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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Yinchuan construction project tendering and bidding management

    (April 23, 2009, yinchuan, people's Government of 31st Executive session on April 30, 2009 in yinchuan city people's Government promulgated as of May 30, 2009, 3rd) Chapter I General provisions

    First in order to standardize construction project tendering and bidding activities, maintain the order of the construction market, protection of national interests, social tendering for public interests and the legitimate rights and interests of the parties, in accordance with the People's Republic of China Law on construction, the People's Republic of China tendering and bidding law, combined with the city's actual, these measures are formulated.

    Article engaged in construction project tendering and bidding activities in the administrative area of yinchuan city, as well as the implementation of the supervision and management of construction project tendering and bidding activities, these measures shall apply.

    Construction project tendering and bidding activities mentioned in these measures refers to housing construction, municipal infrastructure projects (including landscaping) investigation, design, supervision, construction and construction-related and important equipment, material bidding, tendering, bid evaluation and calibration activities.

    Third construction project tendering and bidding activities, openness, fairness, impartiality and merit should be followed and the principle of honesty and trustworthiness.

    Article fourth construction administrative departments in the city of yinchuan city construction project tendering and bidding activities administrative supervision of the Department, construction project tendering and bidding management in yinchuan City Centre is responsible for the day-to-day supervision and management of construction project tendering and bidding activities in yinchuan.

    The County (City) construction Administrative Department is responsible for the supervision and management of construction engineering bidding and tendering activities within the area, businesses accept supervision and guidance of the yinchuan construction Administrative Department.

    Development and reform, finance, audit, monitoring of administrative departments in accordance with their respective responsibilities to supervise and manage the construction project tendering and bidding activities.

    Article fifth all legally required tender of construction works, the tendering and bidding activities must be carried out in the construction project Exchange Center set up by the Government.

    Construction project tendering Center should carry out the bidding management of the Ningxia Hui autonomous region, 15th of the duties provided for in article.

    Chapter II tenders

    Sixth section within the administrative area of the city, the following construction projects meet the seventh one of these measures, must be subject to tenders.

    (A) the relationship between public interests, public safety projects;

    (B) all or part of State-owned funds investment or Government financing of projects;

    (C) international organizations or foreign government loans or aid projects.

    Article seventh to tender construction standards:

    (A) items of construction contracts estimated at 1 million Yuan (decoration is 500,000 RMB) Yuan more or a gross floor area of more than 1000 square meters;

    (B) important and construction-related equipment (materials) procurement of goods, single contract estimated at 500,000 yuan (equipment for 200,000 yuan) Yuan or more;

    (C) the selection of exploration, design, supervision service, individual contract estimated at 200,000 Yuan or more;

    (D) single contract estimated below standards I, II, III of this article, but projects involving a total investment of more than 10 million Yuan.

    Other than prescribed in the preceding paragraph, in whole or in part using state money or Government financing of projects, their individual contract of construction estimated at 300,000 yuan (decoration for 200,000 yuan) Yuan or above, important equipment (materials) procurement of goods, single contract estimated at 200,000 yuan (device single set price of 100,000 RMB) Yuan or more, must be subject to tenders.

    Is outside the scope of compulsory tendering of construction engineering, construction can be contracted out directly, but shall provide the competent construction department.

    Eighth article of the regulation must be tender of construction works, one of the following circumstances, after examination and approval by the project approval authorities may not tender.

    (A) relates to national security, secrecy or any other requirements of confidentiality;

    (B) belongs to the use of funds the implementation of food-for-work or require the use of migrant workers;

    (C) the main technologies, technology of a particular patent or proprietary technology;

    (D) survey design bidding technology is complex or highly specialized, able to meet the conditions of investigation and design units in less than three to form effective competition;

    (E) has completed the project needs modification, expansion or transformation, design influence the functions supporting the project by other units;

    (Vi) qualifications meet the engineering requirements of construction enterprises building their own projects;

    (G) the contractor project under construction that is not changed, and additional ancillary small projects or add layer of body engineering and contractor qualifications in accordance with the project requirements;

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

    Nineth of municipal or County (City) determines the people's Governments of key construction projects, as well as all State-owned funds investment funds or State-owned investment accounts for the construction project of the holding or leading position should be tender.

    Tenth public bidding of construction engineering according to law has any of the following circumstances, after examination and approval by the project approval authorities may be invited to tender.

    (A) relates to national security, secrets or disaster relief, proper bidding without open tender;

    (B) the technical complexity or have special requirements, choice of only a small handful of potential bidders;

    (C) be limited by natural geographical environment;

    (D) to be an open tender costs as compared to project value, not worth it;

    (E) the laws, rules and regulations should not be tendered.

    11th bid tendering for construction projects shall satisfy the following conditions:

    (A) the Tenderer has established by law;

    (B) in accordance with national, State, and shall fulfil the relevant provisions of yinchuan project approval procedures, approval or for the record, had approval, approval or for the record;

    (C) has been made of the planning permit for construction purposes;

    (D) appropriate capital or construction funding sources has been implemented, and issued by the Bank in charge of the recent proof of funds or financial department proof of funding when completed project funding implementation of 50% budget for investment, straddling the engineering implementation of 30% budget for investment of funds;

    (E) survey, design the basic data required to tender already has;

    (Vi) construction tender has a full examination of the construction drawings and other technical information;

    (G) construction of important equipment and materials related to the tender, to make use of equipment, materials and technical requirements;

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

    12th tender tenderer organization, it shall submit to the yinchuan Centre for tendering and bidding management of construction engineering project approval, approval or for the record file, the license of construction land use planning and construction funds. 13th of the tenderer to carry out the tender itself, should have the capacity to prepare the tender documents and organizing bid. Does not have its own bid, the Tenderer shall entrust a qualified engineering a procuratorial Agency to carry out the tender.

    Project bid invitation Agency shall not accept does not comply with the tender conditions of project tendering agency business.

    14th article used public tender way of, tender people should will tender announcement or qualification pre announcement submitted yinchuan construction engineering tender bid management center record, and in specified of media released tender announcement, invited all meet qualification conditions of not specific of corporate bid; used invited tender way of, tender people should to bid invited book of way invited many Yu 3 a reputation good and meet qualification conditions of specific of corporate bid, and will bid invited book submitted yinchuan construction engineering tender bid management center record.

    15th tenders or invitations to bid shall contain at least the following:

    (A) the name and address of the tenderer;

    (B) the tender name, contents, size, sources of funds for the project;

    (C) the place and duration of project implementation;

    (D) the collection of fees on or prequalification documents;

    (E) to obtain tender documents or the time and place of the prequalification documents;

    (Vi) the bidder's qualification requirements.

    Tender notice must be in the "China construction engineering information network" and the "construction of yinchuan," published online by a defined time, engineering investment above 10 million yuan of construction project tender notice shall also publish in the media, published by no less than 5 working days. 16th Tenderer shall, in accordance with the tender notice or invitation to tender provided for time and place of sale or prequalification documents. Tender documents or prequalification documents of sale, from the date of sale to the date of sale of the shortest shall not be less than five working days.

    The Tenderer shall set forth in the solicitation documents or prequalification documents before selling the tender documents or prequalification documents submitted to the yinchuan Centre for tendering and bidding management of construction projects for the record. Tenderer can issue a tender through the information networks or other media files. Through information networks or other media of tender documents and the written tender document having the same legal effect, but the inconsistency in writing bidding documents shall prevail.

    Tenderer shall keep the originals of written tender document original in good condition. Tender documents or prequalification documents after the sale, are not refundable.

    Tenderer in the tender notice is published, the issuance of invitations to bid or sell or prequalification documents without authorization after termination of tender.

    Article 17th bidding registration and pre-qualification in construction project Exchange Center set up by the Government in public.

    Pre-qualification Conference organized by the tenderer, prequalification reports should be submitted to the yinchuan Centre for tendering and bidding management of construction projects for the record. 18th Tenderer shall, in accordance with the tender project needs, the eligibility of applicants.

    The tenderer may not restrict or preclude potential bidders with unreasonable conditions, treatment may not discriminate against potential bidders not to potential bidders submitted does not comply with the bidding requirements of the engineering of high qualification requirements or other unreasonable demands.

    19th State-owned investment projects to determine the qualified bidder, shall comply with the following requirements:

    (A) the project investment of over 10 million Yuan, qualified bidders shall be not less than 9;
(B) construction investment of 5 million Yuan or more than 10 million Yuan, qualified bidders shall be not less than 7;

    (C) of less than 5 million Yuan, qualified bidders shall be not less than 5.

    By number of applicants eligible for review when there are random ballot method can be used to determine qualified bidders. Tender applicant number lower than that specified in the first paragraph must extend not less than 3 working goal tender notices published. Notice expires, the number of applicants still do not meet these requirements, the tenderer must set the highest limit.

    Setting ceilings should be announced in 3 days before the bid closing date, bids above the maximum price bid after tender deemed void. 20th a tenderer shall be according to the characteristics and requirements of bidding projects, either on its own or entrusted a tendering Agency to prepare the tender documents.

    Construction project tendering documents should include the following:

    (A) the name, address, area, building the scale and scope of the tender;

    (B) surveying, designing the basic data required to tender; (C) bidding required to pass the review of construction drawings and technical information.

    Tendering of Bill of quantities and quantities as an important part of the tender documents shall be subject to strict and accurate;

    (D) meet the supervision, material, equipment procurement tender for the technical and economic requirements;

    (E) water supply, power supply, gas supply, heat supply, environmental protection, urban road Foundation materials;

    (F) tender documentation q/a, the time and location of the site;

    (VII) documentation requirements, evaluation of tender rules and be able to set a base price or price-cap;

    (H) the deadline for tender documents;

    (I) to be entered into the main terms of the contract;

    (J) other matters that require description. 21st construction project preparation of bidding, pretender and pre-tender estimate must be kept confidential.

    Bidding should be formed before the bidders after bid opening. Reserve price set, the Tenderer shall be determined according to the circumstances, State-owned investment projects must set a base price or ceiling price.

    Involving health, education, public services, such as construction projects, it should set the minimum price. Bid prepared by the tenderer compiled or commissioned agencies.

    A project can only compiled a base price.

    22nd once the tender documents issued, the Tenderer shall not be arbitrarily changed, absolutely necessary to change should be stated in the bid invitation documents require the tender deadline 15th, by written notice to all bidders, and at the Centre for tendering and bidding management for the record.

    Chapter III tenders

    23rd a bidder shall comply with the Ningxia Hui autonomous region, bidding management of 41st of the rules.

    For the same person of the legal representative of two or more legal entities, the parent company, wholly-owned subsidiaries and holding companies may not be bidding on the same item at the same time bidding.

    Of important equipment and materials associated with construction projects bidding, a manufacturer of goods of the same make, same model, only entrust an agent to participate in the bidding.

    Article 24th of bidder shall, in accordance with the tendering documents for the preparation of bid documents, and define the following:

    (A) the letter of tender;

    (B) survey and design technology program;

    (C) construction organization or construction plan;

    (D) supervision programmes;

    (E) the detailed description of the material, equipment and technical performance parameters;

    (F) tender offer;

    (VII) other materials required by the tender documents.

    25th bidding documents should be produced in accordance with the provisions of the tender documents and sealing, encapsulation should be those with bidders and the legal representative seal. Bids should be delivered to a designated location before the deadline set. Tenders received after winning the bids must be signed for and safekeeping.

    Delivered after the deadline of the tender document is invalid.

    Before opening any unit or individual is allowed to open the tender documents. Submission of bid documents of less than 3, the tenderer should reorganize the tenders according to law.

    Not reorganize the tenders for the duration and other special reasons, must be approved by the municipal people's Government. Article 26th until the deadline for submission of the tender documents before expiration of the validity of the provisions of the tender documents, bidder may supplement, amend, substitute or withdraw its tender documents.

    Bidders are added, modified, replace the tender document, the tenderer will not be accepted. 27th a tenderer in the tender document required bidders to submit a bid bond.

    Tender Bond shall be made by check, bank draft, the amount shall not exceed the bid price of 2%, shall not exceed a maximum of 800,000 yuan. The tenderer should be with the winning bidder within 5 working days after signing the contract, refund to unsuccessful bidders bid security.

    Bidder does not attend the bid opening or the validity of the tender is withdrawn documents, its bid deposit will not be refunded. 28th more construction companies could form a consortium, signed a joint bidding agreement to jointly submit a bidder. Each party to the consortium shall have the appropriate qualifications to undertake the project.

    The same consortium of professional construction companies, construction with low level of qualification in accordance with the scope of business license of the Enterprise contract projects.

    The tenderer may not compel bidders to form a consortium to jointly submit shall not limit competition between bidders.

    29th under any of the following acts, are the bidders bid-rigging:

    (A) among the bidders agreed to raise or lower the bidding;

    (B) mutual agreement between bidders, respectively, within the project with high, medium and low-price quote;

    (C) the bidders bid, bid-fixing, and then take part in the tender;

    (D) the laws, regulations, rules and regulations of the other collusive bidding between bidders.

    30th under any of the following acts, is a tender bidders with bid-rigging:

    (A) the tenderer in the tender opened before the tender documents, and will inform the bidder of the tender, replace or assist the bidder in the tender document, change the quotation;

    (B) disclose to bidders bid of the tenderer;

    (C) the tenderer agree with bidders, bid down or raise the price, bid the bidder or tenderer after additional compensation;

    (D) fixing in advance the winning bidder of the tenderer;

    (E) laws, regulations, rules and regulations of the other bid-rigging.

    31st a bidder is allowed to bid in the name of others.

    To bid in the name of others referred to in the preceding paragraph, refers to the bidders to call other construction units, or from other units by transfer or loan access qualification or certificate or by the legal representative of the other units and in their preparation of the tender documents stamped seal and signature, and so on.

    Chapter fourth bid, evaluation of bids, scaling

    32nd bid opening, bid evaluation and calibration activities in the construction project Exchange Center set up by the Government in public, yinchuan Centre for tendering and bidding management of construction engineering supervision, investment projects must be supervised by the relevant government departments to participate in the process. Article 33rd bid opening meeting presided over by the tenderer, and all bidders shall be invited to attend.

    Tenderer shall open seal all received before the deadline for submission of bid documents bid documents, identification of conformity, and read.

    Set bid, the tenderer should also open unsealed, made the bid.

    Article 34th bids in any of the following circumstances, tender documents expire:

    (A) seal and signature of not complying with the provisions of the tender documents;

    (B) tenders and bidding format file is not complete, incomplete, illegible, altered, clearly pasted or were not sealed by the bidder and the seal of legal representatives;

    (C) the bidder is not provided in accordance with the bid invitation documents require a valid legal proof of the original power of attorney or legal person;

    (D) should be held in accordance with the provisions of the tender documents to prove eligibility confirmed invalid certificates;

    (E) late delivery;

    (F) the bidder does not attend the bid opening meeting on time;

    (G) the planned appointment of project leader without obtaining a valid certificate or is not registered in the unit;

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

    (IX) Consortium bid not accompanied by a consortium of joint bidding agreement;

    (10) other violations of provisions of proposals.

    35th bid established according to law by the tenderer's bid Committee. Evaluation Committee shall be the tenderer's representatives and construction project bid specialists, for not less than five persons in the singular number. Representatives of the tenderer does not exceed one-third, two-thirds of other members by the tenderer in the supervision Department under the supervision of yinchuan construction project bidding evaluation experts from the library randomly.

    Before the Evaluation Committee members in a bid to determine the list should be kept strictly confidential. Evaluation expert should be independent and impartial in performing their duties.

    Experts extracted with bidders interested, should be avoided.

    36th bid assessment shall follow the bid evaluation method set out in the tender documents, bid evaluation methods must be consistent with these rules, you may not use evaluation methods not provided in the tender documents. 37th construction bid evaluation method of bidding documents, technical standard section score weights no more than 30%, score weights commercial parts shall not be less than 70%.

    Landscaping projects and special engineering technology with a high level of standard parts of the score can increase, but not more than the weight of 40%.

    Investigation, design, supervision and construction-related important equipment and materials, such as the evaluation approach should not be adopted low-price method. Article 38th municipal roads, drainage, landscaping project bidding evaluation methods should be used for the construction engineering quantity list method.

    Or may be lower than the cost higher than the budget for the bid, the bid Committee should do a review of malicious bidding or bid up the price of the bid as a void. 39th Bid Committee upon completion of the bid should be writing to the tender evaluation report, recommended the winning candidate.
Evaluation reports shall be signed by all members of the bid Assessment Committee.

    40th Tenderer shall bid bid candidate recommended by the Committee in determining the winning bidder, determination of the winning bidder should complete in the 15th, at the latest, should be determined in the tender prior to the expiration of 30 days, and submit to the yinchuan Centre for tendering and bidding management of construction engineering bid evaluation report.

    Summary of the evaluation report shall be attached to the bid opening, bid sheets, bid evaluation scoring sheet and summary of bid documents, and the winning bidder.

    Tenderer shall on the date of winning notification issued within 30th signed contract with the winning bidder. Bid invitation documents require the winning bidder to submit a performance bond or other form of performance guarantees, the successful tenderer shall submit refusal to submit, considered giving up the winning bidder.

    Tender require the winning bidder to provide a performance bond or other form of performance guarantees, the Tenderer shall simultaneously provide the winning bidder with payment guarantee. 41st State investment projects, be taken after assessment by way of drawing lots to determine the winning bidder.

    Specific procedures are as follows:

    (A) Evaluation Committee in accordance with the provisions of the tender documents evaluation methods to determine 5~6 the successful candidate;

    (B) to the successful candidate in the lowest price as the basis for a new round of bidding;

    (C) upon bidding, there are still three more candidates, on the basis of the lowest price to fall a certain percentage as a basis for another round of bidding;

    (D) there are still three more candidates after two rounds of bidding, bid Committee site randomly by drawing lots to determine the winning bidder.

    Bidding, balloting, supervised by related supervision departments, the winning bidder should be announced on the spot. 42nd bid should result in "construction of yinchuan" online publicity no less than 3 business days. During the publicity, the bidding results of any disputes or complaints, organized separately by the construction Administrative Department evaluation experts to review the bidding result. Review should be completed within five working days.

    Review existing legal bid invalid conditions, bid results, the Tenderer shall re-organization according to law a tender. 43rd State investment project bidding and estimation of individual construction contract price in more than 10 million yuan of construction project bidding evaluation system.

    After evaluation by the financial and auditing departments.

    The fifth chapter legal liability

    44th bidder fails to attend without good reason after bid opening, carry proof of relevant qualifications recognized invalid certificates or not prepared tender documents result in annulment, resulting in tender due to insufficient number of bidders and reorganize the tenders in accordance with law, by construction Administrative Department to give warning.

    45th article violates these rules, prepared the winning bidder fails to pay a performance bond or not to sign the contract, as credited to the credit Manual of bad behavior, and cancel the qualification of winning the tender.

    46th member of the bid Committee went AWOL during the bid process and impact evaluation procedures normally, or in the evaluation process cannot be objective and impartial in performing their duties, given warning by construction administrative departments are serious, cancel bid mound qualification.

    47th on tender and bid activities shall have administrative oversight duties functionary, abuse of authority or neglect their duties, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    48th article violates other provisions in these procedures, laws, rules and regulations shall be punished, according to the relevant laws, rules and regulations shall be punished.

    The sixth chapter supplementary articles 49th these measures shall come into force on May 30, 2009. July 27, 1998 people's Government promulgated and implemented the construction of yinchuan in yinchuan city bidding regulations repealed simultaneously.

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