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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340828.shtml

Tianjin construction engineering bidding supervision management

    (The people's Government of Tianjin City, November 8, 2010 59th Executive meeting Tianjin Municipal People's Government released 30th November 29, 2010 as of January 1, 2011) Chapter I General provisions

    First in order to standardize construction project tendering and bidding activities, strengthen supervision on tender and bid activities, improving economic efficiency, protect national interests, public interests and lawful rights and interests of the parties involved in tendering in accordance with the relevant laws and regulations, combined with the municipality, these provisions are formulated.

    Article building works within the administrative area of the city investigation, design, supervision, construction and construction-related and important equipment and materials procurement tendering and bidding activities, these provisions shall apply.

    Construction projects in these rules refers to civil engineering, construction engineering, wires, pipelines and equipment installation works and engineering.

    Third construction project tendering and bidding activities shall follow the principle of openness, fairness, impartiality and good faith.

    Fourth municipal traffic Administrative Department of the city construction project tendering exercise unified supervision and management, and delegate to the municipal construction project tendering and regulatory authority implementation.

    Construction of district and county administrative departments in accordance with the Division of duties, is responsible for the supervision and management of construction project tendering and bidding activities in their jurisdiction, and delegate to the district or County construction project bidding supervision management agency-specific implementation. Article fifth must invite bids for construction projects shall be carried out in tangible building market tender and bid activities.

    Other construction projects, the tendering and bidding activities in a tangible building market.

    Chapter II tenders

    Sixth within the administrative area of the city according to law must tender of construction works scope and scale standards, in accordance with the relevant provisions of the State.

    In the form of provisional estimate included within the contract range of materials, important equipment and professional engineering should be legal tender.

    Article seventh tender is divided into an open bidding and inviting tenders. All State-owned funds investments, as well as the dominance of State-owned investment holding or construction projects, should be introduced for public tender.

    Other construction projects can select their own tender, tender, or the special provisions of the State, from its provisions.

    Eighth law must bid construction projects, tenders meet the following conditions may be:

    (A) the Tenderer has established by law;

    (B) has fulfilled the project's approval, approval or for the record procedures;

    (C) the necessary funds or sources of funding have been implemented;

    (D) relevant information needed to bid;

    (E) meet other requirements stipulated by laws and regulations.

    Nineth law must tender of construction works, the tenderer can carry out the tender, may also entrust a qualified engineering tendering Agent proxy bidding.

    Tenth law must bid construction projects, tender deal with tenders, should have the capacity to prepare the tender documents and organizing bid, including the following:

    (A) is compatible with the bidding project size and complexity engineering, budget, financial and project management expertise;

    (B) has a specific tender or have more than 3 full-time tender person;

    (C) there is familiarity and bidding laws, rules and regulations of the relevant professionals.

    11th according to law must be tendered for construction projects, tender people deal with the tender, issued invitations to bid shall issue a tender announcement or 5th article eighth documentation of conditions in, tenth to the urban construction and traffic administration departments. The tenderer does not have its own tender conditions, urban construction and traffic Administration Department shall from the date of receipt of the record within the 5th, ordered to stop deal with the tender of the tenderer.

    The Tenderer shall entrust a qualified project tendering Agency to carry out the tender.

    12th must open bidding of construction engineering according to law, any of the following circumstances, authorized invitation to tender may be used:

    (A) technical, highly specialized construction projects, or special environmental conditions, limited number of qualified potential bidders;

    (B) adopts the public tender, the cost proportion of total project investment is too large;

    (C) construction project was identified as a key project by municipal people's Government, such as public tenders will affect the timing of project implementation;

    (D) the laws, rules and regulations cannot be used open tender.

    Approval of the invitation to tender procedure in accordance with the relevant provisions of the State and this municipality, upon approval by inviting tender, the Tenderer shall issue invitations to bid before 5th, to district and county administrative departments of construction works.

    Article 13th open tender, the tenderer by the State or the municipality of newspapers and periodicals, information networks or other media published a tender notice, invites unspecified legal persons or other organizations to bid.

    By inviting tender, the Tenderer shall apply to 3 or more have to undertake the project, good credit standing of the legal persons or other organizations to issue invitations to bid.

    14th call for tender or invitation to tender shall contain the following:

    (A) the name and address of the tenderer;

    (B) the project contents, size, sources of funding, or the name of the goods, quantity, specifications, source of funds;

    (C) the place and duration of project implementation, or the place and time of delivery;

    (Iv) access or prequalification documents the location, time and method;

    (E) the bidder's qualifications or eligibility requirements. 15th construction project must be tendered according to law, can take the prequalification or post-qualification way to qualify the bidders.

    Legally required public bidding of construction engineering, bidders with less than 15 home, prequalification mode can not be used. 16th Tenderer shall be according to the project's characteristics and requirements of the relevant laws, regulations and rules preparation of bidding documents, clear assessment standards and methods, validity of bids, bidders risk range, rejected articles and other content, and can set the terms of credit evaluation, engineering excellence award.

    Tenderer can refer to the construction of municipal traffic administrative departments publish bidding rules for the preparation of assessment standards and methods.

    Tendering of Bill of quantities, quantities should be regarded as an integral part of the tender documents.

    Article 17th tender document may contain contents favoring or excluding potential bidders; no discourage or limit the contents of fair competition between bidders; unlimited risks, all risks can not be used or provided a similar statement risks.

    18th construction tendering and bidding for construction project shall, in accordance with the tender documents and pricing in this city set up bid to control prices, and announced before the bid closing time on 5th. Disagrees with the bidders on bidding control, shall, before bid closing time on 3rd request for revision was submitted to the municipal construction project cost management.

    Review is definitely incorrect, revised shall instruct the tenderer re-advertised, and redefine the bid opening date.

    19th of the tenderer in the tender documents will be rejected terms set separately. Vetoed provisions should be clear and easy to judge. Other provisions in the tender document vetoed provisions inconsistent with the separate, with separate veto provisions would prevail.

    Increase rejected provisions in the addendum to the tender documents, the tenderer should be single again complete rejection of terms and sent to all bidders.

    Vetoed provisions in these rules refers to provisions in the tender document shall not accept bid as invalid or bidding process, negative terms of validity of the tender documents. Article 20th tender documents should be clearly valid.

    Due to special circumstances extend the bid validity period, Tenderer shall bid validity ended 5th with written notice to all bidders, and at the bidding of construction engineering supervision and administration institutions of the report. 21st according to law must be tendered for the construction project, the tenderer in the tender documents issued at the same time, the bidding documents bidding of construction engineering supervision and Administration Department for record.

    Construction project tendering and supervision authorities found the tender documents in violation of the law, regulations and rules, shall order the correction of the tenderer.

    22nd Tenderer shall determine the bidder reasonable time needed for preparation of tender documentation; construction project must be tendered according to law, from the date of tender documents issued to the bidder submitting the tender closing date, shall be not less than 20th.

    Issue of tender documents and tender notice is published at the same time. 23rd a tenderer may, in accordance with the tendering documents already issued to carry out the necessary clarification or modification.

    Clarify or modify content as part of the bidding documents and bidding of construction engineering supervision and administration institutions of the report.

    Chapter III tenders

    24th with laws, regulations, rules and provisions of the tender documents the qualification of a legal person or other organization, may participate in its qualifications and scope of a construction project.

    Breaches of construction management, construction safety laws, rules and regulations, limited tendering, restricted tendering period shall not take part in a construction project.

    The same person of the legal representative or the presence of holdings and are holding two or more units shall not be in the same tender bids. 25th a bidder shall, before the bid closing time, the tender document sealed delivered to a designated location.

    After receiving the bid documents of the Tenderer shall issue a signed certificate, may not open before opening the tender document. 26th a bidder in the tender prior to the deadline, you can add, modify, or withdraw the bid documents submitted and inform the tenderer in writing.

    Add or modify content as part of the tender documents.

    Bidders to adjust the offers in the tender documents shall be attached with the detailed content and price adjusted price for the final bidding.

    27th tenderer requires bidders to provide bid security shall clearly specify in the tender document, but shall not exceed the limits provided for in laws, rules and regulations.
28th tenderer with bidders without tenders in collusion with one of the following behaviors:

    (A) the tenderer in the tender messages before opening, or prompt the bidders to supplement, modify the content of the bidding documents;

    (B) the tenderer directly or indirectly disclose to bidders bidding, Evaluation Committee members and other confidential information;

    (C) the tenderer organization, instructed or suggested other bidders in a particular bidder the winning bidder or creating conditions facilitating

    (D) the tenderer request Credentials Committee or bid evaluation Committee to differentiate the applicants or bidders;

    (E) tenders provided for in laws, regulations, rules and other acts of collusion between bidders.

    29th a bidder may not have tenders in collusion with one of the following behaviors:

    (A) agreed to raise or lower the bidding;

    (B) for the purpose of a particular bidder the winning bidder or the exclusion of the other bidders and joint action;

    (C) belong to the same Association, Chamber of Commerce, such as members of the bidder, in accordance with the requirements of the Organization in a bid to take concerted action;

    (D) the laws, regulations and rules the provisions of other acts of collusion between bidders.

    30th a bidder shall not have the following in order to bid in the name of the behavior of others:

    (A) use other qualification or certificate of qualification bid;

    (B) other seal that is used when bidding, or signed by the legal representative of the other units;

    (C) the project leaders or the main technical personnel non-personnel of the unit;

    (D) bid securities transfer cheques, remittances and other means, but not from the bidder's account, by bank guarantees, bank draft or any other means, but not by the bidders to open a basic account issued by the Bank;

    (E) the laws, rules and regulations to other bids on behalf of others.

    31st a bidder shall not be under any of the following acts of deception:

    (A) the use of forged, altered or invalid certificate or qualification certificate and seal to bid;

    (B) forgery, misrepresented performance or financial position;

    (C) forge project leader or major technical, management professional curriculum vitae, proof of labor relations;

    (D) conceal the information required by the bidding documents, or provide false information;

    (E) other falsifications of the laws, rules and regulations.

    Fourth chapter bid opening, bid and bid Article 32nd bid opening shall determine the time and place of the tender documents.

    Opening hosted by the tenderer, and all bidders shall be invited to attend.

    Article 33rd bid documents, one of the following circumstances, the Tenderer shall not be accepted:

    (A) if delivered or not delivered to a designated location;

    (B) is not in accordance with the bid invitation documents require the seal;

    (C) constitutes a veto clause in the tender documents provision of inadmissible cases.

    34th bidder has any of the following circumstances, considered giving up bids:

    (A) the bidder's legal representative or authorized agent is not required to attend the bid opening;

    (B) the tender documents requires a project leader attend the opening and the project leader did not attend.

    35th bid established according to law by the tenderer's bid Committee. The bid Assessment Committee by the tenderer representatives and relevant experts in the technical and economic aspects. Legally required public bidding of construction engineering, Evaluation Committee members for 5 or more singular, representative of the Tenderer shall not exceed one-third. Representative of the tenderer should have intermediate professional title or building engineering qualification.

    Members of the Evaluation Committee of experts, by the tenderer should be randomly from a construction project bidding evaluation experts.

    Winning notification before the issue of lists of members of the bid Assessment Committee shall be kept confidential.

    36th member of the bid Committee, one of the following circumstances, made to the Tenderer shall take the initiative to withdraw; not active avoidance, tender man, urban construction and traffic administration departments or County construction administrative departments found, should immediately cease its participation in evaluation activities:

    (A) is the main responsible of bidders and their close relatives;

    (Ii) staff of the Department or departments for administrative supervision of the project;

    (C) economic interest with bidders interested, may affect the fairness of bid activity;

    (D) the tender, bid and others engaged in illegal activities in the tendering and bidding activities have received administrative punishment or criminal punishment;

    (E) other circumstances as stipulated by laws, rules and regulations.

    37th member of the bid Committee should be objectivity, impartiality and independence to carry out their duties, comply with professional ethics and the bid evaluation criteria established in the tender documents and the methods of evaluation, the tender documents are reviewed and compared.

    38th in bid evaluation process, the members of the bid Assessment Committee shall not be any of the following acts:

    (A) absent without leave or there is no valid reason for refusing to participate in evaluation activities;

    (B) withdrawal of the legal situation, did not shy away from;

    (C) accept inspired not just bid or interfere with other normal bid evaluation expert;

    (D) privately contacts bidders;

    (E) to receive benefits provided by the interested;

    (Vi) other prohibited conduct as prescribed by laws, rules and regulations.

    39th bidder has any of the following acts, dealt with by the bid Committee as invalid after bidding:

    (A) the tender and bid collusion between bids, the bidders bid-rigging, bidder to tenders or fraud in bidding on behalf of others;

    (B) tender documents without seal and legal representative or authorized agent signed or sealed by the legal representative;

    (C) the agent commissioned by the bidder has no legal and valid power of Attorney;

    (Iv) Consortium bid, bid documents are not attached to a consortium of joint bidding agreement;

    (E) the key elements of the bidding documents illegible, indecipherable;

    (F) the bidder's offer may be less than its cost, and the bidder could not reasonably explain or not accompanied by the relevant supporting documents;

    (VII) not in accordance with the requirements in the tender documents and clarifications or explanations;

    (H) the bidder set offers more than the tenderer's bid to control prices;

    (IX) constitutes a veto clause in the tender documents provision is invalid;

    (J) the laws, regulations, rules and regulations of the other bids invalid.

    Valid bidders less than 3 and apparent lack of competitive bid, bid Assessment Committee may reject all tenders, the Tenderer shall, invite tenders again. 40th after you complete the evaluation of the bid Committee, shall submit a written evaluation report to the tenderer and recommend successful candidate; authorize the bid Assessment Committee to directly determine the winning bidder of the tenderer, shall submit a written evaluation report and the successful candidates.

    The successful candidate should be limited to 1 to 3 and indicates the order. After review comments from members of the Evaluation Committee shall sign and take responsibility to review comments made by.

    Evaluation conclusions dissenting members of the bid Assessment Committee may, in writing, their views and reasons, Evaluation Committee members rejected in bid to sign on and does not explain the different views and reasons, as agreed with the evaluation conclusions, Evaluation Committee shall be made in writing and on the record.

    Article 41st must invite bids for construction projects, the Tenderer shall, from the date of receipt of the written report in the 3rd, sorted by successful candidate law determining the winning bidder, be publicized in the media and in the original tender announcement published no less than 3rd.

    Publicity was not received within the real-name reporting, statutory does not appear or the winning bidder cannot bid, the tenderer should be within 3rd since the closing date of the public notice issued to the winning bidder the winning bidder and determined that it was the winning bidder and inform all unsuccessful bidders the winning results. 42nd tenderer and the winning bidder shall bid in the 30th from the date the notice is issued, in accordance with the tender document tender documents and the winning bidder to conclude a written contract. The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract.

    Bid invitation documents require the winning bidder to submit performance guarantee, the winning bidder should be submitted.

    15th after the conclusion of the contract, the winning bidder contracts should be reported to the regulatory authority of construction contract for the record. 43rd tenderer should bid for 5th on the date the notice is issued, to the successful candidate bidders other than the refund of bid security.

    The tenderer and the winning bidder within 5th days of signing the contract and refund guarantees to other successful candidates.

    Bidder has any of the following circumstances, bid security is not refundable:

    (A) within the period of validity of withdrawal of tender documents;

    (B) after winning bidder's refusal to sign a contract with the tenderer;

    (C) not complying with the tender documents required performance security.

    Supervision and administration of the fifth chapter and the handling of complaints 44th of municipal construction and traffic administrative departments, district construction administrative departments when conducting supervision and inspection, right to access and view the documents, investigate, verify the information, and shall cooperate with related units and personnel.

    According to the actual situation, do not take the necessary measures would have irreversible consequences, urban construction and traffic administration departments, district construction administrative departments can take to suspend bidding, sealed bidding information and so on.

    Urban construction and traffic Administration Department or district and county administrative departments against illegal tendering of construction after you make a decision, in accordance with the relevant provisions of the disclosure of Government information should be timely publication of results.

    45th of municipal construction and traffic administrative departments and district and county administrative departments should strengthen the supervision and management of mark experts, on its ability to bid, evaluation of bids, incorruptibility, in conducting integrated assessments on a regular basis.

    Article 46th bidders and other stakeholders believe that bid not in accordance with the laws, rules and regulations, to the urban construction and traffic Administration Department or County construction Administration Department.
Complaints shall be in accordance with the tender provisions relating to complaints, real name written in a valid complaint, and provide evidence or valid clues.

    Complainants not through ways such as fabrication, falsification of documents or evidence obtained by illegal means and channel complaints with the material, nor may hinder normal bidding for the purpose of malicious complaints.

    47th city traffic administrative departments, district construction Administrative Department shall designate a specialized agency responsible for complaint handling and processing of specific work, clear complaints telephone, fax, e-mail address and mailing address, and through the State and this municipality designated media to the public. 48th city traffic administrative departments, heads of district and county administrative departments shall, from the date of receipt of the complaint within the 5th making admissibility decisions, as appropriate.

    Complaint handling conditions are met, but not the Department accepted complaints, inform the complainant in writing to complain to the relevant departments for administrative supervision. Urban construction and traffic administration departments, district construction Administrative Department on the subject of complaint and make treatment decisions, shall be notified in writing to the complainant, the respondent and other results the parties involved in the complaint.

    Complex does not make a decision within the prescribed period, approved by the heads of departments, may be appropriately extended, and shall inform the complainant and the respondent.

    The sixth chapter legal liability

    49th article violation of the provisions of article sixth of the tenderer, any of the following acts, shall be ordered to correct within a project contract, can amount to 10 per thousand of the:

    (A) must bid without bidding according to law;

    (B) according to law must be tendered construction parts or by any other means of circumventing the tender;

    (C) in the form of provisional estimate included in the contract within the scope of materials, important equipment and professional engineering, shall tender according to law without a tender.

    50th tenderer in violation of this provision, violation of invitation to tender, shall be ordered to correct within a fine of 200,000 yuan, directly responsible for unit managers and other persons subject to a unit of 10% fine.

    51st tenderer in violation of the provisions of article 11th, 12th, 20th, 21st, 23rd and 42nd article does not fulfil the relevant filing or reporting procedures, shall be ordered to correct; it fails, fine of 30,000 yuan, from 6 months to 12 months may not participate in bidding activities, related offences included in your credit record.

    52nd article tender people violation this provides 13th article, and 14th article provides, not through national or this city provides of newspaper, and information network or other media released tender announcement, or tender announcement content not meet provides requirements, effect potential bid people application qualification pre or bid of, should ordered deadline corrected; late not corrected of, at 30,000 yuan fine, 6 months within shall not participation related enrollment bid activities, related violations meter into credit records.

    53rd tender, bidders had to the provisions of article 28th, 29th, 30th, 31st, as one of the acts listed in article, apart from the penalty, 1 year to 3 years may not participate in bidding activities, related offences included in your credit record.

    54th related persons participate in the tender for violations of the provisions of article 35th, disclosure of the bid evaluation committee membership 6 months may not participate in bidding.

    55th member of the bid Committee had provided one of the acts listed in article 38th and give a warning, confiscation of property and received fines of between 10,000 yuan and 30,000 yuan, cancel the qualifications as members of the bid Assessment Committee shall not participate in any legally required tender bidding of construction project constitutes a crime, criminal responsibility shall be investigated according to law.

    56th tenderer in violation of the provisions of article 41st, publicity is not required or given notice of bid, rectification, and a fine of 30,000 yuan.

    57th tenderer and the winning bidder breaches the provisions of article 42nd, not in accordance with the tender document tender documents and the winning bidder to conclude a written contract or tender, the winning bidder set a departure from other agreements about the substance of the contract, shall order rectification may be bid amount fines of 10 per thousand.

    The tenderer and the winning bidder not enter into a written contract within the statutory time limit, shall be ordered to correct; and a fine of 30,000 yuan.

    Article 58th of administrative punishment and related measures by the urban construction and traffic administration departments, County Building Division of responsibilities for the executive authorities to implement.

    59th bidding of construction engineering supervision and administration functionary, abuse of authority or neglect their duties, of any of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) failing to discharge the responsibilities of the record;

    (Ii) not to investigate and punish illegal tendering;

    (C) other breach of supervision and management of construction project bidding.

    60th city traffic administrative departments, district administrative authorities when investigating illegal tendering of construction engineering and related violations should be found by the discipline inspection and supervision departments or other administrative departments for processing, it shall transfer the relevant departments.

    The seventh chapter by-laws

    61st construction project must be tendered according to law, any of the following circumstances, upon approval by the municipal construction Administrative Department of traffic, you can tender:

    (A) determined by the relevant authority for projects involving national security, State secret;

    (B) the main technology of a particular patent or proprietary technology;

    (C) the tenderer's own qualified, able to survey, design, construction, supervision, provision of goods or services;

    (D) the subsidiary minor works or subjects of the construction in progress additional storey works, the original winning bidder still has the contract;

    (V) production, postponed construction projects, the original contractor has not changed and still have contracted capacity;

    (F) planning stage of construction engineering design has been involved in the construction of the preliminary project design or preliminary design and not give the design bidding;

    (VII) other circumstances as stipulated by laws, rules and regulations.

    Construction tenders for key construction projects in the city, in line with the provisions of the preceding paragraph, approved by the municipal people's Government will not tender.

    62nd water conservancy construction engineering bidding and tendering activities of professional supervision and management by the water management departments in accordance with the Division of responsibility.

    63rd the provisions in the "3rd", "5th" refers to working days, excluding holidays. 64th of these provisions come into force on January 1, 2011. Released July 2, 2003 city people's Government, published by the Municipal Government of June 30, 2004 revision of the Tianjin construction engineering bidding and supervision and management regulations (2004 municipal people's Government, the 61st) repealed simultaneously.