Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services
Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services
Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services
Order of the Ministry of Finance of the People's Republic of China No.87
July 11, 2017
The Ministry of Finance has revised the Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services (Order of the Ministry of Finance No.18). The revised Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services, which have been adopted upon deliberation at the executive meeting of the Ministry of Finance, are hereby promulgated and shall come into force as of October 1, 2017.
Xiao Jie, Minister
Chapter I General Provisions
Article 1 In order to regulate the procurement activities of the parties involved in government procurement, strengthen the supervision and administration of invitations to bid and tenders in government procurement of goods and services, maintain state interests, public interests as well as the legitimate rights and interests of the parties involved in invitations to bid and tenders in government procurement, the Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services (hereinafter referred to as the "Measures") are hereby enacted in accordance with the Government Procurement Law of the People's Republic of China (hereinafter referred to as the "Government Procurement Law"), the Implementing Regulations of the Government Procurement Law of the People's Republic of China (hereinafter referred to as the " Implementing Regulations of the Government Procurement Law") and other relevant laws and regulations.
Article 2 The Measures shall apply to invitations to bid and tenders in the government procurement of goods and services (hereinafter referred to as the "goods and services") carried out within the territory of the People's Republic of China.
Article 3 Invitations to bid concerning goods or services may be classified into public invitations to bid and invitation-based tenders for bidding.
A public invitation to bid refers to a procurement method in which a purchaser lawfully invites uncertain suppliers to bid by announcement.
An invitation-based tender for bidding refers to a procurement method in which a purchaser lawfully and randomly selects three or more suppliers from the qualified ones, whom are invited by an invitation letter to bid.
Article 4 In regard to government procurement items that come under local budgets, people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation, determine the standards for amounts for public invitation for bid at the provincial level, level of city divided into districts and county level applicable to their respective administrative areas.
Article 5 Purchasers shall implement government procurement policies, such as protecting the environment, supporting underdeveloped regions and minority regions, and promoting the development of small and medium-sized enterprises in invitations to bid and tenders for goods and services.
Article 6 Purchasers shall, in accordance with the requirements of the internal control standards for administrative institutions, establish and improve their own internal control systems for government procurement, to strengthen internal control management in the key links, such as preparing government procurement budgets and implementation plans, determining procurement demands, organizing procurement activities, carrying out performance acceptance, responding to queries and challenges, cooperating over complaints handling, and supervision and inspection.
Purchasers shall not demand or accept gifts, rebates or other goods or services irrelevant to procurement from suppliers.
Article 7 Purchasers shall determine the attributes of procurement items in accordance with the Classified Catalog of Government Procurement Items formulated by the Ministry of Finance. If the attributes of procurement items cannot be determined in accordance with the Classified Catalog of Government Procurement Items, they shall be determined in accordance with the principle beneficial to the implementation of procurement items.
Article 8 Where a purchaser entrusts a procurement agency to invite bids on its behalf, the procurement agency shall carry out procurement activities in accordance with the law within the scope entrusted by the purchaser.
A procurement agency and its branches shall not submit a bid or do so by proxy in a procurement item for which the agency acts as an agent, or provide any tender consultation for any bidder of such item.
Chapter II Invitations to Bid
Article 9 For any government procurement item not included in the centralized procurement catalog, the purchaser may organize the invitation to bid by itself, or entrust a procurement agency with the invitation to bid within the scope of entrustment.
A purchaser shall meet the following conditions in order to organize and carry out an invitation to bid by itself:
1. have the capacity and conditions for preparing bid-invitation documents and organizing the invitation to bid; and
2. have professional staff adaptive to the specialty of procurement items.
Article 10 Purchasers shall conduct market investigation of the market technology or service level, supply and prices of the subject of procurement, determine the purchase demand in a scientific and reasonable manner according to the investigation results and the asset allocation standards, and measure prices.
Article 11 The procurement demand shall be complete and clear, and include the following:
1. the functions or objectives to be achieved by the subject of procurement, and the requirements required to be met for the implementation of government procurement policies;
2. the relevant national standards, industry standards, local standards or other standards and norms that shall apply to the subject of procurement;
3. the requirements on quality, safety, technical specifications and physical characteristics that the subject of procurement shall meet;
4. the number of the subject of procurement, and the time of delivery or place of implementation of the procurement item;
5. the requirements on service standards, period and efficiency that the subject of procurement shall meet;
6. the acceptance standards for the subject of procurement; and
7. other requirements on technology and services that the subject of procurement shall meet.
Article 12 Purchasers may, according to the price measurement, set a reasonable maximum price within the procurement budgets, but shall not set a minimum price.
Article 13 An announcement on public invitation for bidding shall mainly include the following:
1. name, address and contact information of the purchaser and the procurement entity entrusted by it;
2. name of, and amount of the budget for, the procurement item, and the maximum price, if any;
3. procurement demand of the purchaser;
4. qualification requirements for bidders;
5. time, place and method of obtaining bid-invitation documents, as well as the price of the bid-invitation documents;
6. period of the announcement;
7. deadline for bidding, and time and place for opening of bidding; and
8. name and telephone number of the contact of the procurement item.
Article 14 If an invitation-based tender for bidding is adopted, the purchaser or the procurement agency shall generate a name list of qualified suppliers through the following ways, and randomly select, and issue invitation letters to three or more suppliers among them:
1. issuing a prequalification announcement to solicit suppliers;
2. selecting suppliers from the suppliers library established by the financial department of the people's government at or above the provincial level (hereinafter referred to as the "financial department"); and
3. the purchaser's written recommendation.
If the name list of qualified suppliers is generated by the method set out in Item 1 of the preceding paragraph, the purchaser or the procurement agency shall carry out prequalification of potential bidders in accordance with the standards and methods specified in prequalification documents.
If the name list of qualified suppliers is generated by the method set out in Item 2 or 3 of Paragraph 1, the total number of alternative qualified suppliers shall not be less than twice the total number of suppliers to be randomly selected.
Random selection refers to the selection of suppliers by means of drawing lots or otherwise, to ensure that all qualified suppliers have equal opportunities. During the random selection of suppliers, there should be at least two staff members of the purchaser who conduct supervision on site, and compile written records, which shall be archived together with procurement documents.
Invitation letters shall be sent to all invited suppliers at the same time.
Article 15 A prequalification announcement shall mainly include the following:
1. the content of Items 1 to 4, 6 and 8 of Article 13 hereof;
2. time, place and method of obtaining prequalification documents; and
3. deadline and place of submitting prequalification application documents and date of prequalification.
Article 16 The bid-invitation announcement and prequalification announcement shall be published for five working days. The content of the announcements shall be subject to those published via the media designated by the financial departments at or above the provincial level. The announcement period shall commence on the earliest date of publication via the media designated by the financial departments at or above the provincial level.
Article 17 The purchaser and the procurement agency shall not regard the size conditions, such as the registered capital, total assets, revenue, practitioners, profits and tax amount of bidders, as qualification requirements or assessment factors, nor shall they treat bidders in a differential or discriminatory manner by regarding the authorization, commitment, certification and endorsement of manufacturers of goods other than imported goods.
Article 18 The purchaser or the procurement agency shall provide bid-invitation documents or prequalification documents within such time limit and at such place as prescribed in the bid-invitation announcement, prequalification announcement or invitation letter. The provision time limit shall not be less than five working days as of the date of publication of the bid-invitation announcement or prequalification announcement. Upon expiration of the provisional time limit, if the number of potential bidders who have obtained the bid-invitation documents or prequalification documents is less than three, such time limit may be extended and the announcement on the extension shall be published.
In the case of a public invitation for bidding, in the course of prequalification, the bid-invitation announcement and the prequalification announcement may be published on a consolidated basis, and bid-invitation documents shall be provided for all prequalified suppliers.
Article 19 The purchaser or the procurement agency shall, in accordance with the requirements for the implementation of the procurement item, indicate whether or not to accept the bidding of a consortium in the bid-invitation announcement, prequalification announcement or invitation letter. If no such information is indicated, the bidding of a consortium shall not be refused.
Article 20 The purchaser or the procurement agency shall prepare bid-invitation documents in light of the characteristics and procurement requirements of the procurement item. The bid-invitation documents shall mainly include the following:
1. an invitation for bidding;
2. instructions to bidders (including sealing, signing and stamping requirements for bidding documents);
3. certificates of qualification and creditworthiness that ought to be submitted by the bidders;
4. the requirements that the subject of procurement shall meet and the supporting documents that shall be provided by bidders for the implementation of government procurement policies;
5.
......
Order of the Ministry of Finance of the People's Republic of China No.87
July 11, 2017
The Ministry of Finance has revised the Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services (Order of the Ministry of Finance No.18). The revised Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services, which have been adopted upon deliberation at the executive meeting of the Ministry of Finance, are hereby promulgated and shall come into force as of October 1, 2017.
Xiao Jie, Minister
Chapter I General Provisions
Article 1 In order to regulate the procurement activities of the parties involved in government procurement, strengthen the supervision and administration of invitations to bid and tenders in government procurement of goods and services, maintain state interests, public interests as well as the legitimate rights and interests of the parties involved in invitations to bid and tenders in government procurement, the Administrative Measures for Invitations to Bid and Tenders in Government Procurement of Goods and Services (hereinafter referred to as the "Measures") are hereby enacted in accordance with the Government Procurement Law of the People's Republic of China (hereinafter referred to as the "Government Procurement Law"), the Implementing Regulations of the Government Procurement Law of the People's Republic of China (hereinafter referred to as the " Implementing Regulations of the Government Procurement Law") and other relevant laws and regulations.
Article 2 The Measures shall apply to invitations to bid and tenders in the government procurement of goods and services (hereinafter referred to as the "goods and services") carried out within the territory of the People's Republic of China.
Article 3 Invitations to bid concerning goods or services may be classified into public invitations to bid and invitation-based tenders for bidding.
A public invitation to bid refers to a procurement method in which a purchaser lawfully invites uncertain suppliers to bid by announcement.
An invitation-based tender for bidding refers to a procurement method in which a purchaser lawfully and randomly selects three or more suppliers from the qualified ones, whom are invited by an invitation letter to bid.
Article 4 In regard to government procurement items that come under local budgets, people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation, determine the standards for amounts for public invitation for bid at the provincial level, level of city divided into districts and county level applicable to their respective administrative areas.
Article 5 Purchasers shall implement government procurement policies, such as protecting the environment, supporting underdeveloped regions and minority regions, and promoting the development of small and medium-sized enterprises in invitations to bid and tenders for goods and services.
Article 6 Purchasers shall, in accordance with the requirements of the internal control standards for administrative institutions, establish and improve their own internal control systems for government procurement, to strengthen internal control management in the key links, such as preparing government procurement budgets and implementation plans, determining procurement demands, organizing procurement activities, carrying out performance acceptance, responding to queries and challenges, cooperating over complaints handling, and supervision and inspection.
Purchasers shall not demand or accept gifts, rebates or other goods or services irrelevant to procurement from suppliers.
Article 7 Purchasers shall determine the attributes of procurement items in accordance with the Classified Catalog of Government Procurement Items formulated by the Ministry of Finance. If the attributes of procurement items cannot be determined in accordance with the Classified Catalog of Government Procurement Items, they shall be determined in accordance with the principle beneficial to the implementation of procurement items.
Article 8 Where a purchaser entrusts a procurement agency to invite bids on its behalf, the procurement agency shall carry out procurement activities in accordance with the law within the scope entrusted by the purchaser.
A procurement agency and its branches shall not submit a bid or do so by proxy in a procurement item for which the agency acts as an agent, or provide any tender consultation for any bidder of such item.
Chapter II Invitations to Bid
Article 9 For any government procurement item not included in the centralized procurement catalog, the purchaser may organize the invitation to bid by itself, or entrust a procurement agency with the invitation to bid within the scope of entrustment.
A purchaser shall meet the following conditions in order to organize and carry out an invitation to bid by itself:
1. have the capacity and conditions for preparing bid-invitation documents and organizing the invitation to bid; and
2. have professional staff adaptive to the specialty of procurement items.
Article 10 Purchasers shall conduct market investigation of the market technology or service level, supply and prices of the subject of procurement, determine the purchase demand in a scientific and reasonable manner according to the investigation results and the asset allocation standards, and measure prices.
Article 11 The procurement demand shall be complete and clear, and include the following:
1. the functions or objectives to be achieved by the subject of procurement, and the requirements required to be met for the implementation of government procurement policies;
2. the relevant national standards, industry standards, local standards or other standards and norms that shall apply to the subject of procurement;
3. the requirements on quality, safety, technical specifications and physical characteristics that the subject of procurement shall meet;
4. the number of the subject of procurement, and the time of delivery or place of implementation of the procurement item;
5. the requirements on service standards, period and efficiency that the subject of procurement shall meet;
6. the acceptance standards for the subject of procurement; and
7. other requirements on technology and services that the subject of procurement shall meet.
Article 12 Purchasers may, according to the price measurement, set a reasonable maximum price within the procurement budgets, but shall not set a minimum price.
Article 13 An announcement on public invitation for bidding shall mainly include the following:
1. name, address and contact information of the purchaser and the procurement entity entrusted by it;
2. name of, and amount of the budget for, the procurement item, and the maximum price, if any;
3. procurement demand of the purchaser;
4. qualification requirements for bidders;
5. time, place and method of obtaining bid-invitation documents, as well as the price of the bid-invitation documents;
6. period of the announcement;
7. deadline for bidding, and time and place for opening of bidding; and
8. name and telephone number of the contact of the procurement item.
Article 14 If an invitation-based tender for bidding is adopted, the purchaser or the procurement agency shall generate a name list of qualified suppliers through the following ways, and randomly select, and issue invitation letters to three or more suppliers among them:
1. issuing a prequalification announcement to solicit suppliers;
2. selecting suppliers from the suppliers library established by the financial department of the people's government at or above the provincial level (hereinafter referred to as the "financial department"); and
3. the purchaser's written recommendation.
If the name list of qualified suppliers is generated by the method set out in Item 1 of the preceding paragraph, the purchaser or the procurement agency shall carry out prequalification of potential bidders in accordance with the standards and methods specified in prequalification documents.
If the name list of qualified suppliers is generated by the method set out in Item 2 or 3 of Paragraph 1, the total number of alternative qualified suppliers shall not be less than twice the total number of suppliers to be randomly selected.
Random selection refers to the selection of suppliers by means of drawing lots or otherwise, to ensure that all qualified suppliers have equal opportunities. During the random selection of suppliers, there should be at least two staff members of the purchaser who conduct supervision on site, and compile written records, which shall be archived together with procurement documents.
Invitation letters shall be sent to all invited suppliers at the same time.
Article 15 A prequalification announcement shall mainly include the following:
1. the content of Items 1 to 4, 6 and 8 of Article 13 hereof;
2. time, place and method of obtaining prequalification documents; and
3. deadline and place of submitting prequalification application documents and date of prequalification.
Article 16 The bid-invitation announcement and prequalification announcement shall be published for five working days. The content of the announcements shall be subject to those published via the media designated by the financial departments at or above the provincial level. The announcement period shall commence on the earliest date of publication via the media designated by the financial departments at or above the provincial level.
Article 17 The purchaser and the procurement agency shall not regard the size conditions, such as the registered capital, total assets, revenue, practitioners, profits and tax amount of bidders, as qualification requirements or assessment factors, nor shall they treat bidders in a differential or discriminatory manner by regarding the authorization, commitment, certification and endorsement of manufacturers of goods other than imported goods.
Article 18 The purchaser or the procurement agency shall provide bid-invitation documents or prequalification documents within such time limit and at such place as prescribed in the bid-invitation announcement, prequalification announcement or invitation letter. The provision time limit shall not be less than five working days as of the date of publication of the bid-invitation announcement or prequalification announcement. Upon expiration of the provisional time limit, if the number of potential bidders who have obtained the bid-invitation documents or prequalification documents is less than three, such time limit may be extended and the announcement on the extension shall be published.
In the case of a public invitation for bidding, in the course of prequalification, the bid-invitation announcement and the prequalification announcement may be published on a consolidated basis, and bid-invitation documents shall be provided for all prequalified suppliers.
Article 19 The purchaser or the procurement agency shall, in accordance with the requirements for the implementation of the procurement item, indicate whether or not to accept the bidding of a consortium in the bid-invitation announcement, prequalification announcement or invitation letter. If no such information is indicated, the bidding of a consortium shall not be refused.
Article 20 The purchaser or the procurement agency shall prepare bid-invitation documents in light of the characteristics and procurement requirements of the procurement item. The bid-invitation documents shall mainly include the following:
1. an invitation for bidding;
2. instructions to bidders (including sealing, signing and stamping requirements for bidding documents);
3. certificates of qualification and creditworthiness that ought to be submitted by the bidders;
4. the requirements that the subject of procurement shall meet and the supporting documents that shall be provided by bidders for the implementation of government procurement policies;
5.
......