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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(June 2, 2003, Tianjin Municipal People's Government consideration at the 3rd general meeting on July 2, 2003, Tianjin Municipal People's Government released 3rd) Chapter I General provisions article in order to regulate the city construction project tendering and bidding activities, maintain bid the legitimate rights and interests of the parties, in accordance with the relevant laws and regulations, combined with the municipality, these provisions are formulated.
    Article within the administrative area of the city for construction bidding and tendering activities, implement supervision and administration of construction project tendering and bidding activities, these provisions shall apply.
    Construction projects in these rules refers to various types of building works and municipal infrastructure projects.
    Housing construction in these rules refers to all types of buildings and ancillary facilities and its matching lines, piping, equipment installation, and Interior and exterior decoration.
    Municipal infrastructure projects in these rules refers to urban roads, public transit, bridges, tunnels, subways, light rail, water supply, sewerage, gas, heating, landscaping, environmental sanitation, sewage disposal, garbage disposal, underground facilities and ancillary facilities construction, piping, equipment installation works.
    Article construction tendering and bidding activities in this municipality shall follow the openness, fairness and justice, the principles of merit and honesty.
    Fourth of municipal construction Administrative Department of the city construction project tendering exercise unified supervision and management, and delegate to the regulatory authority of municipal construction project bidding, tendering and bidding of construction engineering supervision and administration, is responsible for the work of the organization.
    Construction of district and county administrative departments in accordance with the Division of duties, is responsible for the area of supervision and management of construction project tendering and bidding activities, and entrusted the district/county specific bidding of construction engineering supervision and administration organizations.
    Tianjin economic and technological development zone, the Tianjin Port bonded zone and the Tianjin new technology industrial park huayuan industry zone construction Administrative Department, responsible for areas in the supervision and management of construction project tendering and bidding activities.
    Fifth chapter bidding for construction project construction area of more than 1000 square meters (1000 sqm) or construction estimating individual contract price above 500,000 yuan (including 500,000 yuan) must be carried out construction bid.
    In accordance with Qian paragraph provides must for construction tender of construction engineering, has following case one of of, can not for construction tender: (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; (ii) stopped or postponed Hou recovery construction of engineering, and contractor not occurred change of; (three) construction enterprise since built use of engineering, and the construction Enterprise qualification grade meet engineering requirements of;
    (D) the subsidiary minor works or subjects of the construction in progress additional storey works, and contractors are not changed, and (v) other circumstances as stipulated by laws, rules and regulations.
    Sixth construction tenders is divided into an open bidding and inviting tenders.
    Law must for construction tender of construction engineering, which all using state-owned funds investment or State-owned funds investment accounted for holding or led status of construction engineering, using international organization or foreign government loan, and assistance funds of construction engineering, and municipal based facilities engineering, should implemented public tender; national development reform management sector or city government law approved can for invited tender of focus construction project and other construction engineering, can implemented invited tender.
    Legal construction of public bidding for construction projects shall be carried out in tangible building market tender and bid activities.
    Seventh article construction engineering construction tender should has following conditions: (a) according to national and this city about provides need perform project approval procedures of, has perform approval procedures; (ii) has handle reported built record procedures; (three) construction engineering funds or sources has implementation; (four) has meet construction tender requirements of design file and the other technology information; (five) legal, and regulations, and regulations provides of other conditions.
    Article eighth bidding construction projects must be conducted in accordance with law, the tenderer can bid on their own, may also entrust a qualified engineering tendering Agent proxy bidding.
    Tender people itself handle construction tender matters of, should has prepared tender file and organization assessment standard of capacity, specific including: (a) has project corporate qualification (or enterprise corporate qualification); (ii) has and tender engineering scale and complex degree phase adapted of engineering technology, and almost budget, and financial and the engineering management, aspects of professional technology power; (three) has specifically of tender institutions or has 3 name above full-time tender business personnel; (four) familiar and master tender bid method and the about regulations, and regulations. Nineth tendering construction projects must be conducted in accordance with law, the tenderer to complete the tender, issued invitations to bid shall issue a tender announcement or 5th to the bidding of construction engineering supervision and Administration Department for record.
    Tender people tender conditions do not have to complete construction and bidding of construction engineering supervision and Administration Department shall, from the date of receipt of the record within the 5th, ordered to stop deal with the construction of the tenderer the tender. Article tenth open tender, the Tenderer shall be stipulated by the State or the city newspapers publish tender notices, information networks or other media, release time shall not be less than 5th.
    Registration of applicants within a period of less than 3, should be extended for a period of notice.
    The tender notice shall set forth the name and address of the tenderer, bidding the nature, scale and location of the project, on the bidder's qualification requirements and method of obtaining tender documents and other content.
    Article 11th invited tenders, the tenderer should provide more than 3 qualified conditions, have to undertake the engineering skills of construction enterprise to issue invitations to bid.
    Invitations to bid shall specify the provisions of the second paragraph of this article tenth. 12th tenderer can bid engineering needs of applicants for prequalification.
    Implement a pre-qualification tender works, tenderer in the tender notice or set out in the invitation to tender pre-qualification conditions and method of obtaining the prequalification documents.
    The prequalification documents shall generally include a prequalification application form, applicants, and the need for applicants to provide qualification, financial situation, construction, performance, intended to put technical equipment and sent by the project manager and principal technical documents such as resumes, performance.
    After pre-qualification, the 13th, the Tenderer shall be issued to the prequalified applicants notice of prequalification, tell the time, place and method for obtaining tender documents, and in parallel to unqualified applicants informed the pre-qualification for the pre-qualification results.
    The prequalified applicants are excessive, not less than 7 can be used by selecting OK the prequalified applicants. Tenderer to determine within 5th of the prequalified applicants, prequalification documents, qualification should be reporting, list of the prequalified applicants bidding of construction engineering supervision and Administration Department for record, build, and pre-qualification results in city designated by the Administrative Department of public information networks.
    Public notice not less than 3rd. 14th a tenderer shall be according to the characteristics and needs of the bidding project, preparation of the tender documents.
    Tender file should including following content: (a) bid notes, including engineering profile, tender range, qualification review conditions, engineering sources or implementation situation, standard paragraph divided, duration requirements, quality standard, site reconnaissance and answering arrangements, bid file prepared, and submitted, and modified, and withdrawn of requirements, bid quotes requirements, bid validity, opening of time and locations, assessment standard standard and assessment standard method, bid guarantees and performance guarantees requirements,; (ii) tender engineering of technology requirements and design file;
    (C) the tendering of Bill of quantities, quantities should be provided and (iv) tender form and Appendix; (e) to be entered into the main terms of the contract; (f) engineering warranty requirements; (VII) construction requirements for special projects and technical specifications; (h) requires bidders to submit additional material.
    15th tender documents to determine evaluation criteria and evaluation methods should be reasonable content shall not contain or preclude potential bidders, shall not preclude or restrict the competition among bidders.
    Tender documents containing the bid validity period, from the tender document date on which the deadline for the submission of bid documents. 16th construction bid construction projects must be conducted in accordance with law, the tenderer in the tender documents issued at the same time, the bidding documents bidding of construction engineering supervision and Administration Department for record.
    Construction project tendering and supervision authorities found the tender documents in violation of the law, regulations and rules, shall order the correction of the tenderer. 17th tenderer the tender documents already issued the necessary clarifications or modifications shall be in the tender documents at least 15th the deadline for the submission of bid documents, and notified in writing to all bid documents received people, and at the bidding of construction engineering supervision and Administration Department for record.
    The clarification or modification of the content, as part of the tender documents.
    18th tenderer under the tender bidders to the engineering needs organization, it should be in the tender documents before 10th the deadline for the submission of bid documents.
    19th construction bid construction projects must be conducted in accordance with law, since the tender documents from the date of issue until the date of tender document deadline for the submission of bid documents, minimum of not less than 20th. 20th chapter tender bids shall be in accordance with the requirements of the tender documents preparation tender documents.
    The bid documents shall respond to substantive requirements and conditions for tender documents.
    Tender documents allows the bidders to propose an alternate standard, the bidder can submit alternatives in accordance with the requirements of the tender documents, and offer as an alternative. 21st the bid documents shall include the following elements: (a) the tender, (ii) amount of the tender offer and the main materials and (iii) to be sent by the project leader and key technical personnel and (iv) to be put into the main machinery and equipment;

    (E) construction organization or construction plan; (vi) be non-after winning the bid item, non-critical status of subcontract works; (VII) other materials required by the tender documents.
    Tender documents shall be kept by the bidder's legal representative or its authorized agent signed and stamped with the seal of the bidder. 22nd bidders in the tender documents required to be submitted prior to the deadline of the tender documents, tender document sealed delivery place. The tenderer upon receipt of the tender documents, bidders should be issued indicating the recipient and signed proof of time, and keep the bid documents. In front of the opening, no unit or individual may open the bidding documents.
    In the tender document served after the deadline for the submission of bid documents bid documents, is not a valid tender documents, tender shall be rejected.
    Submission of bid documents of less than 3, the Tenderer shall, invite tenders again. 23rd a bidder in the tender documents before the deadline for the submission of bid documents, you can add, modify, or withdraw the bid documents submitted and inform the tenderer in writing. Add or modify content as part of the tender documents, and shall, in accordance with the provisions of paragraph one of this article 22nd delivery, receipt and storage. In the bid documents after the deadline for the submission of bid documents served additional or modified content is invalid.
    Among them, the bidders to adjust the offers in the tender documents, shall be attached to the detailed content and price, adjusted the offer as a final bid. 24th a tenderer in the tender document required bidders to submit a bid bond. Bid security other than cash, can be issued by a bank guarantee, certified check, bank draft or cashier's check.
    Bid generally does not exceed the bid price of 2%, shall not exceed a maximum of 800,000 yuan.
    Bidder and the amount should be in accordance with the requirements of the tender documents, bid submitted with the tender document tender.
    Bidders in the tender documents for the submission of bid documents prior to the deadline of withdrawal of tender documents, tender bid deposit should be returned to the bidder.
    The fourth chapter bid opening, evaluation and winning 25th opening should be the deadline for submission of bid documents identified in the tender documents at the same time open to; opening locations should be predetermined locations in the tender documents. Article 26th opening hosted by the tenderer, and all bidders shall be invited to attend. The bids shall be in accordance with the following provisions: by the bidder or bidders elected representatives check the sealing of bid documents, also can be used by the delegates of the notarial examination and notarized.
    After it has been confirmed, opened in public by the tenderer, read out the names of bidders, bid price, and other elements of the bidding documents.
    Tenderer in the tender documents for the submission of bid documents received before the deadline for all bids, bids shall be opened, and read out in public.
    Bid opening process should be documented and archived for future reference. 27th article in opening Shi, bid file has following case one of of, should as invalid bid file, shall not into assessment standard: (a) bid people not provides legal, and effective of project corporate (or corporate) license, and qualification grade certificate and project manager qualification certificate of; (ii) bid file not according to tender file of requirements be sealed of; (three) bid file without bid people of statutory representative people or its authorized of agent signed, or not stamped bid people seal,
    Or bid people delegate of Agent no legal, and effective of authorized Attorney of; (four) bid file of key content handwriting fuzzy, and cannot identified of; (five) bid people not according to tender file of requirements provides bid guarantees of; (six) construction Enterprise composition Consortium bid of, bid file not attached Consortium parties common bid agreement of; (seven) tender file provides bid file invalid of other case.
    Article 28th of the following circumstances, and as a bidder to give up bid: (a) the bidder's legal representative or authorized representative does not attend the bid opening meeting, (ii) the tender documents requires the project manager to attend the bid opening meeting and did not participate in the project manager.
    29th the bid assessment established according to law by the tenderer's bid Committee. Construction bid construction projects must be conducted in accordance with law, the bid Committee by the tenderer representatives and relevant technical, economic experts, membership for 5 or more singular, including tendering, the tendering agency other than the technical, economic and other experts shall not be less than the total number of members of two-thirds. Members of the Evaluation Committee of experts, shall by a tender, bid, from expert library randomly. Technology is particularly complex, professional and extreme demands or have special requirements by the State tender works, randomly determined expert could not do, can be directly determined by the tenderer.
    Determine the members of the Evaluation Committee of experts shall, within 24 hours before the opening.
    Has following case one of of, shall not served as assessment standard Committee members: (a) bid people or bid people main head of near relatives; (ii) construction project competent sector or administrative supervision sector of personnel; (three) and bid people has economic interests relationship, may effect on bid just review of; (four) for in tender, and assessment standard and other tender bid activities in the engaged in violations and trained administrative punishment or criminal punishment of.
    List of members of the bid Assessment Committee shall be kept confidential before the bidding result determined. 30th members of the bid Assessment Committee shall objectively and impartially perform their duties, comply with professional ethics and the bid evaluation criteria established in the tender documents and the methods of evaluation, the tender documents are reviewed and compared.
    Not provided for in the tender documents evaluation criteria and evaluation methods may not be as a basis for evaluation.
    Review comments from members of the Evaluation Committee shall after signature, and to review comments made by individual responsibility.
    31st Bid Committee what is ambiguous in the tender documents, bidders are required to make the necessary clarifications or explanations, the bidder shall be in writing for clarification or information, clarification or information shall not exceed the bid documents of its range or change the substantive content of the bidding documents.
    32nd article has following case one of of, assessment standard Committee on the bid people of bid void standard processing: (a) bid people to others of name bid, and collusion bid, and to bribe means seek bid or to other fraud way bid of; (ii) bid people of quotes may below its cost, and the bid people cannot reasonable description or cannot provides related proved material of; (three) refused to according to requirements on bid file for clarified or description of;
    (D) the bidding documents bidding documents of all the substantive requirements and conditions did not respond, and (v) other circumstances as stipulated by laws, rules and regulations.
    Evaluation Committee according to the provisions of the preceding paragraph after the bidder's bid is defined as waste, due to lack of effective bidding 3 makes the apparent lack of competitive bid, bid Assessment Committee may reject all tenders, the Tenderer shall, invite tenders again.
    33rd bid can be applied to the evaluated lowest bid price and comprehensive assessment or permitted by the laws and regulations of other evaluation methods.
    Using the lowest bidding price method review bid, bid on tender documents to meet the substantive requirements of the tender documents, bidders with the lowest bid price reviews, recommended as the successful candidate.
    Comprehensive evaluation of bid, should be reviewed to satisfy the tender documents set out in the evaluation criteria and requirements of the bid, recommended as the successful candidate.
    Has a base price in the tender documents, bid evaluation should be taken into consideration when bidding.
    Bid can refer to the city construction project tendering set by the regulatory agency bid the bid rules. Article 34th Evaluation Committee upon completion of the bid should be writing to the tender evaluation report, clarify the Evaluation Committee for the evaluation and comparison of bids, and in accordance with the method set out in the tender documents evaluation, recommend no more than 3 sort of the qualified candidate winning bidders.
    Tender according to the bid Committee and a written evaluation report and recommended the successful candidate to determine the winning bidder. All State-owned funds investment funds or State-owned investment holding or leading position the tendering and bidding project of the national finance, the Tenderer shall be sorted according to the successful candidate's determine the winning bidder.
    When determining the successful bidder the successful candidate to abandon bid or proposed to perform a contract due to force majeure, the tenderer can be sorted according to determine the other successful candidate for the winning bidder.
    The tenderer may also authorize the bid Assessment Committee to directly determine the winning bidder. 35th bid assessment report should be signed by all members of the bid Committee. Evaluation conclusions dissenting members of the bid Assessment Committee may, in writing, their views and reasons.
    Bid Committee members refused the bid to sign on and does not explain the different views and reasons, as agreed with the evaluation conclusions. 36th bid and the calibration should be completed before the tender period ended 30th. Cannot be completed before the tender period ended 30th evaluation and calibration, the Tenderer shall notify all bidders to extend the bid validity period.
    Refusal to extend the bid validity period of the bidder is entitled to withdraw a bid bond.
    37th tendering construction projects must be conducted in accordance with law, the tender and bid activities shall be subject to supervision and administration of construction project tendering Agency's oversight of the whole process.
    Article 38th Tenderer shall from the date of the winning bidder is determined in the 15th, to the supervision and administration of construction project tendering agency submit a written report on the bidding and bidding result in municipal construction Administrative Department specified public information networks, public notice no less than 3rd. Construction project tendering and supervision authorities have not received real name reported in publicity, the tenderer may be sent to the winning bidder the winning bidder notice and inform all unsuccessful bidders bidding result.

    39th tenderer and the winning bidder shall 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. The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract.
    Bid invitation documents require the winning bidder to submit performance guarantee, the winning bidder should be submitted.
    7th after the conclusion of the contract, the successful bidder shall contract bidding of construction engineering supervision and Administration Department for record.
    40th under any of the following circumstances, the Tenderer shall, within 5 working days the bidder (including the winning bidder) refund security deposit: (a) the bid notice, the tenderer and the winning bidder to conclude a written contract, (ii) the tendering process was announced by bidding for just cause termination or suspension; (c) the need to reorganize the tenders in accordance with the.
    41st article bid people has following case one of of, tender people right to canceled its bid or bid qualification, bid margin not returned, to tender people caused of loss over bid margin amounts of, should on over part be compensation; no submitted bid margin of, bid people should on tender people of loss bear compensation responsibility: (a) in bid validity within withdrawn bid file of; (ii) bid Hou refused to and tender people signed contract of; (three) not by tender file requirements submitted performance guarantees of.
    42nd tenderer after the winning bidder is determined, refuse to conclude contracts with the winning bidder, that does damage to the winning bidder, the Tenderer shall assume the liability. Fifth penalty 43rd tenderer in violation of the provisions of chapter shall bid without bidding or tender without open tenders, construction administrative departments by rectification,
    And at project contract amount 0.5% above 1% following of fine; late not corrected of, not issued construction license; tender people not made construction license unauthorized construction of, by construction administrative competent sector ordered stop construction, at engineering contract price 1% above 2% following of fine, on construction units at 30,000 yuan following of fine; on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition.
    44th article in violation of the provisions of the tenderer, bidding on their own do not have their own tendering conditions by building rectification by the Administrative Department, and to a fine of up to 10,000 yuan and 30,000 yuan. 45th Bid Committee of violations of the relevant laws, regulations and the provisions of the bid null and void, shall be ordered by the competent construction department Commission on reorganizing the bid of the tenderer. The tenderer's refusal to reorganize the bid evaluation Committee, not issuing construction permits.
    The Tenderer has not obtained the construction permit of unauthorized construction, the construction Administrative Department shall order to stop construction, fine at 1% more than 2% below the contract price, the construction units to a fine of up to 30,000 yuan.
    46th article tender people violation this provides, has following case one of of, bid invalid, by construction administrative competent sector ordered corrected, and at bid project amount 0.5% above 1% following of fine: (a) tender people in assessment standard Committee law recommended of bid candidates yiwai determine bid people of; (ii) all using state-owned funds investment or State-owned funds investment accounted for holding or led status of tender engineering, and national financing of tender engineering, not according to bid candidates of sort determine bid people of. 47th tenderer in violation of these provisions, not to the supervision and administration of construction project tendering Agency record bidding or not submitted a written report on the situation by building rectification by the Administrative Department, and a fine of up to 10,000 yuan; it fails, not issuing construction permits.
    The Tenderer has not obtained the construction permit of unauthorized construction, the construction Administrative Department shall order to stop construction, fine at 1% more than 2% below the contract price, the construction units to a fine of up to 30,000 yuan.
    48th member of the bid Committee went AWOL during the bid process, impact evaluation procedures normally, or in the evaluation process cannot perform their duties objectively and, in serious cases, by construction Administrative Department to cancel its eligibility to as members of the bid Assessment Committee shall not participate in any evaluation of the project subject to tender according to law, and to a fine of up to 10,000 yuan.
    49th article construction engineering tender bid supervision management institutions staff engages in, and abuse or negligence, has following behavior one of of, by construction administrative competent sector law give administrative sanctions; constitute crime of, law held criminal: (a) not law perform record duties of; (ii) on tender bid violations not law investigation of; (three) not perform construction engineering tender bid other supervision management duties of.
    The sixth chapter supplementary articles article 50th construction professional subcontracting, subcontractor tender way with reference to these provisions.
    51st laws or regulations on the transportation and water conservancy construction supervision and management of project construction tendering and bidding activities otherwise provided, from its provisions. 52nd these provisions come into force on the date of promulgation.
                                                                        June 15, 1998 issued by the Municipal Government to modify the tendering and bidding management of construction projects in Tianjin (Tianjin Government issued [1998]50) repealed simultaneously.

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