评标委员会和评标方法暂行规定 Bid Evaluation Committees and Methods Tentative Provisions
2009-03-24 法律英语 来源:互联网 作者: ℃Article 20 If during the bid evaluation process the bid evaluation committee discovers that a bidder has submitted its bid under the name of a third party, or that bidders have colluded with each other in the submission of their bids, or that a bidder has used bribery with a view to winning the bid or used other fraudulent means in the submission of its bid, the bid(s) of the said bidder(s) shall be treated as invalid.
Article 21 If the bid evaluation committee discovers during the bid evaluation process that a bidder's quote is markedly lower than the quotes of the other bidders or the reserve price (if set), possibly causing its bid to be lower than its costs, the bid evaluation committee shall require the said bidder to present a written explanation thereof and provide relevant supporting materials. If the bidder fails to provide a reasonable explanation or relevant supporting materials, the bid evaluation committee shall consider the said bidder to be competing in the bid on the basis of a below-cost quote and treat its bid as invalid.
Article 22 If a bidder's qualifications do not satisfy the relevant State regulations or the requirements of the bid invitation documents, or the bidder refuses to clarify, explain, supplement or correct its bid documents as required, the bid evaluation committee may reject such bidder's bid.
Article 23 The bid evaluation committee shall examine whether each bid document addresses all the substantive requirements and conditions specified in the bid invitation documents. Bids that fail to address such substantive requirements and conditions shall be treated as invalid.
Article 24 Based on the bid invitation documents, the bid evaluation committee shall examine and itemize all the bid deviations contained in the bid documents.
Bid deviations shall be divided into major deviations and minor deviations.
Arti
cle 25 The following are considered major deviations:
1. the bidder has failed to provide bid security in accordance with the requirements of the bid invitation documents or the bid security provided is flawed;
2. the bid documents are not signed by the bidder's authorized representative or do not bear the bidder's official seal;
3. the time limit for completion of the tendered project specified in the bid documents is longer than the time limit stipulated in the bid invitation documents;
4. the bid clearly fails to satisfy requirements in respect of technical specifications and standards;
5. the packaging method for goods, inspection standards and method, etc. stipulated in the bid documents fail to satisfy the requirements of the bid invitation documents;
6. the bid documents attach conditions that are unacceptable to the bid inviting party;
7. the bid fails to satisfy other substantive requirements stipulated in the bid invitation documents.
If bid documents are characterized by any of the foregoing circumstances, they shall be deemed to fail to substantively address the bid invitation documents and the bid shall be treated as invalid pursuant to Article 23 hereof. If the bid invitation documents provide otherwise concerning major deviations, such provisions shall prevail.
Article 26 The term "minor deviations" refers to instances where the bid documents address the substantial requirements of the bid invitation documents, but in various places there are omissions or the provided technical information or data, etc. is incomplete, and supplementation or correction of such omissions or incomplete technical information or data would not produce a result that is inequitable to the other bidders. Minor deviations do not affect the validity of the bid documents.
The bid evaluation committee shall require in writing bidders whose bid documents contain minor deviations to supplement or correct the same before completion of the bid evaluation. If a bidder refuses to supplement or correct such minor deviations, the bid evaluation committee may, when carrying out the detailed evaluation, quantify the minor deviations in a manner unfavourable to the said bidder. The standards for such quantifications shall be specified in the bid invitation documents.
Article 27 If by the bid evaluation committee's rejection of non-qualifying bids or invalidation of bids pursuant to Article 20, 21, 22, 23 or 25 hereof the number of valid bids falls below three, thus causing a clear lack of competition in the bid, the bid evaluation committee may reject all bids.
If there are less than three bidders or if all the bids have been rejected, the bid inviting party shall invite bids anew in accordance with the law.
PART FOUR DETAILED EVALUATION
Article 28 The technical and commercial portions of those bid documents that passed the preliminary evaluation shall be further evaluated and compared by the bid evaluation committee pursuant to the bid evaluation standards and method specified in the bid invitation documents.
Article 29 The bid evaluation methods include the lowest evaluated bid price method, the comprehensive assessment method and other bid evaluation methods permitted by laws or administrative regulations.
Article 30 The lowest evaluated bid price method is generally applicable to tendered projects using general technology and performance standards or those with regard to which the bid inviting party has no special technical or performance requirements.
Article 31 Pursuant to the lowest evaluated bid price method, the bidder(s) with the bid(s) that satisfies (satisfy) the substantive requirements of the bid invitation documents and that has (have) the lowest evaluated bid price(s) shall be recommended as the candidate(s) for winning bidder.
Article 32 If the lowest evalua
ted bid price method is used, the bid evaluation committee shall make the necessary price adjustments to all the bidders' bid quotes and the commercial portion of their bid documents in accordance with the bid evaluation price adjustment method specified in the bid invitation documents.
If the lowest evaluated bid price method is used, the winning bidder's bid shall satisfy the technical requirements and standards stipulated in the bid invitation documents, but the bid evaluation committee shall not be required to effect a price conversion for the technical portion of the bid documents.
Article 33 After completion of a detailed evaluation based on the lowest evaluated bid price method, the bid evaluation committee shall draw up a Bid Price Comparison Table, which it shall submit to the bid inviting party together with the written bid evaluation report. The Bid Price Comparison Table shall indicate the bidders' quotes, the price adjustments made for commercial deviations and an explanation thereof, and the final evaluated bid prices.
Article 34 Bids for tendered projects for which the lowest evaluated bid price method is not suitable shall generally be evaluated using the comprehensive assessment method.
Article 35 Pursuant to the comprehensive assessment method, the bidder(s) with the bid(s) that most closely satisfies (satisfy) all of the overall evaluation standards specified in the bid invitation documents shall be recommended as the candidate(s) for winning bidder.
The monetary conversion method, the scoring method or another method may be used in judging whether bid documents most closely satisfy the various evaluation standards specified in the bid invitation documents. Factors that need to be quantified and their weightings shall be expressly provided for in the bid invitation documents.
Article 36 When quantifying each of the factors to be evaluated, the bid evaluation committee shall establish the quantification norms on the same basis or on the same standards, so that all bid documents are comparable.
After the technical and commercial portions have been quantified, the bid evaluation committee shall weight the results of the quantification of the two portions and calculate the comprehensive assessment price or comprehensive assessment score of each bid.
Article 37 After completion of an evaluation based on the comprehensive assessment method, the bid evaluation committee shall draw up a Comprehensive Assessment Comparison Table, which it shall submit to the bid inviting party together with the written bid evaluation report. The Comprehensive Assessment Comparison Table shall indicate the bidders' bid quotes, any revisions made thereto, the adjustments made for commercial deviations, the adjustments made for technical deviations, the assessment of each evaluated factor and the final results of the evaluation of each bid.
Article 38 If bidders are permitted to submit alternative bids pursuant to the bid invitation documents, the bid evaluation committee may evaluate the alternative bid submitted by the winning bidder in order to decide whether to accept such alternative bid. The alternative bids of bidders who do not satisfy the conditions for winning the bid shall not be considered.
Article 39 For tendered projects that are divided into several single project contracts and for which the bid invitation documents permit bidders to proffer incentives in order to obtain all the project contracts,
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