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(Adopted by the 36th Standing Committee of the People's Government of Honour of 16 December 2005 No. 88 of 27 December 2005 by Decree No. 88 of the People's Government of Honoural State, issued as of 1 February 2006) Chapter I General Article 1, in order to regulate tendering for construction works, enhance the integrated benefits of investment in construction works, protect the legitimate rights and interests of tendering parties, participants, develop this approach in the light of the Law on tendering for tenders in the People's Republic of China, the Regulations on tendering in Honours, and the relevant laws and regulations. Article 2 The construction works referred to in the previous paragraph refer to the construction of various types of housing and municipal infrastructure works and the construction of their subsidiary facilities, as well as to the construction of their links, pipelines, equipment. Article 3 The municipal, district-level people's government (PAA) is responsible for overseeing the management of tendering activities in construction works within this administrative area. In accordance with their responsibilities, the authorities of the local people at the district level are governed by the guidance and supervision of tendering activities for construction works. Chapter II Article IV shall make public tenders for all construction works using State funds, national financing, or state-owned funds, national financing units or dominant construction works. Other construction works to be tendered by law shall be carried out by the solicitation, and the solicitor may choose the form of tendering. Article 5 works in line with the scope and scope of tendering for the construction project shall enter the tangible construction market to determine contractors or suppliers through tenders. The physical construction market referred to in the previous paragraph is a fixed place for the provision of services for construction of work transactions, with the approval of government authorities. Article 6. Construction works to be tendered by law and solicitation by tenderers may apply for general contracting tenders for the survey, design, administration, construction and the procurement of essential equipment, materials related to construction. Article 7. The solicitation for construction works shall have the conditions set forth in the law, the regulations and the following basic conditions, respectively: (i) Surveys, design of tenders: project proposals, feasibility studies have been approved, the survey, design of the information required to collect and complete the survey, design funds have been implemented, and the construction of capital planning permits and the construction of land-use procedures for projects has been carried out; (ii) Practitional tenders: feasibility studies have been approved and the construction of a user-friendly planning licence and building-ground procedures for construction projects have been carried out and the funds have been implemented, and tendering for the construction phase should also be completed; (iii) Construction solicitation: construction of engineering planning licences have been obtained, with design maps and other technical information to meet the requirements of construction tendering, the removal of landlords has been completed and the financing of construction has been implemented; (iv) A solicitation for significant equipment, material procurement: completed design work, technical availability of equipment, materials and related parameters have been identified and the funds required have been implemented. Article 8. The solicitation shall be subject to the following conditions: (i) The qualifications of legal persons or project legal persons; (ii) Engineering technologies, economic managers that are adapted to tendering projects; (iii) The ability to prepare solicitation documents in accordance with relevant national provisions; (iv) The ability to organize the review, the opening, evaluation and identification; (v) There is an inherent solicitation body or a dedicated solicitation operation. The bidder does not have the conditions set forth in the preceding paragraph and shall be entrusted with the organization of tenders by the agent of the engineering solicitation body with the corresponding qualifications. Both parties should enter into written representation contracts. The solicitation and engineering solicitation agents are encouraged to use the model contractual text developed by the State. Article 9 (i) Excluding the awarding operation at the level of qualifications; (ii) Contrary to tendering activities in violation; (iii) To allow other units or individuals to follow up on the solicitation operations by the agency; (iv) To accept or participate in the bidding operations of the same project; (v) Disclosure or sale of the mark or other commercial secrets; (vi) Receiving fees for solicitation services that are not in accordance with the requirements; (vii) Other acts prohibited by law, regulations. Article 10 The solicitation for construction works shall be conducted in accordance with the following procedures: (i) The bidder shall be authorized by law by the Investments Authority or other administrative authorities; (ii) The solicitation notice or the invitation to tender; (iii) Adapting prequalification, and a requester will submit a prequalification document for the construction of an administrative authority prior to the issuance of the pre-conditional pre-qualification documents; (iv) A requester to prepare a request for the establishment of an administrative authority prior to the issuance of the solicitation documents; (v) The sale of solicitation documents; (vi) Organizing bidders to proceed on the ground, and the bidder has questioned the solicitation documents; (vii) The preparation and submission of tender documents by tenderers; (viii) The time and place to be determined in accordance with the solicitation documents; (ix) Commentary on the evaluation board, submission of the evaluation report; (x) The bidder shall determine the bidder and make it more than 3 days in accordance with the report of the Panel; (xi) Within 15 days from the date of the identification of the bidder, the solicitation solicitor will submit a written report on the bidding process to build administrative authorities. Article 11. The solicitation notice or the invitation to tender shall include the following: (i) The nature, size, budget estimates, funding and implementation of tendering projects, the location of implementation, the duration of work, the quality requirements, etc.; (ii) The qualifications and related conditions that the bidder should have; (iii) Time, location and cost of obtaining relevant information, such as solicitation documents; (iv) Other needs clarifications. Article 12. A solicitation or a solicitation body may conduct a prequalification review of potential bidders, as required by the solicitation project itself. The solicitor or the solicitation agent shall sell the prequalification documents, solicitation documents, and collect costs at the time specified in the solicitation notice or the solicitation invitation. Specific charges are provided by provincial price authorities. A notice of solicitation or an invitation to tenders may be issued for the sale of solicitation documents. Article 13. The solicitor or the solicitation agent shall not change the conditions set forth in the prequalification documents or, in the absence of the conditions set, shall conduct the eligibility review of potential bidders or bidders. The bidder shall not impose conditions on potential bidders to submit a qualitative hierarchy of claims incompatible with the solicitation documents and shall not limit or exclude potential bidders without reasonable conditions. Article 14. Prequalification of public solicitation shall be pre-qualified by a prequalification committee composed of experts and tenderers on behalf of more than five persons. Of these, the number of experts who have been drawn from the roster of experts provided by the relevant departments of the provincial government shall not be less than two thirds of the total membership of the prequalification committee. The list of members of the prequalification committee shall be confidential before the determination of the prequalification outcome. Article 15. All tenders for construction of major medium-sized construction works using State funds or State-owned funds, or leading positions, shall be subject to tenders for the list of works. The tendering for the list of works shall be subject to a reasonable minimum tender price method of evaluation and to the development of the construction blocking price as a solicitor to control the highest price of investment in construction works. The construction block price should be made available to the bidder by 10 years of opening tenders. The bidder considers that the construction block price is less than its corporate costs, and that the bidder may not make tenders in writing before the opening of tenders. The bidder shall reorganize tenders after accounting for the parking tender price. Article 16 lists of works, construction blocks or subsets shall be independently prepared by the solicitor or by units with the qualifications of the engineering price counsel, as confirmed by the signing of the contract by the registered engineers. The list of works, the construction of the engineering blocking price or the preparation of the subsoil shall be carried out in accordance with the requirements of the construction works in the province and the related provisions and solicitation documents. Article 17 shall not authorize the solicitation to modify the substantive content of the works list, the engineering mark or the tendering documents. Article 18 The solicitation agent or the solicitation agency shall prepare solicitation documents based on the characteristics and needs of the solicitation projects, and the solicitation documents shall clarify the sharing and price adjustments that result from changes in market prices. The construction solicitation documents should require the bidder to identify measures for safety production standards, security protection and civilization construction and to include the specific costs in the solicitation documents. The solicitation documents should be revised by the solicitation licensor and all bidders should be informed in writing by the opening of tenders, and the establishment of a nuclear test by the administrative authorities. Article 19 builds the administrative authorities within 5 days of receipt of solicitation documents and shall conduct a nuclear test of the legality of the solicitation documents and identify violations of laws, regulations, regulations or omissions, and shall require the solicitation to be corrected and provided in writing. Chapter III Article 20 of the general contract of work registered under the law, survey, design, supervision, construction units and equipment providers may apply for participation in construction works that are adapted to their qualifications and scope of operation. Article 21, which consists of two or more legal persons or other organizations, shall enter into joint tender agreements to clarify the rights, obligations and work to be undertaken by the parties. Joint tenders should be made in the capacity of a bidder. The joint tenders assume a joint responsibility for the medium-term project. In article 22, the bidder had doubts about the solicitation documents and should submit to the bidder in writing within 5 days of the issuance of the solicitation documents that the bidder should respond in writing to the question of the bidder before the opening of tenders by 15, while all bidders were copied and the answering documents should be presented as part of the solicitation documents for the construction of a nuclear authority. Article 23. The bidder shall submit a tender bond to the solicitor in accordance with the solicitation documents. The tender bonds can be cash, bank-led letters, cheques or cheques. The tender bonds were generally 0.5 per cent - 2 per cent of the contract estimate, but the survey, design, treasury tender bonds were not higher than $100,000, and the construction tender bond was up to $800,000. The bidder shall return to the tenderer's tender bonds within 5 days of the issuance of the notice of the mark; the bid bonds shall be returned to the marker at the time of signing the contract. In addition to the force majeure factors, the bidder shall terminate the solicitation activities and shall return the tender bonds twice. Article 24 shall be sealed and shall be added to the public chapter of the bidder, the statutory representative or the author's stamp, and, in accordance with the time specified in the solicitation documents, the solicitation documents shall be delivered to the solicitor or the solicitation body. The solicitation or the solicitation agent of the works shall receive the solicitation documents before the deadline for the submission of tenders, and the bidder shall be given a voucher with the time of the signing and the signing of the solicitation documents and shall not be opened before the opening of the tender. Article 25 Before the deadline for submission of tender documents, the bidder may supplement, modify or withdraw the submitted tender documents and inform the solicitor or the solicitation agent in writing. Supplementary and revised elements are part of the solicitation documents. The solicitation documents begin with the date of the submission of tender documents to the bidder, which is not less than 20 days. Chapter IV Article 26 Opening, evaluation and targeted activities are chaired by the solicitation or by the solicitation agent, and are subject to the supervision of the construction of administrative authorities and other relevant administrative authorities. Article 27 A solicitation or an engineering solicitation body shall convene a tendering meeting at the same time as the deadline for submission of tender documents established in the solicitation documents. The legal representative of all bidder or its commissioner shall participate in the opening of tenders and present a business licence, a certificate of qualifications, a legal representative's identity or a legal representative's authorization, the identity of the author and other documents and information provided for in the solicitation documents. Article 28 shall be subject to the following procedures: (i) The original of the documents and information required by the solicitor or the solicitation agency to test article 27 of the scheme; (ii) Examination by a bidder or by a representative of its choice of the solicitation documents and the sealed seals of the tender, which are closed by the solicitor or by the engineering solicitation agent; (iii) There is a floor to publish the floor; (iv) The bidder's tender price, work period, quality standards and other key elements of the solicitation documents should also be read out in the work insurance, security measures cost. A bidder or an engineering solicitation body shall accurately record the opening of the tender process and be archived by the signatures confirmed by the participating parties. Article 29 presents one of the following cases in which tenders are invalid: (i) In violation of article 24, paragraph 1, of the scheme; (ii) The bidder's statutory representative or its commissioner did not participate in the opening session; (iii) Other cases provided for by law, legislation or solicitation documents. In the preceding paragraph, the effect of the outcome of the mark is null and void. Article 31 Findings and targets are based on the following basic principles: (i) Examination of tenders: reasonableness, survey methods and means for the survey programme, and the high level of technology, to assess the extent to which the survey documents meet the normative and design requirements for the corresponding survey phase, to meet reasonable work periods, focusing on the ability of the bidders to perform their performance, credibility and survey personnel, and to report the costs in line with national fees standards; (ii) Design solicitation: focus on the safety, economic, scientific, reasonableness and the design of concepts or programmes should be in line with planning, firefighting, energy efficiency and environmental requirements, security, economic, technical, functionality in line with national technical norms, focusing on the ability of bidders to perform, credibility and design personnel, in compliance with national fees standards; (iii) Practitional solicitation: focus on the extent to which the outline meets the normative and design requirements of the penitentiary phase, with a focus on the management capacity of the visiting institution for the penitentiary project, in line with national fees standards and with low-cost advantages; (iv) Construction solicitation: a focus on valuating the value of the construction price, and that the price would guarantee the quality, safety, environmental protection and duration of the works, the implementation of security production requirements, and the staffing of personnel and equipment in line with construction works requirements, and the reasonableness of the construction organization's programme; (v) A solicitation for significant equipment, material procurement: technical parameters for equipment, materials are in line with design requirements, stability, high prices and improved services after the sale. Article 31 Findings is the responsibility of the tendering committee established by law within 24 hours prior to the opening of the tender. The total number of bid boards is more than five, consisting of the solicitation representatives and experts in the relevant fields of engineering technology, economy. The experts who were randomly drawn from the roster of experts provided by the relevant departments of the provincial government must not be less than two thirds of the total membership. The list of members of the evaluation board shall be confidential before the outcome of the mark is determined. Article 32 shall establish a convenor who shall be determined by a solicitor or by a member of the evaluation board. The Convener is responsible for reviewing the convening of the members of the Commission and other daily work. The convenor has the same voting rights as other members of the Review Committee. Article 33 shall not modify the evaluation method and the tendering documents of the bidder in the course of the evaluation process, and shall not engage the bidder and the disclosure of the information on the tender and shall not be obtained from the bidder. The bidder may not serve as a member of the evaluation committee. In the course of the evaluation, the members of the evaluation board found that there was a need to avoid the bidder and should be offered to avoid it. No unit or individual shall interfere with the evaluation activities of the members of the Commission. Article 34 quantifications should be used in accordance with the provisions of the solicitation documents either by means of an integrated assessment law or by a reasonable minimum tender price law, as well as other methods of evaluation under the law, regulations and regulations. The criteria and methods not provided in the legal, regulatory, and solicitation documents shall not be used as the basis for the evaluation. Article XV, which was evaluated by the Review Committee, provided that the tender documents contained legal, regulatory and solicitation documents stipulating the circumstances of the mark and should be deemed invalid. One of the following major preferences should also be identified as invalid: (i) The absence of a tender security or a tender security provided in accordance with the solicitation documents; (ii) The deadline for the completion of tendering projects as set out in the solicitation documents exceeds the period specified in the solicitation documents; (iii) Clearly not in accordance with the technical norms, technical standards requirements or technical norms and standard requirements of the solicitation documents; (iv) The equipment contained in the solicitation documents, the packaging of the goods, the test criteria and methods are not in compliance with the requirements for the solicitation documents; (v) The solicitation documents are accompanied by conditions that the solicitor cannot accept. The solicitation documents provide for a significant difference, from their provisions. Article 36 of the tender document responds in substance to the request for solicitation documents, but there are cases of omissions or the provision of incomplete technical information and data in individual locations, as well as the removal of such omissions or incomplete technical information and data will not result in unfair results for other bidders and are slackening. The difference does not affect the effectiveness of tender documents. The CRIC shall, in writing, request that the bidder make the necessary written clarifications, clarifications, clarifications or additions in the form of written clarifications, clarifications, clarifications or additions to the extent of the solicitation documents or substantive amendments to the tender documents. The clarifications, clarifications or additions made by the bidder after the deadline for the submission of the tender documents cannot be used as a basis for the content and evaluation of the tender documents. Article 37 was evaluated by the CRIC that all tenders were not in accordance with the solicitation documents requirements or that the bid was not competitive and that all tenders could be rejected. All tenders were rejected and the bidder should reproduce tenders in accordance with this approach. Article 338 shall be evaluated by the Commission in accordance with the criteria, methods and terms of award established in the solicitation documents. The members of the evaluation committee that had contested the evaluation findings should make written statements of their differences and grounds. The dissenting members of the Commission denied signature in the evaluation report and did not present their differences and grounds, as agreed with the evaluation. The Commission shall make a written statement and file thereon. Upon the completion of the evaluation, the CRIC shall submit a written evaluation report to the solicitor, specifying the evaluation and comparative opinions of the valuator on the tender documents and, in accordance with the methodology set out in the solicitation documents, no more than three successful candidates are recommended in advance. The bidder shall determine the bidder in accordance with the ranking of the candidates recommended by the Committee. When the identified bidder renounces the mark or makes it impossible to perform the contract due to force majeure, the solicitation may determine the other successful candidates in the order. Article 40 shall include the following elements and be signed on a page by all members of the evaluation board: (i) The opening record; (ii) A list of tenders consistent with the requirements; (iii) A statement of invalidity or invalidity; (iv) The price of evaluation or a comparative table; (v) The subordination of the evaluated bidder; (vi) The proposed list of candidates and the matters to be addressed before the contract is signed; (vii) The main issues and conclusions raised by the members of the Commission in the evaluation process; (viii) To clarify, clarify or supplement the summary of the matter; (ix) Other needs clarification. Article 40 shall determine the outcome of the tender and provide an indication of the outcome of the tender, in accordance with the list of candidates identified in the evaluation report, without less than 3 days. In article 42, the solicitation documents require the submission of the performance bonds or other performance guarantees, the bidder shall submit and reject the submission as a waiver. The performance bonds are generally not more than 10 per cent of the bid contract price, and the bidder shall not be allowed to increase the amount of the performance assurance or to change the amount of the mark to be mandatory after tendering. The bidder requests the bidder to submit the security of implementation, and the bidder shall be submitted and the performance voucher shall be presented to the relevant construction authority. Article 43 thirteenths shall enter into a written contract in accordance with the relevant provisions of the solicitation documents and the commitments of the bidder's bid documents within 30 days from the date of the issuance of the notice of the intermediate tender. Within seven days from the date of the written contract or with the consent of the parties, the solicitation shall send the contract to the construction of the administrative authority. The solicitation and bidder are encouraged to use the model contractual text developed by the State. Participants in tendering activities and other stakeholders considered that tendering activities were in violation of the law, should make a complaint to the relevant administrative oversight authorities. The complaint should include the basic facts of the matter of the complaint, an effective line, the relevant evidence, the relevant requests and claims. After receipt of a complaint by the administrative oversight department, the complainant should be processed in a timely manner and informed of the results. The administrative oversight services receive basic facts on complaints matters, an effective line, relevant evidence, relevant requests and anonymous complaints that should be addressed in a timely manner. When the administrative oversight department and its staff deal with complaints, it should be conducted in accordance with the State's provisions on confidentiality. Chapter V Legal responsibility Article 42, in violation of the provisions of this approach, is punishable by law by the construction of administrative authorities by the local people at the district level or by the relevant administrative authorities. Article 46, in accordance with this approach, should enter into tenders without access to tangible construction markets and be invalid. Article 47, in violation of article 9, subparagraphs (i), (ii), (iii), of the scheme, is correct and fines of up to 3,000 dollars. Article 48 of the solicitation or the solicitation agent violates this approach, consists of one of the following acts, a change of responsibility and a fine of more than 30,000 dollars; and, in exceptional circumstances, a reorganized solicitation. (i) The publication of a notice of tendering or the issuance of tender invitations to the sale of solicitation documents is less than 5 days; (ii) Changes in the solicitation documents, which are not communicated to all bidders by 15 times of the deadline for tendering; (iii) The solicitation documents started to issue to the bidder at less than 20 days on the date of the submission of tender documents. Article 49, in violation of article 17 of this scheme, is correct and fines of up to 3,000 dollars. Article 50 Board members were left behind in the evaluation process, affecting the normal conduct of the tendering process and cautioned; the members of the evaluation board had a change in the evaluation process and the bidder's bid documents, which had been removed from the expert roster and would not be allowed to participate in any evaluation of the tendering project in accordance with the law and to impose a fine of up to 3,000 dollars. Article 50 provides for the creation of administrative authorities and other relevant administrative authorities staff to take advantage of private fraud, disclosure, bribe, abuse of authority or negligence in tendering, and has not been a crime, and administrative disciplinary by the administrative inspectorate is lawful. Annex VI Article 52 states that construction works are one of the following conditions, and that tenders may not be made available for the construction of administrative authorities by the local people's government at the district level: (i) Construction or rehabilitation of construction construction after construction, with no change in the contractor and a lack of qualifications; (ii) Units such as survey, design, treasury, construction and self-ustained construction works, which meet the required professional qualifications; (iii) Inadequate tenders involving national security, State secret, risk-recovery; (iv) The use of poverty-reduction funds for work-raising and the use of farmers' jobs; (v) Other cases provided for by law, regulations. The specific conditions for surveying, design, construction subcontracting and labour subcontracting are provided by the provincial executive authorities. Article 54 |
