Building, Zhuhai, Zhuhai City People's Government On The Revision Of The Relevant Provisions Of The Administrative Measures For Bidding Decision

Original Language Title: 珠海市人民政府关于修改《珠海市建设工程招标投标管理办法》有关条款的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257724.shtml

Building, Zhuhai, Zhuhai city people's Government on the revision of the relevant provisions of the administrative measures for bidding decision

    (February 23, 2010 in Zhuhai city people's Government announced come into force on the date of promulgation, 72nd), Zhuhai city people's Government for decision of the tendering and bidding management of construction engineering in Zhuhai city of the 30th paragraph modified as follows: 30th article is revised as follows: tenders may require bidders to submit a bid bond. Bid security amount typically bidding limit of 2%, General Contracting, construction projects, construction, equipment and materials procurement tenders not exceeding 5 million Yuan, other bidding shall not be more than 1 million Yuan. Using the lowest bid evaluation method of earthwork, bid a maximum bid limit of 5%, and is not restricted by the maximum amount above 5 million Yuan.

    Of the bid expiry date should exceed validity of bid at least 30th.

    The Zhuhai construction project tendering and bidding management of corresponding amendments shall be made according to this decision, is now republished.

    This decision shall come into force as of the date of.

    Annex: tendering and bidding management of construction engineering in Zhuhai City: Zhuhai tendering and bidding management of construction engineering (revised 2010)

    Chapter I General provisions

    First to standardize construction project tendering and bidding activities, in accordance with the People's Republic of China bidding law and related laws and regulations, combined with the city's actual, these measures are formulated.

    Article in accordance with this approach should be undertaken within the administrative area of the city bidding of construction engineering bidding and tendering activities, these measures shall apply.

    Construction projects in these measures refers to all types of buildings and municipal infrastructure engineering, transportation engineering, hydraulic engineering, power engineering and the related ancillary facilities, supporting the wiring, plumbing and equipment installation engineering, decoration engineering.

    Construction mentioned in these measures refers to the various construction projects General Contracting, survey, design, consulting, bid invitations, supervision, construction, equipment and materials procurement and bidding for other items associated with construction projects.

    Article III of the municipal development and reform Department is responsible for the city's construction engineering bidding and tendering activities of guidance and coordination.

    Municipal construction administrative departments are the city's administrative supervision departments of construction project tendering and bidding activities, responsible for the city's bidding of construction engineering supervision and tendering agency management.

    City, transportation, water conservancy, electric power and other related trade authorities assist the municipal construction Administrative Department to supervise the construction project tendering and bidding activities in related industries.

    , Public resource Exchange Center, construction project Exchange Center, is responsible for the supervision and management,, construction project Exchange Center, coordinating relationships with relevant government departments, is responsible for municipal construction project bidding evaluation experts set up training, assessment, management, and evaluation experts.

    , Administrative supervision departments shall participate in the tendering and bidding activities of State organs, public institutions, State-owned enterprises and their staff monitor, check the relevant departments and their staff to perform their duties, investigation and handling of violations.

    To tender fourth according to the method of construction project tendering activities should be carried out, construction project Exchange Center.

    Municipal construction project trading center is responsible for the tendering and bidding activities provide a forum, information and advisory services.

    Municipal construction project trading center should gather relevant information, keeping the bidding activities.

    Article fifth tender and bid activities shall conform to openness, fairness, and honesty and credit principle of Justice, against malicious price competition.

    In accordance with this regulation should be tender of construction works, the tenderer should budget, budgeting, tendering of construction project bidding, construction process of significant change, acceptance, payment conditions, in the related work or finish within ten working days of the date announced by Government-designated sites and subject to public supervision.

    In accordance with this regulation should be tender of construction works, the tenderer and the winning bidder and the bid of the tenderer's legal representative, project leader, according to their respective areas of responsibility to assume lifelong responsibilities of construction quality.

    Sixth no unit or individual may illegally interfering in bidding activity in any way.

    Chapter II scope of tenders and

    Article seventh tenders into tender or invitation to tender.

    Eighth using state-owned, collective funds or State financing of construction plan of Guangdong Province as well as in national, large and middle scale or key capital construction projects, in line with one of the following circumstances, tenders shall be:

    (A) individual contracts for amounts of more than 1 million Yuan construction project General Contracting and construction;

    (B) individual service contracts amount to more than 150,000 yuan cost consulting, tender agent;

    (C) individual contracts valued above 500,000 yuan of construction equipment and materials procurement, construction project investigation, design, supervision and other construction-related projects.

    The district (including economic) tendering of government investment projects should be carried out in accordance with the contract value of more than 50% perform each town tendering of government investment projects should be carried out in accordance with the contract value of more than 20% perform, except for cost consulting, tender agent, multi-level government investments, identified in accordance with project proponents.

    In accordance with the provisions of relevant laws and regulations are assigned a mandatory review, inspection, surveying and other services without tenders.

    Nineth should tender all construction projects using the State-owned and collective funds or State-owned, collective funds accounted for the holding or leading position, as well as large and medium or included in the Central Government, the Guangdong provincial planning key capital construction projects should be tender.

    Tenth article should tender of construction works, confirmed by the municipal development and reform Department meets any of the following circumstances, the municipal development and reform commissions in accordance with the provisions for approval after the invitation to tender:

    (A) the technical complexity or with special technical requirements, only a few potential bidders to choose from;

    (B) national security, Privacy Department as relates to national security and State secrets, proper tender but not open tender;

    (C) subject to natural resources or environmental conditions;

    (D) use of State-owned and collective funds and State-owned, collective funds do not account for the holding or leading position;

    (E) the provisions of laws, administrative regulations or the State Council.

    Article 11th should be tender of construction works, confirmed by the municipal development and reform Department meets any of the following circumstances, after approval by the municipal development and reform commissions reported to the municipality tenders may not be:

    (A) the municipal State Security Department found that involves national security, secrecy departments involving State secrets, or not suitable for bidding;

    (B) resumed after a freeze or postponed construction, and the winning bidder has not changed;

    (C) enterprises or units built for personal use, and enterprise or unit or its wholly owned subsidiaries or unit level of qualification in accordance with construction requirements;

    (D) the uses of a particular patent or proprietary technology;

    (E) construction in progress additional an integral subsidiary of minor works with the main project or add project, and the winning bidder is still Contracting;

    (F) in accordance with the prescribed procedures after two failed to tender;

    (G) the provisions of laws, administrative regulations or the State Council.

    12th can not tendering for construction projects, the construction unit shall, in accordance with an open, fair and impartial principles selected contractors.

    Government investment projects, the construction unit shall from the date of signed contract within 15th employer contracts submitted to the peer development and reform Department and financial department.

    Feel free to expand the scope of contract after signing the contract, increased costs, or cost, development and reform Department and financial Department should suspend or suspend the allocation of funds for project implementation.

    13th development and reform should be in accordance with the tendering of construction engineering organization, tendering, tender approval. Need to approve a feasibility study should be approved in feasibility study stages; without approval by feasibility study feasibility study must be carried out before approval or bidding, can be individually approved.

    Separate approval, development and reform Department shall, within ten working days to complete an approved work.

    Approval is required after changing the tender forms, modes of tendering, tender, the Tenderer shall re-apply for approval.

    Development and reform Department within three working days from the date of approval of the approved documents, administrative supervision departments, cc.

    14th no unit or individual may will have to tender construction parts or in any other way to Dodge tender.

    No units or individuals will have to tender the tender outside the scope of a number of subject construction projects breaks down into several individual contract or direct the employer's actions can be seen as avoiding tendering.

    Chapter III tenders

    15th a tenderer meets the following conditions, you can arrange the tender:

    (A) the project legal person or a legal person;

    (B) is adapted to the size and complexity of the project and bidding economic, technical, financial and management expertise;

    (C) the special tender personnel working in institutions or more familiar with the bidding;

    (D) has the ability to prepare bidding documents and organizing bid;

    (E) knowledge of relevant laws, rules and regulations.

    The tenderer does not meet the above criteria and tendering agency agent shall entrust a qualified bid.

    Any unit or individual designated by the Tenderer shall be compelled to entrust a procuratorial Agency.

    16th tendering Agency is has bidding qualification issued by the competent administrative Department of legal persons or other organizations.

    Other than noted, this approach with regard to tendering requirements also apply to tendering Agency.

    17th tenderer with the tender agent to enter into a written contract, in accordance with requirements and agreed to pay service charges.
Procuratorial Agency shall permit qualification and principal-agent tender matters within the scope of the Tenderer shall not be unauthorized Agency and ultra vires Agency shall not knowingly entrusted matters in violation of the relevant provisions of the Agency and shall not accept proxy bidding the tender agent and the tender of the project business, may not be transferred the procuratorial tender business.

    The Tenderer shall, in accordance with provisions of article 18th preparing prequalification documents and the tender documents, tender notice is published or issued invitations, acceptance of tender application, organizations tendering eligibility, determine the opening time and place, organize bid opening, bid assessment, determine the winning bidder.

    19th construction project bidding should be in accordance with the order under the capital construction program.

    General Contracting for construction projects, as well as surveying, designing, consulting, tender agent, supervision of tendering, shall comply with the following conditions:

    (A) shall handle the project approval document development and reform has been made in accordance with the provisions of the project approval documents;

    (B) the scope of tenders, tender, tender has been made the approval documents of the Organization;

    (C) appropriate sources have already been implemented.

    Construction engineering, construction and construction-related equipment and materials procurement, in addition to the above conditions, shall meet the following conditions:

    (A) shall conduct construction project planning permit of construction project planning permit has been made in accordance with the provisions;

    (B) the design fit for the provisions both of the bidding documents and technical information.

    Article 20th tender should use the municipal construction administrative departments in preparing prequalification documents model texts and tender document model.

    The prequalification documents and the model allows the tender required set of relevant content, shall be subject to this approach of relevant provisions and the principle of openness, fairness and justice,.

    21st before the Tenderer shall issue a tender announcement, the prequalification documents and solicitation documents submitted to the municipal construction administrative departments, municipal construction Administrative Department should be completed within three working days of the record.

    Municipal construction Administrative Department shall set forth the prequalification documents and whether the tender documents in accordance with provisions of laws and regulations for approval, prequalification or tender documentation found violations of legal regulations, it should be pointed out to tender, the Tenderer shall be in the prequalification or tender documents issued before to correct.

    In accordance with the provisions of the tender, the Tenderer shall renew the prequalification documents and the tender documents for the record.

    22nd prequalification or tender documentation after a record need to be changed, the Tenderer shall submit a written application for re-registration.

    Prequalification or tender documents have been issued, the tenderer should at least before prequalification application deadline 5th or at least 15th will be modified prior to the bid closing or modifications of the prequalification documents or tender documents issued to all bidders. Article 23rd open tender, the Tenderer shall, in accordance with the provisions published a tender notice.

    Tender notice shall at least on the Zhuhai construction engineering information network publishes notice not less than five working days.

    Invitation to tender, the tenderer should provide three or more has to undertake the project capacity, good reputation of bidder a written invitation. The tenderer may not terminate the tender.

    Special circumstances need to terminate the tender, the Tenderer shall state the reasons in writing and reported by the municipal construction administrative departments following the termination of tender notices, notify all bidders participating in the bid to stop bidding and bears responsibilities due to termination of tender.

    Article 24th tender notice or the invitation to tender shall contain the following:

    (A) project name, address, contents, size, sources of funding and availability;

    (B) the tender project tendering, evaluation methods, estimates or budget pricing, quote requests, finish, quality requirements;

    (C) the qualifications of bidders, bid amount and manner;

    (D) tenders, address, mode of the list;

    (E) obtaining prequalification or tender documents of the time, address, cost;

    (F) the tenderer and the tender agent institution name, contact information.

    25th Tenderer shall, in accordance with the tender notice or invitation to tender provided for time and place of issuance of prequalification documents or tender documents, payment period shall not be less than five working days.

    By construction engineering information network of Zhuhai distribution of the Tenderer prequalification documents and solicitation documents, bidders should be allowed to download.

    26th a bidder needs the tenderer before answering the questions should be a prequalification application deadline at least 3rd or at least 10th prior to the deadline for submitting bids made to the tenderer. Tenderer pre-qualification of bidders to read documents, tender documents and site survey's questions, shall be in writing to answer.

    Before answering is made shall be submitted to the municipal construction administrative departments, municipal construction project trading center for the record.

    Q/a prequalification application deadline should be at least 2nd or at least 7th before bid closing to all get the prequalification documents or tender documentation of the bidder.

    Tender through the issuing of construction engineering information network of Zhuhai city checks, bidders should be allowed to download.

    Answers should include the scope of the bidders to put forward all the relevant questions.

    Answer questions as part of the prequalification documents, solicitation documents shall not violate the essence of the prequalification documents, solicitation documents.

    Bidder according to the prequalification documents, solicitation documents, site survey and answering all liability arising from judgements and decisions made by the bidders themselves. Bidder prequalification or tender document dissent, pre-qualification shall be applied for before the closure of at least one working day or made at least five working days before the deadline on bids.

    In excess of the prescribed time period, in addition to prequalification or tender documents cases of violations, municipal construction Administrative Department is no longer accepting any prequalification documents or objection of the tender document.

    27th tenderer should ensure the fairness and impartiality of the bidding process, shall not be disclosed to others in violation of the relevant provisions have to get prequalification documents or tender documentation of the bidder's name and quantity as well as the effects of unfair competition in other cases, bidders shall not separate or divide organization site.

    28th Tenderer shall reasonably determine validity of bid, bid validity period shall commence from the date of bid closing.

    Requires extension of validity of the tender, the Tenderer shall be notified in writing before expiration of the original tender validity period to all bidders.

    Bidders agree to extend, there should be a corresponding extension of validity of bid security; bidders refused to extend, failure of bidding, bidders can bid recovery.

    29th Tenderer shall reasonably determine the bidders to prepare applications for prequalification and bidding documents required time:

    (A) the time for preparation of pre-qualification applications since the beginning of the prequalification documents from the date of issue to bidders to submit a prequalification application deadline date, minimum of not less than 7th;

    (B) the time of the preparation of the tender documents from the date of tender documents issued until the date of bid closing, the shortest shall not be less than 20th.

    Simple or special circumstances need to shorten time shall, with the consent of all have acquired the prequalification documents or tender documentation of the bidder's written consent. 30th a tenderer may request bidders to submit a bid bond. Bid security amount typically bidding limit of 2%, General Contracting, construction projects, construction, equipment and materials procurement tenders not exceeding 5 million Yuan, other bidding shall not be more than 1 million Yuan. Using the lowest bid evaluation method of earthwork, bid a maximum bid limit of 5%, and is not restricted by the maximum amount above 5 million Yuan.

    Of the bid expiry date should exceed validity of bid at least 30th.

    Can require the winning bidder to submit a performance guarantee of the tenderer, shall not be less than the amount bid limit of 10%.

    Tenderer can require the winning bidder to submit a bid price and tender offer CAP as the difference between the performance security, if the difference is less than the bid price calculated in accordance with 10% 10%.

    In addition to the difference between the performance guarantees, bid to require the winning bidder to provide performance guarantees, should be simultaneously provided to the winning bidder in the same way, the equal guarantee of payment.

    Building services tender, the tenderer may require the winning bidder in accordance with 10% of the total investment in construction projects submitted performance bonds to guarantee.

    31st a tenderer may request bidders using cash or an irrevocable bank letter of guarantee.

    Article 32nd tender shall be in one of the following four types of evaluation methods:

    (A) the lowest bid evaluation method, applicable to all tenders.

    Lowest bid evaluation method refers to determine valid bidders with the lowest bid winning bidder.

    Cut and fill techniques such as earth-moving project should use the lowest bid evaluation method of simple.

    (B) the lowest price bid evaluation method, applicable to all tenders.

    Bid evaluation method refers to determining the reasonable low price below and the most effective bidding an average of nearly all the bidders the winning bidder.

    First qualifying bid following the valid bid for the average five or more, effective bid price below the average for the first time should be a valid second average bid, identified below and the nearest secondary average effective bidding bidders the winning bidder.

    (C) a two-stage bid evaluation method, applied to the project General Contracting, construction contract bidding, construction contract bidding.

    A two-stage bid evaluation method refers to the first stage through technology, performance, credibility assessment to determine scoring the highest of three bidders entered the second phase of economic assessment, identify effective bidders with the lowest bid winning bidder.

    (D) integrated assessment methods, applies only to the investigation, design, consulting, supervision, equipment and materials procurement and other construction-related projects.

    Comprehensive assessment methods is through technology, performance, reputation and economic comprehensive review scores the highest bidders in tender evaluation to determine the winning bidder.

    Two-stage bid evaluation method and comprehensive evaluation method of technical bid document for sealed bid, bids should not appear related to identity and judge bidder, express or implied.

    Bidding can mean after a review of the tender offer, specific measures for review by the municipal construction Administrative Department separately.
Municipal construction administrative departments can develop simple or special circumstances applicable to other evaluation methods.

    Article 33rd predictable is often the city, transportation, water conservancy and other maintenance repairs shall each year by way of open tender primaries more than three qualified contractors, maintenance it requires repairs in random ways to determine the specific contractors.

    34th article should be the preparation of budget estimates and budget of construction projects, the Tenderer shall publish estimates and budget price.

    Construction project budget estimates, the budget should be implemented for the preparation of the design documentation, follow the safe, beautiful, environmentally friendly, energy-saving, practical principles, economic infrastructure, construction period the influence of various factors fully into account.

    Establishment of various departments in charge of industry government investment construction project budget estimates, budget review, and the budgetary performance of the supervision and inspection system.

    35th bidding for construction engineering quantity list valuation method should be used.

    Surveying, designing, consulting, bid invitations, supervision, equipment and materials procurement and other items associated with the construction tender and the valuation method used shall comply with the relevant provisions. Need to set the bidding limit, lower limit, imposing limits on bid price shall not exceed budget.

    Government guidance prices, bidding limit and lower limit set shall conform to the relevant provisions.

    Tender bid to reserve funds set up and use shall comply with the relevant provisions of reserve capital ratio generally should not exceed the budget ceiling price of 5%.

    Article 36th tender documents shall clearly contract payment and settlement.

    Construction shall generally be in accordance with the construction schedule each month to pay the contract price, shall be completed in accordance with the service schedule regular payment of contract price or delivery of the goods, pay the proportion that completed contract work should be 80%.

    Settlement in construction and acceptance or service or full delivery is completed within 90 days of the date of acceptance of the goods completed settlement payments shall not be lower than the closing price of 95%.

    37th Tenderer prequalification or qualified bidder after eligibility, prequalification evaluation preferred way, post-qualification manner consistent with reviews.

    Prequalification of tenders can be invited by the annual government investment construction project, and the specific measures shall be separately formulated by the municipal government.

    Other than noted, these measures regarding bidding rules also apply to prequalification and qualification.

    Article 38th of prequalification documents shall, in accordance with the tender needs, setting the necessary eligibility requirements and additional merit criteria.

    Prequalification, construction project Exchange Center, reviews should be carried out.

    Prequalification Review Board number should be the singular of three or more, other than a representative of the tenderer, the other members shall, within the municipal construction project bidding evaluation experts determined by random.

    39th prequalification in the following ways:

    Prequalification Review Board under the prequalification documents as the necessary qualifications and additional merit criteria assessment criteria, first on whether bidders met the necessary qualifications for accreditation.

    Meets the necessary qualifications of the bidder should be re-tendered with fewer than six; six per cent below the age of 12, meet the necessary qualifications bids per capita for qualified bidders; more than 12, the tenderer can order additional merit criteria scores from high to low, select as not less than 12 bidders qualified bidders. Performance, credit file submitted by the bidders should be accompanied by can provide valid contact details of the competent administrative Department of the query.

    Bidders do not comply with the required effective contact, regarding performance, credit file will be rejected.

    40th after the completion of prequalification, the Tenderer shall review signatures of all the members of the Commission review report for the pre-qualification, construction project Exchange Center archive, submit, review report shall include the following information:

    (A) submission of prequalification of bidders list;

    (B) the original records;

    (C) the list of qualified bidders.

    41st after the completion of prequalification, the Tenderer shall, within three working days notice in eligibility for the pre-qualification of bidders. Pre-qualification of bidders on the results of the objection shall be raised at least five working days before the bid closing.

    In excess of the prescribed time period, in addition to the prequalified bidders exist disobey article 50th or pre-qualification activities there are cases of violations, municipal construction Administrative Department is no longer accepting any prequalification results opposition.

    42nd prequalification review comments are limited to the prequalification stage as a basis for selecting qualified bidders, no unit or individual may, on pre-qualification assessment guided Evaluation Committee evaluation.

    Article 43rd after the completion of prequalification, the tenderer may not on the bidder's performance and credibility assessment.

    After the completion of prequalification, due to the number of violations was cancelled and bidding qualification of bidders more than one-second of the total number of qualified bidders should be re-tendered.

    Due to violations was cancelled and bidding qualification of bidders are not permitted to participate in the tender bid.

    44th tenderer not industry or area restrictions, increased qualification levels or General Contracting qualification additional professional contracting qualification to exclude or limit the potential bidders, bidders are required to have two or more qualifications, should allow the Consortium bid to bid.

    In addition to the bidder must comply with the conditions, according to law, tender setting conditions shall conform to the following provisions:

    (A) surveying, designing, consulting, tender agent, supervisor and other projects associated with the construction project bidding, setting the tender conditions can only be limited to the enterprise or unit qualification categories and levels, project leader qualifications and the professional titles of content in categories and classifications;

    (B) the bidding set the tender conditions can only be limited to enterprise or unit qualification categories and grades, project leader qualifications and professional titles in categories and grades, licensing, production and installation of safety production license content;

    (Iii) equipment and materials procurement the tender conditions can only be limited to set safety license the content, production and installation permits.

    Tenderer may refuse to bid-rigging, bribes means making bid or serious offence such as fraud in obtaining bid bidders to bid on construction projects, within the five years prior to the effective time for bidding, valid from the date of tender notice issued in the month is counted.

    45th tenderer can set about the bidder's performance, reputation, project organization, technology, facilities, equipment, parameters, material supply and transport distances, the city's permanent branches, as well as the individual's qualifications, professional titles, performance, reputation and other content as a matter of review.

    Set performance, reputation and other reviews of the tenderer should be closely connected with bidders bidding for completed projects, individual performance, credit is valid for five years prior to bidding, enterprise or unit performance, credit is valid for three years prior to bidding, valid from the date of tender notice issued in the month is counted.

    Performance, the credibility of the evaluation criteria should correspond to the nature and scale of the project, but due to the nature of the project special small or large number of potential bidders could not be valid except for full competition.

    Tender setting the number of facilities and equipment and parameters, material supply, and transport distances and permanent branches in this city and personal qualification, professional titles assessment matters only as a matter of review of meet or not, not as a matter of optimization review.

    Set equipment number of the tenderer and the parameter or as a matter of review materials supply and transport distances, should provide a basis for setting.

    Set on the bid of the tenderer who in this city, this province, performance, credibility, a permanent establishment as a matter of good review shall follow the principle of fairness and reasonableness, score may not pose a significant impact to determine the winning bidder.

    Under the same conditions, bidders in this city, this province's track record, reputation, permanent establishment as a priority selection criteria for selecting the winning bidder. 46th tenders shall not specify a particular piece of equipment, materials, and technology.

    Special circumstances of specific equipment, material and technology must be specified, and should provide more than three have similar standards of equipment, materials, technology allows the bidder to choose.

    The tenderer designated country, Guangdong Province and Zhuhai city, promoting the use of a patented new equipment, new materials, new technology requires a prior written approval of the consent of the relevant competent authority.

    47th tenderer bids set by application conditions, bid bond, performance bond, contract payments, assessment methods and other lead bidders less than six, considered as exclusion or limit the potential bidders, but potential bidders in accordance with the relevant provisions except those less than six.

    48th article prepared by the Tenderer prequalification documents and tender documents bear full legal responsibility.

    Issued by the municipal construction administrative departments found that the Tenderer prequalification documents or tender documents in violation of the law, regulations, rules, and regulations, whether or not they have the winning bidder is determined, may according to law shall be ordered to correct.

    49th tenderer can be produced in accordance with provisions charged to the bidder prequalification documents or the reasonable cost of the tender documents and further particulars of the deposit, information security deposit should be returned to bidders return data at the same time.

    Fourth chapter bid 50th bidder is responsive and participates in bid competition, legal persons or other organizations, except as otherwise provided by law.

    Bidders shall also meet the following conditions:

    (A) meet the requirements of the tender documents and bidding qualification;

    (B) there is no cancel penalties within the term of validity of tenderers;

    (C) is not in suspend or bankrupt State;

    (D) is not the decency restrictions permitted by laws and regulations of the State.
Any affiliate of the tenderer, or provided to the project feasibility study, survey, design, consulting and project management services to any corporation and its subsidiary bodies, shall participate in the bidding of construction engineering.

    Supervisor and engineer and the engineering design, construction, equipment and material suppliers have affiliations or other interested, shall participate in the tendering of construction works.

    Bidders at the same time prohibiting affiliation to bid on construction of the same.

    Against the same project leader or technical owner both more construction bids.

    51st two or more legal persons or other organizations may form a consortium for the bidders, to jointly submit a bidder.

    Tenderer may be forced to form a consortium of bidders bidders to bid. 52nd Commonwealth bidder shall have the appropriate capacity to undertake the project.

    State regulations or provisions of the tender documents qualifications for bidders, each party to the consortium shall have the prescribed qualifications.

    The same professions or categories of bidder consortium of bidders, according to level of qualification in lower unit to determine qualification levels.

    53rd Consortium bidder shall be signed by all members of the Consortium bidder's legal representative or authorized person signature joint bidding agreement, intends to take on the tasks and responsibilities of the parties expressly agreed upon.

    Consortium bid joint bidding agreement shall be submitted to the tenderer, joint bidding agreement is not submitted, the tenderer should reject the Consortium bid to bid.

    Consortium bid bid, the Consortium bidding parties shall jointly signed a contract with the tenderer, the winning project bid assume joint and several liability.

    Consortium bid after the parties enter into a joint bidding agreement shall not separate or other Consortium bid for the same tender bids.

    54th Consortium bidder qualification, if passed, composed of Consortium bid of any change should be in consent of the tenderer's written consent prior to bid closing.

    Consortium bid to compete after the changes reduce or contain without prior qualification of legal person or other organization, the tenderer may reject the Consortium bid to bid. 55th Consortium bid each Party shall designate one Organizer, organizers of the authorized representative of a consortium bidder is responsible for tendering and contract sponsors, the coordination of the implementation phase.

    Sponsors shall submit to the tenderer by the Consortium bid, all members of the legal representative or authorized person signature of authorized files.

    56th Consortium bidder shall submit a bid bond on behalf of the sponsors.

    57th bidders of bid documents shall comply with the substance of the tender document requirements and conditions. Performance of the bidder in tender documents submitted, credit files, queries should be provided together with valid contact information.

    Bidders do not comply with the required effective contact, regarding performance, credit file will be rejected.

    58th bidders shall tender prior to the deadline in accordance with the provisions of the tender documents of the time, amount, submission of a bid bond.

    Submit bid deposit must be in cash through bank transfers must come from the bidder's account.

    The bidder is not submitted in accordance with the requirements of the bid, as null and void the tender document shall not participate in bidding activities. 59th bidders shall tender prior to the deadline, bidding documents in accordance with the provisions of the tender documents be sealed delivered to a designated location, staff.

    No unit or individual may open bid documents prior to the bid opening.

    Shall refuse to accept the bid of the tenderer who had served after the tender closing time tenders documents, but provisions of the tender documents may be submitted after the bid closing time are excepted.

    60th bidders before bid closing time, you can add, modification, substitution or withdrawal has been submitted to the tender documents, add, modify content is part of the bidding documents.

    Bidders after bid closing time, no supplement, modification, substitution or withdrawal of bid documents, but provisions of the tender documents can be submitted after the bid submission deadline of some documents, tendering and bid evaluation Committee asked the bidders to make commitments or slight deviation correction except.

    61st bidder may bid-rigging or each other with tender, bidding Agency, bid Committee members of bid-rigging, may not allow other firms or individuals on behalf of the bidder bids shall not be less than the cost of bidding.

    62nd following acts are among the bidders bid-rigging:

    (A) the mutual agreement between bidder bidding;

    (B) among the bidders determine the winning bidder to bid again after;

    (C) submit tender deposit in cash, from different bidders tender bid came from the same person or the same account;

    (D) the different bidders entrust the same institution or at the same staffing prequalification or tender documents;

    (V) different bidder prequalification or tender documents form and contents format other than, or the same content much the same;

    (Vi) a different bidder prequalification or omissions of bids are not reasonably consistent;

    (G) the different bidders bidding market quotes part of rule changes;

    (VIII) a different bidder prequalification or tender documents contained or any other Member of the project management team have the same personnel;

    (IX) other acts of collusion.

    63rd following acts are very tender and the bidders bid-rigging:

    (A) the tenderer is a member and its close relatives bid-rigging or on behalf of the bidder to participate in bids;

    (B) the tenderer is a member and its close relatives in violation of the relevant provisions in the preparation of applications for prequalification or tender documents;

    (C) the tenderer pre-qualification assessment or before opening against the rules open the prequalification or tender documents, subject to prequalification or tender documents advised the other bidders, assist the bidder in removal, violation of provisions modified prequalification or tender documents;

    (D) the tenderer agree with bidders bidding;

    (E) the tenderer to determine the winning bidder in advance;

    (Vi) other acts of collusion.

    The fifth chapter Evaluation Committee

    64th needed technology, performance, prestige or economic bids evaluation of construction project bidding, the tenderer must be appointed in accordance with the regulations of the bid evaluation Committee.

    Evaluation Committee membership shall be determined by the bid opening, bid Committee members and should contact the winning bidder before the results confidential.

    65th Bid Committee by the tenderer representatives and experts in relevant technical, economic and other aspects. Evaluation Committee members should be five or more singular, should be within the municipal construction project bidding evaluation experts expert shall not be less than the total number of members determined by random two-thirds, representative of the Tenderer shall not be more than two people.

    Government-invested construction projects construction tender, the tenderer can appoint a representative to participate in the bid evaluation Committee.

    Representative of the Tenderer shall have the tender of the same type or similar mid-level technical titles or engaging in related fields for more than eight years, the Tenderer shall bid before the Conference the credentials of the representative of the tenderer, construction project Exchange Center, submitted for the record.

    Particularly complex or have specialized requirements for technology projects, municipal construction project bidding evaluation experts cannot provide the appropriate experts to special projects bidding projects, can be used by themselves to recommend experts, submitted to the municipal public resource after the Trade Center approval of Evaluation Committee for evaluation. 66th of municipal construction project bidding evaluation experts meet the requirements of the experts within less than 50 or the tender project contract value of more than 50 million Yuan, city public resource center can arrange offsite extraction specialists.

    Specific measures shall be formulated separately by the city Trade Center for public resources.

    67th the following persons may not serve as members of the Evaluation Committee:

    (A) in addition to representative of the tenderer the tenderer is a member of staff and their close relatives;

    (B) the bidder for workers and their close relatives;

    (C) the authorities or relevant departments for administrative supervision of the project personnel;

    (D) trained personnel with the tender and bid activities relating to penalties;

    (E) other persons shall withdraw in accordance with law.

    Members of the bid Assessment Committee shall take the initiative to apply for withdrawal.

    68th tender or bid Committee can recommend or elect a member of the bid Committee as head of the bid Committee, responsible for organization and coordination of matters relating to bid. 69th members of the bid Assessment Committee shall strictly abide by the bid evaluation discipline, independently in accordance with the tender documents to determine evaluation criteria, methods, objective and fair assessment of each tender document.

    Members of the bid Assessment Committee review comments to take personal responsibility to the individual.

    70th member of the bid Committee with any bidder or contact with the person who has an interest in the tender for the private, shall accept any bidders, intermediaries, property or other interests of other stakeholders.

    71st bid process needs assessment criteria and methods may affect the matters discussed in the tender documents and evaluation, should be organized by the head of the bid Committee all members of the bid Assessment Committee to brainstorm.

    72nd all members of the bid Assessment Committee independent review of quantitative scoring, are seven or more members of the bid Committee, shall remove a maximum score and an arithmetic average or the lowest score after the summary.

    Review far removed from most of the members of the Evaluation Committee members, more than removing a maximum and a minimum score of arithmetic average of plus or minus 30%, shall make a written statement, reasons.

    73rd tender bid Committee considers necessary to clarify the terms of tender documents, the tenderer should be clarified, but clarification may not depart from the substance of the tender documents.

    Evaluation Committee may require the bidder to bid documents ambiguous or inconsistent expressions necessary clarifications of the contents, clarifications or corrections, clarification, explanation or correction shall not exceed the bid file scope or change the substance of the tender documents.
74th major needs the consensus of all the members of the Evaluation Committee reviewed matters should vote a written resolution.

    After all members of the bid Assessment Committee resolution over one-second consent shall be deemed adopted, the resolution must not violate the laws, regulations and rules and the basic principles laid down in the tender documents, the resolution shall be subject to all members of the bid Assessment Committee sign. 75th member of the bid Committee for a written resolution or dispute evaluation results, to writing different opinions. Resolutions in writing of his refusal and the bid evaluation report signed and refuses to writing different opinions, deemed to have agreed to a resolution in writing, or evaluation conclusion.

    Evaluation Committee shall be made in the bid evaluation report description.

    In addition to the cases provided for in laws, regulations and rules, no unit or individual shall overthrow the bid Committee made a resolution in writing and evaluating results.

    Sixth chapter bid opening, bid, bid

    76th bids shall be opened in the bidding documents beforehand to determine the time and place of public, opening time deadline for bidding.

    77th opening hosted by the tenderer, and all bidders shall be invited to attend.

    Bidder's legal representative or authorized principal officials must attend the opening in accordance with regulations, the specific measures shall be formulated separately by the municipal construction Administrative Department.

    78th evaluation activities should be closed.

    Evaluation results, before the publication of bid participation unit or individual is allowed to privately contacts bidders in private any information disclosed to bidders bidding activity.

    79th of municipal construction administrative departments should send staff, opening bid, bid evaluation activities are undertaken in accordance with the prescribed procedures, and correct violations of the relevant provisions of the Act, but not in respect of the assessment relates to the substance of the comment or participate in the discussion of the bid Committee.

    Municipal construction project trading center staff shall assist the tender procedures pursuant to the provisions of bid opening, bid, with laws, regulations, rules and related documents, pointed out that procedural violations and disciplinary actions in a timely manner, but not in respect of the assessment relates to the substance of the comment or participate in the discussion of the bid Committee.

    Special circumstances leading to bid or bid could not proceed, related personnel a violation of procedure and disciplinary actions were noted still refuses to correct, discover other acts in violation of relevant provisions of the tender and bid activities, city, construction, construction project Exchange Center shall promptly report to the competent administrative departments.

    80th tenderer in all bid documents received prior to bid closing, shall check the condition of seals in public, except the provisions for sealed bid outside of the technical tender, tender documents shall be opened, and read out in public name and bid document read out the relevant content.

    Bidders can check their own bidding documents sealed.

    Tender document sealed after the check has completed, any units and individuals shall not be again objected to the bidding documents sealed.

    Technical tender number and number of restores should be carried out by the municipal construction Administrative Department staff. 81st tenders to the bid Assessment Committee shall provide and instructions important information, data for evaluation to answer evaluation questions posed by the Committee.

    Evaluation Committee should carefully study the bidding documents, familiar with the following:

    (A) the objectives, scope, and nature of the tender;

    (B) the basic requirements of the tender documents, standards;

    (C) the method of assessment criteria and the provisions of the tender documents and related factors;

    (D) relevant to the review form.

    82nd has one of the following, as an invalid tender document processing:

    (A) the bidder's legal representative or authorized trustee and officials failing to attend the opening, but, except as otherwise provided in the tender documents;

    (B) the tender documents are not submitted in accordance with the provisions of the tender documents to designated locations and personnel;

    (C) is not in accordance with the provisions of the tender documents for the tender documents sealed;

    (D) the different bidders bidding documents for content, data, a large number of identical, with apparent bid-rigging;

    (E) the bidder refuses to retify the subtle deviations;

    (F) the tender offer was significantly lower than costs or Government guidance pricing;

    (G) the bidder violates the provisions of article 50th;

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

    83rd article has any of the following circumstances, significant deviations, as null and void the tender document processing:

    (A) the bidder is not in accordance with the bid invitation documents require the submission of a bid bond;

    (B) tender documents have been bidders seal or not signed by the legal representative or person is authorized to delegate, it is dark except for the technical tender;

    (C) tender document formats that are not in accordance with the provisions of the tender documents, the main content is incomplete, or critical writing illegible;

    (D) the technical tender of the dark mark on the provisions not in accordance with the provisions of the tender documents hide bidders name, related names, and in addition to the project other than the project name related identity and judgment of bidders or implied;

    (E) the tender documents do not meet the requirements of the tender documents quoted, duration, quality, technical standards, technical specifications and other substantive requirements;

    (F) the unacceptable conditions of the tenderer the tender documents or false documents;

    (G) laws, regulations, rules or other significant deviation of the provisions of the tender documents.

    84th minute bias refers to the tender documents in response to the bid invitation documents require the in essence, but in secondary content, subtle errors or incomplete technical information, data and other information provided by, corrections will not be unfair to other bidders after the results.

    Tender or bid evaluation Committee shall be made in writing to require the bidders to bid before the end of correction minor deviations bidder after the written consent to the making of corrections should be considered valid tender documents.

    85th effective bids less than three should be re-tendered.

    Use a two-stage bid evaluation method, the second stage evaluation to confirm a valid tender documents of less than three, in the first phase of the review effectively within the tender documents in accordance with the tendering documents and identified by the Evaluation Committee scores from high to low order, select backup.

    86th after bid opening, bid was over, except for the following cases, no further bid opening, bid have been validated during the tender documents as an invalid file handle shall not reverse bid evaluation Committee written resolution and evaluation results:

    (A) the winning bidder is a violation of the provisions of article 50th;

    (B) winning bidder documents belonging to the invalid file;

    (C) the bid, bid, bid invalid.

    87th Evaluation Committee should be completed after the tender to the tenderer to submit a written evaluation report, explicitly recommended the successful candidate list and order, it is recommended that the successful candidate should be qualified in less than three.

    The Tenderer shall, in accordance with the tendering documents and determines the sort order of the bid Committee, determine the top bidders the winning bidder. The Tenderer shall, in determining the winning bidder before the bidder negotiations on substance such as bid price or bidding plan.

    Design of tender, the tenderer before the winning bidder is determined to require the bidders to tender advice on programme design.

    Tenderer can bid candidates for field trips, field trips are limited to checking already sets out the content of the tender documents, tender decided to visit the successful candidate shall first set forth in the tender documents field trip evaluation standards and methods.

    Field reports, should include the Organization of field trips and site visits the evaluation criteria and methodology, and results of field trips. 88th tenderer bidding result in Zhuhai city construction engineering information online should be publication of at least two working days.

    Public notice expires without objection shall be sent to the winning bidder within three business days after notice of bid construction projects trading centers, the winning inform all unsuccessful bidders.

    89th after a winning bidder notice winning bidder has any of the following circumstances, deemed abandoned the bid, the tenderer the tender documents the winning bidder not acceptable except for the conditions of the contract:

    (A) expressly waives the successful bidder;

    (Ii) the tenderer cannot accept additional conditions;

    (C) the proposed tenderer cannot accept the relevant tender documents or the substance of the contract change requirements;

    (D) is not in accordance with the provisions of the tender documents signed a contract with the tenderer;

    (E) is not in accordance with the provisions of the tender documents to the Tenderer submitting the performance guarantee.

    Winning bidder to give up the bid, the tenderer may tender document requirements and determines the sort order of the bid Committee, followed by second, third-ranked successful candidate is selected as the winning bidder.

    Select rank second and third successful candidate as the winning bidder can lead to bidding result damage national interests, public interests or the legitimate rights or interests of others should be re-tendered.

    Retendering, gave up the winning bidders not permitted to participate in the construction of all bids.

    90th tenderer and the winning bidder shall bid within 30th of the date the notice is issued, in accordance with the tender documents, the winning bidder of the tender documents, bid price entered into a written contract, violations of the bidding documents, the winning bidder bids, bid price of the substance of the terms of the contract or other agreement shall be void. Winning bidder in the tender documents which promised construction project manager or technical owner in addition to force majeure shall not be replaced, but the tenderer or someone related supervision departments failing to perform their duties, dereliction of request unless it is replaced by the winning bidder.

    After the replacement of personnel performance, reputation, qualification personnel shall not be inferior to the original. 91st tenderer and the winning bidder should strictly carry out contract, should not be expanding coverage, increasing fees or costs.

    Need to expand coverage, increase fees or costs, he shall apply for approval.
Government investment projects, all eligible pay should be strictly within the scope of the contract price, needs to expand the scope of contract due to unforeseen reasons, increased costs or cost, but still within the budget range, according to the following pattern:

    (I) single amounts in 1 million Yuan, or 5% of the winning bid, an application shall be submitted by the tenderer, submit the sibling correlation can be implemented only after the written approval of the competent authority;

    (B) single amounts over 1 million Yuan, or bid price 5%, an application shall be submitted by the tenderer, the consent of the relevant competent departments at consent and submit peer development and reform can be implemented only after the written approval of the Department.

    Expand, increasing the part meets the tender conditions, should be tender.

    A tenderer shall at the same time expanding coverage, increasing fees or apply for cc administrative supervision departments at the cost of the record.

    92nd winning bidder should be in accordance with the provisions of the tender documents of the time, amount and manner to the Tenderer submitting the performance guarantee.

    93rd Tenderer shall bid within five working days of the date the notice is issued to bidders not as successful candidate refund bid, bid deposit of the successful candidate shall tender contracts with the winning bidder within five working days of the date returned.

    Cash submission of the bid, bid deposit must be returned to the bidder's account.

    94th of the following circumstances, the Tenderer shall be returned to the bidder's bid within five working days:

    (A) the tender terminates;

    (B) the tender failed need to tender;

    (C) the bidder refuses to extend the bid after the termination of the validity of bid validity period.

    95th of municipal construction administrative departments in a bid for publicity should keep all the bidders during the bidding documents are published after the expiry of, except in accordance with the provisions of the municipal construction project Exchange Center data should all transfer of the tenderer.

    The Tenderer shall sign the contract within five working days from the date of refund to unsuccessful bidders of bid documents.

    96th tenderer needs in whole or in part using the unsuccessful bidder's technical achievements or technical solution, shall obtain the consent of the bidder's written consent, give compensation.

    Design of tender, the tenderer to reach the tender documents requires but unsuccessful bidders can give different levels of financial compensation to compensate for the total cost of no more than 10% per cent of the contract value, the Tenderer shall be specified in the tender documents the scope of compensation and compensation standards.

    Seventh chapter complaint handling

    97th bidder or any other interested person thinks the tendering and bidding activities in violation of the law, regulations, rules and regulations, you can complain to the relevant departments for administrative supervision according to law.

    Tenderer or bidder involved violations of laws, regulations, rules and regulations, shall be filed with the municipal construction Administrative Department complaint.

    Concerned members of the bid Assessment Committee in violation of the law, regulations, rules and regulations, trading center complaints shall be filed with the city's public resources.

    State organs and their staff involved in violation of the law, regulations, rules and regulations, shall be submitted to the Municipal Administration Department.

    Involving the tender, bidders, the bid evaluation Committee members, State organs and their staff in violation of the law, regulations, rules and regulations, may be suspected of bribery, corruption or Crime Act, procuratorial organs complaints or reports shall be filed with the city.

    Other interested party means in addition to outside bidders, with the tender or bidding activity has a direct or indirect interest of legal persons, other organizations or individuals.

    98th name complaints, the complainants may not keep competitors shall not be false, in bad faith, impede the tendering and bidding activities normally.

    99th complaint should know or should have known that rights or interests are violated 10th within the complaint in writing of the date.

    100th written complaint should include the following:

    (A) the complainant's name, location, and valid contact information;

    (B) the basic facts of the complaint;

    (C) the relevant requests and claims;

    (D) effective clues and relevant supporting documents.

    The complainant is a legal entity, must be signed by the legal representative or authorized delegate, stamped with the seal of the complainants; complainant by other organizations or individuals, must be signed by the owner or the complainant himself, attach copy of valid identification.

    101th following complaint inadmissible:

    (A) the complainant and the complaint of the bidding and tendering activities of no interest;

    (B) the complaint is not specific, it does not provide a valid clues, it is difficult to verify;

    (C) the complaints did not sign the complainants true name and effective contact information, or on behalf of the legal complaint, complaints do not have legal representatives or authorized delegate signatures and not stamped;

    (D) exceeding time limits complaints;

    (E) the decision has been made, no new evidence of the complainant;

    (F) complaints have access to administrative review or proceedings.

    102th administrative supervision departments after receipt of the complaint shall be reviewed within three working days, depending on different situations made the following decisions:

    (A) time limits complaints, form, does not comply with the provisions of the inadmissible administrative supervision departments should be informed the complainant of the reasons for inadmissibility;

    (B) the time limit, form and content meet the requirements, but not admissible in this sector, it shall notify the complainant complained to other administrative oversight;

    (C) the time limit, form and content meet the requirements of, and be formally accepted.

    Administrative supervision departments decision to formally accept the official notice in writing within three working days of the date of acceptance, construction project Exchange Center and the suspension of contract tendering and bidding activities or suspension of the tenderer.

    103th survey departments for administrative supervision according to law, the complainant, the respondent, as well as members of the bid Committee and complaints related to the Parties shall cooperate with and provide relevant information and circumstances. 104th complaints prior to the decision, the complainant to withdraw the complaint, shall be made in writing, giving reasons.

    Administrative supervision departments can be seen in different situations, and decide whether to approve the withdrawal:

    (A) has confirmed there is an obvious violation of, and should not be allowed to withdraw, administrative supervision departments should continue to investigate until you make a decision; (B) withdraw the complaint without prejudice to the interests of the State, social and public interests or the legitimate rights or interests of other parties, should be allowed to withdraw complaints processing terminates.

    The complainant shall not be based on the same facts and reasons for the complaint.

    105th administrative supervision departments should be based on investigations and forensics, to review the complaint and make a decision in accordance with the following provisions:

    (A) the complaint lacks factual basis or legal basis, rejecting complaints;

    (B) the complaint is true, tender and bid activities violations do exist, in accordance with the laws, regulations, rules and regulations to deal with.

    106th is responsible for handling complaints of administrative supervision departments shall from the date of complaint within the 20th, making treatment decisions about complaints. Complex, unable to make a decision within the prescribed period, after approval by the heads of departments for administrative supervision may be appropriately extended.

    Administrative supervision departments should be informed of the decision to extend the complainant and the respondent.

    The eighth chapter legal liability

    107th tenderer has one of the following acts, illegal income shall be confiscated, as shall be punished:

    (A) the tender project does not have a tender, tender break a project or by using other means to circumvent tender, tender the amount fined not more than 5 per thousand to 10 per thousand;

    (B) should be an open tender does not open tenders, should complete the approval or ratification procedures are not performed, is not in accordance with the development and reform of approval or approval of the content of the tender, failing to publish tender notices, tender documents received after the deadline for submission of the tender documents, fined 30,000 yuan fines; the circumstances are serious, the tender invalid;

    (C) in violation of the relevant provisions with the bidders bid price or bidding plan for negotiations of substance, a warning shall be above influence the results of the bid, the bid invalid;

    (D) restrict or preclude potential bidders on unreasonable terms, fined 10,000 yuan and 50,000 yuan fine;

    (E) the use of provisions of the tender documents other than the assessment standards and methods, determine evaluation standard and method of preference or exclusion of bidders, prevent or restrict the competition between bidders and influence the results of the evaluation, the formation and composition of the Evaluation Committee does not meet the requirements, the bid invalid, fined 30,000 yuan fines;

    (Vi) disclosure of confidential bidding, fined 10,000 yuan and 100,000 yuan fine above influence the results of the bid, the bid invalid;

    (G) the bidders with bid-rigging, tender the amount fined not more than 5 per thousand to 10 per thousand; the winning bidder are participants in the bid-rigging, bid null and void;

    (H) shall be determined in accordance with the winning bidder or all bids were rejected by bid Committee to determine the winning bidder, the bid invalid, fined not more than bid amount 5 per thousand to 10 per thousand;

    (I) is not in accordance with the tender documents and the winning bidder of the tender documents, bid price contracts, signed agreement deviated from the substance of the contract, guarantees improved performance without authorization or forcing the winning bidder paid the construction funds, bid amount fined not more than 5 per thousand to 10 per thousand;

    (10) not according to provides will construction engineering of estimates, and budget, and tender bid, and construction process among of major changes, and completed acceptance, and settlement paid, situation through Government specified of website for announced of, not according to capital program provides of has order for construction engineering tender of, not made industry competent sector or development reform sector approved file free expanded contracting range, and increased costs or cost of, ordered corrected;
(11) errors due to obvious mistakes to expand coverage, increase fees or costs, according to the direct damage to the persons directly responsible for up to 1000 Yuan and 10,000 yuan fine.

    Tender one of the above acts, be directly responsible and other persons directly responsible for administrative sanctions in serious cases, revocation of administrative duties, and shall not be responsible for the management work of construction project within three years constitutes a crime, criminal responsibility shall be investigated according to law.

    Tender one of the above acts, at all levels of development and reform Department and financial department can suspend or suspend the allocation of funds for project implementation.

    108th tenderer who refused to sign the contract with the winning bidder, bid security should return double the winning bidder; not required to submit bid security or cause loss of bidders more than bid amount, the Tenderer shall compensate for the losses.

    Losses due to extension of validity of tenders to bidders, the Tenderer shall provide compensation, but due to the extension of the tender validity period of force majeure are excluded.

    109th tendering Agency has one of the following acts, illegal income shall be confiscated, as shall be punished:

    (A) without a bidding agent qualified to engage in the procuratorial tender business and fined 50,000 yuan and 100,000 yuan fines;

    (B) beyond the level of qualification to undertake the procuratorial tender business and fined 30,000 yuan and 50,000 yuan fine;

    (C) transfer of the procuratorial tender business or agency tenders with the tender agent, tenders, consulting, fined 30,000 yuan and 50,000 yuan fine; the circumstances are serious, and removed 6 months bidding agent qualification;

    (D) disclosure of confidential bidding, with the tenderer, bidder collusion damages State interests and public interests or the legitimate rights or interests of others, fined a maximum of 50,000 yuan more than 250,000 serious, and cancel a year bidding agent qualifications above influence the results of the bid, the bid invalid; causes damage to others shall bear liability.

    In addition to the above behavior, bidding agency with the acts listed in article 107th, punished with the same punishment with the tenderer are serious, and cancel a year bidding agent qualification, drew bidding qualification qualification examination and approval authority reduced or even cancelled.

    110th bidder has any of the following acts, illegal income shall be confiscated, as shall be punished:

    (A) mutual collusion bid or and tender people collusion bid of, to bribe means seek bid of, sentenced tender project amount 5 per thousand above 10 per thousand following of fine; plot serious of, and at canceled one years above two years following bid qualification, be announcement, until by business administration organ revoked license; caused others loss of, law bear compensation responsibility; bid people is above behavior participation people of, bid invalid; collusion bid behavior effect bid results of, should again assessment standard or again tender;

    (Ii) allows other units or personal to bid people name bid or to other way fraud for bid of, sentenced tender project amount 5 per thousand above 10 per thousand following of fine; plot serious of, and at canceled one years above three years following bid qualification, be announcement, until by business administration organ revoked license; other units or personal to bid people name bid of, sentenced and bid people same of punishment; bid people is above behavior participation people of, bid invalid;

    (C) the participation of bidders in different sections of the same construction project bidding, bidders in any one section of the tender to subparagraphs (a) and (b) the acts listed, with other packages and bidding qualification will also be cancelled, bidders are not permitted to participate in the tender of construction works;

    (D) in accordance with the tender documents, tender documents and contract bid prices, signed agreement deviated from the substance of the contract, bid amount fined not more than 5 per thousand to 10 per thousand;

    (E) the transfer of the winning project in whole or in part, transfer is not valid, the winning project for the transfer of amounts below the 5 per thousand to 10 per thousand fine; serious and ordered closed until the Administration for industry and commerce shall revoke business license;

    (Vi) failure to perform contract with the tenderer, performance guarantees are not refundable, not submitted or losses exceed the amount of performance security the performance security, the winning bidder shall pay damages; not in accordance with the contract with the tenderer to fulfil their obligations, the circumstances are serious, canceled two to five years of eligibility to tender shall be published until the Administration for industry and commerce shall revoke business license.

    The contract owing to force majeure, the above rules do not apply.

    111th bidder has any of the following acts, the Tenderer shall cancel the qualification of bidders from bidding or bid, forfeiture of bid security; bidders failed to submit bid security or causing a loss of more than bid amount, the bidder shall compensate for the losses:

    (A) without justifiable reason to give up the bid;

    (B) after the deadline for submitting bids to the tender expiration of limitation period during the withdrawal of the tender documents;

    (C) due to violations was cancelled and bidding qualification or the bid invalid, but except for the bidders bid-rigging with the tenderer.

    112th member of the bid Committee and its has one of the following acts, illegal income shall be confiscated, as shall be punished:

    (A) Evaluation Committee members absent without leave, influence the bid evaluation procedure to work properly, or is unable to perform their duties objectively, with a warning in serious cases, fined 10,000 yuan fine and canceled bidding qualification of experts, banned from any tender bid;

    (B) the Evaluation Committee members accepted bidders, property or other interests of other interested persons, disclose confidential bidding should be fined 3,000 yuan and 50,000 yuan fine, and cancel the bidding qualification of experts, banned from any tender bid;

    (Three) using tender file provides zhiwai of other assessment standard standard and the method of, determine of assessment standard standard and the method contains tendencies or exclusion bid people of content hamper or limit has bid people Zhijian of competition effect assessment standard results of, should avoided not avoided of, assessment standard during exists violations effect assessment standard results of, assessment standard invalid, sentenced 30,000 yuan following of fine; plot serious of, and at canceled assessment standard experts qualification, ban participate in any tender project of assessment standard;

    (D) Evaluation Committee members involved in bid-rigging and fined 50,000 yuan fine, and cancel the bidding qualification of experts, banned from any tender bid constitutes a crime, criminal responsibility shall be investigated according to law.

    113th complainant deliberately fabricated facts, forged documents were false and malicious complaint, should dismiss the complaint, with a warning in serious cases, fined 10,000 yuan fine.

    114th complainant, respondent, and members of the bid Committee and complaints related to the party refuses to cooperate with the investigation, with a warning in serious cases, fined 10,000 yuan and 50,000 yuan fine, and cancellation of one to three years to participate in the bidding and tendering activities of appropriate qualifications.

    Complainant, respondent and members of the bid Assessment Committee and complaints relating to the subject matter for the parties to make their own behavior could not give a reasonable explanation, be informed.

    115th be fined in accordance with the provisions of article, or of the legal representative of the unit, as well as directly responsible were fined a unit of 5% up to 10% the amount of the fine.

    116th involved in the bidding and tendering activities of State functionary, abuse of authority or neglect their duties, participate in the bidding and tendering activities of other units or individual violates the present provisions do not constitute a crime, administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    117th administrative punishment made by the relevant departments for administrative supervision in accordance with the terms.

    118th article according to this approach provides should for tender of construction engineering, tender invalid of, should law again tender; assessment standard invalid of, should law again assessment standard or again tender; bid invalid of, should law again assessment standard or again tender; due to collusion bid, violations led to bid results obviously damage national interests, and social public interests or others legal right or interests of, should again tender.

    Invalid bid, bid, bid, bid notices issued and contracts signed from the beginning had no legal effect, but does not affect the validity of contract dispute resolution provisions.

    Because the offence was sentenced to cancel your participation in the tendering and bidding activities qualified or relevant administrative authorities suspend punishment, from the date of entry into force of the decision banning all bidding activities, including the ongoing bidding activity.

    Nineth chapter by-laws

    119th these measures shall come into force on April 1, 2009.

    The approach developed in this city before the promulgation of the relevant construction project tendering provisions inconsistent with these measures, is subject to this approach.

    Within the city limits, which involved great political and Foreign Affairs as well as emergency rescue and relief work review, identification, contract, contract, settlement, payment measures shall be formulated separately by the municipal people's Government.

    Municipal construction Administrative Department shall disclose the municipal construction project tendering and bidding information, establish bidding credit file, specific measures shall be formulated separately by the municipal construction Administrative Department.

    Network construction project bidding should be conducted at the same time meets the network tender related requirements, specific measures shall be formulated separately by the municipal construction Administrative Department. 120th in this approach by the municipal people's Government is responsible for the interpretation.