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Housing Construction In Jilin Province And Municipal Infrastructure Engineering Project Tendering And Management Approaches

Original Language Title: 吉林省房屋建筑和市政基础设施工程项目招标投标管理办法

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Chapter I General

Article 1 guarantees the quality of the project, in accordance with the Law on tendering in the People's Republic of China (hereinafter referred to as the solicitation law), the application of the tender law of the People's Republic of China (hereinafter referred to as the application of the solicitation laws), legislation, regulations and regulations relating to the application of tender law (hereinafter referred to as the application of the solicitation laws) and regulations.

Article 2

Article III of this approach refers to the construction, alteration, expansion of all types of buildings and their subsidiary facilities and links, pipelines, equipment installation works and internal and external renovation works.

The scheme referred to municipal infrastructure projects, which refer to urban roads, bridges and tunnels (consider tunnels in urban planning areas, ground tunnels, underground transport works, underground roads, tunnels), orbital traffic, public transportation, water, drainage, heat, parking, planting, greenification, lighting, sanitation, sewage treatment, garbage treatment, protection, underground public facilities and sub-facilitative facilities).

Article IV. The solicitation activities of the Housing Urban Engineering Project shall be guided by the principles of public, fair, fair and genuine credit.

Electronic tendering and e-contracting systems are encouraged for housing municipal works projects.

More people at the district level should encourage and support the use of information networks for electronic tenders.

Article 5

The authorities of the municipalities (states), counties (communes) and rural and urban construction are responsible for overseeing the management of tendering activities of the housing engineering projects in the present administration.

Article 6 shall enter tenders for tendering at tenders trading places, in accordance with the law, for housing municipal works that are required for tendering.

Chapter II

Article 7. The solicitationer shall have the terms of the solicitation provided by the State and may make its own solicitation; the solicitation shall be delegated to the solicitation agent. In accordance with the law, the solicitation shall be subject to the solicitation or approval of the solicitation, and the documentation shall be provided to the housing and rural-urban construction authorities at the district level of the project.

The following Article 8.

(i) Social public interest, public safety infrastructure, utilities projects;

(ii) The use of national funding investments or national financing projects;

(iii) The use of international organizations or foreign government loans and assistance projects.

The scope and scope of specific engineering construction projects required to be tendered by the law in accordance with the relevant provisions of the State.

The construction projects involving national security, State secret and risk-recovery should be implemented in accordance with the relevant national provisions.

Article 9. Municipal construction projects for open tendering shall be issued by the solicitation notice and the preparation of solicitation documents.

The bidder uses a prequalification method for conducting a review of the potential bidder and should issue prequalification announcements and the preparation of prequalification documents.

The preparation of solicitation documents and prequalification documents for municipal construction projects that are required to make tenders under the law should use the standard text developed by the provincial Government's housing and rural and urban construction authorities (in electronic text).

Article 10. Prequalification announcements and solicitation announcements for housing projects that are required to be openly solicited by law shall be issued in a media designated by the Ministry of Development and Reform of the Provincial People's Government, without delay narrowing the scope of the publication. The prequalification announcement or the content of the solicitation notice issued by different media should be consistent. The designation of the media to issue prequalification announcements, solicitation notices shall not be charged.

Article 11. Prequalification of the municipal construction project for open tenders shall be carried out in accordance with the criteria and methods set out in the prequalification documents.

In accordance with the law, the municipal construction project for tendering must be carried out, and the solicitor shall form the eligibility review committee to review the prequalification application documents. After the prequalification, the solicitor shall issue a letter of prequalification to the prequalification applicant. The solicitation should be reproduced through fewer than three candidates for prequalification. The applicants who are not prequalified are not eligible for tenders.

Article 12. The bidder shall, after the opening of the tender, undertake a review of the qualifications of the bidder, review the bidder by the Competitive Examination Commission in accordance with the criteria and methods set out in the solicitation documents, and the tender shall not be valid by the eligibility review.

Article 13 encourages the bidder to use the construction method for the construction of a total contract for the housing municipal works project.

Article XIV prohibits the solicitation of tenderers from restricting unreasonable conditions, excluding potential bidders or bidders.

Article 15. The solicitation works require the bidder to have multiple qualifications at the same time, and the bidder shall allow the bidder to apply the joint body. The level of corporate qualifications and project managers who use tenders above the requirements of the solicitation documents is not added in the evaluation.

Article 16, paper or electronic file generated by tendering activities, a three-phase, is archived by the solicitation, the engineering solicitation agent and the solicitation transaction room.

Article 17 encourages enterprises in the construction industry to contest quality works.

The housing municipal works project tenders are given high priority and good value.

Article 18 The bidder is represented by a legal representative or by its author and encourages the author to be appointed by the project manager.

Article 19 In the solicitation documents, the bidder shall request the bidder to submit a tender bond, which shall be submitted in accordance with the requirements. The tender bonds can be used in cash, bonds, bank cheques or cash cheques.

The tender bonds submitted in cash or cheque form must be transferred from the basic accounts of the bidder. The tender bonds were null and void for individuals other than the bid owner's basic account, the offices of the bidder, subsidiaries, subsidiaries or other accounts.

Chapter III

Article 20 shall open tenders in accordance with the time specified in the solicitation documents. The bidder shall not be subject to the opening of tenders, and the bidder shall reproduce.

The bidder contests the opening of tenders and should be made on the opening of the tender site, and the solicitor shall respond and produce a record. The bidder or the administrative oversight department are inadmissible.

Article 21, which is required by law to make public tenders for housing projects, should form a board of evaluation, and its members of the Commission should be drawn from the list of experts relevant in the pool of experts within the pool of experts. Any unit or person shall not designate or otherwise be designated as a member of the expert participating in the Review Committee in any way that is expressed or implied.

The municipal construction project, which is required to make public tenders, must not be replaced by the bidder. The statutory matters, such as personal health, need to be replaced by the preceding paragraph.

Article 2

The members of the board of the evaluation were in the interest of the bidder and should be resisted. Contents

Staff at all levels of the Government's housing and urban-rural construction authorities shall not serve as members of the Board of Trustees of the municipal construction projects overseeing the sector.

The housing engineering project, which is invested by the Government, should be subject to an integrated assessment. Other municipal construction projects for tendering are determined by the bidder in the legal, regulatory and regulatory approach, such as the Integrated Assessment Act and the evaluated minimum tender price.

In one of the following cases, the Review Committee shall reject its tenders:

(i) The solicitation documents are not signed by the statutory representative of the solicitation units or the authorized agent;

(ii) No joint bidding agreement was submitted;

(iii) The bidder is not in accordance with the qualifications established by the State or by the solicitation documents;

(iv) The same bidder submits more than two different tender documents or tenders, except that the solicitation documents require the submission of alternative tenders;

(v) The tender price is lower than the cost of quality safety or higher than the maximum tender price set by the solicitation documents;

(vi) The solicitation documents do not respond to the substantive requirements and conditions of the solicitation documents;

(vii) The record of serious misconceptions by tenderers has a serious social impact;

(viii) The bidder has a collusion of tenders, misrepresentation and bribery.

Article 25 State funds represent a controlled unit or lead-based housing projects that are required under the law to make tenders, and the bidder shall determine the rank of the first successful candidate, or shall authorize the board to identify the successful candidates for the first term. The bidder may, in accordance with the criteria set forth in the Panel's list of candidates for other sub-sixed candidates in accordance with the requirements for the solicitation documents, be dismissed by the pre-sixed candidate, the bidder may, in accordance with the criteria set out in the table submission made by the Committee, re-exploit the bidder.

Article 26 The solicitation and the bidder shall enter into a written contract in accordance with the provisions of the solicitation law and the regulations governing the application of tenders law, and the principal provisions of the contract shall be consistent with the content of the solicitation documents and the solicitation documents. The solicitation and the bidder shall not reproduce other agreements that are contrary to the substantive content of the contract.

The bidder shall, no later than 5 days after the signing of the written contract, refund the tender bonds and the bank interest in the same period.

Article 27 shall fulfil its obligations under a contract agreement to complete the medium-term project. Substantials shall not be transferred to other persons for the purpose of transfering the items in question, nor shall they be transferred to others after the release of the items.

In accordance with a contractual agreement or with the consent of the solicitation, the middlemarker may subcontract the portion of the sub-prime, non-critical work to others. A subcontractor should have the corresponding qualifications and no further subcontract.

The bidder shall be accountable to the solicitor for the subcontracting project and the subcontractor shall assume a joint responsibility for the subcontracting project.

Chapter IV Oversight management

Article 28 of the Ministry of the People's Government's Housing and Urban-urban construction authorities should establish a mechanism for the evaluation of the integrity of the solicitation agents.

The housing and urban-rural construction authorities of the above-mentioned people at the district level should exercise dynamic oversight over the solicitation agencies.

Article 29 provides relevant technical support and guidance to the provincial Government's housing and urban-rural construction authorities for the supervision of the electronic tendering system for all provincial housing projects.

The municipal construction project using electronic tenders should establish an electronic file of tenders. The content, archiving, preservation and access to electronic archives should be consistent with the relevant provisions of States and provinces.

Article 33 places of solicitation transactions at all levels should guarantee the building, operation, security and stability of the platform and the establishment of cybersecurity mechanisms, emergency pre-referral cases and systems management systems.

Article 31 prohibits the collation of tenders by tenderers.

The Government's housing and urban-rural construction authorities at the district level are determined to be true, one of the following cases is the tenderer's collusion of tenders:

(i) Substantive content of the solicitation documents, such as the tender price;

(ii) The agreement between the bidder;

(iii) A portion of the bidder's agreement to abandon tenders or tenders;

(iv) The bidder of a member of the same group, associations, chambers of commerce, in accordance with the request of the organization;

(v) Other joint actions between tenderers to identify or exclude specific bidders;

(vi) The solicitation documents of different bidders are prepared by the same unit or individual;

(vii) The different bidder entrusts the same unit or the individual with tendering;

(viii) The same person is a member of the project management set out in the bidding documents of different bidders;

(ix) Vulnerability of tendering documents by different bidders or differences in bid submissions;

(x) The confusing of tender documents by different bidders;

(xi) The tender bonds of different bidders are transferred from the same unit or individual accounts;

(xii) Other cases provided for by law, regulations.

Article 32 prohibits the collation of tenders between tenderers and tenderers.

The Government's housing and urban-rural construction authorities at the district level are determined to be true, one of the following cases is the collusion of tenders between tenderers and tenderers:

(i) The bidder opened the tender documents before the opening of the tender and disclosed the information to other bidders;

(ii) The solicitor directs or indirectly discloses information, such as the bidder;

(iii) The bidder expressly or implied that the bidder was pressured or increased the tender price;

(iv) The bidder's bidder's bidder's replacement and modification of tender documents;

(v) The bidder expressly or implied that the tender was facilitated by the tenderer's tendering;

(vi) Other collusion by tenderers and tenderers in pursuit of tenders in specific bids;

(vii) Other cases provided for by law, regulations.

Article 33 prohibits tenderers from making tenders on behalf of others or by making false tenders.

The Government's housing and urban-rural construction authorities at the district level are found to be real, one of the following cases is the tenderer's tendering on behalf of others or a false tender.

(i) The use of tenders obtained through qualifications, qualifications, etc., or leases;

(ii) The use of counterfeited and modified licences in tendering;

(iii) Provide false financial or performance;

(iv) Provision of false project heads or major technical curricula vitae, labour relations certificates;

(v) Provide false credit status;

(vi) Other misleading acts.

Article 34, when the housing and urban-rural construction authorities of more than communes carry out inspections of tendering activities for housing municipal works projects or the solicitation of tenders, are entitled to access and replicate documents and information related to the secret, commercial secrets of the State known in the course of monitoring inspections and shall be confidential by law.

Article XV Housing Towns Project, which solicited tenders, shall enter into written contracts in accordance with the solicitation documents and the tender documents of the marker within 30 days of the date of the letter of assignment.

Within seven working days after the written contract was concluded, the solicitor should submit the contract to the Government of the People's Government for housing and rural-urban construction authorities at the district level.

Article XVI Posts on construction contracts for housing projects, their size criteria, functionality, form of structure, and major basic processing are dealt with as follows:

(i) In accordance with the relevant provisions of the solicitation documents, the author and the contractor shall enter into a change agreement in accordance with the law. The licensor shall have a change agreement within seven working days from the date of the signing of a change agreement to the original engineering contract reserve.

(ii) Incompatible with the relevant provisions of the solicitation documents, the activities of the original solicitation shall be invalid and shall be reproduced.

(iii) Abductor, a contractor contested that the content of the change was in accordance with the substantive requirements of the solicitation documents and could appeal to the housing and urban-rural construction authorities of the people at the district level of the project location. Upon receipt of a complaint by the housing and rural-urban construction authorities, the relevant expert shall be organized to conduct an evaluation, in accordance with the substantive requirements of the solicitation documents, in accordance with paragraph 1 of this article, and subject to the substantive requirements of the solicitation documents, subject to paragraph 2 of this article.

Chapter V Complaints and treatment

Article 37 The housing and rural-urban construction authorities at the district level should make public complaints about the receiving sector, receive telephones and promptly receive complaints about the solicitation activities of the housing municipal works project.

Article 338 tenderers or other stakeholders consider that tendering activities for housing projects are not in accordance with legal, regulatory, regulatory and regulatory provisions, and can lodge complaints to the housing and urban-rural construction authorities of the people at the district level within 10 days of the date of knowledge or knowledge.

Article 39 The bidder or other stakeholders consider that the results of the prequalification documents, solicitation documents and prescriptive successful candidates in tendering for housing projects are incompatible with legal, legislative, regulatory and regulatory provisions and should be challenged by the solicitor by law within the statutory period and that the solicitor shall respond within three working days after the receipt of the objection. The solicitationers do not respond within the prescribed time period or the bidder and other stakeholders have contested the response, and may lodge complaints to the housing and rural and urban-rural authorities of the Government of the above-mentioned matters. During the presentation of the successful candidate, the presentation of the presentation was followed by an objection.

Article 40. The complainant is a legal person, and the complaint must be signed by its statutory representative or authorized to represent and codify; other organizations or individual complaints must be signed by the principal head of the complaint or by the complainant himself and be accompanied by an effective identification.

The relevant material of the complaint is outside, and the complainant should provide the translation.

The complainant shall not be subjected to malicious collation with the solicitor or the bidder to complain about the normal conduct of the solicitation activities of the housing municipal works project.

The complaint of the complainant should be submitted. The complaint should include the following:

(i) The name, address and contact of the complainant;

(ii) The name, address and contact of the complainant;

(iii) Basic facts on complaints matters;

(iv) Related requests and claims;

(v) Related material.

Article 42

(i) Incompatible with the conditions under which the complaint is dealt with, and inadmissibility should be informed by the author in writing of the grounds in which the complaint cannot be informed and the record of the reservation is kept;

(ii) In accordance with the law, an objection shall be made to the solicitation and shall be communicated to the petitioner before objecting to the solicitation;

(iii) Complaints not admissible in this sector, informing the complainant of complaints to other departments;

(iv) Complaints that are dealt with by this sector, which are formally admissible from the date of receipt of the complaint, but the material of the complaint needs to be supplemented and the time used for the supplementary material is not taken into account for the period of time.

Complaints formalized, the housing and urban-rural construction authorities of more than the people at the district level should take decisions in accordance with the relevant national provisions.

Chapter VI Legal responsibility

Article 43, in violation of article 10 of this approach, provides that the solicitation or engineering solicitation agencies are not appointed by the Ministry of Development and Reform of the People's Government of the province to issue prequalification announcements and solicitation announcements, or that the prequalification and solicitation announcements issued by different media are inconsistent, with the time limit for housing and urban and rural construction authorities of the same tendering project, which is being converted by more than one million dollars of fines; in exceptional circumstances, more than three million dollars could be fined.

Article 44, in violation of article 14 of this approach, provides that the solicitationers are subject to unreasonable conditions or to the exclusion of potential bidders, which are converted by orders of responsibility of the housing and rural-urban construction authorities at the district level, with a fine of up to 500,000 dollars.

Article 42, in violation of article 21 of this approach, the solicitationer does not establish, in accordance with the provisions for the establishment of a board of evaluation, a member of the Commission for the Rule of Debriefing of the Rule of Law, a change in order to be made by the Government's housing and urban-rural construction authorities at the district level, with a fine of up to 100,000 dollars, the disposition of persons directly responsible for the unit and other persons directly responsible for the conduct of the proceedings in accordance with the law, the determination or replacement of the evaluation findings of the ombudsman.

Article 46, in violation of article 31 and article 33 of this approach, provides that the tenderer is collusive or collusive with the solicitor; constitutes an offence punishable under article 53 of the solicitation law. The bidder did not mark the sum of the unit's fine, calculated in accordance with the amount specified in the solicitation project.

Article 47, in violation of article 33 of this approach, provides that the tenderer makes tenders in the name of another person or for the misappropriation of tenders, is null and void; constitutes an offence punishable by law; it does not constitute an offence and is punished in accordance with article 54 of the solicitation law. The bidder required to make tenders in accordance with the law did not appear in the bid and the amount of the unit's fine was calculated in accordance with the terms of the solicitation project contract.

Article 48

(i) To request the relevant authorities not to solicit tenders for the municipal construction projects that should be tendered by law, or to apply invitations to tenders in accordance with the law for housing municipal works projects that should be made public;

(ii) To request that the relevant departments or units should be converted into a piecemeal project for the municipal works of the house that must be tendered in accordance with the law, or to circumvent the solicitation in the name of special works such as confidential engineering, risk-recovery;

(iii) Designation of the solicitation agent for the solicitation and solicitation;

(iv) Determination or evaluation of the qualifications of tenderers for housing municipal works projects;

(v) There are other violations of the provisions to intervene in the solicitation of tenders for housing municipal works projects.

Chapter VII

Article 49 of this approach is implemented effective 1 February 2016.