(June 23, 2006 2006 7th released, traffic, come into force on August 1, 2006) Chapter I General provisions article specification for highway engineering construction tender and bid activities, ensure the quality of highway construction, maintenance of tender and bid activities the legitimate rights and interests of the parties, under the Highways Act, the tendering and bidding law, these measures are formulated.
    Article in the People's Republic of China territory of Highway Engineering tendering and bidding activities, these measures shall apply.
    Highway Engineering in these measures, including highways, roads and bridges, roads and tunnels, and the associated safety equipment, protective equipment and monitoring facilities, communications facilities, toll facilities, amenity, service facilities, management facilities and other ancillary facilities of roads, renovation and installation works.
    Third article following highway engineering construction project must for tender, but involved national security, and national secret, and rescue relief or using poverty funds implemented food-for-work, not suitable for tender of project except: (a) investment total in 30 million Yuan Yuan above of highway engineering construction project; (ii) construction single contract estimates price in 2 million Yuan Yuan above of highway engineering construction project; (three) legal, and administrative regulations provides should tender of other highway engineering construction project.
    Article highway engineering construction tender and bid activities shall conform to openness, fairness, impartiality and good faith principles.
    The fifth highway construction projects subject to tender according to law, tender and bid activities shall not be limited by areas or departments, any enterprise engaged in highway construction requirements can participate in the bidding.
    No organization or individual may unlawfully interfere with in any way of Highway Engineering tendering and bidding activities.
    Sixth law of the Ministry responsible for the supervision and management of Highway Engineering tendering and bidding activities nationwide.
    Local transportation departments of people's Governments at or above the county level in accordance with the legally responsible for the administration of their respective duties in the bidding of highway engineering construction supervision and management.
    Seventh chapter bidding of highway engineering construction tender projects shall satisfy the following conditions: (a) preliminary design document has been approved, (ii) funds for construction have already been implemented, and (iii) project legal persons have been identified, and in accordance with the project entity eligibility requirements.
    Eighth article of the highway engineering construction tender the tenderer, should be in accordance with the measures provided for highway engineering construction tender project, project Corporation of highway engineering construction tender.
    Nineth tenderer with the following conditions, you can carry out the tender: (a) is commensurate with the project management, cost management, financial management, (ii) has the ability to organize the preparation of bidding document of highway engineering construction (iii) qualification of bidders with bid review and organization abilities.
    The tenderer does not have the conditions prescribed in the preceding paragraph of this article, the tender shall entrust a qualified agency to carry out the highway engineering construction tender.
    No organization or individual may specify tendering Agency for the tenderer.
    Tenth highway engineering construction tender is divided into an open bidding and inviting tenders.
    Adopts the public tender, the Tenderer shall be designated by the State press, information networks or other media to publish tender notices, invites unspecified legal tender with the appropriate qualifications.
    By invitation to tender, the Tenderer shall send invitations to bid, invited three more specific legal entities with the appropriate qualifications to bid.
    11th highway engineering construction tender should be introduced for public bidding, laws, administrative regulations, and except as otherwise provided in this way.
    Meet one of the following conditions are not suitable for open tendering, approval procedures in accordance with law, you can make the invitation to tender: (a) technical complex or special technical requirements for the project, and the limited number of qualified potential bidders; (b) be limited by natural geographical environment; (c) the cost compared to the cost of public bidding, the proportion too large.
    12th highway construction bidding, the entire construction project bid a bid or tender according to different professions, different stages of implementation, respectively, but tender works must not be piecemeal or in any other way to Dodge tender.
    13th road engineering construction tender tenders, should be in favour of the principles of project management and scale construction, rational division.
    Construction schedule shall, in accordance with the approved preliminary design project, combined with the actual situation, determines. 14th highway engineering construction tender shall be carried out according to the following procedures: (a) determined by tender. By invitation to tender, shall be reported to the relevant authorities in accordance with national provisions; (b) the preparation of prequalification documents and solicitation documents. Tender file according to this approach provides record; (three) released tender announcement, sale bid qualification pre file; used invited tender of, can directly issued bid invited book, sale tender file; (four) on potential bid people for qualification review; (five) to qualification pre qualified of potential bid people issued bid invited book and sale tender file; (six) Organization potential bid people study tender project engineering site, held standard Qian will; (seven) accept bid people of bid file, public opening; (eight) formed assessment standard Committee assessment standard , It is recommended that successful candidate; (IX) determine the winning bidder.
    Evaluation reports and evaluating results in accordance with these regulations for the record and publicity; (j) issued winning notification; (11) highway construction contracts with the winning bidder.
    15th the highway engineering construction tender bids the potential bidders should be eligible for review. Through public bidding of highway engineering construction tender announcement, the Tenderer shall, in accordance with the potential bidders to submit prequalification documents, review the qualifications for potential bidders.
    Tender put on sale only to prequalified bidders bidding documents.
    By invitation to tender of highway engineering construction, issued the invitation to tender, the Tenderer shall, in accordance with tender documents submitted by the bidder, shall review the qualifications of the bidders.
    Highway Engineering Construction tender pre-qualification means shall be separately formulated by the Ministry.
    16th a tenderer who examine the potential bidders ' qualifications, should be carried out strictly in accordance with the provisions of the prequalification, lottery, lottery and other gambling methods can not be used for qualification.
    17th Tenderer shall, in accordance with the characteristics and needs of the project, preparation of the tender documents.
    Secondary and above Road and bridge and tunnel engineering construction tender documents shall, in accordance with Ministry of communications issued by the highway engineering domestic tender document model for the formats and requirements.
    Prescribed in the preceding paragraph of this article other than the highway engineering and ancillary facilities of highway engineering construction tender document may refer to the highway engineering domestic tender document model for the format and content, and according to the actual need to be simplified.
    18th on the bidder's qualification requirements in the tender documents, shall comply with the provisions of laws and administrative regulations.
    Tenderer may not set out in the tender documents of restrictive conditions hinder or exclude bidders shall not require to get the award in the region, such as requirements for the bid plus or the winning conditions.
    19th article tender file should contains Ming following main content: (a) bid invited book; (ii) bid people notes; (three) highway engineering construction contract terms; (four) tender project applies of technology specification; (five) construction figure design file; (six) bid file format, including bid book format and the bid book Appendix format, and bid book attached form type, and engineering volume listing format, and bid guarantees file format, and contract format,.
    Instructions to bidders shall include the following main elements: (a) the assessment standards and methods; (b) the time limit, and (iii) the starting and finishing time, place and manner of the submission of bid documents, (iv) the time and place of the opening.
    Tender announcement, and bid invited book should contains Ming following content: (a) tender people of name and address; (ii) tender project of name, and technology standard, and scale, and investment situation, and duration, and implementation locations and time; (three) gets qualification pre file or tender file of approach, and time and locations; (four) on potential bid people of qualification requirements; (five) tender people think should announcement or told of other matters. 20th the Tenderer shall, in accordance with the tender notice or invitation for bid rules suck, place the sale of prequalification documents and solicitation documents.
    Prequalification documents and solicitation documents are available for sale at the time of not less than 5 working days.
    21st Tenderer shall reasonably determine prequalification documents and the tender documents preparation time.
    Preparation of prequalification documents of time, from the date of sale at the prequalification documents to potential bidders to submit a prequalification application deadline shall not be less than the 14th.
    The time of the preparation of the tender documents, tender documents are available for sale at the date of deadline for submission of bid documents to bidders, highway, road, complex technology of extra large bridge, extra long tunnels of not less than 28th, other highway projects shall not be less than the 20th.
    22nd national trunk and the national expressway network construction projects construction tender documents shall be submitted to the Ministry for the record, other construction bidding of highway construction project document should be in accordance with the project management competence local transportation departments of people's Governments at or above the county level for the record.
    Transportation departments found that the tender documents do not comply with laws, rules and regulations, shall, upon receipt of the filing in the 7th, and put forward opinions and exercise their duties of supervision and inspection in a timely manner.
    23rd tenderer if the sale of tender documents is required to make the necessary clarifications or modifications shall be notified in writing before the bid closing date of 15th all bid documents received one, and should be in accordance with the provisions of article 22nd for the record.
    For clarification or modification of the tender documents as part of the tender documents.
    24th a tenderer who set reserve price, produced its own base number of units with the corresponding qualifications or delegate the preparation of bidding.
    Pretender should be consistent with national provisions on the management of project cost, and should be contained within approved budget.
    The Tenderer shall take measures, in the secrecy of the bids before the bid.
    The 25th national trunk and prequalification of the national expressway network construction projects results reported to the Ministry of communications filing other prequalification results in accordance with the project management of highway construction project permission to local transportation departments of people's Governments at or above the county level for the record.
    Chapter III bid 26th article of the highway engineering construction tender bids are responsive and participates in bid competition in highway engineering and construction units.
    Qualifications of the bidder shall satisfy the provisions of the tender documents, tender has to bear the corresponding capability. 27th two or more units can form a consortium to bid on construction of highway engineering in construction. Consortium members should have appropriate qualifications provided for in the tender documents.
    Construction units of the same profession form a consortium, according to level of qualification in lower unit to determine qualification levels.
    To form Consortium to bid on highway construction units shall be stated in the prequalification documents, and submitted to the consortium agreement for cooperation of the members of the Consortium.
    Members of the consortium agreement should be clearly hosting people and units of their respective rights and obligations.
    28th bidder should be in accordance with the requirements of the tender documents, attend the tenderer and which will host field.
    29th a bidder shall, in accordance with the tender documents for the preparation of bid documents, and responding to substantive requirements and conditions for tender documents. 30th a bidder in accordance with the tender document shall record the actual situation, intends to bid after the bid project to subcontract part of the critical work, subcontracting plan shall be submitted to the tenderer, and set out in the tender documents.
    The qualifications of the subcontractors shall be commensurate with the scale of its engineering standards.
    31st tenders and bids in the tender document appendices, tender part should be left to the bidder's legal representative or its authorized agent signed and stamped with the seal of the bidder, the other part shall be signed in accordance with the requirements of the tender documents.
    Bid documents shall be sealed by the bidder, and in accordance with the provisions of the tender documents served on the time, place and manner of the tenderer.
    Article 32nd after service of the tender documents, as required, tender prior to the deadline specified in the bidding documents, bidders required to withdraw or modify the tender documents should be presented in a formal letter and make notes.
    Modify the letter of bid documents are part of the bid documents, in the form required, seal, served time, applicable to the provisions of the tender documents.
    33rd tenderer bidder served on time and in accordance with the sealing requirements of the tender documents shall be signed, and keep it.
    Not sealed as requested by the Tenderer shall accept any tender documents and tender after the deadline for delivery of tender documents.
    Article 34th bidders to participate in the bidding, not fraud, collusion and other bidders to bid shall not take bribery and other illegal means to make a bid, without prejudice to other bidders.
    The fourth chapter opening time of bid opening, evaluation and winning the 35th article should be identified in the tender documents for the submission of bid documents and deadlines.
    Bid opening locations should be predetermined locations in the tender documents, may not be altered.
    Article 36th bids shall be opened to the public.
    Opening hosted by the tenderer, transportation departments, and all bidders shall be invited the legal representative or its authorized agents to participate in.
    37th when opened, by the bidders or their elected representatives check the sealing of tender documents, and can be used by the delegates of the notarial examination and be notarized.
    After confirmation, the seal of the bidding documents, the Tenderer shall be publicly opened and read out the name of the bidder, the bid prices and other elements of the bidding documents.
    The Tenderer has a base price, along with the bid.
    38th tenderer bids shall be recorded, and archived for future reference.
    39th bid established according to law by the tenderer's bid Committee. Evaluation Committee composed of representatives of the tenderer and the technical and economic experts.
    Five or more for the members of the Evaluation Committee in the singular, which shall not be less than the number of experts two-thirds of all members.
    40th national trunk and national highway network construction project, Evaluation Committee of experts from the Department of transportation established evaluation expert pool of randomly, other road construction projects in the bid evaluation Committee established by the experts from the provincial departments of transportation bid evaluation expert pool randomly.
    With bidders interested persons shall not enter the bidding for the project evaluation Committee.
    List of the 41st member of the bid Committee shall be kept confidential before the bidding result determined.
    42nd members of the bid Assessment Committee shall objectively and impartially perform their duties, comply with professional ethics, responsibility for review comments made by. Members of the bid Assessment Committee shall not privately contacts bidders may not accept bribes or other benefits of the bidder shall not be disclosed in the tender documents and evaluation, successful candidate recommendation and other circumstances relevant to the bid.
    Members of the bid Committee irregularities, once verified, cancel the bid Committee membership, and not permitted to participate in any evaluation of the project subject to tender according to law.
    No unit or individual may illegally interfere or affect the evaluation process and results.
    43rd bid Assessment Committee may require the bidder to bid of ambiguous content in the file to make the necessary clarifications or explanations, clarifications or explanations may not go beyond or to change the substantive content of the bidding documents.
    The 44th article of the highway engineering construction tender evaluation method may use a reasonable low price method, the lowest bid evaluation method, comprehensive evaluation method and double envelope bid as well as other laws and regulations allow the bid evaluation method.
    The reasonable low price method, refers to the preliminary review and detailed review of the bidders, not its construction design, financial capacity, technical capability, performance and reputation scoring, but manner as provided in the tender documents for bid evaluation scoring, and in accordance with the order of scores from high to low, recommend candidates for top 3 bidders bid evaluation methods.
    The lowest bid evaluation method, is defined as from low to high order, bid price not lower than the cost price of tender documents and preliminary evaluation and review in detail, recommended by an initial assessment and review in detail the top 3 bidders with the lowest bid evaluation method of the successful candidate.
    Comprehensive assessment method, refers to all through the initial review and detailed review of the bidder's bid, financial ability, technical skills and management level as well as performance and reputation score, sorted by score from high to low, and recommend candidates for top 3 bidders bid evaluation methods. Double envelope bidding method, means bidders will bid Bill of quantities and in a separate sealed envelope in a quotation, and other business and technical documents sealed in a separate envelope, method of evaluation of the two bids. Business and technical documents for the first time the envelopes for business and technical documents for initial review and detailed review, determined through business and technical review of the list of bidders. Open for the second time by business and technical review the bidder's bid Bill of quantities and the envelope, read the quotation on the spot, in accordance with the provisions of the tender documents, bid evaluation method for evaluation, recommending the successful candidate.
    The bidder does not pass the review of business and technology, the price envelopes will not be opened, immediately returned to the bidders. Highway Engineering Construction tender comments the sign shall, in General, reasonable low price method is used.
    Using loans from international financial organizations such as the World Bank, the Asian Development Bank projects and project small, low-tech project, using the lowest bid evaluation method.
    45th Bid Committee shall be determined in accordance with tender documents evaluation standards and methods, the tender documents are reviewed and compared.
    Standards and methods not provided for in the tender documents, not as a basis for evaluation. The 46th after finishing the evaluation of the bid Committee, written bid evaluation report shall be made to the tenderer.
    Bid evaluation report should be signed by all members of the bid Committee.
    Tender evaluation report shall contain the following: (a) Evaluation Committee membership list (ii) opening records; (c) evaluation criteria and methods used; (d) the evaluation of bidders; (v) compliant bidders; (vi) recommending the successful candidate and (VII) other things to note.
    47th Evaluation Committee recommended the successful candidate should be limited to one to three people, and marked the sort order. Tenderer shall, according to the bid Committee's written evaluation report to determine the first-ranked successful candidate for the winning bidder.
    First-ranked successful candidate to abandon bid, due to force majeure cannot fulfil the contract, or in the tender documents did not submit the performance bond within the prescribed period, the tenderer ranked successful candidate can be identified as the winning bidder.
    Second ranked successful candidate for reasons provided for in the preceding paragraph cannot be signed a contract, the tenderer will determine the successful candidate ranked third for the winning bidder.
    The tenderer may authorize the bid Assessment Committee to directly determine the winning bidder. 48th tenderer in tender evaluation results should be on the transportation departments of the provincial government website announcement, subject to public supervision.
    Public not later than 7th.
    49th article belongs to following situation one of of, should as waste standard processing: (a) bid file without statutory representative people or its authorized agent signed, or not stamped bid people seal; (ii) bid file handwriting scrawled, and fuzzy, cannot identified; (three) bid people on same standard paragraph submitted two copies above content different of bid file, not written statement which which a copies effective; (four) bid people in tender file not requirements selective quotes Shi, on with a standard paragraph, has two or two a above of quotes;
    (E) commitment of the proponent construction duration exceeds the tender document specified period or have reservations about key provisions of the contract; (vi) the bidder does not bid invitation documents require the submission of a bid bond, (VII) tender documents do not meet the substantive requirements of the tender documents in other circumstances.
    50th article has following case one of of, tender people should in accordance with this approach again tender: (a) less than 3 a bid people of; (ii) by assessment standard Committee review, all bid are not meet tender file requirements of; (three) due to tender people, and tender agent or bid people of violations, led to bid invalid of; (four) bid per capita not and tender people signed highway engineering construction contract of.
    Tender, tender documents, prequalification results and evaluation reports shall be in accordance with the provisions of the measures reported to the Transportation Department for the record again, can no longer record of tender documents without modification.
    51st tenderer after the winning bidder is determined, should be sent to the winning bidder the winning bidder notices, and will inform all unsuccessful bidders bidding result.
    52nd Tenderer shall from the date of the winning bidder is determined, 15th in the bid evaluation report to the 22nd article of record Office record.
    53rd tenderer and the winning bidder shall from the date of winning notification issued on 30th concluded within the highway engineering construction contract.
    Highway engineering construction contract shall, in accordance with the tender documents notice of bid documents, and the winning bidder and the bid made.
    The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract. 54th Tenderer shall enter into highway construction within 5 working days from the date of the contract, to the winning bidder and unsuccessful bidders return bid.
    Due to the reasons to give up the bid winning bidder, bidding documents agreed to give up the bid does not return of the bid, the winning bidder has no right to demand the return of the tender deposit.
    Chapter fifth supplementary provisions 55th article in violation of these regulations and acts in the tendering and bidding law, the violator shall bear corresponding legal responsibility. 56th international financial organizations or foreign government loans of the highway engineering construction tender, lender or financial provider for construction bidding and the specific conditions and procedure special provisions may apply its provisions, it must not violate the People's Republic of China public interest.
    Ministry have otherwise provided, apply its provisions.
                                                                                                            57th these measures shall come into force on August 1, 2006, on June 6, 2002 publication of the biddings of highway engineering construction, traffic regulations repealed simultaneously.