Article 2 These Measures shall apply to the tendering and bidding activities of engineering construction within the territory of People's Republic of China (PRC).
Article 3 If a construction project meets the scope and standards stipulated in the Standard Provisions on the Scope and Scale of Bidding for Construction Projects (Order No.3 of the State Planning Commission), the construction unit must be selected through bidding.
No unit or individual may break up projects that must be subject to bidding according to law or evade bidding in any other way.
Article 4 The tendering and bidding activities for engineering construction shall follow the principles of openness, fairness, impartiality and good faith.
Article 5 A tenderer shall be responsible for the bidding activities of project construction according to law. No unit or individual may illegally interfere in the bidding activities of engineering construction in any way.
Construction bidding activities are not restricted by regions or departments.
Article 6 Development and reform, industry and informatization, housing and urban and rural construction, transportation, railways, water conservancy, commerce at all levels and civil aviation shall supervise the bidding activities of engineering construction in accordance with the Notice of the General Office of the State Council on Printing and Distributing the Opinions on the Division of Duties of Relevant Departments in the State Council on Administrative Supervision of Bidding Activities (Guo Ban Fa [2000] No.34) and the division of responsibilities stipulated by various localities, and investigate and deal with illegal acts in the bidding activities of engineering construction according to law.
Tender editing and broadcasting
Article 7 A tenderee for a project construction is a legal person or other organization that proposes a project subject to tender for a project construction according to law.
Eighth construction projects that must be tendered according to law shall meet the following conditions before bidding:
(a) the tenderer has been established according to law;
(two) the preliminary design and budgetary estimate shall go through the examination and approval procedures and have been approved;
(3) There are corresponding funds or sources of funds that have been implemented;
(four) there are design drawings and technical data required for bidding.
Article 9 Bidding for engineering construction is divided into open bidding and invitation bidding.
Tenth in accordance with the relevant provisions of the state, it is necessary to perform the project examination and approval procedures, and the bidding scope, bidding method and bidding organization form of the project that must be subject to construction bidding according to law shall be reported to the project examination and approval department for examination and approval. The project examination and approval department shall promptly notify the relevant administrative supervision departments of the contents of the tender determined by the examination and approval.
Eleventh according to the law must be open tender project, one of the following circumstances, you can invite tenders:
(a) the project technology is complex or has special requirements, or limited by the natural geographical environment, and only a few potential bidders can choose;
(two) involving national security, state secrets or disaster relief, suitable for public bidding;
(3) The cost of public bidding accounts for a large proportion of the project contract amount.
The project specified in Article 10 of these Measures shall be determined by the project examination and approval department when examining and approving the project under any of the circumstances listed in Item (2) of the preceding paragraph; Other projects shall be determined by the tenderer applying to the relevant administrative supervision departments.
Invitation to bid for all construction projects that use state-owned capital investment or state-owned capital investment and need to be approved shall be approved by the project examination and approval department, but if the project examination and approval department only approves projects, it shall be approved by the relevant administrative supervision department.
Twelfth construction projects that must be subject to construction bidding according to law may not be subject to construction bidding under any of the following circumstances:
(a) involving national security, state secrets, emergency rescue and disaster relief, or the use of migrant workers because of special circumstances such as the use of poverty alleviation funds to implement work-for-relief, which is not suitable for bidding;
(two) the main construction technology adopts irreplaceable patents or proprietary technologies;
(3) Investors in franchise projects selected through bidding can build their own projects according to law;
(4) Buyers can build their own houses according to law;
(five) the original winning bidder still has the ability to contract the additional minor projects or main storey-adding projects in the construction process, and others bear the requirements that will affect the construction or functional support;
(six) other circumstances stipulated by the state.
Article 13 Where public bidding is adopted, the tenderer shall issue a tender announcement and invite unspecified legal persons or other organizations to bid. The tender announcement of a project that must be subject to construction tender according to law shall be published in newspapers and information networks designated by the state.
In the case of inviting tenders, the tenderee shall issue invitations to bid to three or more specific legal persons or other organizations that have the ability to undertake construction bidding projects and have good credit standing.
Article 14 A tender announcement or invitation to bid shall at least include the following contents:
(a) the name and address of the bidder;
(two) the content, scale and source of funds of the project subject to tender;
(three) the place and time limit for the implementation of the project subject to tender;
(four) the place and time to obtain the tender documents or pre-qualification documents;
(5) Fees for bidding documents or prequalification documents;
(6) Requirements for the qualification grade of bidders.
Article 15 A tenderer shall sell the tender documents or pre-qualification documents at the time and place specified in the tender announcement or invitation to bid. The minimum time shall not be less than five days from the date when the tender documents or pre-qualification documents are sold to the date when the sale is stopped. [3]?
A tenderer may publish the tender documents through the information network or other media, and the tender documents published through the information network or other media have the same legal effect as the written tender documents. In case of any inconsistency, the written tender documents shall prevail, unless otherwise stipulated by the state.
Fees for bidding documents or pre-qualification documents are limited to compensation for printing and mailing costs, and shall not be for profit. For the random design documents, the tenderer may collect the deposit from the bidder as appropriate; If the bidder returns the design documents after the bid opening, the tenderer shall return the deposit to the bidder.
Once the bidding documents or prequalification documents are sold, they will not be returned. Except for force majeure, the tenderee shall not terminate the tender after issuing the tender announcement, invitation to bid or selling the tender documents or prequalification documents.
Article 16 A tenderer may, according to the characteristics and needs of a project subject to tender, require potential bidders or bidders to provide documents that meet their qualification requirements, and conduct qualification examination on potential bidders or bidders; If the state has provisions on the qualifications of potential bidders or bidders, such provisions shall prevail.
Seventeenth qualification examination is divided into pre-qualification and post-qualification.
Pre-qualification refers to the qualification examination of potential bidders before bidding.
Post-qualification examination refers to the qualification examination of bidders after bid opening.
Pre-qualification, generally no longer post-qualification, except as otherwise stipulated in the tender documents.
Article 18 Where prequalification is adopted, the tenderer shall issue a prequalification announcement. The pre-qualification announcement shall be governed by the provisions of Articles 13 and 14 of these Measures on tender announcement.
If prequalification is adopted, the tenderer shall specify the conditions, standards and methods of prequalification in the prequalification documents; If post-qualification examination is adopted, the tenderee shall specify the conditions, standards and methods for bidders' qualifications in the tender documents.
A tenderer may not change the prescribed qualifications or conduct qualification examination on potential bidders or bidders without prescribed qualifications.
Article 19 After the prequalification, the tenderer shall issue a prequalification announcement to the potential bidders who have passed the prequalification, informing them of the time, place and method of obtaining the bidding documents, and at the same time informing the potential bidders who have failed the prequalification of the prequalification results. Potential bidders who fail to pass the prequalification shall not participate in the bidding. Bidders who fail to pass the post-qualification examination will be rejected.
Twentieth qualification examination should mainly examine whether potential bidders or bidders meet the following conditions:
(a) have the right to enter into contracts independently;
(2) Having the ability to perform the contract, including professional and technical qualifications and abilities, funds, equipment and other material facilities, management ability, experience, reputation and corresponding employees;
(3) Not in a state of being ordered to suspend business, disqualified from bidding, taken over, frozen or bankrupt;
(4) There is no fraudulent bidding, serious breach of contract and major engineering quality problems in the last three years;
(5) Other qualifications prescribed by the state.
In the process of qualification examination, the tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions, and shall not discriminate against potential bidders or bidders. No unit or individual may restrict the number of bidders by administrative means or other unreasonable means.
Article 21 A tenderer who meets the requirements for self-tendering as prescribed by law may handle the tender matters on his own. No unit or individual may force it to entrust a bidding agency to handle bidding matters.
Twenty-second bidding agencies shall undertake bidding matters within the scope entrusted by the tenderer. A procuratorial agency may undertake the following tender matters within the scope of its qualification grade:
(a) to draw up the bidding plan, prepare and sell the bidding documents and pre-qualification documents;
(2) Examining the qualifications of bidders;
(3) Preparation of pre-tender estimate;
(4) Organizing bidders to visit the site;
(5) Organizing bid opening and evaluation, and assisting the tenderee in bid selection;
(6) Drafting contracts;
(seven) other matters entrusted by the tenderer.
A procuratorial agency shall not exceed its authority or exceed its authority, and shall not act as an agent knowing that the entrusted matters are illegal.
A bidding agency shall not bid or bid as an agent in the bidding project it represents, nor shall it provide consultation for the bidders of the bidding project it represents; Without the consent of the tenderer, the bidding agency business may not be transferred.
Twenty-third project bidding agency and the tenderer shall sign a written entrustment contract and collect agency fees according to the standards agreed by both parties; If the state has provisions on charging standards, those provisions shall prevail.
Article 24 A tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender. The tender documents generally include the following contents:
(a) tender announcement or invitation to bid;
(2) Instructions to Bidders;
(three) the main terms of the contract;
(four) the format of the tender documents;
(five) the tender by bill of quantities, shall provide the bill of quantities;
(6) technical terms;
(7) Design drawings;
(8) Evaluation criteria and methods;
(9) bidding auxiliary materials.
The bidder shall specify the substantive requirements and conditions in the tender documents, and indicate them in an eye-catching way.
Twenty-fifth a tenderer may require bidders to submit alternative bidding schemes that meet the requirements specified in the tender documents, but it shall be explained in the tender documents and the corresponding evaluation and comparison methods shall be put forward.
Article 26 The technical standards specified in the tender documents shall conform to the mandatory national standards.
All technical standards specified in the tender documents shall not require or indicate specific patents, trademarks, names, designs, countries of origin or production suppliers, and shall not contain other contents that tend to or exclude potential bidders. If it is necessary to quote the technical standards of a manufacturer and supplier to accurately or clearly explain the technical standards of the project to be tendered, the words "or equivalent" should be added after the quotation.
Twenty-seventh construction bidding projects need to be divided into blocks and determine the time limit for a project, the tenderer shall reasonably divide the blocks and determine the time limit for a project, and specify it in the bidding documents. Units that are closely linked and inseparable in engineering technology shall not be divided into blocks.
The tenderer shall not restrict or exclude potential bidders or bidders with unreasonable bid sections or construction period. For a project that must be subject to construction bidding according to law, the tenderer shall not use the division of bid sections to avoid bidding.
Article 28 The tender documents shall clearly specify all bid evaluation factors and how to quantify or evaluate these factors accordingly.
In the process of bid evaluation, the bid evaluation standards, methods and bid-winning conditions specified in the tender documents shall not be changed.
Article 29 The tender documents shall specify an appropriate bid validity period to ensure that the tenderee has enough time to complete the bid evaluation and sign a contract with the winning bidder. The validity of the bid shall be calculated from the date when the bidder submits the bid documents.
Before the end of the original bid validity period, in case of special circumstances, the tenderer may request all bidders to extend the bid validity period in writing. If the bidder agrees to extend the bid, it shall not require or allow to modify the substantive contents of its bid documents, but the validity period of its bid bond shall be extended accordingly; If the bidder refuses to extend the bid, its bid will be invalid, but the bidder has the right to recover its bid bond. If the bidder suffers losses due to the extension of the bid validity period, the tenderee shall make compensation, unless it is necessary to extend the bid validity period due to force majeure.
Thirtieth construction project bidding period is long, the bidding documents can clearly specify the project cost index system, price adjustment factors and adjustment methods.
Article 31 A tenderer shall determine a reasonable time for bidders to prepare their bid documents; However, the project that must be subject to tender according to law shall not be less than 20 days from the date when the tender documents are issued to the deadline when the bidders submit their tender documents.
Article 32 A tenderer may, according to the specific conditions of a project subject to tender, organize potential bidders to visit the project site and introduce them to the relevant situation of the project site and related environment. The judgments and decisions made by potential bidders according to the information introduced by the tenderee shall be the responsibility of the bidders themselves.
The tenderer shall not organize bidders to visit the site alone or separately.
Article 33 For the questions raised by potential bidders in reading the bidding documents and site reconnaissance, the tenderee may give a reply in written form or by holding a bid preparatory meeting, but at the same time, it shall notify all potential bidders who purchase the bidding documents in written form. The content of this solution is an integral part of the tender documents.
Article 34 A tenderer may decide whether to prepare a pre-tender estimate according to the characteristics of the project. Where the pre-tender estimate is prepared, the pre-tender estimate preparation process and pre-tender estimate must be kept confidential before the bid opening.
The pre-tender estimate of a project subject to tender shall be reasonably determined according to the approved preliminary design and investment estimation, relevant valuation methods, relevant project quotas and market supply and demand conditions, taking into account investment, construction period and quality.
The pre-tender estimate shall be prepared by the tenderer himself or by an intermediary agency. Only one pre-tender estimate can be prepared for a project.
No unit or individual may force the tenderer to prepare or submit the pre-tender estimate for examination and approval, and may not interfere with the determination of the pre-tender estimate.
A project subject to tender may be tendered without a pre-tender estimate.
If the tenderer has a maximum bid price limit, it shall specify the maximum bid price limit or the calculation method of the maximum bid price limit in the tender documents. The tenderer shall not stipulate the minimum bid price limit.
Bid editing and broadcasting
Article 35 A bidder is a legal person or other organization that responds to the tender and participates in the bidding competition. The affiliated institutions (units) of the tenderee who do not have the qualification of independent legal person, or the legal persons and affiliated institutions (units) that provide design and consulting services for the preliminary work or supervision of the project subject to tender, are not eligible to participate in the bidding of the project subject to tender.
Article 36 A bidder shall prepare the bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements and conditions put forward in the bidding documents.
The tender documents generally include the following contents:
(1) Letter of Bid;
(2) tender offer;
(3) Construction organization design;
(4) Business and technical deviation table.
According to the actual situation of the project stipulated in the tender documents, if the bidder intends to subcontract some non-main and non-critical work of the winning project after winning the bid, it shall be stipulated in the tender documents.
Article 37 A tenderer may require a bidder to submit a bid bond in the tender documents. Besides cash, the bid bond can be a bank guarantee, a confirmed check, a bank draft or a cash check issued by a bank.
The bid bond shall not exceed 2% of the estimated project price, but the maximum amount shall not exceed 800,000 yuan. The validity period of the bid bond shall be consistent with the validity period of the bid.
The bidder shall submit the bid bond to the tenderee or its entrusted bidding agency along with the bidding documents in the manner and amount required in the bidding documents.
The bid bond submitted by a domestic bidder in the form of cash or cheque for a project subject to construction bidding according to law shall be transferred from its basic account.
Article 38 A bidder shall deliver the bid documents to the bidding place in a sealed manner before the deadline for submission of bid documents required by the tender documents. After receiving the tender documents, the tenderer shall issue a certificate to the bidder, indicating the recipient and the time of receipt, and no unit or individual may open the tender documents before the bid opening.
Tender documents delivered after the deadline for submission of tender documents required by the tender documents shall be rejected by the tenderer.
If less than three bidders submit bidding documents for a project that must be subject to construction bidding according to law, the tenderee shall re-bid according to law after analyzing the reasons for the failure of bidding and taking corresponding measures. If there are still less than three bidders after re-tendering, it belongs to a construction project that must be approved, and the bidding can be stopped after being approved by the original examination and approval department; For other construction projects, the tenderer may decide not to invite tenders at his own discretion.
Article 39 A bidder may supplement, modify, replace or withdraw the submitted bid documents before the deadline required by the tender documents, and notify the tenderer in writing. The supplementary and revised contents are an integral part of the tender documents.
Article 40 A bidder shall not withdraw his bid documents after the deadline for submission of bid documents and before the expiration of the bid validity period stipulated in the tender documents, otherwise the tenderer will not return his bid bond.
Article 41 Before the bid opening, the tenderee shall properly keep the received bid documents, notice of modification or withdrawal, alternative bidding scheme and other bidding materials.
Forty-second more than two legal persons or other organizations may form a consortium to jointly bid as a bidder.
After signing the bidding agreement, the parties to the consortium may not bid separately in their own names, nor may they form a new consortium or participate in other consortia to bid for the same project.
Article 43 Where a tenderer accepts the bid of a consortium and conducts prequalification, it shall form a consortium before submitting the application documents for prequalification. If the consortium adds, reduces or replaces members after the prequalification, its bid will be invalid.
Article 44 Each party to a consortium shall designate a leader who is authorized to preside over and coordinate the bidding and contract implementation stage on behalf of all consortium members, and submit a power of attorney signed by the legal representatives of all consortium members to the tenderer.
Article 45 Where a consortium bids, it shall submit a bid bond in the name of the parties to the consortium or the leader of the consortium. The bid bond submitted in the name of the leader of the consortium is binding on all members of the consortium.
Article 46 The following acts belong to bidders' collusion in bidding quotation:
(a) Bidders mutually agree to raise or lower the bid price;
(two) mutual agreement between bidders, respectively, in the project subject to tender to use high, medium and low prices;
(three) internal bidding between bidders, the default winning bidder, and then participate in the bidding;
(four) other collusion between bidders.
Forty-seventh the following acts belong to the collusion between the tenderer and the bidder:
(1) The tenderer opens the tender documents before the bid opening, divulges relevant information to other bidders, or instructs bidders to replace or modify the tender documents;
(2) The tenderee discloses the pre-tender estimate, members of the bid evaluation committee and other information to the bidders;
(3) The tenderer explicitly or implicitly reduces or increases the bid price;
(four) the tenderer expressly or implicitly provides convenience for a specific bidder to win the bid;
(five) other collusion between the tenderer and the bidder to seek a specific winning bidder.
Forty-eighth bidders shall not bid in the name of others.
Bidding in the name of others as mentioned in the preceding paragraph refers to the behavior that bidders attach themselves to other construction units, or obtain qualifications or qualification certificates from other units through transfer or lease, or that other units and their legal representatives affix their seals and signatures on the bidding documents themselves.
Editing and broadcasting of bid opening, bid evaluation and bid selection
Article 49 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place determined in the tender documents.
If a bidder has any objection to the bid opening, it shall raise it at the bid opening site, and the tenderer shall reply on the spot and make records.
Fiftieth in any of the following circumstances, the tenderer shall reject the tender documents:
(a) late delivery;
(2) not sealed according to the requirements of the tender documents ".
In any of the following circumstances, the bid evaluation committee shall reject its bid:
(a) the tender documents are not stamped by the tenderer and signed by the person in charge of the unit;
(two) the bidding consortium did not submit the * * * and the bidding agreement;
(three) the bidder does not meet the qualifications stipulated by the state or the tender documents;
(4) The same bidder submits two or more different bid documents or bid quotations, except that the tender documents require the submission of alternative bid documents;
(five) the bid price is lower than the cost or higher than the highest bid price limit determined in the tender documents;
(six) the bid documents did not respond to the substantive requirements and conditions of the tender documents;
(seven) bidders have colluded in bidding, fraud, bribery and other illegal acts.
Article 51 The bid evaluation committee may require the bidder to make necessary clarification, explanation or correction for the contents in the bid documents that are ambiguous, inconsistent with similar issues, or have obvious errors in writing and calculation. The bid evaluation committee shall not put forward suggestive or guiding questions to the bidders, nor shall it explain the omissions and errors in the bidding documents to the bidders.
Article 52 If the tender documents do not respond to the substantive requirements and conditions of the tender documents, the bid evaluation committee shall not allow the bidders to respond by modifying or canceling the discrepancies that do not meet the requirements or reserving them.
Article 53 When evaluating a bid that substantially responds to the requirements of the tender documents, the bid evaluation committee shall make corrections according to the following principles, unless otherwise agreed in the tender documents:
(1) If the amount expressed in figures is inconsistent with that expressed in words, the amount expressed in words shall prevail;
(2) If the product of unit price and engineering quantity is inconsistent with the total price, the unit price shall prevail. If the decimal point of the unit price is obviously misplaced, the total price shall prevail and the unit price shall be revised.
The adjusted quotation according to the provisions of the preceding paragraph shall be binding after being confirmed by the bidder.
Prices and preferential conditions not included in the tender documents will not be considered in the bid evaluation.
Article 54 The extra income generated by the alternative bidding scheme submitted by the bidder being superior to the technical standards of the bidding documents shall not be included in the bid evaluation price. Bidders who meet the basic technical requirements of the tender documents and have the lowest bid evaluation price or the highest comprehensive score can only consider the submitted alternatives.
Article 55 If a tenderer has a pre-tender estimate, the pre-tender estimate shall be used as a reference for bid evaluation, but it shall not be used as the sole basis for bid evaluation.
Article 56 After the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer. The bid evaluation report shall be signed by all members of the bid evaluation committee.
For a project that must be subject to tender according to law, the tenderer shall publicize the successful candidate within three days from the date of receiving the bid evaluation report, and the publicity period shall not be less than three days.
The bid-winning notice is issued by the tenderer.
Article 57 The number of candidates recommended by the bid evaluation committee shall be limited to one to three, and the order shall be indicated. The tenderer shall accept the candidate winning bidders recommended by the bid evaluation committee, and shall not determine the winning bidder other than the candidate winning bidders recommended by the bid evaluation committee.
Fifty-eighth state-owned funds holding or leading position of the project, according to the law must be tender, the tenderer shall determine the number one candidate for winning the bid as the winning bidder. If the first successful candidate abandons the bid, fails to perform the contract due to force majeure, fails to submit the performance bond according to the requirements of the tender documents, or is found to have illegal acts that affect the result of winning the bid, and does not meet the conditions for winning the bid, the tenderer may, according to the list of successful candidates proposed by the bid evaluation committee, determine other successful candidates in turn as the successful bidder. If it is determined in turn that there is a big gap between the expectations of other successful candidates and the tenderer, or it is obviously unfavorable to the tenderer, the tenderer may re-tender.
The tenderer may authorize the bid evaluation committee to directly determine the winning bidder.
If the State Council has other provisions on the determination of the winning bidder, such provisions shall prevail.
Article 59 A tenderer shall not, against the will of the winning bidder, require the winning bidder to reduce the quotation, increase the workload, shorten the construction period or put forward other requirements as a condition for issuing the letter of acceptance and signing the contract.
Article 60 The bid-winning notice has legal effect on the tenderer and the winning bidder. After the bid-winning notice is issued, if the tenderer changes the bid-winning result or the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law.
Article 61 When using all or part of the technical achievements or technical schemes in the bidding documents of non-winning units, the tenderee shall obtain their written consent and give certain economic compensation.
Article 62 The tenderer and the winning bidder shall conclude a written contract in accordance with the tender documents and the winning bidder's bid documents within the validity period of the bid and within 30 days from the date of issuance of the bid-winning notice. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
If the tenderer requires the winning bidder to provide performance bond or other forms of performance guarantee, the tenderer shall also provide the winning bidder with the guarantee for payment of project funds.
The tenderer shall not raise the performance bond without authorization, and shall not force the winning bidder to advance the construction funds of the winning project.