Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351932.shtml
Jilin provincial mapping project tendering and bidding management
(March 18, 2011 3rd meeting consideration of the people's Government of Jilin province by Jilin province people's Government order No. 220, announced April 2, 2011 as of May 1, 2011) Chapter I General provisions
First in order to standardize mapping project tendering and management activities, protection of national interests, public interests and lawful rights and interests of the parties involved in tendering, in accordance with the People's Republic of China Law on bidding, the People's Republic of China surveying and mapping law of Jilin province, and the provisions of Ordinance of surveying and mapping and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
Second provincial mapping project tendering and management activities in the administrative area, these procedures apply.
Tender and bid activities shall conform to the article mapping project open, the principles of fairness, impartiality and good faith.
Fourth competent Department of surveying and mapping administration under the people's Governments above the county level shall, in conjunction with development and reform Department is responsible for the supervision of mapping project tendering and bidding activities within their respective administrative areas.
The people's Government above the county level housing and urban-rural construction, water conservancy, transportation, land and natural resources, agriculture, industry and information technology, and other relevant departments according to their respective functions mapping project tendering and management. Fifth from the mapping project tendering and bidding activities area or sector restrictions.
No unit or individual shall not operate to limit or exclude the region, outside the system of surveying and mapping units to participate in bidding.
Chapter II tenders and bids
Sixth tenderer refers to submit in conformity with this regulation tender, tenders for legal persons or other organizations.
Refers to the response of bidders bid, legal persons or other organizations participating in the bidding. Seventh Tenderer shall authorize a procuratorial Agency to carry out the tender.
Conditions of the tenderer can bid on their own.
Article eighth the following mapping project public bidding should be carried out:
(A) the investment of State-owned funds accounted for more than 50% and a single contract estimated more than 500,000 yuan, or State-owned funds accounted for more than 50%, area of more than 10 square kilometres of surveying and mapping and surveying and mapping projects;
(B) the relationship between public interests, public safety, individual contract mapping project for estimating costs more than 200,000 yuan;
(C) international organizations or foreign government loans and aid mapping project.
Nineth mapping projects can be of the following invite tenders:
(A) the need for advanced mapping techniques or special-purpose surveying instruments and equipment, potential bidders are not more than 5 mapping projects;
(B) mapping project involving the protection of intellectual property rights;
(C) the environmental conditions common surveying and mapping units are not suitable for the project;
(D) laws and regulations should not be an open tender mapping project.
Tenth article of any unit and individual shall not tender mapping project break or otherwise Dodge tender.
Article 11th rescue badly needed mapping projects without tenders.
12th should tender mapping project, in a bid to satisfy the following conditions:
(A) project approval procedures in accordance with relevant provisions;
(B) the funding needed for the project has been implemented;
(C) mapping basic data needed for the project have gathered;
(D) other conditions stipulated by laws and regulations.
13th mapping project involve State secrets, in accordance with the relevant provisions of the State and province.
Article 14th should be mapping project of the tender, tender announcements published not less than 5th, bidding plan by the tenderer in accordance with permissions in project management of surveying and mapping administration departments above the county level.
15th adopts the public tender, the Tenderer shall, in the provincial public information network published a tender notice on or above the provincial level key media.
By invitation to tender, the tenderer should be based on qualification, performance, technology and other factors of surveying and mapping units, invite not less than 3 of surveying and mapping units to participate in bidding.
16th the tender notice or in the invitation to tender shall contain the following:
(A) the name and address of the tenderer;
(B) tender mapping project content, scope, place and duration of implementation;
(Iii) the bidder's qualifications, reputation and performance requirements of surveying and mapping;
(D) project funding sources, a brief technical requirements and approval, approval or for the record name;
(V) Gets the time and place of tender documents and standards;
(F) bidding or tendering agency project contact name, address, telephone number, fax number, Web address, Bank name and account number.
17th the tender documents shall include the following information:
(A) the instructions to bidders;
(B) approval of the mapping project tasks and related documents;
(C) mapping project description;
(D) the bidder shall have the mapping level of qualification, scope of business and the relevant credit documents;
(E) the main provisions of the contract signed;
(Vi) the manner, place and deadline for submission of the tender;
(G) mapping project involve confidential, subject to the confidentiality conditions;
(H) the bid opening, evaluation and calibration schedule and assessment standards and methods;
(IX) other bids you need support materials;
(J) the tender notice or invitation to tender.
18th tenderer the tender documents already issued to clarify or modify should be in the tender document 15th the deadline for the submission of bid documents, and notified in writing to all bid documents received and the clarifying or modifying the contents of a file as part of the tender documents.
After the issue of the tenderer in the tender documents, it may not terminate the tender. 19th mapping project to open tender, the tenderer may tender human mapping qualifications, performance, reputation for prequalification.
Prequalification conditions, standards, and measures should be consistent with the tender notice shall be subject to unreasonable conditions, exclude or discriminate against bidders.
Tender according to the mapping project's specific circumstances, people who can organize bidding intentions survey mapping project, to introduce engineering site and the situation.
20th more surveying and mapping units to form a consortium to jointly submit a bidder.
Each party to the consortium shall tender the bidder's qualification requirements of surveying and mapping, complex qualification levels determined according to the constituent units of the Federation of lower level units.
Each party to the consortium shall enter into a joint bidding agreement expressly agreed upon the parties intend to work and responsibility and joint bidding agreement together with the bid documents submitted to the tenderer.
The Consortium bid, each party to the consortium shall jointly signed a contract with the tenderer, the winning project bid assume joint and several liability. 21st after a bidder the winning bidder the winning project in the non-subject and critical part of the package, but subcontracting may not exceed total quantities of mapping project one-fourth.
Accepted subcontracting units shall comply with the tender requirements related to the qualification of surveying and mapping, and shall not subcontract it again.
22nd the tender document tender documents should be the substantive requirements and responds to the condition.
The main content of the bidding documents including:
(A) the letter of tender;
(B) tender sum item and offer;
(C) the project implementation schedule;
(D) the project implementation technology, equipment and so on;
(E) the deviation table of business terms and technology;
(Vi) other contents requirements of the tender documents.
Bidder after award winning project subcontracting, shall be set out in the tender documents, site, quantity surveying and mapping the qualification and acceptance of subcontractor.
23rd a bidder is allowed to bid in the name of others, nor shall they use forged, transfer, failure or rent certificate of qualification bid of surveying and mapping.
Chapter III bid opening, bid evaluation and calibration
Article 24th bid opening shall be in private, presided over by the tenderer, invites all bidders and related sectors, in accordance with legal procedures.
25th bid jobs established according to law by the tenderer's bid Committee.
The bid Assessment Committee by the tenderer representatives and professional experts in the technical and economic aspects, are 5 or more members in the singular, which experts in the field of surveying and mapping shall be not less than one-third.
26th province's surveying and mapping Administration Department in accordance with the relevant provisions of article set up mapping project bidding evaluation experts in the province and incorporated into the provincial Government Affairs Hall evaluation expert pool management, as a candidate for mapping project bidding evaluation experts.
Mapping project of the 27th selection evaluation experts, subject to the following conditions:
(A) the registration division of surveying and mapping, or have senior professional and technical personnel of surveying and mapping;
(B) be familiar with the laws and regulations relating to bidding and have appropriate work experience;
(C) careful, fair, honest, clean and functioning.
Engagement mapping project evaluation experts appointed by the province's surveying and mapping administration competent authority certificate. 28th evaluation committees of experts in the field of surveying and mapping from the mapping project by the tenderer bidding evaluation experts in a random drawing.
List of experts participating in the mapping project bid shall keep confidential before the bidding result determined.
The 29th member of the bid Committee had one of the following should be avoided:
(A) the bidder unit staff;
(B) the bidder in charge of close relatives;
(C) have economic or other interests with bidders, may affect the impartiality of the bid;
(D) other circumstances as stipulated by laws and regulations should be avoided.
The 30th member of the bid Committee in front of the bid should be familiar with the following:
(A) invites tenders for the scope and nature of the project;
(B) the main technical requirements specified in the tender documents, standards and commercial terms;
(C) evaluation standards of the provisions of the tender documents, evaluation of bids and the relevant factors should be taken into account in the evaluation process.
31st the bid evaluation Committee should comply with the following requirements and procedures:
(A) the tender document to determine the assessment standards and methods to assess and compare the bid documents;
(B) requested that bidders in the tender documents and ambiguous content making the necessary written clarifications or explanations;
(C) reviewing whether bid documents for the tender documents all of the substantive requirements and conditions respond and itemizes the tender documents all deviations;
(D) to comply with the substantive requirements of the tender documents, but in some places there are omissions or provide technical information with minor deviations, data, the tender document, on the premise of not be unfair to the other bidders, bidders are required to supplement in writing;
(E) has a base price of bidding documents should refer to the base price;
(F) mapping project bidding evaluation method is used, in order of the scores, recommendations 1 to 3 the successful candidate;
(VII) in writing to the tender evaluation report;
(VIII) other requirements stipulated by laws, regulations and procedures.
32nd tender documents has any of the following circumstances shall be treated as invalid bid process:
(A) late delivery;
(B) does not respond to the substantive requirements and conditions of the tender documents;
(C) not complying with the provisions of the tender documents stamped with the company seal or without a legal representative (or its licensors) the signature (or seal);
(D) in the form of Consortium bid, did not submit joint bidding agreement;
(E) is not sealed as required by the tender documents.
33rd bidder has any of the following acts shall not be determined to be the successful candidate:
(A) without complying with the provisions prescribed in the bidding documents as paid before the date of the bid;
(B) the bidder refused to in accordance with the requirements in the tender documents clarification, explanation or correction;
(C) the bidder to bid in the name of others;
(D) to bribe means they bid or bidding to other means of deception;
(E) other circumstances as stipulated by laws and regulations.
34th Tenderer shall be determined from the Evaluation Committee recommended the successful candidate first score sort to the winning bidder.
35th after calibration the Tenderer shall be sent to the winning bidder the winning bidder notice and will notify all other bidders bidding result.
The tenderer and the winning bidder shall bid in the 10th on the date the notice is issued, in accordance with the tender document tender documents and the winning bidder to sign a written contract; the winning bidder fails to enter into a contract, by the tenderer in accordance with evaluation scores from successful candidate in order to determine new winning bidder.
36th Tenderer shall mapping project in 15th on the date the contract is signed, to the approval of the project Department of the siblings of surveying and mapping Administration Department of survey and mapping project tendering and written reports.
Supervision and administration of the fourth chapter
37th competent Department of surveying and mapping administration under the people's Governments above the county level through examination, audit, on-site supervision, including supervision of the mapping project tendering and bidding activities.
Surveying and mapping Administration Department shall perform the following duties:
(A) to exercise supervision over the process of tendering and bidding of project activities;
(B) check the bidding and tendering activities implementation of legal procedures and rules;
(C) receive and investigate complaints and reports in the tendering and bidding activities;
(D) the supervision of tendering and bidding laws, rules and regulations of the parties in the implementation of conditions.
38th bidder and other interested persons view mapping project tendering and bidding activities not in line with laws, rules and regulations, within the 5th after the bid opening, you can complain to the surveying and mapping administration departments at or above the county level, reported.
Report's surveying and mapping administration is responsible for handling complaints, the competent departments shall receive complaints and reporting within 30th of, complaints, reports and notify in writing the complaint, whistleblower. 39th Department of surveying and mapping administration shall establish a bidding credit management information system of the surveying and mapping units.
Collusive tendering, without good reason refused to sign after winning the contract, implement commitments and contracts and other dishonest bidders by the competent Department of surveying and mapping Administration entered in the bidder's credit file and to the public.
40th article violation this approach provides, on should tender of mapping project not for tender of, or will should for tender of mapping project break or to other way avoid tender of, by County above mapping administrative competent sector ordered corrected, on belongs to non-business sex behavior of, can and at 1000 Yuan fine; on belongs to business sex behavior of, can and at 10000 Yuan above 30000 Yuan following fine.
41st article violates these rules, mapping projects in the bidding before the announcement, the tenderer bidding plan in accordance with the project management permissions are not reported to the competent Department of surveying and mapping administration, surveying and mapping administration departments at or above the county level shall give notice of criticism, are part of a non-operating, 1000 Yuan fine is engaged in sexual acts, depending on the circumstances, impose more than 5000 10000 Yuan fine.
42nd article violates these rules, in the tendering and bidding activities in any of the following circumstances, surveying and mapping administration departments at or above the county level in accordance with the relevant laws, rules and regulations shall be punished:
(A) mapping project tender units will mapping project subcontractors do not have the appropriate level of qualification of surveying and mapping unit;
(B) without obtaining the qualification of surveying and mapping, or go beyond the scope of business permitted by the qualification of surveying and mapping, limit bid contract a mapping project;
(C) in the name of other surveying and mapping unit, or allowed other units to the units on behalf of the bid contract a mapping project;
(D) mapping units in violation of regulations will be successful mapping project subcontractors.
Article 43rd surveying and mapping Administration Department and the relevant departments and their staff, one of the following circumstances, heads of the relevant government departments are directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) the restriction, exclusion of this area, outside the system of legal persons or other organizations to participate in the tender;
(B) specifies a procuratorial Agency for the tenderer, or force has the ability to tender the tenderer to authorize a procuratorial Agency to carry out the tender;
(C) unlawful interference with tendering according to the law of autonomy of the tenderer;
(D) unlawful interference with the bid evaluation committee evaluation activities;
(E) illegal party to bidding, bidding agency fees;
(F) failing to impose supervision on tender and bid activities, as well as other acts of favoritism, abuse their powers, neglect their duties.
The fifth chapter supplementary articles The 44th article of the rules take effect on May 1, 2011.
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