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Construction Supervision Of Highway Engineering Tendering And Bidding Management

Original Language Title: 公路工程施工监理招标投标管理办法

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(May 25, 2006 the Ministry promulgated as of July 1, 2006, 2006 5th) Chapter I General provisions article specification for highway engineering construction supervision on tender and bid activities to ensure highway engineering quality, maintain the tendering and bidding activities the legitimate rights and interests of the parties, according to the highway code and the tendering and bidding law, these measures are formulated.
    Second highway engineering construction supervision projects subject to tender according to law, tender and bid activities shall abide by these measures.
    Construction supervision of highway engineering in these measures, including roadbed and pavement (including traffic safety facilities) engineering, bridge engineering, tunnelling, the electrical and mechanical services, environmental protection project construction supervision and construction safety and environmental protection in the process of supervision.
    Article biddings of highway engineering construction supervision shall follow the openness, fairness, impartiality and good faith principles.
    Fourth Ministry is responsible for the national supervision and management of the highway construction supervision on tender and bid activities.
    Local transportation departments of people's Governments at or above the county level shall be responsible for the administrative supervision and management of the highway construction supervision on tender and bid activities.
    Transportation Department may authorize their respective quality supervision institutions responsible for supervision and management of construction supervision on tender and bid activities.
    Fifth transportation departments should strengthen highway construction supervision on tender and bid activities supervision and control over the whole process.
    Transportation departments shall, in accordance with article sixth of the construction project tendering and bidding activities complaint handling rules and relevant regulations of the State, the establishment of a just and efficient tendering and complaint handling mechanism.
    Any unit or individual that biddings of highway engineering construction supervision activities in violation of the law, regulations, rules, has the right to appeal to the tenderer or proceed with complaints to the Transportation Department.
    Article seventh transportation departments should gradually establish the highway construction supervision enterprise credit archives system and personnel.
    Credit file should include highway construction supervision enterprises and the basic situation, the performance of administrative punishment record.
    Eighth chapter bidding in accordance with this approach to tendering of construction supervision of the highway project, subject to the following conditions: (a) shall perform the formalities of examination and approval of preliminary design document has been approved, (ii) funds for construction have already been implemented, and (iii) the project legal person or institution of project management have been established by law.
    Nineth highway construction supervision of the tenderer, shall be in accordance with this approach provided construction supervision of Highway Engineering bidding projects, tendering for highway engineering project legal person or any other organization.
    Tenth tendering and construction supervision of highway project as a whole can be used as a tender, or according to different professions, different phase of tenders tenders.
    Tendering and tendering of construction supervision in the people section, partitioning should be considered beneficial to the project to implement effective management and supervision of enterprise investment and other factors.
    11th construction supervision of Highway Engineering bidding is divided into an open bidding and inviting tenders.
    12th road construction supervision should be tender.
    Meet following conditions one of of project, by has approval right of sector approved Hou, can for invited tender: (a) technology complex or has special requirements of; (ii) meet conditions of potential bid people number limited of; (three) by natural geographical environment limit of; (four) public tender of costs and engineering supervision costs compared, by accounted for proportion had big of; (five) legal, and regulations provides should not be public tender of.
    Article 13th open tender, the Tenderer shall be designated in the State media published a tender notice in accordance with law, and can be provided by the Transportation Department on media synchronization publication. 14th Tenderer shall tender for construction supervision of highway engineering qualification review of potential bidders.
    Eligibility there are pre-qualification and qualification. Prequalification is the tenderer in the tender notice after the release, before issuing the invitation to tender for the potential bidder's qualifications, reputation and capacity to review.
    Tender only issued to prequalified bidders bidding invitation and sale of tender documents.
    Post-qualification are tender once the bidder's bid documents are received, review of the bidder's qualifications, reputation and capacity.
    15th qualifying method is divided into mandatory criteria review and comprehensive scoring Review Act.
    Mandatory law only refers to the tenderer to the bidder or prospective bidder qualifications meets the provisions of the tender documents, tender review, credit requirements for the mandatory conditions, and concluded that "pass" or "fail" the conclusions of the review, not the bidder or prospective bidder qualification eligibility for specific quantitative methods.
    Comprehensive review law refers to the bidder or potential bidder's qualifications meet the tender document provisions minimum qualifications, credit requirements on the basis of tender bidders or potential bidders for construction supervision skills, management skills, performance and construction supervision for quantifying method for screening qualification score and score. 16th construction supervision for Highway Engineering bidding should be conducted in accordance with the following procedures: (a) determine the tender of the tenderer.
    By invitation to tender, shall perform the examination and approval procedures.
    (B) the tenderer the preparation of tender documents, and according to local traffic departments at and above the county level administrative permissions using pre-qualification, preparation of prequalification documents simultaneously, shall be stated in the prequalification document submission of prequalification documents of the time and place. (C) issue a tender announcement.
    Uses prequalification and be available at the prequalification documents by invitation to tender, the tenderer directly issued invitations to bid, sale of tender documents.
    (D) the pre-qualification, qualification review of potential bidders and will inform all prequalification for the pre-qualification of potential bidders, issued to prequalified bidders bidding invitation and sale of tender documents.
    (E) if necessary, organizing bidders bidding project investigated the scene, meeting held.
    (Vi) acceptance of tender people tender documents.
    (VII) public bid openings.
    (VIII) use of post-qualification, the tenderer to qualify the bidders.
    (I) the tender form bid Assessment Committee recommended the successful candidate.
    (J) determine the winning bidder, evaluation reports and evaluating results according to local traffic departments at or above the county level administrative rights and publicity.
    (11) tender bid notices issued.
    (12) the tenderer and the winning bidder signed the highway engineering construction supervision contracts.
    Secondary Highway, independent, small bridges, and a separate, shorter tunnel construction, reconstruction and maintenance of the overhaul project, according to specific conditions and practical needs of the procedure is simplified, but it should be consistent with the provisions of the tendering and bidding law.
    17th tenderer based on construction supervision of tendering should be the characteristics of the project and the need for the preparation of tender documents, tender documents shall conform to the Ministry of traffic, construction supervision of highway project calls for the mandatory implementation of provisions of the code.
    II level and the II level above highway, and independent bridge and the King Bridge, and independent tunnel and the specialist tunnel of new, and alterations and conservation overhaul engineering project, its subject engineering of construction supervision tender file, should using Ministry issued of highway engineering construction supervision tender file model, subsidiary facilities engineering and the other grade of highway project of construction supervision tender file, can reference Ministry issued of highway engineering construction supervision tender file model for prepared, and can appropriate simplified. 18th article tender file should including following main content: (a) bid invited book; (ii) bid notes (including engineering profile and necessary of engineering design drawings, submitted bid file of start time, and locations and way, opening of time and locations,); (three) qualification review requirements and the qualification review file format (applies Yu used qualification Hou trial way of); (four) highway engineering construction supervision contract terms; (five) tender project applies of standard, and specification, and procedures; (six) on bid supervision enterprise of business capacity, and Qualification grade and the traffic and office facilities of requirements; (seven) according to tender object is total supervision institutions also is resident supervision institutions, proposed on bid people input site of supervision personnel, and supervision equipment of minimum requirements; (eight) whether accept Consortium bid; (nine) levels supervision institutions of duties Division; (10) bid file format, including business file format, and technology proposal format, and financial proposal format,; (11) assessment standard standard and approach.
    Bid evaluation criteria should be given to the bidder's performance or punish credit factors such as records, assessment methods should focus on the quality of personnel and technical solutions.
    19th a tenderer for key supervision of quantity, qualifications and alternative requirements shall be in conformity with the provisions of the specification for highway engineering construction supervision. 20th tenderer bidders are required to submit a bid security, the bidder shall be submitted in the required amount and form.
    Amount of tender security shall not exceed 50,000 yuan.
    21st a tenderer shall not be set out in the tender documents of restrictive conditions hinder or exclude bidders shall not require to get the award in the region, such as requirements for the bid plus or the winning conditions.
    22nd article tender announcement, and bid invited book should contains Ming following content: (a) tender people of name and address; (ii) tender project of name, and technology standard, and scale, and investment situation, and duration, and implementation locations and time; (three) gets tender file or qualification pre file of approach, and time and locations; (four) tender people on bid people or potential bid people of qualification requirements; (five) tender people think should announcement or told of other matters.
    23rd the prequalification documents and the release date of the tender document shall not be less than 5 business days. 24th Tenderer shall reasonably determine prequalification of bidders to prepare application documents and tender documents of the time.

    Prequalification of tenders, potential bidder prequalification documents produced, from the date of sale at the prequalification documents and the submission of prequalification documents due date, shall be not less than 14th.
    Bidders the time of preparation of the tender documents, available for sale at the date of tender documents and submit tender documents due date shall not be less than 20th. 25th tendering and bidding documents make up the suicide note of a person should at least be informed in writing and prior to the bid closing date of 15th to all bidders or potential bidders.
    Make up the suicide note should be added to the tender documents for the record department record.
    26th a tenderer shall, according to the cost of determining reasonable price of prequalification documents and solicitation documents.
    Chapter 27th bid bidder is legally obtained construction supervision of highway engineering supervision Enterprise qualification issued by the Transportation Department, responds to a tender and participates in bid competition project management enterprises. 28th bidding allows management companies to the Consortium bid, the consortium shall meet the following requirements: (a) supervision of consortia can be two or more companies, each party to the consortium shall have to undertake the project capacity and qualifications specified in tender documents. By the same consortium of professional management companies, determined according to the qualification level enterprises with lower level of qualification, (ii) each party to the consortium shall enter into a joint bidding agreement, engagement parties intend to take on the work and responsibility and joint bidding agreement together with the bid documents submitted to the tenderer.
    Consortium signed a joint bidding agreement, only in his capacity as a bidder to bid may not be for the same section in their name on a separate bid or take part in other Consortium bid.
    Article 29th of bidder shall, in accordance with the tendering documents for the preparation of bid documents, and respond to substantive requirements and conditions for tender documents. Article 30th using these measures techniques scoring reasonably priced and comprehensive evaluation method of project, tender document made up of business documents, technical proposals, the financial proposals. Business documents and technical proposals should be sealed in an envelope, sealed financial proposals in a different envelope.
    These two envelopes shall be sealed in the same envelope, a copy of the tender document. Using the method of fixed price items as provided herein, tender document made up of business documents, technical proposals.
    Business documents and technical proposals should be sealed in an envelope, a copy of the tender document.
    Tender documents and any letter should the proponent sealed bid documents within any text pages is subject to the legal representative or its authorized agent to sign.
    The fourth chapter bid opening, evaluation and winning 31st opening hosted by the tenderer, invited all the bidder's legal representative or its authorized agents to participate in.
    The Transportation Department bid opening process should be monitored.
    Article 32nd 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, opened the business in public documents and technical proposals the envelope, read out the names of bidders and the main supervisor and so on. Financial proposal envelopes in the tender documents at the time of bid opening shall not be opened, kept by the transportation authority.
    Evaluation Committee to complete the bidder's business documents and technical proposals assessment, under the supervision of the Transportation Department, opened by the bid Committee involved in the scoring of the bidder's financial proposal envelopes.
    Article 33rd bid opening process should be documented and archived for future reference.
    Article 34th less than three bidders, the tenderer should be re-tendered. 35th tenderer has a base price, bid price complies with the relevant regulations. Base price should be considered project characteristics, requires supervision personnel, equipped with the devices, and other factors.
    Bidding should be published at the time of bid opening.
    Tender without base price of bidding and not fixed price scoring method, the tenderer may set a lower limit for bidding within the limits prescribed.
    Article 36th bid established according to law by the tenderer's bid Committee.
    National and key road construction projects, traffic, Evaluation Committee of experts should be randomly selected from the database set up by the Ministry of supervision, or under the authority of Ministry of supervision established by the provincial departments of transportation experts randomly; other highway construction projects evaluation Committee of experts from the provincial departments of transportation supervision established by experts in a random drawing. 37th Bid Committee shall be determined in accordance with tender documents evaluation standards and methods, the tender documents are reviewed and compared.
    Bid evaluation criteria and methods that are not included in the tender documents, not as a basis for evaluation.
    38th bid can use fixed price scoring method, techniques scoring reasonably priced, comprehensive evaluation method of bid evaluation as well as other laws and regulations allow.
    Fixed price scoring method, is defined by the Tenderer shall be determined in accordance with the price control of supervision bidding section of the open price, business documents and technical proposals of the bidders scores and scores from high to low, method to determine the highest score for the successful candidate.
    Techniques scoring reasonably priced method, refers to the bidder's business documents and technical proposal score and scores from high to low, determined before scoring two in the way to bid a lower price for the successful candidate. Comprehensive evaluation method, refer to the bidder's business documents and technical proposals, the financial proposals for grading, sorting, method to determine the highest score for the successful candidate.
    Scoring weight of which financial proposals should be no more than 10%.
    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.
    The Evaluation Committee members and staff participating in the bid shall not privately contacts bidders shall not be accepting bribes from businesses.
    40th after you complete the evaluation of the bid Committee, shall submit a written evaluation report to the tenderer.
    Evaluation reports should include the following: (a) Evaluation Committee membership list (ii) opening records; (c) compliant bidders; (iv) evaluation standards, assessment methods; (e) sort of bidders; (vi) recommending the successful candidate and (VII) other things to note.
    41st tenderer after the winning bidder is determined, should be sent to the winning bidder the winning bidder notices in a timely manner, and at the bidding result is made known to all bidders. 42nd the tenderer and the winning bidder shall bid conclude a written contract in the 30th from the date the notice is issued.
    The tenderer and the winning bidder shall not be raised bidding documents and bidding documents of any other condition. Tender documents require the winning bidder to submit performance guarantee, the winning bidder should be submitted in the required amount, time and form.
    Deposit form, 5% of the amount shall not exceed the contract price.
    43rd tenderer should be with the winning bidder within 5 working days after signing the contract, to the winning bidder and unsuccessful bidders return bid.
    The fifth chapter legal liability article 44th in violation of these regulations, by the Department of transport in accordance with their respective functions and powers in accordance with the tendering and bidding law and relevant regulations and rules and the approaches to punishment.
    45th article tender people has following case one of of, traffic competent sector ordered its deadline corrected, according to plot can at 30,000 yuan following of fine: (a) public tender of project not in national specified of media released tender announcement of; (ii) should public tender and not public tender of; (three) not has tender conditions and for tender of; (four) qualification pre file and the tender file sold time, and potential bid people submitted qualification pre application file of time, and bid people submitted bid file of time less than provides time of;
    (E) outside the specified time limits receive prequalification documents and files.
    46th article assessment standard process in the has following case one of of, assessment standard invalid, should law again for assessment standard: (a) using tender file no determine of assessment standard standard and method assessment standard of; (ii) assessment standard standard and method contains tendencies or exclusion bid people of content, hamper or limit bid people Zhijian competition, and effect assessment standard results of; (three) should avoided served as assessment standard Committee members of personnel participation assessment standard of; (four) assessment standard Committee of formed and the personnel composition not meet statutory requirements of. 47th article assessment standard Committee members and the participate in assessment standard of about staff received bid people of commercial bribery, 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 of property, can and at 3,000 yuan above 50,000 yuan following of fine, on assessment standard Committee members, as has above violations behavior, is canceled its served as assessment standard Committee members of qualification, shall not again participate in any law must for tender of project of assessment standard
    Constitutes a crime, criminal responsibility shall be investigated according to law.
    48th transportation departments and staff of his quality supervision institutions violating these rules, supervision of tendering and bidding activities in the supervision and administration of malpractices for personal gain, accepting commercial bribes, abuse of authority or neglect their duties, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    Sixth chapter supplementary articles article 49th international financial organizations or foreign government loans, funding of highway projects, lender or financial provider for construction supervision of tendering for specific conditions and provisions of the program, you can apply its provisions, it must not violate the People's Republic of China public interest. 50th article of the rules take effect on July 1, 2006.
                                                                                                      Released on December 28, 1998, traffic, of the methods for Administration for biddings of highway engineering construction supervision (1998, traffic, 9th) repealed simultaneously.