Road passenger transport routes to operate tender approach

    (July 22, 2008 Transportation Department report 2008 of 8th, come into force on January 1, 2009) Chapter I General provisions

    First class specification for road passenger transport line right to tender and bid activities, fair allocation of road passenger transport line resources, guiding road passenger transport operators to improve the level of transport safety and the quality of service, protection of the public interest and bid the legitimate rights and interests of the parties, in accordance with the People's Republic of China bidding law and the People's Republic of China Road transport regulations and related provisions, these measures are formulated.

    Second these measures shall apply to tendering and bidding for road passenger transport routes (including fixed-line tourist class passenger line) right to license activities. This approach by said road passenger transport class line right tender bid (following referred to passenger class line tender bid), is refers to road transport management institutions in not implemented class line right paid using or had price of premise Xia, through public tender, on participate in bid of road passenger transport operators (following referred to passenger operators) of quality reputation situation, and enterprise scale, and capacity structure and business the passenger class line of security guarantees measures, and service quality commitment, and operation programme, factors for integrated evaluation,

    Optimize the passenger line operator's license.

    Third class passenger line bidding shall follow the openness, fairness, impartiality and good faith principles.

    Fourth State encourages the right to operate passenger routes are configured through public bidding.

    Fifth national passenger transportation class, head of transportation line bidding work.

    People's Governments above the county level transportation departments in charge of organization and leadership of the bidding work of the regional passenger routes.

    Road transport authorities above county level shall be responsible for the implementation of passenger transportation class line bidding work.

    Chapter II tenders

    Sixth road transport authorities above the county level in accordance with the People's Republic of China Road transportation license rights under the regulations, on the following ferry routes operate license can take the form of bidding, tendering for and organized as the tenderer:

    (A) in determining whether prior to the licensee, and passenger routes have more than 3 of the same article the applicant;

    (B) under the road transport development plans and market demand, road transport authority decided to open trunk passenger routes, or the original trunk passenger lines, put in new capacity;

    (C) in accordance with bilateral or multilateral agreements the Government opened the international road passenger transport routes;

    (D) existing passenger lines operating period expires, the original operator fails to meet continuing qualification conditions and need to be licensed.

    Seventh tenderer can be more passenger routes to operate as a tender for bidding.

    Tendering for eighth passenger line it should be by open tender, the tender notice and tender results should be announced to the public. Nineth relevant provincial road transport authorities negotiated the implementation of interprovincial passenger line bidding can take joint bid, bid separately for. A province without bidding, does not affect the implementation of tendering and bidding, another province.

    In accordance with the regulations for operators of bidding determines, road transport management authorities shall grant approval, and according to the provisions of the relevant procedures.

    A joint bid, lines ending with provincial administration of road transportation agencies bidding for the common people, by both parties to carry out the tender.

    Tenth through public bidding way licenses the right to operate passenger routes operated for a period of 4 years to 8 years, the new development of the right to operate passenger routes operated for a period of 6 years to 8 years, specific period determined by the tenderer.

    Article 11th OK to bid for administrative licensing of passenger routes, before the bid did not begin, applicant, licensing authority shall inform the applicant of the passenger line will be bidding for the license, and completed within a 6-month bidding work. 12th a tenderer bidding agency may choose to have the statutory requirements and authorize it to carry out the tender.

    Throughout the road transport association can accept the bid inviting party delegates, specific commitment related to the bidding work. Capacity of the tenderer, can carry out the tender.

    No unit or person may compel it to authorize a procuratorial Agency to carry out the tender. 13th to determine the tender way the implementation of administrative licensing of passenger routes, designated by the Tenderer shall, in its newspaper, Internet and other media published a tender notice.

    Tender notice should include the following:

    (A) the name, address and contact information of the tenderer;

    (B) tenders, requirements and operating period;

    (C) the bidder number;

    (D) the qualifications of bidders;

    (V) the manner, place and deadline for application of such requirements;

    (F) the required materials and application requirements;

    (G) other matters need to be announced.

    Required by the tender notice requirements application materials should include the provisions of article 24th of this approach.

    14th Tenderer shall, in accordance with the relevant provisions of the characteristics and need to prepare the tender documents and tender, the tender documents shall include the following information:

    (A) the instructions to bidders;

    (B) tenders, requirements and operating period;

    (C) the bidder number;

    (D) the content of the bidding documents and preparation requirements; (E) the participation of bidders in the tender materials required for and request.

    Required material should include the road passenger transport and terminal management requirements of the feasibility report, the stop programme, transport service quality commitments;

    (Vi) are copies of the tender documents are required as well as submission requirements, manner, place and deadline;

    (G) the payment of a performance bond requirement and disposal methods;

    (H) the time and place of the opening;

    (I) the criteria;

    (10) the bid contract;

    (11) it should be noted.

    15th a tenderer shall not be in breach of the road passenger transport and terminal management provisions of the regulations, improve, increases or reduces, reducing conditions the bidder, or geographic restrictions imposed on bidders.

    The tenderer may not limit competition between bidders, may compel bidders to form a consortium for joint bids. 16th passenger line bidding score total score is 200 points, including standard front with 80 points and bid evaluation score of 120 points. Before bidding criteria see annex.

    Evaluation should include security measures, vehicle terminal and yard facilities, operation, management, service, commitment, quality of service guarantees and other content, specific score items and scoring settings set by the provincial administration of road transportation in accordance with the following criteria:

    (A) to lead passenger operators to strengthen management and standardized operation;

    (B) to guide operators of passenger transport safety, service level and social responsibility;

    (C) conducive to the lead passenger operators of energy conservation and emission reduction;

    (Iv) conducive to the lead passenger operators to improve vehicle technology and equipment level;

    (E) promote large-scale, intensive management and company management.

    17th Tenderer shall determine the 10th time as a bidder registration time, since the bidding date of announcement until the deadline. 18th tenderer should be based on material submitted by the bidder application to review the qualifications of the bidders.

    Which have the license required by the tender conditions, the sale of tender documents.

    19th Tenderer shall determine when the 30th as bidders the time needed for preparation of the tender documents, tender documents for the period between the date of sale as tender documents submitted by the bidders as of the date.

    20th in the tender document delivered after the deadline for submission of bid documents bid documents, tenders shall be rejected.

    21st passenger line costs incurred in tendering should be incorporated into the operation normal work plan at different levels.

    Chapter III tenders

    22nd bidder is responsive, and participates in bid competition already have or wish to apply for tender requirements the scope of road passenger transport of citizens, legal persons or other organizations. 23rd where two or more legal persons or other organizations may form a consortium, in its capacity as a bidder to bid.

    Each party to the consortium shall comply with the conditions prescribed by article 22nd and not independent or to fund other forms of consortium to bid on the same project.

    Each party to the consortium shall enter into a joint bidding agreement, engagement parties intend to take on the work and responsibility, whether explicitly in after winning the joint establishment of new operational entities and joint bidding agreement together with the bid documents submitted to the tenderer.

    24th a bidder shall within the period specified in the tender notice tender applications, requested in the tender notice and submit the following materials: (A) prequalification materials: including the road passenger transport and Terminal regulations requested addition to feasibility studies, the station programme, transport service quality commitments other than to apply for passenger class line licensed material.

    Do not have tenders required range of road passenger transport undertakings, should apply to both, the relevant application materials should be submitted.

    (B) the assessment material before: including passenger transport of the past two years, enterprise reputation for quality assessment, the number of private passenger car, the number of high-end passenger cars and related supporting materials.

    The tenderer have accurate bidder above the situation and can no longer require bidders to submit appropriate materials. 25th pre-qualified bidders to purchase the tender documents, preparation of tender documents shall be in accordance with the requirements of the tender documents. Tender documents and related materials, signed by the legal representative of the tenderer and affix its seal, seal, and in the solicitation documents before the deadline for the submission of bid documents, bidding documents to the designated location. After receiving the bid documents of the Tenderer shall sign saved.

    Person and may not before the bid opening.

    Original and copy the contents of the tender documents should be consistent.
Consortium to tender tender documents and related materials by the parties jointly signed by the legal representative and stamped with a seal.

    Is preparing to set up an operating entity of the applicant's tender documents and related materials, signed by the head of planning, do not need to affix its seal. 26th a bidder in the process of preparation of the tender documents, if the doubts as to the content of the tender documents, you can receive bids within 10th of interpreting requirements the tenderer in writing. Tender after the study of all questions raised by the bidders, at least 15th the deadline for submission of the tender documents, in writing, to make the necessary clarification or modification, to all bidders.

    To clarify or modify content as part of the tender documents, and the tender document shall have the same effect.

    27th article in time before the deadline for submission of the tender, bidders can bid documents which had been submitted to amend, supplement or withdraw the bid file, and notify the tenderer. Contents of the amendment and supplement as part of the tender documents.

    Modify, Supplement shall be before the deadline for submission of bid documents submitted to the tenderer in accordance with article 25th. 28th a bidder shall not collude or conspire with the tenderer bids shall not exclude other bidders a fair competition.

    Not to bid on behalf of others or by any other means of deception, defrauding bidding.

    29th to the deadline for submission of bid documents, bidder for more than 3, bids and bid according to these rules; bidders less than 3, the tenderer to reorganize the tenders or in accordance with the relevant provisions of the license.

    Fourth chapter bid opening, bid and bid Article 30th provincial administration of road transportation agency passenger transportation class line bidding evaluation experts should be established, published and periodically review experts.

    Review experts shall meet one of the following conditions:

    (A) the Transportation Department, the road transport authorities at all levels engaged in passenger and freight transport, finance, security, technology management staff of over 5 years and have a college education;

    (B) road transport enterprises, universities, research institutions and road transport in intermediary organizations in the field of road transport management, finance, security, technology or research work for more than 8 years, and have the appropriate professional or senior persons of a similar professional standards. 31st Tenderer shall appoint 1 representative of the tenderer before the bid opening and evaluation experts randomly a number of review experts for bid evaluation Committee, Evaluation Committee members for 5 or more should be in the singular. Before judges in a bid to determine the list that should be kept confidential.

    Judges and bidders interested, shall enter the bid Committee have been entered should be replaced.

    Article 32nd road transport authorities of two or more provincial joint bid, the bid Committee by the provincial administration of road transportation institutions are drawn from a database of reviews of review experts, each province number of reviewers by interested parties agree, send 1 representative of the tenderer for each province should be, but the total number of representatives shall not exceed the total number of judges of the tenderer's one-third.

    33rd tenderer has been made shall, before opening the tender document tender evaluation which will provide material to verify and complete evaluation before. Article 34th bids shall be opened the deadline for submission of bid documents identified in the tender documents at the same time open to the public.

    Bid opening locations should be predetermined locations in the tender documents.

    35th opening hosted by the tenderer, and invited all the bidder's legal representatives (in charge of the preparation) or its authorized agents to participate in.

    Article 36th when opened, by the bidders or their elected representatives check the sealing of all bids, also can be used by the delegates of the notarial examination and notarization; after it has been confirmed, opened on the spot by the staff all tender documents, and read out the names of bidders and the main content of the bidding documents.

    Bid opening process should be documented and archived for future reference. 37th after bid opening, bid the tender evaluation Committee should be organized. Evaluation must be carried out under conditions of strict confidentiality, any unit and individual is prohibited unlawful interference, influence the bid evaluation process and results.

    The evaluation process shall comply with the following requirements:

    (A) tender places must have conditions of confidentiality;

    (B) only allow judges, the tenderer designated staff members to attend;

    (C) all persons shall not carry communication tools to participate in the bid;

    (D) the tender place for the computer that does not have a telephone and Internet access.

    Article 38th in bid and bid evaluation process, any of the following circumstances shall be found to be void:

    (A) the substantive requirements of the tender documents do not meet the requirements of the tender documents, or unable to bid for lack of relevant content;

    (B) the tender documents is not required by the provisions of the tender documents properly signed and stamped;

    (C) the unacceptable conditions attached to the tenderer the tender documents;

    (D) the content of the bidding documents and related material are not valid;

    (V), copy the contents of the tender documents, and impact evaluation.

    After eliminating waste, the bidder for more than 3, to continue bidding work; bidders less than 3, to reorganize the bid of the tenderer or, in accordance with the relevant provisions of the license.

    39th bid evaluation Committee shall be accounted for according to the following procedures:

    (A) review of tender documents and related materials, and the question is not clear;

    (B) the tender or the tender agent institution in accordance with the judges question requiring bidders in the tender documents did not clearly make the necessary clarification and instructions, but clarification and information shall not exceed the bid documents the scope of or change in the substantive content of the bidding documents;

    (C) finds that the existence of void; (D) the judges in accordance with the tendering documents determining scoring criteria and methods, objective and impartial evaluation of the bidder's bid, and review all the comments to take personal responsibility.

    If the bid project made up of more than two passenger routes, were determined after evaluation of each passenger line, take line evaluation of the arithmetic mean of all passenger classes for bidders in the tender bid;

    (E) the judges to review the tender points which will assess confirmation; (Vi) evaluation points for the evaluation of the judges removed after one of the highest and the lowest points and take the arithmetic mean as the final bidders in the tender bid.

    Before the final bid plus minutes, as the bidder's bid evaluation score; (VII) in accordance with the principles of evaluation scores from high to low recommended the successful candidate and the substitute candidate winning bidders. Substitute the successful candidate for more than one, should make it clear the bench order.

    Evaluation score equal points and influence the results of the evaluation to determine when, by the judges vote to determine the successful candidate, substitute the successful candidate;

    (H) issue a written evaluation report and signed by all judges, submitted the bid inviting party.

    40th article tender people, and tender agent institutions of staff and judges shall not privately contact bid people, shall not received bid people of property or other benefits, in opening Qian shall not to others revealed bid people submitted of qualification pre material of about content, in any when shall not revealed on bid file of review and compared views, and bid candidates of recommended situation and assessment standard of other situation, is strictly prohibited occurred any may effect just assessment standard of behavior. The tenderer or supervisory departments found that the bid Committee during the bid process when there are acts of injustice, challenge to the bid Committee, and Evaluation Committee should be interpreted.

    Investigations there is injustice, organized by the tenderer prior bid evaluation committee evaluation and determine the winning bidder.

    41st Tenderer shall be submitted according to the bid Committee and a written evaluation report and recommendations to determine the winning bidder and substitute the winning bidder.

    After the winning bidder is determined, the tenderer should be sent to the winning bidder the winning bidder notice on 7th, and written notice to substitute the winning bidder and the bid results to other bidders.

    42nd tenderer and the winning bidder shall bid in the 30th from the date the notice is issued, signed the bid contract and in accordance with the relevant provisions of licensing procedures.

    43rd clause of the contract shall not be for tender documents and the winning bidder promised a substantive change, and should serve as the winning bidder's line of road passenger transport operations annex to the decision on the administrative license.

    Liability for breach of the terms of the bid contract not with the People's Republic of China regulations on road transport is definitely contrary to the corresponding penalties. 44th bid invitation documents require the winning bidder to pay a performance bond or submit the performance guarantee issued by the Bank, the winning bidder should be paid or entered the winning bidder of the contract at the same time submitted.

    Because the winning bidder reason fails to sign the bid contract or not by requiring payment of a performance bond, a performance bond, considered giving up the winning bidder qualification, which qualification achieved by alternate bidder (reserve bid more than human, by order substitute bench and after), and according to the provisions of the relevant procedures.

    The tenderer to the winning bidder the performance bond shall not be charged more than the winning bidder's investment vehicle purchase price of 3%, and the winning bidder pay a performance bond (no performance guarantee) after reach 300,000 yuan, if winning again right to the other ferry routes, no longer to the tenderer to pay a performance bond. Article 45th consortium consisting of two or more legal persons or other organizations bid but not the creation of new business entities, each party to the consortium shall jointly bid contract with the tenderer, the winning project bid assume joint and several liability.

    Contracts should be based on the bid of the tenderer for a consortium to handle business class line of road passenger transport respectively administrative licensing procedures, and issuing licenses.

    46th when a winning bidder in the tender tender the required scope of road passenger transport, road transport management should be handled in accordance with the relevant provisions of the passenger business licensing procedures.

    47th bid winning bidder may not transfer the right to operate passenger routes, you can bid for right to operate passenger routes authorized its subsidiaries to operate, but shall not delegate its child company.
48th winning bidder registration is not successful passenger routes start or finish line, branch registered in cities above the county level at the starting point should be to operate, registration transportation management agencies should be handled in accordance with the relevant provisions of the relevant registration.

    49th winning bidder shall bid by winning scheme put into operation within the time frame stipulated in the contract.

    The fifth chapter supervisor and check 50th tendering process should consciously accept the bidders, supervision departments, transportation authorities, the superior road transport authority and social supervision.

    Transportation authorities and superior road transport authority found the tendering and bidding activities being carried out serious violations of relevant laws and administrative regulations and these regulations, shall order the aborted bid of the tenderer.

    51st tender, bid Committee judges, tender staff, bidding Agency, bidders have violations, should be in accordance with the People's Republic of China Law on bidding regulations for processing. 52nd bidder has any of the following acts, tender invalid; has bid, the bid invalid and bidding qualification achieved by alternate bidder.

    Losses caused to a tender or other bidders, the violator shall bear liability.

    (A) fraud in the bidding process;

    (B) judges collude with the tender or bid Committee, or collusive bidding scheme agreed in advance to a specific bid;

    (C) to the tenderer or member of the bid Committee bribery or other improper benefits. Article 53rd bidders on the submission of bid documents bid documents submitted after the deadline without a legitimate reason to abandon the bid, in the year of assessment when passenger service quality credit rating, once for every 30 points from the score.

    If bidders bidding on offsite, where the Tenderer shall inform the bidder of road transport authority.

    54th tenderer and the winning bidder should be based on accepted contract signed by both parties to fulfil their respective rights and obligations. Tenderer shall fulfilled their commitments to the winning bidder for regular or irregular checks found the winning bidder does not comply with the service quality commitments, irregular operation or there is a significant safety hazard, should require the winning bidder to carry out rectification.

    Rectification is not qualified, according to the bid of the tenderer of the contract can deduct a corresponding amount is deducted from the performance bond, until recovery of the ferry routes, or the right to operate passenger vehicles.

    55th road transport authority on performance bond paid by the winning bidder should deposit accounts, it shall not be diverted.

    Road transport authority rests on the successful contract performance bonds from the deduction of the corresponding amount of liquidated damages shall be managed in accordance with the relevant provisions of the financial administration. Road transport authority in accordance with the contract performance bonds from the winning bidder after the deduction of penalty, the successful tenderer shall be the tenderer to pay within the stipulated time.

    Fails to pay the highway transportation administration can be handled according to the accepted contract.

    After the contract is fulfilled, road transport management body should be performance bonds to repay the remaining bidder.

    56th road transport management body shall, in accordance with the relevant State laws and administrative rules and regulations to the winning bidder in an operating period of offences punishable by administrative penalties.

    The sixth chapter supplementary articles

    57th these measures come into force on January 1, 2009.

Annex: road passenger transport routes the right bidding before bidding-standard
┌────┬────────────┬──┬──────────────────┐
│        │        考核项目        │分值│              记分标准              │
│        ├────────────┼──┼──────────────────┤
│ │ │ │ AAA such as annual passenger on reputation for quality-grade, get full marks; AA-level, 14 points; a, │
│ │ │ Level 20 │ 7; b-class, not points; established yet comments │  ││││ 10 points for quality credit rating company of the year.
│
│        ├────────────┼──┼──────────────────┤
│ │ Passenger last year enterprise quality │ │ AAA grade, get full marks; AA-level, 14 points; a, │
│ │ │ │ 20 Fitch prior 7; b-class, not points; for established assessment not │    │ (80) │││ quality credit rating company of the year with 10 points.
│
│        ├────────────┼──┼──────────────────┤
││││ Licensing conditions require higher private passenger car │
│ │ Size │ 20 │ quantity per 1 car 0.1 points higher, not exceed │                              │        │                        │    │20分。
│
│        ├────────────┼──┼──────────────────┤
││││ Proportion of high-end passenger cars owned passenger car for │ │ │ │ 20 capacity │ 1%, 0.2 points.
On this basis, a 1% increase in │               │        │                        │    │，加0.2分，依次类推。
│

└────┴────────────┴──┴──────────────────┘

    Note:

    1. composed of two or more legal persons or other organizations Consortium bid but not the creation of new business entities, bidder's corporate quality credit rating, vehicle passenger size, capacity calculated by the joint lowest of all.

    2. in front of the evaluation points, if the enterprise passenger service quality credit rating work for the last year has not been completed, passenger should follow the two years prior to last year's enterprise-quality credit rating before you bid.

    3. bidders when not engaged in road passenger transportation management prior to the bid, by 30 points before.

    4. passenger car means enterprises total number of enterprises registered passenger car at the end of the year, including passenger buses, passenger Charter bus, tourist bus, but do not include taxi, renting buses and public buses. 5. the capacity of private buses and retains its high proportion of passenger cars to single digits, single digits after rounding.