Creating Green Boutique Buildings
Create a healthy living environment decoration
BLOG
Notice on Issuing the "Changzhou Residential Property Management Project Bidding Measures (Trial)" (Changzhou Construction Regulation [2019] No. 1)
2019-12-18
In order to further regulate the bidding activities for residential property management in our city, safeguard the legitimate rights and interests of the parties involved in bidding, and promote fair competition in the property management market, the "Changzhou Residential Property Management Project Bidding Measures (Trial)" has been formulated in accordance with the State Council's "Property Management Regulations," "Changzhou Residential Property Management Regulations," "Jiangsu Province Preliminary Property Management Bidding Implementation Measures," and other relevant regulations, combined with the actual situation of our city. It is hereby issued to you for earnest organization and implementation.
Housing and Urban-Rural Development Bureaus of each jurisdictional city (district), Jintan District Urban Management Bureau, and relevant units:
In order to further regulate the bidding activities for residential property management in our city, safeguard the legitimate rights and interests of the parties involved in bidding, and promote fair competition in the property management market, the "Changzhou Residential Property Management Project Bidding Measures (Trial)" has been formulated based on the State Council's "Property Management Regulations", "Changzhou Residential Property Management Regulations", "Jiangsu Province Preliminary Property Management Bidding Implementation Measures", and the actual situation of our city. It is hereby issued to you for serious organization and implementation.
Attachment: "Changzhou Residential Property Management Project Bidding Measures (Trial)"
(No text on this page)
Changzhou Housing and Urban-Rural Development Bureau
September 27, 2019
(This document is publicly released)
Changzhou Residential Property Management Project Bidding Measures (Trial)
Article 1 To further regulate the bidding activities for residential property management in our city, safeguard the legitimate rights and interests of the parties involved in bidding, and promote fair competition in the property management market, these measures are formulated based on the State Council's "Property Management Regulations", "Changzhou Residential Property Management Regulations", "Jiangsu Province Preliminary Property Management Bidding Implementation Measures", and the actual situation of our city.
Article 2 These measures apply to the bidding activities and supervision management of residential property management projects (excluding government procurement residential property management projects) within the administrative region of this city.
The residential property referred to in these measures means buildings, structures, supporting facilities and equipment, and related sites within the property management area containing residences.
The residential property management project bidding referred to in these measures means the activity where the bidder selects property service enterprises at the Municipal Public Resource Trading Center (sub-center).
The bidder referred to in these measures means the project construction unit legally conducting preliminary property management bidding, the owners' committee authorized by the owners' meeting to conduct bidding through the Municipal Public Resource Trading Center (sub-center) (hereinafter referred to as the owners' committee), and the property management committee (hereinafter referred to as the property management committee).
The bidder referred to in these measures means property service enterprises qualified to bid, responding to residential property management bidding and participating in residential property management bidding competition.
The preliminary property management bidding referred to in these measures means that before the owners or owners' meeting select property service enterprises, the construction unit selects qualified property service enterprises through bidding, signs contracts with them, and agrees to maintain, repair, and manage houses, supporting facilities and equipment, and related sites within the property management area, maintaining environmental sanitation and order in the area.
Article 3 The municipal housing and urban-rural construction administrative department is responsible for guiding, supervising, and managing the bidding activities of residential property management projects throughout the city.
The property management departments of the jurisdictional cities (districts) are specifically responsible for the daily management and supervision guidance of residential property management project bidding activities within their jurisdiction.
The Municipal Property Management Association shall play the role of a social organization, cooperate with the Municipal Public Resource Trading Center (sub-center) to provide good service, and facilitate the owners' committee or property management committee in selecting property service enterprises.
The owners' committee shall select property service enterprises in accordance with laws and regulations under the leadership of the party organization of the community residents' (village) committee.
Article 4 The construction units of residential and non-residential properties within the same property management area shall select qualified property service enterprises through the Municipal Public Resource Trading Center (sub-center) in accordance with the law, responsible for preliminary property management.
Owners' meetings are encouraged to select property service enterprises through the Municipal Public Resource Trading Center (sub-center).
The property management committee shall select property service enterprises through the Municipal Public Resource Trading Center (sub-center).
Article 5 For preliminary property management bidding, the bidder shall submit the following materials to the property management department of the jurisdictional city (district) where the project is located 10 days before issuing the bidding announcement or invitation to bid:
(1) Bidding announcement or invitation to bid;
(2) Bidding documents, including preliminary property management plans and planning drawings for the implementation of property management supporting facilities and housing construction;
(3) Bidding agency entrustment contract (if bidding is entrusted to an agency);
(4) Commitment letter regarding the authenticity of materials;
(5) Other materials stipulated by laws and regulations.
Article 6 For bidding by the owners' committee or property management committee, the following materials shall be submitted to the property management department of the jurisdictional city (district) where the project is located 10 days before issuing the bidding announcement or invitation to bid:
(1) Project bidding application report;
(2) Resolutions of the owners' meeting on not renewing the contract with the current property service enterprise, the plan for selecting a new property service enterprise (the plan should specify property service content, service standards, and charging standards, etc.), and the resolution authorizing the owners' committee to conduct bidding, jointly decided by the owners' authorization of the property management committee to conduct bidding;
(3) Bidding announcement (invitation to bid) and bidding documents;
(4) Bidding agency entrustment contract (if bidding is entrusted to an agency);
(5) Other materials stipulated by laws and regulations.
If the above materials are true, the Municipal Public Resource Trading Center (sub-center) will organize the bidding for the residential property management project.
Article 7 For residential property management areas with a total building area of less than 100,000 square meters, the bidder may select property service enterprises by invitation bidding. For areas with a total building area exceeding 100,000 square meters, the bidder shall select property service enterprises by public bidding.
If there are fewer than three bidders or the total building area of the residential property management area is less than 30,000 square meters, property service enterprises may be selected by agreement.
Article 8 The bidder shall determine different property service fee standards according to the phased development of the project and the usage nature of different properties, in accordance with property service charging policies.
Article 9 The main process for the bidder to select property service enterprises through the Municipal Public Resource Trading Center (sub-center) according to the transaction process includes:
(1) Issuing a bidding announcement. If the bidder adopts public bidding, the bidding announcement shall be published on the Public Resource Trading Center website and the "Changzhou Property Management Network". The bidder may also increase the media for publishing the announcement. The bidding announcement shall specify the name, address, and contact information of the bidder, basic information of the bidding project, schedule of bidding activities, conditions for bidders, and prequalification methods. If the bidder adopts invitation bidding, invitation letters shall be sent to more than three qualified property service enterprises.
(2) Bid registration. Bidders shall prepare bidding documents according to the content and requirements of the bidding documents and seal and deliver them to the bidding location before the deadline specified in the bidding documents.
(3) Organize the bid opening. The bid opening shall be hosted by the tenderer or the organizer of the bidding activity at the Municipal Public Resource Trading Center (sub-center), inviting all bidders to participate. The bid opening process shall be recorded by the tenderer and confirmed by the representatives of the bidders before being archived for reference.
(4) Organize the bid evaluation. The bid evaluation committee is composed of experts in property management and related fields and representatives of the tenderer. The committee shall conduct the evaluation confidentially according to the evaluation criteria and methods specified in the bidding documents, recommending no more than three qualified candidates ranked accordingly.
(5) Determine the winning bidder. The tenderer shall determine the winning bidder according to the ranking of the winning candidates in accordance with the law.
Article 10 The property management authority of the jurisdictional city (district) where the project is located shall supervise the bid opening and evaluation process of residential property management projects.
The owners' committee or property management committee may recommend 2-3 representatives to observe the bid opening activities but shall not interfere with the bid evaluation committee's evaluation and bid opening.
Article 11 Prohibited behaviors for bidders include:
(1) Obtaining the bid by quoting a price significantly lower than the city's average social cost of property services;
(2) Using improper means such as bribing the tenderer, members of the bid evaluation committee, or other staff to seek winning the bid;
(3) Other prohibited acts as stipulated by laws and regulations.
Article 12 The construction unit shall submit relevant bidding materials to the property management authority of the jurisdictional city (district) where the project is located within 30 days after determining the winning bidder. The submitted materials include explanations of the bid opening and evaluation process, the method and reasons for determining the winning bidder, the bid evaluation committee's evaluation report, the winning bidder's bid documents, and the preliminary property service contract.
The property management authority of the jurisdictional city (district) shall complete the relevant procedures related to the winning bid within 5 days from the date of receiving all the above materials.
Article 13 Before selling the property, the construction unit shall formulate the preliminary property service contract with reference to the model text provided by the property management authority.
When selling the property, the construction unit shall clearly present and explain the preliminary property service contract to the property buyer and attach the preliminary property service contract as an annex to the house sale contract.
Article 14 If bidders or other interested parties believe that the bidding activities do not comply with the relevant provisions of these measures, they may raise objections to the tenderer according to law; if dissatisfied with the response to the objection, they may file a complaint with the property management authority of the jurisdictional city (district) where the project is located within 10 days of receiving the written reply.
The tenderer shall handle objections according to law and cooperate with the property management authority in handling complaints.
Article 15 During the preliminary property management period, if the preliminary property service contract has been legally terminated or rescinded and the construction unit needs to reappoint a property service enterprise, the following procedures shall be followed:
(1) The selection plan for new service content, service standards, and charging standards must be approved by owners representing more than half of the total sold property area and more than half of the total number of owners, and publicly announced in a prominent location within the property management area for no less than 15 days;
(2) After deciding to dismiss the original property service enterprise, the construction unit shall simultaneously notify in writing the property management authority of the jurisdictional city (district) where the project is located, the street office (town government), and the community residents' (village) committee;
(3) After submitting materials to the property management authority of the jurisdictional city (district) in accordance with Article 5 of these measures, the construction unit shall reappoint the property service enterprise at the Municipal Public Resource Trading Center (sub-center).
Article 16 If parties involved in the bidding process commit illegal acts, the relevant departments shall investigate and handle them according to law; if a crime is constituted, criminal responsibility shall be pursued according to law.
Article 17 These measures shall come into effect on November 1, 2019. The original Municipal Housing Authority's "Notice on Issuing the Interim Measures for the Bidding and Tendering Management of Preliminary Property Management in Changzhou Urban Area" (Changfangfa [2005] No. 2), the "Notice on Issuing the Work Procedures for Bidding and Tendering of Preliminary Property Management in Changzhou Urban Area" (Changfangfa [2005] No. 3), and the "Notice on Further Strengthening Preliminary Property Management Work" (Changfangguifa [2013] No. 1) are hereby repealed simultaneously.
