|
Circular on Distributing the Interim
Measures for Bid-Inviting and
Bidding Management of Preliminary Realty Management of the Ministry
of Construction
JianZhuFang [2003] No.130
June 26, 2003
Chapter I General Provisions
Article 1 The
Measures are formulated in order to regulate the
bid-inviting and bidding activities of the realty management, to
safeguard the legitimate rights and interests of the bid-inviting
and bidding parties, and to promote the fair competition of the
realty management market.
Article 2 The
preliminary realty management herein shall refer to
the realty management implemented by the realty management
enterprise engaged by the construction entity before the owners or
the owners’ commission select a realty management enterprise at its
own discretion.
The Measures shall apply when the construction entity selects the
realty management enterprises with the corresponding qualification
and when the administrative departments supervise and manage the
bid-invitation and bidding activities of the realty management
through bid-invitation and bidding.
Article 3 A construction entity of any residential and the
non-residential realty in a same realty management area shall select
the realty management enterprise with the corresponding
qualification through bid-invitation and bidding; and where there
are no more than 3 bidders or the residence scale is relatively
small, the construction entity may select the realty management
enterprise with the corresponding qualifications through agreement
upon approval by the administrative department of real estate of the
people’s government of the district or county of the place where the
realty is located.
The state promotes that the construction entities of other realty
engage the realty management enterprises with the corresponding
qualification via bid invitation and bidding.
Article 4 The bid-invitation and bidding activities of preliminary
realty management shall stick to the principle of openness,
fairness, justice and good faith.
Article 5 The administrative department of construction under the
State Council shall be in charge of the supervision and
administration of the bid-inviting and bidding activities of the
realty management activities all over the country.
The administrative departments of construction of the local people’s
governments of the provinces and autonomous regions shall be in
charge of the supervision and administration on the bid-inviting and
bidding activities of the realty management activities within their
respective administrative divisions.
The administrative departments of real estate of the local people’s
governments of the municipalities directly under the Central
Government, prefectures and counties shall be in charge of the
supervision and administration on the bid-inviting and bidding
activities of the realty management activities in their respective
administrative divisions.
Article 6 Any entity and individual shall not violate the provisions
of laws and administrative regulations, restrict or exclude the
eligible realty management enterprise from participating in the
bidding or illegally intervene the bid-inviting and bidding
activities of realty management in any way.
Chapter II Bid Invitation
Article 7 The bid inviter herein refers to the realty construction
entity that carries out the bid-inviting of preliminary realty
management according to law.
The bid-invitation of preliminary realty management shall be
organized and implemented by the bid inviter. The bid inviter shall
not restrict or exclude the potential bidders with imposition of
irrational conditions, carry out discriminative treatment to the
potential bidders or put forward the requirements of excessive high
qualifications inconsistent with the actual requirements for the bid
invitation of the realty management project to the potential
bidders.
Article 8 The bid invitation of preliminary realty management
includes open bidding and invited bidding.
In case of open bidding, the bid inviter shall promulgate the
bid-inviting announcement on public medium, and at the same time
promulgate free bid-inviting announcement on the China Information
Website of Housing and Real Estates and the site of China
Association of Realty Management.
The bid-inviting announcement shall clearly state the name and
address of the bid inviter, the basic circumstances of the
bid-inviting project and the method for obtaining the bid-inviting
documents, etc.
In case of invited bidding, the bid inviter shall issue bidding
invitations to no less than 3 realty management enterprises, which
should include the same items as stipulated by the preceding
paragraph.
Article 9 The bid inviter may entrust the bid-inviting agency to
handle with the bid invitation, and if competent, the bid inviter
may also organize and implement the bid-inviting activities by
itself.
The bid-inviting agency of realty management shall handle with the
bid invitation in the authorized scope of the bid inviter and abide
by the relevant provisions of the Measures on the bid inviter.
Article 10 The bid inviter shall complete the preparation of the
bid-inviting documents prior to the bid invitation according to the
features and requirements of the realty management project
The bid-inviting documents shall include the following content:
(I) brief introduction of the bid inviter and the bid-inviting
project, including name, address, contact information of the bid
inviter, the basic circumstance of the project, and the housing and
the relevant facilities for realty management use, etc;
(II) content and requirement of the realty management service,
including service content, service standards, etc;
(III) requirements for the bidder and bidding documents, including
the qualification of the bidder, the format and the main content of
the bidding documents, etc;
(IV) standard and method for bidding evaluation;
(V) bid-inviting scheme, including bid-inviting organizations and
institutions, the time and place for opening of bidding, etc;
(VI) instructions on signing the realty service contract;
(VII) other instructions and other content as provided for by laws
and regulations;
Article 11 The bid inviter shall，within 10 days upon the issuance of
the bidding invitation, submit the following materials for filling
by the administrative department of real estates of the people’s
government at the county level or above of the place where the
realty project is located:
(I) the government approval for the development and construction of
the realty project relating to the realty management;
(II) the bid-inviting announcement or bid invitation;
(III) the bid-inviting documents;
(IV) other materials as provided for by laws and regulations.
In case of violation of the provisions of laws and regulations
during bid invitation, the administrative departments of real
estates shall timely order the bid inviter to rectify.
Article 12 The bid inviter of the open bidding may pre-examine the
bidding qualification of the bidding applicants according to the
provisions of the bid-inviting documents.
For the realty management project carrying out the pre-examination
of the bidding qualification, the bid inviter shall clearly state
the conditions of the qualification pre-examination and the method
for obtaining the bid-inviting documents on the bid-inviting
announcement.
The documents of the qualification pre-examination shall generally
include the application format of the qualification pre-examination,
the notice of applicant, and the qualification documents,
performance, technological equipment and financial situation of the
enterprise which bidding applicants are required to provide, as well
as the resumes, performance, etc certificate materials of projected
project executives and main management persons.
Article 13 Upon qualification pre-examination, the bid inviter of
the open bidding shall issue the qualified notification of
qualification pre-examination to the bidding applicants who are
qualified in the qualification pre-examination, inform them of the
time, place and method for obtaining the bid-inviting documents, and
issue the result of qualification pre-examination to the bidding
applicants who are not unqualified.
In case of excessive bidding applicants who are qualified in the
qualification pre-examination, the bid inviter may choose no less
than 5 bidding applicants who are qualified in the qualification
pre-examination.
Article 14 The bid inviter shall determine the reasonable time
required by the bidder for preparation of the bidding documents. In
case of the realty management project of open bidding, it shall be
no less than 20 days from the day of issuing the bid-inviting
documents to the day when the bidders submit the bidding documents.
Article 15 In case of carrying out necessary clarification or
modification, the bid inviter shall notify all recipients of the
bid-inviting documents in written at least 15 days prior to the
deadline for submission of the bidding documents required in the
bid-inviting documents. The content of clarification or modification
is the integral part of the bid-inviting documents.
Article 16 The bid inviter may organize the potential bidding
applicants to visit and investigate on the site of the realty
project and provide the detailed materials of concealed project
drawings, etc. For the question posed by the bidding applicants, the
bid inviter shall make clarifications and send the written notice
thereof to all recipients of the bid-inviting documents.
Article 17 The bid inviter shall not disclose name and quantity of
the potential bidders who have obtained the bid-inviting documents
and other relevant bid-inviting and bidding circumstances possibly
influencing fair competition.
Article 18 Prior to determining the bid winner, the bid inviter
shall not hold negotiations with the bidder on the substantive
content of bidding price, bidding scheme, etc.
Article 19 In case of selecting realty management enterprise through
bid-invitation and bidding, the bid inviter shall complete the
bid-inviting and bidding works of the realty management in the time
schedule specified as follows:
(I) projects of newly established and currently marketable commodity
housing shall be completed within 30 days prior to current
marketing;
(II) projects of presale commodity housing shall be completed before
obtaining the Presale License of Commodity Housing;
(III) newly established and not marketable projects shall be
completed 90 days prior to delivery for use.
Chapter III Bidding
Article 20 The bidder herein refers to the realty management
enterprise which follow the bid invitation of preliminary realty
management and participate in competition.
The bidder shall have the corresponding qualification of the realty
management enterprise and other conditions required in the
bid-inviting documents
Article 21 In terms of questions that need to be clarified in the
bid-inviting documents, the bidder shall put forth them in writing
to the bid inviter.
Article 22 The bidder shall formulate the bidding documents that
follow the substantive requirements and conditions posed in the
bid-inviting documents according to the content and requirements of
the bid-inviting documents:
The bidding documents shall include the following content:
(I) bidding letter;
(II) bidding quotation;
(III) scheme of the realty management;
(IV) other materials necessary for the bid-inviting document.
Article 23 The bidder shall seal and send the bidding documents to
the place of bidding prior to the deadline for submission of the
bidding documents as required in the bid-inviting documents. The bid
inviter shall upon receipt of the bidding documents present the
evidence indicating the recipient and the time of receipt to the
bidder and properly preserve the bidding documents. Prior to the
opening of bidding, any entity and individual shall not open the
bidding documents. The bidding documents that are delivered after
the deadline for submission of the bidding documents as required in
the bid-inviting documents are invalid, and the bid inviter shall
reject to receive them.
Article 24 The bidder may supply, modify or withdraw the bidding
documents prior to the deadline for submission of the bidding
documents as required in the bid-inviting documents, and notify the
bid inviter in writing. The content of the supplement and
modification is the integral part of the bidding documents and shall
be delivered, received and preserved according to the provisions of
Article 23 of the Measures. The content of the supplement and
modification that are delivered after the deadline for submission of
the bidding documents as required in the bid-inviting documents are
invalid.
Article 25 The bidder shall not cheat to win the bid through
falsehood in the name of others or by other means.
The bidder shall not mutually conspire to bid, squeeze out other
bidders in fair competition or damage the legitimate rights and
interests of the bid inviter or the bidders.
The bidder shall not mutually conspire to bid and damage the
national interests, the social public interests or the legitimate
rights and interests of others.
The bidder is prohibited from winning of the bid by unfair means of
bribery to the bid inviter or the members of bidding evaluation
commission, etc.
Chapter IV Opening, Evaluation and Winning of Bid
Article 26 Opening of bid shall be carried out at the same time as
the deadline for submission of the bidding documents defined in the
bid-inviting documents; the place of opening of bid shall be the
place predetermined in the bid-inviting documents.
Article 27 Opening of bid shall be presided over by the bid inviter
and all bidders shall be invited to participate in the opening. The
opening of bid shall be carried out according to the following
provisions:
The sealing condition of the bidding document shall be examined by
the bidder or its representative, or be examined and notarized by
the notary agency authorized by the bid inviter. Upon confirmation
free of errors, the workers shall open the bidding document in
public and read the bidder’s name, the bidding price and other main
content of the bidding documents.
For all the bidding documents received prior to the deadline for
submission of the bidding documents required in the bid-inviting
documents, the bid inviter shall open them in public.
The course of bidding opening shall be recorded and filed by the bid
inviter for future reference.
Article 28 Bidding evaluation shall be in the charge of the Bidding
Evaluation Commission established by the bid inviter by force of
law.
The Bidding Evaluation Commission shall be composed of the
representatives of the bid inviter and the experts in the realty
management, and the number of the members shall be odd of no less
than five, among which the experts in the realty management other
than the representatives of the bid inviter shall be no less than
2-thirds of total members.
The expert members of the Bidding Evaluation Commission shall be
confirmed by the bid inviter by the means of random sampling from
the expert name list set up by the administrative departments of
real estate.
The person of interest with the bidder shall not a member of the
Bidding Evaluation Commission of the relevant project.
Article 29 The administrative departments of real estate shall set
up a name list of experts for bidding evaluation. The administrative
department of real estate of the people’s government of provinces,
autonomous regions and municipalities directly under the Central
Government may combine the name list of experts or implement the
computer networking of the expert name list for cities with a small
number of experts.
The administrative department of real estate shall carry out
training on laws and businesses with the experts in the expert name
list, carry out comprehensive examination and evaluation on their
bidding evaluation competence, probity and justness, etc, and timely
cancel the expert qualification for bidding evaluation of the person
who is incompetent or violates laws and disciplines. The person who
is cancelled from the expert qualification of bidding evaluation
shall not participate in any bidding evaluation activities.
Article 30 The members of Bidding Evaluation Commission shall
perform their obligations carefully, fairly, faithfully and
honestly.
The members of Bidding Evaluation Commission shall not contact for
private purposes with any bidder or person of interest with the
result of bid-invitation and shall not accept pecuniary and other
benefits from the bidders, intermediary and other person of
interest.
The members of Bidding Evaluation Commission and workers relating to
the bidding evaluation activities shall not disclose the examination
and appraisal and comparison of the bidding documents and the
recommendation circumstances of the candidate bid winners and other
circumstances relating to the bidding evaluation.
The workers relating to bidding evaluation activities in the
preceding paragraph refer to all persons who get acquainted with the
circumstances relating to the bidding evaluation because of
participating in the supervision or routine work of bidding
evaluation other than the members of Bidding Evaluation Commission.
Article 31 The Bidding Evaluation Commission may require in writing
the bidders to clarify or explain the content of ambiguous meaning
in the bidding documents. The bidder shall clarify and explain on
them in written form, and the clarification and explanation shall
not exceed the scope of the bidding documents or change the
substantive content of the bidding documents.
Article 32 In case of convening a site demonstration meeting in the
course of bidding evaluation, the bid inviter shall describe it in
advance in the bid-inviting documents and indicate the relevant
score weight.
The members of Bidding Evaluation Commission shall carry out the
comprehensive evaluation according to the requirements of the
Bidding evaluation in the bid-inviting documents and based on the
circumstances of the score of the bidding document and the site
demonstration, etc.
Except for the part of site demonstration, the bidding evaluation
shall be conducted confidentially.
Article 33 The Bidding Evaluation Commission shall examine and
appraise and compare the bidding documents against the standards and
methods of the bidding evaluation defined by the bid-inviting
documents and sign and confirm the results of bidding evaluation.
Article 34 Upon examination and appraisal, if the Bidding Evaluation
Commission hold that all bidding documents are not in compliance
with the requirements of the bid-inviting documents, the Bidding
Evaluation Commission may veto all biddings.
In case all the realty management project that must conduct the
bid-invitation by force of law are vetoed, the bid inviter shall
initiate a new bid invitation.
Article 35 Upon the completion of bidding evaluation, the Bidding
Evaluation Commission shall put forth a written report of bidding
evaluation, illustrate the opinions of the Bidding Evaluation
Commission on examination and appraisal and comparison to the
various bidding documents, and recommend no less than 3 qualified
candidate bid winners arranged in order according to the standards
and methods of the bidding evaluation specified by the bid-inviting
documents.
The bid inviter shall confirm the bid winner according to the order
of candidate bid winners. If the candidate bid winners who are
confirmed to win bid give up the bid or fail to perform the
contract, the bid inviter may confirm other candidate bid winners as
the bid winner according to order.
Article 36 The bid inviter shall confirm the bid winner 30 days
prior to the deadline of the bidding valid term. The bidding valid
term shall be stated in the bid-inviting documents.
Article 37 The bid inviter shall issue the notification of bid
winning to the bid winner, and at the same time notify all the
bidders failing in bid of the results and return their bidding
documents.
The bid inviter shall, within 15 days upon the confirmation of bid
winner, file with the administrative departments of real estate of
the people’s governments at the county level or above of the place
where the realty project is located. The filing materials shall
include materials such as the course of opening of bid and bidding
evaluation, the means and reason on the confirmation of bid winner,
the bidding evaluation of the Bidding Evaluation Commission and the
bidding documents of the bid winner. In case of proxy of the bid
invitation, the contract on proxy of the bid invitation shall be
attached.
Article 38 The bid inviter and bid winner shall, within 30 days upon
issuing the notification of bid winning, reach a written contract
according to the bid-inviting documents and the bidding documents of
bid winner; the bid inviter and the bid winner shall not reach other
agreements departing from the substantive content of the contract.
Article 39 In case of failing to enter into a contract without
proper reason, the bid inviter shall compensate for the damages
thereof to the bid winner.
Chapter V Supplementary Provisions
Article 40 In case the bidder and other persons of interests hold
that the bid-inviting and bidding activities are not in compliance
with the relevant provisions of the Measures, they are entitled to
put forth different opinions to the bid inviter or complain to the
relevant department by force of law.
Article 41 In case the bid-inviting documents or the bidding
documents are prepared in more than two languages, there must be a
Chinese version; and in case of any discrepancies over the
interpretation of different versions, Chinese version shall prevail.
In case of any discrepancy between the amounts expressed in words
and that in number, that in words shall prevail.
Article 42 For the residence scale that is relatively small
specified in Article 3 of the Measures, upon the approval of the
administrative departments of real estate of the people’s
governments of the district or county where the realty is located,
the means of agreement may be adopted for selection of the realty
management enterprise, and the standard of scale thereof shall be
determined by the administrative departments of real estate of the
people’s governments of provinces, autonomous regions and
municipalities directly under the Central Government.
Article 43 Reference will be made with the Measures when the owners
and the owners'' meeting select the realty management enterprises
with the corresponding qualification by means of bidding.
Article 44 The Measures shall come into force on September 1, 2003.
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【法规名称】
Circular on Distributing the Interim Measures for Bid-Inviting and
Bidding
Management of Preliminary Realty Management of the Ministry of
Construction
【发布时间】20030626
【实施时间】20030901
【颁布部门】建设部 the Ministry of Construction
【正文】
Circular on Distributing the Interim Measures for Bid-Inviting and
Bidding Management of Preliminary Realty Management of the Ministry
of Construction
JianZhuFang [2003] No.130
The construction departments of the provinces and autonomous
regions, the bureaus of the real estate administration of the
municipalities directly under the Central Government, and the
Construction Bureau of Xinjiang Production and Construction Regime:
In order to regulate the bid-inviting and bidding activities of the
realty management, to safeguard the legitimate rights and interests
of the bid-inviting and bidding parties, and to promote the fair
competition of the realty management market, the Interim Measures
for Bid-Inviting and Bidding Management of Preliminary Realty
Management are hereby formulated and distributed to you, which are
required for implementation. Please inform the House and Real Estate
Department of our Ministry of any circumstances during the
implementation.
The Ministry of Construction of PRC
June 26, 2003
Interim Measures for Bid-Inviting and Bidding Management of
Preliminary Realty Management
Chapter I General Provisions
Article 1 The Measures are formulated in order to regulate the
bid-inviting and bidding activities of the realty management, to
safeguard the legitimate rights and interests of the bid-inviting
and bidding parties, and to promote the fair competition of the
realty management market.
Article 2 The preliminary realty management herein shall refer to
the realty management implemented by the realty management
enterprise engaged by the construction entity before the owners or
the owners’ commission select a realty management enterprise at its
own discretion.
The Measures shall apply when the construction entity selects the
realty management enterprises with the corresponding qualification
and when the administrative departments supervise and manage the
bid-invitation and bidding activities of the realty management
through bid-invitation and bidding.
Article 3 A construction entity of any residential and the
non-residential realty in a same realty management area shall select
the realty management enterprise with the corresponding
qualification through bid-invitation and bidding; and where there
are no more than 3 bidders or the residence scale is relatively
small, the construction entity may select the realty management
enterprise with the corresponding qualifications through agreement
upon approval by the administrative department of real estate of the
people’s government of the district or county of the place where the
realty is located.
The state promotes that the construction entities of other realty
engage the realty management enterprises with the corresponding
qualification via bid invitation and bidding.
Article 4 The bid-invitation and bidding activities of preliminary
realty management shall stick to the principle of openness,
fairness, justice and good faith.
Article 5 The administrative department of construction under the
State Council shall be in charge of the supervision and
administration of the bid-inviting and bidding activities of the
realty management activities all over the country.
The administrative departments of construction of the local people’s
governments of the provinces and autonomous regions shall be in
charge of the supervision and administration on the bid-inviting and
bidding activities of the realty management activities within their
respective administrative divisions.
The administrative departments of real estate of the local people’s
governments of the municipalities directly under the Central
Government, prefectures and counties shall be in charge of the
supervision and administration on the bid-inviting and bidding
activities of the realty management activities in their respective
administrative divisions.
Article 6 Any entity and individual shall not violate the provisions
of laws and administrative regulations, restrict or exclude the
eligible realty management enterprise from participating in the
bidding or illegally intervene the bid-inviting and bidding
activities of realty management in any way.
Chapter II Bid Invitation
Article 7 The bid inviter herein refers to the realty construction
entity that carries out the bid-inviting of preliminary realty
management according to law.
The bid-invitation of preliminary realty management shall be
organized and implemented by the bid inviter. The bid inviter shall
not restrict or exclude the potential bidders with imposition of
irrational conditions, carry out discriminative treatment to the
potential bidders or put forward the requirements of excessive high
qualifications inconsistent with the actual requirements for the bid
invitation of the realty management project to the potential
bidders.
Article 8 The bid invitation of preliminary realty management
includes open bidding and invited bidding.
In case of open bidding, the bid inviter shall promulgate the
bid-inviting announcement on public medium, and at the same time
promulgate free bid-inviting announcement on the China Information
Website of Housing and Real Estates and the site of China
Association of Realty Management.
The bid-inviting announcement shall clearly state the name and
address of the bid inviter, the basic circumstances of the
bid-inviting project and the method for obtaining the bid-inviting
documents, etc.
In case of invited bidding, the bid inviter shall issue bidding
invitations to no less than 3 realty management enterprises, which
should include the same items as stipulated by the preceding
paragraph.
Article 9 The bid inviter may entrust the bid-inviting agency to
handle with the bid invitation, and if competent, the bid inviter
may also organize and implement the bid-inviting activities by
itself.
The bid-inviting agency of realty management shall handle with the
bid invitation in the authorized scope of the bid inviter and abide
by the relevant provisions of the Measures on the bid inviter.
Article 10 The bid inviter shall complete the preparation of the
bid-inviting documents prior to the bid invitation according to the
features and requirements of the realty management project
The bid-inviting documents shall include the following content:
(I) brief introduction of the bid inviter and the bid-inviting
project, including name, address, contact information of the bid
inviter, the basic circumstance of the project, and the housing and
the relevant facilities for realty management use, etc;
(II) content and requirement of the realty management service,
including service content, service standards, etc;
(III) requirements for the bidder and bidding documents, including
the qualification of the bidder, the format and the main content of
the bidding documents, etc;
(IV) standard and method for bidding evaluation;
(V) bid-inviting scheme, including bid-inviting organizations and
institutions, the time and place for opening of bidding, etc;
(VI) instructions on signing the realty service contract;
(VII) other instructions and other content as provided for by laws
and regulations;
Article 11 The bid inviter shall，within 10 days upon the issuance of
the bidding invitation, submit the following materials for filling
by the administrative department of real estates of the people’s
government at the county level or above of the place where the
realty project is located:
(I) the government approval for the development and construction of
the realty project relating to the realty management;
(II) the bid-inviting announcement or bid invitation;
(III) the bid-inviting documents;
(IV) other materials as provided for by laws and regulations.
In case of violation of the provisions of laws and regulations
during bid invitation, the administrative departments of real
estates shall timely order the bid inviter to rectify.
Article 12 The bid inviter of the open bidding may pre-examine the
bidding qualification of the bidding applicants according to the
provisions of the bid-inviting documents.
For the realty management project carrying out the pre-examination
of the bidding qualification, the bid inviter shall clearly state
the conditions of the qualification pre-examination and the method
for obtaining the bid-inviting documents on the bid-inviting
announcement.
The documents of the qualification pre-examination shall generally
include the application format of the qualification pre-examination,
the notice of applicant, and the qualification documents,
performance, technological equipment and financial situation of the
enterprise which bidding applicants are required to provide, as well
as the resumes, performance, etc certificate materials of projected
project executives and main management persons.
Article 13 Upon qualification pre-examination, the bid inviter of
the open bidding shall issue the qualified notification of
qualification pre-examination to the bidding applicants who are
qualified in the qualification pre-examination, inform them of the
time, place and method for obtaining the bid-inviting documents, and
issue the result of qualification pre-examination to the bidding
applicants who are not unqualified.
In case of excessive bidding applicants who are qualified in the
qualification pre-examination, the bid inviter may choose no less
than 5 bidding applicants who are qualified in the qualification
pre-examination.
Article 14 The bid inviter shall determine the reasonable time
required by the bidder for preparation of the bidding documents. In
case of the realty management project of open bidding, it shall be
no less than 20 days from the day of issuing the bid-inviting
documents to the day when the bidders submit the bidding documents.
Article 15 In case of carrying out necessary clarification or
modification, the bid inviter shall notify all recipients of the
bid-inviting documents in written at least 15 days prior to the
deadline for submission of the bidding documents required in the
bid-inviting documents. The content of clarification or modification
is the integral part of the bid-inviting documents.
Article 16 The bid inviter may organize the potential bidding
applicants to visit and investigate on the site of the realty
project and provide the detailed materials of concealed project
drawings, etc. For the question posed by the bidding applicants, the
bid inviter shall make clarifications and send the written notice
thereof to all recipients of the bid-inviting documents.
Article 17 The bid inviter shall not disclose name and quantity of
the potential bidders who have obtained the bid-inviting documents
and other relevant bid-inviting and bidding circumstances possibly
influencing fair competition.
Article 18 Prior to determining the bid winner, the bid inviter
shall not hold negotiations with the bidder on the substantive
content of bidding price, bidding scheme, etc.
Article 19 In case of selecting realty management enterprise through
bid-invitation and bidding, the bid inviter shall complete the
bid-inviting and bidding works of the realty management in the time
schedule specified as follows:
(I) projects of newly established and currently marketable commodity
housing shall be completed within 30 days prior to current
marketing;
(II) projects of presale commodity housing shall be completed before
obtaining the Presale License of Commodity Housing;
(III) newly established and not marketable projects shall be
completed 90 days prior to delivery for use.
Chapter III Bidding
Article 20 The bidder herein refers to the realty management
enterprise which follow the bid invitation of preliminary realty
management and participate in competition.
The bidder shall have the corresponding qualification of the realty
management enterprise and other conditions required in the
bid-inviting documents
Article 21 In terms of questions that need to be clarified in the
bid-inviting documents, the bidder shall put forth them in writing
to the bid inviter.
Article 22 The bidder shall formulate the bidding documents that
follow the substantive requirements and conditions posed in the
bid-inviting documents according to the content and requirements of
the bid-inviting documents:
The bidding documents shall include the following content:
(I) bidding letter;
(II) bidding quotation;
(III) scheme of the realty management;
(IV) other materials necessary for the bid-inviting document.
Article 23 The bidder shall seal and send the bidding documents to
the place of bidding prior to the deadline for submission of the
bidding documents as required in the bid-inviting documents. The bid
inviter shall upon receipt of the bidding documents present the
evidence indicating the recipient and the time of receipt to the
bidder and properly preserve the bidding documents. Prior to the
opening of bidding, any entity and individual shall not open the
bidding documents. The bidding documents that are delivered after
the deadline for submission of the bidding documents as required in
the bid-inviting documents are invalid, and the bid inviter shall
reject to receive them.
Article 24 The bidder may supply, modify or withdraw the bidding
documents prior to the deadline for submission of the bidding
documents as required in the bid-inviting documents, and notify the
bid inviter in writing. The content of the supplement and
modification is the integral part of the bidding documents and shall
be delivered, received and preserved according to the provisions of
Article 23 of the Measures. The content of the supplement and
modification that are delivered after the deadline for submission of
the bidding documents as required in the bid-inviting documents are
invalid.
Article 25 The bidder shall not cheat to win the bid through
falsehood in the name of others or by other means.
The bidder shall not mutually conspire to bid, squeeze out other
bidders in fair competition or damage the legitimate rights and
interests of the bid inviter or the bidders.
The bidder shall not mutually conspire to bid and damage the
national interests, the social public interests or the legitimate
rights and interests of others.
The bidder is prohibited from winning of the bid by unfair means of
bribery to the bid inviter or the members of bidding evaluation
commission, etc.
Chapter IV Opening, Evaluation and Winning of Bid
Article 26 Opening of bid shall be carried out at the same time as
the deadline for submission of the bidding documents defined in the
bid-inviting documents; the place of opening of bid shall be the
place predetermined in the bid-inviting documents.
Article 27 Opening of bid shall be presided over by the bid inviter
and all bidders shall be invited to participate in the opening. The
opening of bid shall be carried out according to the following
provisions:
The sealing condition of the bidding document shall be examined by
the bidder or its representative, or be examined and notarized by
the notary agency authorized by the bid inviter. Upon confirmation
free of errors, the workers shall open the bidding document in
public and read the bidder’s name, the bidding price and other main
content of the bidding documents.
For all the bidding documents received prior to the deadline for
submission of the bidding documents required in the bid-inviting
documents, the bid inviter shall open them in public.
The course of bidding opening shall be recorded and filed by the bid
inviter for future reference.
Article 28 Bidding evaluation shall be in the charge of the Bidding
Evaluation Commission established by the bid inviter by force of
law.
The Bidding Evaluation Commission shall be composed of the
representatives of the bid inviter and the experts in the realty
management, and the number of the members shall be odd of no less
than five, among which the experts in the realty management other
than the representatives of the bid inviter shall be no less than
2-thirds of total members.
The expert members of the Bidding Evaluation Commission shall be
confirmed by the bid inviter by the means of random sampling from
the expert name list set up by the administrative departments of
real estate.
The person of interest with the bidder shall not a member of the
Bidding Evaluation Commission of the relevant project.
Article 29 The administrative departments of real estate shall set
up a name list of experts for bidding evaluation. The administrative
department of real estate of the people’s government of provinces,
autonomous regions and municipalities directly under the Central
Government may combine the name list of experts or implement the
computer networking of the expert name list for cities with a small
number of experts.
The administrative department of real estate shall carry out
training on laws and businesses with the experts in the expert name
list, carry out comprehensive examination and evaluation on their
bidding evaluation competence, probity and justness, etc, and timely
cancel the expert qualification for bidding evaluation of the person
who is incompetent or violates laws and disciplines. The person who
is cancelled from the expert qualification of bidding evaluation
shall not participate in any bidding evaluation activities.
Article 30 The members of Bidding Evaluation Commission shall
perform their obligations carefully, fairly, faithfully and
honestly.
The members of Bidding Evaluation Commission shall not contact for
private purposes with any bidder or person of interest with the
result of bid-invitation and shall not accept pecuniary and other
benefits from the bidders, intermediary and other person of
interest.
The members of Bidding Evaluation Commission and workers relating to
the bidding evaluation activities shall not disclose the examination
and appraisal and comparison of the bidding documents and the
recommendation circumstances of the candidate bid winners and other
circumstances relating to the bidding evaluation.
The workers relating to bidding evaluation activities in the
preceding paragraph refer to all persons who get acquainted with the
circumstances relating to the bidding evaluation because of
participating in the supervision or routine work of bidding
evaluation other than the members of Bidding Evaluation Commission.
Article 31 The Bidding Evaluation Commission may require in writing
the bidders to clarify or explain the content of ambiguous meaning
in the bidding documents. The bidder shall clarify and explain on
them in written form, and the clarification and explanation shall
not exceed the scope of the bidding documents or change the
substantive content of the bidding documents.
Article 32 In case of convening a site demonstration meeting in the
course of bidding evaluation, the bid inviter shall describe it in
advance in the bid-inviting documents and indicate the relevant
score weight.
The members of Bidding Evaluation Commission shall carry out the
comprehensive evaluation according to the requirements of the
Bidding evaluation in the bid-inviting documents and based on the
circumstances of the score of the bidding document and the site
demonstration, etc.
Except for the part of site demonstration, the bidding evaluation
shall be conducted confidentially.
Article 33 The Bidding Evaluation Commission shall examine and
appraise and compare the bidding documents against the standards and
methods of the bidding evaluation defined by the bid-inviting
documents and sign and confirm the results of bidding evaluation.
Article 34 Upon examination and appraisal, if the Bidding Evaluation
Commission hold that all bidding documents are not in compliance
with the requirements of the bid-inviting documents, the Bidding
Evaluation Commission may veto all biddings.
In case all the realty management project that must conduct the
bid-invitation by force of law are vetoed, the bid inviter shall
initiate a new bid invitation.
Article 35 Upon the completion of bidding evaluation, the Bidding
Evaluation Commission shall put forth a written report of bidding
evaluation, illustrate the opinions of the Bidding Evaluation
Commission on examination and appraisal and comparison to the
various bidding documents, and recommend no less than 3 qualified
candidate bid winners arranged in order according to the standards
and methods of the bidding evaluation specified by the bid-inviting
documents.
The bid inviter shall confirm the bid winner according to the order
of candidate bid winners. If the candidate bid winners who are
confirmed to win bid give up the bid or fail to perform the
contract, the bid inviter may confirm other candidate bid winners as
the bid winner according to order.
Article 36 The bid inviter shall confirm the bid winner 30 days
prior to the deadline of the bidding valid term. The bidding valid
term shall be stated in the bid-inviting documents.
Article 37 The bid inviter shall issue the notification of bid
winning to the bid winner, and at the same time notify all the
bidders failing in bid of the results and return their bidding
documents.
The bid inviter shall, within 15 days upon the confirmation of bid
winner, file with the administrative departments of real estate of
the people’s governments at the county level or above of the place
where the realty project is located. The filing materials shall
include materials such as the course of opening of bid and bidding
evaluation, the means and reason on the confirmation of bid winner,
the bidding evaluation of the Bidding Evaluation Commission and the
bidding documents of the bid winner. In case of proxy of the bid
invitation, the contract on proxy of the bid invitation shall be
attached.
Article 38 The bid inviter and bid winner shall, within 30 days upon
issuing the notification of bid winning, reach a written contract
according to the bid-inviting documents and the bidding documents of
bid winner; the bid inviter and the bid winner shall not reach other
agreements departing from the substantive content of the contract.
Article 39 In case of failing to enter into a contract without
proper reason, the bid inviter shall compensate for the damages
thereof to the bid winner.
Chapter V Supplementary Provisions
Article 40 In case the bidder and other persons of interests hold
that the bid-inviting and bidding activities are not in compliance
with the relevant provisions of the Measures, they are entitled to
put forth different opinions to the bid inviter or complain to the
relevant department by force of law.
Article 41 In
case the bid-inviting documents or the bidding
documents are prepared in more than two languages, there must be a
Chinese version; and in case of any discrepancies over the
interpretation of different versions, Chinese version shall prevail.
In case of any discrepancy between the amounts expressed in words
and that in number, that in words shall prevail.
Article 42 For
the residence scale that is relatively small
specified in Article 3 of the Measures, upon the approval of the
administrative departments of real estate of the people’s
governments of the district or county where the realty is located,
the means of agreement may be adopted for selection of the realty
management enterprise, and the standard of scale thereof shall be
determined by the administrative departments of real estate of the
people’s governments of provinces, autonomous regions and
municipalities directly under the Central Government.
Article 43
Reference will be made with the Measures when the owners
and the owners'' meeting select the realty management enterprises
with the corresponding qualification by means of bidding.
Article 44 The
Measures shall come into force on September 1, 2003. |
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