Implementation Measures For The Construction Project Bidding, Guizhou Province

Original Language Title: 贵州省建筑工程招标投标实施办法

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(December 16, 2005 at the 36th Executive meeting of Guizhou province on December 27, 2005, Guizhou Provincial people's Government, the 88th release come into force on February 1, 2006) Chapter I General provisions article in order to standardize construction project tendering and bidding activities, improve the comprehensive benefits of construction investment, protect the legitimate rights and interests of tendering parties, participants, in accordance with the People's Republic of China bidding law, of the Guizhou province, bidding regulations and related laws and regulations,
    Combined with the facts of the province, these measures are formulated.
    Second construction engineering bidding and tendering activities within the administrative area of the province, these measures shall apply.
    Works are referred to in the preceding paragraph refers to the various buildings and ancillary facilities and municipal infrastructure engineering projects and its wiring, plumbing and equipment installation works.
    Third provincial construction Administrative Department to exercise unified supervision and management of construction bidding activities across the province.
    City and county-level Governments (Administrative Office) construction administrative departments responsible for supervision and management of construction bidding activities within their respective administrative areas.
    Other relevant departments under the people's Governments at and above the county level functions, exercise guidance, supervision and administration over construction project tendering and bidding activities. Fourth chapter tender all construction works for the use of State funds, the State finance, or State funds, the State finance controlled or dominated by construction work should be an open tender.
    Solicitation of construction works should be carried out according to law, the tenderer should choose to tender.
    Article comply with the bidding of engineering construction project scope and scale standards of construction, should enter the visible construction market determined by the bidding contractors or suppliers.
    Referred to in the preceding paragraph refers to the visible construction market approved by the competent Department of the Government, fixed places that provide services for project transactions.
    Article sixth building works tender according to law, the tenderer can project investigation, design, supervision, construction as well as with regard to the construction of important equipment and materials procurement, general contractor tender. Seventh article construction tender should has legal, and regulations provides of conditions, and respectively has following basic conditions: (a) survey, and design tender: project proposal, and feasibility research report has approved, survey, and design by needed of about information collection completed, survey, and design funds has implementation, construction project of construction with to planning license and construction with to procedures has completed; (ii) supervision tender: feasibility research report has approved, construction project of construction with to planning license and construction with to procedures has completed
    , Supervision funds has implementation, construction stage supervision tender of, also should completed survey and design work; (three) construction tender: construction engineering planning license has made, has meet construction tender need of design drawings and other technology information, land demolition has end, construction sources has implementation; (four) important equipment, and material procurement tender: design work has completed, equipment, and material of technology performance and related parameter has determine, by needed funds has implementation.
    Eighth article tender people has following conditions of, can itself organization tender: (a) has corporate or project corporate qualification; (ii) has and tender engineering project phase adapted of engineering technology, and economic management personnel; (three) has by national about provides prepared tender file of capacity; (four) has Organization qualification review, and opening, and assessment standard, and set standard of capacity; (five) has features of tender institutions or full-time tender business personnel. The tenderer does not have the conditions prescribed in the preceding paragraph, shall entrust the bidding agencies of engineering organizations with the corresponding qualifications bids.
    The Parties shall enter into a written contract.
    Encourage bidding and tendering agency uses national contract enter into a contract.
    Nineth article engineering tender agent institutions shall not has following behavior: (a) beyond qualification grade undertake tender agent business; (ii) illegal manipulation tender bid activities; (three) allows other units or personal affiliated this institutions undertake agent tender business; (four) accept or participation same project of bid agent business; (five) leaked or sold bid or other commercial secret; (six) charged not meet provides of tender agent service fee; (seven) legal, and regulations ban of other behavior.
    Tenth Article construction tender should according to following program for: (a) tender people will law should approved of tender preliminary programme reported investment competent sector or other administrative competent sector approved; (ii) tender people released tender announcement or issued bid invited book; (three) implemented qualification pre of, tender people in sale qualification pre file 3rd Qian will qualification pre file reported construction administrative competent sector record; (four) tender people in sale tender file 5th Qian, reported construction administrative competent sector record; (five) sale tender file;
    (Six) Organization bid people reconnaissance site, bid people on tender file has questions of, by tender people for answering; (seven) bid people prepared and submitted bid file; (eight) according to tender file determine of time, and locations opening; (nine) assessment standard Committee assessment standard, submitted assessment standard report; (10) tender people according to assessment standard Committee submitted of report determine bid people and publicity 3rd above; (11) determine bid people of day up 15th within, tender people will tender bid situation of written report reported construction administrative competent sector record.
    11th article tender announcement or bid invited book should including following content: (a) tender project of nature, and scale, and estimates, and sources and the implementation situation, and implementation locations, and implementation time, and duration, and quality requirements,; (ii) bid people should has of qualification grade and related conditions; (three) gets tender file, related information of time, and locations, and costs; (four) other need description of situation.
    12th tendering or bidding agencies of engineering can be based on the inherent requirements of tender with prequalification of potential bidders the qualification. Tendering or bidding Agency, shall, in accordance with the tender notice or invitation to tender provided for time and place of sale of the prequalification documents, solicitation documents, and preparation costs charged.
    Specific measures shall be separately prescribed by the provincial Department in charge of price.
    Tender notice is published or issued invitations to bid after 5th, before they can release the tender documents.
    13th bidding or tendering agency may change the prequalification documents as set out in condition or does not set forth the conditions for potential bidders or bidder qualification.
    Tender of potential tenderers shall not be made incompatible with the bid invitation documents require additional conditions such as qualification requirements shall be subject to unreasonable conditions restrict or preclude potential bidders. 14th public tender pre-qualification, experts and representatives of the tenderer pre-qualification Committee consisting of 5 or more singular, follow the prequalification documents for examination.
    Among them, the roster of experts from relevant departments of the provincial government provides randomly selected number of experts shall not be less than the total number of members of the Committee for the pre-qualification of two-thirds.
    Prequalify before prequalification to determine an updated membership list of the Committee shall be kept confidential.
    15th using State funds or State funds controlled or dominated by large and medium sized construction projects bidding, should carry out the engineering quantity list bidding. Engineering quantity list bidding should adopt rational lowest bidding price method for review, and engineering block bid price, as a tenderer to control construction investment ceilings.
    Engineering block bid price shall be disclosed to the bidders prior to the opening 10th. Bidders believe that block bid price lower than the cost of the project, notice in writing prior to bid opening 5th bid no bid.
    When bidders is less than 3, the Tenderer shall be accounted for again after block bid price of engineering, reorganize the tenders.
    16th quantities, engineering block bid price or base price should be determined by the tenderer or independent with the engineering cost consulting qualification system, confirmed by the seal for certified cost engineers.
    Block bid price or base price of engineering quantity list, project preparation, shall, in accordance with the provincial architectural engineering valuation basis and its relevant provisions and the requirements of the tender documents.
    17th a tenderer may be supplemented, modified quantities, engineering block bid price or base price cost of the substantive content of the file.
    18th bidding or tendering agency should be according to the project's characteristics and the need for the preparation of tender documents, solicitation documents shall clearly poses a risk of changes in market share and price adjustments.
    Bidders bidding documents should be requested to clear safety standards, safety and civilized construction measure and separately presented in the tender documents of the special funds.
    Modified tender bidding documents shall be notified in writing by opening 15th of all bidders, and construction Administrative Department personnel.
    19th construction Administrative Department received the tender documents in the 5th, shall check the legality of the tender documents, found to be in violation of the law, regulations, rules or unconscionability shall request the tenderer to correct and to state the reason in writing.
    20th chapter tender legally registered general contractor, exploration, design, supervision, construction units and equipment and materials suppliers, can apply to participate in qualification and adapted to the scope of construction project bidding.
    21st two and two or more legal persons or other organizations to form a consortium to bid for, each party to the consortium shall enter into a joint bidding agreement, clearly the rights and obligations of the parties and shall be liable for the work. Consortium to jointly submit a bidder.
    Consortium bid bid, joint bid assume joint and several liability.
    22nd bidders in the tender documents in question, it shall, within the tender documents issued 5th made in writing to the tenderer, the tenderer should bid in written form before 15th of the bidder's question answering, with a copy to all bidders, answer files as part of the tender documents construction Administrative Department personnel. Article 23rd tenders to the Tenderer shall, in accordance with the tender documents required to submit bid security.

    Bid security can be cash, bank guarantees, bills of Exchange or cheques.
    Bid for the contract estimated price of 0.5%-2%, exploration, design, supervision bid bond shall not exceed a maximum of 100,000 yuan, construction bid bond shall not exceed a maximum of 800,000 yuan.
    5th after the Tenderer shall issue a notification within the bidder's bid; returning at the time of signing the contract to the winning bidder's bid.
    Except for force majeure reasons, terminate the tender of the tenderer should return double the bidders bid.
    Article 24th bid documents shall be sealed and stamped with the bidders on the sealing seals, seal legal representative or its authorized agents, in accordance with the provisions of the tender documents of the time and place of the tender documents bidding or tendering Agency.
    Tender or the tender agent institution in the tender prior to the deadline of receipt of tender documents, bidders should be the recipient and signed proof of time, and keep the bid documents, before the bid opening shall not be opened. 25th in the time before the deadline for submission of the tender, bidders submitted tender documents can be added, modified, or withdrawn, and notify the tendering or bidding Agency.
    Supplement, modify the content as part of the tender documents.
    Date of tender documents issued to the bidder submitting the tender closing date, minimum of not less than 20th.
    Fourth chapter bid opening, bid evaluation and calibration 26th bid opening, evaluation and calibration activities hosted by bidding or tendering Agency, accepted construction administrative departments and other relevant administrative departments of supervision and management. 27th bidding or tendering Agency shall be established by the tender documents of the deadline for submission of the tender and convened the bid opening meeting.
    All the bidder's legal representative or his or her authorized representative should attend the bid opening meeting and show business license, qualification certificate, ID card of the legal representative or the legal representative of a power of Attorney, is the principal's ID and other documents specified in tender documents and information. 28th article opening should according to following program for: (a) by tender people or engineering tender agent institutions test this approach 27th article requirements bid people provides of documents and information original; (ii) by bid people or its elected of representative check bid file and bid sealed situation, by confirmed correct Hou, by tender people or engineering tender agent institutions public opened; (three) has bid of, announced bid; (four) read bid people of bid price, and duration, and quality standard and bid file of other main content,
    Tender documents for construction should also read the separate fee for insurance, security measures.
    Bidding or tendering Agency shall accurately record bid opening process, confirmed by the parties involved and sign archives.
    Article 29th opening of one of the following circumstances, bid null and void: (a) the tender documents in violation of the first paragraph of article 24th; (b) the bidder's legal representative or its authorized representative does not attend the bid opening meeting, (iii) other circumstances as stipulated by laws, administrative regulations or the tender documents.
    Circumstances set forth in the preceding paragraph, and influencing the results of the bid, the bid invalid. 30th article assessment standard, and set standard respectively by following principles for: (a) survey tender: survey programme economic reasonable, and survey method and means complete, and technology advanced feasible, evaluation survey file meet corresponding survey stage of specification and design requirements of degree, survey progress meet reasonable of duration, focused on study bid people of performance, and reputation and survey personnel of capacity, quotes meet national charges standard; (ii) design tender: focus evaluation design concept or design programme of security, and economic sex, and scientific, and rationality
    , And the design concept or design programme should meet planning, and fire, and energy-saving and environmental requirements, security, and economic, and technology, and function meet national technology specification, focused on study bid people of performance, and reputation and design personnel of capacity, quotes meet national charges standard; (three) supervision tender: focus evaluation supervision outline meet supervision stage of specification and design requirements of degree, focused on study supervision units on supervision project of management capacity, quotes meet national charges standard and has low price advantage;
    (Four) construction tender: focus evaluation construction quotes of price advantage, and the quotes can guarantee engineering of quality, and security, and environmental and duration, safety funding implementation, personnel and equipment equipped with meet construction construction of requirements, construction organization programme reasonable; (five) important equipment, and material procurement tender: equipment, and material of various technology parameter meet design requirements, performance stable, price high, after-sales service perfect. 31st bid assessment is carried out by the tenderer in the tender established according to law within the first 24 hours of the bid Committee. Evaluation Committee is 5 per cent of the total number singular, by the tenderer representatives and related engineering technical, economic and other experts.
    Roster of experts from relevant departments of the provincial government to provide a random sample of members of the expert shall not be less than the total number of two-thirds.
    Before the Evaluation Committee members in a bid to determine the list shall be kept confidential. Article 32nd convenor of the Evaluation Committee shall be established, Convenor of determined by the tenderer or by the Evaluation Committee members elected. Called Convenor is responsible for the Evaluation Committee members and other routine work.
    Convenor and other members of the bid Assessment Committee shall have the same voting rights.
    33rd members of the bid Assessment Committee shall not change the bid during the bid process and the bidders bid documents shall not privately contacts bidders and leaking bidding information shall not obtain improper benefits from bidders. With bidders interested persons may not serve as members of the bid Committee.
    Members of the bid Committee in the evaluation process of discovery with bidders need to avoid the situation, should be offered to withdraw.
    No unit or individual shall interfere with members of the bid Assessment Committee's evaluation activities.
    34th bid shall, in accordance with the provisions of the tender documents the use of integrated assessment method or rational lowest bidding price method and review laws, regulations, rules and regulations of the other bid method.
    Laws, regulations, rules and tendering documents not provided for in the standard and not as a basis for evaluation. 35th by the bid Committee review, tender documents are legal, regulatory and waste provisions of the tender documents, it shall be deemed as void. Appeared following major deviation case one of of, also should finds for waste standard: (a) no according to tender file requirements provides bid guarantees or by provides of bid guarantees has flaws; (ii) bid file contains ming of tender project completed term over tender file provides of term; (three) obviously not meet national provides of technology specification, and technology standard requirements or below tender file technology specification and standard requirements; (four) bid file contains ming of equipment, and goods of packaging way, and
    Testing standards and methods which do not meet the requirements of the tender documents; (v) the unacceptable conditions attached to the tenderer the tender documents.
    Otherwise provided in the tender documents for material deviation from its provisions. Article 36th substantially responsive bid invitation documents require the bidding documents, but in some places there is leakage or provides incomplete technical information and data, and so on, and correct these missing or incomplete technical information and results of the data will not be unfair to the other bidders, belong to the subtle bias.
    Slight deviations do not affect the validity of the tender documents.
    Evaluation Committee should provide a written request to the bidders in the tender documents and in the ambiguous, inconsistent on similar issues or text, there were clearly wrong as necessary a written clarification, explanation or correction, clarification, explanation or correction shall not go beyond the contents of the tender document the scope of or in the tender documents and to make substantive changes.
    Bidders on the submission of bid documents after the deadline to make the clarification, explanation or correction not as evidence of the content of the bidding documents and bidding.
    37th as the bid Committee believes that all tender does not comply with the tender document requirements or insufficient effective bids 3 and lack of competitive bidding, it may reject all bids.
    All bids are rejected, the Tenderer shall, in accordance with the way new. 38th Evaluation Committee should be in accordance with the tender documents to determine evaluation criteria, methods, evaluation and award conditions.
    Evaluation conclusions dissenting members of the bid Assessment Committee shall in writing as its differences and reasons. Disagrees with the bid evaluation Committee members refused the bid to sign on and does not state its views and reasons, as agreed with the evaluation conclusions.
    Evaluation Committee shall be made in writing and filed.
    39th after the bidding is completed, the Evaluation Committee shall put to tender a written evaluation report, clarify the Evaluation Committee for the evaluation and comparison of bids and tender document provided for in the bid evaluation method, according to the ranking recommendation of no more than 3 the successful candidate. The Tenderer shall, in accordance with the bid Commission's recommendation for the successful candidate are sorted to determine the winning bidder.
    When determining the winning bidder to give up the bid or due to force majeure factors performance contract, the tenderer in order to determine the successful candidate to the winning bidder. 40th article assessment standard report should including following content, and by all assessment standard Committee members by page signed: (a) opening records; (ii) meet requirements of bid list; (three) invalid standard or waste standard situation description; (four) by review of price or score compared list; (five) by review of bid people ranking sort; (six) recommended of bid candidates list and signed set contract Qian to processing of matters; (seven) assessment standard process in the assessment standard Committee members proposed of problems and conclusion; (eight) clarified, and description
    Summary of the correction or, (IX) should be noted.
    41st Tenderer shall be determined according to the evaluation report of the results of successful candidate lists to determine the successful bidder and the bid results were public announcements, public notice no less than 3rd. 42nd bid invitation documents require the winning bidder to submit a performance bond or other guarantee of performance, winning bidder shall be submitted and refused to submit the bid of invalid.

    10% is generally not more than a performance bond the successful bidder of the contract price, the tenderer may be supplemented, improved line of performance bonds or disguised to force the winning bidder after a bidding Fund.
    Winning bidder request the tenderer to submit a performance guarantee, the Tenderer shall submit, and performance guarantee vouchers corresponding to the building departments. 43rd tenderer and the winning bidder shall bid in the 30th from the date the notice is issued, in accordance with the tendering documents related provisions enter into a written contract of commitment and the winning bidder bids, bid the price of the contract.
    Enter into a written contract within 7th day of, or by mutual consent, alteration of the contract, the Tenderer shall send the contract construction administrative departments for the record.
    Encourage the tenderer and the winning bidder using the national contract enter into a contract. 44th tendering and bidding activities of participants and other interested parties think of tender and bid activities an offence shall be made to the relevant departments for administrative supervision real complaints.
    The complaint should include basic complaint, proof of valid clues, related, relevant requests and claims. Administrative supervision Department received the real complaint, should be processed in a timely manner and will address informed the complainant of the outcome.
    Administrative supervision Department received the basic facts of the matter, effective clues, related, relevant requests and claims clear of anonymous complaints, shall promptly conduct a review of the complaints process.
    Administrative supervision departments and their staff to handle complaints, shall be in accordance with the confidentiality provisions of the State.
    45th fifth chapter legal liability for breach of the regulation, construction of local people's Governments at or above the county level administrative department or relevant administrative departments will be punished according to law.
    Article 46th in accordance with this approach should be entered but did not enter the visible construction market, the bid invalid.
    47th construction bidding Agency in contravention of this article Nineth part (a), (b), (c) the provision shall be ordered to correct, and a fine of 3000 Yuan and 30,000 yuan fine.
    48th tender or the tender agent institution in violation of these regulations, any of the following acts shall be ordered to correct, and a 3000 Yuan and 30,000 yuan fines; the circumstances are serious, shall be ordered to reorganize the tenders.
    (A) issue a tender announcement issued invitations to bid or to the date of sale date of tender documents less than 5th, (ii) change of tender documents, does not inform all bidders before bid closing time on 15th, (iii) date of tender documents issued to the bidder submitting the tender closing date of less than 20th.
    49th article violates this article 17th, correction and fined a maximum of 3000 Yuan and 30,000 yuan.
    50th article assessment standard Committee members in assessment standard process in the AWOL, effect assessment standard program normal for of, give warning; assessment standard Committee members in assessment standard process in the has changes assessment standard approach and bid people bid file behavior of, will its from experts roster in the clear, shall not again participate in any law should for tender project of assessment standard, and at 3000 Yuan above 30,000 yuan following fine.
    51st construction Administrative Department and other administrative departments concerned in tendering and bidding process in malpractices for personal gain, to reveal the secret acts, such as bribery, abuse of authority or neglect their duties, does not constitute a crime, administrative supervisory organs shall be given administrative sanctions.
    Sixth chapter schedule 52nd article construction has following case one of of, by County above place Government construction administrative competent sector record, can not for tender: (a) stopped or postponed Hou recovery construction of construction, contractor not occurred change, and qualification not reduced of; (ii) survey, and design, and supervision, and construction, units raised funds construction and use of construction, the units of professional qualification conditions meet requirements of; (three) involved national security, and national secret, and rescue relief, should not be tender of;
    (D) use of poverty relief funds the implementation of food-for-work, require the use of migrant workers, (v) other circumstances as stipulated by laws and regulations.
    53rd reconnaissance, design, construction and labor service specific conditions by construction administrative departments of the province separately.
                                                                  54th these measures shall come into force on February 1, 2006.

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