Lanzhou Municipal Government Investment Project Bidding Management

Original Language Title: 兰州市政府投资项目招标投标管理办法

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Lanzhou municipal government investment project bidding management

    (November 20, 2009 Lanzhou City Government 24th times Executive Conference considered through January 6, 2010 Lanzhou City Government makes 2010 1th, announced since March 1, 2010 up purposes) first article to specification government investment project tender bid activities, strengthening government investment project tender bid supervision management, according to People's Republic of China tender bid method, and Gansu province tender bid Ordinance, legal, and regulations of provides, combined this city actual, developed this approach.

    Second approach applies within the administrative area of the city of government investment project bidding and its supervision on tender and bid activities.

    Government investments in these measures refers to include budget funding, all kinds of special construction funds and the Government's use of international organizations, foreign government loans, funding, government finance and State-owned enterprises and institutions own funds, the construction of various types of housing, municipal infrastructure projects, environmental protection projects, such as transportation, water conservancy, information engineering professional engineering and construction projects.

    Third city bidding authority is responsible for the supervision and administration of municipal government investment project bidding activity, investigate and punish violations of the bidding activity.

    Municipal Government approved the establishment of construction project tendering Center for government investment project to provide unified trading services, and publish information.

    Fourth following government investment projects should be traded into the construction engineering Trade Center:

    (A) municipal investment projects;

    (B) the xigu district, qilihe district, Chengguan district, and, and, and in Anning district of hi-tech development zone, economic and technological development zone government investment projects;

    (C) in yongdeng County, and in yuzhong County, and gaolan County and honggu district estimates at more than 10 million yuan of government investment construction projects.

    Fifth government investment projects, including project investigation, design, construction, supervision and construction projects related to the purchase of important equipment and materials, to one of the following standards should be tender:

    (A) the construction of single contract estimated at more than 500,000 yuan;

    (B) the important equipment and materials, such as the purchase of goods, single contract estimated at more than 300,000 yuan;

    (C) investigation, design, supervision and other individual contracts estimated at more than 300,000 yuan;

    (D) single contract estimated below in (a), (b), (c) the provision of standards, projects involving a total investment of more than 10 million Yuan.

    Sixth government investment projects, one of the following circumstances approval may be invited to tender:

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

    (B) be limited by natural geographical environment;

    (C) relates to national security and State secrets or disaster relief, extension should be marked but not open tender;

    (D) proposed an open tender costs as compared to project value unequal;

    (E) laws and regulations, other circumstances that should not be an open tender.

    Seventh government investment projects have one of the following approved without bidding:

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

    (B) belongs to the use of funds to implement food-for-work requires the use of migrant workers;

    (C) construction techniques of a particular patent or proprietary technology;

    (D) construction company built their own works, and the qualification grade of construction enterprise in accordance with the project requirements;

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

    (Vi) other circumstances as stipulated by laws and regulations.

    Eighth government investment project bidding approval authority at the time of approval of the project by the project be approved.

    Change of government investment project bidding approval required project approval authority, focused on project tendering changes required by the municipal people's Government for approval.

    Nineth government investment project bidding should be conducted according to law, meet the following requirements can be carried out construction bid:

    (A) project approval of the construction project;

    (B) construction project planning permit or approval documents for the use of the land;

    (C) appropriate funding or funding sources has been implemented;

    (D) preliminary design approval documents;

    (E) examination and approval of construction drawing books;

    (F) the project budget control of government investment project assessment issued price reviews;

    (VII) the tenderer or tender agent qualification and the power of Attorney and the contract agreement;

    (VIII) other conditions stipulated by laws and regulations.

    Tenth article can be applied to government investment project bidding on their own bid or to authorize a procuratorial tender.

    The tenderer does not have its own tendering conditions of the relevant laws and regulations, you should select a procuratorial agency commissioned to carry out the tender.

    11th government investment project bidding shall be in accordance with the tender project characteristics and needs, in accordance with the standard model preparation of tender notices, prequalification documents and solicitation documents.

    Tender terms inconsistent with the model, special note should be made.

    12th government investment projects of the tenderer in the tender documents will be inadmissible tenders or null and void, waste and unqualified denial rejected terms of validity of the tender documents, such as single row, other tender documents provision inconsistent with the single veto clause or not separate, with separate veto provisions would prevail.

    13th government investment project bidding shall be scientifically divided sections, to the main integral works shall not be forced on the engineering section.

    Article 14th qualified engineering survey, design, construction, decoration, equipment and material supply, supervision, are eligible to apply to participate in those qualifications and appropriate to the scope of government investment project bidding.

    15th bidder shall, in accordance with the tendering documents of government investment project requirements and project specific characteristics, combined with the market conditions and competitive strength of autonomy offer, but shall not be less than the cost price bids.

    16th the Government investment project bidding collusion may not bid or bid-rigging with the tenderer, shall not bid on behalf of others shall not be funded, unfair competition by means of Fund to participate in bidding activities.

    Construction and material supply tenders and project supervisory units of affiliations and interests, shall not take part in the same government investment project bidding.

    17th a tenderer shall not be discriminatory treatment against potential bidders not to potential bidders submitted does not comply with the bidding requirements of the engineering of high qualification requirements and other requirements.

    18th government investment project bidding should the bidder prequalification or post-qualification.

    Failed to prequalify potential bidder may submit a tender.

    Post-qualification unqualified bidders, the bid Committee its bid should be set aside.

    19th government investment project bidding on bid to take pre-qualification or post-qualification, a tenderer shall in the prequalification documents or the eligibility conditions set out in the tender documents, standards and methods.

    Article 20th prequalification in government investment projects, it should be examined whether the prospective bidder or bidders that meet the following criteria:

    (A) has the independent right to conclude a contract;

    (B) have the ability to perform the contract, including professional and technical qualifications and capacity, funding, equipment, management capability, credibility and knowledge practitioners;

    (C) is not being closed, bidding was canceled, the property was taken over, freezing or bankrupt State;

    (D) in the last three years, no cheating bid and a serious breach and a major quality problems;

    (E) other qualifications prescribed by laws and regulations.

    21st government investment project bidding without.

    22nd government investment tender bid organization responsible for the project.

    Members of the bid Assessment Committee by the tenderer and relevant technical, economic and other experts, are 5 or more members in the singular, which government experts randomly selected technologies, economic experts shall not be less than the total number of members of two-thirds.

    Special tenders taken randomly when it fails to meet the review requirements of the project, the tenderer can directly determine the evaluation expert, but prior to bidding management agency records.

    23rd government investment projects evaluation Committee members should be in accordance with the tender document and relevant provisions of the independent evaluation.

    24th the Government investment project bidding in any of the following circumstances, recognized by the bidding Committee, bid-rigging:

    (A) the different bidders bidding document content within non-normal;

    (B) the consistent omissions from different bidders of bid documents;

    (C) the different bidders of bid documents prepared by the same company or the same person;

    (D) the different bidders bidding documents containing the members of a project management team of the same person;

    (V) different bidders bidding documents mixed with each other;

    (F) the different bidders entrust the same bidder;

    (G) the different bidders to use the same people or corporate funds to pay the bid or tender a counter guarantee;

    (H) another bid-rigging case identified by the Evaluation Committee.

    Upon completion of 25th government investment project bidding, bid evaluation Committee written evaluation reports shall be made to the tenderer, and according to the recommended bid invitation documents require the winning candidate or make a clear evaluation conclusions. 26th government investment project bidding should follow the bid evaluation Committee recommended candidates sorted to determine the winning bidder.

    When determining the successful bidder the successful candidate to give up winning or due to force majeure cannot fulfill the contract, the tenderer in order to determine the successful candidate for the winning bidder.

    27th the bid activities of any of the following circumstances, tendering and bidding management bodies may request reconsideration of the bid Committee, reconstituted in accordance with law or require the tenderer bidding, bid evaluation Committee:

    (A) the bid is clearly wrong;
(B) the tenderer or bidder for evaluation conclusions have a major objection.

    28th government investment project without good reasons to give up the winning bidder qualified bidders, bid management agencies should be abandoned as a record to be recorded.

    29th government investment project bidding and winning bidder shall bid in the 30th from the date the notice is issued, entered into a written contract.

    The Tenderer shall enter into a written contract within 15th of, the contract tendering and bidding management and related administrative departments for the record.

    Article 30th the Government investment project bidding and tendering activities of any of the following circumstances, bid management bodies may suspend or terminate the tendering and bidding activities:

    (A) violation of bidding laws, regulations, rules and other relevant rules;

    (B) violations of the bidding procedures, rules;

    (C) received complaints from bidding effectively;

    (D) serious disputes in the tendering and bidding activities;

    (E) serious violations of open, fair, equitable and merit or other circumstances as the principle of good faith.

    31st bid management institutions should be based on this approach for oversight management of government investment project bidding and tendering activities, investigate and punish illegal behavior in the tendering and bidding activities.

    32nd article construction administration sector and market regulatory, and engineering quality, and construction security supervision institutions, and engineering cost management institutions should strengthening government investment project engineering quality, and construction security, and contract record of supervision management, urged bid people full perform bid commitment and contracting contract, strictly investigation subcontracting, and illegal points package, and allows others to this enterprise name contract engineering, and Jerry, and fraud, and reduced engineering quality, illegal violations behavior.

    33rd city administrative wing door to circumvention of government investment project bidding behavior and violation of tender and bid activities shall be in accordance with the relevant laws and regulations of the responsibility.

    Article 34th signs tender management and related administrative departments in the management of government investment project bidding supervision, or engages in acts of abuse by their superiors or the supervision sector be given an administrative sanction constitutes a crime, criminal responsibility shall be investigated according to law. 35th these measures take effect on March 1, 2010.