(Released on January 11, 2007, the Ministry of construction, the 154th come into force on March 1, 2007) first in order to enhance the qualifications of bidding agencies of engineering construction project management, maintenance of construction project tendering and bidding activities the legitimate rights and interests of the parties, in accordance with the People's Republic of China bidding law and the People's Republic of China administrative permission law and other relevant laws and administrative regulations, these measures are formulated.
    Article in the People's Republic of China engaged in various construction projects in the procuratorial tender business body qualification cognizance of, these procedures apply.
    Construction projects in these measures (hereinafter referred to as project), refers to civil engineering, construction engineering, wires, pipelines and equipment installation and decoration projects.
    Construction projects tender Agency in these measures (hereinafter referred to as tender agent), refers to the project tendering Agency invites tender commissioned in engineering survey, design, construction, supervision and construction-related and important equipment (except for the import of mechanical and electrical equipment), materials procurement agency business.
    Article the competent construction department in charge of the national management of the qualification of tendering agencies.
    The provinces, autonomous regions and municipalities-building within the Department responsible for the administration of the qualification of tendering agencies of administration.
    Fourth in engineering tender agent institution shall obtain a State building departments or provinces, autonomous regions and municipalities building departments found the bidding agencies of engineering qualifications and licensing of its corresponding engineering within the procuratorial tender business.
    The fifth bidding agencies of engineering qualifications are divided into class a, class b and provisional level.
    Category a tendering agency can undertake various projects tender agency business.
    Category b projects tender agency only projects with a total investment of 100 million Yuan given the tender agent.
    Tentative project tendering Agency, only projects with a total investment of 60 million Yuan given the tender agent.
    Sixth engineering bidding agencies across provinces, autonomous regions and municipalities directly under the project the procuratorial tender business.
    No unit and individual shall restrict or exclude project tendering Agency to carry out tendering agency business.
    Seventh grade a qualification of project tendering Agency building departments identified by the State Council.
    Serie b, tentative level of bidding agencies of engineering qualifications by the registered seat of the province, autonomous region and municipality building departments identified.
    Eighth article application engineering tender agent qualification of institutions should has following conditions: (a) is law established of intermediary organization, has independent corporate qualification; (ii) and administrative organ and other State no administrative membership relationship or other interests relationship; (three) has fixed of business places and carried out engineering tender agent business by needed facilities and the Office conditions; (four) has sound of organization institutions and internal management of regulations; (five) has prepared tender file and organization assessment standard of corresponding professional power;
    (Vi) as members of the bid Committee's technical, economic and other aspects of databases, (VII) other conditions stipulated by laws and administrative regulations. Nineth article application class a engineering tender agent qualification of institutions, except has this approach eighth article provides of conditions outside, also should has following conditions: (a) made serie b engineering tender agent qualification full 3 years; (ii) near 3 years within cumulative engineering tender agent bid amount in 1.6 billion Yuan Yuan above (to bid notice for according to, with); (three) has intermediate above titles of engineering tender agent institutions full-time personnel not less than 20 people,
    Which has engineering construction class registered practice industry qualification personnel not less than 10 people (which registered cost engineers many Yu 5 people), engaged in engineering tender agent business 3 years above of personnel not less than 10 people; (four) technology economic head for this institutions full-time personnel, has 10 years above engaged in engineering management of experience, has senior technology economic titles and engineering construction class registered practice industry qualification; (five) registered capital not less than 2 million Yuan. Tenth Article application serie b engineering tender agent qualification of institutions, except has this approach eighth article provides of conditions outside, also should has following conditions: (a) made provisional level engineering tender agent qualification full 1 years; (ii) near 3 years within cumulative engineering tender agent bid amount in 800 million Yuan Yuan above; (three) has intermediate above titles of engineering tender agent institutions full-time personnel not less than 12 people, which has engineering construction class registered practice industry qualification personnel not less than 6 people (which registered cost engineers many Yu 3 people),
    Personnel engaged in the project tendering agency business for more than 3 years of not less than 6 and (iv) technical and economic heads for the full-time staff, with 8 years of project management experience, has the title of senior technical and economic and engineering construction registered qualifications; (e) the registered capital of no less than 1 million Yuan.
    The 11th new project tendering agency set up by the eighth and tenth, paragraph (c), (d), (e) the conditions, can apply for a provisional level of engineering tendering agent qualifications.
    12th article application engineering tender agent institutions qualification of institutions, should provides following information: (a) engineering tender agent institutions qualification application report; (ii) engineering tender agent institutions qualification application table and the electronic document; (three) enterprise corporate license; (four) engineering tender agent institutions articles and internal management regulations; (five) full-time personnel ID copies, and labor contract, and titles certificate or engineering construction class registered practice industry qualification certificate, and social insurance payment voucher and personnel archives agent proved;
    (Six) statutory representative people and technology economic head of served file, and personal resume, material, technology economic head also should provides engaged in engineering management experience proved; (seven) Office places proved, main office equipment listing; (eight) funded proved and the Shang a annual by audit of enterprise financial report (containing report and the description, with); (nine) assessment standard experts library members list; (ten) legal, and regulations requirements provides of other about information.
    Eligibility criteria for category a and category b projects bidding Agency, provide engineering tender agent should also be valid proof of performance (tenders, bid notices and tender evaluation agent contract).
    Project tendering agency should be responsible for the authenticity of the information provided.
    13th eligibility criteria for category a tendering Agency, shall provide the Agency registered seat of the province, autonomous region and municipality building authorities to apply.
    The provinces, autonomous regions and municipalities directly under the people's Government Building Department shall from the date of acceptance of the application has finished 20th in the first instance, and to set out its preliminary comments and application construction by the State authorities.
    Building departments of the State Council should be introspective, autonomous region, municipality building authorities to accept the application materials within 40 days from the date of completion of the review, public review comments, publicity for the 10th.
    14th serie b, provisional qualification of project tendering agency specific implementation procedures, the people's Governments of provinces, autonomous regions and municipalities directly under the legally determined by the Building Authority.
    Building departments of the provinces, autonomous regions and municipalities should be identified by b, the tentative list of project tendering agency level recognized in the 15th, building departments under the State Council for the record.
    15th bidding agencies of engineering qualifications in front of the identified Organization Expert Committee review by the Building Authority.
    16th bidding agencies of engineering qualification is divided into an original and a copy of the certificate, printed by the construction management Department under the State Council, copy of the original and has the same legal effect.
    Category a and category b projects bidding agencies qualification certificate is valid for 5 years, tentative level of project tendering agency certification is valid for 3 years.
    Article 17th of category a and category b projects tender agency qualification certificate expiry, needs to extend qualification certificate is valid, should the bidding agencies of engineering qualification certificate expiry 60 days before, apply to the licensing authority qualified to continue.
    During the period of eligibility to comply with relevant laws, regulations, rules, technical standards, credit file has no record of bad behavior, performance, professional and meet the eligibility requirements of category a and category b projects bidding Agency, agreed by the original licensing authority, is valid for 5 years.
    18th provisional qualification certificate expiry of project tendering Agency, need to continue to engage in the tender business, temporary project tendering Agency shall reapply for eligibility.
    19th article engineering tender agent institutions in qualification certificate validity within occurred following case one of of, should since case occurred of day up 30th within, to original qualification license organ handle qualification certificate change procedures, original qualification license organ in 2nd within handle change procedures: (a) business registration matters occurred change of; (ii) technology economic head occurred change of; (three) legal regulations provides of other need change qualification certificate of case.
    The people's Governments of provinces, autonomous regions and municipalities directly under the building departments handle the change, provinces, autonomous regions and municipalities within 15th of building departments should handle the change, will change building departments under the State Council for the record.
    20th engineering tendering agency eligibility certificate change, the following documents shall be submitted: (a) the certificate request, (ii) copy of business license of enterprise legal persons; (c) certificates, copies of copies (iv) qualifications change all supporting materials.
    21st construction bidding agency merged, the combined surviving or newly established bodies can inherit the high qualification level of the parties prior to the merger, but it should be consistent with the corresponding qualifications. Separation of project tendering agency only after the separation of project tendering agency inherited the original project of the qualification of tendering agencies, but should conform to the original bidding agencies of engineering qualifications.
    Side inherits the original bidding agencies of engineering qualifications determined by the separate parties; other eligible applications approved in accordance with these measures.
    22nd construction bidding Agency in project tendering Agency to receive new certificates at the same time, shall be entitled to return the original of the certificate issuing authority for cancellation. Project tendering Agency for updating (including add, replace, lost a replacement) of project tendering agency certification should be added to certificate holders to apply for materials such as apply to the licensing authority. Misplaced their eligibility certificates, before applying for, shall be published in the public media missing declarations.
    Licensing bodies should be completed in the 2nd.
    23rd project tendering Agency shall enter into a written contract with the tenderer, in the context of contract implementation agents and charge fees in accordance with the relevant provisions of the State; beyond contract implementing agent shall bear civil liability.
    24th construction bid invitation Agency shall during the term of its qualification certificate, keep project files as well as the outcome document of the process of tendering agent.
    Project tendering Agency shall not be forged, hidden bidding process agents, and result files.
    25th article engineering tender agent institutions in engineering tender agent activities in the shall not has following behavior: (a) and by agent tender engineering of enrollment bid people has membership relationship, and cooperation business relationship and other interests relationship; (ii) engaged in same engineering of tender agent and bid advisory activities; (three) beyond qualification license range bear engineering tender agent business; (four) knows delegate matters illegal and for agent; (five) take bribe, and provides rebate or give other not due interests, means undertake engineering tender agent business; (Six) without tender people written agreed, transfer engineering tender agent business; (seven) leaked should confidential of and tender bid activities about of situation and information; (eight) and tender people or bid people collusion, damage national interests, and social public interests and others lawful rights and interests of; (nine) on about administrative supervision sector law ordered corrected of decided refused to implementation or to fraud way hide truth; (ten) unauthorized modified by tender people agreed and stamped has tender people seal of engineering tender agent results file; (11) altered, and
    Resell, lease, lend or in any other form of illegal transfer of engineering tendering agent qualification certificate (12) other behaviors prohibited by laws, rules and regulations.
    Upgrade eligibility of project tendering agency or reapply for provisional-level qualification of tendering agencies, within the year preceding the date of application of one of the acts specified in the preceding paragraph, licensing authority shall not be approved.
    26th State building departments and provinces, autonomous regions and municipalities directly under the building Department shall, through verification of project tendering Agency employees, performance, conduct, acting quality and other conditions, strengthen the management of project tendering agency eligibility. 27th bidding agencies of engineering project bidding agent qualifications, no longer meets the condition, building departments according to the request of the interested party or ex officio, and can be ordered to rectify; fails to change, licensing authorities may withdraw the tender agent eligibility.
    Eligibility of withdrawn tender agent, in accordance with their actual conditions, re-engineering tender agent to a licensing authority eligible applications.
    28th article has following case one of of, qualification license organ or its superior organ, according to interest relationship people of requests or according to terms, can revoked engineering tender agent qualification: (a) qualification license organ staff abuse, and negligence made granted qualification license of; (ii) beyond statutory terms made granted qualification license of; (three) violation statutory program made granted qualification license of; (four) on not meet license conditions of application made qualification license of;
    (V) engineering tender agent qualification may be withdrawn in accordance with law in other circumstances.
    Through deception, bribery or other improper means in engineering tender agent a certificate of eligibility, should be rescinded.
    29th article has following case one of of, qualification license organ should law cancellation engineering tender agent institutions qualification, and announcement its qualification certificate void, engineering tender agent institutions should timely will qualification certificate make back qualification license organ: (a) qualification certificate validity expires not law application continued of; (ii) engineering tender agent institutions law terminated of; (three) qualification certificate was revoked, and withdrawn, or revoked of; (four) legal, and regulations provides of should cancellation qualification of other case.
    Article 30th departments shall establish a procuratorial agency credit file, and to the public.
    Project tendering Agency shall, in accordance with the regulations, provide the licensing authority with true, accurate and complete business credit file information. Project tendering agency credit file should include basic information, performance, quality and security, breach of contract, and so on.
    Of the first paragraph of this article approaches the 25th, complaint handling offences, administrative punishments should be credited to their credit files as bad behavior.
    31st engineering tendering Agency to hide relevant information or provides false information to apply for eligibility of project tendering Agency, licensing authority not to accept or not the administrative licensing, and give a warning, the Agency allowed to re-apply within 1 year bidding agencies of engineering qualifications.
    32nd project tendering agency fraud, bribery or other improper means to obtain the qualification for project tendering Agency, by the licensing authority in a warning and a fine of 30,000 yuan; the Agency not to re-apply in 3 years bidding agencies of engineering qualifications.
    33rd engineering tendering Agency does not go through the qualification procedures of alteration, handled by the original licensing authority ordered; if omitted, punishable by fines of less than 1000 Yuan and 10,000 yuan.
    34th project tendering agency credit file information is not provided in accordance with the provisions of, the original licensing authority warning, rectification; fails to correct, punishable by fines of less than 1000 Yuan and 10,000 yuan.
    Article 35th in engineering tender agent qualification or beyond the scope of licensing of project tendering agency business, the bidding agent is invalid, fined 30,000 Yuan by the original licensing authority.
    36th project tendering agency alter, resell, lease, lend or in any other form of illegal transfer of engineering tendering agent qualification certificates, fined 30,000 Yuan by the original licensing authority.
    The 37th article 25th of this approach (a), (b), (d), (e), (f), (I), (j), (12) acts, and impose a fine of 30,000 yuan. 38th article of the rules take effect on March 1, 2007.
                                                                                                            Engineering measures for the qualification of tendering agencies of construction project (Ministry of construction, the 79th) repealed simultaneously.