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Yinchuan Construction Project Tendering And Bidding Management

Original Language Title: 银川市建设工程招标投标管理办法

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Modalities for tender management for construction works in the city of Sichuan

(Adopted by the 31st ordinary meeting of the People's Government of Gichuan on 23 April 2009, No. 3 of the Decree No. 3 of 30 April 2009, published from 30 May 2009)

Chapter I General

Article 1, in order to regulate the construction of tendering activities, to preserve the construction market order, to protect the legitimate rights and interests of the State's interests, the public interest and the parties to tenders, to develop this approach in line with the People's Republic of China Building Act, the People's Republic of China tenders bill.

Article 2 engages in the construction of tenders in the administrative region of the city of Galichuan and implements oversight over the construction of tenders.

The construction work tenders referred to in this approach refer to activities such as house construction works, municipal infrastructure works (including greening works) survey, design, treasury, construction and engineering-related important equipment, solicitation of materials, tenders, tenders, tenders, tenders, tenders, demarcations, etc.

Article 3. The construction of tenders for tenders shall be guided by the principles of openness, equity, impartiality, choice and integrity.

Article IV. The construction of administrative authorities in the city of Sichuan is the competent authority for administrative oversight of tenders for construction works in this city, and the Ganguan City Petition Management Centre is specifically responsible for the day-to-day supervision of tendering activities in the construction of tenders in the city.

The establishment of administrative authorities is responsible for the supervision and supervision of tendering activities in the construction of works within the Territory, and is operationally subject to the supervision, guidance and guidance of the administrative authorities in the construction of the executive branch in the city.

The executive branch, such as development reform, finance, audit and inspection, is governed by their respective responsibilities for the construction of tenders.

Article 5 requires the construction of tenders by law, and its solicitation activities must be carried out by the construction of the engineering transaction centre established by the Government.

The construction of the work transaction centre should perform the functions set out in article 15 of the “Guide-memoire management approach to tendering in the Nin summer Self-Government Zone”.

Chapter II

Article 6. In this city's administrative area, the following construction works are to be one of the criteria under Article 7 of this scheme and must be solicited.

(i) Project on the public interest and public safety of the community;

(ii) All or partial use of national funds investment or government finance projects;

(iii) The use of international organizations or foreign government loans and assistance projects.

Article 7. The construction of the tender must be made:

(i) The construction of a single contract price of over 1 million yen (50 million yen) or more than 1,000 square meters;

(ii) Procurement of essential equipment (materials) related to construction works, with a single contract estimated price of over 500,000 dollars (with a single price of 20,000 dollars) people's currency;

(iii) The selection of a survey, design, custodial service unit, with a single contract estimate of more than 200,000 yen currency;

(iv) A single contract estimate is less than one, two and three of the criteria set out in this article, but the total investment in the project is more than 1000.

In addition to the preceding paragraph, all or partial use of State-owned funds investment or government-funded projects, their construction single contract price is estimated at more than 300,000 dollars (competing 20,000 dollars) people's currency, procurement of goods such as important equipment (materials), and single contract estimates are more than 200,000 dollars (100,000 dollars of the unit price).

Construction outside the scope of compulsory tendering may be directly rolled out by construction units, but should be submitted to the construction of administrative authorities.

Article 8. This approach stipulates that construction works that must be solicited are one of the following conditions and that tenders may be made without approval by the project approval authority.

(i) relate to national security, secret or other confidentiality requirements;

(ii) The use of poverty-reduction funds for work-raising or for the use of farmer workers;

(iii) Main processes, technologies for the use of specific patents or technologies;

(iv) Examination of the complex or professional nature of the design of solicitation technologies, which are capable of satisfying fewer than three design units and cannot lead to effective competition;

(v) The project has been completed with the need for alteration, expansion or technological upgrading, which is matched by other units in the design impact project function;

(vi) The self-exploitation of construction enterprises in line with engineering requirements;

(vii) The contractor does not have any change in construction, with the addition of a minor engineering or subject-to-gaining works and the contractor's qualifications level consistent with the engineering requirements;

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

Article 9. The priority construction works identified by the Government of the city, the district (community) and construction works for the full use of State-owned funds investments or State-owned investments in the controlled units or leading positions should be made public.

Article 10 shall be open to tender construction works in accordance with the law in one of the following cases, which may be invited by the project approval authority.

(i) In relation to national security, secret or risk-recovery, appropriate solicitation without appropriate public solicitation;

(ii) Technical complexity or special requirements, and only a small number of potential bidders can choose;

(iii) Restrictions on the natural environment;

(iv) The costs of open tendering are not worthwhile compared to the value of the project;

(v) Laws, regulations and regulations do not provide for open tendering.

Article 11. The construction of tenders shall have the following conditions:

(i) The bidder has been established by law;

(ii) Approval, approval or filing, in accordance with the relevant provisions of the State, the autonomous region and the city of Sichuan;

(iii) The construction of a land-based planning licence has been obtained by law;

(iv) Funding commensurate with funds or construction funds has been implemented and there is a recent financial certificate or a source of funds from the financial sector of the bank; funding for the completion of the work works in the year is not less than 50 per cent of the proposed budget investments; and funding for cross-year construction is not less than 30 per cent of the estimated investments;

(v) The basic information required to investigate and design tenders has been available;

(vi) The construction solicitation has been equipped with a full range of reviewable construction maps and their technical information;

(vii) The solicitation of significant equipment, materials related to construction of the work, which can provide equipment, material use and technical requirements;

(viii) Other conditions under the law, regulations and regulations.

Article 12. The solicitation activities of the solicitation organization shall be submitted by the solicitation management centre for construction works in the city of Sichuan under the law to the construction project approval, approval or documentation, the Building Planning Lands Licence and the establishment of financial certificates.

Article 13. The bidder shall have the ability to prepare tender documents and to organize tenders. Without the conditions for the solicitation, the solicitor shall entrust the solicitation of tendering with the appropriate qualifications of the solicitation agent. The solicitation services of the engineering solicitation shall not accept the approval of the solicitation operation that is not in accordance with the terms of the solicitation.

Article 14. In the form of open tendering, the solicitor shall submit a notice of solicitation or prequalification to the tender management centre of the construction works in the Sichuan City and issue a notice of solicitation in the designated media inviting all non-specified corporate tenders in accordance with the terms of qualifications; and in the manner in which invitations to tenders should be invited by the solicitor in a manner that is not less than three credible and in accordance with the terms of qualifications, and submit tender invitations for tenders to the Gichuan Industrial Engineering Centre for the Top.

Article 15. The notice of tendering or the invitation to tender shall contain at least the following:

(i) The name and address of the solicitor;

(ii) The name, content, size and source of funds for tendering projects;

(iii) The location and duration of the solicitation project;

(iv) Costs charged for solicitation documents or prequalification documents;

(v) The time and venue for obtaining solicitation documents or prequalification documents;

(vi) Selection requirements for bidders.

The solicitation announcements must be issued on the “China construction of the Engineering Information Network” and the “Bangkuan construction” web-based basis, and the solicitation announcements for more than 1,000 million construction projects should be issued at the same time in the designated media for not less than five working days.

Article 16 shall sell solicitation documents or prequalification documents in accordance with the time specified in the solicitation notice or the invitation to tender. The solicitation documents or the sale of prequalification documents shall not be less than five working days from the date of sale. The bidder shall submit the solicitation documents or prequalification documents before the sale of the solicitation documents or prequalification documents to the tender management centre for the construction of tenders in the Galichuan City.

The bidder may issue solicitation documents either through the information network or other media. The solicitation documents issued through the information network or other media have the same legal effect as the written solicitation documents, but the written solicitation documents are incompatible. The bidder shall maintain the original integrity of the written solicitation documents.

The solicitation documents or the prequalification documents were sold without being returned. The solicitationer shall not terminate the solicitation without undue delay after issuing a notice of solicitation, issuing a tender invitation or selling the solicitation documents or prequalification documents.

Article 17 The bid name and prequalification shall be made publicly by the construction work transaction centre established by the Government.

The prequalification meeting was organized by the solicitor, and the prequalification report should be submitted to the Gichuan Meet Management Centre.

Article 18 The solicitor shall conduct a review of the applicant's qualifications in accordance with the requirements of the solicitation works. The bidder shall not be subject to unreasonable limitations or exclusion of potential bidders, without discrimination against potential bidders, nor shall the potential bidder request excessive qualifications or other unreasonable requirements incompatible with the actual requirements of the solicitation work.

Article 19 When national investment construction works identify qualified bidders, the following provisions should be observed:

(i) More than 1,000 million dollars in engineering investments, with qualified bidders not less than 9;

(ii) The amount of more than 500,000 dollars in engineering investments shall be less than seven successful bidders;

(iii) A maximum of 5 million dollars, the qualified bidder should be less than five.

The number of bid applicants subject to the eligibility review may be determined by the random drawing method.

The number of bid applicants is less than provided in paragraph 1, and it is important to extend the time to issue the solicitation announcements for three work purposes. Upon expiration of the notice, the bidder was still short of the required number and the bidder must set the maximum price. The maximum price set should be published three days before the deadline for tenders, and tenders with higher tenders are considered as invalid tenders.

Article 20 shall prepare solicitation documents either by themselves or by the solicitation agent of the works in accordance with the characteristics and needs of the solicitation project itself. The construction of the solicitation documents should include the following:

(i) The name, address, area of construction, size of buildings and scope of the solicitation;

(ii) Survey, design of basic information required for tendering;

(iii) The quality of construction paper and technical information required for the construction of tenders. The list of works as an important part of the solicitation documents should be strictly and accurate;

(iv) To meet the requirements of the relevant technology and the economy required for the procurement of tenders, materials, equipment;

(v) Basic information on water supply, electricity, heating, environmental protection and municipal roads;

(vi) The solicitation documents respond to questions, the time and place of the survey site;

(vii) A request for the preparation of tender documents, the rules for the evaluation of tenders and whether the tendering would be established or the maximum price;

(viii) The deadline for the delivery of tender documents;

(ix) The main provisions of the contract to be concluded;

(x) Other matters requiring clarification.

Article 21 provides for the development of tenders, which must be kept confidential. The tender shall be developed before the tenderer's tender is made.

Under the floor, according to the circumstances in which the solicitation was determined by the solicitor, national investment projects must set the floor or the maximum price. Construction works involving public utilities, such as health, education, should also create minimum prices.

The mark would be prepared by the solicitor itself or commissioned an intermediary. A project can only be developed as a mark.

Article 22, paragraph 1, of the solicitation documents was issued without any intentional change, a change to be required, and all bidders should be informed in writing by 15 days of the tender document required by the solicitation documents and at the same time by the solicitation tender management centre.

Chapter III

Article 23. The bidder shall be in compliance with article 41 of the bidding management scheme for tenders in the Nin summer Self-Government Zone.

The statutory representative is two and more legal persons of the same individual, and the parent company, the full-time company and its control unit shall not make tenders in the same project.

Significant equipment, material solicitation, relating to construction, a manufacturer, for the same brand, could only be entrusted to an agent to participate in the tender.

Article 24 The bidder shall prepare the solicitation documents in accordance with the requirements of the solicitation documents and clarify the following:

(i) The submission of tenders;

(ii) Survey, design of technical programmes;

(iii) The construction organization design or construction programme;

(iv) The programme of work for the administration of justice;

(v) Detailed descriptions of the technical efficiency parameters of the material, equipment;

(vi) The tender price;

(vii) Other material requested in the solicitation documents.

Article 25 The solicitation documents shall be produced and sealed in accordance with the provisions of the solicitation documents, and their indoor envelope shall be sealed by the bidder and the statutory representative.

The solicitation documents should be sent to the designated location by the deadline. After receipt of the tender, the bidder must be signed and kept in custody. The tender documents were not valid at the deadline.

No unit or person prior to the opening of the tender shall open the tender documents.

The bidder submitting the tender documents was less than three, and the bidder should be reorganized by law. For special reasons, such as the period of work, the possibility of reorganizing tenders must be approved by the Government of the city.

Article 26 shall not supplement, modify, replace or withdraw its tender documents until the expiry of the period in which tender documents are submitted to the solicitation documents. The bidder supplements, modifys and replaces the solicitation documents.

Article 27 may request tenderers to submit tender bonds in the solicitation documents. The tender bonds should be used for cheques, bank cheques, etc., which should not exceed 2 per cent of the total tender price, up to $800,000.

The bidder shall, within five working days of the contract with the marker, refund the tender bonds to the outstanding bidder. The bidder did not participate in the opening of tenders or withdrew the tender documents during the effective period of tenders, and its tender bonds were not returned.

More than two construction enterprises could form a joint body to enter into joint tender agreements with a bidder. All parties to the joint body should have the corresponding qualifications to assume the solicitation work. The same professional construction enterprise consists of a joint body with a work licence based on a low level of qualifications.

The bidder shall not compel the bidder to form a joint tender and shall not limit competition among the bidder.

Article 29 consists of one of the following acts, and the bidder collates the tender price:

(i) The increase in mutual agreement between tenderers or the pressure on tenders;

(ii) The mutual agreement between the bidder and the high, medium and low-cost quotations in the solicitation projects;

(iii) An internal competition between the bidder and the identification of the medium-sized and then to participate in the tender;

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

Article 33 consists of a collusion of tenders between tenderers and tenderers:

(i) The bidder opened the solicitation documents before the opening of the tender and informed other bidders, or assisted the bidder to withdraw the solicitation documents to modify the quota;

(ii) The bidder discloses the bidder;

(iii) The bidder agreed with the bidder that the tender price was low or increased, and that the bidder or tenderer would be given additional compensation after the mark;

(iv) The bidder's pre-determined bidder;

(v) Other collusion of tenders under laws, regulations and regulations.

Article 31 shall not make tenders on behalf of others.

The previous paragraph referred to tenders in the name of another person or to other construction units, or from other units, which would be granted a certificate of qualifications or qualifications, or by other units and their statutory representatives, in their own tender documents.

Chapter IV

Article 32 is open to the construction work transaction centre established by the Government, which oversees the implementation of the bidding management centre for construction works in the city of Sichuan, and the Government investment projects must be attended by the supervisory sector.

The opening of tenders was chaired by the solicitor and invited all bidders to participate. The bidder shall openly envelope all tender documents received before the deadline for the submission of the tender documents to be validated and read out by the public.

The bidder shall be openly seized and reads as follows.

A third article XIV was made available in one of the following cases:

(i) The tender documents are not sealed and signed in accordance with the provisions;

(ii) The tenders and the tender documents are not completed in the prescribed format, with no content being ambiguous, smelting, jeopardizing or unheating tenderers and statutory representatives;

(iii) The bidder did not request the original author of the legally valid legal document or the authorization of legal persons in accordance with the solicitation documents;

(iv) A certificate of eligibility to be held in accordance with the solicitation documents shall be validated;

(v) Delays;

(vi) The bidder did not participate in the opening session on time;

(vii) Project holders who plan to be appointed are not granted effective qualifications certificates or are not registered in this unit;

(viii) The bidder did not submit the tender bond in accordance with the solicitation documents;

(ix) The joint tender does not accompany the joint tender agreement;

(x) Other violations of the required tender.

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

The Commission should be composed of representatives of the solicitor and the construction of engineering evaluation experts, with a number not less than five. There were no more than one third of the representatives of the bidder, with the remaining two thirds of the members being drawn from the Gichanguan engineering evaluation expert pool under the supervision of the relevant oversight sector. The list of members of the Commission shall be strictly confidential before the outcome of the examination is determined.

The evaluation experts should perform their duties independently and impartially. The experts drawn should be avoided in the interest of the bidder.

Article XVI should be evaluated in accordance with the evaluation method set out in the solicitation documents, and the evaluation method must be consistent with the provisions of this approach and shall not be used for the evaluation of tenders not provided in the solicitation documents.

In the evaluation of the construction solicitation documents, the sub-counter of the technical mark is not subject to higher weight than 30 per cent, and the sub-prime of the commercial mark is not less than 70 per cent. The value of the special engineering technical subset of the greening works and higher technical content of the plant could be appropriately increased, but not more than 40 per cent of the weighted.

The evaluation approach, such as survey, design, treasury and major equipment and materials related to construction works, would not be useful in applying the low-cost marker.

Article 338 Tests for construction tenders for drainage and parking greening works should be used as a list of works. For tenders that may be less costly or higher than the estimates, the CRIC should undertake a focus evaluation and treat tenders for malicious competing prices or price increases as invalid tenders.

Following the completion of the evaluation by the Commission, a written evaluation report should be submitted to the bidder, recommending the successful bidder. The evaluation reports should be signed by all members of the evaluation committee.

Article 40 The bidder shall determine the successful bidder among the successful bidder recommended by the Commission, and the determination of the bidder shall be completed within 15 days, and shall be determined within 30 working days prior to the conclusion of the tender's effectiveness period and submit the evaluation report to the Ganguan City Engineering Petition Management Centre. The evaluation reports should be accompanied by a summary of the mark, the evaluation of the mark, the score sheets and the summary tables, and the bid documents of the moderate bid.

The bidder shall enter into a contract with the marker within 30 days of the date of the letter of assignment.

The solicitation documents require the bidder to submit the performance bonds or other forms of performance guarantees, which shall be submitted; the rejection of the submission shall be considered as a waiver. The bidder requests the bidder to provide the performance bonds or other forms of performance guarantees, and the bidder shall pay the security at the same time to the marker.

Article 40 defines the moderate as a result of the pre-exploitation of the national investment construction works. Specific procedures are as follows:

(i) The Subsidiary Body for Scientific and Technological Advice determines candidates from 5 to 6 seats, in accordance with the evaluation criteria established in the solicitation documents;

(ii) A new round of competitive prices based on the lowest bidder;

(iii) There are more than three candidates after competitive prices and, on the basis of the lowest bid, buoys are based on a competitive round;

(iv) More than three candidates are still present at two rounds of competitive prices, and the bids are drawn by the evaluation committee on the ground by drawing lots.

The competitive price, the drawing process is monitored by the relevant supervisory authorities and the bidder should be declared on the floor.

The findings in article 42 should not be less than three working days on the “Grenk” web. During the presentation, the results of the solicitation evaluation were disputed or the complaint was made, and the executive authority was organized separately to review the bid evaluation findings. The review should be completed within five working days. The review found that there was an invalidity of the statutory tender and that the bidder should reorganize the tender.

Article 43 thirteenth solicitation for construction of major national investment projects and the post-sex assessment system for single construction contracts estimated at more than 1,000 million dollars. Post-assessments are vested in the financial, auditing and other sectors.

Chapter V Legal responsibility

Article 44 quantify that the solicitation is not justified by the timely participation in the opening of tenders, the associated eligibility certificate, which has been confirmed as null and void or has not been prepared in accordance with the provisions, resulting in the reorganization of tenders by the solicitor in accordance with law due to the insufficient number of bidders and warning by the construction of administrative authorities.

Article 42, in violation of this approach, provides that the formulation of a sub-macher's non-payment of a performance bonds or contract does not be concluded, is considered to be a negative act into its credit manual and the elimination of its eligibility for the tender.

Article 46 Tests Committee members were left behind in the evaluation process, affecting the normal conduct of the evaluation process or failure to carry out their duties objectively and impartially in the evaluation process, which was warned by the establishment of administrative authorities; in the event of serious circumstances, by eliminating the qualifications of the subsidiaries.

Article 47 provides administrative disposition by law to staff members who have administrative oversight functions under the law, who are responsible for tendering, abuse of authority or negligence, and constitutes a crime and hold criminal responsibility under the law.

Article 48 violates other provisions of this approach, which imposes penalties under the relevant laws, regulations and regulations.

Annex VI

Article 49 The tender management approach to the construction of construction works in the city of Sichuan was also repealed on 27 July 1998.