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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384510.shtml

Jiangxi province key construction project tendering and management methods

    (October 29, 2012, Jiangxi provincial people's Government, the 72nd General session on November 20, 2012, Jiangxi provincial people's Government promulgated as of January 1, 2013, No. 201) directory

    Chapter I General provisions

    Chapter II tenders

    Chapter III tenders

    Fourth chapter bid opening, bid and bid

    Fifth chapter objections, complaints and treatment

    The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First article for specification province focus construction project tender bid activities, protection national interests, and social public interests and tender bid activities party of lawful rights and interests of, improve investment benefits, guarantee project quality, according to People's Republic of China tender bid method, and People's Republic of China tender bid method implementation Ordinance, and Jiangxi province implementation straddling People's Republic of China tender bid method approach, about legal, and regulations of provides, combined this province actual, developed this approach.

    Article subject to tender according to law within the administrative area of the province the provincial key construction project tendering, supervision and management, application of this approach.

    Third provincial key construction projects in these measures refers to approved by the provincial people's Government, handed down by the provincial development and reform of the province's economic and social development has a significant impact construction projects.

    Article fourth provincial key projects Office (hereinafter referred to as provincial Office) in conjunction with the relevant administrative departments manage and direct provincial key construction project bidding and tendering work, and perform the following duties:

    (A) the implementation of tendering and bidding of the laws, regulations, rules and policies;

    (B) developing specific provisions for the administration of the provincial key construction projects bidding;

    (C) the provincial key construction projects tender agency activities and bid opening, bid assessment, calibration and other activities supervision according to law;

    (D) to receive and address complaints about provincial key construction project tendering and bidding activities;

    (E) other functions stipulated by the people's Government of the province.

    Bidding project of the financial departments shall monitor the use of financial funds involved.

    Supervisory organs and tender and bid activities related to monitoring the implementation of monitoring.

    Competent administrative departments shall, in the context of statutory duties, provincial key construction project tendering and supervision of related work.

    Fifth to encourage the use of electronic information networks for electronic bidding, bid network promoting the construction of key projects.

    Chapter II tenders

    Sixth provincial key construction project tendering, in addition to the Tenderer has established by law, has the necessary funds or sources of funding have been put into effect shall also satisfy the following conditions: (A) design and construction general contractor tender.

    Need to complete the project approval procedures, has approved the feasibility study report, compliance procedures of project approval or for the record, have the approval or for the record; have based the information. (B) surveying, design tenders.

    Need to complete the project approval procedures, has approved the feasibility study report, compliance procedures of project approval or for the record, have the approval or for the record; have survey and design based the information. (C) supervision of bidding.

    Need to complete the project approval procedures, has approved the feasibility study report, compliance procedures of project approval or for the record, have the approval or for the record. (D) the construction bid.

    Need to complete the project approval procedures, had approved the preliminary design and budget and discharge procedures of project approval or for the record, have the approval or for the record; had the necessary design drawings and technical data. (E) goods associated with construction bidding.

    Need to complete the project approval procedures, had approved the preliminary design and budget and discharge procedures of project approval or for the record, have the approval or for the record; have proposed the use of goods and technology requirements.

    And other construction-related services tenders, the tenderer in accordance with the stage of service, reference to the conditions of the preceding paragraph of this article.

    Seventh provincial key construction projects subject to tender according to law, should be an open tender; but one of the following circumstances, approved by the provincial people's Government, you can make the invitation to tender:

    (A) the technical complexity, have special requirements or limited by the natural environment, only a few potential bidders to choose from;

    (B) accounted for by public tender project contract amount is too large;

    (C) relates to national security and State secrets or disaster relief, suitable tender but not open tender;

    (D) the laws, rules and regulations should not be an open tender.

    Specific approval of the invitation to tender, borne by the province.

    Eighth provincial key construction project needs to complete the project approval procedures, any of the following circumstances, approved by the seventh approval provisions of these measures may not be tender:

    (A) relates to national security and State secrets or disaster relief without proper tender;

    (B) belongs to the use of funds to implement food-for-work requires farmers work shots Dr;

    (C) the need to adopt an alternative to patent or proprietary technology;

    (D) the purchaser can legally to build, produce or provide;

    (E) has been selected by tender the franchise investment law on their own construction, production or provision;

    (Vi) require procurement of works, goods or services to the winning bidder, otherwise it will affect construction or functions matching the requirements;

    (VII) other special cases stipulated by the State.

    Do not need to complete the project approval procedures of the provincial key construction projects, of any of the circumstances set forth in the preceding paragraph, you can decide not to bid, but shall notify the provincial Office.

    Nineth tenderer with the capability of preparing tender documents and organizing bid, you can carry out the tender.

    Provincial key construction projects subject to tender according to law, the tenderer to complete the tender, shall be submitted to the provincial Office and the relevant administrative departments.

    Article tenth tender tender conditions who do not have their own organization, shall entrust a qualified bidding Agent proxy bidding.

    To authorize a procuratorial, encourages select bidding agencies through competition.

    11th provincial key construction projects subject to tender according to law, the Tenderer shall formulate the bidding plan, bidding programme includes bidding has met all of the requirements, the tender form, the tender, lot Division, such as tender, eligibility, upon consultation with the relevant administrative departments provincial record.

    12th tenderer to prospective bidders or bidder qualification, eligibility there are pre-qualification and qualification.

    With General technical requirements, performance standards or the Tenderer has no special requirements on technique, performance, investment in key construction projects in the province less than 20 million Yuan shall be in post-qualification; the scale of investment in key construction projects of the province more than 20 million Yuan, by free choice of qualification of the tenderer.

    13th to prospective bidders or bidder's qualifications include the following:

    (A) whether it has an independent right to conclude a contract;

    (B) whether it has the ability to perform the contract, including professional and technical qualifications and capabilities, funds, equipment and other physical facilities, managerial capacity, experience, credibility and knowledge practitioners;

    (C) credit conditions in the past three years;

    (D) whether there is fraud in the last three years the winning bidder and a serious breach and a major quality problems;

    (E) other qualifications prescribed by laws and regulations.

    14th Provincial key construction projects of the open tender, the Tenderer prequalification for eligibility of potential bidders, shall issue a pre-qualification announcement, preparation of prequalification documents, solicitation documents; post-qualification on eligibility of bidders, shall issue a tender announcement, the preparation of tender documents.

    15th provincial key construction projects prequalification notices, prequalification documents, tenders, the tender documents issued in the former, shall obtain the consent of the relevant competent administrative departments, and reported to the provincial Office for the record. Prequalification review 16th passing and limited quantity. With General technical requirements, performance standards or have no special requirements on technique, performance of the tenderer, shall be qualified.

    Tender pre-qualification of applicants more than 15 can be used a limited number, but shall not be less than the number of pre-qualified 15.

    Pre-qualified applicants with fewer than three or the prequalification documents are available for sale at the prequalification documents to the applicant within less than three, the Tenderer shall, invite tenders again.

    Article 17th tender shall, in accordance with the tender notice or the time and place of sale provisions of the invitation to tender the tender documents.

    In the sale period tender documents potential bidders is less than three, or according to the tender document for submission of bid security deposit less than three potential bidders, the Tenderer shall, invite tenders again.

    18th prequalified applicants or potential bidders by letter, the legal representative power of Attorney and principal agent valid identification to obtain the prequalification documents, solicitation documents.

    No unit or individual may limit prequalified applicants or prospective bidder Gets the prequalification documents, solicitation documents according to law.

    19th can take the form of public announcement of the Tenderer prequalification applicants, bidder qualifications, achievements, awards and other basic information.

    To prequalify, the Tenderer prequalification of publicity.

    Post-qualification, tender bids for publicity.

    20th a tenderer shall not be unreasonable conditions, exclusion of potential bidders or bidders.

    Provincial key construction projects subject to tender according to law, qualifications required registered capital as bidders, registered capital of above project shall not be required to estimate price.
Engineering construction contract bidding, qualification only provided a general construction contractor qualification designing construction contract bidding, qualification only provided a design qualifications and qualification of a general contractor.

    21st a tenderer shall not issue a notice of prequalification, tender notices, and sold invitations to bid or prequalification documents, tender documents without authorization after termination of tender.

    Due to justifiable reasons to terminate the tender, shall notify the provincial Office.

    Chapter III tenders 22nd bidder should be in accordance with the provisions of the tender documents of the time and place for the submission of bid documents and related materials.

    Tenderer shall faithfully document the delivery time and seal of bid documents, and archived for future reference.

    Tender documents and related materials, any of the following circumstances, the tenderer should be rejected:

    (A) late delivery;

    (B) not according to the bid invitation documents require the seal;

    (C) not pre-qualified applicant. 23rd a bidder for merger, Division, bankruptcy and other major changes have taken place, it shall promptly inform the tenderer in writing.

    Bidders no longer meets the prequalification documents, solicitation documents specified qualifications or their bid affecting the fairness of bidding, the bid invalid.

    A tenderer shall notify bidders a significant change of key and relevant competent administrative departments.

    Article 24th bidder may bid-rigging may not be bid-rigging with the tenderer, shall not bid on behalf of others or other forms of fraud in obtaining bid shall be subject to threats, force or any other means, to abandon the bid or another bidder the winning bidder to give up the bid.

    Tender, tender agent shall not in threat, coercion, leave, compensation or any other means to deter the potential bidders to submit tendering documents and not by threats, force or any other means, enable the bidders to abandon the bid or winning bidder to give up the bid.

    25th the applicant submitted prequalification documents shall comply with laws and regulations and these rules, provisions relating to bidders.

    Fourth chapter bid opening, bid and bid 26th a tenderer shall be in accordance with the provisions of the tender documents of the time and place bids.

    Tendering all bids were received before the deadline you want to unpack, read.

    Less than three bidders may not bid; Tenderer shall invite tenders again. 27th bid established according to law by the tenderer's bid Committee. Bid Assessment Committee of the technology and economic experts, the tenderer should take from above the provincial level evaluation experts determined randomly. Technology is particularly complex, and major countries with high or special requirements special requirements, provincial evaluation experts expert could not meet the bid in a library, you can directly determine the evaluation experts.

    Directly determining the evaluation expert, shall notify the provincial Office.

    The Tenderer shall be in the province, the Administrative Department of personnel under the supervision of, records the extraction process of evaluation experts and archived for future reference.

    28th the bid include integrated assessment method and reasonable low price method, review the lowest bidding price method or permitted by the laws and regulations of other evaluation methods.

    With General technical requirements, performance standards or the tenderer and its technology, performance, no special requirements of provincial key construction projects construction tender with reasonable low price method or the lowest bidding price method review.

    29th under any of the following circumstances, the bid Assessment Committee may reject all tenders:

    (A) less than three qualified bidders;

    (B) all tender are not substantially responsive tenders documents.

    Provincial key construction projects subject to tender according to law, all bids are rejected, the Tenderer shall refund all bidders bid in the 10th, and bid again.

    After the tender is seen first, approved by the seventh approval provisions of these measures, you can no longer bid.

    30th members of the bid Assessment Committee shall not be any of the following acts:

    (A) privately contacts bidders or tender for interested people;

    (B) knowingly and bidders interested, don't offer to withdraw;

    (C) illegal tender for bidders not found or bid for the veto will not be rejected;

    (D) intends to give a high score by keeping other bidders scores of bidders;

    (E) to the disclosure of bid documents of accreditation, successful candidate recommendation, as well as with other evaluation-related situations;

    (Vi) other acts that violate the relevant laws, regulations, rules, bidding the apparent lack of fairness and impartiality.

    Upon completion of 31st bid, the Tenderer shall be in the province and relevant administrative departments to send on-site monitoring personnel under the supervision of all bidders tender documents, bid Committee materials related data saved after sealing, within the validity of the complaint, no unit or individual may unlawfully opened.

    Prequalification of all applicants applications for prequalification documents Review Committee and the review of relevant information, such as seal, save, and so on, in accordance with the provisions of the preceding paragraph. Article 32nd after the bidding is completed, to the tender evaluation Committee shall submit a written evaluation report and list of the successful candidate.

    The successful candidate should not exceed three, sorted and so marked.

    After the winning bidder is determined, the Tenderer shall from the date of the winning bidder is determined in the 5th, bid notices issued to the winning bidder, and the winning result of written notice to all unsuccessful bidders. A tenderer shall from the date of winning notification issued 30th with the winning bidder to enter into a written contract, the subject of the contract, price, quality, time of performance, the project leader and main technicians and other major articles with tender documents and the winning bidder the contents of the file.

    The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract. Article 33rd Tenderer shall from the date of the winning bidder is determined in the 15th, to the provincial Office and relevant competent administrative departments to submit a written report on the bidding.

    Reports include the following:

    (A) the scope of bidding, tendering and bidding forms;

    (B) published notice of prequalification, tender notices and publication media of the successful candidate;

    (C) the Credentials Committee, the composition of the Evaluation Committee and the evaluation report;

    (D) the qualification results, bid results;

    (E) notification;

    (Vi) other matters of note.

    Fifth chapter objections, complaints and treatment Article 34th prequalified applicants, potential bidders, bidders or any other interested person objects to the provincial key construction project tendering has the right to appeal to the tenderer.

    The Tenderer shall be dealt with according to law, and responded.

    Objections and replies submitted should be in writing. Prequalification site public dissent of applicant for pre-qualification shall be eligible within 3rd days of pre-trial publicity, the Tenderer shall be replied within the 3rd days after receipt of the objection.

    Before responding, it should suspend the bidding activities.

    35th bidder or any other interested person thinks the tendering and bidding activities not in accordance with the law, statutes, regulations, he may know or should have known that within 10th of complained to the provincial Office.

    Pre-qualification of bidders or any other interested person files, pre-qualification announcement, tender documents, bid opening, bid results and other matters complained of, should be made to the tenderer objected, objection not calculated during a reply within the time limit prescribed in the preceding paragraph.

    Provincial Office shall, from the date of receipt of the complaint within the 5th deciding whether to accept the complaint, and shall, together with the relevant administrative department accepting the written decision to the complaint within 30th of; needs inspection, testing and verification, expert evaluation, excluding the time required. 36th provincial office in conjunction with the relevant administrative departments in handling complaints, the right to read and copy relevant documents and information, to investigate the situation, and shall cooperate with related units and personnel.

    If necessary, the provincial offices or the relevant administrative authorities may order suspension of the bidding activities.

    The sixth chapter legal liability

    37th in violation of provisions of this article 18th, 24th, any of the following circumstances, the relevant departments for administrative supervision shall be ordered to correct and given a warning, depending on the circumstances may be of less than 10,000 yuan and 30,000 yuan fines; causes losses to others, it shall compensate for the losses:

    (A) prequalification of tenders, bidding agency with limited applicants or prospective bidder Gets the prequalification documents, solicitation documents according to law;

    (B) tender, tendering Agency by threats, duress, leave, compensation or any other means to deter the potential bidders to submit bid documents;

    (C) bidding, tendering agency threat, coercion or any other means, enable the bidders to abandon the bid or winning bidder to give up the bid;

    (D) the bidder by threats, force or any other means, to abandon the bid or another bidder the winning bidder to give up the bid.

    38th a bidder has any of the following acts, supervised by the relevant administrative department to cancel its between one and two years of provincial key construction projects subject to tender according to law from bidding:

    (A) seek bid to bribe;

    (B) collusive tendering more than twice within three years;

    (C) collusive tendering undermines the tenderer, other bidders or the State, the collective and the legitimate interests of the citizens, causing a direct economic loss of more than 300,000 yuan;

    (D) other acts of collusion in serious.

    39th bidder has any of the following acts, supervised by the relevant administrative department to cancel its participation of between one and three years of provincial key construction projects subject to tender according to law from bidding:

    (I) forging or altering qualifications, certifications or other license obtaining bid;

    (B) more than twice within three years using other people's names to bid;

    (C) fraud in obtaining bid caused a direct economic loss of more than 300,000 yuan to the tenderer;

    (D) other acts of fraud in obtaining bid serious.
40th provincial Office, the relevant administrative authority, tender, tender agent and other units of the functionary, bribery or breach of confidentiality, shall be subject to punishment.

    41st provincial key construction project tendering and bidding activities should be established credit record system, bidding, bidding Agency, bidders, bid Committee members and other participants in the tendering and bidding activities to introduce credit incentives and punishment mechanism, legal notice tender, bidding Agency, bidders, Evaluation Committee members and other participants in the tendering and bidding activities illegal and treatment decisions.

    The seventh chapter by-laws

    42nd international financial organizations or provincial key construction projects of foreign government loans, lenders have special provisions for tendering and bidding from its provisions.

    Foreign-owned or foreign-controlled province, key construction projects can refer to these provisions. 43rd these measures come into force on January 1, 2013, Jiangxi province key project construction tendering and bidding management of construction regulations (provincial governments, 76th) repealed simultaneously.