Department Of Transportation On Amending The Methods For Administration For Biddings Of Highway Engineering Survey Design Decisions

Original Language Title: 交通运输部关于修改《公路工程勘察设计招标投标管理办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201305/20130500387390.shtml

Department of transportation on amending the methods for Administration for biddings of highway engineering survey design decisions

    (February 17, 2013 the Ministry of transport [2013] 3rd release come into force on the date of promulgation) Department of transportation decided to survey and design of Highway Engineering tendering and bidding management policy (2001, traffic, 6th) as follows:

    First, the article is revised as follows:

    Highway construction projects, one of the following circumstances, can not carry out investigation and design bidding:

    (A) relates to national security, State secret, emergency rescue and disaster relief or to the use of poverty relief funds the implementation of food-for-work and other special circumstances;

    (B) the need to adopt an alternative to patent or proprietary technology;

    (C) the purchaser can legally provide reconnaissance and design;

    (D) have been selected through bidding franchise investment law to provide reconnaissance and design;

    (E) require to the winning bidder procurement survey and design, otherwise it will affect construction or functions matching requirement;

    (Vi) other special cases stipulated by the State.

    Second, 12th for:

    State-owned funds controlled or dominated by highway construction projects subject to tender according to law, investigation and design should be an open tender. Determined by the State Council development and reform Department of national key projects and local key projects identified by the people's Governments at the provincial level are not suitable for open tender, by the development and reform of the State Council or provincial people's Government for approval, you can make the invitation to tender.

    Other road construction projects 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.

    The preceding paragraph (b) of the circumstances listed, is in accordance with the relevant provisions of the State needs to fulfil the project approval, approval procedures for projects subject to tender according to law, approved by the project approval, departments at the time of approval, approval of the project determination, other projects by the tenderer in accordance with project management permissions to apply to the Transport Department for identification.

    Three, 18th revised as follows: national survey and design of highway network construction project tender pre-qualification result and the tender documents shall be submitted to the Ministry of transport for the record, other survey and design of highway construction projects tender pre-qualification results and bidding documents reported to the local people's Governments at or above the county level shall, in accordance with the project management permissions departments of transportation.

    Article IV, sixth, tenth, 16th, 35th, 40th and 54th in the "Ministry" is amended as "Ministry of transport" the sixth, tenth, 16th, 35th, 40th, 44th and 52nd in the "traffic authority" is amended as "Transport Department".

    This decision shall come into force as of the date of.

    The survey and design of Highway Engineering tendering and bidding management of corresponding amendments shall be made according to this decision, republished.

    Appendix: survey and design of Highway Engineering tendering and bidding management 2013 (revised) (August 21, 2001, published on February 17, 2013 the Ministry of transport, traffic, the modification of survey and design of Highway Engineering tendering and bidding management decision to amend)

    Chapter I General provisions

    First for regulating highway construction market order, improving Highway survey and design level and benefit of highway construction investment to ensure the project quality, in accordance with the People's Republic of China highway code and the People's Republic of China tendering and bidding law and relevant regulations of the State, these measures are formulated.

    Road construction projects in the second survey, design individual contracts in 500,000 yuan more than the estimated price or construction projects involving a total investment of at least 30 million Yuan, the need for investigation and design bidding.

    Thirdly, road construction projects with any of the following circumstances, can not carry out investigation and design bidding:

    Relating to State security and State secrets, emergency rescue and disaster relief or to the use of poverty relief funds the implementation of food-for-work and other special circumstances;

    (B) the need to adopt an alternative to patent or proprietary technology;

    (C) the purchaser can legally provide reconnaissance and design;

    (D) have been selected through bidding franchise investment law to provide reconnaissance and design;

    (E) require to the winning bidder procurement survey and design, otherwise it will affect construction or functions matching requirement;

    (Vi) other special cases stipulated by the State.

    Article Highway reconnaissance design tender and bid activities shall conform to openness, fairness, impartiality, honesty and credit principle.

    Fifth survey and design of Highway Engineering tendering and bidding activities from regional or sectoral restrictions, no unit or individual shall not in any way interfere with legitimate bidding activity; to tender shall not break a project or in any other way to Dodge tender.

    Article sixth supervision and management of survey and design of Highway Engineering tendering and bidding activities under unified leadership and management at different levels.

    Department of transportation national highway construction project supervision and management of investigation and design bidding activity.

    Provincial transport authorities are responsible for the administrative supervision of Highway survey and design of construction project tendering and bidding activities management.

    The people's Government above the county level transportation departments in accordance with the project management permissions, highway survey and design of construction project tendering and bidding activities to investigate and punish violations.

    Chapter II tenders

    Article seventh Highway Engineering reconnaissance design tender means that a tenderer in accordance with state capital construction program, with reference to the approved feasibility study report on preliminary highway engineering design and construction design selected through public bidding activities investigation and design units.

    Survey and design of Highway Engineering bidding can implement a one-time bidding, phased tendering, key project to carry out bidding with special requirements.

    Eighth tenderer is in line with the market access conditions for highway construction, highway engineering reconnaissance design tender pursuant to these rules projects, tenders for project legal person.

    Nineth tenderer has the project to adapt to the size of the engineering, management, organizational preparation of tender documents and organizing bid ability of survey and design, you can carry out the tender. The tenderer does not have the conditions prescribed in the preceding paragraph, shall be commissioned in accordance with the highway construction market access conditions, with the corresponding qualifications of procuratorial Agency to carry out the tender.

    A procuratorial Agency shall Commission agents acting within the scope of the tenderer to carry out the tender.

    Any unit and individual shall not in any way specify tendering Agency for the tenderer.

    Tenth Article tender people itself handle tender matters of, should in released tender announcement or issued bid invited book 15th Qian, by project management permission reported traffic Transport Department or provincial government traffic transport competent sector nuclear prepared; tender people delegate tender agent institutions handle tender matters of, should in delegate contract signed Hou 15th within, by project management permission reported traffic Transport Department or provincial government traffic transport competent sector nuclear prepared.

    11th Highway Engineering reconnaissance design tender include open bidding and inviting tenders.

    Public tender is a tender person designated by the State press, information networks or other media to publish tender notices, tender invites unspecified legal persons or organizations.

    Invitation to tender is the invitation to tender in order to tender way, inviting more than three qualified, and have the ability to undertake the project survey and design, a specific legal person or organization tendering good credit.

    Tender notice or the invitation to tender shall include the tenderer's name and address, project basic overview, bidder's qualification requirements and obtain the prequalification documents, matters such as the tender documents.

    12th State-owned funds controlled or dominated by highway construction projects subject to tender according to law, investigation and design should be an open tender. Determined by the State Council development and reform Department of national key projects and local key projects identified by the people's Governments at the provincial level are not suitable for open tender, by the development and reform of the State Council or provincial people's Government for approval, you can make the invitation to tender.

    Other road construction projects have one of the following, you can invite tenders:

    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.

    The preceding paragraph (b) of the circumstances listed, is in accordance with the relevant provisions of the State needs to fulfil the project approval, approval procedures for projects subject to tender according to law, approved by the project approval, departments at the time of approval, approval of the project determination, other projects by the tenderer in accordance with project management permissions to apply to the Transport Department for identification. 13th road engineering investigation and design bidding for qualification review system.

    Public bidding and prequalification; invitation to tender, the implementation of post-qualification. Prequalification is the tenderer in the tender notice after the release, before issuing the invitation to tender to a potential bidder qualification, reputation, performance and capacity review.

    Tender only issued to prequalified bidders bidding invitations, sale of tender documents.

    Post-qualification is tender after being invited bidders bidding documents, bidders ' qualifications, reputation, review performance and capacity.

    Article 14th Highway Engineering reconnaissance design tender in accordance with the following procedures:

    (A) preparation of prequalification documents and solicitation documents;

    (B) publish tender notices or send invitations to bid;

    (C) qualification review of potential bidders;

    (D) to qualified potential bidders for sale of tender documents;

    (E) potential bidders surveying the site, before you bid will be held;

    (Vi) acceptance of tender people tender documents, public opening;

    (VII) formation evaluation committee evaluation, recommending the successful candidate;

    (H) determining the winning bidder, bid notices issued;

    (I) contracts with the winning bidder.

    Survey and design of Highway Engineering tendering and implementation of invitation to tender, in the preparation of tender documents, according to the above procedure (d) to (I) requirements.

    15th the prequalification documents potential bidders should be required to provide the following basic material:

    (A) license, qualification certificate, credit certificate and certificate of survey and design fees;
(B) nearly five years to complete the main survey and design of highway engineering projects and awards, as well as social prestige;

    (C) is being undertaken and will undertake reconnaissance and design of projects;

    (D) the proposed project leader, principal technical inputs and technical equipment, application software;

    (E) audit of the financial accounts of the last two fiscal years;

    (Vi) in the form of Consortium bidding, consortium members the parties signed the agreement and Consortium participation certificate material;

    (G) subcontracting plans, and proposed subcontractors submit subcontracting plan qualification requirements. 16th tender documents shall be in accordance with the Ministry of transport or promulgated by the provincial Transportation Department Highway reconnaissance design tender document model, combined with the characteristics of the project and the actual preparation is required.

    Tender documents should include the following:

    (A) the invitation to tender;

    (B) tender notes;

    (C) investigation and design general terms and special terms of the contract;

    (D) survey and design standards and specifications;

    (E) survey and design sources;

    (F) the agreement of investigation and design format;

    (G) the tender document formats;

    (H) the evaluation criteria and methodology. 17th tenderer the tender documents already issued to carry out the necessary addenda or amendments, shall, before submitting the tender deadline 15th, all the tender document recipient written notice.

    The content of the addendum or amendment as part of the tender documents.

    18th National Highway network construction project tender pre-qualification survey and design results and tender documents shall be submitted to the Ministry of transport for the record, other survey and design of highway construction projects tender pre-qualification results and bidding documents reported to the local people's Governments at or above the county level shall, in accordance with the project management permissions departments of transportation. 19th Tenderer shall reasonably determine prequalification documents and the tender documents preparation time.

    From the date of tender notices published to the deadline for potential bidders to submit pre-qualification documents, shall not be less than 14th since the sale closing date of the tender documents to bidders tender submission deadline, shall not be less than the 21st.

    Chapter III tenders

    20th a bidder is in line with the market access conditions for highway construction, have the required qualifications, legal person or organization responds to a tender and participates in bid competition. 21st two or more legal persons or organizations can form a consortium and jointly submit a bidder.

    By the same professional legal qualification or consortium of organizations by level of qualification within the consortium members identified.

    Consortium members the Parties shall enter into a joint bidding agreement, organizers of the clearly complex and intends to take on the work and responsibilities of members and joint bidding agreement together with the bid documents submitted to the tenderer.

    The tenderer may not compel bidders to form a consortium to jointly submit shall not limit competition between bidders. 22nd bidders have proposed that some non-subject, non-critical work for subcontracting, subcontracting plans must be submitted to the tenderer, and set out in the tender documents.

    The qualifications of the subcontractors shall be commensurate with the scale of its engineering standards.

    23rd a bidder shall, in accordance with the tender documents for the preparation of bid documents, the bid documents shall respond to substantive requirements and conditions for tender documents.

    Article 24th of bid documents made up of business documents, technical documents and bills of quantities.

    Business documents include the following basic elements:

    (I) the tender;

    (B) power of Attorney;

    (C) the basic situation of project leader and main technicians;

    (Iv) outline of investigation and design work.

    Technical document includes the following essential elements:

    (A) understanding of the tender;

    (B) characteristics of tender, difficulties, focus on technical analysis and treatment measures;

    (C) the proposed research project;

    (D) the preliminary estimation of project cost.

    Price list includes the following basic elements:

    (A) survey and design fees quotation;

    (B) the list of survey and design costs.

    25th bid file business documents should be included in the prequalification documents provides the main content and updates since the pre-qualified, outline of survey and design work should include investigation and design cycle, progress and quality assurance measures, follow-up measures.

    26th in the bid documents of the Bills of quantities, for survey and design fees shall be in accordance with the existing Highway survey and design fees are calculated. 27th bidding documents should be double sealed envelope, the first for business documents and technical papers in the envelope, the second envelope for bills of quantities.

    These two envelopes shall be sealed in the same envelope for a copy of the tender document. Bidders shall tender document requirements before the deadline, the tender documents specify locations.

    Tender documents and any letter should the proponent a seal or signature of its legal representative or its authorized agents. 28th requested by the bidder in the tender documents before the deadline, you can add, modify, or withdraw the bid documents that have been submitted, and inform the tenderer in writing.

    Adding, modifying content should use tenders posted with the same seal, and as part of the tender documents. Article 29th after receiving tender documents, tender, should sign saved may not open. After the bid closing date of any communications service, tenders shall not be acceptable.

    Less than three bidders, the Tenderer shall, in accordance with tender as provided herein.

    Article 30th bidders in the tendering process must not collude in cheating, fair competition shall be without prejudice to the other bidders, not to pay bribes, fraud, defrauding the bid.

    Chapter fourth bid, bid, bid 31st bids should be the deadline for submission of bid documents identified in the tender documents at the same time open to the public.

    Place of tender tender documents should be predetermined locations. Article 32nd opening hosted by the tenderer, and all bidders shall be invited to attend.

    Be notarized, should have a notary present. Article 33rd when opened, by the bidders or their elected representatives would have sealed bidding document, also can be used by the delegates of the notarial examination and notarization; after it has been confirmed, and opened the first envelope of bids, read out the names of bidders, bid documents signed and business document main content of the page.

    The second envelope is not opened in the tender documents, and keep it.

    Bid opening process should be documented and archived for future reference.

    Article 34th belongs to one of the following conditions should be treated as a void:

    (A) the tender documents is not sealed as required;

    (B) the tender documents is not sealed by the bidder official seal or signature of legal representative or its authorized agent;

    (C) tender documents illegible, blurred beyond recognition;

    (D) the bidder to submit the same bid item two or more different content bid documents, no written statement which effectively;

    (E) the tender documents do not meet the substantive requirements of the tender documents.

    35th bid established according to law by the tenderer's bidding Committee, bid according to Department of transportation survey and design of Highway Engineering bidding and relevant provisions and the relevant requirements of the tender documents. Members of the bid Assessment Committee by the tenderer representatives and experts in relevant technical, economic and other aspects, and there are more than five persons in the singular, which shall not be less than the number of experts two-thirds of the total number of members.

    With bidders interested persons shall not enter the bid evaluation Committee. The Ministry of transport and the provincial transportation departments should set up evaluation experts. National trunk and country, key road construction projects evaluation Committee of experts, from the establishment of the Ministry of transport identified in the database of the bid, or authorized by the Ministry of transport from the provincial transportation authorities identified in the establishment of a database of evaluation.

    Other highway construction projects evaluation Committee of experts from the provincial transportation authorities identified in the establishment of a database of evaluation.

    Before the Evaluation Committee members in a bid to determine the list shall be kept confidential.

    36th bid Assessment Committee may request that the bidder in the tender documents and in the ambiguous content of the necessary clarifications or explanations, clarifications or explanations within the substantive content of the bidding documents.

    37th Evaluation Committee should be in accordance with the tender documents evaluation criteria established by using method of comprehensive evaluation on bidder's reputation and experience, project leader qualifications and skills, technical advice on projects, survey design and scheduling, quality assurance measures, follow-up services and offer rate comments. Evaluation Committee to the bidder after the first envelope review rating, in the presence of the monitoring bodies case, open the second envelope of bidders, review the second envelope points.

    Comprehensive evaluation, bidders score results are sorted based on level of the second successful candidate and written evaluation report to the tenderer. Tender according to the bid Committee and a written evaluation report and recommend the qualified candidate winning bidders to determine the winning bidder.

    The tenderer may also authorize the bid Assessment Committee to determine the winning bidder. Article 38th Evaluation Committee review, believes that they fail to meet the requirements of the tender documents, it may reject all bids.

    One of the following conditions occurs, the Tenderer shall, in accordance with the way new:

    (A) all tender documents are not passed business documents, technical documentation compliance reviews;

    (B) all tender documents cannot meet the tender requirements.

    39th members of the bid Assessment Committee shall objectively and impartially perform their duties, comply with professional ethics, to review comments made by taking personal responsibility.

    Members of the bid Assessment Committee shall not privately contacts bidders shall not accept property or other benefits from bidders shall not be disclosed in the tender documents and evaluation, successful candidate recommendation and other circumstances relevant to the bid.
40th after the winning bidder is determined, the tenderer should be sent to the winning bidder the winning bidder notice on 7th, and will inform all unsuccessful bidders bid results on 15th, according to the project management authority will bidding report to the Department of transportation or the provincial Transportation Department approval.

    41st in the bid in the 30th from the date the notice is issued, the tenderer and the winning bidder should be in accordance with the tender documents and tender documents for signing contracts.

    The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract.

    Bid invitation documents require the winning bidder to submit a performance bond, the winning bidder should be provided.

    42nd winning bidder shall perform obligations in accordance with the contract and complete the winning project.

    The Consortium bid, each party to the consortium shall jointly signed a contract with the tenderer, the winning project bid assume joint and several liability.

    The winning bidder will be part of the winning project of non-subject, the critical work subcontracted to others, the winning bidder subcontracting should be accountable to the tenderer, subcontracting subcontracting bear joint and several liability.

    Article 43rd Programme tender, the tenderer and the winning bidder was not the winning bidder's patented, proprietary technology that bid should be agreed to consent was not the winning bidder, and given a reasonable financial compensation.

    The fifth chapter legal liability

    44th must project for Highway Engineering reconnaissance design tender, the tenderer to organize or authorize a procuratorial Agency to carry out the tender, are not within the specified time according to the project management authority reported to the Transportation Department approval, given a warning and ordered to stop bidding.

    45th article violation this approach provides, must for tender of project and not tender of, will must for tender of project break, or to other any way avoid tender of, ordered deadline corrected, can sentenced project contract amount 5 per thousand above 10 per thousand following of fine; on all or part using state-owned funds of project, can suspended project implementation or suspended funds allocated, on units directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions. 46th article tender agent institutions violation this approach provides, leaked should confidential of and tender bid activities about of situation and information of, or and tender people, and bid people collusion damage national interests, and social public interests or others lawful rights and interests of of, at 50,000 yuan above 250,000 yuan following of fine, on units directly is responsible for of competent personnel and other directly responsibility personnel at units fine amounts 5% above 10% following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of,

    Pause until you cancel the tender agent eligibility.

    47th article bid people violation this approach, mutual collusion bid or and tender people collusion bid, bid people to to tender people or assessment standard Committee members bribe of means seek bid of, bid invalid, at bid project amount 5 per thousand above 10 per thousand following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, canceled its one years to two years within participate in law must for tender of project of bid qualification and be announcement.

    48th article assessment standard Committee members received bid people of property or other benefits of, assessment standard Committee members or participate in assessment standard of about staff to others revealed on bid file of review and compared, and bid candidates of recommended and and assessment standard about of other situation of, give warning, confiscated received property, can and at 3,000 yuan above 50,000 yuan following of fine, on illegal of assessment standard Committee members canceled its assessment standard Committee experts qualification, recommends where units by about provides give administrative sanctions.

    49th tenderer other than the successful candidate evaluation Committee recommended the winning bidder is determined, all bids were rejected by bid Committee in determining the winning bidder, the bid invalid, correction, can be fined not more than bid amount 5 per thousand to 10 per thousand; directly responsible for unit charge and other direct liable persons shall be given administrative sanctions.

    50th article bid people will bid project transfer to others of, will bid project dismembered Hou respectively transfer to others of, violation this approach provides will bid project of part subject, and key work points package to others of, or points package people again points package of, transfer, and points package invalid, at transfer, and points package project amount 5 per thousand above 10 per thousand following of fine, on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition.

    51st article any units violation this approach provides, limit or exclusion this area, and this system yiwai of potential bid people participate in bid of, for tender people specified tender agent institutions of, forced tender people delegate tender agent institutions handle tender matters of, or to other way interference tender bid activities of, ordered corrected; on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition.

    52nd Transportation Department functionary, abusing, bribes, bribes, bribes, intervention normal tendering and bidding activities, where appropriate, by the Department of transport, in conjunction with the departments concerned shall be given administrative sanctions, to constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    53rd international organizations or foreign government loans, aid project bidding, lenders, finance provider has special provisions on bid, its provisions can be applied, but contrary to People's Republic of China except in the public interest.

    54th explain these measures by the Ministry of transport. 55th article of the rules implemented on January 1, 2002.