Beijing Construction Engineering Bidding Supervision Management

Original Language Title: 北京市建设工程招标投标监督管理规定

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(March 25, 2003 5th meeting consideration of Beijing municipality on April 2, 2003, Beijing Municipal People's Government, the 122th published) first to strengthen the supervision and management of construction project tendering and bidding activities, in accordance with the People's Republic of China Law on construction, the People's Republic of China bidding law, the Beijing Municipal tendering and other relevant laws and regulations, this provision is enacted.
    Article in the administrative area of the city construction engineering survey, design, construction, supervision and construction of important equipment and materials procurement tendering and supervision of its implementation, these provisions shall apply.
    Construction projects in these rules refers to all types of buildings and ancillary facilities and its matching lines, piping, equipment installation, indoor and outdoor decoration, as well as new municipal infrastructure projects.
    Important equipment and materials in these rules refers to relate to construction safety, quality, environmental protection, energy-saving equipment and materials, specific directories by the municipal construction Committee (hereinafter referred to as the municipal construction Committee) determine and publish.
    Article scope and scale of construction must be tendered according to law standards, in accordance with State standard provisions on the scope and scale of construction project bidding and the scope and scale of Beijing municipal construction projects bidding standards regulations. Fourth municipal planning Committee (hereinafter referred to as City Planning Commission), survey and design of construction projects, is responsible for the oversight of the bidding activity.
    City Construction Committee in charge of the construction project construction, supervision and with important construction-related equipment and materials procurement oversight in the tendering and bidding activities; district/County construction Committee (hereinafter referred to as district and County construction Committee) within their respective administrative areas to supervise the construction project tendering and bidding activities.
    City Planning Commission, the municipal construction Commission or district/County construction Committee may entrust the construction project tendering and bidding management body is responsible for the day-to-day supervision of construction project tendering and bidding activities.
    Administrative supervision departments concerned in accordance with their respective responsibilities, according to law exercise supervision over construction project tendering and bidding activities in this municipality.
    Article fifth bid tendering for construction projects shall satisfy the following conditions: (a) the tenderer is established by law, (ii) in accordance with the relevant provisions of the State examination and approval procedures and approved; (c) in accordance with the relevant regulations of the State shall perform the approval, have been approved; (d) construction project funds or sources have been implemented and (e) meets the needs of tendering documents and technical information.
    Sixth law must bid to fulfil the project examination and approval procedures for construction projects, project examination and approval Department shall approve the construction project tendering, bidding and tender form within 5 business days after the City Planning Commission, informed the municipal construction Committee. According to law must be tendered construction projects do not need to complete the project approval procedures, determined freely by the tenderer the tender.
    The Tenderer shall issue a tender announcement or 5 working days prior to the invitation to tender issued by tender reported to City Planning Commission or district/County construction Committee, municipal construction Commission. Seventh of the tenderer to carry out the tender itself, should have the capacity to prepare the tender documents and organizing bid.
    Law must tender of construction engineering, tender people itself tender of, should in released tender announcement or issued bid invited book 5 a days Qian, to City Planning Board, and city construction or district, and County construction record, and submitted following material: (a) tender organization institutions and full-time tender business personnel of proved material; (ii) professional technicians list, and titles certificate or practice industry qualification certificate and work experience of proved material. Article eighth of the tenderer to authorize a procuratorial Agency to carry out the tender, the Parties shall enter into a written contract. A procuratorial Agency shall, within the scope of their qualifications undertaking business.
    Without the written consent of bidding and tendering agency may not transfer agency business.
    The qualification of tendering agencies, in accordance with the relevant provisions of the State.
    Nineth tenderer pre-qualification of bidders should be based on the nature, characteristics and requirements of the construction project, preparation of pre-qualification conditions and methods, and in the tender notice or qualifications set out in the notice. The tenderer intends to limit the number of bidders, should be in the tender notice or qualification set out in the notice after examining the number of bidders, and in accordance with the tender notice or qualifications set out in the notice of prequalification criteria and methods of selecting bidders.
    Tender notices or prequalification notice does not set forth the number of bidders after the pre, the tenderer may not restrict the bidders meet the prequalification criteria.
    Tenth law must invite bids for construction projects, the tender notice shall specify the State or the municipality's media release.
    11th construction engineering design and tender the tenderer in the tender notice or in the invitation to tender clearly whether to design do not win financial compensation and the amount of compensation. 12th a tenderer shall be according to the project's characteristics and the need for the preparation of tender documents.
    Tendering of design construction, need to choose another design unit construction design, the Tenderer shall be specified in the tender documents. Construction, supervision must be carried out according to law and with regard to the construction of important equipment and materials procurement projects, the tenderer in the tender documents issued at the same time, to the municipal construction Commission or district/County construction Committee for the record.
    The tenderer the tender documents already issued to carry out the necessary clarification or modification, 15th deadline prior to the tender documents shall be submitted in writing to all recipients of the tender documents, and to the municipal construction Commission or district/County construction Committee for the record.
    Tender documents and clarifying or modifying files, shall not violate the provisions of the laws, regulations and rules.
    13th construction projects that bidders should have the ability to undertake construction projects; State regulations on the qualifications of bidders or the tender documents provided to bidders qualification, the bidder shall meet the prescribed qualifications.
    Offshore, construction and engineering design, design units to participate in this tender, in accordance with the relevant provisions of the State.
    Article 14th engineering reconnaissance design tender document, shall, by tendering for construction projects, qualified registered architect, registered engineer seal and affix its official seal.
    15th bids shall be established by the tender documents open at the same time of the deadline for submission of the tender; bids should be predetermined locations in the tender documents.
    Tenderer shall be subject to the municipal planning Commission, the municipal construction Commission or district, County construction Committee and other related departments for administrative supervision on tender process supervision. 16th bid jobs established according to law by the tenderer's bid Committee. Evaluation experts from the City Planning Commission, established by the municipal construction Committee roster of experts or expert in construction project tendering agency library randomly.
    Special project evaluation experts selected in accordance with State and city regulations.
    The City Planning Commission, the municipal construction Committee roster of evaluation experts determine roster of evaluation experts should be progressively integrated into the city's reunification.
    17th members of the bid Assessment Committee shall not privately contacts bidders shall not accept property or other benefits from bidders.
    Members of the bid Assessment Committee shall not be disclosed in the tender documents and evaluation, successful candidate recommendation and other circumstances relevant to the bid. 18th the bid Committee upon completion of the bid should be writing to the tender evaluation report, clarify the Evaluation Committee on the review of the bidding documents and in accordance with the method set out in the tender documents evaluation, recommend 1 to 3 the successful candidate, indicating the sort order.
    Tender according to the bid Committee and a written evaluation report and recommended the successful candidate to determine the winning bidder. On the use of State-owned capital or State financed construction projects, the Tenderer shall be sorted according to the successful candidate's determine the winning bidder.
    When determining the winning bidder to give up the bid, proposed to perform a contract due to force majeure, or the tender documents shall submit the performance bond within the prescribed time limit could not be submitted, tenderer in order to determine the successful candidate to the winning bidder.
    The tenderer may also authorize the bid Assessment Committee to directly determine the winning bidder. 19th construction project must be tendered according to law, the Tenderer shall be issued from the date of notification in the 15th, to the City Planning Commission, the municipal construction Commission or district/County construction Committee submit a written report on the bidding. Written report should including following content: (a) tender bid of basic situation, including tender range, and tender way, and qualification review situation, and opening and assessment standard process and determine bid people of way and the reason,; (ii) related of file material, including tender announcement or bid invited book, and bid registration table, and qualification pre file and qualification pre results, and tender file, and assessment standard Committee members list and assessment standard report, and bid results and the bid people of bid file.
    Commissioned by the bidding agencies of engineering tenders, construction bidding agency contract shall be submitted.
    The preceding paragraph (b), in accordance with the provisions of the filing documents, submitted would not be repeated. 20th of municipal construction Commission, Planning Commission, city or district and County construction Committee of the tenderer in the tender and bid activities shall be monitored, and the authority to order the tenderer to correct violations in the tendering and bidding activities.
    The Tenderer shall not be issued to the winning bidder the winning bidder before the correction notices.
    21st construction tenders the tenderer and the winning bidder shall be concluded in writing within 7 working days after the contract, to the municipal construction Commission or district/County construction Committee for the record.
    The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract. 22nd of the bid invitation documents require the winning bidder to the performance guarantee, the winning bidder should be submitted.
    Project submitted by the Tenderer shall at the same time to the winning bidder guarantee for the payment.
    23rd of the tenderer and the winning bidder does not bid design should be consent of the bidder that has submitted to the programme and the payment of royalties.
    24th in violation of this provision shall be punished by the municipal planning Commission, the municipal construction Commission or district/County construction Committee in accordance with the People's Republic of China bidding law, the Beijing bidding regulations and other laws, regulations and rules shall be dealt with and violations, tender and bid activities an offence records, credited to this system. 25th construction professional subcontracting, subcontractor tender way with reference to these provisions.

    26th article of the regulations come into force on June 1, 2003.
                                                                                                                            October 24, 1987 issued by the municipal government, the Beijing municipal construction engineering construction tender bids the interim measures for the Administration on October 6, 1994, issued by the municipal government, the Beijing municipal construction engineering equipment bidding regulations, April 7, 1995, issued by the Municipal Government of survey, the Beijing city bidding regulations repealed simultaneously.

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