Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201303/20130300385468.shtml
Water transportation project construction bidding management methods
(December 20, 2012 2012 the Ministry of transport announced 11th come into force February 1, 2013) Chapter I General provisions
First in order to regulate the water transport construction project tendering and bidding activities, protection of the lawful rights and interests of the parties involved in tendering, ensure the quality of water transport engineering construction projects, according to the People's Republic of China bidding law of the People's Republic of China bidding law implementing regulations and other laws and regulations, these measures are formulated.
Article in the People's Republic of China according to law must be carried out in the territory of water transport engineering construction project tendering procedures apply.
Refers to water transport engineering of water transport engineering construction project of water transport engineering construction-related goods and services.
Qian paragraph by said water engineering including port engineering, and channel regulation, and channel dredging, and shipping hub, and had ship buildings, and repair shipbuilding hydraulic buildings, and subsidiary buildings and facilities of new, and alterations, and expansion and related of decoration, and demolition, and repair, engineering; goods is refers to constitute water engineering integral of part, and for achieved engineering basic function by required of equipment, and material,; service is refers to for completed water engineering by needed of survey, and design, and supervision, service.
Third waterway construction project tendering and bidding activities, you should follow the principle of openness, fairness, impartiality and good faith.
Article fourth of water transport engineering construction project tendering and bidding activities from regional or sector restrictions.
No unit or individual may illegally interfering in bidding activity in any way, the project subject to tender according to law may not be piecemeal or by any other means to avoid tendering.
Article fifth waterway construction project bidding and tendering work under unified leadership and management at different levels.
Department of transportation responsible for water transport construction project tendering and bidding activities nationwide, and has specific responsibility for approval by the national development and Reform Commission and other departments, approval and approval by the Ministry of transport of water transport engineering supervision and management of construction project tendering and bidding activities.
Provincial departments of transportation this waterway construction project tendering and bidding activities in the administrative area, and in charge of provincial people's Government for approval, approval of water transport engineering supervision and management of construction project tendering and bidding activities.
Provincial transportation authorities in accordance with their respective responsibilities to supervise and administer the waterway construction project tendering and bidding activities.
Sixth water transport construction projects should be in accordance with relevant regulations of the State, entered the local district of the city-level people's Governments to set up public resources trading places or other places of tendering and bidding transactions authorized by the tendering and bidding activities.
Encourages the use of legally establishing the bidding Web services platform and modern information technologies for electronic tendering and bidding of construction project of water transport engineering.
Chapter II tenders
Seventh bidding of construction project of water transport engineering specific scope and scale standards implementation of the relevant provisions of the State Council.
Tendering Agency to encourage water transport construction projects, Special Science study items, selection of monitoring and other units using the tender or other competitive, competitive negotiation way.
Article eighth of water transport engineering construction project tender refers to tenders and bidding of water transport engineering construction project legal person.
Nineth in accordance with relevant State regulations require project approval, approval procedures of water transport engineering construction projects, obtain approval to carry out reconnaissance, design tenders.
Preliminary design of water transport construction projects through the approval, supervision, construction, equipment and materials available for bidding.
Article tenth of water transport engineering construction project tender is divided into an open bidding and inviting tenders.
In accordance with relevant State regulations require project approval, approval procedures of water transport engineering construction project, the Tenderer shall, in accordance with the project's approval, approval to determine scope of tendering, tender, tender form bid; does not determine the scope of tenders, tender, tender forms, according to the relevant provisions of the State.
Do not need to complete the project examination and approval, approval procedures of water transport engineering construction projects, its tender, tender, tender forms, according to the relevant provisions of the State. 11th tenderer should reasonably distinguish between packages, determine the duration and set out in the tender documents.
Should not be used to divide sections avoiding tendering, Sham tendering, restrict or preclude potential bidders. 12th State-owned funds accounted for holding or playing a leading role in water transport engineering construction projects, should be an open tender.
But any of the following circumstances, you can make the invitation to tender:
(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.
Water transport construction projects set out in this article, need to be approved in accordance with relevant regulations of the State project, approval procedures, approved by the project approval, departments have the preceding paragraph to the project (ii) circumstances listed be identified; other items by the tenderer apply to departments of transportation with regulatory responsibilities of the project determination is made.
13th under any of the following circumstances in water transport engineering construction projects, tenders may not be:
(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, require the use of special circumstances such as migrant workers, not suitable for tender;
(B) the need to adopt an alternative to patent or proprietary technology;
(C) procuring its own construction, production of goods or services provided by qualified and capable, and in accordance with the statutory requirements;
(D) has been selected by tender the franchise investment law on their own construction, production or provision;
(E) require procurement of works, goods or services to the winning bidder, otherwise it will affect construction or functions matching the requirements;
(Vi) other special cases stipulated by the State.
Tender human trickery and fraud provisions of the preceding paragraph shall apply, which belongs to the tender and bid law article fourth Dodge tender.
Article 14th design of construction projects tendering can be used in water transport engineering design bidding or tender design organization.
15th a tenderer may, in accordance with the engineering and construction-related goods, services, in whole or in part general contractor tender.
Form of a provisional estimate included in the contract within the scope of the works, goods, services, and belongs to the project subject to tender according to law the scope of size and reach the national standard shall be legal tender, tender subjects should be specified in the general contract, and by Contracting his obligations under the contract the tenderer in accordance with article 18th tenders and filing procedures.
Provisional estimate referred to in the preceding paragraph, refers to the general contractor tender price cannot be determined by the tenderer in the tender document provisionally assessed the project, the amount of goods and services.
16th of the tenderer to carry out the tender itself, subject to the following conditions:
(A) the Tenderer shall be the water transport engineering project legal person of construction projects;
(B) has the project scale and adapted to the complexity of water transport engineering construction project technical, economic and other professionals;
(C) has to take the preparation of tender documents and organizing bid organization, or professional person;
(Iv) familiar with and master the bidding procedures and relevant laws and regulations.
Bidding themselves to carry out the tender, shall have the supervision and management of traffic and transport departments. The tenderer does not have the conditions prescribed in the preceding paragraph of this article, shall authorize a procuratorial Agency to carry out the water transport construction project tender.
No unit or individual shall not be specified for a tenderer bidding Agency. 17th tenderer using the tender or other competitive selection bidding Agency, shall, in the performance, credibility, quality of employees, service plan, and other aspects of visits. Bidding and tendering Agency shall enter into a written contract.
Contract fees shall conform to the relevant regulations of the State.
A procuratorial Agency in its licensing and tenders who carried out within the framework of the procuratorial tender business and is not subject to any entity or individual of unlawful interference or restrictions.
Article 18th prequalification public tender in the form of water transport engineering construction project, the tenderer should be tender and bid activities according to the following procedures:
(A) preparation of prequalification documents and solicitation documents, departments of transportation;
(B) issue a pre-qualification announcement and sale of prequalification documents;
(C) to propose bids for pre-qualification of potential bidders, qualifying results reported to the Transportation Department for the record;
State-owned funds controlled or dominated by marine engineering construction projects subject to tender according to law, the Tenderer shall form a Eligibility Committee reviews applications for prequalification documents;
(D) issued to pre-qualified bidders invitation to tender; not pre-qualified bidders to give notice of prequalification results;
(E) sale of tender documents;
(F) potential bidders when needed and answer questions;
(G) receive the bidder's bid documents, public opening;
(H) the established Evaluation Committee evaluation, recommending the successful candidate;
(IX) public bid candidates to determine the winning bidder;
(J) preparation of the tender written report to transportation departments;
(12) contracts with the winning bidder.
Article 19th water transport construction projects using post-qualification public tender in the form of shall be used as reference procedure provided for in article 18th, and after the bid by the bid Committee in accordance with the provisions of the tender documents standards and review the qualifications of the bidders.
Article 20th waterway construction project inviting bid and tender documents shall be submitted to a regulatory authority's transportation departments.
21st prepared by the Tenderer prequalification documents, tender document content contrary to mandatory provisions of the laws and administrative regulations, violate the principle of openness, fairness, impartiality and good faith, influence outcomes or potential bidders to prequalify, the tender of the project subject to tender according to law should be modified prequalification documents or when tender.
Water transport construction projects subject to tender according to law the prequalification documents and the preparation of tender documents, you should use the development and reform of the State Council in conjunction with the relevant departments for administrative supervision standards text, as well as industry standard text issued by the Ministry of transport.
Tenderer in setting eligibility conditions, evaluation standards and methods, should make use of water transport engineering construction market credit information and announcement of records of illegal tendering platform for publishing information to evaluate the prospective bidder or bidders.
22nd prequalification notice and publish tender notices, except in accordance with provisions in the media outside, tender people both in the transportation industry to the mainstream media or building units, such as the Portal Web site.
Publication of pre-qualification notices and tenders should be open, and no unit or individual may illegally interfere with range, limited release locations, published, or published.
Prequalification notices and tenders that are published on the network, at least until the prequalification documents and solicitation documents are available for sale at closing time. 23rd Tenderer prequalification notices, tenders or invitations to bid requirements of time and place of sale of prequalification documents or the tender documents. Prequalification or tender documents sale period shall not be less than 5th.
Prequalification or tender documents after the sale, are not refundable.
Article 24th from the date of the prequalification documents off the shelves until the date of the deadline to submit applications for prequalification documents, shall not be less than 5th. The prequalification documents clarification or modification may affect the prequalification documents shall, at least 3 days before the deadline for submission of prequalification documents to acquire, by written notice to all potential bidders of the prequalification documents.
Less than 3rd, the Tenderer shall submit a prequalification application deadline postponed.
Projects must be tendered according to law in the prequalification documents removed from sale date, gets the potential bidder prequalification documents less than 3 should be re-tendered. 25th prospective bidder or any other interested person objects to the prequalification documents, prequalification documents shall be submitted in due time by 2nd. Tenderer shall from the date of receipt of the objection within the 3rd responded before making a reply shall suspend the bidding and tendering activities.
Replies to objections if the substantive effects of prequalification documents preparation, extended the deadline for the submission of prequalification documents. Prequalification review 26th passing and limited quantity. Under normal circumstances should be qualified and who meet the qualifications stipulated by the prequalification documents the prequalified applicants are pre-qualified.
Too many potential bidders, a limited number can be used, but the amount must not be less than 7; meet the eligibility criteria of the applicants with less than this amount, are considered to be prequalified.
Pre-qualified applicants less than 3 should be re-tendered. Pre-qualification shall be stated in the prequalification documents, standards and methods.
Prequalification document does not specify the criteria and methods shall not be used as basis for eligibility.
27th from the date of tender documents for sale to potential bidders to submit bid documents due date, minimum of not less than 20th.
For clarification or modification of the tender document may affect the tender documentation should be at least 15th the deadline for submission of the tender documents, to acquire, by written notice to all tender documents potential bidders; lack of 15th, the tenderer should extend the deadline for the submission of bid documents.
Obtain tender documents potential bidders with less than 3 should be re-tendered. 28th potential bidders or any other interested person objects to the tender documents, should be submitted before the deadline for submission of bid documents 10th; Tenderer shall from the date of receipt of the objection within the 3rd responded before making a reply shall suspend the bidding and tendering activities.
Replies to objections if a material impact the preparation of tender documents, then the extended deadline for submission of bid documents. 29th a tenderer shall be stated in the tender document tender validity period.
Bid validity period from the due date for submission of bid documents.
30th a tenderer in the tender document required bidders to submit a bid bond, bid bond shall not exceed the estimate price of tender 2%, bid security shall be consistent with the bid validity period the validity period. Bid amount and form of payment should be identified in the tender documents.
Domestic bidders if cash or check form to submit a bid bond shall be from the bidder's account.
Bid bond shall not be diverted. 31st tenderer can decide for themselves whether the preparation of bidding. A project can have only one base price.
Before the opening bid must be kept confidential.
Commissioned the preparation of base number intermediary institution shall not participate in the tender to be entrusted with the preparation of bid projects, nor for the project proposals, preparation of tender documents or provide consulting and other related services. Tenderer has the highest bid price, shall be specified in the tender documents the highest bid price or highest bid limit calculation method.
Tenderer may not set the minimum bidding price. Article 32nd organization visit the project site of the tenderer, shall notify all potential bidders participate, may organize a single or some potential bidders to the project site.
Potential bidders due to their own reasons not to participate in site, and shall not be challenged. 33rd Tenderer prequalification notice is published, tenders, the issuance of invitations to bid or sold after the prequalification documents, solicitation documents, without any justified reason, shall not terminate the tender. Due to special reasons to terminate the bid of the Tenderer shall be promptly announced or notified in writing to be invited or get the prequalification documents, solicitation documents potential bidders. Is sale of the prequalification documents, solicitation documents or has charge of the bid, charged by the Tenderer shall be returned without delay to purchase pre-qualification documents, tender document fee and charged by a bid bond and bank deposit interest.
Methods of calculation of interest shall be set out in the tender documents. 34th Tenderer shall not be unreasonable conditions, exclusion of potential bidders or bidders.
The Tenderer has any of the following acts, belonging to the unreasonable conditions, exclude potential tenderers or bidders:
(A) in respect of the same project to potential bidders or bidders to provide different information about the project;
(B) set the qualifications, skills, business conditions and project specific characteristics and not adapted to real needs or has nothing to do with the performance of the contract;
(C) the project subject to tender according to law in a particular administrative areas or specific sectors of performance and awards as a condition of plus or the winning bidder;
(Iv) potential bidders or bidders taking different qualifications or assessment standards;
(V) determines or specifies a particular patent, trademark, brand, country of origin or supplier;
(F) the project subject to tender according to law illegal qualified potential bidder or the bidder's form of ownership or organization;
(VII) other unreasonable conditions, exclude potential tenderers or bidders.
Chapter III tenders
35th have a stake with the tenderer which may affect the fairness of bid legal person, other organization or individual, shall participate in the bidding.
Unit headed by the same person or different units with holding, relationship management, shall participate in the same section of bids or the same tender bidding is not divided into sections.
Construction of the bidder and the bid section Designer, supervising person, agent or a procuratorial Agency shall not be for the same legal representative who, holding each other or equity participation or legal representative office, working with each other.
Breach of the provisions of the tender shall be void. 36th a bidder in accordance with the requirements of the tender documents is composed of two or more legal persons or other organizations to form a consortium to jointly submit a bidder. State regulations or provisions of the tender documents qualifications for bidders, each party to the consortium shall meet the prescribed qualifications, qualifications assessment specified in case of the agreement based on the Division of labour.
Units of the same profession form a consortium, according to level of qualification in lower unit to determine qualification levels. Joint bidding agreement shall be signed between the consortium members, a clear lead, as well as the responsibilities, rights and obligations of the parties, and protocols together with the applications for prequalification documents, tenders should be submitted to the tenderer. Consortium signed a consortium agreement, not in its own name alone or take part in other consortia bid in the same 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 tenderer may not compel bidders to form a consortium for joint bids. 37th bidder for merger, Division, bankruptcy and other major changes have taken place, it shall promptly inform the tenderer in writing.
Bidders no longer meets the prequalification documents, tender documents prescribed qualification or affect impartiality, its bid was invalid. Accept the Consortium bid and pre-qualification of the tenderer, consortia should be submitted before the application for prequalification.
Prequalification of members of the Consortium after deletion, replacement, its bid was invalid. Article 38th prequalification documents or files as required after the service, stated in the prequalification documents, solicitation documents before the deadline, the tenderer should allow potential bidding or prequalification of the bidders have to submit documents, tender documents and to withdraw or add, modify.
Potential bidders or bidders if you need to withdraw or supplemented, modified prequalification documents, tender documents, should be submitted in a formal letter to the tenderer and accounted for.
Modified prequalification documents communications, tender documents are part of the prequalification documents, tender documents, in the form required, seal, served time, and these measures shall apply to the relevant provisions of the tender documents.
39th tenderer receives applications for prequalification documents and files, should faithfully record time served and sealed, signed for saving, may not open.
Prequalification documents, tender documents, one of the following circumstances, the tenderer should be rejected:
(A) late delivery;
(B) is not delivered to a designated location;
(C) is not required by the prequalification documents, solicitation documents sealed.
Tenderer prequalification documents, to reject the tender document shall faithfully record time served and refused, and signed the record archive.
40th bidder withdrew before the deadline for submission of the tender in tender, the Tenderer shall from the date of receipt of the written notification of withdrawal of bidders in the 5th return receipt of the bid.
Bidders after bid closing of withdrawal of tender documents, the tenderer may not refund the deposit. There are special circumstances need to extend the bid validity period, the tenderer in writing notify all bidders to extend the bid validity period.
Bidders agree to extend shall extend the validity of its bid, but shall not be required or allowed to modify its tender documents; bidders refused to extend, failure of their bid, bidders have the right to withdraw the bid documents, and receive the bid security.
41st prohibited bidders colluded tender, tenders and bidders bid-rigging, to bid in the name of others, as well as other acts of deception, standard implementation of People's Republic of China bidding regulations for the implementation of the relevant provisions of the law.
The fourth chapter bid opening, bid evaluation and calibration
42nd Tenderer shall, in accordance with the tender documents provided for in the time and place bids.
Bidders with less than 3 may not bid, the tenderer should be re-tendered.
Article 43rd tenders organized and chaired by the tender or the tender agent. Bid opening shall be carried out in accordance with the procedure established in the tender documents, tender opening process should be recorded, tendering, bidding Agency, bidder, participate in the opening of representative unit of the notarization and supervision bodies should be signed, and archived for future reference.
Opening record should include the name of the bidder, bid, bidding, duration, seal and determines the rest of the tender documents.
Disagrees with the bidder to bid opening shall be raised in the opening scene, tender or the tender agent should respond and produce records. 44th tenderer bids, inviting all the bidder's legal representative or its authorized representatives attend.
Bidders did not attend the opening, be recognized as opening record, raise any objections after the bid opening results are invalid.
Article 45th established according to law by the tenderer's bid evaluation Committee. Water transport construction projects subject to tender according to law, members of the bid Committee by the tenderer representatives and experts in relevant technical, economic and other aspects, and there are more than five persons in the singular, where technical, economic and other experts in the field may not be less than the total number of members of the two-thirds.
Representative of the Tenderer shall have the relevant professional knowledge and project management experience. With bidders interested persons shall not enter the bid evaluation Committee. No unit or individual shall not express or imply that any way specified or disguised experts designated to participate in the bid evaluation Committee members.
Administrative supervision departments staff may not serve as members of the bid assessment committee responsible for monitoring projects in this sector.
Department of transportation has specific responsibility for supervision and management of water transport engineering construction projects, evaluation experts from the Ministry of transport and water transport engineering and traffic support system integrated evaluation expert pool of randomly selected, other water transport engineering construction project bidding evaluation experts from the provincial transport authorities to establish evaluation experts or other legally established the comprehensive evaluation experts of randomly. Before the Evaluation Committee members in a bid to determine the list shall be kept confidential.
After the end of the bid, the Tenderer shall, in accordance with the requirements of transport authorities in time evaluation expert ability to discharge their duties were evaluated. 46th tenderer has a base price, should be disclosed at the time of bid opening.
Bid only as a reference for evaluation, condition may be approaching base price as the winning bidder in tender offers, nor to bid over base price plus or minus range as a condition to reject bids.
47th tenders to the bid Committee shall be required to provide evaluation information and data, and depending on the project size and technical complexity of determining reasonable evaluation time; if necessary, description of tender documents relating to the bid Committee, but shall not express or imply its favoring or excluding a particular bidder. During the process of evaluation, Evaluation Committee members for disqualification exists, health and other reasons not to bid, or absent without leave, should be replaced immediately. Been replaced by members of the bid Assessment Committee of review conclusions invalid, anew by the replacement of the evaluation expert review.
Has formed a bid evaluation reports, should be amended accordingly.
48th under any of the following circumstances, the bid Committee should reject the bid:
(A) the seal of the tender document tender documents is not required by the legal representative or his signature by an agent authorized in writing;
(B) the bidding consortium failed to submit joint bidding agreement;
(C) is not in accordance with the bid invitation documents require the submission of a bid bond;
(D) letter of tender form that is not in accordance with the provisions of the tender documents, incomplete key illegible or indecipherable;
(E) the bidder does not meet the qualifications or the tender documents provided by the State;
(F) the bidder's name or organization structure and pre-qualification is inconsistent and does not provide a valid certificate;
(G) the bidders to submit two or more copies of the tender documents, or for the same project in the same tender document has two or more offers, and which is not declared as a final offer, but except for the tender documents required to submit alternative proposals;
(VIII) bid-rigging, bribes means making bid or tender on behalf of others or other forms of fraud;
(IX) offers significantly lower costs or higher than the ceilings set out in the tender documents;
(10) without a legitimate reason to not follow the bid evaluation Committee request for tender documents and clarify or explain;
(11) does not respond to the substantive requirements and conditions for tender documents;
(12) the tender document specified that the void in other circumstances. Substantially responsive bid invitation documents require the 49th article of bid documents, but the existence of ambiguous content, clear text or calculation errors, the bid Assessment Committee shall not be arbitrarily rejected bid, the bid Committee deems it necessary to make the necessary clarification, description of the proponent, shall be notified in writing to the bidders.
Clarification, description of the bidder should be in writing, and may not go beyond the scope of the tender documents or change the substantive content of the bidding documents.
Bid Assessment Committee may not suggest or induction of bidder clarification, description, shall accept any bidders offered clarifications, notes.
50th review the bid Committee, believes that they fail to meet the requirements of the tender documents, or rejected after failed bids, due to lack of effective bidding 3 makes the apparent lack of competitive bid, it may reject all bids.
All bids are rejected, the Tenderer shall tender according to law.
51st the bid Committee should follow fair and the principle of Justice, science, and standards and methods in accordance with the provisions of the tender documents, the tender documents are reviewed and compared.
Tender documents does not require the assessment standards and methods, and not as a basis for evaluation.
52nd article according to this approach 24th article, and 26th article, and 27th article, and 42nd article, and 50th article provides again for has qualification pre or tender, again appeared has need again qualification pre or again tender of case one of of, by written report traffic transport competent sector Hou, tender people can no longer tender, and can through and has submitted qualification pre application file or bid file of potential bid people for negotiations determine bid people, will negotiations situation written report traffic transport competent sector record.
53rd one winning bidder shall satisfy the following conditions:
(A) best meets the evaluation criteria prescribed in the bidding documents;
(B) to meet the substantive requirements of the tender documents, and review bids the lowest price, but except for bid price below cost. 54th after you complete the evaluation of the bid Committee, shall submit a written evaluation report to the tenderer and recommend the successful candidate.
The successful candidate should not exceed three, sorted and so marked. Evaluation report signed by all members of the bid Assessment Committee. Evaluation conclusions dissenting members of the bid Assessment Committee may, in writing, their views and reasons, evaluation reports should indicate the different views.
Members of the bid Assessment Committee refused to bid to sign on without writing its views and reasons, as agreed with the evaluation conclusions, the bid Committee and records should be made in writing.
55th bid assessment report should include the following:
(A) list of the Evaluation Committee members;
(B) the conformity assessment of tender documents;
(C) reject the bids;
(D) evaluation standards, list of bidding or bid evaluation factors;
(E) review the bid price or score list;
(F) the review sort of bidders;
(G) the recommended list of winning candidates and issues need to be addressed before signing the contract;
(H) clarification, description, summary of the correction.
56th project subject to tender according to law, the Tenderer shall receive a written evaluation report within 3rd day of publicity the successful candidate in accordance with the relevant provisions, public notice period of not less than 3rd. Bidders or any other interested person objects to the evaluation results, should be raised during the successful candidate announcement.
Tenderer shall from the date of receipt of the objection within the 3rd responded before making a reply shall suspend the bidding and tendering activities. No objection, objection during the 57th public does not hold treatment found no problems, no complaints or complaints, from the Evaluation Committee recommended Tenderer shall determine the winning bidder in a successful candidate.
Objection or complaint finding problem should be corrected in a timely manner.
State-owned funds accounted for holding or playing a leading role in water transport engineering construction project, the Tenderer shall determine the successful candidate ranked first as the winning bidder.
First-ranked successful candidate to abandon bid, due to force majeure cannot fulfill the contract, in accordance with the tender documents required to submit a performance bond, or verified violations affecting the bidding result, where the winning conditions are not met, the tenderer can bid Committee list of winning candidates in order to determine the successful candidate for the winning bidder can also re-bid.
Article 58th after the winning bidder is determined, the Tenderer shall be sent to the winning bidder the winning bidder notices in a timely manner, and at the same time inform all unsuccessful bidders the winning results. 59th tenderer and the winning bidder shall bid in the 30th from the date the notice is issued, in accordance with the tender document tender documents and the winning bidder to conclude a written contract, the subject of the contract, price, quality, performance, and other major terms should be linked to content of the bidding documents bidding documents and the winning bidder.
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 in accordance with the requirements of the tender documents submitted.
10% of the performance bonds shall not exceed the bid amount.
The Tenderer shall, after signing the contract in writing at the latest within 5th to the winning bidder and unsuccessful bidders refund security deposit and interest on bank deposits.
60th successful candidate business, financial status changed or there are violations, the tenderer believes may affect its ability to perform shall, before issuing the notification by the original Evaluation Committee in accordance with the provisions of the tender documents standards and methods reviewed to confirm.
61st Tenderer shall determine the winning bidder within 15th of, specifically responsible for the supervision and administration of the project bidding activity transportation authorities submit a written report on the bidding.
Bidding the written report on the main elements include: basic situation of project bidding, bidders bid sign in table, opening records, lists of monitors and assessment standards and methods, the Evaluation Committee scores table and matrix, the bid Assessment Committee recommended successful candidates, the winning bidder, signed by the bid Committee's bid report, bid result announcement, complaint handling, and so on. 62nd a winning bidder shall perform obligations in accordance with the contract and complete the winning project.
Winning bidder may not transfer the winning project to another person, nor may the winning project dismembered after the transfer to others. Winning bidder in accordance with the contract or consent of the tenderer, can be part of the winning project non-subject, the critical work subcontracted to others.
Accepting the subcontracts shall have corresponding qualifications and may not again.
Winning bidder subcontracting should be accountable to the tenderer, accepting the subcontracts subcontracting bear joint and several liability.
The fifth chapter and handling complaints 63rd bidder or any other interested person thinks the tendering and bidding activities does not meet the laws, administrative regulations, he may know or should have known that within 10th of complaints to the Transportation Department.
Complaints should be clear of requests and the necessary documents.
The article 25th, 28th, 43rd, 56th regulations complaint, objection should be made to the tenderer, objection not calculated during a reply within the time limit prescribed in the preceding paragraph.
64th a complainant in the same tender to two or more transport complaints to the competent authority, by specific responsibility for the supervision and management of project tendering activities transport authorities are responsible for processing.
Transport Department within 3 business days from the date of receipt of the complaint to decide whether to accept complaints, and complaints in writing within 30 working days from the date of decision; needs inspection, testing and verification, expert evaluation, excluding the time required.
Complainant fabrications, false materials or illegally obtained material complaints, transportation departments should be rejected. 65th transportation authorities to deal with complaints, right to read and copy relevant documents and information, to investigate the situation, and shall cooperate with related units and personnel.
If necessary, the transport authorities to suspend the bidding and tendering activities of the project.
Transport authorities in supervision and inspection staff aware of State secrets, business secrets, it shall be kept confidential.
The sixth chapter legal liability
66th disobey article Nineth, water transport construction projects failed to meet the relevant approval, approval procedures of the bidding activity, by the Department of transportation ordered corrective action and fines of between 30,000 yuan.
16th 67th in violation of these measures provides that tendering and bidding on their own who do not have their own tender conditions, by the Department of transportation ordered corrective action and shall be fined a maximum of 20,000 yuan.
Article 21st 68th in violation of these measures, preparation of prequalification documents and solicitation documents, fail to use the development and reform of the State Council in conjunction with the relevant departments for administrative supervision standards text or standard text issued by the Ministry of transport, by the Department of transportation ordered corrective action and shall be fined a maximum of 5,000 yuan.
69th transportation departments shall, in accordance with the People's Republic of China bidding law and the People's Republic of China implementation of the tendering and bidding law and other provisions of the Ordinance, for water violations in construction project tendering and bidding activities for processing.
70th transportation departments should establish and perfect the credit system of water transport engineering construction project tendering and tender, tender agent, tenders should be people, Evaluation Committee members and other violations committed by the parties and shall be published.
The seventh chapter by-laws
71st international financial organizations or foreign government loans, aid project bidding, lender, provider of funds to the tender conditions and procedure of special requirements may apply to their requirements, but except as prejudicial to the public interest.
72nd international mechanical and electrical products of water transport engineering construction project tendering and bidding activities, in accordance with the relevant State regulations.
73rd traffic support system construction project tendering and bidding activities in accordance with the measures implemented. 74th article this approach since February 1, 2013 up purposes, water engineering construction tender bid management approach (Ministry makes 2000 4th,), and water engineering construction supervision tender bid management approach (Ministry makes 2002 3rd,), and water engineering survey design tender bid management approach (Ministry makes 2003 4th,), and water engineering electromechanical equipment tender bid management approach (Ministry makes 2004 9th,) while abolition.
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