Introduction to the interim measures for early stage property management bidding and bidding management?

1. The latest interim measures for the management of early stage property management bidding and bidding

Chapter 1 General Provisions

Article 1 is to regulate the early stage property management bidding activities and protect bidding. These measures are formulated to protect the legitimate rights and interests of the bidding parties and to promote fair competition in the property management market.

Article 2 Preliminary property management refers to the property management carried out by the construction unit before the property management enterprise is selected by the owners and the owners' meeting.

Construction units shall select property management enterprises with corresponding qualifications and administrative departments to supervise and manage property management bidding activities through bidding, and these Measures shall apply.

Article 3 Residential and non-residential construction units within the same property management area shall select property management companies with corresponding qualifications through bidding; there are less than 3 bidders or the residential scale is small , with the approval of the real estate administrative department of the district or county people's government where the property is located, a property management enterprise with corresponding qualifications can be selected and hired by agreement.

The state encourages construction units of other properties to select and hire property management companies with corresponding qualifications through bidding.

Article 4 Preliminary property management bidding shall follow the principles of openness, fairness, impartiality and good faith.

Article 5 The construction administrative department of the State Council is responsible for the supervision and management of property management bidding activities nationwide.

The construction administrative departments of the people's governments of provinces and autonomous regions are responsible for the supervision and management of property management bidding activities within their respective administrative regions.

The real estate administrative departments of the people's governments of municipalities, cities, and counties are responsible for the supervision and management of property management bidding activities within their respective administrative regions.

Article 6: No unit or individual may violate the provisions of laws and administrative regulations, restrict or exclude property management enterprises with bidding qualifications from participating in bidding, and shall not illegally interfere in property management bidding activities in any way.

Chapter 2 Bidding

Article 7 The term “tenderer” as mentioned in these Measures refers to the property construction unit that conducts preliminary property management bidding in accordance with the law.

The preliminary property management bidding shall be organized and implemented by the tenderer in accordance with the law. The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, shall not impose discriminatory treatment on potential bidders, and shall not impose excessive qualification requirements on potential bidders that are inconsistent with the actual requirements of the bidding property management project.

Article 8: Preliminary property management bidding is divided into public bidding and invitation bidding.

If the tenderer adopts a public bidding method, it shall publish a bidding announcement on the public media, and at the same time publish a free bidding announcement on the China Residential and Real Estate Information Network and the China Property Management Association.

The bidding announcement shall state the name and address of the bidder, the basic information of the bidding project, the method of obtaining bidding documents, and other matters.

If the tenderer adopts the invitation bidding method, it shall issue bidding invitations to more than three property management enterprises, and the bidding invitations shall contain the matters specified in the preceding paragraph.

Article 9 The tenderer may entrust a bidding agency to handle bidding matters; if it has the ability to organize and implement bidding activities, it may also organize and implement bidding activities on its own.

Property management bidding agencies shall handle bidding matters within the scope entrusted by the bidder and abide by the relevant provisions of these Measures for bidders.

Article 10 The bidder shall complete the preparation of bidding documents before bidding based on the characteristics and needs of the property management project.

The bidding documents should include the following contents:

(1) Brief introduction of the bidder and the bidding project, including the name, address, contact information of the bidder, basic information of the project, and the details of the property management building Equipment status, etc.;

(2) Property management service content and requirements, including service content, service standards, etc.;

(3) Requirements for bidders and tender documents, including bidding Qualifications of the person, format and main content of the bid, etc.;

(4) Bid evaluation standards and methods;

(5) Bidding activity plan, including bidding organization, The time and place of bid opening, etc.;

(6) Instructions for signing the property service contract;

(7) Instructions for other matters and other contents stipulated by laws and regulations.

Article 11 The bidder shall submit the following materials to the real estate administrative department of the local people's government at or above the county level where the property project is located 10 days before publishing a bidding announcement or issuing a bidding invitation for filing:

(1) Government approval documents for the development and construction of property projects related to property management;

(2) Bidding announcement or bidding invitation;

(3) Bidding documents;

(4) Other materials specified by laws and regulations.

If the real estate administrative department discovers that the bidding violates the provisions of laws and regulations, it shall promptly order the bidder to make corrections.

Article 12 The tenderer of public bidding may pre-qualify the bidding applicants in accordance with the provisions of the bidding documents.

For property management projects that require prequalification for bidding, the tenderer shall specify the conditions for prequalification and the method for obtaining prequalification documents in the bidding announcement or bidding invitation.

Pre-qualification documents should generally include the format of the pre-qualification application, instructions to applicants, as well as corporate qualification documents, performance, technical equipment, financial status, and proposed project leaders and principals that need to be provided by bidding applicants. Resumes, performance and other supporting materials of managers.

Article 13 After pre-qualification, the tenderer of public bidding shall issue a pre-qualification notification to the pre-qualified bidders, informing them of the time, place and method of obtaining the bidding documents, and at the same time Inform unqualified bidders of the pre-qualification results.

When there are too many prequalified bidders, the tenderer may select no less than 5 prequalified bidders.

Article 14 The tenderee shall determine the reasonable time required for the bidder to prepare bidding documents. For property management projects subject to public bidding, the minimum period from the date of issuance of the bidding documents to the deadline for bidders to submit bid documents shall not be less than 20 days.

Article 15 If the tenderer makes necessary clarifications or modifications to the tender documents that have been issued, it shall notify all recipients of the tender documents in writing at least 15 days before the deadline for submission of tender documents required by the tender documents. people. The clarification or modification shall be an integral part of the bidding documents.

Article 16: Based on the specific conditions of the property management project, the tenderer may organize potential bidders to visit the property project site and provide detailed information such as hidden engineering drawings. Questions raised by the bidder shall be clarified and sent in writing to all recipients of the bidding documents.

Article 17 The tenderer shall not disclose to others the names and numbers of potential bidders who have obtained bidding documents, as well as other information related to bidding that may affect fair competition.

If the tenderer has a minimum bid, the minimum bid must be kept confidential.

Article 18 Before determining the winning bidder, the tenderer shall not negotiate with the bidder on the bidding price, bidding plan and other substantive contents.

Article 19 If a property management enterprise is selected through bidding, the tenderer shall complete the property management bidding and bidding work within the following prescribed time limits:

(1) New commercial housing projects currently on sale It should be completed 30 days before the current sale

(2) The pre-sale commercial housing project should be completed before obtaining the "Commercial Housing Pre-sale License";

(3) Newly built properties that are not for sale The project should be completed 90 days before delivery.

Chapter 3 Bidding

Article 20 The bidders mentioned in these Measures refer to the property management enterprises that respond to the preliminary property management bidding and participate in the bidding competition.

The bidder shall have the corresponding property management enterprise qualifications and other conditions required by the bidding documents.

Article 21 If the bidder has any questions about the bidding documents that need clarification, he shall submit them in writing to the tenderer.

Article 22 Bidders shall prepare bidding documents in accordance with the contents and requirements of the bidding documents, and the bidding documents shall respond to the substantive requirements and conditions set forth in the bidding documents.

The bidding documents shall include the following contents:

(1) Tender letter;

(2) Bid quotation;

(3) Property management plan;

(4) Other materials required by the bidding documents.

Article 23 The bidder shall seal the bid documents and deliver them to the bidding location before the deadline for submission of bid documents required in the bidding documents. After receiving the bidding documents, the tenderer shall issue a voucher indicating the signature and time of receipt to the bidder, and properly preserve the bidding documents. No unit or individual may open the bidding documents before the bid opening. Tender documents delivered after the deadline for submission of tender documents required by the tender documents shall be invalid tender documents and shall be rejected by the tenderee.

Article 24 The bidder may supplement, modify or withdraw the submitted bid documents before the deadline for submission of bid documents required by the bidding documents and notify the tenderer in writing. The supplemented and modified content shall be an integral part of the bidding documents and shall be delivered, signed for and kept in accordance with the provisions of Article 23 of these Measures. Supplements or modifications delivered after the deadline for submission of bid documents required by the bidding documents are invalid.

Article 25 Bidders shall not bid in the name of others or use other methods to defraud and win the bid.

Bidders may not collude with each other in bidding, exclude other bidders from fair competition, or harm the legitimate rights and interests of the tenderer or other bidders.

Bidders shall not collude with the tenderer in bidding, harming national interests, social public interests or the legitimate rights and interests of others.

Bidders are prohibited from seeking to win a bid by bribing the tenderer or members of the bid evaluation committee or other improper means.

Chapter 4 Bid Opening, Bid Evaluation and Bid Winning

Article 26 The bid opening shall be held publicly at the same time as the deadline for submission of bid documents specified in the bidding documents; the bid opening location shall be The location is predetermined in the tender documents.

Article 27 The bid opening shall be hosted by the tenderee and all bidders shall be invited to participate. The bid opening shall be carried out in accordance with the following provisions:

The bidder or its elected representative shall inspect the sealing of the bid documents, or the notary agency entrusted by the bidder may inspect and notarize the bid documents. After confirmation, the staff will open the envelope in public and read out the name of the bidder, the bid price and other main contents of the bid document.

All bid documents received by the tenderer before the deadline for submission of bid documents required by the bid invitation document shall be opened in public when the bid is opened.

The bid opening process shall be recorded and archived by the tenderer for future reference.

Article 28 The bid evaluation committee shall be responsible for the bid evaluation committee established by the bidder in accordance with the law.

The bid evaluation committee shall be composed of representatives of the bidder and experts in property management. The number of members shall be an odd number of 5 or more. Among them, experts in property management other than representatives of the bidder shall not be less than two-thirds of the total members. .

The expert members of the bid evaluation committee shall be determined by the tenderee through random selection from the expert list established by the real estate administrative department.

Persons who have an interest in the bidder are not allowed to join the bid evaluation committee of the relevant project.

Article 29 The real estate administrative department shall establish a roster of experts for bid evaluation. The real estate administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may merge the expert rosters of cities with a small number of experts or implement computer networking of expert rosters.

The real estate administrative department shall provide relevant legal and business training to the experts who enter the expert roster, conduct a comprehensive assessment of their bid evaluation capabilities, integrity and impartiality, and promptly remove bid evaluation experts who are incompetent or who violate laws and regulations. qualifications. Personnel who have been disqualified as bid evaluation experts shall no longer participate in any bid evaluation activities.

Article 30 Members of the bid evaluation committee shall perform their duties seriously, fairly, honestly and cleanly.

Members of the bid evaluation committee shall not have private contact with any bidder or anyone with an interest in the bidding results, and shall not accept property or other benefits from bidders, intermediaries, or other interested parties.

Members of the bid evaluation committee and staff related to bid evaluation activities are not allowed to disclose the review and comparison of bid documents, the recommendation of successful bidders, and other information related to bid evaluation.

The staff members related to bid evaluation activities mentioned in the preceding paragraph refer to all personnel other than members of the bid evaluation committee who are aware of the relevant bid evaluation situations due to their participation in bid evaluation supervision work or administrative work.

Article 31 The bid evaluation committee may require the bidder in writing to make necessary clarifications or explanations for unclear contents in the bid documents. The bidder shall provide clarification or explanation in writing, and its clarification or explanation shall not exceed the scope of the bid document or change the substantive content of the bid document.

Article 32 If an on-site defense meeting is held during the bid evaluation process, it shall be explained in advance in the bidding documents and the proportion of the score shall be indicated.

The bid evaluation committee shall conduct a comprehensive bid evaluation based on the bid evaluation requirements in the bid invitation documents and on the basis of bid scoring, on-site defense, etc.

Except for the on-site defense part, bid evaluation shall be conducted confidentially.

Article 33 The bid evaluation committee shall review and compare the bid documents in accordance with the bid evaluation standards and methods determined in the bid invitation documents, and sign and confirm the bid evaluation results.

Article 34 If after review, the bid evaluation committee believes that all bid documents do not meet the requirements of the bidding documents, it may reject all bids.

If all bids for property management projects that require bidding according to law are rejected, the tenderer shall invite bids again.

Article 35 After the bid evaluation committee completes the bid evaluation, it shall submit a written bid evaluation report to the tenderer, stating the evaluation and comparison opinions of the bid evaluation committee on each bid document, and in accordance with the provisions of the bid invitation documents. The bid evaluation criteria and methods shall be used to recommend no more than 3 ranked qualified bid-winning candidates.

The tenderer shall determine the winning bidder according to the ranking of the winning candidates. When the successful bidder who is determined to have won the bid gives up the bid or claims to be unable to perform the contract due to force majeure, the tenderer may determine other successful bidders as the successful bidder in sequence.

Article 36 The tenderer shall determine the winning bidder 30 days before the deadline for bidding validity. The validity period of the bid shall be stated in the bidding documents.

Article 37 The tenderer shall issue a bid winning notice to the winning bidder, notify all unsuccessful bidders of the winning bid results, and return their bids.

The tenderer shall, within 15 days from the date of determining the winning bidder, file a record with the real estate administrative department of the local people's government at or above the county level where the property project is located. The filing information shall include the bid opening and evaluation process, the methods and reasons for determining the winning bidder, the bid evaluation report of the bid evaluation committee, the bidding documents of the winning bidder, and other information. If an agency is entrusted with bidding, a bidding agency contract shall also be attached.

Article 38 The tenderer and the winning bidder shall conclude a written contract in accordance with the bidding documents and the winning bidder’s bidding documents within 30 days from the date of issuance of the bid winning notice; the tendering party and the winning bidder shall not Enter into other agreements that deviate from the substantive content of the contract.

Article 39 If the tenderee fails to sign a contract with the winning bidder without justifiable reasons and causes losses to the winning bidder, the tenderer shall compensate the tenderer.

Chapter 5 Supplementary Provisions

Article 40 If bidders and other interested parties believe that bidding activities do not comply with the relevant provisions of these Measures, they have the right to raise objections to the tenderer, or Complain to relevant departments in accordance with the law.

Article 41 If the bidding documents or bidding documents are in two or more languages, one of them must be in Chinese; if there is any objection to the interpretation of different texts, the Chinese text shall prevail. If the amount expressed in words is inconsistent with the amount expressed in figures, the amount expressed in words shall prevail.

Article 42 Article 3 of these Measures stipulates that for small-scale residential buildings, property management companies may be selected by agreement through an agreement with the approval of the real estate administrative department of the district or county people's government where the property is located. Its size standards are determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 43 If the owners and the owners' conference select and hire property management enterprises with corresponding qualifications through bidding, these measures shall be followed.

Article 44 These Measures shall come into effect on September 1, 2003.

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