Jiangsu Province, construction project bidding management
Chapter I, General
Article 1, in order to adapt to the needs of the development of the socialist market economy, to strengthen the specification of the construction project bidding and management, so that the project task into the market, through equal competition, to realize the bidding and tendering activities between the parties to a fair deal, effective control of the construction period to ensure the quality of the project, reasonably determine the cost of the project, improve the efficiency of investment. Project quality, reasonable determination of project cost, improve the efficiency of investment, the formulation of these measures.
Second, the construction project bidding and tendering referred to in these Measures, refers to the bidder by way of bidding, the construction project survey and design, construction (including building decoration), consulting and supervision, general contracting, supply of materials and equipment and other tasks, a one-time or step-by-step contracting, by the bidders to undertake the task through competition.
Article 3, all types of new construction, alteration, expansion and technological transformation projects within the administrative area of the province, in addition to the circumstances set forth in paragraph 2 of this article, must be in accordance with these measures for bidding.
One of the following circumstances of the project, you can not bidding:
(a) is a disaster relief;
(b) the total investment is less than 500,000 yuan;
(c) the laws and regulations.
Article 4, the construction project bidding shall be open conditions, adhere to the principles of fairness and legality, honesty and credit, equal competition, without restrictions on the region, sector and nature of ownership. No department or unit shall be forced to undertake the project on the grounds of industry, specialty and so on.
Article 5, bidding and tendering for construction projects is an economic activity carried out by the parties concerned in accordance with the law, and is subject to the protection and constraints of national laws. Any unit or individual shall not illegally interfere with the normal conduct of bidding and tendering activities.
Chapter II, management bodies and responsibilities
Article 6, the province, city, county (city), the competent department of construction administration is the administrative region of the construction project bidding work of the unified centralized management, its main responsibilities are:
(a) the implementation of laws, regulations, rules and guidelines, policies, and construction bidding, and to formulate specific implementation measures;
(2) to guide, supervise, inspect and coordinate the bidding and tendering activities for construction projects in the administrative region, and summarize and exchange experience;
(3) to review or approve the qualification (qualification) of the bidding preparation unit and bidding agent in accordance with the prescribed authority;
(4) to handle the relevant bidding matters in conjunction with the competent authorities of the industry, transportation and other departments and their immediate subordinate units;
(5) to mediate disputes over construction projects; and ) mediating disputes over bidding and tendering for construction projects;
(vi) vetoing the results of the finalization of bids that violate the provisions on bidding and tendering.
Article VII, bidding for construction projects, in accordance with the bidding and bidding management authority and construction project approval or filing authority in accordance with the principle of consistency, by the provincial, municipal and county (municipal) departments in charge of construction administration at all levels.
Article 8, the province, city, county (city) construction project bidding office (hereinafter referred to as the bidding management organization), in accordance with the hierarchy of management authority, specifically responsible for the management of construction project bidding, business by the higher level of bidding management organization's guidance and supervision.
Article IX, provinces, cities, counties (cities), industry, transportation and other competent departments in conjunction with the same level of the administrative department of construction, to do the department's direct investment and related investment companies and other investment in the administrative region of the bidding management of the project, its main responsibilities are:
(a) the implementation of the relevant construction project bidding laws, regulations, rules and guidelines, policies;
(ii) to implement the construction project bidding;
(b) to implement the relevant construction project bidding;
The main responsibilities are p>
(b) guide and organize the department's direct investment and related investment companies and other investment in the administrative region of the bidding for projects;
(c) supervise and inspect the relevant units of the department to engage in bidding and tendering activities;
(d) consulting with the competent authorities of the same level of the administrative department of the construction of the bidding for construction projects related to bidding and tendering matters.
Chapter III, the rights and obligations of the parties
Article 10, the bidder has the right to organize its own bidding activities in accordance with the provisions of the tender or commissioned bidding, and independently select the winning scheme, price and winning bidder.
Article 11: The bidder shall have the following rights in the bidding and tendering activities for construction projects:
(1) the right to bid on its own or to form a consortium in accordance with the requirements of the bidding documents;
(2) the right to determine its own bidding price in the light of its own business situation and market information it has acquired;
(3) the right to participate in the bidding competition or to give up participation in the competition in accordance with its own business situation (c) The right to participate in the bidding competition or give up participation in the competition;
(d) The right to demand high quality and good price.
Article 12: Bidders and bidders shall have the following obligations in the bidding and tendering activities for construction projects:
(1) to abide by laws, rules, regulations and policies;
(2) to accept the management and supervision of the bidding and tendering management organization;
(3) to fulfill the obligations agreed upon by law.
Chapter IV, Conditions and Methods of Bidding
Article 13: A bidder who organizes bidding on his own must meet the following conditions and set up a special bidding organization, and be issued a certificate of qualification of the bidding organization after being examined and qualified by the bidding administration agency:
(1) having technical, economic, and managerial personnel appropriate to the works to be bid;
(2) having the organization Preparation of bidding documents;
(c) the ability to review the bidding qualifications of the bidders;
(d) the ability to organize the opening of bids, bid evaluation, bidding.
If it does not have the conditions stipulated in the preceding paragraph, the bidder must entrust the bidding agent with the appropriate qualifications (qualifications) to organize the bidding.
The successful general contractor, as the bidder of the works within the scope of general contracting, may organize or entrust the bidding in accordance with the provisions of this Article.
Article 14: Bidding for construction works shall be subject to the following conditions:
(1) the project has been formally included in the annual fixed-asset investment plan of the state, department or locality or has been reported to the relevant government departments for the record;
(2) registration of the report has been made to the bidding management organization;
(3) the budget estimate has been approved and the funds required within the scope of bidding have been implemented;
(4) the project has been approved by the state, department or locality; and
(iv) the right to use the land for construction has been obtained in accordance with the law;
(v) the relevant documents and technical information needed to meet the bidding requirements have been compiled and approved;
(vi) other conditions required for bidding have been met.
Article 15: Bidding for construction works may be carried out in the following ways:
(1) Public bidding. By the bidder through the newspaper, radio, television, etc. issued a tender notice;
(2) Invitation to tender. By the bidder to issue an invitation to tender, invite more than two (including this number) have the ability to undertake the corresponding engineering tasks of the unit to participate in the bidding;
(C) negotiation of bids. For confidentiality requirements or specialized, technical and other special circumstances, it is not appropriate to use public bidding and invitations to tender for projects, the bidding management agency review agreed to, can be negotiated. Negotiation of the specific measures to be formulated separately.
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