Administrative Measures For Bidding In Huainan City

Original Language Title: 淮南市招标投标管理办法

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(October 9, 2005 Huainan municipal people's Government at the 21st Executive meeting on October 12, 2005, Huainan municipal people's Government, the 101th promulgated as of January 1, 2006) Chapter I General provisions article to regulate the tendering and bidding activities, protection of national interests, public interests and lawful rights and interests of the parties involved in tendering, in accordance with the People's Republic of China bidding law, Anhui provincial implementation of People's Republic of China approaches the bidding law and other relevant laws and regulations,
    This municipality actually, these measures are formulated.
    Article within the administrative area of the city to tender and bid activities and supervision procedures apply.
    Tender and bid activities shall conform to article open, the principles of fairness, impartiality and good faith.
    Article development and reform of the Executive Branch is responsible for the direction and coordination of bidding and tendering work, municipal development and reform of the Executive Branch, in conjunction with relevant departments on key construction projects identified by municipal people's Government, supervise and inspect the bidding and tendering activities.
    Economy, Commerce, water conservancy, transportation, land and resources, financial and other administrative departments shall, in accordance with the Division of functions, respectively, are responsible for the supervision and inspection of industry and industrial project tendering and bidding activities; construction administrative departments in charge of various types of housing and their subsidiary facilities construction and its matching lines, piping, equipment installation and project supervision and inspection and municipal engineering projects bidding.
    Second chapter tender range and standard fifth article based facilities, and utilities, relationship social public interests, and public security of engineering construction project, all or part using state-owned funds investment or national, and province, and city financing of engineering construction project, using international organization or foreign government loan, and assistance funds of engineering construction project, its survey, and design, and construction, and supervision and engineering construction about of important equipment, and material, of procurement, meet following conditions one of of, should for tender:
    (A) construction single contract estimates investment in 1 million Yuan above of; (ii) important equipment, and material, goods of procurement, single contract estimates price in 500,000 yuan above of; (three) survey, and design, and supervision, service of procurement, single contract estimates price in 300,000 yuan above of; (four) single contract estimates price below subsection (a), and (ii), and (three) items provides of standard, but project total investment in 5 million Yuan above of.
    Laws, rules and regulations for tenders should be project-specific scope and size below these standards, from its provisions. Sixth article relationship social public interests, and public security of based facilities construction project including: (a) coal, and oil, and gas, and power, and new energy, energy project; (ii) railway, and highway, and pipeline, and water, and aviation, and traffic transport auxiliary industry and other traffic transport, traffic transport project; (three) post, and telecommunications hub, and communications, and information network, communications project; (four) flood control, and irrigation, and drainage, and introduction (for) water, and beach governance, and soil and water conservation, and project, water project; (five) road, and bridge, and
    Metro and light rail transport, sewage disposal and treatment, waste disposal, underground pipelines, public car parks and other urban infrastructure project (vi) ecological and environmental protection projects and (VII) other infrastructure projects.
    Seventh article relationship social public interests, and public security of utilities construction project including: (a) water, and power, and gas, and heating, and garden green, municipal engineering project; (ii) technology, and education, and culture, project; (three) sports, and tourism, project; (four) news published, and broadcast Movie TV, project; (five) health, and social welfare, project; (six) commodity residential, including economic applies housing, project; (seven) other utilities project.
    Eighth article all or part using state-owned funds investment of construction project including: (a) using levels financial budget funds of project; (ii) using into financial management of various Government sex special construction fund of project; (three) using state-owned enterprise institutions owned funds, and State-owned assets investors actual has control right of project; (four) by State-owned enterprise guarantees or to state-owned assets mortgage or pledge of commercial banks loan of project.
    Nineth State-financed construction projects include: (a) project using state-issued bonds to raise money and (b) the use of country projects financed by external borrowing or guarantee, (iii) use of national policy loan project (iv) financing of State-authorized investment projects and (e) state-chartered finance project.
    Tenth international organizations or foreign government loans, aid projects, including: (a) using loans from international financial organizations such as the World Bank, the Asian Development Bank funds projects, (ii) use of loans from foreign Governments and their agencies funding projects and (iii) using international organizations or foreign government aid projects. 11th tender projects according to law, any of the following circumstances, without bidding. But should according to project nature, in submitted feasibility research report, and funds application report, and project application report or project record report Shi proposed not tender application, and description reason: (a) involved national security, and national secret, and rescue relief or belongs to using poverty funds implemented food-for-work, and need using farmers workers, special situation of, not suitable for tender of project; (ii) construction project of survey, and design, used specific patent or proprietary technology of, or its building art styling has special requirements,
    And approved by the project authority and (iii) other items unsuitable for tender according to law.
    Tendering and bidding chapter III article 12th should be bidding for projects, and meet the following conditions, parties may organize tenders: (a) appropriate funding or funding sources has been implemented and (b) perform vetting or approval procedures.
    Article 13th should be bidding for projects, the Tenderer submitting project feasibility study report, funding reports, project application report when the report is or projects for the record, shall be attached to the tender scheme. Bidding plan shall include the following information: (a) project investigation, design, construction, supervision and tendering of important equipment and materials procurement, (ii) project investigation, design, construction, supervision, and equipment and material procurement activities to be used in the tender form, tender.
    Proposed bidding and inviting tenders on its own, it shall explain the reasons.
    Article 14th, key construction projects, determined by the municipal people's Government, any of the following circumstances, approved by the municipal people's Government, you can make the invitation to tender: (a) the technical complexity of the project or have special requirements, (ii) have special requirements for proprietary technology and patent protection; (c) the natural resource or environmental constraints or other reasons should not be an open tender. Article 15th tender who adopts the public tender method shall issue a tender announcement.
    Tender notice by the State or province development and reform of the Administrative Department of press and information networks or other media.
    Tender published a tender notice shall be true, accurate and complete.
    16th tenderer by inviting tender, 3 should be above having to undertake the project, good credit the specific legal person or other organization issued the invitations to bid. 17th article all using state-owned funds investment or State-owned funds accounted for holding or led status of project of tender file, should contains Ming following content: (a) tender people name and project name and the profile, and tender range, and sources; (ii) project of number, and scale and main technology, and quality requirements; (three) project of completed term or delivery, and provides service of time; (four) used engineering volume listing tender of, should provides engineering volume listing; (five) on bid people of qualification and bid file of prepared, and submitted, and modified
    , And withdrawn sealed of requirements, bid validity, and opening time and locations,; (six) submitted bid file of way, and locations and as time; (seven) bid quotes of requirements; (eight) assessment standard according to, and standard, and method, set standard principles and determine waste standard of main factors; (nine) main contract terms and the agreement content; (10) tender file of format and the Appendix; (11) tender project of technology requirements and design file; (12) other need contains ming of matters.
    18th article tender people has following conditions of, can itself tender: (a) has project corporate qualification or corporate qualification; (ii) has and tender project scale and complex degree phase adapted of economic, and engineering technology, and almost budget, and financial and management, aspects of professional technology power; (three) has specifically of tender institutions or has 3 name above has engaged in similar engineering or project tender experience of tender business personnel; (four) has familiar and master tender bid legal, and regulations and regulations of personnel.
    Project should be tender, tender people tender, issued invitations to bid shall issue a tender announcement or 7th and reported to the relevant administrative departments.
    All State-owned funds investment, the construction project of State-owned funds accounted for the holding or leading position, it shall be publicly available through the physical market tender.
    19th tenderer with its own tender conditions, no unit or individual may compel the tenderer to authorize a procuratorial Agency to carry out the tender; the tenderer does not have its own bid, bidding agency agent shall entrust a qualified bid, no unit or individual shall not in any way to the designated agency.
    20th bidding agency accreditation in accordance with the relevant provisions of the State.
    And the executive authorities and other State institutions, affiliations or other interests, not in the procuratorial tender business. 21st a tenderer may review the qualifications of all potential bidders.
    Bidders to meet the required conditions shall restrict or exclude, not because of different regional, industry and ownership discrimination potential bidders. 22nd bidder shall satisfy the following conditions: (a) registered according to law, with legal personality;

    (B) its business scope and level of qualifications commensurate with the project, (iii) have the ability to undertake the project.
    The bidders must meet national and provincial key projects national, provincial regulations the qualification. 23rd setting a tenderer who has the right to decide whether to bid. A project can have only one base price. Bidding by the tenderer in accordance with national, provincial and municipal regulations prepared and determined.
    Commissioned the preparation of base number of units and their staff shall not participate in preparing tender documents in connection with the tender.
    Base price of bidding basis, before the bid opening shall be kept confidential. 24th a bidder should be fair competition, must not harm the tenderer or bidder's legitimate rights and interests.
    Bidders may not be mutually agreed to raise or lower the bidding; tenderers why they are not agreed, then as a bidding strategy to participate in the tender must not bid-rigging with the tenderer; not to the tenderer or a means of bribing members of the bid Committee seeking the bid and not the name of another person bids or by bidding below cost price, such as fraud, defrauding bidding.
    25th bidders with less than 3 or all bids are rejected, the Tenderer shall tender according to law. Fourth chapter bid opening, bid and bid 26th bids shall be the time and place specified in the tender documents. Auspices of bid opening or the tender agent by the tenderer.
    The tenderer at the time of bid opening, all valid tender documents shall be opened, and read out in public. 27th bid established according to law by the tenderer's bid Committee. Evaluation Committee by the tenderer representatives and relevant technical, economic experts, membership for 5 or more singular. Technical, economic and other aspects of the expert shall not be less than the total number of members of two-thirds.
    With bidders interested persons shall not enter the bid Assessment Committee of the project.
    Members of the Evaluation Committee of experts, shall, within the evaluation experts randomly selected from a list of experts.
    Before the Evaluation Committee members in a bid to determine the list shall be kept confidential.
    28th members of the bid Assessment Committee shall not privately contacts bidders may not accept bidders, intermediaries and other interested persons of property or benefits shall not be disclosed in the tender documents and evaluation and comparison, successful candidate recommendation and other circumstances relevant to the bid. Evaluation Committee may require the bidder to bid does not clear the contents of the file description as necessary.
    Instructions should be in writing, shall not exceed the scope of the tender documents or changing the substance of the tender documents.
    Bid Committee finds all tender does not comply with the tender requirements, it may reject all bids.
    29th Evaluation Committee should be based on the tender documents provision of article assessment standards and methods, the tender documents are reviewed and compared.
    Evaluation Committee upon completion of the bid, should be writing to the tender evaluation report, recommend 1 to 3 the successful candidate and the sort. 30th article opening and assessment standard process in the, has following case one of of for waste standard: (a) bid file not sealed, or key content handwriting fuzzy, and cannot identified of; (ii) bid file no bid people and statutory representative people or delegate agent seal or signed of; (three) bid people to Consortium way bid, no common bid agreement of; (four) bid file on tender file proposed of substantive requirements and conditions no made response of; (five) assessment standard Committee found bid people to others of name bid, and collusion bid
    Seek bid or other fraud, bribe means bids; (vi) is not consistent with the law and regulations should be set aside. 31st a tenderer shall be identified in the Evaluation Committee recommended the successful candidate ranked successful candidate for the winning bidder.
    First-ranked successful candidate to abandon bid, proposed to perform a contract due to force majeure, or the tender documents shall submit the performance bond within the prescribed time limit could not be submitted, tenderer ranked successful candidate can be identified as the winning bidder.
    Second ranked successful candidate due to reasons provided for in the preceding paragraph cannot sign a contract, the tenderer will determine the successful candidate ranked third for the winning bidder.
    32nd Tenderer shall determine the winning bidder within 7th day of, sent to the winning bidder the winning bidder notice, and at the same time inform all unsuccessful bidders the winning results.
    The tenderer and the winning bidder should bid in the 30th from the date the notice is issued, in accordance with the tender document tender documents and the winning bidder to conclude a written contract. Article 33rd bid invitation documents require the winning bidder to submit a performance bond, a performance bond for the amount of the total value of the contract between 5% and 10%. When signing the contract, the winning bidder of the performance bonds, bank guarantees or forms such as checks, money orders, submission of tender.
    In the 30th after completion of terms of contract, the Tenderer shall refund the winning bidder of a performance bond; not returned in a timely manner shall bear corresponding liability for breach.
    Winning bidder refused to submit the performance bond, considered giving up the winning project, the violator shall bear corresponding liability for breach. 34th a winning bidder shall perform obligations in accordance with the contract and complete the winning project.
    Winning bidder may not transfer the winning project to others. Winning bidder in accordance with the contract or consent of the tenderer, can be part of the winning project non-subject, the critical work subcontracted to others.
    Accepting the subcontracts must have the appropriate qualifications, shall be again distributed packages.
    Winning bidder subcontracting should be accountable to the tenderer, accepting the subcontracts subcontracting bear joint and several liability.
    Fifth chapter legal responsibility 35th article tender people violation this approach provides, has following case one of of, by about administrative sector ordered deadline corrected; on all or part using state-owned funds of project, about approval sector can suspended project implementation or suspended funds allocated; refused to corrected of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) law should tender of project, not has itself tender conditions and itself tender of;
    (B) the key construction projects without approval of the Municipal Government of the city, without a bid.
    Article 36th bidders to bid on behalf of others or by any other means of deception, defrauding bid, the bid invalid, causes losses to the Tenderer shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law. Law must for tender of project of bid people has Qian paragraph by column behavior yet constitute crime of, at bid project amount 5 per thousand above 10 per thousand following of fine, on units directly is responsible for of competent personnel and other directly responsibility personnel at units fine amounts 5% above 10% following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, canceled its one years to three years within participate in law must for tender of project of bid qualification and be announcement,
    Until the Administration for industry and commerce shall revoke business license.
    37th article bid people will bid project transfer to others of, will bid project dismembered Hou respectively transfer to others of, violation this approach provides will bid project of part subject, and key work points package to others of, or points package people again points package of, transfer, and points package invalid, at transfer, and points package project amount 5 per thousand above 10 per thousand following of fine; has illegal proceeds of, and at confiscated illegal proceeds; can ordered closed reorganization; plot serious of, by business administration organ revoked license.
    38th article violates other provisions of this approach by the relevant administrative department shall be given administrative punishment constitutes a crime, criminal responsibility shall be investigated according to law; cause damage to others shall bear liability.
    39th State organs who violate this regulation, favoritism, abuse their powers, neglect their duties, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Sixth chapter supplementary articles article 40th any units and individuals believe that bidding activity in violation of the People's Republic of China bidding law of Anhui Province, and the implementation of People's Republic of China approaches the bidding law and these regulations, shall be entitled to the relevant administrative departments to report or complaint.
    The relevant administrative departments should promptly accept and organize investigation and informed of the results of an informer.
                                                                                                                41st these measures come into force on January 1, 2006.