First chapter General first article for specification housing building and municipal based facilities engineering project tender bid activities, protection national interests, and public interests and party lawful rights and interests of, guarantee project quality, according to People's Republic of China tender bid method (following referred to tender bid method), and People's Republic of China tender bid method implementation Ordinance (following referred to tender bid method implementation Ordinance), about legal, and regulations, combined this province actual, developed this approach.
Article within the administrative area of the province's housing construction projects and urban infrastructure projects (hereinafter referred to as houses of municipal engineering projects) the bidding and tendering activities, these measures shall apply.
Article III housing construction projects in these measures refers to new construction, renovation or expansion of various types of housing and their subsidiary facilities and its matching line, piping, equipment installation and the Interior and exterior decoration.
This approach by said municipal based facilities project, is refers to City Road, and bridge and tunnel (containing city planning district within of wear mountain had River tunnel, and Metro tunnel, and underground traffic engineering, and underground had Street channel), and track traffic, and public traffic, and water, and drainage, and gas, and thermal, and garden, and green, and lighting, and sanitation, and sewage processing, and garbage processing, and flood control, and underground public facilities and the subsidiary facilities of civil, and pipeline, and equipment installation engineering.
Fourth housing municipal engineering project tendering and bidding activities should follow the openness, fairness, impartiality and good faith.
Encourage housing project to implement electronic bidding and contract filing system.
The people's Governments above the county level shall encourage and support the use of information networks for electronic bidding.
Fifth provincial housing and urban-rural construction departments in charge of housing in the province supervision and administration of municipal engineering project tendering and bidding activities.
City (State), County (City) Government housing and housing in the urban construction departments are responsible for the administrative supervision and management of municipal engineering project tendering and bidding activities.
Sixth House project subject to tender according to law, shall enter the tendering and trading places for a tender bid. Chapter II tendering and bidding seventh tenderer has the tender conditions as stipulated by the State, free to tender does not have the tender conditions as stipulated by the State shall authorize a procuratorial agency tenders.
Project subject to tender according to law, tender people tender bidding or delegate, to the local people's Governments above the county level should be housing and urban-rural development department to provide documents related to the record.
Article eighth the following housing project investigation, design, construction, supervision, and the procurement of equipment, materials and other associated, tenders must be: (a) the relationship between social public interests, public safety, infrastructure and utility projects, (ii) using State funds or State financing of investment projects and (iii) using international organizations or foreign government loans or aid projects.
Listed in the preceding paragraph, specific construction projects subject to tender according to law the scope and scale standards in accordance with the relevant provisions of the State.
Relating to State security and State secrets, emergency rescue and disaster relief projects, shall, in accordance with the relevant provisions of the State.
Nineth public housing project of the tender, the Tenderer shall issue a tender announcement, the preparation of tender documents.
Tenderer prequalification scheme for qualification review of potential bidders, shall issue a pre-qualification announcement, preparation of prequalification documents.
Preparation of housing project subject to tender according to law of the tender documents and the prequalification documents, provincial departments of housing and urban-rural construction should be used for standard texts (including electronic copies). Tenth law must public housing eligibility for municipal engineering projects of the tender notice and tender notices, shall be specified by the provincial development and reform Department media releases, without narrowing the scope of release. Published in different media the same tender prequalification notices or tender notice ought to be consistent.
Specifies media prequalification notices, tenders shall not be charged.
11th open tender pre-qualification of the housing project, should be stated in the prequalification documents standards and methods. Housing project subject to tender according to law, the Tenderer shall form a Eligibility Committee reviews applications for prequalification documents. After the end of the prequalification, the Tenderer shall promptly give notice of prequalification results to pre-qualified applicant. Pre-qualified applicants less than 3 should be re-tendered.
Not pre-qualified applicants who do not have status.
12th post-qualification approach tenderer for the qualification of bidders should bid after the bid opening Committee in accordance with the provisions of the tender documents standards and methodology review of bidders, eligibility does not meet the requirements of the tender documents, tender was invalid.
13th the Tenderer shall be encouraged to house the municipal project construction contract.
14th prohibits the tenderer with unreasonable conditions, exclusion of potential bidders or bidders. 15th bidding project bidders are required to meet a number of qualifications, tender bidders should be allowed use of the Consortium bid.
For bidders to use higher than the bid invitation documents require the level of qualification and project manager shall not be extra points in the evaluation.
16th tendering and bidding activities paper or electronic files, a set of three sets, by the tenderer, construction bidding Agency and tendering Exchange archive, respectively.
17th striving for high quality engineering construction enterprises shall be encouraged.
Municipal engineering project tendering and implementation of housing quality priority, quality and competitive price.
18th bidder represented by its legal representative or its authorized clients, and encourage authorized trustee chaired by the project leader. 19th a tenderer in the tender document required bidders to submit bid, the bidder must be submitted in accordance with the requirements.
Tender bond you can use cash, bond, certified check, bank draft or cashier's check. In cash or in cheque bid deposit must be submitted by the bidder's account.
To bidders, bidders outside of the basic account of offices, branches, subsidiaries or other account of a bid bond in the name is not valid. Chapter III bid opening, evaluation and winning the 20th a tenderer shall be in accordance with the provisions of the tender documents time and place bids.
Bidders may not bid of less than 3, the tenderer should be re-tendered. Disagrees with the bidder to bid, should be submitted in the opening scene, the tenderer should respond on the spot and making records.
Bid challenges non-tender, tender or administrative supervision departments are inadmissible. 21st according to law must be an open tender housing project, should form the bid evaluation Committee, the members of the Evaluation Committee of experts should be comprehensive evaluation experts from related fields within a library randomly from a list of experts.
No unit or individual shall not express or imply that any way specified or disguised experts designated to participate in the bid evaluation Committee members. Legally required public housing project of the tender, the tenderer may not replace the legally determined members of the bid Committee.
Such statutory basis needs to be replaced due to personal health, in accordance with the provisions of the preceding paragraph.
22nd provincial housing and urban-rural construction departments shall, in accordance with relevant regulations of the State, establishing housing project bidding evaluation experts and Exchange interconnection with comprehensive evaluation experts, and share information. Members of the bid Committee and bidders interested, should be actively avoided.
\ Governments housing and urban-rural development Department staff members may not serve as the Department responsible for the supervision of housing project evaluation Committee members. 23rd housing municipal government investment construction project bid evaluation method should be used.
Other tenders for housing project, by the tenderer in the comprehensive assessment method and minimum bid price review law and other laws and regulations of evaluation methods to determine.
24th article has following case one of of, assessment standard Committee should rejected its bid: (a) bid file without bid units sealed and units statutory representative people or its authorized agent signed; (ii) bid Consortium no submitted common bid agreement; (three) bid people not meet national or tender file provides of qualification conditions; (four) same bid people submitted two a above different of bid file or bid quotes, but tender file requirements submitted alternative bid of except;
(E) bid lower than the quality and safety of cost price or above the highest bidding price of bidding document set (vi) bid documents do not have to respond to the substantive requirements of the tender documents and conditions; (g) the serious bidders are recorded to have caused severe social impact of credit; (h) the bidder has bid-rigging, fraud, bribery and other illegal activities. 25th State-owned funds controlled or dominated by housing project subject to tender according to law, a tenderer shall determine the successful candidate ranked first for the winning bidder, may also authorize the bid Assessment Committee to determine the first-ranked successful candidate for 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. 26th a tenderer and the winning bidder should be in accordance with the bidding law and bidding regulations for the implementation of the provisions of written contracts, the subject of the contract, price, quality, time of performance, the main article should and and the winning bidder the tender documents is consistent.
The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract.
The Tenderer shall, after signing the contract in writing at the latest within the 5th to the winning bidder and unsuccessful bidders refund security deposit and interest on bank deposits. 27th a winning bidder shall perform obligations in accordance with the contract and complete the winning project.
Winning bidder may not transfer the winning project to another person, nor may the winning project dismembered after the transfer to others. Winning bidder in accordance with the contract or consent of the tenderer, can be part of the winning project non-subject, the critical work subcontracted to others.
Accepting the subcontracts shall have corresponding qualifications and may not again.
Winning bidder subcontracting should be accountable to the tenderer, accepting the subcontracts subcontracting bear joint and several liability.
Supervision and administration of the fourth chapter 28th provincial housing and urban-rural construction departments shall establish a procuratorial agency credit evaluation mechanism.
The people's Government above the county level housing and urban-rural development Department of the bidding agencies implementing dynamic supervision and management.
29th provincial housing and urban-rural construction departments in charge of the province's housing project supervision and management of the electronic tendering system, provide technical support and guidance. Electronic tendering for housing urban project bidding should be established by electronic means.
Electronic archive, archiving, preservation and access shall conform to the relevant provisions of national and provincial.
30th tender exchanges at all levels shall protect platform construction, operation, security, and stability, and is responsible for the establishment of emergency response plan for network security mechanism, and the system management system.
31st prohibits the bidders bid-rigging.
By County above government housing and urban and rural construction competent sector finds true, has following case one of of, belongs to bid people mutual collusion bid: (a) bid people Zhijian consultations bid quotes, bid file of substantive content of; (ii) bid people Zhijian agreed bid people of; (three) bid people Zhijian agreed part bid people gave up bid or bid of; (four) belongs to same group, and Association, and Chamber of Commerce, organization members of bid people according to the Organization requirements bid of;
(Five) bid people Zhijian for seek bid or exclusion specific bid people and take of other joint action of; (six) different bid people of bid file by same units or personal prepared of; (seven) different bid people delegate same units or personal handle bid matters of; (eight) different bid people of bid file contains ming of project management members for same people of; (nine) different bid people of bid file exception consistent or bid quotes is regularity differences of; (ten) different bid people of bid file mutual mixed loaded of;
(11) the different bidders bidding deposit from the same unit or individual account of the (12) other circumstances as stipulated by laws and regulations.
32nd prohibits the tenderer and the bidders bid-rigging.
By County above government housing and urban and rural construction competent sector finds true, has following case one of of, belongs to tender people and bid people collusion bid: (a) tender people in opening Qian opened bid file and will about information leaked to other bid people of; (ii) tender people directly or indirect to bid people leaked bid, and assessment standard Committee members, information of; (three) tender people express or hinted bid people down or raised bid quotes of; (four) tender people inspired bid people replaced, and modified bid file of;
(E) the tenderer expressly or implicitly bidders in particular facilitate the bidder the winning bidder, and (vi) the tenderer with bidders to seek a specific bidder the winning bidder and other collusive behaviour, and (VII) other circumstances as stipulated by laws and regulations.
33rd prohibits a bidder to bid in the name of another person or fake bids. By County above government housing and urban and rural construction competent sector finds true, has following case one of of, belongs to bid people to others name bid or fraud bid: (a) using through by let or loan, way gets of qualification, and qualification certificate bid of; (ii) bid Shi using forged, and variable made of license documents of; (three) provides false of financial status or performance of; (four) provides false of project head or main technology resume, and labor relationship proved of; (five) provides false of credit status of
(Vi) other acts of fraud.
34th people's Governments above the county level housing and urban-rural development department to house the municipal engineering project tendering and bidding activities implementation of the inspection or when investigating illegal tendering, relating to the right to access and copy files, information, State secrets obtained in the course of supervision and inspection, trade secrets, and it shall be kept confidential.
35th bidding housing project, the tenderer and the winning bidder shall bid within 30 days from the date the notice is issued, in accordance with the tender document tender documents and the winning bidder to conclude a written contract.
Enter into a written contract within 7 working days after, the Tenderer shall send the contract local people's Governments above the county level housing and urban-rural construction departments. After the 36th housing municipal project construction contract, its size standards, functions, structure, basic treatment and other changes, according to the following provisions: (a) comply with relevant provisions of the tender documents, the employer, the contractor shall, signed modification agreement.
Employer shall sign a modification agreement within 7 working days from the date of modification agreement to the original contract for the record the record holder.
(B) to comply with the relevant provisions of the tender documents, the original tender and bid activities an invalid should be re-tendered. (C) the employer, contractor to change controversial content meets the substantive requirements of the tender documents, to the local people's Governments above the county level departments of housing and urban-rural construction complaints.
Department of housing and urban-rural construction after receiving the complaint, shall organize relevant experts for review, review changes meet the substantive requirements of the tender documents, according to the provisions of this article; review the changes do not meet the substantive requirements of the tender documents, according to the provisions of this article.
The fifth chapter, 37th people's Governments above the county level and handling complaints Housing and urban-rural construction departments shall open complaints department, receiving calls, receive municipal engineering project tendering and bidding activities for housing complaints.
38th a bidder or any other interested person that the municipal engineering project tendering and bidding activities of housing does not meet the laws, rules and regulations, he may know or should have known that within 10th of the people's Governments above the county level housing and urban-rural development department complaint. 39th bidder or any other interested person that the municipal engineering project tendering and bidding activities of housing in the prequalification documents, tender documents and publicity of the results of the successful candidate does not meet the laws, rules and regulations, it shall be contested within the statutory time limit, to the tenderer, the Tenderer shall respond within 3 working days after receiving the objections. Tenderer is not answered within a specified time or bidders, other interested parties to answer objections, on matters related to the people's Government above the county level housing and urban-rural development department complaint.
In challenging the successful candidate during the public and publicity continue calculations since the objections answered.
40th is a legal person of the complainant, the complaint must be signed and sealed by their legal representative or authorized person; other organizations or individual complaint, the complaint must be signed by their principal heads or the complainant, and attach a copy of valid identification.
Complaint related material is in a foreign language, the complainant should provide its Chinese version.
The complainant may not be with the tenderer or bidder collusion, to complaints to hinder housing municipal engineering project tendering and bidding activities normally. 41st complaint complaints shall submit the complaint.
The complaint should include the following: (a) the complainant's name, address and contact information; (b) the complainant's name, address and contact information; (c) for the basic facts of the matter and (iv) related requests and claims, (v) related proof materials. 42nd article County above government housing and urban and rural construction competent sector received complaints book, should in 5th within for review, depending on situation respectively made following processing decided: (a) not meet complaints processing conditions of, decided not accepted, should will not accepted of reason written told complaints people, special situation cannot told of, retained records archive; (ii) law provides should first to tender people proposed objections of, told complaints people first to tender people proposed objections; (three) not belongs to this sector accepted of complaints,
To inform the complainant of other complaints with the Department and (iv) belongs to the Department's complaint, the date of receipt of the complaint for formal acceptance, although materials needed, supplementary materials are not included in the time that is spent processing within the time limit.
For formal complaints admitted, the people's Government above the county level housing and urban-rural construction departments should make a decision in accordance with the relevant provisions. Sixth chapter legal responsibility 43rd article violation this approach tenth article provides, tender people or engineering tender agent institutions not in Province Government development and reform sector specified of media released qualification pre announcement and tender announcement of, or in different media released of same tender project of qualification pre announcement and tender announcement content not consistent of, by County above government housing and urban and rural construction competent sector ordered deadline corrected; late not corrected of, can at 10,000 yuan above 20,000 yuan following fine; plot serious of,
Can be fined a maximum of between 50,000 yuan and 30,000 yuan.
44th article violates this way 14th section, the tenderer to unreasonable conditions restrict or preclude potential bidders, by the Department of housing and urban-rural construction of the people's Governments above the county level shall be ordered to correct, may be more than 10,000 yuan to 50,000 yuan fine.
45th article violation this approach 21st article provides, tender people not according to provides formed assessment standard Committee, and illegal replaced assessment standard Committee members of, by County above government housing and urban and rural construction competent sector ordered corrected, can at 100,000 yuan following fine, on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; illegal determine or replaced of assessment standard Committee members made of review conclusion invalid, law again for review. 46th article violates these measures set forth in the 31st, 32nd, the bidders bid-rigging or collusion with the tenderer, invalid bid constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the penalty shall be imposed in accordance with the 53rd of the tendering and bidding law.
Bidder does not bid, of unit fines in accordance with the tender project contract amount is calculated according to the proportion of tender and bid law. 47th disobey the 33rd article bidder to bid in the name of another person or being insincere bids, the bid invalid constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the penalty shall be imposed in accordance with the 54th of the tendering and bidding law.
Project subject to tender according to law the bidder did not bid, of unit fines in accordance with the tender project contract amount is calculated according to the proportion of tender and bid law. 48th article County above government housing and urban and rural construction competent sector staff, violation provides intervention housing municipal engineering project tender bid activities, for himself or others seek self-interest of, has following case one of of, law give demerit or remember than disposition; plot serious of, law give downgraded or dismissed disposition; plot special serious of, law give fired disposition; constitute crime of, law held criminal: (a) requirements about sector on law should tender of housing municipal project not tender,
Or law should public tender of housing municipal project implemented invited tender of; (ii) requirements about sector or units will law must for tender of housing municipal project break, or guise confidential engineering, and rescue relief, special engineering of name avoid tender of; (three) for tender people specified tender agent institutions and handle tender matters of; (four) effect housing municipal project bid people qualification of determine or assessment standard, and bid results of;
(E) other violations of regulations intervene housing municipal engineering project tendering and bidding practices. The seventh chapter supplementary articles the 49th these measures shall come into force from February 1, 2016.