Full text of electronic tendering and bidding measures

Full text of electronic tendering and bidding measures

2013 On February 4th, the National Development and Reform Commission of the People's Republic of China issued the Measures for Electronic Bidding by Order No.20. The following is the full text of the Measures compiled by me:

Chapter I General Principles

Article 1 In order to standardize electronic bidding activities and promote the healthy development of electronic bidding, these Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) (hereinafter referred to as the Bidding Law and the Regulations for the Implementation of the Bidding Law respectively).

Article 2 These Measures shall apply to electronic tendering and bidding activities within the territory of People's Republic of China (PRC).

The term "electronic tendering and bidding activities" as mentioned in these Measures refers to all or part of tendering and bidding transactions, public services and administrative supervision activities in the form of data messages and relying on the electronic tendering and bidding system.

The form of data message has the same legal effect as that of paper bidding activities.

Article 3 The electronic bidding system can be divided into trading platform, public service platform and administrative supervision platform according to different functions.

The trading platform is an information platform for completing bidding and tendering transactions in the form of data messages. Public service platform is an information platform that meets the needs of information exchange and resource sharing between trading platforms and provides information services for market subjects, administrative supervision departments and the public. The administrative supervision platform is an information platform for administrative supervision departments and supervisory organs to supervise electronic bidding activities online.

The development, testing, certification and operation of the electronic bidding system shall abide by these Measures and the attached Technical Specification for Electronic Bidding System (hereinafter referred to as the Technical Specification).

Article 4 The development and reform department of the State Council is responsible for guiding and coordinating the national electronic tendering and bidding activities, and the development and reform departments of local governments at all levels are responsible for guiding and coordinating the electronic tendering and bidding activities within their respective administrative areas. Departments of government development and reform, industry and informatization, housing and urban construction, transportation, railways, water conservancy and commerce at all levels shall, in accordance with the prescribed division of responsibilities, supervise electronic bidding activities and investigate and deal with illegal acts in electronic bidding activities according to law.

The regulatory body of the legally established bidding and tendering trading place is responsible for supervising and guiding the bidding and tendering trading place to promote the electronic bidding and tendering work, and cooperating with relevant departments to supervise the electronic bidding and tendering activities.

The relevant departments of the government at or above the provincial level shall supervise the construction and operation of the electronic tendering and bidding system and related testing and certification activities within their respective administrative areas.

The supervisory organ shall supervise the objects of supervision related to electronic tendering and bidding activities according to law.

Chapter II Electronic Bidding Trading Platform

Article 5 Electronic tendering and bidding trading platforms shall be constructed and operated in the direction of marketization, specialization and intensification in accordance with the principles of unified standards, interconnection, openness, transparency, safety and efficiency.

Article 6 The legally established tendering and bidding trading places, tenderers, tendering agencies and other legally established legal person organizations may build and operate electronic tendering and bidding trading platforms according to industries and professional categories. The State encourages electronic bidding and tendering trading platforms to compete on an equal footing.

Article 7 According to these Measures and technical specifications, the electronic bidding trading platform shall have the following main functions:

(1) Complete all transaction processes of online bidding;

(2) Editing, generating, docking, exchanging and publishing relevant bidding data and information;

(three) to provide the administrative supervision departments and supervisory organs with the supervision channels needed to supervise and accept complaints according to law;

(four) other functions stipulated in these measures and technical specifications.

Article 8 An electronic bidding trading platform shall, in accordance with the provisions of technical specifications, implement unified information classification and coding standards, and open data interfaces and release interface requirements for interconnection, exchange and sharing of various electronic bidding information.

The interface of electronic bidding trading platform shall be technology neutral, compatible with all kinds of tools and software that need to be developed independently, and shall not restrict or exclude the docking of tools and software that meet the requirements of technical specifications.

Article 9 The electronic tendering and bidding trading platform shall allow the public and market entities to register and log in for free and obtain the bidding information disclosed according to law, so as to provide necessary conditions for the parties involved in tendering and bidding activities, administrative supervision departments and supervisory organs to log in and use the trading platform according to their respective responsibilities and registration authority.

Tenth electronic bidding trading platform shall be tested and certified in accordance with the "Regulations on Certification and Accreditation of People's Republic of China (PRC)" and other relevant provisions, and the electronic bidding trading platform that has passed the test and certification shall be published on the public service platform of electronic bidding at or above the provincial level.

The server of the electronic bidding trading platform shall be located in People's Republic of China (PRC) (China).

Eleventh electronic bidding trading platform operating institutions should be legally established legal persons, with a certain number of full-time information technology, bidding professionals.

Twelfth electronic bidding trading platform operating institutions shall, in accordance with the relevant national laws, regulations and technical specifications, establish and improve the standardized operation and safety management system of electronic bidding trading platform, strengthen monitoring and testing, and timely discover and eliminate hidden dangers.

Thirteenth electronic bidding trading platform operators should adopt reliable identification, authority control, encryption, virus prevention and other technologies to prevent unauthorized operation, to ensure the safety, stability and reliability of the trading platform.

Article 14 The operating institution of the electronic tendering and bidding trading platform shall take effective measures to verify the authenticity of the initially entered information and ensure that the data message is not tampered with, omitted and traceable.

Article 15 Operators of electronic tendering and bidding trading platforms shall not restrict or exclude potential bidders in any way, shall not disclose information that should be kept confidential according to law, and shall not resort to fraud or collusion in bidding or provide convenience for fraud and collusion in bidding.

Chapter III Electronic Bidding

Article 16 A tenderer or its entrusted tendering agency shall register the electronic tendering and bidding trading platform it uses. If you choose to use the electronic tendering and bidding trading platform operated by a third party other than the tenderer or the tendering agency, you should also sign a contract with the operating agency of the electronic tendering and bidding trading platform to clarify the rights and obligations such as service content, service quality and service fee, and make an agreement on the ownership of property rights, confidentiality responsibilities and filing of relevant materials in the service process according to law.

The operating institution of electronic bidding trading platform shall not require potential bidders to purchase the specified tools and software on the grounds of matching technology and data interface.

Article 17 A tenderer or a tendering agency entrusted by him shall specify the network address and method for potential bidders to access the electronic tendering and bidding trading platform in the prequalification announcement, tender announcement or invitation to bid. The relevant announcements of the above-mentioned projects subject to public bidding according to law shall be released simultaneously on the electronic bidding trading platform and the bidding announcement media designated by the state.

Article 18 The tenderee or the tendering agency entrusted by it shall load the pre-qualification documents and bidding documents in the form of data messages to the electronic tendering and bidding trading platform in time for potential bidders to download or consult.

Article 19 Pre-qualification announcements, tender announcements, pre-qualification documents and tender documents in the form of data messages shall be standardized in format and meet the requirements of relevant laws and regulations and standard texts issued by relevant state departments.

Twentieth in addition to the provisions of these measures and technical specifications for registration, no unit or individual may set preconditions such as registration and bidding registration in bidding activities, and restrict potential bidders from downloading pre-qualification documents or bidding documents.

Article 21 Before the deadline for submission of bids, the operating institution of electronic bidding trading platform shall not disclose the names and numbers of potential bidders who downloaded the prequalification documents and bidding documents and other information that may affect fair competition to the tenderee or any unit or individual other than the tendering agency entrusted by it.

Article 22 Where a tenderer clarifies or modifies the prequalification documents and bidding documents, it shall publish the clarified or modified contents in a prominent way through the electronic bidding trading platform, and notify all potential bidders who download the prequalification documents or bidding documents in an effective way.

Chapter IV Electronic Bidding

Twenty-third electronic bidding trading platform operating institutions and any unit or individual that has a holding or management relationship with this institution may affect the fairness of bidding, and may not bid and bid as an agent in the bidding projects conducted by this trading platform.

Article 24 A bidder shall register on the electronic tendering and bidding trading platform specified in the prequalification announcement, tender announcement or invitation to bid, submit relevant information truthfully, and be verified by the operating agency of the electronic tendering and bidding trading platform.

Twenty-fifth bidders shall submit the prequalification application documents or bidding documents in the form of data messages through the electronic bidding trading platform designated by the prequalification announcement, tender announcement or invitation to bid.

Twenty-sixth electronic bidding trading platform should allow bidders to prepare bidding documents offline, and have the function of encryption and decryption in sections or as a whole.

The bidder shall compile and encrypt the bidding documents in accordance with the requirements of the bidding documents and the electronic bidding trading platform.

If the bidder fails to encrypt the bidding documents as required, the electronic bidding trading platform shall refuse and prompt.

Twenty-seventh bidders shall complete the submission and submission of bid documents before the deadline for bidding, and may supplement, modify or withdraw the bid documents. If the transmission of bid documents is not completed before the deadline for submission of bids, it shall be deemed as withdrawal of bid documents. Bidding documents delivered after the deadline for bidding will be rejected by the electronic bidding trading platform.

When the electronic tendering and bidding trading platform receives the bidding documents delivered by the bidders, it shall immediately send a confirmation receipt notice to the bidders and properly keep the bidding documents. Before the deadline for submission of bids, no unit or individual may decrypt or extract the bidding documents except for the bidders to supplement, modify or withdraw the bidding documents.

Article 28 Preparation, encryption, submission, transmission, reception and confirmation of prequalification application documents. The provisions of these Measures on the tender documents shall apply.

Chapter V Electronic Bid Opening, Bid Evaluation and Bid Winning

Twenty-ninth electronic bid opening shall be conducted in public on the electronic bidding trading platform according to the time specified in the bidding documents, and all bidders shall attend the online bid opening on time.

Article 30 When opening bids, the electronic tendering and bidding trading platform automatically extracts all the bidding documents, prompting the tenderee and the bidder to decrypt them online on time in the manner specified in the bidding documents. After the decryption is completed, the name of the bidder, the bid price and other contents specified in the bidding documents will be announced to all bidders.

Article 31 If the bid documents are not decrypted due to the bidder's reasons, the bid documents shall be deemed to be revoked; Failure to decrypt the bid documents due to reasons other than the bidder shall be deemed as withdrawal of the bid documents, and the bidder shall have the right to demand the responsible party to compensate for the direct losses suffered as a result. If part of the bidding documents have not been decrypted, the bid opening of other bidding documents can continue.

The tenderer may specify the remedy scheme for the failure of decryption of the tender documents in the tender documents, and the tender documents shall respond according to the requirements of the tender documents.

Thirty-second electronic bidding trading platform shall generate bid opening records and make them public, except those that should be kept confidential according to law.

Thirty-third electronic bid evaluation should be conducted online under the environment of effective monitoring and confidentiality.

According to the national regulations, members of the bid evaluation committee should log on to the electronic bidding trading platform used by the project subject to tender at the legally established bidding trading place for bid evaluation.

If the bidder needs to clarify or explain the bidding documents in the bid evaluation, the tenderer and the bidder shall exchange data messages through the electronic bidding trading platform.

Thirty-fourth after the completion of the bid evaluation, the bid evaluation committee shall submit the bid evaluation report to the tenderer in the form of data message through the electronic bidding trading platform.

Thirty-fifth projects that must be subject to tender according to law shall be publicized and announced on the electronic bidding trading platform.

Thirty-sixth after determining the winning bidder, the tenderer shall send the bid-winning notice to the winning bidder in the form of data message through the electronic bidding trading platform, and send the bid-winning result notice to the unsuccessful bidder.

The tenderer shall sign a contract with the winning bidder in the form of data message through the electronic bidding trading platform.

Article 37 The tenderee, the winning bidder and other relevant entities are encouraged to submit and publish the performance information of the winning contract in time through the electronic tendering and bidding trading platform.

Article 38 The provisions of these Measures on tender documents shall apply to the decryption, bid opening, evaluation and announcement of the results of pre-qualification application documents.

Thirty-ninth bidders or other interested parties raise objections to the prequalification documents, bidding documents, bid opening and bid evaluation results according to law, and the tenderer's reply shall be made through the electronic bidding trading platform.

Fortieth the following data messages in bidding activities shall be electronically signed and filed in accordance with the requirements of the People's Republic of China (PRC) Electronic Signature Law and the bidding documents:

(1) Pre-qualification announcement, tender announcement or invitation to bid;

(two) prequalification documents, bidding documents and their clarifications, supplements and amendments;

(3) Pre-qualification application documents, bidding documents and their clarifications and explanations;

(4) Qualification examination report and bid evaluation report;

(five) the notice of prequalification results and the notice of winning the bid;

(6) contract;

(seven) other documents prescribed by the state.

Chapter VI Information Sharing and Public Services

Forty-first electronic bidding trading platform shall publish the following main information in a timely manner according to law:

(a) Name, address, contact person and contact information of the bidder;

(two) the name, content, scale, source of funds and main technical requirements of the project subject to tender;

(three) the name, qualification, project leader and contact information of the bidding agency;

(four) the name of the bidder, qualification and scope of permission, and the person in charge of the project;

(five) the name of the winning bidder, the winning amount, the signing time and the contract period;

(6) Announcements and propaganda as prescribed by the state and other information released and exchanged in accordance with technical specifications.

Encourage the parties involved in bidding activities to announce the contract performance of the project completion quality, construction period and settlement amount through the electronic bidding trading platform.

Forty-second government departments at all levels shall, in accordance with the provisions of the People's Republic of China (PRC) Municipal Government Information Disclosure Clause, publish the following information on their websites in a timely manner and allow downloading:

(1) Relevant laws, regulations and normative documents;

(two) the name, business scope and annual inspection of the unit that has obtained the relevant engineering and service qualification certificate or the license for the production and operation of goods;

(three) the name and electronic certificate number of the employees who have obtained the relevant professional titles and professional qualifications;

(four) the administrative decisions made on illegal acts and the handling of complaints about bidding activities;

(five) industry and commerce, taxation, customs, finance and other related information. Disclosure according to law.

Article 43 The development and reform department of the government at or above the municipal level with districts shall, jointly with relevant departments, promote the establishment of a unified public service platform for electronic tendering and bidding in this region in accordance with the principles of government-led, co-construction and sharing and public service, and provide information services for electronic tendering and bidding trading platforms, parties involved in tendering and bidding activities, the public, administrative supervision departments and supervisory organs.

Article 44 According to these Measures and technical specifications, the public service platform for electronic tendering and bidding shall have the following main functions:

(1) Linking the websites of governments at all levels and their departments to collect, integrate and publish relevant information such as laws, regulations, normative documents, administrative licenses, administrative decisions, market supervision and services;

(2) Connecting the electronic bidding trading platform with the announcement media specified by the state, exchanging, integrating and publishing the information specified in Article 41 of these Measures;

(3) Connecting the bid evaluation expert database established according to law to realize the sharing of expert resources;

(four) to support the compatibility and mutual recognition of digital certificates of different electronic certification service institutions;

(five) to provide the administrative supervision departments and supervisory organs with the necessary supervision channels according to law;

(six) the integration and analysis of relevant data and information, dynamically reflect the operation of the bidding market, the performance and credit status of relevant market entities.

Information that must be disclosed according to law is provided free of charge by the public service platform.

The public service platform shall also comply with the provisions of Articles 8 to 15 of these Measures.

Article 45 An electronic tendering and bidding trading platform shall be registered in any public service platform for electronic tendering and bidding in accordance with the provisions of these Measures and technical specifications, and timely provide the information specified in Article 41 of these Measures and other information determined by both parties through consultation to the public service platform for electronic tendering and bidding.

The public service platform for electronic tendering and bidding shall, in accordance with the provisions of these Measures and technical specifications, open the data interface and release the interface requirements, and timely exchange the necessary information for tendering and bidding activities with the trading platform for electronic tendering and bidding, as well as other information determined by both parties through consultation.

The public service platform for electronic tendering and bidding shall, in accordance with the provisions of these Measures and technical specifications, open the data interface and publish the interface requirements, connect and register with the public service platform for electronic tendering and bidding at the next higher level, and timely exchange the information specified in Article 44 of these Measures and other information determined by both parties through consultation.

The public service platform for electronic tendering and bidding shall allow the public and market entities to register and log in for free and obtain the bidding information disclosed according to law, and provide necessary conditions for tenderers, bidders, administrative supervision departments and supervisory organs to log in and use the public service platform according to their respective responsibilities and registration authority.

Chapter VII Supervision and Administration

Forty-sixth electronic bidding activities and related subjects should consciously accept the supervision and supervision carried out by administrative supervision departments and supervisory organs according to law.

Forty-seventh administrative supervision departments and supervisory organs should combine the construction of e-government, improve the supervision ability of electronic bidding, and set up and publish relevant laws and regulations, administrative supervision basis, responsibilities and powers, supervision links, procedures and time limits, information exchange requirements and contact information according to law.

Forty-eighth electronic bidding trading platform and public service platform shall, in accordance with the provisions of these Measures and technical specifications, open data interface and release interface requirements to the administrative supervision platform, and exchange and release relevant bidding information in a timely manner in accordance with relevant regulations.

The administrative supervision platform shall open the data interface and publish the data interface requirements, and shall not restrict or exclude the electronic tendering and bidding trading platform and public service platform that have passed the testing and certification from exchanging information with them, and refer to the relevant provisions of Articles 8 to 15 of these Measures.

Article 49 An electronic bidding trading platform shall set the responsibilities and authority of electronic bidding staff according to law, truthfully record the bidding process, data and information sources, and the time, network address and staff of each operation link, and have the function of electronic filing.

The public service platform for electronic tendering and bidding shall record and publish the source and time of relevant transaction data and information, and make electronic archiving and backup.

No unit or individual may forge, tamper with or damage the information of electronic bidding activities.

Fiftieth administrative supervision departments, supervision organs and their staff, in addition to performing their duties according to law, shall not interfere in electronic bidding activities, and abide by the relevant provisions on information confidentiality.

Fifty-first bidders or other interested parties think that electronic bidding activities do not comply with the relevant provisions, they can complain through the relevant administrative supervision platform.

Article 52 When administrative supervision departments and supervisory organs supervise and inspect bidding activities or handle complaints according to law, the parties involved in bidding activities and the operating institutions of electronic bidding trading platforms and public service platforms shall implement the administrative supervision or administrative supervision instructions issued through their platforms, and truthfully provide relevant information to assist in the investigation and handling.

Chapter VIII Legal Liability

Fifty-third electronic bidding system in any of the following circumstances, shall be ordered to make corrections; Those who refuse to make corrections shall not be delivered for use, and those who have already operated shall stop operating.

(a) does not have the main functions stipulated in these measures and technical specifications;

(two) do not provide supervision channels for administrative supervision departments and supervisory organs;

Failing to implement unified information classification and coding standards;

(four) do not open the data interface, do not publish interface requirements;

(5) Failing to register, connect, exchange or publish information in accordance with regulations;

Does not meet the technical and safety requirements;

(seven) did not pass the inspection and certification in accordance with the provisions.

Article 54 A tenderer or an operator of an electronic tendering and bidding system shall be deemed to restrict or exclude potential bidders in any of the following circumstances, and shall be punished in accordance with the provisions of Article 51 of the Bidding Law.

(a) using technical means to provide different information to market participants who enjoy the same authority;

(two) to refuse or restrict the public and market participants to register and obtain the bidding information that must be disclosed according to law;

(3) Setting preconditions such as registration and bidding registration in violation of regulations;

(four) deliberately incompatible with all kinds of tools and software that need to be developed independently and meet the requirements of technical specifications;

(five) deliberately set obstacles to the submission or decryption of bid documents.

Fifty-fifth electronic bidding trading platform operators in any of the following circumstances, shall be ordered to make corrections, and punished in accordance with the relevant provisions.

(a) require bidders to register in violation of regulations and collect fees;

(2) Require bidders to purchase specified tools and software;

(three) other circumstances that infringe upon the legitimate rights and interests of the parties to the bidding activities.

Article 56 Where an operator of an electronic bidding system discloses to others the names, quantities and contents of potential bidders who have obtained the bidding documents, or the bidding information that may affect fair competition, such as the evaluation and comparison of the bidding documents, it shall be punished with reference to the provisions of Article 52 of the Bidding Law on disclosure of secrets by bidders.

Article 57 Where a party to a bidding activity and an operating institution of an electronic bidding system help a tenderer or a bidder to collude in bidding, they shall be punished in accordance with Article 53 of the Bidding Law and Article 67 of the Regulations for the Implementation of the Bidding Law.

Article 58 If the parties involved in the bidding activities and the operating institutions of the electronic bidding system forge, tamper with or destroy the bidding information or resort to deceit in other ways, they shall be punished in accordance with Article 54 of the Bidding Law and Article 68 of the Regulations for the Implementation of the Bidding Law.

Article 59 If the operator of the electronic bidding system fails to fulfill the obligation of verifying the initial input information in accordance with the provisions of these Measures and technical specifications, thus causing losses to the parties involved in the bidding activities, it shall bear the corresponding liability for compensation.

Article 60 If the relevant administrative supervision departments and their staff fail to perform their duties, or take advantage of their positions to illegally interfere in electronic tendering and bidding activities, it shall be handled in accordance with relevant laws and regulations.

Chapter IX Supplementary Provisions

Article 61 The tendering and bidding association shall strengthen the self-discipline management and service of electronic tendering and bidding activities in accordance with relevant regulations.

Article 62 If paper documents need to be used at the same time in some links of electronic bidding, it shall be clearly stipulated in the bidding documents; When the paper document is inconsistent with the data message, the data message shall prevail unless otherwise stipulated in the tender document.

Article 63 Matters not covered in these Measures shall be implemented in accordance with relevant laws, regulations and rules.

Article 64 These Measures shall be interpreted by the National Development and Reform Commission in conjunction with relevant departments.

Article 65 As an annex to these Measures, technical specifications have the same effect as these Measures.

Article 66 These Measures shall come into force as of May 0, 2065438.

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