(January 18, 2005 national development and Reform Committee, and construction, and railways, and Ministry, and information industry Department, and water, and China Civil Aviation General makes 27th, announced since March 1, 2005 up purposes) first chapter General first article for specification engineering construction project of goods tender bid activities, protection national interests, and social public interests and tender bid activities party of lawful rights and interests of, guarantee engineering quality, improve investment benefits, according to People's Republic of China tender bid method
And the responsibility of the relevant departments of the State Council, these measures are formulated.
Second article this regulation is applicable in the People's Republic of China territory of construction projects subject to tender according to law the cargo tender and bid activities.
Goods referred to in the preceding paragraph refers to the important equipment and materials associated with construction projects.
Article tenders construction project to construction projects in line with the scope and scale standards (formerly State Planning Commission 3rd) provision and standards, must be selected through public bidding the goods suppliers.
No unit or individual shall not project subject to tender according to law breaking or in any other way to Dodge tender. Article fourth construction project goods tender and bid activities shall conform to open, the principles of fairness, impartiality and good faith.
Tendering of goods not subject to restrictions in areas or sectors.
Article fifth goods of engineering construction project tendering and bidding activities, responsible by the tenderer in accordance with law.
Overall contracting of engineering construction project tender for project tender, is not included in the contract within the scope of standard goods reach the national scale, should be legally organized by the construction project tender bidding. Overall contracting of engineering construction project tender for project tender, in the form of provisional estimate included in the contract within the scope of standard goods reach the national scale, should consist of general contract bidder and bidding of construction project tendering common law organizations.
Risk and responsibility of the parties to the contract. Construction project tender or contract the successful bidder can delegate shall obtain the qualification of tendering agencies contract tendering agency business. Tender agent fees and Government guidance prices.
Tendering agent's service costs should be borne by the tenderer; tender, tender agreed by the Agency and bidders, their agreement shall prevail.
Sixth levels of development and reform, construction, railways, transportation, information industry, water conservancy, civil aviation and other departments under the State Council and local people's Governments at various levels on the Division of responsibilities of the administrative supervision of engineering construction project, of goods included in the construction project tendering and bidding activities monitor, investigate and punish violations in the tendering and bidding activities of goods. Seventh chapter bidding construction projects the tenderer is tendering in accordance with law project, legal persons or other organizations carrying out tenders.
Fifth paragraph these measures when general contract bidder to bid, to tender.
Eighth article law must tender of engineering construction project, should has following conditions to for goods tender: (a) tender people has law established; (ii) according to national about provides should perform project approval, and approved or record procedures of, has approval, and approved or record; (three) has corresponding funds or sources has implementation; (four) can proposed goods of using and technology requirements. Nineth of construction projects subject to tender according to law, according to the relevant State provisions on administration of investment project approval, to be submitted to the approval of project examination and approval Department, the Tenderer shall submit a feasibility study report will bid for goods range, tender (tender or invitation to tender), tender form (bidding on their own or to authorize a procuratorial) etc the tender project examination and approval Department for approval.
Project approval departmental approval of the content of the tender should be copied to the relevant departments for administrative supervision.
Enterprise investment projects to apply for government financial funds, bidding in the preceding paragraph by capital identified in the application examination and approval Department shall reply.
Article tenth bid for goods are divided into public bidding and inviting tenders.
11th article state development reform sector determine of national focus construction project and the province, and autonomous regions, and municipalities Government determine of place focus construction project, its goods procurement should public tender; has following case one of of, by approved can for invited tender: (a) goods technology complex or has special requirements, only few several potential bid people can for select of; (ii) involved national security, and national secret or rescue relief, suitable tender but should not be public tender of;
(C) the costs of and quasi public open tender tender compared to the funding, Pyrrhic; (d) the provisions of laws and administrative regulations should not be an open tender.
Invitation to tender of the goods of national key construction projects, approved by the State development and reform local key construction project invitation to tender of the goods shall be approved by the people's Governments of provinces, autonomous regions and municipalities. Article 12th open tender, the Tenderer shall issue a tender announcement.
Tender notice tender for goods required by law, shall be specified in the national press or information published on the Internet.
By inviting tender, the Tenderer shall supply to three more cargo capacity, good credit of the specified legal persons or other organizations to issue invitations to bid.
13th article tender announcement or bid invited book should contains Ming following content: (a) tender people of name and address; (ii) tender goods of name, and number, and technology specifications, and sources; (three) delivery of locations and time; (four) gets tender file or qualification pre file of locations and time; (five) on tender file or qualification pre file charged of costs; (six) submitted qualification pre applications or bid file of locations and as date; (seven) on bid people of qualification requirements. 14th a tenderer shall be as stipulated in the tender notice or invitation to tender time, place, send out the tender documents or the prequalification documents. Since the tender documents or prequalification documents from the date of issue until the date of stop making the shortest shall not be less than five working days.
Tender tender documents of a person or the prequalification documents should be sealed.
Tenderer can publish tender documents through information networks or other media, through information networks or other media of tender documents and the written tender document having the same legal effect, inconsistency in writing bidding documents shall prevail, but the laws, administrative regulations, or except as otherwise provided in the tender documents.
Bidding documents or prequalification documents fees should be reasonable and must not be for profit-making purposes. Except for reasons of force majeure, or pre-qualification documents issued after the tender documents, not be returned; the tenderer in the tender notice is published, the issuance of invitations to bid or issue or prequalification documents without authorization after termination of tender.
Tendering termination is due to reasons of force majeure, bidders have the right to request a refund of tender documents and to recover the cost of purchase of tender documents.
15th tenderer can tender the goods with the characteristics and needs of potential bidders or bidder qualification; laws, administrative regulations on potential bidders or bidder's qualifications have provisions, in accordance with its provisions.
16th article qualification there are pre-qualification and qualification. Prequalification for sale refers to the tenderer the tender documents issued before the invitation to tender or qualifications for potential bidders to review.
Generally applicable to potential bidders to prequalify more or large, technically complex cargo of open tender, and the need to open the selection of potential bidders to bid. Post-qualification, refers to the eligibility of bidders after bid opening.
Post-qualification General an initial assessment in the evaluation process at the beginning. Article 17th of prequalification, the Tenderer shall issue a pre-qualification announcement.
Prequalification notice procedures apply article 12th, 13th provisions relating to tenders.
18th the prequalification documents shall include the following elements: (a) the invitation to prequalify; (b) the guidance notes for applicants (iii) eligibility requirements, (iv) other performance requirements; (e) qualification criteria and methods; (vi) notice of prequalification results.
Article 19th of prequalification, the Tenderer shall be stated in the prequalification documents in detail the qualifying standards and methods; post-qualification, the Tenderer shall be detailed in the tender documents the eligibility review of standards and methods.
At the time of qualification of the tenderer, and shall not be changed or supplemented as set out in the qualification standards and methods or to not specify the qualification criteria and methods for qualifying prospective bidder or bidders. After pre-qualification, the 20th, the Tenderer shall be issued to prequalified bidders prequalified notice, tell the time, place and method for obtaining tender documents, at the same time failed to prequalify potential bidders informed the pre-qualification results.
Prequalified bidders less than three, the Tenderer shall re-apply for pre-qualification.
Post-qualification unqualified bidders, the bid Committee its bid should be set aside.
Article 21st tender documents shall include the following elements: (a) invitation for bids; (b) the instructions to bidders and (iii) tender documents format; (d) the technical specifications, parameters, and other requirements; (e) the assessment standards and methods; (f) the main terms of the contract. Tenderer should be substantive requirements and conditions laid down in the tender documents, does not meet any one of these substantive requirements and conditions of the bid will be rejected, and striking way of marking does not indicate the requirements and conditions at the time of the bid shall not be used as substantive requirements and conditions.
For non-substantive requirements and conditions should provide maximum range, the maximum number of items allowed for deviations, and adjusting deviation method.
Countries to tender cargo technology, standards, quality and special requirements, the Tenderer shall put forward special requirements in the tender documents, and as substantive requirements and conditions. 22nd tender of goods needs to be divided into packets, the tenderer should divide the standard package, standard package delivery is determined, and truthfully stated in the tender document.
23rd a tenderer who allowed the winning bidder to subcontract non-subject goods, should be set out in the tender documents.
Basic equipment or supply contract shall not be required or allowed to subcontract.
In addition to the tender documents required not to change the standards for suppliers of goods, the winning bidder agreed to change the standards of suppliers of the goods by the tenderer, should not be considered as subcontracting and illegal subcontracting. 24th a tenderer may request bidders to meet the requirements prescribed in the bidding documents bidding documents submitted, submit an alternative proposal, but that it should be made in the tender documents.
Alternative proposals are not eligible for winning bidder programme will not be considered.
25th the technical specifications of the tender documents shall conform to the provisions of national technical regulations. The technical specifications are set out in the tender documents shall not be required or marked with a particular patented technology, trademarks, name, design, country of origin, or suppliers, shall not contain any other contents favoring or excluding potential bidders.
If you must refer to a supplier of technical specifications in order to accurately or clearly intends to tender technical specifications of the goods, you should reference the words "or equivalent".
Article 26th tender documents shall clearly stipulate the bid price, at the time all the evaluation factors, as well as the evaluation method.
During the process of evaluation, may not change set out in the tender documents evaluation criteria, methods and the winning condition. 27th tenderer in the tender document required bidders to submit proposals in the name of their security.
Bid security other than cash, can be issued by a bank guarantee, certified check, bank draft or cashier's check, or they can be other legitimate form of security approved by the tenderer. Bid bond shall not exceed the bid price of 2%, but shall not exceed a maximum of 800,000 yuan.
Bid security shall be consistent with the bid validity period the validity period.
Bidder and the amount should be in accordance with the requirements of the tender documents, bid before the deadline for submission of the tender documents submitted to the tender or the tender agent institution.
Bidder does not bid invitation documents require the submission of a bid bond, aside the tender documents. 28th tendering documents should provide an appropriate period, to guarantee the tenderer sufficient time to complete the bid and signed contracts with the winning bidder.
Bid validity from the tender document date on which the deadline for the submission of bid documents. Before the end of the original tender validity period, there are special circumstances, the tenderer may in writing require all bidders to extend the bid validity period.
Bidders agree to extend shall not request or be allowed to modify the substantive content of the bidding documents, but there should be a corresponding extension of the validity period of the bid security; the bidder refuses to extend, failure of their bid, bidders have the right to withdraw its bid.
Agreed to extend the bid validity period of less than three bidders, the tenderer should be re-tendered. Article 29th for potential bidders read solicitation documents on the questions, the Tenderer shall submit written forms, bid preparation or through the electronic network solutions, but at the same time will be answered in writing notify all purchase the tender documents potential bidders.
The content of the answers as part of the tender documents.
In addition to the tender documents clearly requirements, attend the bid preparation are not mandatory, determined solely by the potential bidders, and to bear the risks that may arise. 30th Tenderer shall determine the bidder reasonable time required for preparation of the tender documents.
Goods subject to tender according to law, from the date of tender documents issued to the bidder submitting the tender closing date, minimum of not less than 20th.
31st cannot be precise elaboration of the technical specifications of the goods, can be applied to tender two-stage tendering procedure. In the first phase, the tenderer may first asked potential bidders to submit technical proposals, detailed technical specifications, quality and other characteristics of the goods.
The tenderer and bidders on his proposal for consultation and discussion of the contents, reaching a unified technical specifications preparation of bidding documents.
In the second phase, the Tenderer shall submit to the first phase of the technical proposal bidders to provide official tender documents containing unified technical specifications, bidders, according to the official bidding documents required to submit final tender documents, including the price.
Chapter 32nd bidder in response to tender bidding, legal persons or other organizations participating in the bidding.
For the same person of the legal representative of two or more legal entities, wholly-owned subsidiaries and its parent company, holding company, are not on the same goods tender bids at the same time.
A manufacturer of goods of the same make, same model, only entrust an agent to participate in the tender, or should be set aside. 33rd bidder should be in accordance with the requirements of the tender documents preparation tender documents.
The bid documents shall respond to substantive requirements and conditions for tender documents.
Tender documents shall include the following elements: (a) the letter of tender, (ii) the tender list; (c) detailed description of the technical parameters and (iv) deviation table of business and technology; (v) the bid deposit; (f) the relevant qualification certificates; (VII) other contents requirements of the tender documents.
Bidders cargoes set out according to the tender document, proposed after winning the contract in the main part of subcontracting, shall be set out in the tender documents. Article 34th bidders shall tender prior to the deadline for submission of bid documents, tender document sealed delivery location specified in the tender documents.
The tenderer upon receipt of the tender documents, bidders should be issued indicating the recipient and signed proof of time, prior to the opening of any unit or individual may open bidding documents.
The Tenderer shall not be accepted by telegram, telex, fax and e-mail submission of tender documents and tender of the modified files.
In the tender document served after the deadline for the submission of bid documents bid documents, is not a valid tender, the Tenderer shall refuse, and returned intact to the bidders. Submission of bid documents of less than three bidders, the Tenderer shall tender according to law.
Once the bidding less than three bidders still must tender the construction projects, tenders for the relevant administrative supervision departments can no longer, or two qualified bidders to bid and bid. 35th a bidder in the tender documents before the deadline for the submission of bid documents, you can add, modify, substitute or withdraw the bid documents submitted and inform the tenderer in writing.
Supplement, modify the content as part of the tender documents. Article 36th after the deadline for submission of bid documents, bidder may supplement, amend, substitute or withdraw their bids.
Bidders are added, modified, replace the tender document, the tenderer does not accept; withdrawal of bidders bid documents, the bid bond will be confiscated.
37th tenderer should keep well received tender documents, modify or withdraw notification, alternative bids for tender information and strictly confidential.
Article 38th of two or more legal persons or other organizations may form a consortium to jointly submit a bidder.
Consortium signed a joint bidding agreement shall in their own name, bid again, nor may form or join in the same project, the other Consortium bidding; otherwise set aside to deal with. 39th when the Consortium should be carried out by the tenderer pre-qualification, application to the Tenderer proposes to form a consortium.
Did not submit a complex application, prequalification completed, shall not form a consortium bid.
Bid inviting party may not force the prequalified bidders to form a consortium.
Fourth chapter bid opening, bid assessment and calibration 40th bids shall be established by the tender documents open at the same time of the deadline for submission of the tender; place of bid opening shall be as set out in the tender documents.
Bidder or his authorized representative shall be entitled to attend the bid opening, or you can decide not to participate in the tender.
41st tender documents has any of the following circumstances, the Tenderer shall not accept: (a) late delivery or non-delivery of the designated place; (b) not complying with the tender document sealed. Bid file has following case one of of, by assessment standard Committee trial Hou by waste standard processing: (a) no units sealed and no statutory representative people or statutory representative people authorized of agent signed or sealed of; (ii) no statutory representative people issued of authorized Attorney of; (three) not by provides of format fill in, content not full or key handwriting fuzzy, and cannot identified of; (four) bid people submitted two copies or more copies content different of bid file, or in a copies bid file in the on same tender goods reported has two or multiple quotes,
And not statement which a for eventually quotes of, by tender file provides submitted alternative bid programme of except; (five) bid people name or organization structure and qualification pre Shi inconsistent and not provides effective proved of; (six) bid validity not meet tender file requirements of; (seven) not by tender file requirements submitted bid margin of; (eight) Consortium bid not attached Consortium parties common bid agreement of; (nine) tender file clear provides can waste standard of other case.
Aside the Evaluation Committee bid for all or part of the bid evaluation committee bid set aside other valid bid less than three bids after the apparent lack of competition, has decided to reject all tenders, the tenderer should be re-tendered. 42nd bid Assessment Committee may, in writing, request the bidders in the tender documents and in the ambiguous and inconsistent on similar issues or had a significant text and contents need clarification of the calculation errors, clarifications or corrections.
Evaluation Committee shall not be made to the bidder with the suggestive and leading questions, or clear omissions and errors in the tender documents. Article 43rd tender documents does not respond to the substantive requirements and conditions of the tender documents, bid evaluation Committee should set aside does not allow bidders through amendment or revocation of their differences do not meet the requirements or retention, making it responsive bids.
44th technical simple or technical specification, performance, production process requires the goods, generally uses the evaluated lowest bid price to bid.
Technology is complex or technical specification, performance, production processes require hard goods, generally use the bid evaluation method.
Lowest bid may not be lower than the cost.
Article 45th in line with tender document requirements and bid minimum is recommended as the successful candidate or score the highest bidder, its programme of alternative proposals submitted by Parties may be taken into account. Article 46th Evaluation Committee upon completion of the bid should be writing to the tender evaluation report.
Evaluation report signed by all members of the bid Assessment Committee. 47th written bid, the bid Committee report recommended that the successful candidate should be limited to three, indicating the sort order.
A tenderer shall accept the bid evaluation Committee recommended candidates may not be in addition to the successful candidate evaluation Committee recommended to determine the winning bidder.
Evaluation Committee provided a written evaluation report, the Tenderer shall generally determine the winning bidder in the 15th, but no later than bid determination 30 working days before the expiry date. 48th using State funds or State-financed projects, the Tenderer shall determine the successful candidate ranked first as the winning bidder.
First-ranked successful candidate to abandon bid, proposed to perform a contract due to force majeure, or the tender documents shall submit the performance bond within the prescribed time limit could not be submitted, tenderer ranked successful candidate can be identified as the winning bidder.
Second-ranked successful candidate for the same reasons as prescribed in the preceding paragraph which cannot be contracted, the tenderer will determine the successful candidate ranked third for the winning bidder.
The tenderer may authorize the bid Assessment Committee to directly determine the winning bidder.
Otherwise provided by the State Department to determine the winning bidder, from its provisions.
49th Tenderer shall not be presented to the winning bidder down quotes, add accessories or after-sales service and other beyond the requirements of the tender documents against the winning bidder will, in order to issue bid notices and contract conditions. 50th winning notification to the tenderer and the winning bidder has the force of law.
Bid notices, tender changed the bidding result, or the winning bidder to give up the winning project, shall bear legal liability.
Winning notification issued by the tenderer, or you can delegate its tendering Agency issued. 51st 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 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 or other form of performance guarantees, the successful tenderer shall submit refusal to submit, considered giving up the winning project.
Tender require the winning bidder to provide a performance bond or other form of performance guarantees, the tenderer must at the same time to the winning bidder to provide the guarantee for the payment of goods.
Amount of performance security the General for the successful bidder of the contract price is less than 10%, the tenderer may be supplemented, improved performance bond.
52nd tenderer and the winning bidder within five working days after signing the contract, and shall provide the winning bidder and unsuccessful bidders a one-time refund of bid security. 53rd must approve construction projects, the contract price of the goods should be controlled within the budget approved by the investment scope; absolutely necessary to go out of scope, should the winning bidder before the contract is signed, the original project examination and approval Department for examination and approval.
Actual situation of project examination and approval Department shall, in accordance with the tender, timely decisions to approve or not to approve; project examination and approval Department shall not be approved, the tenderer should balance exceeds its own estimates.
54th goods tender projects must be conducted in accordance with law, the Tenderer shall from the date of the winning bidder is determined in the 15th, submitted to the relevant departments for administrative supervision and tendering a written report on the situation.
Qian paragraph by said written report at least should including following content: (a) tender goods basic situation; (ii) tender way and released tender announcement or qualification pre announcement of media; (three) tender file in the bid people notes, and technology terms, and assessment standard standard and method, and contract main terms, content; (four) assessment standard Committee of composition and assessment standard report; (five) bid results.
Fifth chapter penalty is 55th article tender people or tender agent institutions has following case one of of, about administrative supervision sector ordered its deadline corrected, according to plot can at 30,000 yuan following of fine: (a) not in provides of media released tender announcement of; (ii) not meet provides conditions or is meet conditions and without approved, unauthorized for invited tender or not tender of; (three) law must tender of goods, since tender file began issued of day up to submitted bid file as of day check, less than 20th of;
(Four) should public tender and not public tender of; (five) not has tender conditions and for tender of; (six) should perform approved procedures and not perform of; (seven) not by approval sector approved content for tender of; (eight) in submitted bid file as time Hou received bid file of; (nine) bid people number not meet statutory requirements not again tender of; (10) non-for force majeure reasons, in released tender announcement, and issued bid invited book or sale qualification pre file or tender file Hou terminated tender of.
With one of the cases in the preceding paragraph, and the circumstances are serious, shall tender according to law.
56th tenderer to unreasonable conditions restrict or exclude potential bidders prequalified to bid for potential bidders to discriminate, force bidders are required to form a consortium for joint bids, or restriction of competition between bidders, correction, the fines of between 50,000 yuan and 10,000 yuan.
57th article assessment standard process has following situation one of, and effect assessment standard results of, about administrative supervision sector can at 30,000 yuan following of fine: (a) using tender file no determine of assessment standard standard and method of; (ii) assessment standard standard and method contains tendencies or exclusion bid people of content, hamper or limit bid people Zhijian fair competition; (three) should avoided served as assessment standard Committee members of people participation assessment standard of; (four) assessment standard Committee of formed and the personnel composition not meet statutory requirements of;
(E) Evaluation Committee and its members have in the bid evaluation process illegal, obviously unfair acts.
With one of the cases in the preceding paragraph, they shall bid or re-tendered again.
58th article tender people not by provides term determine bid people of, or bid notice issued Hou, change bid results of, no due reason not and bid people signed contract of, or in signed contract Shi to bid people proposed additional conditions or change contract substantive content of, about administrative supervision sector give warning, ordered corrected, according to plot can at 30,000 yuan following of fine; caused bid people loss of, and should compensation loss.
Bid notice issued Hou, bid people gave up bid project of, no due reason not and tender people signed contract of, in signed contract Shi to tender people proposed additional conditions or change contract substantive content of, or refused to submitted by requirements of performance margin of, tender people can canceled its bid qualification, and confiscated its bid margin; to tender people of loss over bid margin amounts of, bid people should on over part be compensation; no submitted bid margin of, should on tender people of loss bear compensation responsibility.
59th tenderer fails to fulfill contract with the winning bidder should return double the winning bidder of a performance bond; the damage caused to the winning bidder over the return of a performance bond, should also be compensation for the excess; not the submission of performance bonds shall bear liability for losses to the winning bidder.
To perform a contract due to force majeure, stipulated in the preceding paragraph shall not apply.
60th clause void and winning notice issued and contracts signed from the beginning is not legally binding, but does not affect the contract exists independently of the effectiveness of the provisions relating to settlement of disputes.
Sixth chapter supplementary articles article 61st does not belong to the construction project, but goods tender of fixed asset investment activities, in accordance with the measures implemented.
62nd international organizations or foreign government loans, aid project tenders, loans, funds provider tendering and bidding activities for the goods in conditions and the provisions of the program, its provisions can be applied, but contrary to People's Republic of China except for the public interest.
63rd in these measures by the national development and Reform Commission in conjunction with the relevant Department is responsible for the interpretation. 64th these measures shall come into force on March 1, 2005.