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Tianjin Construction Engineering Bidding Supervision Management

Original Language Title: 天津市建设工程招标投标监督管理规定

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Regulation for the supervision of tenders for construction works in the city of Zenin

(Summit No. 59 of 8 November 2010 of the Government of the People's Republic of zinc considered the publication, effective 1 January 2011, through Order No. 30 of 29 November 2010 of the People's Government Order No. 30 of 29 November 2010)

Chapter I General

Article 1, in order to regulate tendering activities in construction works, enhance oversight of tendering activities, enhance economic efficiency, protect the legitimate rights and interests of the State's interests, the public interest and the parties to the solicitation activities, and establish this provision in conjunction with the prevailing circumstances in this city, in accordance with the relevant laws, regulations.

Article II solicitation activities for the conduct of construction works in the administrative areas of the city, the design, administration, construction and procurement of important equipment, materials, etc.

The construction work described in this provision refers to the installation of engineering, construction works, route pipelines and equipment and engineering.

Article 3 tenders for construction work should be guided by the principles of openness, equity, justice and good credit.

Article IV provides for the implementation of the harmonized supervision management of tenders for construction works in this city by the municipal transport administration authorities, and entrusts the municipal construction engineering solicitation to oversee the implementation of the Authority.

Regional, district-building administrative authorities are responsible for the supervision of tendering activities within the Territory, in accordance with the division of responsibilities, and are entrusted with the specific implementation of the executive branch for the construction of tenders in the district, the district construction engineering engineering engineering tenders.

Article 5 is required by law to make public solicitation work and tenders should be carried out within a tangible building market. Other construction works could be carried out with tendering activities within tangible construction markets.

Chapter II

Article 6.

Additional tenders shall be made in accordance with the law, in the form of a provisional valuation, including material, important equipment and professional works within the overall contractor.

Article 7.

The full use of State-owned funds investment, as well as the construction of a State-owned fund investment accounting unit or a dominant position, should be open tendering. Other construction works may choose their own means of solicitation, but the State or the city have special provisions on the manner in which tenders are made.

Article 8

(i) The bidder has been established by law;

(ii) Procedures for project approval, approval or filing;

(iii) The corresponding funds or sources of funding have been implemented;

(iv) The information required for tendering;

(v) Other conditions under the law, regulations.

Article 9. The construction work required by law shall be solicited by the solicitation licensor to proceed with the solicitation, or by the acting solicitation body with the corresponding qualifications.

Article 10. Construction of work required by law, which shall be subject to tendering, shall have the capacity to prepare solicitation documents and to organize tenders, including, inter alia:

(i) Professional technical strengths that are adapted to the scale and complexity of tendering works;

(ii) A specialized solicitation body or a full-time solicitation operation;

(iii) Professionals who are familiar with and possess the relevant solicitation laws, regulations and regulations.

Article 11. The construction work required by law shall be solicited by the solicitation owner and shall be submitted by the solicitation notice or by the invitation to tender, with the proven material listed in Articles 8, 10 and 10 of this provision to the municipal transport administration authorities.

The bidder does not have the conditions for its own tendering, and the municipal authorities for the construction of a transport administration shall cease their own tenders by acclaimer within 5 days of receipt of the request. The solicitationer shall entrust the solicitation of tenders with the appropriate qualifications of the solicitation agent.

Article 12

(i) The technical, professional nature of the construction project or the special conditions for environmental resources are limited to the number of potential bidder eligible;

(ii) If open tendering is used, the amount of the total investment in the solicitation projects is high;

(iii) The construction project was identified by the Government of the city as a priority, such as the use of open tenders would affect the timing of implementation of the project;

(iv) Legal, regulatory and regulatory provisions are not appropriate for the use of open tendering.

The approval process for solicitation shall be implemented in accordance with the relevant provisions of the State and the present city, with the approval of an invitation to tenders, and the solicitor shall, by five years of the invitation to tender, prepare the administrative authority for the construction of the construction of the area in which the construction works are located.

Article 13 uses open tendering methods by which tenderers shall invite non-specified legal persons or other organizations to make tenders through press, information networks or other media established by the State or the city.

In the application of an invitation to tendering, the bidder shall issue invitations to tenders to more than three persons with the capacity to undertake the solicitation projects, good legal persons with the qualifications or other organizations.

Article 14. The solicitation notice or the invitation to tender shall contain the following:

(i) The name and address of the solicitor;

(ii) The content, size, source of funds for tendering projects or the name, quantity, technical specifications, source of funds;

(iii) The location and duration of the solicitation project or the place and time of delivery;

(iv) The location, time and methodology for obtaining solicitation documents or prequalification documents;

(v) Levels of qualifications or qualifications of tenderers.

Article 15. The construction work required by law shall be subject to a prequalification review of tenderers by means of prequalification or post-qualification. The construction work required by law must be openly solicited, and the tenderer shall not be eligible for prequalification at less than 15.

Article 16 shall prepare solicitation documents in accordance with the characteristics of the solicitation project and the requirements of the relevant laws, regulations, regulations and regulations, specifying the criteria and methods for evaluating tenders, the scope of the bidder's risk, the rejection clause, and provide incentives for credit evaluation, engineering excellence. The bidder may refer to the criteria and methods for evaluating tenders issued by municipal authorities for the construction of transport administrations.

The list of works should be part of the solicitation documents using the list of works.

The solicitation documents shall not contain the content of a preference or the exclusion of potential bidders; they shall not contain elements that impede or limit fair competition among tenderers; nor shall the extent to which the risk is not applied, all risks or similar words.

The bidder for construction works shall prepare the solicitation controls in accordance with the solicitation documents and the current market value, and shall be made public by 5 p.m.

The bidder contests the solicitation control price and shall submit a request for review to the municipal construction work-making authority by 3 p.m. After a review of the error, the bidder should be tasked with releasing and re-establishing the opening date by law.

Article 19 The solicitor shall concentrate the rejection clause in the solicitation documents.

The rejection clause should be clear and easily judged. Other provisions in the solicitation documents are inconsistent with the unilaterally rejected clause. In addition to the rejection clause in the solicitation documents, the bidder should reclassify the full rejection clause and send all bidders.

The rejection clause referred to in this provision refers to the provisions on the validity of tender documents that are inadmissible under the solicitation documents or that are negligible for the processing of tenders.

Article 20 The solicitation documents should clarify the period of effectiveness of tenders. As a result of the need for an extension of the period of effectiveness of tenders, the bidder shall notify all bidders in writing before the end of the period of effectiveness of tenders and report on the establishment of tendering supervisory bodies.

Article 21, which is required by law for the construction of tenders, shall, at the same time as in the solicitation documents, subject to the approval of the solicitation documents for the construction of tenders for the approval of the governing body. The construction of the tendering supervisory body found that the solicitation documents were contrary to the legal, regulatory and regulatory content and that the bidder should be charged with changing the process.

Article 2 shall determine the reasonable time required for the preparation of tender documents by the bidder; construction work required by law must be solicited, which shall not be less than 20 days from the date of the submission of the solicitation documents to the bidder.

The issuance of solicitation documents may be conducted in conjunction with the publication of the solicitation notice.

Article 23 may make the necessary clarification or modification of the solicitation documents issued by law. The clarification or modification is an integral part of the solicitation documents, while reporting on the management of tendering for construction works.

Chapter III

Article 24 provides legal, regulatory, regulatory and other organizations with the qualifications provided for in the solicitation documents that may participate in construction works that are adapted to their qualifications and scope of operation.

In violation of laws, regulations, regulations and regulations such as construction market management, construction of quality safety, restrictions on the processing of tenders are not allowed to participate in the construction of tenders within the time limit of tenders.

The statutory representative is either the same person or has more than two units in the relationship between the Prosecution and the alleged Unit, and shall not make tenders in the same solicitation.

Article 25 The bidder shall send the solicitation documents to the designated location by the deadline of the tender. The bidder shall, upon receipt of the solicitation documents, make a signed receipt and shall not open the tender documents before the opening of the tender.

Article 26 The bidder may supplement, modify or withdraw the submitted tender documents before the deadline for the submission of tenders and inform the bidder in writing. Supplementary or modified elements are part of the solicitation documents.

The bidder's adjustments in the bid documents should be accompanied by detailed adjustments and prices and adjusted post-adjusted bid offers as final tenders.

Article 27 requires the bidder to provide the tender security, which shall be clear in the solicitation documents, but shall not be subject to the maximum legal, regulatory and regulatory limits.

Article 28 shall not contain the following collusion of tenders with tenderers:

(i) The bidder discloses the content of the solicitation documents before the opening of tenders or the awarding of tenderers to supplement and modify the content of the tender documents;

(ii) The information that should be confidential, either directly or indirectly, to the bidder, for example, by disclosing the bidder;

(iii) The solicitation organization, the award or implied that other tenderers would create conditions or facilitate the tenders of a particular bidder;

(iv) The qualification review committee of the solicitation of the solicitation or the evaluation committee shall make a difference between the applicant or the bidder;

(v) Other collusion of tenders between legal, regulatory, regulatory and regulatory tenderers.

Article 29 shall not contain the following collusion of tenders:

(i) Increase in mutual agreement or pressure on low tenders;

(ii) To act jointly for the benefit of tendering or exclusion of other bidders;

(iii) The bidder that is a member of the same association, chamber of commerce, group companies, etc., to take concerted action in accordance with the organization's request for tendering;

(iv) Other collusion of tenders between legal, regulatory and regulatory tenderers.

Article 33

(i) The use of other units or tenders for qualifications;

(ii) The use of other units in tendering or signed by the statutory representative of other units;

(iii) Project heads or non-staff personnel of major technical personnel;

(iv) The solicitation guarantees, for example, for the transfer of cheques, remittances, are not transferred from the basic accounts of the bidder, using bank letters, bank cheques, but not by the bank of the bidder's basic account;

(v) Other acts of tendering on behalf of others under the laws, regulations and regulations.

Article 31 shall not have recourse to the following:

(i) The use of falsification, conversion or invalid qualifications or accreditation, and accreditation for tendering;

(ii) Contrary, overstatement or financial situation;

(iii) Contrary the project manager or the main technology, the management from the industrial curriculum, labour relations certificate;

(iv) conceal the information requested in the solicitation documents or provide false information;

(v) Other fraudulent acts provided for by law, regulations and regulations.

Chapter IV

The opening of tenders shall take place at the time specified in the solicitation documents. The opening tender was chaired by the solicitor and invited all bidders to participate.

Article 33 contained one of the following cases in which the solicitation documents should be inadmissible:

(i) Delayed or not delivered to designated locations;

(ii) No seals are required in accordance with the solicitation documents;

(iii) The rejection of the admissibility clause in the solicitation documents provides for grounds of inadmissibility.

Article 34 quantifies one of the following cases, as a waiver of tenders:

(i) The legal representative of the tenderer or the author of the agent was not required to participate in the opening tender;

(ii) In the solicitation documents, the project manager was requested to participate in the opening and the project manager was not participating.

Article 55 is governed by the Commission of Commentary established by law by the solicitor.

The Commission is composed of representatives of tenderers and experts in the areas of technology, economy. The construction work required by law must be openly solicited and the number of members of the Commission is more than five, with the solicitation representatives not more than one third. A representative of the solicitor shall be entitled to higher-ranking or construction of the functional qualifications of the engineering category. The members of the Panel of Experts shall be drawn by the solicitor from the pool of experts in the construction work evaluation.

The list of members of the Review Committee shall be confidential prior to the issuance of the letters of assignment.

Article XVI provides one of the following cases to the members of the Commission, which should be offered to avoid the bidder; without any initiative, the solicitation, municipal authorities for the construction of transport, or district-based administrative authorities should immediately cease their participation in the evaluation activities:

(i) The principal head of the bidder and his close relatives;

(ii) Staff of the project authority or the administrative oversight department;

(iii) The stakes such as the economic interest of the bidder may affect the impartiality of the evaluation exercise;

(iv) Administrative penalties or criminal penalties for offences committed in solicitation, evaluation and other solicitation activities;

(v) Other cases provided for by law, regulations and regulations.

Article 37 The members of the Commission shall perform their duties objectively, impartially and independently and in accordance with professional ethics, evaluate and compare the tender documents in accordance with the evaluation criteria established in the solicitation documents.

Article 338 The members of the Commission shall not have the following acts in the evaluation process:

(i) The unauthorized departure or the denial of participation in evaluation activities without justification;

(ii) There is a quorum to avoid;

(iii) Acceptance of an award of unfair evaluation or influence other evaluation experts' normal evaluation;

(iv) Privately contact the bidder;

(v) To facilitate the benefit of the benefit of the person affected;

(vi) Other prohibited sexual acts under laws, regulations and regulations.

Article 39: The bidder has one of the following acts, and is processed by the evaluation committee after the evaluation of the award:

(i) A collusion of tenders between tenderers and tenderers, collusion of tenders between tenderers, tenderers on behalf of others or tenders in a false manner;

(ii) The solicitation documents are not signed by a chapter and a statutory representative or by an agent authorized by the statutory representative;

(iii) The agents entrusted by the bidder are not legally and effectively authorized;

(iv) Joint tenders, which are not attached to the joint bidding agreement;

(v) The ambiguity of key content of tender documents and the inability to identify them;

(vi) The bidder's offers may be less costly than that of the tenderer and the bidder cannot reasonably describe or provide the relevant material;

(vii) No clarification or clarification of tender documents as required;

(viii) The bidder offers more than the tenderer's tendering control price;

(ix) In cases where the provisions of the objection in the solicitation documents are invalid;

(x) Other tenders provided for in laws, regulations and regulations are invalid.

An effective bidder is less than three and the bid is manifestly lacking competition, and the bidder shall re-exploit the full tender by law.

Article 40 shall submit a written evaluation report to the bidder and recommend the successful candidate; the bidder authorizes the bid evaluation board to direct the identification of the marker and shall submit a written evaluation report and the list of candidates for the mark. The candidates should be limited to 1 to 3 and indicate the order.

The evaluation shall be confirmed by the members of the evaluation board and shall be held accountable for the evaluation. The members of the valuator that had objected to the evaluation findings could make written statements and reasons for their differing opinions and reasons, and the members of the valuator had refused to sign in the evaluation report and did not describe their differences and grounds, as agreed with the evaluation findings, and the evaluation board should make a written statement and record the case.

Article 40 provides for the construction of open tenders by law, and the solicitor shall, within three days of the date of receipt of the written assessment report, establish the pre-spectings by law, and publish media statements in the original solicitation notice, not less than 3 days.

The bidder shall send a letter of the marker and determine its marker within three days of the end of the presentation and shall notify all outstanding bidders of the results of the mark.

Article 42, the solicitation and the bidder shall enter into a written contract in accordance with the solicitation documents and the tender documents of the marker within 30 days of the date of the communication. The solicitation and the bidder shall not reproduce other agreements that are contrary to the substantive content of the contract. The solicitation documents require the submission of the security of performance by the marker, which shall be submitted.

In the 15-day period after the contract was concluded, the bidder should submit the contract construction work contract monitoring authority.

Article 43 thirteenth solicitors shall, within 5 days of the date of the letter of assignment, refund the tender security to bidder other than the successful candidate. The bidder returned the tender security to other successful candidates within five days of the date on which the contract was signed by the bidder.

The bidder has one of the following cases, and the tender security shall not be returned:

(i) Removal of tender documents during the period of effectiveness of tenders;

(ii) The reason for the bidder's refusal to enter into a contract with the solicitor;

(iii) No performance guarantees are submitted pursuant to the solicitation documents.

Chapter V

Article 44 provides for the construction of transport administrative authorities, district-based administrative authorities, when monitoring inspections are carried out, the right to receive and access the relevant documents to investigate, verify the relevant circumstances and to cooperate with them. In the light of the fact that the necessary measures would result in the irreparability of the consequences, the construction of transport administration authorities, district and district-building administrative authorities could take a compelling suspension of tendering activities and the seizure of tendering information.

Following the decision of the municipal authorities to establish transport administrations or district authorities to deal with tender infringements, the results should be published in a timely manner in accordance with the relevant provisions of the Government.

Article 41

Article 46 tenders and other stakeholders consider that tendering activities are not in accordance with legal, regulatory and regulatory provisions and can lodge complaints to municipal authorities for the construction of transport administrations or district-based administrative authorities.

The complainant shall, in accordance with the provisions relating to the solicitation tender, make a written complaint and provide evidence material or an effective line.

The complainants may not lodge a complaint through, inter alia, fabrication of facts, falsification of the material, or by means of unlawful means, by means of evidence obtained by the channels, nor may it impede the normal conduct of the solicitation proceedings for malicious complaints.

Article 47 provides for the establishment of transport administrative authorities, district and district-building administrative authorities to designate specialized agencies responsible for the specific work to be heard and processed, to make clear complaints about telephones, faxs, e-mail boxes and addresses, and to make public available to society through national and local designated media.

Article 48 provides for the construction of transport administrative authorities, district-based administrative authorities to decide whether the complaints are admissible within 5 days of the date of receipt of the complaint. Complaints that are in compliance with the conditions for the processing of complaints are not admissible in this sector, and the complainant is informed in writing of the complaint to other administrative oversight authorities.

After the decision of the municipal authorities for the construction of transport administrations, district authorities to deal with complaints matters, the complainants, the complainants and other parties concerned with the results of the complaint should be informed in writing. The complexity of the situation cannot be determined within the prescribed time frame and, with the approval of the head of the sector, may be extended appropriately and in writing to the complainant and the complainant.

Chapter VI Legal responsibility

Article 49, in violation of article 6 of this provision, a solicitor shall be responsible for a period of time being converted to a fine of ten thousand dollars for the project contract:

(i) The need for tendering by law without tendering;

(ii) Removal of tenders by law of construction works that must be solicited by the law or by any other means;

(iii) Materials, important equipment and professional works that are included in the context of total contracting should be solicited by law without tendering.

In violation of this provision, the solicitor shall be responsible for a period of time being converted to a fine of 200,000 dollars and fine of 10 per cent of the unit's supervisors and other direct responsibilities.

Article 50, article 12, article 20, article 21, article 23, article 42, article 42, provides that the deadline shall be changed without the implementation of the relevant request or reporting procedure, and that a fine of 3,000 dollars shall not be involved in the solicitation activities of the relevant tender within six months to 12 months, and that the relevant offence shall be included in the credit records.

In violation of article 13, article 14 of the present article, the solicitation solicitation notices are not issued through the press, information networks or other media provided by the State or this city, or the solicitation announcements are incompatible with the requirements, affecting the application of prequalification or tenders by potential tenderers, and shall be subject to correction of the deadline; a fine of up to three0,000 yen, shall not be involved in the relevant solicitation activities within six months, and the relevant offences are included in the credit records.

Article 53, a bidder, a bidder having one of the acts set out in article 28, article 29, article 33, and article 31, shall not be involved in the solicitation activities in question from 1 to 3 years, except for legal penalties.

Article 54, in violation of article 33, paragraph 5, of the present article, excludes the list of members of the Commission of the Eccreditation and shall not participate in the solicitation activities within six months.

Article 55 examines the membership of the Commission with one of the acts listed in article 38 of the present article and gives warnings, forfeitures and fines of more than 30,000 dollars, forbiding the eligibility to serve as a member of the board of assessment, and not to participate in the evaluation of any construction work required by law; constitutes a crime and hold criminal responsibility.

In violation of article 41 of the present article, the solicitationer is liable to a fine of US$ 30,000 if the deadline is not specified or communicated to the mark.

Article 57 shall not enter into a written contract in accordance with the solicitation documents and the tender documents of the marker, or the solicitor and the subsidiaries shall establish other agreements that are contrary to the substantive content of the contract; shall be subject to a fine of ten thousand dollars of the amount of the project.

The bidder has not entered into a written contract within the statutory time frame, and the bidder can and will be fined by 3,000.

The administrative penalties and related treatment measures set out in this chapter are carried out by the municipal authorities for the construction of transport administrations, district authorities for the construction of administrative authorities.

Article 59 of the construction of tenders to monitor the management of staff in favour of private fraud, abuse of authority or negligence, and one of the following acts is lawfully disposed of by law, constituting an offence, and is criminally charged by law:

(i) The failure to fulfil its mandate under the law;

(ii) The offence of solicitation tendering shall not be investigated by law;

(iii) Other non-performance with the responsibility to oversee the management of tenders for construction works.

In cases where the municipal authorities for the construction of transport administrations, district-based administrative authorities for the construction of tenders for the construction of works, it was found that the offence should be dealt with by the disciplinary inspectorate or other management and should be transferred to the relevant sector.

Chapter VII

Article sixtieth of the construction work required by law and one of the following cases may be made without tendering following approval by the municipal transport administration authorities:

(i) Establish projects involving national security and State secrets, with relevant departments;

(ii) The use of specific patents or technologies by major technologies;

(iii) The solicitor has its own corresponding qualifications and is able to investigate, design, construction, treasury, provide goods or services;

(iv) In addition to minor works or subject-to-gaining works in construction works, the original marker still has the contractor's capacity;

(v) Consistency-building projects, which do not change and still have contractual capacity;

(vi) The construction work design programme at the planning stage has already involved the initial design of construction projects or the extension of initial designs and would not be appropriate to design tenders;

(vii) Other cases provided for by law, regulations and regulations.

The city's priority-building project construction solicitation is in accordance with the preceding paragraph, which may be subject to the approval of the Government of the city.

Article 62 oversees the activities of tenders for the construction of hydro-technical works by the water management in line with the division of duties.

Article 63, “3 days”, 5 days” in this provision refers to the working day without the holiday.

Article 64 The Government of the city of 2 July 2003 published the “Regulations for tendering for construction works in the city” (No. 61 of the 2004 People's Government Order No. 61 of 30 June 2004).