and the clarification or amendment shall be an integral part of the bidding documents.
Generally, it shall not be less than 30 days from the date of issuing the tender announcement or invitation to bid to the date of submitting the tender documents.
For the same project subject to tender, the tenderee or tendering agency may conduct the tender in two stages. In the first stage, the tenderee or tendering agency shall require the legal person or other organization interested in bidding to submit the preliminary bidding documents without the bidding price, and list the technical, quality or other suggestions for the project subject to tender. The tenderee or tendering agency may discuss the contents of the preliminary bidding documents with the bidders. In the second stage, the tenderee or tendering agency shall provide the formal bidding documents to the bidders who submitted the preliminary bidding documents but were not rejected. The bidder or bidding agency shall submit the final bidding documents including the bidding price according to the requirements of the formal bidding documents.