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Tianjin Construction Engineering Construction Tender Bids The Regulation On Supervision And Management

Original Language Title: 天津市建设工程施工招标投标监督管理规定

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(Health No. 3 of 2 June 2003 at the 3rd ordinary meeting of the Government of the People's Republic of Oxford, adopted by Decree No. 3 of 2 July 2003)

Chapter I General
Article 1 establishes this provision in the light of the relevant laws, regulations, in order to regulate tendering activities for construction works in the city, preserve the legitimate rights and interests of the tendering party.
Article II conducts tendering for construction works within the current municipal administration and implements the oversight and application of this provision for tendering activities for construction works.
The construction works described in this provision refer to various types of housing construction works and municipal infrastructure works.
The housing construction works described in this provision refer to various types of housing buildings and their subsidiary facilities and to the line, pipelines, equipment installation works and internal and external renovations.
This provision refers to urban infrastructure works, public transportation, bridges, tunnels, ground iron, light, water, drainage, temperature, heating, parking, sanitation, sewage treatment, garbage treatment, underground public facilities and installation of equipment.
Article 3 solicitation activities for construction works in this city should be guided by the principles of openness, equity, impartiality, choice and good credit.
Article IV provides administrative authorities with harmonized oversight over tendering activities for construction works in this city, and entrusts the municipal construction engineering solicitation to oversee the implementation of specific organizations responsible for the management of tenders for construction works in this city.
In accordance with the division of responsibilities, the regional, district-building administrative authorities are responsible for overseeing the management of tendering activities for construction works within the Territory and entrusts them with the implementation of specific organizations of the regional and district construction engineering tenders.
The Administrative Authority established in the SARS, the SARS and the Xindu industry plant area is responsible for overseeing the management of tenders for construction works in the area under its jurisdiction.
Chapter II
Article 5 Construction of construction construction area is estimated at more than 1,000 square meters (with 1,000 square meters) or in the construction of a single contract price of over 500,000 dollars (with a value of $500,000).
In accordance with the preceding paragraph, construction of tenders must be carried out, and in one of the following cases, construction tenders may not be carried out:
(i) Special situations such as national security, State secret, risk relief or access to pro-poor financing, and the need for the use of farmer workers;
(ii) The construction or rehabilitation of construction work and the failure of the contractor to change;
(iii) The construction of self-engineered works by the construction company and the quality of the construction enterprise is in line with the engineering requirements;
(iv) Additional minor works or subject-to-gaining works in construction works, and the contractor has not changed;
(v) Other cases provided for by law, regulations and regulations.
Article 6. The construction works tenders are divided into open tenders and invitations.
The construction of tenders must be carried out in accordance with the law, with the full use of State-owned funds investment or State-owned fund investment in construction of a controlled unit or dominant position, the use of international organizations or foreign government loans, the construction of aid funds, and the construction of municipal infrastructure works, open tenders should be made; national development reform management or the municipal people's government approval by law of projects and other construction works that could be invited.
The construction of open tenders by law shall be carried out in the light of tendering activities within the tangible building market.
Article 7. A proposal for construction shall have the following conditions:
(i) Approval procedures have been implemented in accordance with the relevant provisions of the State and the city;
(ii) The procedures for the filing of a request;
(iii) Funding for construction or funding have been implemented;
(iv) The design documents and other technical information to meet the requirements for construction tendering;
(v) Other conditions under the law, regulations and regulations.
Article 8. The construction of tenders must be carried out by law and the solicitation may be solicited by the solicitation agent of the works with the corresponding qualifications.
The bidder shall have the capacity to prepare solicitation documents and to organize tenders, including, inter alia:
(i) The qualifications of project legal persons (or the qualifications of corporate persons);
(ii) Professional technical strengths that are adapted to the scale and complexity of tendering works;
(iii) A specialized solicitation body or a full-time solicitation operation;
(iv) Acquainted and competent solicitation tender laws and regulations.
Article 9. Construction of tenders must be carried out in accordance with the law and the solicitation of tenders shall be made available by the solicitation notice or by the issuance of tender invitations, to the construction of tenders to oversee the management body. The bidder does not have the conditions for the processing of the construction of tendering, and the construction of the tendering supervisory authority shall, within 5 days of the receipt of the requested material, put the bidder to discontinue the processing of the construction solicitation.
Article 10 uses open tendering methods, which shall be issued by the solicitation notices in the press, information networks or other media provided by the State or the city, without less than 5 days. A bid applicant who has reported less than three times during a notice period should be renewed.
The solicitation notice shall contain the name and address of the solicitor, the nature, size, location of the solicitation works, the requirement for the qualifications of the bidder and the manner in which the solicitation documents are obtained.
Article 11 uses an invitation to tenders, which shall send tender invitations to more than three construction companies that meet the qualifications and have the capacity to undertake tendering.
The invitation to tender shall contain the provisions of article 10, paragraph 2.
Article 12. The solicitation licensor may prequalify the bidder, as required by the solicitation works. The solicitation works for prequalification shall be carried out by the solicitation licensor in the solicitation notice or in the solicitation invitations to provide the conditions for prequalification and the means for obtaining prequalification documents.
The prequalification documents should generally include the form of prequalification applications, the applicant's knowledge, and the proven material such as the qualifications, financial situation, the construction of works, performance, the technical equipment to be invested and the project manager to be dispatched, and the curriculum vitae, performance, etc.
After prequalification, the bidder shall issue prequalification letters to the pre-qualified bidder, inform the time, location and methods for obtaining the solicitation documents and communicate the prequalification outcome to the prequalification bidder.
In cases where pre-qualified tender applicants are too high, they may be determined by the bidder by preference for less than seven pre-qualified bid applicants.
The bidder shall, within 5 days of the determination of the prequalification bidder, submit the prequalification document, the prequalification report, the qualification of the prequalified bid applicant's list for the construction of the tendering authority, and make the prequalification findings available on a network of information designated by the municipal authorities. The time is not less than 3 days.
Article 14. The solicitor shall prepare solicitation documents based on the characteristics and needs of the solicitation works. The solicitation documents should include the following:
(i) The tender shall be informed, including the work profiles, the scope of tenders, the terms of reference, the terms of reference for the review, the financing of the works or the status of implementation, the terms of reference, the length of work requirements, the on-site surveying and the symposia, the preparation, submission, modification, the requirement of withdrawal, tender price requests, the time and place for tenders, the time and venue for the opening of tenders, the evaluation criteria and evaluation methods, the security of tenders and performance guarantees, etc.;
(ii) Technical requirements and design documents for tendering works;
(iii) The use of tendering for the list of works should be made available;
(iv) The format and appendix of tenders;
(v) The main provisions of the contract to be concluded;
(vi) Engineering maintenance requirements;
(vii) Construction requirements for special works and technical norms used;
(viii) Other material requested by the bidder.
Article 15. The criteria for the evaluation and the method of evaluating tenders established in the solicitation documents should be reasonable, without prejudice to or limiting competition among tenderers.
The period of effectiveness of tenders contained in the solicitation documents shall be calculated from the date of the submission of tender documents.
Article 16 is required by law to carry out construction tendering construction work, and the solicitor shall, at the same time as the solicitation documents, report the solicitation documents for the construction of tenders for the approval of the governing body. The construction of the tendering supervisory body found that the solicitation documents were contrary to the legal, regulatory and regulatory content and that the bidder should be charged with changing the process.
Article 17 The solicitor shall make the necessary clarification or modification of the solicitation documents that have been issued and shall notify all solicitation documents recipients in writing at least 15 days of the deadline for submission of tender documents, while also reporting to the construction of tenders to the governing body. The clarification or modification is part of the solicitation documents.
Article 18 The bidder shall organize the examination of the site on the basis of the need for the solicitation works, and shall be made by the deadline for the submission of tender documents at the request of the solicitation documents by 10 years.
Article 19 must be established by law for the construction of tenders, from the beginning of the solicitation documents to the date of the submission of the solicitation documents, whichever is not less than 20 days.
Chapter III
Article 20 shall prepare tender documents in accordance with the requirements of the solicitation documents. The solicitation documents should respond to the substantive requirements and conditions raised in the solicitation documents.
The solicitation documents allow the bidder to make alternative tenders, and the bidder may submit alternative programmes in accordance with the request for the solicitation documents and make the corresponding bid as an alternative.
Article 21 shall include the following:
(i) tenders;
(ii) The tender price and the quantity of material;
(iii) The situation of project heads and key technical personnel to be dispatched;
(iv) The main mechanical equipment to be inputs;
(v) The construction organization design or construction programme;
(vi) The subcontracting of the non-partisan and non-critical works to be considered after the mark;
(vii) Other material requested in the solicitation documents.
The solicitation documents shall be signed by the legal representative of the tenderor or by the agent of its delegation and add the chapter of the bidder.
The bidder shall send the solicitation documents in seal to the tender location before the deadline for submission of tender documents. After the solicitation documents had been received by the bidder, the bidder should be given a voucher indicating the recipient and the time of the contract, and the bid documents should be properly maintained. Prior to the opening of the tender, no unit or individual shall open the tender documents. In the solicitation documents, the bidder shall refuse to receive the submission of the tender documents at the end of the submission of tender documents.
The bidder submitting the solicitation documents was less than three, and the bidder should reproduce the tender in accordance with the law.
Article 23. The bidder may supplement, modify or withdraw the submitted tender documents before the deadline for the submission of the solicitation documents and inform the solicitation in writing. Supplementary or modified elements are part of the solicitation documents and should be delivered, signed and kept in accordance with article 22, paragraph 1. The content of the solicitation documents is null and void when the deadline for the submission of tender documents is required. Of these, the bidder has adjusted the bid documents and should be accompanied by detailed adjustments and prices to adjust the post-statement price as the final tender price.
Article 24 allows tenderers to submit tender bonds in the solicitation documents. In addition to cash, tender bonds may be banked, vouchers, bank cheques or cash cheques. The tender bonds are generally not more than 2 per cent of the total tender price, up to a maximum of $800,000.
The bidder shall submit the tender bond with the solicitation documents in accordance with the manner and amount required by the solicitation documents.
The bidder shall withdraw the solicitation documents before the deadline for the submission of the solicitation documents and the bidder shall return the tender bonds to the bidder.
Chapter IV
Article 25. The opening of tenders shall be made public at the same time as the deadline for the submission of tender documents established in the solicitation documents; the opening of tenders shall be the place to be determined in advance of the solicitation documents.
Article 26 was opened by the solicitor and invited all bidders to participate. The opening shall be conducted in accordance with the following provisions:
The seals of the solicitation documents may be checked by a bidder or a representative elected by the bidder or by a bidder or by a public certificate commissioned by the solicitor. The bidder's name, tender price and other key elements of the solicitation documents were read out after confirmation of error.
All tender documents before the deadline for the submission of tender documents by the solicitation documents should be removed and read out.
The opening process should be recorded and archived.
At the time of the opening of the tender, one of the following cases should be made in the solicitation documents as invalid tender documents and no evaluation should be entered into:
(i) The bidder does not provide legal and effective project legal persons (or corporate legal persons) with a licence, a qualifications certificate and a certificate of eligibility for project manager;
(ii) The solicitation documents are not sealed as required by the solicitation documents;
(iii) The solicitation documents have not been signed by the legal representative of the tenderor or by the agent of its delegation of authority, or have not been added to the chapter of the bidder or the agent entrusted by the tenderer has no legitimate and effective authorization;
(iv) The ambiguity of key content of tender documents and the inability to identify them;
(v) The bidder does not require tender security in accordance with the solicitation documents;
(vi) The construction enterprise consists of joint tenders, which are not attached to the joint bidding agreement between the parties;
(vii) The solicitation documents provide for other circumstances in which tender documents are invalid.
Article 28 states that:
(i) The legal representative of the tenderer or the author of the agent did not participate in the opening of the meeting;
(ii) The solicitation documents require the project manager to participate in the opening meeting and the project manager did not participate.
Article 29 examines the tenders by the bidder established by law.
The construction of tenders must be carried out in accordance with the law, with the composition of the bidder's representatives and relevant experts in technical, economic and other fields, with the number of more than five members, including the solicitation, technical, economic, etc. experts outside the solicitation body, without less than two thirds of the total membership. The members of the Panel of Experts shall be determined by the solicitor from the ICG. Special complexity, professional requirements, or special requests for tendering by States, are difficult to identify experts in an random manner and may be determined directly by the solicitor. The members of the Panel of Experts shall be held within 24 hours of the opening of the mark.
One of the following cases shall not serve as a member of the Committee on Reviews:
(i) Near relatives of the bidder or the principal head of the bidder;
(ii) The construction of engineering project authorities or personnel in the administrative oversight sector;
(iii) The economic interest of tenderers may affect fair evaluation of tenders;
(iv) Administrative penalties or criminal penalties for offences committed in solicitation, evaluation and other solicitation activities.
The list of members of the evaluation board shall be confidential before the outcome of the mark is determined.
Article 33 shall perform its duties objectively and impartially, in accordance with professional ethics, and evaluate and compare the tender documents in accordance with the evaluation criteria established in the solicitation documents. The evaluation criteria and the methodology for the evaluation are not provided in the solicitation documents.
The evaluation shall be confirmed by the members of the evaluation board and the individual responsibility for the evaluation.
Article 31 does not specify the meaning of the solicitation documents and may require the bidder to make the necessary clarifications or clarifications that the bidder shall make a written form of clarification or clarification that it shall not exceed the scope of the solicitation documents or alter the substantive content of the tender documents.
Article 32 addresses the bids of the bidder by the CRIC in one of the following cases:
(i) The tenderer makes tenders, collusion tenders on behalf of another person, the solicitation of tenders by means of bribes or tenders by other means;
(ii) The bidder may be less than its costs and the bidder cannot reasonably describe or cannot provide the relevant material;
(iii) No clarification or clarification of tender documents as required;
(iv) The submission documents do not respond to all the substantive requirements and conditions presented in the solicitation documents;
(v) Other cases provided for by law, regulations and regulations.
Following the definition of tenders by the bidder in accordance with the preceding paragraph as a result of the apparent lack of competition for tenders owing to the inadequacy of three successful tenders, the Panel may reject all tenders and the bidder shall reproduce tenders in accordance with the law.
Article 33 valuators may use the evaluated minimum tender price law, an integrated assessment law or other evaluation methods permitted by law, legislation and regulations.
Using the evaluation of the lowest tender price award, it should be recommended to be a successful candidate in the bid document that meets the substantive requirements of the solicitation documents.
In applying the IPR, tenders that would best meet the integrated evaluation criteria and requirements set out in the solicitation documents should be evaluated and recommended as successful candidates.
The solicitation documents contain the floor and the tender shall be used to refer to the mark.
The bidder may refer to the awarding rules developed by the municipal construction engineering tendering authority.
Following the completion of the evaluation by the CRIC, a written evaluation report should be submitted to the bidder to clarify the evaluation and comparative observations of the valuator with respect to the tender documents and to recommend no more than three qualified candidates, in accordance with the evaluation methodology set out in the solicitation documents. The bidder determines the bidder in accordance with the written evaluation report submitted by the Panel.
The bidder shall determine the bidder in accordance with the classification of the successful candidate, in accordance with the ranking of the successful candidates, in full use of State-owned fund investments or the solicitation works leading to the fund. When the mark is to be abandoned by the successful bidder or by force majeure, the bidder may determine the other successful candidate as the marker by sequencing.
The bidder may also authorize the evaluation committee to determine the mark directly.
Article 55 shall be signed by all members of the CRIC. The members of the valuator that had objected to the evaluation findings could make written statements of their differences and grounds. The members of the valuator refuse to sign in the evaluation report and do not describe their differences and grounds, as agreed with the evaluation.
Article XVI Tests and tenders shall be completed by 30 end of the period of effectiveness of tenders. The bidder shall notify all bidders of an extension of the period of effectiveness of tenders by 30 days of the conclusion of the tender period. A bidder who refuses to extend the period of effectiveness of tenders has the right to recover the tender bonds.
Article 37 is required by law to carry out construction tendering construction work, and its tendering and evaluation activities should be subject to the full process supervision of the construction of tendering supervisory bodies.
Article 338 The bidder shall submit a written report on tendering to the construction of the tendering supervisory body within 15 days of the date of the identification of the marker, and shall make a presentation on the information network designated by the authorities in the city for the construction of the executive branch, not less than 3 days.
The construction of the tendering supervisory body did not receive a false report during the presentation period, and the bidder could send a notice of the mark to the moderate marker and inform all bidders of the outstanding tenders.
The solicitation and the bidder shall enter into a written contract in accordance with the solicitation documents and the solicitation documents of the marker within 30 days of the date of the communication. The solicitation and the bidder shall not reproduce other agreements that are contrary to the substantive content of the contract. The solicitation documents require the submission of the security of performance by the marker, which shall be submitted.
Within 7 days after the contract was concluded, the middle-marker should submit the contract proposal for approval of the supervisory body for construction works.
In one of the following cases, the bidder shall return to the tender bonds to the bidder (including the moderate marker) within five working days:
(i) The notice of the mark was issued, and the solicitor entered into a written contract with the marker;
(ii) The process of solicitation shall be terminated or suspended by the solicitor for reasons of reason;
(iii) Reorganization of tenders in accordance with this provision.
Article 40. The bidder has one of the following cases, and the solicitor has the right to cancel its tenders or to moderate tender qualifications, the solicitation guarantee shall not be returned, and the tenderer shall be compensated for in excess of the amount of the tender's award; and the bidder shall be liable for the loss of the bidder:
(i) The withdrawal of tender documents during the period of effectiveness of tenders;
(ii) A refusal to enter into a contract with a bidder after the mark;
(iii) No performance guarantees are submitted pursuant to the solicitation documents.
Article 42, after the bidder determines the bidder, refuses to enter into a contract with the marker, causing the loss of the marker and the solicitor shall assume liability.
Chapter V
In violation of this provision, the solicitor shall, without tendering or in public solicitation without open solicitation, be converted by the establishment of administrative authorities to order the period of time and the fine of up to 1 per cent of the amount of the project contract, whichever is less than 0.5 per cent, shall not be granted a construction licence; the bidder does not obtain the construction licence for construction, shall be terminated by the construction of an administrative authority, the amount of more than 1 per cent of the construction contract value for the construction office, and fines for the construction unit of up to 30,000; and the direct responsibility of the owner.
In violation of this provision, the solicitationer does not have the conditions for the construction of tenders, which is being converted by the construction of an administrative authority and a fine of up to 30,000 dollars.
Article 42 Composition of the Review Committee is in violation of the relevant laws, regulations and provisions, and the evaluation is null and void and is reorganized by the construction of an administrative authority holder. The bidder refused to reorganize the Commission and no construction permit was granted. The bidder did not obtain the construction licence self-engineering, and the construction of an administrative authority was responsible for halting the construction, with a fine of up to 2 per cent of the construction contract price and a fine of up to 30,000 dollars for the construction unit.
Article 46, in violation of this provision, a bidder has one of the following cases in which the mark is null and void and is converted by an administrative authority order and a fine of up to 0.5 per cent of the amount of the project in question:
(i) The bidder determines the marker other than the successful candidates recommended by the Commission by law;
(ii) The full use of State-owned funds investment or State-led solicitation works, as well as national financing solicitation works, has not been determined by the rank of successful candidates.
Article 47, in violation of this provision, does not provide a written report to the Authority for the Supervision of tenders for construction tenders or the absence of a written report on the tenders for construction, which is to be converted by the construction of administrative authorities and fines of up to 1 million dollars; and no construction permit is granted in advance. The bidder did not obtain the construction licence self-engineering, and the construction of an administrative authority was responsible for halting the construction, with a fine of up to 2 per cent of the construction contract price and a fine of up to 30,000 dollars for the construction unit.
Article forty-eighth members of the Commission shall be left behind in the evaluation process, affect the normal conduct of the tendering process or, in the course of the evaluation, shall not carry out their duties objectively impartially, in the event of serious circumstances, by creating administrative authorities to remove their qualifications as a member of the board of evaluation, shall not participate in any evaluation of the solicitation projects required by law and may be fined up to 10,000 dollars.
Article 49 provides for the construction of tenders to monitor the staff of the management body that favours private fraud, abuse of authority or negligence, with one of the following acts being taken by the executive authority in accordance with the law; constitutes an offence and criminal liability under the law:
(i) The failure to fulfil its mandate under the law;
(ii) The offence of solicitation tendering shall not be investigated by law;
(iii) Non-performance of other oversight responsibilities for the construction of tenders.
Annex VI
Article 50
Article 50 also provides for the supervision of tendering activities for professional construction works such as transport, water and electricity, as provided for in its provisions.
Article 52 provides for implementation from the date of publication. The application management of tenders for construction works in the city of Sezin, which was revised by the Government of the people on 15 June 1998 (No. zhou [1998]50), was also repealed.