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Jiangsu Province, Jiangsu Provincial People's Government On The Revision Of The Decisions Of The Management Of Bidding Of Construction Engineering

Original Language Title: 江苏省人民政府关于修改《江苏省建设工程招标投标管理办法》的决定

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(Summit No. 6 of the People's Government Order No. 6 of 22 April 2003)

In order to adapt to the need for the reform of the administrative approval system, it was decided to amend the tender management approach to the construction of works in the Province of Jangong Province as follows:
Paragraph (iii) of Article 6 was revised as follows:
Delete the first sentence of article 13, paragraph 1, “Accreditation granted to the solicitation organization after the review of qualifications by the solicitation authority”.
Article 14, subparagraph (b), was deleted.
Delete article 15, subparagraph (iii), and amend subparagraph (ii) as “to invite more than two”.
V. Removal of article 16 as follows: The solicitor shall, prior to the commencement of the formal solicitation, establish a solicitation organization in accordance with the provisions of article 13 of this approach or entrust the solicitation agent in writing.
Article 17, paragraph 1, was amended to read as follows: a solicitation notice or an invitation to tender, and a review of the tenderer's qualifications (qualification) of tenders. The bidder shall submit or present the relevant information at the request of the solicitor. The solicitationers distributed solicitation documents and relevant information to review qualified bidders. The bidder must pay the tender bond at the request of the solicitation documents when obtaining the solicitation documents.
Article 19, paragraph 1, and paragraph 2, were amended to read as follows: after the evaluation was determined, the bidder sent a notice of the mark to the bidder and returned the bid bonds of the outstanding bidder.
The bidder entered into a contract with the bidder in accordance with the solicitation documents, tenders and related provisions, while submitting a performance bond or a performance bond in accordance with the agreement of the solicitation documents, the bidder returned the bid bonds of the marker.
Article 20, paragraph 1, was deleted.
Article 21 was amended to read as follows: after the issuance of the solicitation documents, the bidder could not change its content on its own. Changes must be communicated in writing to all bidders by 15 days of the deadline for tenders and at the same time to bid management authorities.
Article 22 was amended to read as follows: construction tenders could be prepared. The tenderer's prediction of the construction price or scope of control. The development of the floor should follow up on the principle of good quality and seek to match market changes. The mark may be subject to the approval of units in a position to do so.
Article 23 was deleted.
Article 24, paragraph 1 (ii), was deleted and deletion of subparagraph (iii) in subparagraph (iii) was deleted.
The order of the provisions is adjusted accordingly.
This decision is implemented since the date of publication.
The Maang Susang Purchase Topractice Management Approach to Construction works was released in accordance with this decision.

Annex: Modalities for tender management for construction works in the province of Susang (Amendment, 2003)
(Act No. 65 of 15 August 1995 by the People's Government Order No. 65 of the Province of Southern Susang Province, pursuant to the first revision of the Order No. 132 of 15 December 1997 of the People's Government of the Southern Susang Province on the basis of the second revision of the Decision of 22 April 2003 on the revision of the bidding process for construction works in the Province of Susang Province)
Chapter I General
Article 1, in order to adapt to the economic development needs of the socialist market, enhances the regulation and management of tenders for construction, brings the task of the construction to the market, achieve fair transactions among the parties to tenders, effectively control the construction period, ensure the quality of the works, determine the cost of work, enhance investment effectiveness and develop this approach.
Article 2, paragraph 2, refers to tenders for construction works referred to by the solicitor, in a solicitation manner, to investigate the design, construction (containing the construction of the project, the task of the consultant, the engineering contract, the supply of material equipment, or a step-by-step package whereby the bidder is able to carry out a competitive assignment.
Article 3. New construction, alteration, expansion and technology rehabilitation projects in the administration of the province must be tendered in accordance with this approach, in addition to the circumstances set out in paragraph 2 of this article.
In one of the following cases, tenders may not be made:
(i) Disaster relief;
(ii) Total investment is less than $500,000;
(iii) Legal, legislative and regulatory provisions.
Article IV. The construction of tenders for tenders shall be open, uphold the principle of fair and genuine credit, equal competition without regional, sectoral and all-time limitations. Any sector and unit shall not be forced to carry out the work on the grounds of industry, professionalism, etc.
Article 5 No unit or individual shall interfere unlawfully with the normal conduct of tendering activities.
Chapter II
Article 6
(i) Implement laws, regulations, regulations and guidelines, policies and specific implementation measures relating to tenders for construction works;
(ii) To guide, monitor, inspect and coordinate tendering activities for construction works in the current administration area and to share experiences;
(iii) The qualifications of the solicitation agent in accordance with the terms of reference (qualification);
(iv) The solicitation proceedings with the competent authorities, such as industry, transport and their immediate units;
(v) Disputes for tendering for mediation construction works;
(vi) To reject the result of a violation of the provisions of tenders.
Article 7. Purchase tenders for construction works, in accordance with the principle that the terms of tender management are consistent with the construction of engineering approval or reserve authority, are governed by the sub-office management of administrative authorities in the provinces, municipalities, counties (markets).
Article 8
Article 9 authorities such as provincial, municipal, district (market) industries, transport and etc. will build administrative authorities at the same level to manage tenders for investment projects in the present administration, such as direct investment in the sector and related investment companies, whose primary responsibility is:
(i) To follow up on the laws, regulations, regulations and guidelines, policies on tendering for construction works;
(ii) To guide, organize direct investment in this sector and solicitation work projects in investment in the current administration area;
(iii) Supervision, inspection of the relevant units in this sector in solicitation activities;
(iv) The business request the same-level executive authority to conduct tenders for the project.
Chapter III Rights and obligations of parties
Article 10 shall be entitled to choose the programmes, prices and subsidiaries as set forth in their own organization of tendering activities or to entrust tendering.
Article 11. The bidder has the following rights in the construction of tenders:
(i) The right to own tenders or form joint tenders as required by the solicitation documents;
(ii) The right to determine their tenders based on their own business and market information;
(iii) The right to participate in tender competition or to renounce participation in competition based on their own business;
(iv) The right to require good quality.
Article 12. The solicitation and tenderer have the following obligations in the construction of tenders:
(i) Compliance with laws, regulations, regulations and policies;
(ii) To accept the management and oversight of the solicitation authority;
(iii) To fulfil the obligations agreed upon by law.
Chapter IV Conditions and modalities for tendering
Article 13. The solicitation shall be subject to the following conditions and establish a specialized solicitation organization:
(i) Technical, economic, management that is adapted to the solicitation work;
(ii) The ability to organize the preparation of solicitation documents;
(iii) The ability to review the qualifications of tenderers;
(iv) The ability to organize tenders, tenders and targets.
Without the conditions set forth in the preceding paragraph, the solicitation agent must entrust the solicitation organization with the corresponding qualifications (qualification) of the solicitation agent.
The overall contractor unit of the mark may organize tenders or entrust tenders in accordance with the provisions of this article as a solicitor for work within the overall contractor.
Article 14.
(i) The project has been formally included in the annual fixed-term asset investment plan at the national, sectoral or local level or has been reported to the relevant Government departments;
(ii) The proposed budget has been approved and the funds required within the solicitation have been implemented;
(iii) The right to use the ground has been legally acquired;
(iv) The documentation and technical information required to meet the solicitation requirements have been finalized and approved;
(v) The other conditions required for tendering have been met.
Article 15. The construction of tenders may be used as follows:
(i) Public solicitation. The solicitation announcements were issued by tenderers through newspapers, radio, television;
(ii) To invite tenders. An invitation to tenders was issued by the solicitor to invite more than three units (including this figure) that were able to undertake the corresponding engineering tasks.
Chapter V Procedure for solicitation and tendering
The solicitationer shall establish a solicitation organization in accordance with article 13 of this approach or, in writing, entrust the solicitation agent.
Article 17 The solicitor issued a notice of tendering or an invitation to tender to review the bidder's qualifications (qualification) qualifications. The bidder shall submit or present the relevant information at the request of the solicitor. The solicitationers distributed solicitation documents and relevant information to review qualified bidders. The bidder must, at the time of receipt of the solicitation documents, pay the solicitation documents for the solicitation.
The bidder shall organize the examination of the bidder at the time specified in the solicitation documents and answer the solicitation documents.
Article 18 The bidder established a bidder to develop a bid and a targeted approach to open the tenders in accordance with the time specified in the solicitation documents and the place of the tendering documents, where the bid was declared, the determination method, the main elements of the tender were published when the tenders were in place and the supplementary correspondence.
After the opening of tenders, the bidder reviewed tenders and organizes tenders in accordance with the pre-defined evaluation method. The evaluation should adopt a scientific approach whereby a comprehensive evaluation of tenders should be conducted in accordance with the principles of equality competition and equity, with the option of selecting bid holders.
Failure to meet the requirements set forth in the solicitation documents or in violation of the relevant provisions should be confirmed as invalid tenders.
The question of whether the tender was not clear, the solicitationer had the right to ask the bidder and the question of clarification and recognition should take a written approach as part of the tender after the signature of the parties.
In clarifying the talks, the bidder shall not modify the substantive content of the tender price, the duration of the work, any amendments made after the opening of the tender or conditionality shall not be used as a basis for the evaluation.
After the evaluation of the bidder, the bidder sent a letter of assignment to the moderate bidder and returned the outstanding bid bonds.
The bidder entered into a contract with the bidder in accordance with the solicitation documents, tenders and related provisions, while submitting a performance bond or a performance bond in accordance with the agreement of the solicitation documents, the bidder returned the bid bonds of the marker.
A copy of the contract shall be sent to the relevant sectors.
The main elements of the solicitation documents are: commercial provisions consisting of the notice of tenders, the terms of the contract and the related annexes, and technical provisions consisting of paper, the list of works and technical norms.
Article 21, after the issuance of the solicitation documents, the bidder shall not change its contents without delay. Changes must be communicated in writing to all bidders by 15 days of the deadline for tenders and at the same time to bid management authorities.
Article 2 The tenderer's prediction of the construction price or scope of control. The development of the floor should follow up on the principle of good quality and seek to match market changes. The mark may be subject to the approval of units in a position to do so.
Chapter VI Corporal punishment
Article 23 consists of one of the following acts: the establishment of administrative authorities or the solicitation authority entrusted by the Government of more than communes, the suspension of the probationary period, the removal of the eligibility of the mark and the tendering of the following three months, which may be subject to serious circumstances, the granting of a certificate of war, suspension or distribution of qualifications (qualification) and the imposition of a fine of more than 5,000 yen; the criminalization of the judiciary:
(i) The work projects to be tendered without tendering;
(ii) The bidder conceals the real situation of scale-building, conditions of construction, funds and material guarantees;
(iii) In violation of the principle of fair competition, the bidder is scheduled to take care of the relationship, which should not be seen in the bidder;
(iv) To entrust organizations that do not have the corresponding qualifications (qualification) with the related work;
(v) Disclosures that affect the normal conduct of tendering.
The bidder collates tenders, raises or pressures low tenders; the bidder and the bidder collate each other in order to marginalize fair competition for hand, and punishes under the provisions of the People's Republic of China Anti-just Competition Law.
The office of tenders for construction works has been entrusted by the current people's Government to build administrative authorities, and administrative penalties under article 23.
After the conclusion of article twenty-fourth, the marker did not justify refusing to enter into the contract, and its tender bonds would not be returned, while removing them; the bidder did not justify the rejection of the contract and should return to the sub-signor twice the amount of the payment of the payment and contract with the marker.
The bidder shall be responsible for compensating the bidder for the economic losses resulting from the bidder's tender after the tenderer's tender has been suspended for the reason of the solicitation or the failure of the tender.
Article 26 builds the executive authorities and soliciting the staff of the tender management body to advocate for private fraud, bribes, sensitivities and negligence, and is subject to administrative disposition by their units or superior authorities. This constitutes an offence and brings criminal responsibility to justice by the judiciary.
Article 27 disputes arise between the solicitation and tenderer in the course of solicitation activities or in the implementation of the contract for the signing of the contract shall be resolved in consultation or mediation by the solicitation authority. The parties agree that an arbitration agreement shall be applied by law to arbitration bodies; the parties do not have an arbitration agreement or the arbitration agreement null and void may su directly to the People's Court.
Article 28 does not determine administrative penalties and may apply for review by the superior organ of the organ that takes a decision on sanctions within 15 days of the date of receipt of a letter of punishment. No decision to review may be prosecuted before the People's Court within 15 days of the date of receipt of the review decision; or directly to the People's Court. The failure to apply for reconsideration or the prosecution of the People's Court is not in compliance with the sanctions decision and the enforcement of the People's Court is sought by the organs that have made a punitive decision.
Chapter VII
The meaning of the following wording of this approach is:
(i) The parties: including tenderers, tenders and bidders;
(ii) The solicitor: the legal person acting as the investigator of the project or the other organization established by law, the owner;
(iii) The bidder: a survey design unit, a construction enterprise, an advisory body, a contractor unit, a material equipment supply unit, which is competitive in the engineering task;
(iv) The marker: means the bidder of the final mark;
(v) The solicitation agent: the author of the solicitation, the agent of the solicitation organization of the solicitation activity.
Article 33 tenders for solicitation for foreign investment projects are carried out in the light of international practice and approach.
The question of the application of this approach is explained by the provincial authorities.
Article 32 is implemented since the date of publication. The past provisions are incompatible with this approach.
The relevant parts of the country have specific professional provisions for tendering, from their provisions and are subject to uniform management and oversight of the establishment of administrative authorities in accordance with this approach.