Chapter I General Provisions
Article 1 In order to regulate the construction of housing buildings and municipal infrastructure projects bidding activities, safeguard the legitimate rights and interests of the parties involved in the bidding and tendering, based on the "Chinese People's *** and the State Construction Law", "Chinese People's *** and the State Bidding Law," and other laws, administrative regulations, the formulation of these measures.
Second Article In the People's Republic of China *** and the State of China to engage in housing construction and municipal infrastructure construction bidding activities, the implementation of the supervision and management of housing construction and municipal infrastructure construction bidding activities, the application of these measures.
The house building project referred to in these measures, refers to all kinds of house building and its appurtenances and its supporting lines, pipelines, equipment installation works and indoor and outdoor decoration works.
The municipal infrastructure projects referred to in these measures, refers to urban roads, public **** transportation, water supply, drainage, gas, heat, gardening, sanitation, sewage treatment, garbage disposal, flood control, underground public **** facilities and ancillary facilities, civil construction, piping, equipment installation projects.
Article 3 The construction of housing construction and municipal infrastructure projects (hereinafter referred to as the project) of the construction of a single contract with an estimated price of more than 2 million yuan, or the total investment in the project of more than 30 million yuan, must be tendered.
Provinces, autonomous regions, municipalities directly under the Central People's Government of the administrative department of construction for the approval of the people's government at the same level, may, according to the actual situation, the specific scope of the project must be carried out construction bidding and scale standards, but shall not reduce the scope of construction bidding must be carried out determined by these measures.
Article 4 The construction administrative department under the State Council is responsible for the supervision and management of the national construction bidding activities.
The competent department for construction administration of the local people's government at or above the county level is responsible for the supervision and management of construction bidding and tendering activities in the administrative area. Specific supervision and management work can be entrusted to the supervision and management organization of project bidding and tendering is responsible for the implementation.
Article 5 No unit or individual shall, in violation of the provisions of laws and administrative regulations, restrict or exclude legal persons or other organizations outside the region or system from participating in the bidding, and shall not in any way illegally interfere with construction bidding and tendering activities.
Article 6 Construction bidding and tendering activities and their parties shall be subject to supervision in accordance with law.
The competent administrative department of construction shall supervise the construction bidding and tendering activities in accordance with law and investigate and deal with illegal acts in the construction bidding and tendering activities.
Chapter II Bidding
Article 7 Construction bidding shall be organized and implemented by the bidder in accordance with law. The bidder shall not restrict or exclude potential bidders by unreasonable conditions, shall not discriminate against potential bidders, and shall not impose on potential bidders excessive qualification level requirements and other requirements that are inconsistent with the actual requirements of the tendered works.
Article 8 Bidding for construction shall be subject to the following conditions:
(1) Where project approval procedures are required to be carried out in accordance with the relevant state regulations, the approval procedures have been carried out;
(2) The funds for the project or the source of the funds have been realized;
(3) There are design documents and other technical data that meet the needs of construction bidding;
(4) ) Other conditions stipulated by laws, regulations and rules.
Article 9 Construction bidding is divided into open bidding and invitational bidding.
Works for which construction bidding is required by law, all of which use state-owned capital investment or state-owned capital investment in a controlling or dominant position, shall be openly tendered, except for key construction projects approved by the State Planning Commission or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the law which may be subjected to invitational bidding; other works may be subject to invitational bidding.
Article 10 of the project has one of the following circumstances, approved by the local people's government at or above the county level of the competent department for construction administration, may not carry out the construction bidding:
(a) stopping or slowing down the resumption of construction of units of the project, and the contractor has not changed;
(b) the construction of construction enterprises to build their own projects, and the qualification of the construction enterprise in line with the requirements of the project ;
(iii) additional subsidiary minor works or main body addition works of the construction in progress, and the contractor has not changed;
(iv) other cases stipulated by laws, regulations and rules.
Article 11 of the construction bidding must be carried out in accordance with the law, the bidder to handle construction bidding, shall have the preparation of bidding documents and the organization of bid evaluation capacity:
(1) a special construction bidding organization;
(2) with the scale and complexity of the project and have the same type of construction bidding experience, familiar with the construction bidding Laws and regulations of engineering technology, budgeting and project management professionals.
Does not have the above conditions, the bidder shall entrust the appropriate qualifications of the project bidding agency agency construction bidding.
Article XII of the bidder to handle construction bidding, shall be published in the bidding notice or issued five days before the invitation to tender, to the local people's government at or above the county level where the project for the record of the competent department of construction administration, and submit the following materials:
(a) in accordance with the relevant provisions of the state for approval of the approval of the procedures of the various documents;
(b) the Measures Article 11 of the conditions listed in the supporting materials, including the list of professional and technical personnel, title certificates or certificates of practicing qualifications and their work experience;
(3) laws, regulations, rules and other materials.
The bidder does not have the conditions to handle construction bidding, the competent department for construction administration shall, within five days from the date of receipt of the materials for the record, order the bidder to stop handling construction bidding on its own.
Article XIII of all the use of state-owned capital investment or state-owned capital investment in a controlling or dominant position, according to law must carry out construction bidding projects, shall enter the tangible construction market for bidding activities.
The relevant government administrative organs can be centralized in the tangible construction market for the relevant procedures, and supervision in accordance with the law.
Article 14 of the law must be open bidding for construction projects, shall be in the national or local designated newspapers, information networks or other media, and at the same time in China's engineering construction and construction industry information network bidding announcement.
The bidding notice shall contain the name and address of the bidder, the nature of the bidding works, scale, location and access to bidding documents and other matters.
Article 15 If the bidder adopts the method of inviting bids, it shall issue an invitation to bid to more than three construction enterprises which meet the qualification conditions.
The invitation to tender shall set out the matters specified in paragraph 2 of Article 14 of these Measures.
Article 16 The bidder may, according to the needs of the bidding works, pre-qualify the bidding applicants, or may entrust the project bidding agency to pre-qualify the bidding applicants. For the bidding works for which pre-qualification is practiced, the bidder shall set forth in the bidding notice or invitation to tender the conditions for pre-qualification and the methods for obtaining the pre-qualification documents.
Pre-qualification documents shall generally include the pre-qualification application form, the applicant instructions, as well as the need for the bidding applicant to provide the enterprise qualifications, performance, technical equipment, financial status and the project manager to be sent with the main technical staff resume, performance and other supporting materials.
Article 17 After pre-qualification, the bidder shall issue a notice of pre-qualification to the pre-qualified bidding applicant, informing the time, place and method of obtaining the bidding documents, and at the same time to the pre-qualified bidding applicant failed to inform the pre-qualification results.
In the event that there are too many pre-qualified tender applicants, no fewer than seven pre-qualified tender applicants may be selected by the bidder from among them.
Article 18 The bidder shall prepare the bidding documents on its own or by entrusting the project bidding agency according to the characteristics and needs of the tendered works. Bidding documents shall include the following contents:
(a) bidding instructions, including project overview, scope of bidding, qualification conditions, sources of funds or implementation of the project (including bank certification of funds), bidding section division, the duration of the requirements of the quality standard, on-site site visits and query-answering arrangements, bidding documents, preparation, submission, modification, withdrawal of the requirements of the bidding, bidding requirements, bidding validity, time and place of bid opening, evaluation of the bid. time and place of bid opening, method and standard of bid evaluation, etc.;
(b) technical requirements and design documents of the tendered works;
(c) if the bidding is conducted by using bill of quantities, the bill of quantities shall be provided;
(d) format and appendix of the bidding letter;
(e) main terms of the contract to be entered into;
(f) requirement of the Other materials submitted by the bidder.
Article 19 Where construction bidding is required by law, the bidder shall, at the same time as the bidding documents are issued, report the bidding documents to the competent department of construction administration of the local people's government at or above the county level where the construction is located for the record. The competent administrative department for construction shall order the bidder to make corrections if it finds that the bidding documents are in violation of laws and regulations.
Article 20 the bidder has issued bidding documents for necessary clarification or modification, shall be required in the bidding documents at least 15 days before the deadline for submission of bidding documents, to notify in writing all the recipients of the bidding documents, and at the same time reported to the local people's government above the county level of the local people's government of the construction of construction and administrative departments of the construction of the project for the record. The clarification or modification is an integral part of the bidding documents.
Article 21 Where a bidder has a bidding bottom, it shall prepare the bidding bottom in accordance with the rules for calculating the quantity of work stipulated by the state and the pricing methods and requirements stipulated in the bidding documents, and keep it confidential before the opening of the bidding. A bidding project can only prepare a tender.
Article 22 The bidder may charge a discretionary cost for the bidding documents issued. For the design documents therein, the bidder may charge a deposit at its discretion. If the design documents are returned after the opening of tenders, the bidder shall refund the deposit.
Chapter III Bidding
Article 23 The bidders for construction bidding are the construction enterprises that respond to the construction bidding and participate in the bidding competition.
The bidders shall have the appropriate qualifications of construction enterprises and meet the requirements set forth in the bidding documents in terms of project performance, technical ability, qualifications of project managers, financial status.
Article 24 The bidder has questions about the bidding documents need clarification, shall be in writing to the bidder.
Article 25 The bidder shall prepare the bidding documents in accordance with the requirements of the solicitation documents, the bidder shall respond to the substantive requirements and conditions set forth in the solicitation documents.
The solicitation documents allow bidders to provide alternative bids, bidders may submit alternative proposals in accordance with the requirements of the solicitation documents, and to make the corresponding offer for alternative bids.
Article 26 The bidding documents shall include the following:
(1) the bidding letter;
(2) the construction organization design or construction program;
(3) the bidding price;
(4) the bidding documents require the provision of other materials.
Article 27 The bidder may require the bidder to submit a bid security in the bidding documents. The bid security may be in the form of bid bond or bid deposit. Bid security can use checks, bank drafts, etc., generally shall not exceed 2% of the total bid price, the maximum shall not exceed 500,000 yuan.
The bidder shall, in accordance with the requirements of the bidding documents and the amount of the bidding bond or bid deposit with the bidding documents submitted to the bidder.
Article 28 The bidder shall deliver the bidding documents sealed to the place of bidding before the deadline for submitting the bidding documents as required by the bidding documents. Upon receipt of the bidding documents, the bidder shall issue to the bidder a voucher indicating the signatory and the time of signing, and keep the bidding documents properly. No unit or individual shall open the bidding documents before the opening of bids. Bidding documents delivered after the deadline for submission of bidding documents required by the bidding documents shall be invalid bidding documents and shall be rejected by the bidder.
If fewer than three bidders submit the bidding documents, the bidder shall re-tender in accordance with the law.
Article 29 A bidder may supplement, modify or withdraw the submitted bidding documents before the deadline for submission of bidding documents required by the bidding documents. Supplementary, modified for the tender documents, and shall be delivered, signed and stored in accordance with the provisions of paragraph 1 of article 28 of these measures. Supplements or modifications delivered after the deadline for submission of tender documents required by the solicitation documents shall be invalid.
Article 30 Two or more construction enterprises may form a consortium, sign *** with the bidding agreement, as a bidder *** with the bidding. The consortium shall have the appropriate qualifications to undertake the bidding project. Construction enterprises of the same specialty consortium, in accordance with the qualification level of the lower construction enterprise business license to undertake the project.
The bidder shall not force the bidders to form a consortium **** the same bidding, shall not limit the competition between the bidders.
Article 31 Bidders shall not collude with each other to submit bids, or crowd out the fair competition of other bidders, to the detriment of the lawful rights and interests of the bidders or other bidders.
The bidders shall not collude with the bidders in bidding to the detriment of the national interests, social public **** interests or the lawful rights and interests of others.
The bidder is prohibited from seeking to win the bid by bribing the bidder or members of the bid evaluation committee.
Article 32 A bidder shall not bid at a price lower than its enterprise cost, or bid in another person's name or otherwise falsify the bid to win the bid.
Chapter IV Opening, Evaluation and Winning of Tenders
Article 33 The opening of tenders shall be held in public at the same time as the deadline for submission of tender documents as determined in the tender documents; the place of the opening of tenders shall be the place pre-determined in the tender documents.
Article 34 The opening of tenders shall be presided over by the bidder and all bidders shall be invited to attend. The opening of tenders shall be carried out in accordance with the following provisions:
The sealing of the tender documents shall be inspected by the bidders or their elected representatives, or may be inspected and notarized by a notary public commissioned by the bidder. After confirming that there is no error, the seal shall be opened in public by the staff concerned, and the name of the bidder, the bidding price and other main contents of the bidding documents shall be read out.
The bidder in the bidding documents required to submit the bidding documents before the deadline for all the bidding documents, the opening of the bidding shall be unsealed, read out in public.
The process of opening tenders shall be recorded and filed for inspection.
Article 35 At the opening of bids, the bidding documents in one of the following circumstances, shall be invalid bidding documents, shall not enter the evaluation of bids:
(a) the bidding documents are not in accordance with the requirements of the bidding documents to be sealed;
(b) the bidding documents in the bidding letter is not stamped with the bidders' enterprise and the seal of the enterprise's legal representative, or the enterprise's legal representative commissioned agent does not have a legal and valid power of attorney (original) and the seal of the commissioning agent;
(c) the key contents of the bidding documents in fuzzy handwriting, illegible;
(d) the bidder is not in accordance with the requirements of the bidding documents to provide bidding bond or bidding deposit;
(e) the formation of consortium bidding, the bidding documents are not accompanied by the parties of the consortium*** the same Bidding agreement.
Article 36 Evaluation of bids by the bidder in accordance with the law formed by the bid evaluation committee is responsible for.
Bidding for construction must be carried out in accordance with the law, the bid evaluation committee consists of representatives of the bidder and the relevant technical, economic and other aspects of the experts, the number of members of more than five singular, of which the bidder, the bidding agent outside the technical, economic and other aspects of the experts shall not be less than two-thirds of the total number of members. The expert members of the bid evaluation committee shall be determined by the bidder from the roster of experts determined by the competent department of construction administration and other relevant government departments or from the list of experts in the relevant specialties in the expert pool of the project bidding agency. Determination of expert members shall generally be by way of random selection.
People who have an interest in the bidder shall not be allowed to enter the bid evaluation committee of the relevant project. The list of members of the bid evaluation committee shall be kept confidential until the result of the winning bid is determined.
Article 37 The roster of experts of the competent department for construction administration shall have a certain number of experts of a certain size and meet the statutory qualifications. Provinces, autonomous regions, municipalities directly under the central people's government department in charge of construction administration can be a small number of experts in the area of the expert roster to be merged or the implementation of the expert roster computer networking.
The competent administrative department of construction shall enter the expert roster of experts organized by the relevant legal and business training, the ability to assess the bid, integrity and fairness of a comprehensive assessment, and timely cancellation of incompetent or illegal personnel of the bid evaluation expert qualifications. The person who is canceled the qualification of the bid evaluation expert shall not participate in any bid evaluation activities.
Article 38 The bid evaluation committee shall, in accordance with the bidding documents to determine the bid evaluation standards and methods, evaluation and comparison of tender documents, and the results of the evaluation of the bidding results of the signature confirmation; with a bidding base, shall refer to the bidding base.
Article 39 The bid evaluation committee may request the bidder in writing to make necessary clarifications or explanations of the contents of the bidding documents which are not clear in meaning. The bidder shall use written form of clarification or explanation, the clarification or explanation shall not exceed the scope of the bidding documents or change the substantive content of the bidding documents.
Article 40 The bid evaluation committee, after evaluation, that all the bidding documents do not meet the requirements of the bidding documents, may reject all bids.
Law must be construction bidding project all bids are rejected, the bidder shall be re-bidding according to law.
Article 41 The evaluation of bids may be made by the comprehensive evaluation method, the evaluated lowest bid method or other methods of bid evaluation permitted by laws and regulations.
The use of comprehensive assessment method, the bidding documents shall be proposed on the quality of the project, construction period, bidding price, construction organization design or construction program, the performance of the bidder and the project manager, whether it can maximize the satisfaction of the bidding documents stipulated in the requirements and evaluation criteria for assessment and comparison. If the evaluation is conducted by scoring, no additional points shall be awarded for various evaluation awards.
Where the lowest evaluated bid method is used, the bidder with the lowest bid price shall be evaluated among the bidders whose bidding documents are able to satisfy the substantive requirements of the bidding documents, except for those whose bid prices are lower than their enterprise costs.
Article 42 After completing the evaluation of bids, the bid evaluation committee shall submit a written bid evaluation report to the bidder, stating the evaluation and comparison opinions of the bid evaluation committee on each bidding document, and recommending no more than three qualified successful candidates with ranking in accordance with the bid evaluation method specified in the bidding documents. The bidder determines the successful bidder on the basis of the written bid evaluation report and the recommended successful candidates submitted by the bid evaluation committee.
The use of state-owned funds for investment or state-financed projects, the bidder shall determine the winning bidder in accordance with the order of the winning candidates. When the successful bidding candidate is determined to give up the winning bid or to propose that the contract cannot be performed due to force majeure, the bidder may determine the other successful bidding candidates in order as the successful bidder.
The bidder may also authorize the bid evaluation committee to determine the winning bidder directly.
Article 43 In one of the following cases, the bid evaluation committee may request the bidder to make a written explanation and provide relevant materials:
(1) If there is a bidding base, the bidding price is lower than the reasonable range of the bidding base;
(2) If there is no bidding base, the bidding price is significantly lower than the other bids, and there is a possibility that it may be lower than the cost of its enterprise.
After the argument of the bid evaluation committee, it is determined that the bidder's offer is lower than its enterprise cost, it cannot be recommended as the winning candidate or the winning bidder.
Article 44 The bidder shall determine the successful bidder 30 days before the deadline for the validity period of the bid. The period of bid validity shall be set forth in the bidding documents.
Article 45 must be carried out in accordance with the law for construction bidding, the bidder shall, within 15 days from the date of determining the winning bidder, to the local people's government at or above the county level of the local people's government of the construction administrative department where the project is located, submit a written report on construction bidding and tendering situation. The written report shall include the following:
(a) the basic situation of construction bidding and tendering, including the scope of construction bidding, construction bidding, qualification examination, opening and evaluation of the bidding process and the determination of the winning bidder and reasons.
(ii) the relevant documents and information, including the bidding notice or invitation to tender, bidding registration form, pre-qualification documents, bidding documents, bid evaluation committee's bid evaluation report (with a bidding, shall be accompanied by a bidding), the winning bidder's bidding documents. Entrusted engineering bidding agent, should also be attached to the construction bidding agent entrustment contract.
The second subparagraph of the preceding paragraph has been in accordance with the provisions of this approach for the record of documents and information, will not be repeated.
Article 46 The competent department for construction administration does not notify the bidder within five days from the date of receipt of the written report in the bidding and tendering activities in violation of the law, the bidder may issue a notice of award to the successful bidder and notify all unsuccessful bidders of the results of the award.
Article 47 The bidder and the successful bidder shall, within 30 days from the date of the issuance of the notice of award, enter into a written contract in accordance with the bidding documents and the bidding documents of the successful bidder; and the bidder and the successful bidder shall not enter into any other agreement that departs from the substance of the contract. Within 7 days after the conclusion of the written contract, the successful bidder shall send the contract to the competent administrative department of construction where the project is located at or above the county level for the record.
The successful bidder does not enter into a contract with the bidder, the bidding deposit shall not be refunded and cancel its bidding qualification, to the bidder caused by the loss of more than the amount of the bidding deposit, shall be compensated for the excess; did not submit the bidding deposit, the bidding shall be liable for compensation for the loss of the bidder.
If the bidder fails to sign a contract with the successful bidder without justifiable reasons and causes losses to the successful bidder, the bidder shall pay compensation.
Article 48 If the bidding documents require the successful bidder to submit a performance guarantee, the successful bidder shall submit it. The bidder shall at the same time provide the successful bidder with a guarantee for payment of the construction price.
Chapter V Penalties
Article 49 If there is any violation of the Bidding and Tendering Law, the competent department of construction administration of the local people's government at or above the county level shall be penalized in accordance with the provisions of the Bidding and Tendering Law.
Article 50 In case of invalid bidding and tendering activities in which the Bidding and Tendering Law stipulates that the winning bid is invalid, the competent administrative department of construction of the local people's government at or above the county level shall declare the winning bid invalid, order the re-organization of the bidding, and investigate the responsibility of the responsible person in accordance with law.
Article 51 should bidding is not bidding, should be open bidding is not open, the local people's government at or above the county level, the competent administrative department for construction shall order correction, refuses to make corrections, shall not issue construction permits.
Article 52 The bidder does not have the conditions to handle the construction bidding matters on their own and bidding, the local people's government at or above the county level, the competent administrative department for construction shall order rectification and impose a fine of less than 10,000 yuan.
Article 53 Where the composition of the bid evaluation committee does not conform to the laws and regulations, the competent department for construction administration of the local people's government at or above the county level shall order the bidder to re-organize the bid evaluation committee. If the bidder refuses to make corrections, no construction license shall be issued.
Article 54 If the bidder fails to submit a written report on construction bidding to the competent department for construction administration, the competent department for construction administration of the local people's government at or above the county level shall order correction; before submitting a written report on construction bidding, the competent department for construction administration shall not issue a construction license.
Chapter VI Supplementary Provisions
Article 55 If the professional subcontracting of engineering construction and the subcontracting of labor services adopts the bidding method, reference is made to the implementation of these measures.
Article 56 If the solicitation documents or the bidding documents are in two or more languages, one of them must be in Chinese; if there is any disagreement as to the interpretation of the different texts, the Chinese text shall prevail. If the amount expressed in words is inconsistent with the amount expressed in figures, the amount expressed in words shall prevail.
Article 57 involves national security, state secrets, rescue and disaster relief, or is the use of poverty alleviation funds to implement relief work, the need for the use of migrant workers and other special circumstances, it is not appropriate to carry out construction bidding, in accordance with the relevant provisions of the State may not carry out construction bidding.
Article 58 Construction bidding for projects using loans or assistance funds from international organizations or foreign governments, where the lender or the provider of the funds has different provisions on the specific conditions and procedures for bidding and tendering, the provisions thereof may be applied, except where they are contrary to the social and public ****interests of the People's Republic of China and the State.
Article 59 These Measures shall be interpreted by the competent department of construction administration under the State Council.
Article 60 These Measures shall come into force on the date of promulgation, and the Measures for the Administration of Bidding and Tendering for the Construction of Engineering and Construction (Decree No. 23 of the Ministry of Construction) promulgated by the Ministry of Construction on December 30, 1992 shall be repealed at the same time.