Measures of Wuxi Municipality on the Administration of Bidding for Construction Projects (2009)

Chapter I General Provisions Article 1 In order to standardize the bidding activities of construction projects, safeguard the legitimate rights and interests of the parties, ensure the project quality and improve the investment benefit, these Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC), the Regulations on Bidding in Jiangsu Province, the Regulations on the Administration of Construction Market in Jiangsu Province and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the tendering and bidding activities of all kinds of new construction, reconstruction, expansion, relocation, restoration and technical transformation projects within the administrative area of this Municipality. Article 3 The term "construction projects" as mentioned in these Measures refers to the construction of various buildings and their ancillary facilities, the installation of supporting lines, pipelines and equipment, indoor and outdoor decoration and other professional projects, outdoor environmental projects, and urban roads and bridges, tunnels, street lamps, public transportation, water supply, drainage, gas, heat, sewage treatment, sanitation, garbage disposal, flood control and underground public facilities and equipment.

The term "bidding for construction projects" as mentioned in these Measures means that the tenderee undertakes tasks such as survey, design, construction, engineering consultation, engineering supervision, engineering management and procurement of important equipment and materials related to the project through bidding, and the bidder undertakes tasks through competition. Article 4 Bidding for construction projects shall adhere to the principles of openness, fairness, impartiality, selection of the best and good faith. No unit or individual may illegally interfere with or influence the process and results of bidding activities. Fifth development and reform department is responsible for the guidance and coordination of bidding activities.

The construction administrative department is responsible for the supervision and management of the bidding for construction projects.

Supervision, transportation, water conservancy and other administrative departments shall be responsible for the supervision and management of bidding according to their respective responsibilities. Article 6 The standards for the scope and scale of construction projects that must be tendered according to law shall be implemented in accordance with the provisions of the Standards for the Scope and Scale of Bidding for Construction Projects in Jiangsu Province. No unit or individual may break up a construction project that must be subject to bidding according to law or evade bidding in any other way.

Bidding activities for construction projects that must be tendered according to law shall be carried out in the construction project trading center. The establishment and management of the construction engineering trading center shall be implemented in accordance with the relevant provisions. Seventh construction projects that do not need bidding according to law are encouraged to be contracted through bidding and carried out in the construction project trading center. Article 8 The pre-selection contractor system shall be gradually implemented in the bidding of construction projects in which state-owned capital investment plays a controlling or leading role, and its management measures shall be formulated separately. Ninth construction project bidders and other interested parties think that the bidding activities do not conform to the provisions of laws, regulations and rules, they can complain to the construction administrative department.

The complainant shall, in accordance with the provisions on complaints in tendering and bidding, make a real-name written complaint within the validity period, and provide evidential materials or effective clues. Chapter II Bidding Article 10 Bidding for construction projects shall meet the following conditions:

(a) the tenderer has been established according to law;

(two) in accordance with the provisions of the relevant examination and approval, approval, filing and other procedures;

(3) Having technical data or design drawings that meet the requirements of the tender;

(four) the required funds or sources of funds within the scope of bidding have been implemented;

(five) other conditions stipulated by laws, regulations and rules. Eleventh construction project tenderers can organize their own bidding, or entrust a project bidding agency with corresponding qualifications to organize bidding. Twelfth construction projects that must be tendered according to law, the tenderer shall meet the following conditions and report to the construction administrative department for the record:

(a) the establishment of a special tender organization;

(2) Having the qualifications of a legal person or other organizations established according to law;

(3) Having technical strength in engineering technology, project cost, finance and project management that is suitable for the scale and complexity of the construction project;

(4) There are not less than 3 engineering technical and economic personnel with intermediate titles or above in this unit, including at least 1 cost engineer registered in this unit;

(five) have the ability to prepare bidding documents and organize bid opening, bid evaluation and bid selection, and be familiar with and master the laws and regulations related to bidding. Thirteenth construction project bidders who do not meet the requirements of organizing bidding by themselves shall entrust a project bidding agency with corresponding qualifications to organize bidding. The contents of the bidding agency shall be clearly defined in the entrustment contract and reported to the construction administrative department for the record.

When the construction project invested by state-owned funds is entrusted for bidding, the project bidding agency shall be determined on the basis of open selection, and the specific provisions shall be formulated separately. Article 14 If the professional projects, important equipment and materials included in the general contracting scope by means of temporary evaluation meet the scale standards stipulated by the province when the tenderee conducts the general contracting bidding for construction projects, the general contracting winning bidder and the tenderee for construction projects shall conduct the bidding in accordance with the provisions of Articles 11 and 12 of these Measures. The risks and responsibilities of both parties should be stipulated in the contract. Fifteenth construction project bidding is divided into public bidding and invitation bidding. In addition to public bidding and invitation to bid, the bidding for services such as construction engineering survey, design, engineering consultation, engineering supervision and engineering management, and the procurement of important equipment and materials can also be conducted through competitive negotiation according to law, and the specific requirements shall be implemented in accordance with relevant regulations.