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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(April 10, 2003 Jiangsu Province Government 2nd times Executive Conference considered through April 22, 2003 Jiangsu Province Government makes 6th, announced) for adapted administrative approval system reform of need, decided on Jiangsu Province construction engineering tender bid management approach for following modified: a, and will sixth article subsection (three) items modified for: according to provides permission approval tender agent of qualification (qualification); II, and will 13th article first paragraph in the "by enrollment bid management institutions review qualified Hou to tender organization qualification certificate"
    Sentence removed.
    Third, the 14th article (b) deleted it.
    Section IV, 15th (c) deleted, and paragraph (b) "invited more than two" changed to "invite three or more".
    16th five, be modified to: at the beginning of the tenderer prior to the formal bidding shall be established in accordance with the provisions of the present article 13th bid organization, or a written tender agent. Six, the 17th article is revised as follows: tender people tender notice is published or issued invitations to bid, bidders and bidding qualification (qualification) for review. Bidders should be requested by the tenderer to submit, or presenting the information. Tenderer distributed to qualified bidders bidding documents and relevant information.
    Bidders received tender documents, must be paid according to the bid invitation documents require a bid bond.
    Seven, the 19th article, respectively, in the second paragraph is amended as: determined by the bid after the winning bidder, tender notice issued to the winning bidder the winning bidder, return the winning bidder's bid.
    The tenderer and the winning bidder in accordance with the tender documents, tender and related provisions signed contracts, in accordance with the tender documents agreed to submit a performance bond or a performance guarantee, refund the winning bidder of the tenderer's bid.
    Eight, the 20th article deleted. Article nine, the 21st is revised as follows: tender document is issued, the tenderer may not alter its contents.
    Really necessary changes must be written notice to all bidders before bid closing date 15th, and informed at the same time bidding authority. 22nd ten, be modified to: compilation of construction tender base price. Base price is predict or control of project cost of the tenderer. Compilation should implement the principle of high quality and high price of the bid, and to coincide with the changes in the market.
    Bidding may appoint members of the auditing.
    Plenary, the 23rd article deleted.
    First paragraph of article 12, the 24th (ii) deleted, and paragraph (c), "or inflating unit qualification (qualification) level and the other one's own truth" deleted.
    Provisions in order to make the appropriate adjustments.
    This decision shall come into force as of the date of.

    Construction project tendering and bidding management of Jiangsu Province, according to this decision be revised and republished. Attachment: tendering and bidding management of construction projects in Jiangsu Province (revised 2003) (August 15, 1995, 65th promulgated by the people's Government of Jiangsu province under the people's Government of Jiangsu Province, December 15, 1997 the 132th revised April 22, 2003, for the first time, the Jiangsu provincial people's Government on modification of tendering and bidding management of construction projects in Jiangsu Province, the decision of the second amendment) Chapter I General provisions article in order to meet the needs of the Socialist market economy,
    Strengthen the regulation and management of construction project bidding and engineering tasks into the market through fair competition, realization of the bidding activities of fair trade between the parties, effectively control the project, ensure the project quality, reasonable cost, improve investment efficiency, these measures are formulated.
    Second construction project tendering in these measures refers to a tenderer's tendering practice, survey and design of construction projects, construction (including decoration), consultation and supervision, engineering General Contracting, supply of materials and equipment, such as a task, or step by step the employer from bidders competing to undertake the task.
    Article within the administrative area of the province of construction, reconstruction, expansion and technical renovation projects, apart from the cases provided for in the second paragraph of this article, must be in accordance with this approach to bidding.
    Project of one of the following circumstances, you can bid: (a) are emergency rescue and disaster relief, and (ii) less than 500,000 yuan of the total investment, (iii) laws and regulations. Fourth condition of construction project bidding should be open, upholding the principle of impartial, lawful, honest, fair competition, without the limitation of regions, sectors and ownership.
    No Department or unit is allowed to trade, profession force for such reasons to undertake the project. Fifth tendering for construction projects are economic activities according to law by the parties, are protected by national laws and constraints.
    No unit or individual may unlawfully interfere with the normal tendering and bidding activities.
    Second chapter management institutions and duties sixth article province, and city, and County (City) construction administrative competent sector is this administrative within construction engineering tender bid work of unified centralized management sector, its main duties is: (a) implement about construction engineering tender bid of legal, and regulations, and regulations and approach, and policy, developed specific implementation measures; (ii) Guide, and supervision, and check and coordination this administrative within construction engineering of tender bid activities, summary exchange experience; (three) according to provides permission approval tender agent of qualification (qualification);
    (D) in conjunction with the industrial, transportation and other departments and units directly under the relevant tender; (v) conciliation construction project bidding dispute; (vi) rejected the calibration results of violation of bidding rules.
    Seventh tendering for construction projects, tender and construction project bid management permission approval or for the record of permission principle, by province, city and County (City) construction administrative departments at different levels.
    Eighth provincial, city and County (City) construction project bidding Office (hereinafter referred to as bid management), in accordance with the classification of administrative permissions, specifically responsible for tendering and bidding management of construction projects, on a business level bid management guidance and supervision of the Agency. Nineth article province, and city, and County (City) industrial, and traffic, competent sector with sibling construction administrative competent sector, do this sector directly investment and related investment company, in this administrative within investment of project of tender bid management work, its main duties is: (a) implement about construction engineering tender bid of legal, and regulations, and regulations and approach, and policy; (ii) Guide, and organization this sector directly investment and related investment company, in this administrative within investment of project of tender bid work; (three) supervision, and
    Check the relevant units of the Department engaged in the bidding and tendering activities; (iv) at the administrative authority under the project tendering and bidding of construction.
    Chapter III the parties rights and obligations Article tenth tenderee is authorized to organize bid pursuant to the provisions or to authorize a procuratorial, independently selected the winning programme, price and the winning bidder.
    11th article bid people in construction engineering tender bid activities in the, enjoys following right: (a) right to according to tender file of requirements independent bid or composition Consortium bid; (ii) according to himself of business situation and master of market information, right to determine himself of bid quotes; (three) according to himself of business situation right to participation bid competition or gave up participation competition; (four) right to requirements quality excellent price.
    12th tender and bidding in construction engineering bidding and tendering activities have the following obligations: (a) comply with laws, regulations, rules and policies, (ii) under the management and oversight of the bidding management; (c) fulfil the obligations stipulated in the law.
    Fourth chapter tender of conditions and way 13th article tender people itself organization tender, must meet following conditions, and established specifically of tender organization: (a) has and tender engineering phase adapted of technology, and economic, and management personnel; (ii) has Organization prepared tender file of capacity; (three) has review bid people bid qualification of capacity; (four) has organization opening, and assessment standard, and set standard of capacity.
    Does not have the conditions prescribed in the preceding paragraph, the tenderer must have commissioned corresponding qualification (qualification) tendering agent organization of tenders.
    Winning works within the general contractor as the general contractor of the tenderer, in accordance with the provisions of this section organized tender bidding or delegate.
    14th article construction engineering tender should has following conditions: (a) project has official included national, and sector or place of annual fixed assets investment plans, or has reported Government about sector record; (ii) estimates has approved, tender range within by needed funds has implementation; (three) construction with to right has law made; (four) meet tender need of about file and the technology information has prepared completed, and after approval; (five) tender by needed of other conditions has has. 15th construction can be carried out in the following ways: (a) open tendering. By the tenderer publish tender notices through the press, radio, television, and (ii) the invitation to tender.
    Invitation for bids issued by the tenderer, invited three or more (including the number) has the ability to assume control of engineering units to bid.
    The fifth chapter tender 16th tenderer with the tender process began formally tendered, should be established in accordance with the provisions of the present article 13th bid organization, or a written tender agent. Article 17th tender people tender notice is published or issued invitations to bid, bidders and bidding qualification (qualification) for review. Bidders should be requested by the tenderer to submit, or presenting the information. Tenderer distributed to qualified bidders bidding documents and relevant information.
    Bidders received tender documents must be according to the bid invitation documents require the payment of bid security.
    Tenderer shall the time stated in the tender document organization field of bidders, and answering the tender documents. 18th tenderer established bid organization, evaluation and calibration procedures are formulated, in accordance with the provisions of the tender documents the opening meeting of the time, place, publicly announced bid, calibration methods, unsealing the tenders and the supplementary letter on the spot, announced the main content of the tender.

    After the bid, the tenderer in accordance with predetermined evaluation methods, review proposals, organizing bid.
    Evaluation should adopt scientific methods, in accordance with the principle of equal competition, fair and reasonable, comprehensive evaluation of the tenders, selecting the selected winning bidder.
    Does not meet the requirements of the tender documents or violates the relevant provisions of the tender, should be recognised as invalid bid.
    Issue of tender documents is not clear, to bidders in a tender has the right to raise a question, clarify and confirm the problem, should be taken in writing, signed by both parties, as part of the tender.
    During the clarify talks, bidders must not alter the substantive content of price and time period, any amended declarations or arising from the opening of additional preferences, are not allowed as a basis for evaluation.
    After bidding winning bidder is determined, the 19th, tender notice issued to the winning bidder the winning bidder, return the winning bidder's bid.
    The tenderer and the winning bidder in accordance with the tender documents, tender and related provisions signed contracts, in accordance with the tender documents agreed to submit a performance bond or a performance guarantee, refund the winning bidder of the tenderer's bid.
    A copy of the contract shall be distributed to the relevant departments.
    20th the main contents of solicitation documents include: by the tender notice, the contract provisions and related annexes of the Commerce clause, by drawings, quantities, specifications of the technical provisions. Article 21st tender document is issued, the tenderer may not alter its contents.
    Really necessary changes must be written notice to all bidders before bid closing date 15th, and informed at the same time bidding authority. 22nd construction tenders to prepare a bid. Base price is predict or control of project cost of the tenderer. Compilation should implement the principle of high quality and high price of the bid, and to coincide with the changes in the market.
    Bidding may appoint members of the auditing.
    Sixth chapter penalty is 23rd article has following behavior one of of, by County above government construction administrative competent sector or its delegate of enrollment bid management institutions ordered stop violations, and deadline corrected, and canceled bid qualification and 3 months above 1 years following of bid right, can depending on plot weight, give warning, and temporarily buckle or revoked qualification (qualification) certificate, and sentenced 5000 Yuan above 100000 Yuan following of fine; constitute crime of, by judicial organ law held criminal:
    (A) should tender of project and not tender of; (ii) tender people hide construction scale, and construction conditions, and funds, and material guarantee, real situation of; (three) tender people violation fair competition of principles, scheduled frame, care relationship, led not should bid of bid people bid of; (four) delegate not has corresponding qualification (qualification) of organization bear about engineering of; (five) leaked bid, effect tender bid work normal for of.
    Bidders bid-rigging, raising or lowering the price tag; bidder and the bid inviting party collusion to keep competitors and fair competition, in accordance with the People's Republic of China against unfair competition act are punishable.
    Above the County construction project tendering and construction administrative departments under the people's Governments at the corresponding level in the Office of the delegate, you can implement administrative measures and administrative penalties stipulated in article 23rd.
    Article 24th after calibration, the winning bidder refused to sign a contract without good reason, the bid deposit will not be returned, and can cancel the bid qualification; tender who refused to sign a contract without good reason, to the winning bidder should return double the security deposit, and fill with the winning bidder to sign a contract.
    After 25th bidders, as the tenderer suspended because of failure of the tender or the tender, the Tenderer shall indemnify bidders for the resultant economic losses. Article 26th construction administrative departments and bid management favoritism, bribes, neglect of Agency staff, by their work units or by the competent authorities, impose administrative sanctions.
    Constitute a crime, the attention of the judicial organs shall investigate the criminal liability. 27th bidding and bidders in the tender or in the performance of contract disputes should be resolved through consultation or mediation by the bidding management of bodies.
    Arbitration agreement reached by the parties, it shall apply for arbitration to the arbitration body; invalid arbitration agreement or arbitration agreement has not been reached by the parties, directly to a people's Court. 28th a party refuses to accept the decision on administrative penalty, from the date of receipt of the notice of penalty in the 15th, made the decision on the level with the institution apply for reconsideration. Not satisfied with the reconsideration decision, you can receive the 15th days of the reconsideration decision within the Court; may also directly bring a lawsuit.
    If no application for reconsideration does not bring a lawsuit, nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution.
    Seventh chapter schedule 29th article this approach following terms of meaning is: (a) party: including tender people, and bid people and bid people; (ii) tender people: is refers to as project investment responsibility who of corporate or law established of other organization, that owners; (three) bid people: is refers to participation Engineering Task competition of, and has corresponding qualification (qualification) of survey design units, and construction enterprise, and advisory supervision units, and total contracting units, and material equipment supply units; (four) bid people: is refers to last bid of bid people;
    (E) the tender agent: refers to the accepted tender of the entrusted, proxy bidding organization tendering the tendering agent.
    30th foreign capital project bidding with reference to international practice and implementation of these measures.
    31st problems in the application of these measures by the provincial administrative department is responsible for the interpretation of the building. 32nd article this way come into force on the date of promulgation.
    Relevant provisions inconsistent with this approach in the past, is subject to this approach.
                Relevant State departments have specific professional rules on bidding from its provisions, and in accordance with the modalities accepted construction Administrative Department's centralized management and supervision.

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