(June 12, 2003, national development and Reform Commission, Ministry of construction, Ministry of railways, Ministry of communications, the Ministry of information industry and the Ministry of water resources, civil aviation administration of China, the State administration of radio, film and television, 2nd release) Chapter I General provisions article to standardize the engineering survey and design of construction project tendering and bidding activities, improve investment efficiency, ensure project quality, in accordance with the People's Republic of China Law on bidding procedures are formulated.
Article in the People's Republic of China territory engineering survey and design of construction project tendering and bidding activities, these measures shall apply.
Article tenders construction project to construction projects in line with the scope and scale standards (State Planning Commission 3rd) provision and standards must be tendered pursuant to these measures.
No unit or individual shall not project subject to tender according to law breaking or in any other way to Dodge tender. Fourth article according to national provides need Government approval of project, has following case one of of, by approved, project of survey design can not for tender: (a) involved national security, and national secret of; (ii) rescue relief of; (three) main process, and technology used specific patent or proprietary technology of; (four) technology complex or professional sex strong, can meet conditions of survey design units less than three home, cannot formed effective competition of; (five) has built project need modified, and expansion or technology,
Design influence the functions supporting the project by other units. Article fifth tender the tenderer is responsible for survey and design.
No unit or individual may illegally interfering in bidding activity in any way.
Sixth article levels development plans, and trade, and construction, and railway, and traffic, and information industry (communications, and electronic), and water, and civil aviation, and broadcasting, sector in accordance with circular of the issued State about sector implementation tender bid activities administrative supervision of duties Division views of notification (State sent 34,) and around provides of duties Division, on engineering construction project survey design tender bid activities implementation supervision, law investigation tender bid activities in the of violations.
Seventh chapter tender a tenderer can be based on different characteristics of engineering construction projects and one-time General of investigation and design bidding can also on the premise of maintaining project integrity, continuity, in accordance with the technical requirements for implementation of segmentation or tender.
Tenderer shall use prescribed in the preceding paragraph will break a project subject to tender according to law, or by any other means to avoid tendering.
Eighth law must bid construction projects, tender the project investigation, design, construction, and important project-related procurement of equipment and materials, general contractor tender.
Nineth article law must for survey design tender of engineering construction project, in tender Shi should has following conditions: (a) according to national about provides need perform project approval procedures of, has perform approval procedures, made approved; (ii) survey design by needed funds has implementation; (three) by required of survey design based information has collection completed; (four) legal regulations provides of other conditions.
Article tenth engineering survey and design of construction project tender is divided into an open bidding and inviting tenders.
All out of State funds or State-owned investment funds accounted for controlled or dominated by construction projects, as well as determined by the State Council development and reform Department of State key projects and people's Governments of provinces, autonomous regions and municipalities identify local key projects, except in accordance with the conditions specified in article 11th and permitted otherwise by law, should be an open tender.
11th article law must for survey design tender of engineering construction project, in following situation Xia can for invited tender: (a) project of technical, and professional sex strong, or environment resources conditions special, meet conditions of potential bid people number limited of; (ii) as used public tender, by needed costs accounted for engineering construction project total investment of proportion had big of; (three) construction conditions by natural factors limit, as used public tender, will effect project implementation timing of.
Tender inviting tenders, should ensure that there are three or more have the capacity to undertake the project survey and design, and has specific legal persons or other organizations to participate in the tender of the appropriate qualification. 12th a tenderer shall be as stipulated in the tender notice or invitation to tender time and place of sale or prequalification documents.
Since the tender documents or prequalification documents from the date of sale to the date of sale, the shortest shall not be less than five working days.
13th pre-qualification tender only to prequalified bidders for sale of tender documents, and at the same time failed to prequalify potential bidders informed the pre-qualification results.
Article 14th all pre-qualified bidders should be allowed to participate in the bidding.
Tenderer is allowed to draw, lottery and other unreasonable conditions restrict or exclude the prequalified bidders take part in the tender.
15th a tenderer shall be according to the project's characteristics and the need for the preparation of tender documents. Survey design tender file should including following content: (a) bid notes; (ii) bid file format and the main contract terms; (three) project manual, including sources situation; (four) survey design range, on survey design progress, and stage and depth requirements; (five) survey design based information; (six) survey design costs paid way, on not bid people whether give compensation and the compensation standard; (seven) bid quotes requirements; (eight) on bid people qualification review of standard; (nine) assessment standard standard and method
And (j) the validity of bids.
Bid validity, validity period is specified in the tender documents, from submitting the tender closing date.
Charges should be limited to compensation for tender documents preparation and printing costs, the tenderer may not seek profits through the sale of tender documents. 16th relating to the tender tenderer is responsible for providing basic information and to ensure the authenticity and integrity of the information provided.
Except those involving State secrets. 17th to potential bidders read solicitation documents raised questions in the site visit, the tenderer will provide a written or held tenders prepared in solution, but at the same time inform all bid documents received will be answered in writing it.
The content of the answers as part of the tender documents.
18th of the tenderer may request bidders to meet the requirements prescribed in the bidding documents bidding documents, submit an alternative tender documents, it should be accounted for in the tender documents, and the corresponding evaluation and comparison of approaches.
19th Tenderer shall identify potential bidder reasonable time needed for preparation of the tender documents.
Investigation and design bidding for projects must be carried out according to law, from the date of tender documents issued to the bidder submitting the tender closing date, minimum of not less than 20th.
Article 20th except for force majeure reasons, tender in the published tender notices or after invitation to tender has been issued shall not terminate the tender, nor sell terminates tender.
Chapter 21st bidder in response to tender bidding, legal persons or other organizations participating in the bidding.
Registered in their country, and foreign companies to participate in bidding in construction, engineering services, must comply with the People's Republic of China concluded or acceded to the international treaties and agreements made in the investigation and design market access market access commitments and related regulations.
The bidder shall meet the qualifications set by the State. 22nd bidder should be in accordance with the requirements of the tender documents preparation tender documents.
Survey and design fees quotation of the bid documents shall be established by the State Council Department in charge of price engineering investigation and design fees.
23rd a bidder in the tender documents for technical programmes and requirements must not be specified and construction projects related to the production of important equipment and materials suppliers, or contain or exclude content for a specific producer or supplier.
Article 24th of tender document required bidders to submit a bid bond, bonds generally does not exceed the amount of investigation and design bidding and 2%, up to a maximum of 100,000 yuan. 25th after the deadline for submission of the tender documents before expiration of the validity of the provisions of the tender documents, bidder may add, modify or withdraw its tender document, otherwise the bid deposit will be forfeited.
Evaluation Committee requested in the tender documents and to make the necessary clarifications or except as noted.
Article 26th bidders in the tender prior to the deadline to submit bid documents, add, modify, or withdraw notification of bids, alternative proposals, documents, and must be stamped with the official seal and signed by its legal representative or authorized representative.
Tenderer to receive such material, should check whether the seal or signature intact, and issued to bidders identify sign and sign for the receipt of time.
27th article in the form of Consortium bid, each party to the consortium shall enter into a joint bidding agreement, together with the bid documents submitted to the tenderer.
Consortium may not be alone in their own name, or join another consortium voted with a mark. 28th consortium won the bid, shall be designated lead person or representative authorized to represent all members of the Consortium signed a contract with the tenderer, responsible for the overall coordination of contract implementation phase.
However, the need to submit to the tenderer by power of attorney signed by the legal representative of all consortium members.
29th a bidder is allowed to bid in the name of others, or the use of forged, transferred, invalid or certificate of qualification to bid on loan, or in any way other units in their preparation of the tender documents signed and sealed on behalf of to the detriment of national interests, public interests and the legitimate rights and interests of the tenderer.
30th a bidder may not be intentionally driving down investments, reducing the technical requirements, reduce the floor area, or shorten the construction period by means of deception, defrauding bidding. Fourth chapter bid opening, bid and bid
31st bids shall be opened the deadline for submission of bid documents identified in the tender documents open at the same time; except for reasons of force majeure, the Tenderer shall not be any reason to delay opening, or refuse opening. 32nd the bid by the bid Committee.
Composition of the Evaluation Committee and requested, in accordance with the People's Republic of China bidding law and the provisional regulations on bid evaluation method and evaluation of the Committee (the State Planning Commission and other seven ministries jointly make 12th) of the relevant provisions. Article 33rd investigation and design bidding evaluation method.
Evaluation Committee shall be determined in accordance with tender documents evaluation standards and methods, combined with the approved project proposal and feasibility study report or stage on the design approval documents, tender performance, reputation and survey designers the ability to design programmes for integrated assessment and investigation.
Standards and methods not provided for in the tender documents, not as a basis for evaluation.
34th bid Assessment Committee may require the bidder to its technical documents necessary for description or presentation, but with a suggestive and leading questions shall be brought, or explicitly pointed out the omissions and errors in the tender documents. 35th in accordance with provisions of the tender documents, allow bidders to investment options, the bid Committee can review the options submitted by the winning bidder, to decide whether to adopt an alternative label.
The alternative label does not meet the conditions for winning bidders will not be considered.
36th article bid file has following situation one of of, should do waste standard processing or was rejected: (a) not by requirements sealed; (ii) not stamped bid people seal, also without statutory representative people or its authorized representative signed; (three) bid quotes not meet national issued of survey design take fee standard, or below cost malignant competition of; (four) not response tender file of substantive requirements and conditions of; (five) to Consortium form bid, not to tender people submitted common bid agreement of. 37th article bid people has following situation one of of, its bid should void standard processing or was rejected: (a) not by tender file requirements provides bid margin; (ii) and other bid people mutual collusion quotes, or and tender people collusion bid of; (three) to others name bid, or to other way fraud; (four) to to tender people or assessment standard Committee members bribe of means seek bid of; (five) consortium through qualification pre Hou in composition Shang occurred changes,
Contains no prequalified or pre-qualification is not a qualified legal person or other organization; (f) tender documents marked in the pre-qualification of bidders and applicants name and organizational structure there is a substantive difference.
38th after the bid Committee completed its evaluation should be written evaluation report to the tenderer and recommend the qualified candidate winning bidders. Evaluation reports shall be in conformity with the Evaluation Committee and 42nd of the provisional regulations on the evaluation methods of the regulations.
However, the Evaluation Committee has decided to reject all bids, reasons shall be detailed in the evaluation report.
39th Evaluation Committee recommended the successful candidate should be limited to one to three people, and marked the sort order.
To meet the evaluation criteria set out in the tender documents of the bidder should be recommended for the successful candidate.
40th using State funds or State-financed construction projects, the Tenderer shall determine the successful candidate ranked first for 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.
41st Tenderer shall, on receiving the bid evaluation Committee and a written evaluation report within 15th according to the Evaluation Committee recommended to determine the winning bidder, or authorize the bid Assessment Committee to directly determine the winning bidder.
42nd 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.
Winning bidder to perform the contract shall abide by the law and the regulations on the management of survey and design of construction engineering survey and design documentation in the implementation of the relevant provisions.
43rd Tenderer shall not be designed to weaken the investigation fees, increased workload, shorten the design cycle are given notice of the bid conditions, nor with the winning bidder to conclude any other agreement that deviated from the substance of the contract. 44th tenderer and the winning bidder within five working days after signing the contract, shall be returned to the winning bidder and the winning bidder once the bid.
Unsuccessful economic compensation provided for in the tender documents shall also be paid within the time limit.
Bid invitation documents require the winning bidder to submit a performance bond, the successful tenderer shall submit; agreed by the winning bidder, you can bid against a performance bond.
45th winning Tenderer shall inform all unsuccessful person within seven working days after each bid documents returned are not the winning bidder.
The tenderer or the winning bidder other than those of the winning bidder in the tender documents the technical programmes, should ask the unsuccessful bidder's written permission, and pay a reasonable fee.
Article 46th bid should be completed before the bid validity end date 30 days, completion, the Tenderer shall notify all bidders to extend the bid validity period.
Bidders agreed to extend the bidding period shall extend the validity period of the tender guarantee, but may not alter the substantive content of the bidding documents. Refusal to extend the bid validity of bidders have the right to withdraw a bid bond.
Compensation granted was not the winning bidder in the tender documents, refused to extend the bidder is entitled to receive compensation.
47th investigation and design bidding for projects must be carried out according to law, the Tenderer shall, in determining the winning bidder within 15th of, submitted to the relevant departments for administrative supervision and tendering a written report on the situation.
Written report General should including following content: (a) tender project basic situation; (ii) bid people situation; (three) assessment standard Committee members list; (four) opening situation; (five) assessment standard standard and method; (six) waste standard situation; (seven) assessment standard Committee recommended of by sort of bid candidates list; (eight) bid results; (nine) not determine ranking first of bid candidates for bid people of reasons; (10) other needed description of problem. 48th article in following situation Xia, tender people should in accordance with this approach again tender: (a) qualification pre qualified of potential bid people insufficient three a of; (ii) in bid as time Qian submitted bid file of bid people less than three a of; (three) all bid are was void standard processing or was rejected of; (four) assessment standard Committee rejected not qualified bid or defined for waste standard Hou, for effective bid insufficient three a makes bid obviously lack competition, assessment standard Committee decided rejected all bid of; (five) according to 46th article provides
Agreed to extend the bid validity period of less than three bidders.
49th tenderer after rebidding, 48th one of these measures, is in accordance with State regulations requiring government approval of the project, subject to the approval of project examination and approval Department can no longer tender; other construction projects, the tenderer may decide not to bid.
Fifth chapter penalty is 50th article law must for survey design tender of project, tender people has following situation one of of, ordered corrected, can and at 10,000 yuan above 30,000 yuan following fine; plot serious of, tender invalid: (a) not has tender conditions and for tender of; (ii) should public tender and not public tender of; (three) should released tender announcement and not released of; (four) is not specified media released law must tender project of tender announcement of; (five) without approved used invited tender way of;
(Six) since tender file or qualification pre file sold of day up to stop sold of day check, time less than five a days of; (seven) since tender file began issued of day up to submitted bid file as of day check, time less than 20th of; (eight) 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.
51st in the form of Consortium bidding, on behalf of the consortium members and with their own separate bids, or participate in other Commonwealth the same subject shall be ordered to correct, may be fined a maximum of 10,000 yuan and 30,000 yuan. 52nd project subject to tender according to law the bidders to bid on behalf of others, using forged, transferred, leased, invalid certificate of qualification to participate in the tender or bid documents on their behalf from other units in their own signature, deception, swindle bid, the bid invalid.
Yet constitute crime of, at bid project amount 5 per thousand above 10 per thousand following of fine, on units directly is responsible for of competent personnel and other directly responsibility personnel at units fine amounts 5% above 10% following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, canceled its one years to three years within participate in law must for tender of project of bid qualification and be announcement, until by business administration organ revoked license.
53rd tenderer by the drawing, lottery and other 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. 54th evaluation process has one of the following conditions, the bid invalid, it shall bid or re-tendered again, and may be fined not more than RMB 30,000 Yuan: (a) used in the tender documents did not provide the assessment standards and methods;
(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 people participation assessment standard of; (four) assessment standard Committee of formed and the personnel composition not meet statutory requirements of; (five) assessment standard Committee and members in assessment standard process in the has violations, and effect assessment standard results of. 55th article following situation belongs to tender people and bid people not according to tender file and bid people of bid file made contract, ordered corrected, can at bid project amount 5 per thousand above 10 per thousand following of fine: (a) tender people to down survey design fee, and increased workload, and shortened survey design cycle, as issued bid notice of conditions; (ii) tender people no due reason not and bid people made contract of; (three) tender people to bid people proposed beyond tender file in the main contract terms of additional conditions,
With this as a precondition for signing the contract; (d) winning bidder without justifiable reason not to sign a contract with the tenderer (v) winning bidder to tender more than the main provisions of the additional conditions in the tender documents, which as a precondition for signing the contract; (vi) winning bidder refuses to submit in accordance with the requirements of a performance bond.
This is due to force majeure, stipulated in the preceding paragraph shall not apply.
56th article of the way the violations and penalties does not so stipulate, under the People's Republic of China bidding law and regulations of the relevant laws and administrative regulations.
The sixth chapter supplementary articles article 57th international organizations or foreign government loans, aid project bidding, lenders, financing of engineering investigation and design bidding and tendering activities of conditions and procedures otherwise provided can apply its provisions, but contrary to People's Republic of China except for the public interest. 58th article this way before publishing the relevant investigation and design bidding provisions inconsistent with these measures, is subject to this approach.
Otherwise prescribed by laws or administrative rules and regulations, from its provisions.
59th article of the approach by the national development and Reform Commission in conjunction with the relevant Department is responsible for the interpretation.
60th these measures shall come into force on August 1, 2003.