Jiangxi Province, the key projects construction bidding management interim regulations

Chapter I General Provisions Article 1 In order to strengthen the province's key projects construction construction bidding supervision and management, to maintain the normal order of the key projects construction market, to protect the interests of the state and the legitimate rights and interests of the participants in the bidding, to ensure the quality of the project, improve the efficiency of the investment, according to the relevant provisions of the state, combined with the actual situation in the province, to formulate the provisions of this regulation. Article 2 The provincial key projects referred to in these provisions refers to the provincial people's government approved by the Provincial Planning Commission issued by the province's national economy and social development have a significant impact on the project. Article III of the provincial key projects construction office (hereinafter referred to as the provincial key office) is responsible for the management and in conjunction with the relevant departments to organize and guide the province's key projects construction bidding work. Article 4 the provincial key projects construction bidding and tendering must follow the principles of openness, fairness, justice, meritocracy and honesty and trustworthiness. Article V provincial key projects construction construction (including civil engineering, installation and decoration) shall be in accordance with the provisions of the bidding, but by the provincial key office to confirm the relevant provisions of the State is not appropriate to implement the bidding of special projects except. Chapter II Bidding Article 6 The project bidding shall mainly have the following conditions:

(1) the preliminary design and budget estimates have been approved;

(2) planning and land use formalities have been done, and meet the requirements of construction;

(3) the source of funds for the construction of the project has been implemented. Article 7 The bidding shall generally be open bidding (competitive bidding, the same hereinafter) or inviting bidding (limited competitive bidding, the same hereinafter). Reviewed by the provincial key office meets one of the conditions stipulated in Article 8 of these provisions, may be used in the form of negotiated tender.

The bidders participating in the invitation to tender shall not be less than three; the bidders participating in the negotiated tender shall not be less than two. Article 8 The project which adopts negotiated bidding must meet one of the following conditions:

(1) the number of available bidders is limited;

(2) the expected cost of open bidding and invitational bidding is not worthwhile compared with the value of the project;

(3) there are other special circumstances. Article 9 The project legal person (construction unit, the same hereinafter) has the following conditions, may organize its own bidding:

(1) the ability to review the qualifications of the bidders;

(2) the ability to organize the preparation of the bidding documents;

(3) the organization of the opening of the bidding, bid evaluation and bidding capacity. Article 10 The project legal person bidding enjoys the following rights:

(1) to organize the bidding according to law or entrust the bidding agent with appropriate qualifications to organize the bidding;

(2) to examine the qualifications of the bidders;

(3) to require the bidders to provide the bidding-related information;

(4) to formulate the criteria and methods of evaluating the bids in conjunction with the bid evaluation committee;

(v) organizing the preparation of the bidding price;

(vi) determining the successful bidder from among the successful candidates recommended by the bid evaluation committee on the basis of the determined bid evaluation principles and methods. Article 11 The project legal person tenders to fulfill the following obligations:

(1) to organize the bidding in accordance with the determined bidding procedures;

(2) to keep the bid evaluation and other relevant data and information confidential;

(3) not to infringe upon the lawful rights and interests of the bidders;

(4) to enter into and fulfill the contract with the successful bidder;

(5) to accept the provincial key office and the supervision and management of the competent project department. Article 12 The project legal person does not have the conditions for organizing its own bidding, shall entrust the bidding agent with appropriate qualifications.

The bidding agent must sign a written agency agreement. Article 13 the bidding agent agent bidding enjoy the following rights:

(a) accept the project legal person entrusted to organize and participate in the bidding activities;

(b) according to the provisions of the bidding agent or agreed to collect fees;

(c) other rights granted by the project legal person. Article 14: The bidding agent shall fulfill the following obligations in respect of bidding on behalf of the project:

(1) to abide by the agreement on bidding on behalf of the bidding agent and to complete the matters stipulated therein;

(2) to keep confidential the data and information on the bidding works on behalf of the bidding agent;

(3) not to infringe upon the lawful interests and rights and interests of the project legal entity and of the bidders;

(4) not to participate in the bidding as a bidder;

(v) accept the supervision and management of the provincial key office and the competent project department. Article 15 Bidding shall generally be carried out in accordance with the following procedures:

(1) the project legal person registers the bidding with the Provincial Key Office;

(2) the preparation of bidding documents;

(3) the issuance of bidding notices;

(4) the acceptance of applications for bidding by the bidders;

(5) qualification examination of the bidders;

(6) the notification of the examination of qualified bidders;

(vii) sale of bidding documents to qualified bidders;

(viii) organization of on-site inspection of bidders and answering of questions on bidding documents;

(ix) preparation of bidding price (reference price, the same hereinafter);

(x) establishment of bid evaluation committee;

(xi) acceptance of bids;

(xii ) determining the criteria and methods of bid evaluation;

(xiii) opening the bids;

(xiv) organizing the evaluation of the bids and determining the successful bidder;

(xv) issuing the Notice of Successful Bidding and notifying the unsuccessful bidders;

(xvi) signing of the contract. Article 16 Open tendering shall be published in the prescribed newspapers and magazines.

Invitation to bid or negotiation of bids must be issued to qualified bidders.

The bidding notice or invitation to tender shall include at least the following:

(1) the name and address of the project legal person;

(2) the location, content, quantity and duration requirements of the tendered works;

(3) the qualification requirements for the bidders;

(4) the method, cost, place and time for obtaining the bidding documents.