The Ministry of Construction Circular on Distributing the Interim Measures for Bid-Inviting and Bidding Management of Preliminary Realty Management of the Ministry JianZhuFang [2003] No.130 The construction departments of the provinces and autonomous regions, the bureaus of the real estate administration of the municipalities In order to regulate the bid-inviting and bidding activities of the realty management, to safeguard the legitimate rights and interests 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 Article 2 The preliminary realty management herein shall refer to the realty management implemented by the realty management enterprise engaged The Measures shall apply when the construction entity selects the realty management enterprises with the corresponding qualification Article 3 A construction entity of any residential and the non-residential realty in a same realty management area shall select the realty management The state promotes that the construction entities of other realty engage the realty management enterprises with the corresponding Article 4 The bid-invitation and bidding activities of preliminary realty management shall stick to the principle of openness, fairness, justice Article 5 The administrative department of construction under the State Council shall be in charge of the supervision and administration of The administrative departments of construction of the local peoples governments of the provinces and autonomous regions shall be The administrative departments of real estate of the local peoples governments of the municipalities directly under the Central Article 6 Any entity and individual shall not violate the provisions of laws and administrative regulations, restrict or exclude the eligible 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 The bid-invitation of preliminary realty management shall be organized and implemented by the bid inviter. The bid inviter shall not 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 The bid-inviting announcement shall clearly state the name and address of the bid inviter, the basic circumstances of the bid-inviting In case of invited bidding, the bid inviter shall issue bidding invitations to no less than 3 realty management enterprises, which 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 The bid-inviting agency of realty management shall handle with the bid invitation in the authorized scope of the bid inviter and abide Article 10 The bid inviter shall complete the preparation of the bid-inviting documents prior to the bid invitation according to the features 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, (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 (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 shallwithin 10 days upon the issuance of the bidding invitation, submit the following materials for filling by the (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 Article 12 The bid inviter of the open bidding may pre-examine the bidding qualification of the bidding applicants according to the provisions For the realty management project carrying out the pre-examination of the bidding qualification, the bid inviter shall clearly state The documents of the qualification pre-examination shall generally include the application format of the qualification pre-examination, Article 13 Upon qualification pre-examination, the bid inviter of the open bidding shall issue the qualified notification of qualification pre-examination In case of excessive bidding applicants who are qualified in the qualification pre-examination, the bid inviter may choose no less Article 14 The bid inviter shall determine the reasonable time required by the bidder for preparation of the bidding documents. In case of the Article 15 In case of carrying out necessary clarification or modification, the bid inviter shall notify all recipients 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 Article 17 The bid inviter shall not disclose name and quantity of the potential bidders who have obtained the bid-inviting documents and other Article 18 Prior to determining the bid winner, the bid inviter shall not hold negotiations with the bidder on the substantive content of bidding Article 19 In case of selecting realty management enterprise through bid-invitation and bidding, the bid inviter shall complete the bid-inviting (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 The bidder shall have the corresponding qualification of the realty management enterprise and other conditions required in the bid-inviting 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 Article 22 The bidder shall formulate the bidding documents that follow the substantive requirements and conditions posed in the bid-inviting 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 Article 24 The bidder may supply, modify or withdraw the bidding documents prior to the deadline for submission of the bidding documents as required 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 The bidder shall not mutually conspire to bid and damage the national interests, the social public interests or the legitimate rights The bidder is prohibited from winning of the bid by unfair means of bribery to the bid inviter or the members of bidding evaluation 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 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 The sealing condition of the bidding document shall be examined by the bidder or its representative, or be examined and notarized For all the bidding documents received prior to the deadline for submission of the bidding documents required in the bid-inviting 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, The expert members of the Bidding Evaluation Commission shall be confirmed by the bid inviter by the means of random sampling from 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 The administrative department of real estate shall carry out training on laws and businesses with the experts in the expert name list, 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 The members of Bidding Evaluation Commission and workers relating to the bidding evaluation activities shall not disclose the examination The workers relating to bidding evaluation activities in the preceding paragraph refer to all persons who get acquainted with the Article 31 The Bidding Evaluation Commission may require in writing the bidders to clarify or explain the content of ambiguous meaning in the Article 32 In case of convening a site demonstration meeting in the course of bidding evaluation, the bid inviter shall describe it in advance The members of Bidding Evaluation Commission shall carry out the comprehensive evaluation according to the requirements of the Bidding 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 Article 34 Upon examination and appraisal, if the Bidding Evaluation Commission hold that all bidding documents are not in compliance with the In case all the realty management project that must conduct the bid-invitation by force of law are vetoed, the bid inviter shall initiate Article 35 Upon the completion of bidding evaluation, the Bidding Evaluation Commission shall put forth a written report of bidding evaluation, The bid inviter shall confirm the bid winner according to the order of candidate bid winners. If the candidate bid winners who are 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 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 The bid inviter shall, within 15 days upon the confirmation of bid winner, file with the administrative departments of real estate Article 38 The bid inviter and bid winner shall, within 30 days upon issuing the notification of bid winning, reach a written contract according 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 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 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; Article 42 For the residence scale that is relatively small specified in Article 3 of the Measures, upon the approval of the administrative Article 43 Reference will be made with the Measures when the owners and the owners’ meeting select the realty management enterprises with the Article 44 The Measures shall come into force on September 1, 2003. |
The Ministry of Construction
2003-06-26