The Ministry Of Transport On The Modification Of The Management Of Highway Construction Project Investment Decision Of The People Bidding Regulations

Original Language Title: 交通运输部关于修改《经营性公路建设项目投资人招标投标管理规定》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201508/20150800478765.shtml

  Ministry of transport decisions on the management of highway construction projects tender bid management rules (2007, traffic, 8th) as follows: the 19th paragraph (a) of the "registered capital of 100 million Yuan more than" delete.

Implementation of this decision from June 24, 2015.

Investors of the management of highway construction project tendering and bidding regulations making corresponding amendments in accordance with this decision and publish it again.

Business sex highway construction project investment people tender bid management provides (October 16, 2007 Ministry released according to June 24, 2015 traffic Transport Department on modified straddling business sex highway construction project investment people tender bid management provides of decided Amendment) first chapter General first article for specification business sex highway construction project investment people tender bid activities, according to People's Republic of China Highway method, and People's Republic of China tender bid method and charges Highway Management Ordinance, developed this provides.

Article in the People's Republic of China territory business investors bidding for highway construction projects, these provisions shall apply.

Highway operations referred to in these provisions refers to toll roads in compliance with the provisions of the regulations, by domestic and international economic organization construction, approved according to law to charge tolls for roads (bridges and tunnels).

Article management of highway construction project investment tender and bid activities shall conform to open, the principle of fairness, impartiality, integrity,.

No unit or individual may illegally interfering in bidding activity. Fourth transportation departments of the State Council responsible for national management of investors bidding of highway construction project supervision and management.

Main duties is: (a) according to about legal, and administrative regulations, developed related regulations and system, specification and guide national business sex highway construction project investment people tender bid activities; (ii) supervision national business sex highway construction project investment people tender bid activities, law accepted reported and complaints, investigation tender bid activities in the of violations; (three) on national business sex highway construction project investment people for dynamic management, regularly announced investors credit situation. Article fifth within the transportation departments of provincial-level people's Government responsible for the administration of business investors bidding of highway construction project supervision and management.

Main functions are: (a) implement the relevant laws, administrative regulations and rules, combined with the actual situation within their respective administrative areas, develop specific management system, (ii) determine the transportation departments of people's Governments at lower levels of business investment for highway construction projects tender and bid activities of supervisory and management functions, (iii) publish investor operating within the administrative area of the highway construction projects tender information;

(D) is responsible for organizing the national expressway network plan and provincial governments determine the focus of the management of highway construction project tendering for investors; (v) Guide and supervise the investor operating within the administrative area of highway construction project tendering and bidding activities, receive reports and complaints in accordance with law, investigate and deal with violations of the bidding activity.

Sixth article provincial following Government traffic competent sector of main duties is: (a) implementation about legal, and administrative regulations, and regulations and related system; (ii) is responsible for organization this administrative within except fifth article subsection (four) items provides yiwai of business sex highway construction project investment people tender work; (three) according to provincial government traffic competent sector of provides, on this administrative within of business sex highway construction project investment people tender bid activities for supervision management.

Seventh chapter bidding needs of investors bidding management of highway construction projects shall comply with the following conditions: (a) development planning of countries and provinces, autonomous regions and municipalities directly under the highway; (b) toll roads in compliance with the regulations on the administration of article 18th technical grading and size, (iii) have been prepared project feasibility study report.

Eighth a tenderer is proposed in accordance with the management of highway construction projects, organization of investors bidding the Transportation Department.

The tenderer may arrange the tendering or appoint a qualified bidding agency agent about the tender.

Nineth investors engaged in highway construction projects tender should be by open tender. Article tenth of investors bidding for highway construction projects for qualification review system.

Eligibility to take pre-qualification or post-qualification.

Prequalification is tender means that a tenderer, in the former potential bidder qualification.

Post-qualification, refers to the tenderer after the bid opening to qualify the bidders.

Implementation of prequalification, generally no longer carried out post-qualification, except as otherwise provided in the tender documents.

Section 11th review of basic content must include the bidder's financial situation, registered capital, net assets, investment and financing ability, preliminary financing plan, experience and business reputation, and so on. 12th article business sex highway construction project tender work should according to following program for: (a) released tender announcement; (ii) potential bid people proposed investment intention; (three) tender people to proposed investment intention of potential bid people promotion investment project; (four) potential bid people proposed investment application; (five) tender people to proposed investment application of potential bid people detailed introduced project situation, can organization potential bid people reconnaissance project site and answers about problem; (six) implemented qualification pre of,

By tender people to proposed investment application of potential bid people sale qualification pre file; implemented qualification Hou trial of, by tender people to proposed investment application of bid people sale tender file; (seven) implemented qualification pre of, potential bid people prepared qualification pre application file, and submitted tender people; tender people should on submitted qualification pre application file of potential bid people for qualification review, and to qualification pre qualified of potential bid people sale tender file; (eight) bid people prepared bid file, and submitted tender people;

(Nine) tender people organization opening, formed assessment standard Committee; (10) implemented qualification Hou trial of, assessment standard Committee should in opening Hou first on bid people for qualification review; (11) assessment standard Committee for assessment standard, recommended bid candidates; (12) tender people determine bid people, and issued bid notice; (13) tender people and bid people signed investment agreement.

13th a tenderer shall be designated by the State of the national newspapers, information networks and other media published a tender notice.

By using the international tender, tender notice is published through the international media.

14th a tenderer shall be referred to the State Department in charge of Transportation Department of business investment for highway construction projects tender prequalification document model preparing prequalification documents, and project characteristics and needs to determine eligibility criteria. Tenderer prequalification Commission should be created to submit prequalification documents eligibility of the potential bidders.

Committee is composed of representatives of the tenderer for the pre-qualification and highways, experts in the area of accounting, finance, membership for more than seven people in the singular.

15th a tenderer shall be referred to state transportation departments to develop commercial highway construction projects tender document model for investors, preparation of tender documents and the characteristics and needs of the project. Tender preparation of tender documents, project payback should be fully taken into account and the uncertainty of expected returns, a reasonable allocation of project risks, and concessions, maximum charging period, the relevant policies in their description.

Feasibility study report prepared by the Tenderer shall be used as an integral part of the tender documents.

16th Tenderer shall reasonably determine prequalification documents and the tender documents preparation time.

Preparation of prequalification documents of the time, since the beginning of the prequalification documents from the date of sale to potential bidders to submit a prequalification application due date shall not be less than 30 days.

The time of the preparation of the tender documents, tender documents from the date of sale to the bidder submitting the tender closing date, shall be not less than 45 days. 17th National Highway network planning and required investments approved by the competent departments of the State Council of business investors bidding for highway construction projects, should be in accordance with tendering procedures, tender documents, prequalification results, transportation departments of the bid evaluation report submitted to the State Council for the record.

Transportation departments under the State Council shall, within seven working days upon receipt of the filing, for failure to comply with the laws and regulations of the content put forward opinions, exercising oversight responsibilities in a timely manner.

Other business investors bidding for highway construction projects for the record in accordance with the relevant provisions of the transportation departments of people's Governments at the provincial level.

18th Chapter bidding a bidder is responsive and participates in bid competition in domestic and foreign economic organizations.

Pre-qualification bids, after potential bidders pre-qualified before they can participate in the bidding.

19th article bid people should has following basic conditions: (a) total assets 600 million Yuan Yuan above, net worth 250 million Yuan Yuan above; (ii) recently continuous three years annual are for profit, and annual financial report should by has statutory qualification of intermediary institutions audit; (three) has not below project estimates of voted financing capacity, which net worth not below project estimates investment of 35%; (four) commercial reputation good, no major violations.

Tender according to the project situation, increased requirements for bidders. 20th more domestic and foreign economic organizations may form a consortium to jointly submit a bidder.

Each party to the consortium shall comply with the bidding on the bidder's qualification standard. To participate in a consortium bidding, of the joint bidding agreement shall be submitted to the Consortium. Joint bidding agreement shall be expressly agreed upon Consortium funded ratio, relationships, work to be undertaken and responsibilities.

The Consortium bid, each party to the consortium shall jointly sign the investment agreement with the tenderer, and joint and several liability to the tenderer.

Consortium the holding of Union organizers.

21st a bidder should be in accordance with the requirements of the tender documents preparation tender documents, tender documents shall respond to the substantive requirements and conditions of the tender documents. 22nd article solicitation documents expressly for submission of bid security, the bidder should be in accordance with the requirements of the tender documents limit, term and form to submit a bid security.

Bidder does not submit bid security in accordance with the requirements of the tender documents, submitted its bid file for annulment.

Tender guarantee of project investment by line 3 per thousand, but shall not exceed a maximum of 5 million Yuan.
23rd the bidders to participate in the bidding, not fraud, bid-rigging and other bidders shall not take commercial bribery and other illegal means to make a bid, without prejudice to other bidders.

The fourth chapter bid opening and evaluation article 24th bids shall be opened the deadline for submission of bid documents identified in the tender documents at the same time open to the public. Opening hosted by the tenderer, and all bidders shall be invited representatives.

Tender opening process should be documented and archived for future reference. 25th bid established according to law by the tenderer's bid Committee. Bid evaluation Committee is composed of representatives of the tenderer and highways, experts in the area of accounting, finance, membership for more than seven people in the singular.

The tenderer, the number of representatives shall not exceed the total bid evaluation Committee of one-third.

With bidders interested and others may affect the impartiality of evaluation personnel may not enter the relevant items of the bid evaluation Committee, have been entered should be replaced.

List of members of the bid Assessment Committee shall be kept confidential before the bidding result determined.

26th the bid Committee directly or bidders in writing requested by the tenderer in the tender documents and in the ambiguous, for similar problems inconsistency or obvious error in words to make the necessary clarifications or explanations, clarifications or instructions shall not exceed or change the scope of the tender documents or change the substantive content of the bidding documents.

27th management of highway construction project bidding evaluation methods should be applied to investment evaluation method or the method of minimum charging period.

Comprehensive assessment method is used, should be set out in the tender documents on the pay period, financing, funding programmes, financing of programmes, projects, project construction operations, transfer of programme evaluation scoring weights, recommending the successful candidate based on composite scores from high to low.

Using minimum charging period methods, should be on the premise of substantive response to the tender documents of the bidder and recommended charging a minimum period of review of the bidders in the successful candidate, but the charges have term shall not violate the provisions of the relevant regulations of the State.

28th the bid Committee upon completion of the bid should be writing to the tender evaluation report, recommended one to three successful candidates and marked in ranked order.

Evaluation reports need to be signed by all members of the bid Assessment Committee. The fifth chapter the bid with the signing of the agreement article 29th Tenderer shall determine the successful candidate ranked first as the winning bidder.

The tenderer may also authorize the bid Assessment Committee to directly determine the winning bidder.

First-ranked successful candidate in any of the following circumstances, the tenderer ranked successful candidate can be identified as the winning bidder: (a) waiver of bid and (ii) proposed to perform a contract due to force majeure, (iii) not in accordance with the bid invitation documents require the submission of performance bonds and (iv) by the relevant departments to investigate and punish violations and violations affecting the bidding result.

If second-ranked successful candidate one of the above, the tenderer will determine the successful candidate ranked third for the winning bidder.

The three winning candidates are listed in the second paragraph of this article, the Tenderer shall, invite tenders again.

The Tenderer shall not be in addition to the successful candidate evaluation Committee recommended to determine the winning bidder. 30th bidder that has submitted bids less than three or due to any other reason failed to tender, the Tenderer shall, invite tenders again.

Before bidding again should be based on the previous bids, bidding documents make proper adjustments.

31st tenderer after the winning bidder is determined, should be issued within 15 working days the winning bidder the winning bidder notice, and inform all unsuccessful bidders. Article 32nd bid invitation documents require the winning bidder to provide the performance security, the winning bidder should be provided.

Amount of capital contribution for the project 10%. Performance bond should have been the winning bidder within 30th of project investment agreement be returned.

Other form of performance guarantees, should be in the 30th after the winning bidder project investment agreement revoked. 33rd tenderer and the winning bidder shall bid within 30 working days from the date the notice is issued in accordance with the tendering documents and winning bidder file a written investment agreements.

Investment agreement should include the following: (a) the rights and obligations of the tenderer and the winning bidder, (ii) performance security requirements, (iii) liability for breach of and (iv) exemption (v) settlement of disputes, (vi) other matters stipulated by both sides thought it would be.

The Tenderer shall sign the investment agreement with the winning bidder within five working days after returning to all bidders bid security.

34th a winning bidder shall within 90 days after the signing of the investment agreement to the Administrative Department for industry and commerce project registration of legal persons, legal persons established to complete the project. 35th tenderer and project legal person shall sign the project after the completion of the project approval process of the concession agreement. Concession agreement shall be referred to the Transportation Department of the State Council to develop model franchise agreement text combined with the characteristics of the project and the need to develop.

Chartered right agreement should including following content: (a) Chartered right of content and the term; (ii) both of right and the obligations; (three) project construction requirements; (four) project operation management requirements; (five) about guarantees requirements; (six) Chartered interests transfer requirements; (seven) default responsibility; (eight) agreement of terminated; (nine) dispute of solution; (10) both think should provides of other matters.

Sixth chapter supplementary articles article 36th of bid activity violations shall be punished in accordance with relevant laws and regulations of the State.

37th tenderer in violation of the rules, does not restrict or preclude potential bidders on reasonable terms, of discrimination against potential tenderers from parent Transportation Department ordered corrective action.

38th article of the regulations come into force on January 1, 2008.