Communication Engineering Construction Project Tendering And Bidding Management

Original Language Title: 通信工程建设项目招标投标管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398536.shtml

Communication engineering construction project tendering and bidding management

    (Announced on May 4, 2014, Ministry of industry and information technology, the 27th as of July 1, 2014) Chapter I General provisions

    First in order to standardize the communication engineering construction project tendering and bidding activities, in accordance with the People's Republic of China tendering and bidding law (hereinafter referred to as the tendering and bidding law) and the People's Republic of China bidding law implementing regulations (hereinafter referred to as the implementing Ordinance), these measures are formulated.

Article in the People's Republic of China communications construction projects in the bidding and tendering activities, these measures shall apply. Construction project of communication referred to in the preceding paragraph, refers to the communication engineering and communication engineering construction-related goods and services.

Which, communications engineering including communications facilities or communications network of new, and alterations, and expansion, and demolition, construction; and communications engineering construction about of goods, is refers to constitute communications engineering integral of part, and for achieved communications engineering basic function by required of equipment, and material,; and communications engineering construction about of service, is refers to for completed communications engineering by needed of survey, and design, and supervision, service.

    Communication construction projects subject to tender according to law the specific scope and size standards based on the relevant provisions of the State.

    Article industry and information technology departments and provinces, autonomous regions and municipalities directly under the Communications Authority (hereinafter collectively referred to as "communications departments for administrative supervision") shall exercise supervision over communications construction project tendering and bidding activities.

    The fourth industry and information technology, Department of electronic tendering be encouraged in accordance with the communication of electronic tendering and bidding of engineering construction project.

    Fifth Ministry of industry and information technology to develop "communication engineering construction project tendering and bidding management information platform" (hereinafter the "platform"), the implementation of communications information management of construction project tendering and bidding activities.

    Chapter II tenders and bids

The sixth State-owned funds controlled or dominated by communication construction projects subject to tender according to law should be tender but have one of the following, you can invite tenders:

(A) the technical complexity, have special requirements or limited by the natural environment, only a few potential bidders to choose from;

(B) accounted for by public tender project contract amount is too large.

There is first listed in the preceding paragraph, tender invitation to tender shall be made to the knew or should have known that all potential bidders issued invitations to bid.

    Accounted for by public tender project contract value of more than 1.5%, and by inviting tender costs significantly lower than the open tender of, before they could be identified as the first listed in the second paragraph of this article.

66th of the seventh article in addition to the bidding law and of the regulations for the implementation of the provisions of the Nineth tenders may not be the case, of potential bidders is less than 3, you can tender.

    Tender human trickery and fraud provisions of the preceding paragraph shall apply, belongs to the fourth article of the bidding law of Dodge tender.

    Eighth communication construction projects subject to tender according to law of the tenderer to complete the tender, shall publish a tender notice or the date of the invitation to tender issued within the 2nd through the "platform" submitted to the communications departments for administrative supervision of the telecommunication construction project bidding on their own record form (see Appendix a).

    Nineth bidding Agent proxy bidding service, covered by the tendering and bidding law, the regulations for the implementation of these measures and provisions on tender. Tenth public bidding project, the Tenderer prequalification scheme for qualification review of potential bidders, shall issue a pre-qualification announcement, preparation of prequalification documents.

Tenderer prequalification notice after the release, you can no longer publish tender notices. Communication construction projects subject to tender according to law of pre-qualification notices and tender notice specified by law, except at the national development and Reform Commission media releases, but should also be in the "platform".

    Published in different media the same tender prequalification notices or tender notice ought to be consistent.

11th prequalification notices, tenders or invitations to bid shall specify the following:

(A) the name and address of the tenderer;

(B) the project the nature, content, scope, requirements and sources of funding;

(C) bidding for the project implementation, or the time and place of delivery requirements;

(D) Gets or prequalification documents of the time, place and method;

(E) the collection of fees on or prequalification documents;

(F) submission of prequalification documents or file locations and deadlines.

    The tenderer and the bidder's qualification requirements, notice in the prequalification, bidding announcements or set out in the invitation to tender.

12th the prequalification documents shall include the following contents:

(A) prequalification notices;

(B) the notice to the applicant;

(C) the eligibility requirements;

(D) performance requirements;

(E) eligibility criteria and methods;

(F) notice of the pre-qualification results;

(G) the prequalification document format.

    Pre-qualification shall be stated in the prequalification documents, standards and methods, prequalification documents does not require standards and methods should not be used as basis for prequalification. 13th a tenderer shall be according to the project's characteristics and the need for the preparation of tender documents.

Tender documents shall include the following contents:

(A) the tender notice or invitation to tender;

(B) the instructions to bidders;

(C) tender document formats;

(D) the technical requirements of the project;

(E) bid requirement;

(F) evaluation criteria, methods and conditions;

(G) the requirements relating to network and information security;

(H) the main terms of the contract.

    All tender documents shall specify the evaluation standards, methods and conditions, and are able to guide the evaluation work, no changes may be made during the bidding process.

    14th tenderer should be marked in a significant manner in the tender documents the substantive requirement, condition, and does not meet the substantive requirements and conditions of the bid will be rejected, prompt; for non-substantive requirements and conditions should provide that the maximum allowable deviation range, the highest number and the offset method.

    15th preparing communication construction projects subject to tender according to law the prequalification documents and tender documents, you should use the national development and Reform Commission, in conjunction with relevant departments for administrative supervision standards text and model developed by the Ministry of industry and information technology.

16th reconnaissance design tender evaluation criteria generally include the following:

(A) the bidder qualification, performance, financial position and performance;

(B) project leader qualifications and performance;

(C) investigation and design team;

(D) the technical and technological innovation;

(E) quality standards and quality control measures;

(F) technical support and protection;

(VII) bid price;

    (H) the Organization and implementation plans and schedules.

The 17th supervision of tendering and bid evaluation criteria of the project shall include the following contents:

(A) the bidder qualification, performance, financial position and performance;

(B) the total project management engineer's qualifications and performance;

(C) the main supervisor and safety supervisors;

(Iv) outline;

(E) quality and safety measures;

    (F) the tender price.

18th construction tendering and bid evaluation criteria of the project shall include the following contents:

(A) the bidder qualification, performance, financial position and performance;

(B) project leader qualifications and performance;

(C) full-time safety Manager;

(D) major construction equipment and construction safety protection facilities;

(E) quality and safety measures;

(F) the bid price;

    (G) the emergency response plan for construction organization design and safety.

19th bid for goods related to the project and communication engineering construction bid evaluation criteria shall include the following contents:

(A) the bidder qualification, performance, financial position and performance;

(B) the bid price;

(C) technical standards and quality criteria;

(D) organize delivery schedule;

    (E) service.

20th bid includes comprehensive evaluation, review the lowest bidding price method permitted by the laws, administrative regulations or other evaluation methods.

    Encourage communication using integrated assessment method for engineering construction project bid.

    21st communication engineering construction project needs to be divided into sections, the Tenderer shall be set out in the tender documents allows the bidders to bid the maximum number of sections.

22nd communication engineering construction project investment plan and implement funding have been identified, the tenderer can pool multiple similar communication engineering construction project bids.

    Centralized tender Tenderer shall comply with the bidding law, the regulations for the implementation of these measures and provisions relating to projects subject to tender according to law.

    23rd centralized tender tenderer, should set forth the projects or in the tender documents relating to the goods, the type of service, the estimated tender size, the winning bidder number and share of each of the winning bidder the winning bidder; to Central bidding and engineering or the related services, also shall specify each of the winning bidder in the implementation area. 24th tenderer can be more than one communication engineering construction project of its kind focused on potential bidders to prequalify.

Focused on the tenderer pre-qualification, shall issue a pre-qualification announcement, explicitly the scope of prequalification and expiry date and should estimate the project scope, set reasonable eligibility, technical and commercial conditions, exclusion of potential bidders shall not be restricted.

Focused on the tenderer pre-qualification, shall comply with the relevant national survey, design, construction, supervision, quality management requirement.

    Concentrated after the pre-qualification, communication engineering construction project tendering shall continue to complete the tender procedure shall not directly contract direct contract, belongs to the fourth article of the bidding law of Dodge tender.

25th tenderer according to the project's specific circumstances, could be on sale as of the date the tender documents, potential bidders to the project site and will hold a bid preparation.

    Tender organization potential bidders to the project site or will hold a bid prepared, it should be an invitation to all potential bidders. 26th should bidders in the tender documents required to be submitted prior to the deadline of the tender documents, tender documents the place.

Communication engineering construction project is divided into sections, bidders should be indicated on the corresponding section in the tender documents.

Not pre-qualified for bidding documents submitted by the applicant, and late or not in accordance with the bid invitation documents require the sealed tender documents, tender shall be rejected.

    After receiving the bid documents of the Tenderer shall not be opened and shall faithfully document the delivery time and seal of bid documents, and archived for future reference.

    Chapter three bids, the bid and the winning bidder 27th communication engineering construction project bidding less than 3 may not bid, the tenderer in the analysis of bidding after the reasons for failure and take appropriate measures, it shall be re-tendered.

Dividing sections of communication engineering construction project of a certain section of the bidders is less than 3, the section shall not bid, the tenderer in the analysis of bidding after the reasons for failure and take appropriate measures, the section should be in accordance with the tender. Bidders believe that bids below cost, can be challenged in the opening scene, and bid evaluation prior to the completion of written materials to the tenderer.

    Tenderer shall transmit written material in a timely manner the Evaluation Committee. 28th the Tenderer shall, in accordance with the tendering and bidding law and the regulations for the implementation of the provisions of the bid opening, record bid opening process and archived for future reference.

The Tenderer shall record the following information:

(A) opening time and place;

(B) the bidder's name, bid prices and other content;

(C) the opening procedure is notarized;

(D) the bidder's objections.

Opening record by bidders should be representative of people in, singing, recording and supervisor signatures.

    Due to force majeure or for other special reasons need to change place of bid opening, the Tenderer shall give notice to all potential bidders to ensure they have enough time to reach the place of bid opening.

29th the bid assessment established according to law by the tenderer's bid Committee.

Communication construction projects members of the Evaluation Committee of experts shall meet the following conditions: (A) working in the communications field for 8 years and have senior professional titles or equivalent professional level.

Master the special talent of communication technology recommended by the work unit, can be considered as the provision of conditions;

(B) familiar with national and industry and all tender bids as well as the construction and management of communications laws, administrative rules and regulations, and project-related experience;

(C) serious, fair, honest, clean and to fulfil its mandate;

(D) an illegal, violates regulations is canceled bid qualifications or have not been in the bidding, bid bid-related activities and other illegal activities have received administrative punishment or criminal penalty;

(E) health and can take over bid.

    The Ministry of industry and information organization and management communication engineering construction project bidding evaluation experts, all provinces, autonomous regions and municipalities directly under the communications authority is responsible for the supervision and management of mark experts working within their respective administrative areas.

30th article law must for tender of communications engineering construction project, assessment standard Committee of experts should from communications engineering construction project assessment standard experts library within related professional of experts list in the take random extraction way determine; individual technology complex, and professional sex strong or national has special requirements, take random extraction way determine of experts to guarantee competent assessment standard work of tender project, can by tender people from communications engineering construction project assessment standard experts library within related professional of experts list in the directly determine.

    Communication construction projects subject to tender according to law the Tenderer shall pass "platform" taken members of the Evaluation Committee of experts, administrative supervision departments of communication you can remotely monitor or supervise the extraction process. 31st communications construction projects subject to tender according to law technically complex, review work, need group review of the bid Assessment Committee, membership for more than 5 people in each group, and each Member shall review all bids in each group.

Bid group programme shall obtain the consent of all the members of the Commission. Head of the bid Committee, headed by the Evaluation Committee members elected or determined by the tenderer.

    Heads of other members of the bid Assessment Committee and equal right to vote.

The 32nd member of the bid Committee shall objectively and impartially review comments on the tender documents, and responsible for the reviews all the comments.

    Tender documents does not require the assessment standards and bid evaluation methods shall not be used as the basis. The 33rd in the bid process, the bid evaluation bids below cost before the Committee's written questions material integrated, identify the bidder's offer was significantly lower than other tender offer or has a base price significantly lower than the base price, that bid may be lower than the cost, shall request a written clarification from the bidder in writing and provide the relevant supporting material.

Approved by the tender requirements to a single quote is below cost, should be set out in the tender documents.

    Bidders could not reasonably have instructions or not accompanied by the relevant supporting documents, the bid Committee should reject the bid.

34th bidder on behalf others bid or the bidder after eligibility is not qualified, the bid Committee should reject the bid. Some bidders to bid after the bid documents or some bidders were rejected after the bid, effective bid less than 3 and a lack of competition, the bid Committee should reject all bids.

Effective bidding less than 3, the bid Committee did not reject all bids should be justified in the bid evaluation report.

    Communication construction projects subject to tender according to law, the bid Committee rejected all bids, the tenderer should be re-tendered.

Upon completion of the 35th bid, the bid Assessment Committee shall, in accordance with the tendering and bidding law and the relevant provisions of the implementing regulations to the Tenderer submitting the bid report and list of the successful candidate.

Centralized tender tenderer, the bid Committee should recommend the winning bidder number set forth in the tender documents the successful candidate, sorted and so marked.

    Evaluation Committee grouping, should form a unified and complete evaluation report.

36th bid assessment report should include the following:

(A) the basic situation;

(B) opening records and tender list;

(C) bidding, bid evaluation criteria or bidding list;

(D) evaluation expert score original table and reject the bid's instructions;

(E) the review price sort or list of scores and bidders;

(F) the recommended list of winning candidates and sorting;

(VII) to deal with matters before signing the contract;

(H) clarification, description, summary of the correction;

    (IX) Evaluation Committee membership and my signature, refused to sign the bid evaluation report the Evaluation Committee membership and statement of a different opinion and reasons.

    37th communications construction projects subject to tender according to law the Tenderer shall from the date of receipt of the evaluation report in the 3rd through the "platform" publicity the successful candidate, public notice period of not less than 3rd.

38th Tenderer shall, in accordance with the tendering and bidding law and the relevant provisions of the regulations for the implementation of the winning bidder is determined. Centralized tender Tenderer shall in turn determine the top successful candidate for the winning bidder, and the winning bidder number and share of each of the winning bidder the winning bidder should be consistent with the content of the bidding documents set out.

Made by the tenderer and the winning bidder should make it clear in the contract price, estimated share the main terms of the contract.

    The winning bidder is unable to perform the contract, the tenderer can bid Committee list of winning candidates in order to determine the successful candidate for the winning bidder, you can also make adjustments to the winning bidder the winning bidder share, but adjustments should be set out in the tender documents the rules.

39th before the winning bidder is determined, the tenderer may not bid on bid price, bid to negotiate the substantive content of the programme.

    Tenders shall not be presented to the winning bidder down quotes, more work, more accessories, increasing the amount of service, shorten or otherwise contrary to the winning bidder the substantive content of the file requirements.

    40th communication construction projects subject to tender according to law the Tenderer shall from the date of the winning bidder is determined in the 15th through the "platform" communications to the communications departments for administrative supervision of construction project bidding report table (see Appendix II). 41st tenderer should establish a complete bid file and saved according to the relevant State provisions.

Tenders archive should include the following:

(A) the tender documents;

(B) winning bidder file;

(C) the evaluation report;

(D) notification;

(V) the written contract signed by the tenderer and the winning bidder;

(Vi) to the communication submitted by departments for administrative supervision of the communications construction project bidding on their own application form and the communication of construction projects bidding report table;

    (G) the need to archive content.

    42nd centralized tender Tenderer shall be completed for all projects adopted within 30th of the "platform" project implementation reported to the communications departments for administrative supervision. 43rd communications departments for administrative supervision to supervise and check the communication engineering construction project tendering and bidding activities, you can read and copy in the tendering and bidding activities relevant documents and information, to investigate the situation, shall cooperate with the relevant units and personnel.

If necessary, the communications departments for administrative supervision may be ordered to suspend the bidding activities.

    Administrative supervision departments of communication in supervision and inspection staff aware of State secrets, business secrets, it shall be kept confidential.

    The fourth chapter legal liability

    44th tenderer in the tender notice is published, issued invitations to bid or sell or prequalification documents without justifiable reasons terminates after the bidding, warned by the Communications Department for administrative supervision, and to a fine of up to 10,000 yuan and 30,000 yuan.

45th communication construction projects subject to tender according to law bidding or tendering Agency any of the following circumstances, by communication departments for administrative supervision shall be ordered to correct can be fined not more than RMB 30,000 Yuan:

(A) tender people tender, is not required to communicate administrative supervision departments for the record;

(B) fails the "platform" determine the Evaluation Committee of experts;

(C) the tenderer does not pass the "platform" publicity the successful candidate;

    (D) after the winning bidder is determined, in accordance with stipulations bidding report to the communications departments for administrative supervision.

46th tenderer has any of the following circumstances, by communication departments for administrative supervision shall be ordered to correct can be fined not more than RMB 30,000 yuan, the unit directly in charge of personnel and other persons directly responsible shall be given sanctions; substantive impact on the bidding results, and failure to take remedial measures to correct, the Tenderer shall tender or bid:

(A) preparation of prequalification documents, solicitation documents does not specify any eligibility or bid evaluation criteria and methods;

(B) the requirement in the tender documents many rounds of bidders offer, bidders undertake to offer higher than the historical price and other law provisions;

(C) according to the provisions established eligibility Committee;

(D) quantity does not meet the statutory requirements of bidders directly, without re-tendering the employer;

(E) bid opening process, opening the record is not compatible with the bidding law and the implementation of the provisions of the Ordinance and these rules;

(F) the violation of the regulations for the implementation of the 32nd article restriction, exclusion of bidders;

    (G) in any way asked members of the bid Assessment Committee to assign the bidder as a successful candidate, in the tender documents did not provide the assessment standards and methods as a basis for evaluation or otherwise illegally interfering in bidding activities, impact evaluation results.

    47th centralized tender Tenderer prequalification or set, in violation of this article 23rd, 24th and 35th or 38th article, by communication departments for administrative supervision shall be ordered to correct can be fined not more than RMB 30,000 yuan.

    The fifth chapter supplementary articles

    48th communications establish communication departments for administrative supervision system of construction project tendering and bidding information, regularly informed of communication engineering construction project tendering and bidding overall, public bidding and tendering for the record, significant illegal events of default, and so on. The 49th article of the rules take effect on July 1, 2014. Former People's Republic of China Ministry of information industry, released on September 22, 2000, the provisional regulations on communication construction project tendering and bidding management (People's Republic of China Ministry of information industry, the 2nd) repealed simultaneously.