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Jiangxi Province Key Construction Project Tendering And Management Methods

Original Language Title: 江西省重点建设项目招标投标管理办法

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Means of tender management for priority-building projects in the Province of Southern West

(Summit No. 72 of 29 October 2012 of the People's Government of Southern West Province to consider the publication of the Government Order No. 201 of 20 November 2012, effective 1 January 2013)

Contents

Chapter I General

Chapter II

Chapter III

Chapter IV

Chapter V Objection, complaint and treatment

Chapter VI Legal responsibility

Chapter VII

Chapter I General

Article 1 provides for the regulation of tendering activities for provincial priorities, the protection of the legitimate rights and interests of the State's interests, the public interest and the parties to the solicitation activities, the enhancement of investment benefits, the quality of the project, and the formulation of this approach in line with the provisions of the Law on tenders of the People's Republic of China, the application of tenders law of the People's Republic of China, and the implementation of the provisions of relevant legislation, legislation and regulations, such as the bidding law of the People's Republic of China.

Article 2

Article 3. This approach refers to provincial priority-building projects, approved by the Government of the Provincial People, which have a significant impact on the economic and social development of all provincial nationals.

Article IV The Provincial Focus Engineering Office (hereinafter referred to as the Provincial Focus Office) will work with the relevant administrative authorities in the management and direction of the provincial priority-building project tendering, with the following functions:

(i) To follow up on the laws, regulations, regulations and policies for tendering;

(ii) Develop specific regulatory provisions for the preparation of tenders for provincial priority construction projects;

(iii) Supervision of activities such as tendering and opening tendering, evaluation and tendering for provincial priority construction projects by law;

(iv) To receive and address complaints concerning the solicitation activities of the provincial priority construction project;

(v) Other responsibilities under the Ministry of the People's Government.

The financial sector should monitor the use of financial funds related to tendering projects in accordance with the law.

The inspectorate is governed by law with respect to the subject of inspection relating to tendering activities.

The relevant administrative authorities shall, within the framework of their statutory responsibilities, work on the oversight of tenders for construction projects.

Article 5 encourages the use of e-information networks to make electronic tenders to advance the standardization of tender networks for provincial priority-building projects.

Chapter II

Article 6. The provincial priority-building projects shall be subject to the following conditions:

(i) Designation of tenders for general contractors for construction. A feasibility study has been approved for the implementation of the project approval process, which has been approved or submitted, with the necessary basic information.

(ii) Survey, design of tenders. A feasibility study has been approved for the implementation of the project approval process, which is subject to the approval or documentation of the project, which has been approved or submitted, and the required survey design base information is available.

(iii) Practitional solicitation. A feasibility study has been approved for the implementation of the project approval process, which has been approved or submitted.

(iv) Construction solicitation. Preliminary designs and estimates have been approved for the implementation of the project approval process, approval or documentation, and the required design charts and technical information.

(v) A tender for goods relating to construction. Preliminary designs and budget estimates have been approved for the implementation of the project approval or documentation process, which has been approved or submitted, and the use and technical requirements of the goods have been made.

The solicitation for other services related to construction of the work is carried out by the solicitor in accordance with the terms of the paragraph in this article.

Article 7. Provincial priorities for tendering must be carried out in accordance with the law and shall be open for tendering; however, one of the following cases may be invited to solicitation, with the approval of the Government of the province:

(i) Technical complexity, special requirements or natural environmental limitations, with only a small number of potential bidders being able to choose;

(ii) The cost of using open tendering means represents a high percentage of the project contract;

(iii) In relation to national security, national secret or risk-recovery, appropriate solicitation but not open tendering;

(iv) Laws, regulations stipulate that open tenders are not appropriate.

Specific approvals for solicitation are undertaken by the provincial focus.

Article 8 needs to be implemented with provincial priorities for the project approval process, with one of the following cases, subject to approval under Article 7 of this scheme, which may not be subject to tendering:

(i) In relation to national security, national secret or risk-recovery, without appropriate tendering;

(ii) The use of poverty-reduction funds to carry out work-for-work for farmers;

(iii) There is a need for the application of irreplaceable patents or technologies;

(iv) The procurementr is able to build, produce or provide, by law;

(v) Those who are selected through tendering are able to build, produce or provide in accordance with the law;

(vi) The procurement of works, goods or services to the original marker would otherwise affect construction or functional requirements;

(vii) Other special circumstances specified by the State.

Provincial priority-building projects that do not require the implementation of the project approval process, with one of the pre-conditional provisions, may decide not to make tenders, but should be communicated in writing to provincial priorities.

Article 9. The solicitationer has the capacity to prepare solicitation documents and to organize the evaluation of tenders.

Provincial priorities for tendering must be undertaken in accordance with the law, and the bidder shall be presented to the provincial focus office and the relevant administrative authorities.

Article 10 The solicitation agent does not have the conditions for the organization of the solicitation and shall entrust the solicitation agent with the corresponding qualifications.

The approval of tendering encourages the selection of solicitation agents through competition.

Article 11. Provincial priorities for tendering must be carried out by law and the solicitation programme shall be developed by the solicitation programme, including the conditions already available for the solicitation organization, the form of solicitation, the terms of tendering, the manner of tendering, the manner of the solicitation, the eligibility review process, etc., and the post-partial post-parture case for the relevant administrative authorities.

Article 12 The solicitor shall conduct a review of the qualifications of potential bidders or bidders, which shall be divided into prequalification and post-qualification proceedings.

Where there is no specific requirement for technology, performance standards or bidders, investment scale-building projects with a focus of two thousand dollars should be reviewed after qualifications, and investment scales are focused on construction projects in more than two thousand yen provinces, with the option of self-selection by the solicitor.

The eligibility review for potential bidders or bidders in Article 13 includes, inter alia, the following:

(i) The right to enter into contracts independently;

(ii) Whether there is capacity to perform contracts, including professional, technical qualifications and capacity, financial, equipment and other material facilities, management capacity, experience, credibility and corresponding practitioners;

(iii) Status of trust in the past three years;

(iv) Is there any problems of deception and serious default and quality of major works in recent years;

(v) Other eligibility conditions under the law, regulations.

Article 14. Provincial priorities for public solicitation projects, which shall be subject to a prequalification review of potential bidders through prequalification, shall issue prequalification announcements, prepare prequalification documents, solicitation documents, and apply post-qualification reviews to the bidder, and shall issue a notice of solicitation and prepare solicitation documents.

Article 15 Prequalification announcements for priority construction projects, prequalification documents, solicitation announcements, solicitation documents, etc., shall be subject to the consent of the relevant administrative authorities and to the provincial priorities.

Article 16 Ecssential technologies, sex-quality standards or bidders' special requirements for technology and sexuality should be adopted. The pre-qualified pre-qual applicants for tenders are subject to a limited number of systems, but the number of prequalifications cannot be less than 15.

The bidder shall reproduce the solicitation in accordance with the law by the applicant who is less than three or less than three of the applicants obtaining prequalification documents during the sale of the prequalification documents.

Article 17 The solicitor shall issue the solicitation documents in accordance with the time specified in the solicitation notice or the invitation to tender.

The potential bidder obtaining the solicitation documents in the sale of the solicitation documents is less than three, or the potential bidders that have submitted tender securities at the request of the solicitation documents are less than three, and the bidder shall reproduce the tender in accordance with the law.

Article 18 presents a letter from the prequalification applicant or a potential bidder, a letter of authorization from the statutory representative and an effective identity certificate of eligibility for prequalification documents, solicitation documents.

No unit or individual may limit the eligibility of a pre-qualified applicant or potential bidder to obtain prequalification documents, solicitation documents in accordance with the law.

Article 19 The bidder may make an indication of the basic circumstances of the prequalification applicant, the qualifications of the bidder, the related performance, the award.

In the event of prequalification, the bidder conducts an on-site demonstration when prequalification.

In the event of a post-qualification trial, the solicitation was made on-site by the bidder.

Article 20 shall not limit, exclude potential bidders or bidders without reasonable conditions.

Provincial priorities for tendering must be carried out by law, which would require the registration of capital bonds as a condition for the bidder, without requiring registration of capital funds higher than the tendering project estimate.

The total contract price of the construction contract would only provide for the quality of the total contractor; the design of the total contractor tendering would only provide for the design of the qualifications and the quality of the total contractor.

Article 21 shall not terminate the solicitation by issuing prequalification notices, solicitation notices, invitations to tenders or by selling prequalification documents, solicitation documents. It should be communicated in writing to the provincial priorities for the termination of tenders due to the justification.

Chapter III

The bidder shall submit tender documents and related materials in accordance with the time and venue specified in the solicitation documents. The bidder shall document the time and seal of the solicitation documents and file the record.

In one of the following cases, the solicitor shall reject the receipt:

(i) The late delivery;

(ii) No seal shall be required in the solicitation documents;

(iii) Submitted by applicants who are not eligible for prequalification.

Article 23. The bidder shall be informed, in a timely manner, of significant changes such as consolidation, separation and insolvency. The bidder shall no longer be eligible for prequalification documents, the eligibility conditions set forth in the solicitation documents or their tenders affect the fairness of the solicitation, and its tenders are invalid.

The bidder shall be informed in writing of the changes in the bidder and the relevant administrative authorities.

Article 24 does not allow the bidder to enter into a collusion between tenders and the bidder to make tenders in the name of another person or to deceive the tenders in any other way, without, inter alia, threatening, coercion, giving the other bidder to abandon tenders or renunciation of tenders.

The bidder, the solicitation agent shall not deter the submission of tender-related documents by potential bidders, including threats, coercion, reciprocation, compensation, and shall not, for example, threaten, force, give the bidder a waiver of tenders or give the mark to the middle.

Article 25 The applicant submitting the prequalification application documents shall comply with the provisions of the law, legislation and this approach relating to the bidder.

Chapter IV

Article 26 The solicitor shall open the tender in accordance with the time specified in the solicitation documents. All tender documents received before the deadline for tendering will be closed and read out.

The bidder is less than three, and no mark shall be opened; the solicitor shall reproduce the tender.

The second article is governed by the awarding committee established by law by the solicitor. The technical, economic experts in the evaluation board should be determined by the solicitationer in a manner that would be drawn from the pool of experts at the provincial level. Special and professional requirements for technology are particularly complex, or States have special requirements, and experts in the provincial evaluation expert pool cannot meet the evaluation requirements and may be identified directly. Direct identification of bid experts should be informed of provincial priorities in writing.

The bidder shall, under the supervision of the Provincial Focus Office and the personnel on the site of the administrative authority, record the process of extracting and archiving the bidder.

Article 28 Methods of evaluation include an integrated assessment law, a reasonable low price law, a evaluated minimum tender price law or other evaluation methods permitted by law, legislation and regulations.

A proposal for construction projects with a generic technology, a sex-efficient standard or a bidder for a provincial priority-building project with no special requirements for their technology, a reasonable low-cost or evaluated minimum tender price.

Article 29, in one of the following cases, may reject all tenders:

(i) The qualified bidder is less than three;

(ii) All tenders were not substantively responsive to the solicitation documents.

Pursuant to the law, provincial priorities for tendering must be carried out, all tenders were rejected, and the bidder shall return to the tender bonds of all bidders within ten days and reproduce tenders.

After re-exploitation, paragraph 1 still arises, with approval under article 7 of this approach, which may no longer be tendered.

Article 31 shall not include the following acts:

(i) Individuals in private contact with tenderers or who have a stake in the outcome of tendering;

(ii) To know the interest of the bidder without the initiative to avoid it;

(iii) The non-conjudication of the irregularities in the bidder or the rejection of tenders that should be rejected;

(iv) The intention to depress the value of the other bidder to a bidder with a high score;

(v) Disclosure of the evaluation of tender documents to others, the recommendations of the successful candidates and other information relevant to the evaluation;

(vi) Other violations of the relevant laws, regulations, regulations and regulations have made it clear that the evaluation is fair and impartial.

After the completion of the evaluation, the solicitationer shall maintain, under the supervision of the field supervisory staff assigned by the provincial focus office and the relevant administrative authorities, all tenderers' tender documents, the evaluation material, etc., and, in the effective period of the complaint, any unit and individual shall not be allowed to destroy them.

In the event of prequalification, all applicants are eligible for prequalification documents and for review of relevant information, such as the Committee's evaluation material, in accordance with the preceding paragraph.

Upon completion of the evaluation, the CRIC shall submit a written assessment report to the solicitor and a list of candidates for the mark. The successful candidates should not exceed three and be classified.

The bidder shall, after the determination of the marker, issue the notice of the mark to the moderate markers within five days of the date of the identification of the markers, and inform all bidders of the non-exclusive tender in writing of the outcome.

The bidder shall enter into a written contract with the moderate bidder within thirty days of the date of the issuance of the notice of the mark, with the principal provisions of the contract, the price, quality, the duration of implementation, the project manager and the principal technicians, which shall be consistent with the content of the solicitation documents and the tender documents of the marker. The solicitation and the bidder shall not reproduce other agreements that are contrary to the substantive content of the contract.

Article 33 shall submit a written report on the tender to the provincial focus office and the relevant administrative authorities within 15 days of the date of the determination of the marker. The report includes the following:

(i) The scope of tendering, the manner of tendering and the form of solicitation organizations;

(ii) The publication of prequalification announcements, the solicitation announcement and the media showing candidates;

(iii) Accreditation review committee, the composition of the evaluation committee and the reproduction of the evaluation report;

(iv) The results of the review of qualifications, the outcome of the mark;

(v) The notice of the mark;

(vi) Other matters requiring clarification.

Chapter V Objection, complaint and treatment

Article 34 quasi-qualified pre-qualified applicants, potential bidders, tenderers or other stakeholders object to tenders for provincial priority-building projects and have the right to challenge bidders. The bidder shall be treated by law and respond.

The submission and response of the objection should be made in writing.

The prequalification applicant contested the prequalification site and should be submitted within three days of the date of the prequalification site, and the solicitor shall respond within three days of the date of receipt of the objection. Prior to the response, tendering activities should be suspended.

Article 33 fifiers or other stakeholders consider that tendering activities are not in accordance with legal, regulatory, regulatory and regulatory provisions, and that complaints may be brought to the provincial focus within 10 days of the date on which they know or should be known.

The bidder or other stakeholder complaints on matters such as prequalification documents, prequalification on the ground, solicitation documents, opening tenders, evaluation findings should be challenged before the solicitor, and the period of the objection shall not be calculated at the time specified in the preceding paragraph.

The provincial focus should decide on the admissibility of the complaint within five days of the date of receipt of the complaint and be taken in writing with the relevant administrative authorities within thirty days of the date of the receipt of the complaint; the need to test, test, validate, expert evaluation, and the time required to do so.

Article XVI focuses on the treatment of complaints with the relevant administrative authorities, the right to access, replication of relevant documents, information, investigation of the situation, and the relevant units and personnel shall cooperate. Where necessary, provincial priorities or relevant administrative authorities may be responsible for suspending tendering activities.

Chapter VI Legal responsibility

Article 37, in violation of article 18 and article 24 of this approach, provides that one of the following cases is changed by an administrative oversight department responsible and warnings that, depending on the circumstances, the fines of more than three million dollars could be paid to others; and that losses should be compensated by law:

(i) The solicitation, the solicitation agent's limitation on the eligibility of pre-qualified applicants or potential bidders to obtain prequalification documents, solicitation documents in accordance with the law;

(ii) The bidder, the solicitation agent, to block the submission of tender-related documents by potential bidders, including threats, coercion, severance and compensation;

(iii) The bidder, the solicitation agent, for example, by threat, coercion, give the bidder the bid to abandon tenders or give the bidder to abandon the mark;

(iv) The bidder, by threat, coercion, leaves other bidders to abandon tenders or to give the bid to the bidder.

Article 338 The bidder has one of the following acts, and the relevant administrative oversight services have removed the qualifications of tenders for provincial priority-building projects that are required to make tenders in accordance with the law:

(i) Beginning with a bribe;

(ii) Over two consecutive tenders over three years;

(iii) A collusion of tenders undermines the legitimate interests of tenderers, other bidders or States, collectives and citizens, resulting in a direct economic loss of more than 30,000 dollars;

(iv) Other collusions of tenders are serious.

Article 39 presents one of the following acts by the bidder, and the relevant administrative oversight branch removed the qualifications of tenders for provincial priority-building projects that are required to make tenders in accordance with the law for a period of one to three years:

(i) Contrary, adaptive qualifications, certificates of qualifications or other licences to the mark;

(ii) The use of tenders by others over two years;

(iii) Over 30,000 dollars of the direct economic losses incurred by the bidder by a misappropriation;

(iv) Other attempts to deceive the circumstances in which they are exposed.

Article 40

Article 40 should establish a system of credit records for tendering activities for priority construction projects, in which tenders such as tenderers, solicitation agents, bidders, bidders, bidders and bid boards are involved in solicitation activities, in accordance with the legal notice of the solicitation, the solicitation body, the solicitation body, the bidder, the bidder, the bidder and the members of the bid committees, and in the event of decisions.

Chapter VII

Article 42 provides for special provisions on solicitation, tendering and tendering, using the provincial priorities of international financial organizations or foreign government loans.

Provincial focus-building projects in the Excellent or Commercial Control Unit may be implemented in the light of this provision.

Article 43 of this approach is implemented effective 1 January 2013, and the provisional provision for the management of tenders for the construction of construction works in the Province of Giangsi (No. 76 of the Provincial Government Order).