深圳经济特区政府采购条例 Regulations of Shenzhen Special Economic Zone on Government Procurement

　　Article 19 For the public invitation, all the suppliers satisfying the qualification stipulated in the bid invitation document may participate in the bidding; For the invited bidding, the invited suppliers may participate in the bidding.

　　When asking for the bid invitation documents, the supplier who plans to participate in the bidding shall provide relevant documents to testify his qualification of bidding. The organ of bid invitation may preliminarily exam his qualification.

　　Article 20 The suppliers who have already asked for the bid invitation documents have a right to require the procurer to clarify it 3 days prior to the bidding closing date. The procurer shall reply in writing and inform the written reply to other suppliers who have asked for the bid invitation documents, but shall not illustrate the source of the problem.

　　If considering it necessary, the procurer may hold a meeting of bid invitation, inviting all the suppliers who have asked for the bid invitation documents to participate to clarify it. The matters clarified shall be recorded accurately and shall be served as a supplement of the bid invitation documents.

　　Article 21 The supplier planning to participate in the bidding shall work out the bid document according to the requirements of the bid invitation document.

　　The bid document shall be stamped with the official seal of the supplier’s unit and signed by the unit’s legal representative or the agent authorized by him, then be served sealed to the bidding location stipulated in the bid invitation document.

　　Prior to the bidding closing date, the supplier may revise, supplement, correct and withdraw the submitted bid documents.

　　Article 22 The organ of bid invitation shall open the bid in public way within three days after the bidding closing date. When open a bid, the organ of bid invitation shall invite the members of the bid evaluation committee, the representative of the suppliers and the representative of the relevant unit to participate in.

　　Article 23 The bid evaluation committee takes charge of the evaluation of the bid.

　　The bid evaluation committee consists of

the procurer, the representative of the organ of bid invitation and experts in the technological, economic, law and other fields. The number of the committee member shall be an odd number more than five, among whom, the number of expert appraisers may be no less than half.

　　The person who has interests with the suppliers may not be a member of the bid evaluation committee.

　　The member of the bid evaluation committee shall observes the rule of evaluation of the bid, and justly performs duty according to law.

　　Article 24 When evaluating a bid, the bid evaluation committee may require the supplier to clarify the bid document, but the supplier may not modify the substantial matters in it.

　　It is prohibited that the procurer consults and negotiates with the supplier in the aspect of the bid document.

　　Article 25 The bid evaluation committee shall evaluate and compare the bid document according to the requirement of the bid invitation documents. Under the condition of satisfying all the requirements of the bid invitation document, the bidder who offers the lowest bid below the base price wins the bid. If the bidders who offer the lowest bid are more than two, the bid-winner shall be decided through drawing lots.

　　For the procurement project that has special requirement in technology or the bid invitation that determines the qualification as the object, the bid evaluation committee, with an approval of the competent procurement department, may comprehensively consider its character, performance, quality of the supplier’s service and the operation of the supplier except for the bid price to decide the bid winner.

　　Notes shall be made during the procedure of the evaluation of bid, which shall record the authentic circumstances concerned in detail and be signed by the recorder and the members of the bid evaluation committee.

　　Article 26 The open invitation and invited bidding need more than two effective biddings to be tenable.

　　Article 27 When the evaluation of bid is over, the organ of bid invitation shall inform the outcome of the evaluation of bid to the procurer, inform the supplier winning the bid as well as the suppliers losing the bid within three days after the procurer’s confirmation, and return the bid bond delivered by the suppliers losing the bid.

　　Article 28 The procurement project that has no special requirement in technology may adopt the way of on-the-spot competitive bidding.

　　Before the competitive bidding, the procurer shall examine the qualification of the suppliers planning to participate in the bidding. Only the suppliers who have delivered the bid confirmation as well as the bid bond and accord with the qualification after an examination can participate in the competitive bidding.

　　At the time of on-the-spot competitive bidding, the base price of the bid determined by the procurer is the beginning price, to which the suppliers respond to competitively. The responding price higher than the beginning price is nullified and the supplier who offers the lowest responding price below the beginning price wins.

　　In the on-the-spot competitive bidding, records shall be made and signed by the anchorman, recorder and the supplier winning the bid.

　　Article 29 If the bid invitation fails or be nullified because of the default of the procurer, organ of bid invitation or supplier, the bid invitation shall be reorganized according to these regulations.

　　Article 30 The international bid invitation shall be made according to relevant national provisions and international practice. If a loan of international financial organization or foreign government is used and the lender has special provisions, its provisions shall be followed.

　　Chapter Ⅳ Contract of Procurement

　　Article 31 When the bid invitation ends, the procurer and the supplier winning the bid shall conclude the contract o

f procurement according to the bid invitation documents and the bid documents winning the bid at the time and location appointed by the “notice of winning the bid”.

　　Article 32 When concluding the contract of procurement, the procurer may increase or reduce the number of the materials of procurement or services within the scope stipulated by the bid invitation document, but the range of increase or reduction shall not exceed 10 percent of the value winning the bid. The procurer shall not change the unit-price.

　　Article 33 The longest performing period of the long-term goods-supplying contract and service procurement contract may not exceed 18 months.

　　Article 34 After the procurement contract is concluded, if the source of capital is within the budget, the procurer go to the financial department to handle the procedure of payment with the contract of procurement and other materials required by the financial department, and the financial department pays for the money to the supplier directly according to the provisions of the procurement contract; If the capital is outside the budget or operating income, the management department of the capital pays for the money to the supplier.

　　If the capital resource of the procurement project contains part capital within the budget, the procurer shall allocate the self-raised funds to the account designated by the financial department, and the financial department pays for it centralizedly after the procurement contract is concluded.

　　Article 35 The supplier winning the bid shall provide the performance security no more than ten per cent of the contract value to the procurer within ten days after the procurement contract is concluded. After receiving the performance security, the procurer shall return the bid bond of the supplier within three days and return the performance security within three days after the contract has been performed.

　　In case the procurement contract is concluded without bid invitation according to these regulations, the performance bond is handled according to the provisions of the preceding paragraph.

　　Article 36 Once the procurement contract is established by law, the parties shall perform the obligation stipulated by the contract compressively, and no party may modify or terminate the contract arbitrarily.

　　In case the substantive provisions of the contract need modification with both parties’ consensus, the procurer shall obtain the consent of the procurement department before the modification.

　　Article 37 During the performance of the contract, if the procurer need to procure the same materials or services as the contract object separately, he, with the consent of the procurement department, can consult with the supplier to conclude the supplementary procurement contract, but the value of the supplementary contract shall not exceed 10 percent of the original value.

　　Chapter Ⅴ Supervision and Inspection

　　Article 38 The procurement department shall inspect the government procurement regularly. The content of the inspection is as follows:

　　(1) whether the procurement is carried out according to plan;

　　(2) whether the procurement project meets the criterion stipulated by the municipal government;

　　(3) whether the method and procedure of the procurement meet the criterion of these regulations;

　　(4) the performance of the procurement contract;

　　(5) other contents.

　　The department or the inspected unit shall provide the needed materials for the inspection truthful

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