Chapter I General provisions article specification for highway engineering construction project tendering and bidding activities, improving management system of highway construction market, according to the People's Republic of China Road law of the People's Republic of China bidding law of the People's Republic of China tendering and implementation of the law and other laws and administrative regulations, these measures are formulated.
Article People's Republic of China engaged in highway construction project of surveying, design, construction, construction supervision of tendering and bidding activities, these measures shall apply.
Article III Ministry of transport's national highway engineering construction supervision and management of project tendering and bidding activities.
Provincial transportation authorities responsible for the administration of highway construction supervision and management of project tendering and bidding activities.
Article transport authorities at various levels shall, in accordance with relevant regulations of the State and promoting highway construction project bidding and tendering activities of public resources into a unified trading platform. Five transport authorities at various levels shall, in accordance with relevant regulations of the State, promoting electronic tendering for highway engineering construction projects.
Tender and bid activities shall be made public and subject to public oversight.
The sixth section of highway construction projects tender or its designated agency shall set forth the qualification, bid opening, bid processes, such as recording and archiving for future reference.
Seventh chapter bidding road construction project tender is made tender, tenders for project legal person or any other organization.
Eighth article in accordance with the relevant provisions of the State needs to fulfil the project approval, approval procedures for highway construction projects subject to tender according to law, the Tenderer shall, in accordance with the approved project approval, departments determine the bidding range, tender, tender form bid.
Highway construction project after project examination and approval procedures, and to carry out investigation and design bidding; approval of the preliminary design, construction management, design and construction general contract bidding; approval of the construction drawing design documents, bidding can be done.
Bids for pre-qualification, approval of the preliminary design documents, you can pre-qualify.
Nineth article has following case one of of highway engineering construction project, can not for 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; (ii) need used not alternative of patent or proprietary technology; (three) procurement people itself has engineering construction or provides service of qualification and capacity, and meet statutory requirements;
(D) have been selected through bidding franchise investment law on their own or provide services; (e) procurement of works or services require to the winning bidder, otherwise it will affect construction or functions matching requirements; (vi) other special cases stipulated by the State.
Provisions for the application of the preceding paragraph shall not be fraud of the tenderer, Dodge tender.
Tenth road construction project by open tender, post-qualification approach in principle to qualify the bidders. 11th article highway engineering construction project used qualification pre way public tender of, should according to following program for: (a) prepared qualification pre file; (ii) released qualification pre announcement, sale qualification pre file, public qualification pre file key content; (three) received qualification pre application file; (four) formed qualification Review Committee on qualification pre applicants for qualification review, qualification Review Committee prepared qualification review report; (five) according to qualification review results,
To through qualification pre of applicants issued bid invited book; to not through qualification pre of applicants issued qualification pre results notice, told not through of according to and reasons; (six) prepared tender file; (seven) sale tender file, public tender file of key content; (eight) need Shi, organization potential bid people reconnaissance project site, held bid prepared will; (nine) received bid file, public opening; (ten) formed assessment standard Committee assessment standard, assessment standard Committee prepared assessment standard report, and recommended bid candidates;
(11) the public information about the successful candidate (12) to determine the winning bidder, (13), preparation of the tender a written report (14) notice issued to the winning bidder the winning bidder and inform all unsuccessful bidders bidding result (15) entered into contract with the winning bidder.
Post-qualification public tender in the form, after the completion of tender documents prepared and published a tender notice, in accordance with the procedures in the preceding paragraph (g) to (15).
By invitation to tender, the completion of the tender documentation and after the issue of invitations to bid, in accordance with the procedures in the preceding paragraph (g) to (15). 12th State-owned funds controlled or dominated by road construction projects subject to tender according to law, pre-qualification, the Tenderer shall, in accordance with the relevant provisions established eligibility Committee reviews applications for prequalification documents.
Experts decimation of the Credentials Committee, as well as eligibility requirements, shall apply the provisions of these measures regarding the bid evaluation Committee.
The 13th review procedures by qualified in principle for the pre-qualification system.
Prequalification review the use of certified, meet the standards of the prequalification document review applicants must be pre-qualified. Prequalification review 14th after the qualifying Committee eligibility report shall be compiled.
Qualification review report should contains Ming following content: (a) tender project basic situation; (ii) qualification Review Committee members list; (three) supervision personnel list; (four) qualification pre application file submitted situation; (five) through qualification review of applicants list; (six) not through qualification review of applicants list and not through review of reason; (seven) score situation; (eight) clarified, and description matters summary of; (nine) need description of other matters; (ten) qualification review schedule.
Except as provided in the preceding paragraph (a), (c), (d) content, the eligibility all members of the Committee shall sign on the eligibility page-by-page review of the report. Pre-qualified applicants for prequalification review 15th disagrees with the results shall, after receipt of the notice of prequalification results made in the 3rd.
Tenderer shall from the date of receipt of the objection within the 3rd responded before making a reply shall suspend the bidding and tendering activities. Tenderer has not received an objection of objections and replies have been made or received, issued to pre-qualified applicants shall promptly tender invitations.
Not pre-qualified applicants who do not have status.
16th road construction projects subject to tender according to law, the Tenderer shall, in accordance with standards set by the Ministry of transport of text, combined with the project specific characteristics and actual needs, preparation of prequalification documents and solicitation documents.
The prequalification documents and tender documents shall specify the detailed vetting procedures, standards and methods, the Tenderer shall not be reviewed under separate rules.
17th a tenderer shall be in accordance with the provisions of the provincial Transportation Department, prequalification documents and clarifying, modifying and tender documents and to clarify, modify the corresponding departments of transportation.
18th article tender people should since qualification pre file or tender file began sale of day up, will its key content upload to has tender supervision duties of traffic transport competent sector government website or its specified of other website Shang for public, public content including project profile, and on applicants or bid people of qualification conditions requirements, and qualification review approach, and assessment standard approach, and tender people contact way,, public time to submitted qualification pre application file as time 2nd Qian or bid as time 10th Qian end.
Tenderer prequalification or tender documents issued by clarifying or modifying involved public content in the preceding paragraph, the Tenderer shall, to the departments of transportation and will clarify or modify the content posted on the site provided for in the preceding paragraph. 19th potential bidders or any other interested person may, in accordance with the relevant provisions of the prequalification documents or the tender documents to protest. Tenderer shall on the written replies to the objections.
Not make a written reply within the specified time, shall submit a prequalification application deadline postponed or the bid closing time.
Written replies concerning the effect of the Tenderer prequalification documents or tender documentation shall be in accordance with the provisions relating to clarify or modify, adjust the deadline for submission of prequalification documents or tender closing time, and notified in writing to all get the prequalification documents or tender documents potential bidders. 20th tenderer should reasonably distinguish between packages, determine the duration, quality, safety requirements, and set out in the tender documents.
Section Division should facilitate project and construction management, professional convergence and cooperation, must not use the classified section to avoid bidding, restrict or preclude potential bidders.
Design and construction general contractor bid people to tender and construction contract-bidding or professional bid.
21st tenderer with the specific characteristics and needs of the project, set the qualifications of bidders or potential bidders, performance, key personnel, financial ability, performance reputation, qualifications, and shall not be unreasonable conditions, exclusion of potential bidders or bidders. Except People's Republic of China tender bid method implementation Ordinance 32nd article provides of case outside, tender people has following behavior one of of, belongs to to not reasonable of conditions limit, and exclusion potential bid people or bid people: (a) set of qualification, and performance, and main personnel, and financial capacity, and performance reputation, qualification, and technology, and business conditions and tender project of specific features and actual need not phase adapted or and contract perform has nothing to do; (ii) forced requirements potential bid people or bid people of statutory representative people, and Enterprise head, and
Technical lead for specific staff to personally buy the prequalification documents, tender documents or opening activities; (c) by setting the record, register, registration, establishment of branches and other laws and administrative regulations based on unreasonable conditions, restricting the entry of prospective bidders or bidders bidding project site. 22nd Tenderer shall, in accordance with relevant State regulations, combined with the specific characteristics and needs of the project, reasonably determine the bidder key personnel as well as the number of other management and technical personnel and qualification requirements. Candidates to be put into the main bidders should fill in the bid documents, other management and technical personnel in the specific person by the tenderer and the winning bidder in the contract negotiation stage.
For particularly complex extra large bridge and tunnel project and other projects with special requirements, bidders may require of the tenderer in the tender document, fill in other management and technical personnel.
Key personnel in these measures refers to the design leader, Chief supervision engineer, project manager and Chief Engineer of the project, such as project management and technical director. 23rd tenderer can decide for themselves whether to prepare bidding or set your maximum bid price.
Tenderer may not set the minimum bidding price.
Accept commissioned base number intermediary or the highest bid price shall not be involved in the project bidding, or bidders for the project preparation of the tender documents or provide advice.
24th a tenderer shall strictly comply with the relevant legal provisions, administrative regulations on all types of deposits collected and collected by the deposits set out in the tender documents form, amount and time of return. May, on any additional or disguised in the name of the tenderer an additional bond or free to change the tender documents contain the margin charged form, amount and time of return.
The tenderer may not charge any deposit during the pre-qualification. 25th a tenderer in the tender document required bidders to submit a bid bond, bid bond shall not exceed the tender bid estimate price of 2%.
Bid security shall be consistent with the bid validity period the validity period. Highway construction projects subject to tender according to law of bidders, by cash or cheque submission of bid security shall be transferred from its basic account.
Bidders to submit a bid bond does not meet the requirements of the tender documents, should veto its bid.
The Tenderer shall not misappropriate a bid bond.
26th a tenderer shall, in accordance with the relevant State laws and regulations, clearly in the tender documents allows the subcontracting or may not subcontract engineering and services, subcontractor shall meet the eligibility conditions and administrative requirements imposed on subcontracting.
In tender document, the tenderer may not set the discriminatory provisions on subcontracting.
Tender people has following behavior one of of, belongs to Qian paragraph by said of discrimination sex terms: (a) to points package of workload scale as rejected bid of conditions; (ii) on bid people meet legal regulations and tender file provides of points package plans set buckle points terms; (three) according to points package of workload scale on bid people for difference score; (four) to other not reasonable conditions limit bid people for points package of behavior. 27th in tender document, the Tenderer shall divide the risks on both sides, not setting passing on risks should be borne by the tenderer to design, construction, supervision and other unreasonable terms of bidder.
Tender documents should set a reasonable price adjustment provisions, expressly agreed upon payment terms of the contract, the date of interest payment standards and ensure equality of status. 28th a tenderer shall be according to the project's specific characteristics as well as the relevant provisions of the measures, setting evaluation standards and methods in the tender documents. Bid evaluation criteria and methods must not contain or preclude potential bidders, shall not preclude or restrict the competition among bidders.
Prohibited lottery, lottery and other gaming directly to determine the successful candidate. 29th in the form of provisional estimate included in tenders within the scope of works, goods and services, belongs to the project subject to tender according to law the scope of size and reach the national standard shall be legal tender.
Tenders shall be stipulated in the contract is responsible for the implementation of the provisional assessment project bidding and tendering procedures.
Chapter 30th bidder in response to tender bidding, legal persons or other organizations participating in the bidding.
Qualifications of the bidder shall satisfy the provisions of the tender documents, tender has to bear the corresponding capability.
31st returns provided by the bidder in the tender documents, qualifications, performance, the qualifications of key personnel and the current job situation, credit ratings and other information, should be in the Transportation Department road information management system of construction market credit cards and related information published.
32nd bidder shall require binding, sealed bidding documents and in accordance with the provisions of the tender documents of the time, place and manner of the tender documents the tenderer.
Highway engineering survey and design and construction supervision of tendering and bid documents shall be sealed in double envelope, first for business documents and technical papers in the envelope, the second envelope for quotations.
The highway engineering construction tender, the Tenderer prequalification for bidding and bidding techniques scoring the lowest-priced method, or using post-qualification tender, bid documents shall be sealed in double envelope, first for business documents and technical papers in the envelope, the second envelope for quotations.
Article 33rd after service of the tender documents, as required, tender prior to the deadline specified in the bidding documents, bidders to modify or withdraw the bid documents shall inform the tenderer in writing letters.
Modify the letter of bid documents are part of the bid documents, its prepared form, seal, served time, and applicable provisions of the tender documents.
Bidders in the tender prior to the deadline to withdraw the bid document and has received the bid of the tenderer, the Tenderer shall from the date of receipt of the written notification of withdrawal of bidders return the bid within the 5th.
Bidders after bid closing of withdrawal of tender documents, the tenderer may not refund the deposit.
34th bidder according to the provisions of the tender documents relating to subcontracting, intends to bid after the bid subcontract part of the work of the project, should be set out in the tender documents.
Bidders in the tender documents were not included in the subcontracting plan works or services, the successful tenderer shall not subcontract after, except as otherwise provided by laws and regulations or the tender documents.
The fourth chapter bid opening, evaluation and winning the 35th 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.
Bidders with less than 3 may not bid, bid documents shall be returned to the bidder the tenderer should be re-tendered. Article 36th opening hosted by the tenderer, and all bidders shall be invited to attend. Bid opening process should be documented and archived for future reference. Disagrees with the bidder to bid, should be submitted in the opening scene, the tenderer should respond on the spot and making records.
Did not attend the opening bidder, as no objections to the bid process. 37th article bid file according to tender file provides used double envelope form sealed of, opening points two a steps public for: first steps on first envelope within of business file and technology file for opening, on second envelope not opened and by tender people be sealed; second steps announced through business file and technology file review of bid people list, on its second envelope within of quotes file for opening, read bid quotes.
Failed business document and technical document review, the second envelope is not opened, and returned to the bidder bidding who did not participate in the second envelope opening, the Tenderer shall promptly after bid ends second envelope remained intact will be returned to the bidders.
38th Tenderer shall, in accordance with the relevant provisions of the formation evaluation Committee is responsible for the bid.
National approval or approved of highway, and level Highway, and independent bridge and independent tunnel project, assessment standard Committee experts should by tender people from national focus highway engineering construction project assessment standard experts library related professional in the random extraction; other highway engineering construction project of assessment standard Committee experts can from provincial highway engineering construction project assessment standard experts library related professional in the random extraction, also can from national focus highway engineering construction project assessment standard experts library related professional in the random extraction.
Complex technical, professional or special requirements of the State, determined randomly taken of bid evaluation expert is no guarantee that equal special project subject to tender, can be directly determined by the tenderer.
39th Transportation Department is responsible for the State's key highway construction project bidding evaluation experts in management.
The provincial transport authorities are responsible for the administrative management of the highway construction project bidding evaluation experts. The 40th Chairman of the bid Committee should recommend a democracy, is responsible for organizing members of the bid Assessment Committee evaluation work carried out.
Bid Committee Chairman and other members of the bid Assessment Committee of the equal rights and obligations.
41st Tenderer shall provide information necessary for the evaluation of the bid Committee, but shall not express or imply its favoring or excluding a particular bidder. Information necessary for the evaluation including, tender documents clarification or modifying records, opening, tender documents, prequalification documents.
Tender people can assist assessment standard Committee carried out following work and provides related information: (a) according to tender file, prepared assessment standard using of corresponding form; (ii) on bid quotes for arithmetic sex check; (three) to assessment standard standard and method for according to, lists bid file relative Yu tender file of all deviation, and for classified summary; (four) query highway construction market credit information management system, on bid people of qualification, and performance, and main personnel qualifications and currently on-the-job situation, and credit grade for verified.
The Tenderer shall not be made in the tender documents and any comments shall not be intentionally omitted or partial excerpt shall not be revealed before the qualitative evaluation Committee for all deviations have deviations bidder's name.
Evaluation Committee shall, in accordance with provisions of the tender documents, comprehensive, independent review of all tender documents and to verify the above information provided by the tenderer, find errors or omissions, and should be amended. 42nd Bid Committee shall be determined in accordance with tender documents evaluation criteria and methods of evaluation.
Tender documents does not require the assessment standards and methods may not be as a basis for evaluation. 43rd reconnaissance of highway engineering design and construction supervision of tendering and bid evaluation method should be used, business documents, technical documents for bidders and rate quotations, sorted by scores from high to low, recommending the successful candidate.
Bid evaluation scoring weight should not exceed 10%, bid evaluation scores should be based on the bid and bid base price deviation is calculated. 44th road construction bidding, bid evaluation method is used, or review the lowest bidding price method.
Comprehensive assessment including a reasonable low price method, techniques scoring the lowest-priced and comprehensive scoring method.
The reasonable low price method, refers to the preliminary assessment of the bidder, is no longer on the construction organization design, project management, technical capacity and other factors to rate solely on the basis of bid base price bid rating, according to the sort of scores from high to low, recommended methods of the evaluation of the successful candidate. Techniques scoring the lowest-priced method, refers to the preliminary assessment of the bidder's construction organization design, project management, technical capacity and other factors to rate according to the sort of scores from high to low, ranking number specified in the tender documents of the bidder's offer document review in the bid price from low to high order recommended methods of the evaluation of the successful candidate.
Tenderer in the tender documents the participation price set of files reviewed number of bids shall not be less than 3. Comprehensive scoring method, refers to the preliminary assessment of the bidder's bid, construction organization design, project management, technical factors such as ability to rate, in terms of the sort of scores from high to low, recommended methods of the evaluation of the successful candidate.
Bid evaluation scoring weight shall not be less than 50%.
Review the lowest bidding price method, refers to the preliminary assessment of the bidder, in accordance with the bid price from low to high, recommended methods of the evaluation of the successful candidate. Highway Engineering Construction tender comments the sign, generally with reasonable low price method or techniques scoring the lowest quotation. Particularly complex subject of extra large bridge and tunnel project engineering, comprehensive scoring method can be used.
Project small, low-tech project, you can review the lowest bidding price method.
Article 45th design construction contract bid, the tenderer should be based on the engineering geological conditions, technical features and construction difficulty of determining bid evaluation method.
Tendering of design construction contract bid using general scoring, scoring factors, including bid evaluation, project management, technical capabilities, design, file optimization, design and construction general contract management programme, the construction organization design and other factors, bid evaluation scoring weight shall not be less than 50%. 46th members of the bid Assessment Committee shall be objective, fair and prudent to carry out their duties, comply with professional ethics.
Members of the bid Assessment Committee shall be based on bid evaluation methods under review order and item-by-item completed evaluation work, on to my review and score the impartiality, objectivity and accuracy.
Apart from the bid and performance bonds credit scoring, and Evaluation Committee members to tender business and technical evaluation of the relevant factors shall not be less than typically prescribed in the bidding documents that factor out 60%; score below the full mark of 60%, members of the bid Assessment Committee shall explain in the bid evaluation report.
Tender evaluation Committee members should be on duties of bid activity be recorded and set out in the written report on the bidding. 47th Tenderer shall, according to project size, technical complexity, number of tender documents and evaluation methods of determining reasonable evaluation time.
More than one-third of the Evaluation Committee members felt that the bid didn't have enough time, the Tenderer shall be extended appropriately. In the bidding process, Evaluation Committee members the withdrawal cause, absence from duty or because of health or other reasons cannot continue to bid, should be replaced immediately.
Replaced members of the bid Assessment Committee to review conclusions invalid, by replacing members of the bid Assessment Committee to review it.
According to the provisions of the preceding paragraph was replaced by the bid evaluation Committee members for evaluation experts expert, the Tenderer shall, in the original bid evaluation expert pool, the original pump replacement members of the bid Committee, or in compliance with legal provisions in a corresponding reduction in the bid evaluation committee represents the number of the tenderer. 48th Bid Committee should query the transport departments of credit information management system of highway construction market, the bidder qualification, performance, key personnel qualifications and to verify the current job situation, credit rating and other information.
Tender documents contained information and published market information management system of highway construction information does not match, bidder qualifications do not meet the requirements of the tender documents, bid evaluation Committee should reject the bid.
49th Bid Committee had found that the bidder's bid was significantly lower than other bidders offer or where there is significantly lower than the base price when bidding shall request written clarification from the bidder to bid and provide related proof materials.
Bidder does not justify, in accordance with its price and quality standard stipulated in the tender documents and to meet deadlines for bidding for the project, the Evaluation Committee shall determine the bidder by bidding below cost, and to reject the bid.
50th article Evaluation Committee should be in accordance with the People's Republic of China bidding law regulations for the implementation of the 39th, 40th, 41st, the relevant provisions found in the evaluation process of the bidders and bidders, bidders exists with the tenderer's bid-rigging cases for review and determination. 51st after the bid Committee to review bid documents, due to lack of effective bidding 3 makes the apparent lack of competitive bid, it may reject all bids.
Not to reject all bids, the bid Committee should in the evaluation report of the grounds and recommends successful candidates.
Bid file according to tender file provides used double envelope form sealed of, through first envelope business file and technology file review of bid people in 3 a above of, tender people should according to this approach 37th article provides of program for second envelope quotes file opening; in on quotes file for review Hou, effective bid insufficient 3 a of, assessment standard Committee should according to this article first paragraph provides implementation. Through first envelope business file and technology file review of bid people less than 3 a of, assessment standard Committee can rejected all bid; not rejected all bid of, assessment standard Committee should in assessment standard report in the stated reason, tender people should according to this approach 37th article provides of program for second envelope quotes file opening, but assessment standard Committee in for quotes file review Shi still right to rejected all bid; assessment standard Committee not in quotes file review Shi rejected all bid of,
Reasons shall be stated in the evaluation report and recommends successful candidates. Upon completion of the 52nd bid, the bid Assessment Committee shall submit a written evaluation report to the tenderer.
Bid evaluation report recommended that the successful candidate should be no more than 3 and indicates the sorting.
Assessment standard report should contains Ming following content: (a) tender project basic situation; (ii) assessment standard Committee members list; (three) supervision personnel list; (four) opening records; (five) meet requirements of bid people list; (six) rejected of bid people list and rejected reason; (seven) collusion bid case of review situation description; (eight) score situation; (nine) by review of bid people sort; (ten) bid candidates list; (11) clarified, and description matters summary of; (12) need description of other matters;
(13) the evaluation schedule.
The bid supervisory personnel or the request for anyone to interfere with normal bidding activities, as well as on the bidding activities of other improper behavior, the bid Committee should in the bid evaluation report (12) items in the record. Except as provided in the second paragraph of part (a), (c) and (d) of the content, all members of the bid Assessment Committee shall sign on the bid evaluation report page by page. Different comments on the evaluation results of the members of the bid Assessment Committee shall in writing of their views and reasons, evaluation reports should indicate the different views.
Members of the bid Assessment Committee refused to bid to sign on without writing its views and reasons, and as a result agreed to bid.
53rd article law must for tender of highway engineering construction project, tender people should since received assessment standard report of day up 3rd within, in on the project has tender supervision duties of traffic transport competent sector government website or its specified of other website Shang publicity bid candidates, publicity period shall not less than 3rd, publicity content including: (a) bid candidates sort, and name, and bid quotes; (ii) bid candidates in bid file in the commitment of main personnel name, and personal performance, and related certificate number;
(C) the returns provided by the successful candidate in the tender documents, project performance, and (iv) rejected bids of bidder's name, rejected evidence and reason, (v) other contents of solicitation documents provided publicity. The bidder or any other interested person on highway construction projects subject to tender according to law disagrees with the evaluation results, should be raised during the successful candidate announcement.
Tenderer shall from the date of receipt of the objection within the 3rd responded before making a reply shall suspend the bidding and tendering activities. The 54th only authorize the bid Assessment Committee to directly determine the bid of the tenderer who, the Tenderer shall, according to the bid Committee and a written evaluation report and recommended the successful candidate to determine the winning bidder. State-owned funds controlled or dominated by road construction projects subject to tender according to law, the Tenderer shall determine the successful candidate ranked first as the winning bidder.
First-ranked successful candidate to abandon bid, due to force majeure cannot fulfill the contract, in accordance with the tender documents required to submit a performance bond, or verified violations affecting the bidding result, where the winning conditions are not met, the tenderer can bid Committee list of winning candidates in order to determine the successful candidate for the winning bidder can also re-bid.
55th road construction projects subject to tender according to law, the Tenderer shall determine the winning bidder within 15th of, written report on the bidding for the project bidding and oversight responsibilities of departments of transportation.
Written report referred to in the preceding paragraph shall include at least the following: (a) basic conditions of tender, (ii) the tendering process briefly; (c) the bid notes; (d) the successful candidate announcement; (v) the bidding result; (vi) accessories, including bid evaluation reports, description of the duties of the members of the bid Committee.
Pre-qualification information, objection and complaint handling and qualification report, should also be included in the written report.
56th Tenderer shall be promptly sent to the winning bidder the winning bidder notice and inform all unsuccessful bidders the winning results.
57th 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 subject of the contract, price, quality, safety, time of performance, key personnel and other key provisions should be consistent with the contents of the above-mentioned documents.
The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract. Tenderer shall, at the latest after the winning bidder notice to bidders other than the successful candidate in the 5th refund bid, with the winning bidder to enter into a written contract to the winning bidder within the 5th and other successful candidate return bid.
Submission of bid security in cash or cheque, the Tenderer shall refund the bid deposit interest on bank deposits, and returned to the bidder's account. Article 58th of bid invitation documents require the winning bidder to submit a performance bond, the winning bidder should be in accordance with the requirements of the tender documents submitted. The performance bond shall not exceed the accepted contract amount of 10%.
The Tenderer shall not designate or specify the form of payment of a performance bond in disguise, by winning bidder to choose a bank guarantee or cash, checks and other forms of payment.
59th Tenderer shall strengthen the management of the performance of the contract, establishing assessment system of the winning bidder rate of key personnel in place.
Provincial transportation departments should organize regular contract performance evaluations carried out supervision and inspection, will check the situation to the public, and will check the results recorded in the winning bidder and the main personal credit file.
60th article law must for tender of highway engineering construction project, has following case one of of, tender people in analysis tender failed of reasons and take corresponding measures Hou, should in accordance with this approach again tender: (a) through qualification pre of applicants less than 3 a of; (ii) bid people less than 3 a of; (three) all bid are was rejected of; (four) bid candidates are not and tender people made written contract of.
Retendering, prequalification and bidding documents and bidding of written reports should be in accordance with the provisions of the measures reported to the Transportation Department records.
Once the bid bidders are still less than 3, is in accordance with the relevant provisions of the State needs to fulfil the project approval, approval procedures for highway construction projects subject to tender according to law, after approval by the project examination and approval, approval may no longer tender; others may decide not to conduct bidding by the tenderer.
In accordance with the provisions of this article are no longer tender, the tenderer may invite submission of prequalification documents of the applicant or bidder that has submitted bids to negotiate to determine the project undertaker, and report on the project has to be negotiated bid oversight responsibilities of the departments of transportation.
Fifth chapter regulatory transportation departments at all levels shall, in accordance with article 61st of the People's Republic of China bidding law of the People's Republic of China bidding law implementing regulations and other laws and regulations, regulations and tendering and bidding activities administrative oversight duties, strengthen the supervision and management of the highway construction project tendering and bidding activities.
The 62nd transportation departments at all levels should establish and perfect the credit system of the biddings of highway engineering construction projects, strengthen the supervision and management of credit evaluation, maintaining a fair market competition order. The Tenderer shall credit departments of transportation highway construction project bidding evaluation findings should be used for.
Encourages and supports the priority business enterprises with high credit rating of the tenderer. Tenderer prequalification for high credit rating applicants, tenderers or the winning bidder, you can increase the number of bid bid, bid security relief, reduce preferential measures such as, quality of a performance bond margin.
Incentives and recognized credit evaluation results should be in the prequalification document and set out in the tender documents.
Prequalified applicants or bidders credit assessment results can be used as a qualification or performing credit scoring factors in the evaluation each credit rating score shall conform to the relevant provisions of the provincial Transportation Department, and enshrined in the prequalification documents or in the tender documents.
63rd bidder or any other interested person thinks the tendering and bidding activities does not meet the laws, administrative regulations, he may know or should have known that within 10th of complaints to the Transportation Department.
This way the 15th, 19th, the matters set forth in the 36th, 53rd complaint, objection should be made to the tenderer, objection not calculated during a reply within the time limit prescribed in the preceding paragraph. 64th the complainant's complaint, it shall submit a complaint.
The complaint should include the following: (a) the complainant's name, address, and a valid contact, (ii) was the complainant's name, address and valid contact information, (iii) for the basic facts of the matter and (iv) the objections and the responses of the tenderer (v) related requests and claims and (vi) effective clues and relevant supporting documents. Provisions of this approach should be matters of complaint the complaint shall submit the documents that have been challenged.
Not complying with the provisions of objection or complaint has not submitted objections to the proposed transportation departments may not be considered.
65th complainant in respect of the same matter to two or more transport complaints to the competent authority, by specific responsibility for the supervision and management of project tendering and bidding activities transport authorities are responsible for processing.
Transport Department within 3 business days from the date of receipt of the complaint to decide whether to accept complaints, and complaints in writing within 30 working days from the date of decision; needs inspection, testing and verification, expert evaluation, excluding the time required.
Lacks factual or legal basis for the complaint of the complainant, or there is evidence that the complainants make up a story, forged materials, complaints or complaints of people illegally obtained materials, transportation departments shall be rejected, and liability for malicious complaints complaints held in accordance with the relevant provisions. 66th transportation authorities to deal with complaints, the right to access, copy relevant documents and materials, to investigate the situation, and shall cooperate with related units and personnel.
If necessary, the transportation authority may order suspension of the bidding activities.
Transport authorities in supervision and inspection staff aware of State secrets, business secrets, it shall be kept confidential.
67th Transportation Department's handling of the complaints made decisions should have to the project bidding and oversight responsibilities of transportation authorities announced on a Government Web site, include the subject matter of the complaint, findings, decisions, views of the punishment, and punishment. Sixth chapter legal responsibility 68th article tender people has following case one of of, by traffic transport competent sector ordered corrected, can at 30,000 yuan following of fine: (a) not meet this approach eighth article provides of conditions and for tender of; (ii) not according to this approach provides will qualification pre file, and tender file and tender bid situation of written report record of; (three) invited tender not law issued bid invited book of; (four) not according to project approval, and approved sector determine of tender range, and tender way, and
Tender Organization for tender of; (five) not according to this approach provides prepared qualification pre file or tender file of; (six) due to tender people reasons led to qualification review report exists major deviation and effect qualification pre results of; (seven) misappropriated bid margin, additional or disguised additional margin of; (eight) bid people number not meet statutory requirements not again tender of; (nine) to assessment standard Committee provides of assessment standard information not meet this approach provides of; (ten) not according to this approach provides publicity bid candidates of;
(11) set out in the tender documents the performance bond amount and form of payment does not comply with the regulations.
69th bidders in the tendering process in the deception, tenders or other bidders bid-rigging, bribe-seeking the bid, no legitimate reasons to give up the bid to malicious complaints, such as bidding and bad behavior, in addition to penalties in accordance with the relevant laws and regulations, provincial transport authorities can also reduce its annual credit score or lower the credit ratings of the year.
The 70th member of the bid Committee failed to tender under this approach the 41st article (a) to (d) of careful verification of the information provided, lead to omissions or errors in the bid, by the Department of transportation shall be ordered to correct.
71st transportation departments shall be announced in accordance with law on bidding in highway engineering construction project tendering and bidding activities person, bidding Agency, tendering and bid evaluation Committee members, such as the illegal or malicious complaints of administrative decisions, and bad behavior as bidding information credited to the credit files of the appropriate parties.
The seventh chapter supplementary articles article 72nd international organizations or foreign government loans, aid project bidding, lender, provider of funds to the tender conditions and the provisions of the program, its provisions can be applied, but contrary to People's Republic of China except in the public interest.
73rd using electronic bidding shall be in accordance with these procedures and State regulations on electronic tendering. 74th these measures come into force February 1, 2016. Highway Engineering Construction tender bid management approach (Ministry makes 2006 7th,), and highway engineering construction supervision tender bid management approach (Ministry makes 2006 5th,), and highway engineering survey design tender bid management approach (Ministry makes 2001 6th,) and on modified straddling highway engineering survey design tender bid management approach of decided (traffic Transport Department makes 2013 3rd,), and On implement circular of the on further specification enrollment bid activities of several views of notification (make Highway sent (2004) No. 688,), and on highway construction project goods tender is strictly prohibited specified material origin of notification (Office Highway Word (2007) No. 224,), and highway engineering construction tender qualification pre approach (make Highway sent (2006) 57th,), and on strengthening highway engineering assessment standard experts management work of notification (make Highway sent (2003) No. 464,), and On further strengthening highway engineering construction tender assessment standard management work of notification (make Highway sent (2008) No. 261,), and on further strengthening highway engineering construction tender qualification review work of notification (make Highway sent (2009) 123th,), and on reform using international financial organization or foreign government loan highway construction project construction tender management system of notification (Office Highway Word (2008) 40th,), and highway engineering survey design tender assessment standard approach (make Highway sent (2001
), No. 582), the Protocol to implement design methods for Administration for biddings of highway engineering survey notice (cross-roads (2002), No. 303) repealed simultaneously.