Interim Measures for the Administration of Bidding Agencies and Employees in Yunnan Province

Interim Measures for the Administration of Bidding Agencies and Employees in Yunnan Province

Chapter I General Provisions

Article 1 In order to optimize the business environment, strengthen the supervision and management of bidding agencies and employees in Yunnan Province, standardize the behavior of bidding agencies, and improve the service quality of bidding agencies. These Measures are formulated in accordance with relevant laws and regulations such as the the People's Republic of China Bidding Law, the Implementation Regulations of the the People's Republic of China Bidding Law, and the Regulations of Yunnan Province on Bidding and Bidding, and in the light of the actual conditions of the province.

Article 2 The term "bidding agency" as mentioned in these Measures refers to a social intermediary organization established in accordance with the law and engaged in bidding agency business and providing related services in accordance with the the People's Republic of China Law on Bidding.

Article 3 The term "employees" as mentioned in these Measures refers to the professionals who sign labor contracts with bidding agencies in accordance with the law and engage in bidding agency work. Practitioners can only be employed by one bidding agency at the same time.

Article 4 These Measures shall apply to the supervision and administration of bidding agencies and employees who enter the public resources trading centers at all levels in the province to carry out bidding activities and related services.

Article 5 The Provincial Development and Reform Commission is responsible for the guidance, coordination and comprehensive supervision of the management of bidding agencies and employees in the province. Each administrative supervision department shall, in accordance with the prescribed division of responsibilities, supervise the bidding agency behavior of the bidding agencies and employees in the bidding and bidding projects under its supervision in accordance with the law. Development and reform departments at all levels, together with administrative supervision departments at the same level, promote coordinated supervision.

Public resource trading centers at all levels are responsible for providing witness services, recording and reporting relevant agency behaviors of bidding agencies and employees, and providing support and services for relevant administrative supervision departments to implement supervision and management.

Chapter II Practice Standards

Article 6 Bidding agencies and employees shall consciously abide by laws and regulations, industry codes of conduct and on-site management systems of public resources trading centers at all levels, and improve their professional service capabilities and levels.

Article 7 A tenderer shall have the right to select a bidding agency on his own, determine the manner of selecting a bidding agency on his own, and entrust it to handle the bidding matters. No unit or individual shall designate a bidding agency for the tenderer in any way, and shall not require the tenderer to determine the bidding agency by drawing lots, drawing, lottery, comparison and selection, shortlisting, etc.

Article 8 A bidding agency shall meet the following conditions:

The (I) is registered and established according to law;

The (II) has a fixed business place, necessary facilities and corresponding funds to engage in bidding agency business;

The (III) has the corresponding professional strength to prepare the bidding documents and organize the bid evaluation;

(IV) other conditions stipulated by laws and regulations.

Article 9 A bid invitation agency shall enjoy the following rights:

The (I) is entrusted by the tenderer to handle tender matters in accordance with the law;

(II) obtain reasonable economic remuneration that matches the contractual agreement with the content and effectiveness of the agent's work;

Other rights granted by (III) laws and regulations.

Article 10 A bidding agency shall perform the following obligations:

(I) abide by laws and regulations, abide by professional ethics;

(II) implementation of national policies and relevant standards;

(III) refuse illegal or other unreasonable requirements of the Tenderee;

(IV) perform their duties in accordance with the law, ensure the quality of agency business and assume corresponding responsibilities;

(V) keep known state secrets, commercial secrets and technical secrets;

(VI) sign labor contracts with employees in accordance with the law and pay social insurance in full and on time;

(VII) shall not allow others to undertake agency business in the name of the institution;

(VIII) take the initiative to report to the relevant administrative supervision departments violations of laws, regulations and technical standards in bidding activities;

(IX) assist development and reform departments and administrative supervision departments at all levels in their work;

(X) safeguard the legitimate rights and interests of tenderers and bidders in accordance with the law;

(11) Entrusted by the tenderer to organize the preparation and interpretation of the tender documents, and bear the corresponding responsibility for the legality, scientificity and correctness of the bidding qualification conditions and bid evaluation methods set in the tender documents;

(12) According to the requirements of "one project, one file", the archives of the agency project shall be completely preserved for at least 15 years from the date of handover to the tenderee. The archives of the agency project can be stored in electronic version or in paper version, including but not limited to the bidding documents, bid documents of the winning bidder, bid evaluation report, bid documents, query reply and other relevant documents and materials;

(13) to accept the supervision and management of the administrative supervision department and the guidance of the bidding industry association;

(14) Other obligations prescribed by laws and regulations.

Article 11 The employees of a bidding agency shall meet the following conditions:

(I) support the leadership of the Communist Party of China and abide by the provisions of the Constitution and laws;

The (II) has full capacity for civil conduct;

(III) familiar with the laws and regulations related to tendering and bidding;

(IV) have the appropriate expertise and knowledge;

(V) familiar with the electronic bidding process, skilled use of electronic bidding system;

(VI) other conditions stipulated by laws and regulations.

Article 12 The employees of a bidding agency shall enjoy the following rights according to law:

(I) personnel engaged in the bidding agency business have the right to choose their own units and engage in bidding work in accordance with the law;

The (II) shall, in accordance with the work responsibilities of the unit, carry out bidding-related business and obtain corresponding labor remuneration in accordance with the law;

(III) resist, remind, correct and report any violation of the relevant laws and regulations of the state during the bidding process;

Other rights granted by (IV) laws and regulations.

Article 13 The employees of a bidding agency shall perform the following obligations in their practice activities:

(I) strictly abide by the requirements of relevant laws, regulations and policy documents of bidding and bidding, implement national and industrial standards and norms, and safeguard the national and social public interests and the legitimate rights and interests of service subjects;

(II) promptly report to the relevant administrative supervision departments any violations of laws and regulations found in the agency bidding and tendering business;

(III) safeguard the interests of the public in accordance with the law, be responsible to the tenderer, abide by professional ethics, perform in good faith, and perform their duties with due diligence;

(IV) perform the corresponding confidentiality obligations;

Pay (V) attention to the tendering and bidding policy dynamics, participate in vocational training, actively learn professional knowledge and vocational skills, and improve professional service capabilities;

(VI) consciously accept the supervision of administrative supervision departments, accept the guidance of industry organizations and industry self-discipline management;

(VII) other obligations stipulated by laws and regulations.

Article 14 The bidding agency shall provide services for bidding activities in accordance with the principle of voluntariness, equality and fairness, sign an agency contract with the tenderer in accordance with the law, and handle bidding matters within the scope entrusted by the tenderer. The agency contract shall include but not limited to: the scope of agency, term, file preservation, project leader, agency fee collection method and standard, contract termination and termination, liability for breach of contract and other specific matters, the rights and obligations of both parties.

In principle, the cost of bidding agency services shall be paid by the tenderer, and if the tenderer and the tendering agency agree to be paid by the winning bidder, it shall be stated in the tender documents, and the amount or calculation method (not exceeding the estimated cost of the project bidding agency services) and the payment method shall be specified.

Article 15 A bid invitation agency shall provide services within the scope of the agency contract, including but not limited to the following:

(I) draw up the bidding scheme;

(II) preparation of bidding documents;

(III) issuing the tender notice;

(IV) organize bid evaluation activities in accordance with laws and regulations;

(V) publish the bid-winning candidate publicity and the bid-winning result publicity;

(VI) assist the tenderer in issuing the bid-winning notice;

(VII) assist the tenderer to sign the contract with the winning bidder;

(VIII) report the situation of bidding and tendering to the relevant administrative supervision department;

(IX) assist and cooperate with the handling of objections and complaints in bidding activities;

(X) the collection, preservation and transfer of archives of the agency project;

(11) Other service contents stipulated by laws and regulations and agreed upon in the contract.

Article 16 The bidding agency activities shall be subject to the system of the person in charge of the project. The project leader is the manager appointed by the bidding agency to be responsible for the whole process of bidding agency activities. After the signing of the agency contract, the person in charge of the project shall not be changed without the written consent of the tenderee.

Article 17 The employees of bidding agencies shall not participate in the evaluation of their agency projects as bid evaluation experts.

Article 18 A bidding agency may register relevant information on the Yunnan Public Resources Trading Information Network and be responsible for the authenticity and accuracy of the information. If the information of the bidding agency and its employees changes, the relevant information shall be updated within 5 working days from the date of the information change.

Chapter III Service Evaluation

Article 19 The Yunnan Public Resources Trading Information Network shall establish a service evaluation mechanism for bidding agencies. According to the principle of "one project, one evaluation", the tenderee, bidders, bid evaluation experts and public resources trading centers at all levels shall evaluate the quality of agency services (preparation of bidding documents, business level and professional standards) (see the service evaluation form of bidding agencies for details). The evaluation shall follow the principles of objectivity, impartiality and seeking truth from facts. If the individual evaluation score is less than 3 points (excluding 3 points), the evaluation reason shall be filled in.

Article 20 Tenderers and public resources trading centers at all levels shall conduct evaluation within 30 days after the bid winning results are publicized and released. Bidders shall conduct evaluation after the bid opening of the project and before the bid evaluation results are publicized and released. Bid evaluation experts shall conduct evaluation at the end of the bid evaluation work.

If the tenderer, bidder, bid evaluation experts and public resource trading centers at all levels fail to complete the evaluation within the specified time, the default evaluation will be full marks.

Article 21 The final evaluation results of the services of the bidding agency shall be calculated according to the sum of the evaluation results of various evaluation subjects, and the evaluation results of various evaluation subjects shall be the average value of the scores of the participating evaluation subjects.

The evaluation results were made public through the Yunnan Public Resources Trading Information Network and updated dynamically. The list of dynamic catalogues of bidding agencies and the results of service evaluation shall be used as a reference for the tenderer to voluntarily select the bidding agency.

Article 22 A bidding agency with a total score of less than 60 points in the evaluation results may, within 5 working days after the evaluation results are made public, make an online appeal to the administrative supervision department at the same level of the evaluation project through the Yunnan Public Resources Trading Information Network. The appeal shall include a clear request and necessary supporting materials.

Article 23 The administrative supervision department shall, within 5 working days after receiving the appeal from the bidding agency, make the following handling decisions according to the circumstances:

(I) maintain the original evaluation results;

If the (II) evaluation results are not objective or fair, the preliminary handling opinions shall be submitted to the provincial development and Reform Commission step by step, and the provincial development and Reform Commission shall revise the evaluation score after examination.

Chapter IV Supervision and Administration

Article 24 The management of bidding agencies and employees shall follow the principles of compliance with laws and regulations, unified standards, coordinated supervision, and openness and transparency.

Article 25 When the administrative supervision departments at all levels carry out the inspection of the bidding and bidding projects under their supervision, they shall conduct synchronous supervision and inspection of the bidding agency behavior of the bidding agency in the project.

Article 26 If an interested party in bidding believes that a bidding agency has violated laws and regulations in its agency activities, it may file a complaint through the Yunnan Public Resources Trading Information Network, or it may file a complaint with the relevant administrative supervision department.

Chapter V Legal Liability

Article 27 The relevant administrative supervision departments shall investigate and deal with the illegal acts of bidding agencies and employees in accordance with the law, collect relevant evidence and materials, and make handling decisions that are clear in facts, conclusive in evidence and sufficient in basis.

The bidding agency shall handle bidding matters within the scope entrusted by the tenderer, abide by the provisions of laws and regulations on tenderers, and bear corresponding legal responsibilities in accordance with the contract.

Article 28 If a bidding agency engages in the following acts in agency activities, it shall be dealt with by the Provincial Development and Reform Commission in conjunction with the relevant administrative supervision departments in accordance with the laws and regulations on bidding and bidding; if a crime is suspected, it shall be transferred to the judicial organ for handling in accordance with the law. The processing results shall be disclosed through Yunnan Public Resources Trading Information Network:

(I) agents must invite bids according to law and belong to the projects in the public resources trading catalogue of Yunnan Province, but have not entered the public resources trading centers at all levels to conduct transactions;

(II) violate fair market competition and restrict or exclude potential bidders or bidders with unreasonable conditions;

In the bidding process, (III) set up bidding registration, original verification, on-site confirmation and other links without legal basis;

The (IV) shall open the bid documents before the bid opening and inform other bidders of the contents of the bid documents, or assist the bidders to replace or modify the bid documents after the bid opening;

(V) directly or indirectly divulge to bidders the information that should be kept confidential, such as the bottom bid and the list of members of the bid evaluation committee;

(VI) agree with the Bidder to deliberately lower or raise the bid price, and then give the Bidder or the successful Bidder additional compensation after winning the bid;

(VII) pre-determined winning bidder;

The (VIII) expressly or implicitly depresses or increases the bid price and gives instruction to other contents of the bid documents;

(IX) organize, instruct or imply that other bidders create conditions or facilitate the winning of the bid by a particular bidder;

(X) instruct or intentionally guide members of the Bid Evaluation Committee to treat Bidders differently;

(11) In the bidding announcement, bidding documents and other materials, induce or require bidders to provide potential bidders information and bidding materials by mail before the deadline for submission of bidding documents;

(12) There are errors and omissions in the public information or the project information entered is inconsistent with the published bidding documents, which affects the normal participation of potential bidders in bidding;

(13) The bidding agency entrusted with the preparation of the base price shall participate in the bidding of the same project, or accept the entrustment of the bidder of the same project to prepare the bidding documents and provide consulting services;

(14) The time for obtaining the bidding documents is less than 5 days;

(15) selling bidding documents in excess of the production and mailing costs for economic benefits or seeking illegitimate benefits under the guise of bidding;

(16) The establishment of the bid evaluation committee or the pre-qualification committee does not meet the statutory conditions, which affects the normal development of bid evaluation activities;

(17) illegally interfering with the independent evaluation of bids by the bid evaluation committee;

(18) not recording the bid opening process;

(19) failing to publicize the bid-winning results in accordance with the provisions;

(20) failing to submit the complete bidding report and electronic documents within the required time according to the relevant provisions;

(21) Transfer or subcontract the business of bidding agency;

(22) Permitting others to use the name of the institution to contract business or to use the name of others to contract business;

(23) Compulsory bidders to accept services, without increasing the charging items and raising the charging standards in accordance with the contract;

(xxiv) not providing formal invoices for charges;

(25) Causing losses to the tenderee due to work errors;

(26) Other illegal acts stipulated by laws and regulations.

Article 29 If an employee of a bidding agency commits any of the following acts, the Provincial Development and Reform Commission and the relevant administrative supervision department shall deal with it in accordance with the laws and regulations on bidding and bidding; if a crime is suspected, it shall be transferred to the judicial organ for handling in accordance with the law:

(I) disclosure of information and materials related to the activities of the bidding agency that should be kept confidential;

(II) collude with the tenderer, bidders and members of the bid evaluation committee to harm the national interests, social public interests or the legitimate rights and interests of others;

The (III) participates in the bidding, acts as an agent for the bidding project or provides consultation to the bidders of the project;

(IV) does not comply with the public resources trading center site management order;

Other violations of laws and regulations stipulated by (V) laws and regulations.

Article 30: State functionaries who abuse their power, neglect their duties, engage in malpractices for personal gain and other violations of law and discipline in the management of bidding agencies shall be investigated for relevant responsibilities in accordance with the relevant provisions of the the People's Republic of China Law on Tendering and Bidding, the the People's Republic of China Civil Servants Law, the Law on the People's Republic of China Supervision, the Law on the Administration of the People's Republic of China Public Officials, and the Regulations on the Implementation of the the People's Republic of China Law on Tendering and Bidding; if a crime is suspected, it shall be transferred to the judicial organ for handling.

Chapter VI Industry Self-discipline

Article 31 Industry associations are encouraged to establish industry self-discipline mechanisms, formulate industry self-discipline norms such as agency codes of conduct, service codes of conduct, and professional ethics codes, and strengthen the guidance, education and restraint of the behavior of bidding agencies and employees.

Article 32 Industry associations shall take the initiative to assist the development and reform and administrative supervision departments at all levels in regulating the behavior of bidding agencies, organize experience exchange activities in bidding and bidding business and industry management, and promote the healthy development of the bidding agency industry.

Chapter VII Supplementary Provisions

Article 33 The Yunnan Provincial Development and Reform Commission shall be responsible for the interpretation of these Measures.

Article 34 These Measures shall come into force on February 3, 2023, with a trial period of two years.

Schedule: Bidding Agency Service Evaluation Form