Sui Jianshe [2010] No.69
All relevant units:
In order to deepen the management reform of bidding for construction projects in our city and further standardize the tangible construction market, with the consent of the municipal government, the Measures for the Management of Bidding for Construction Projects in Guangzhou are hereby printed and distributed to you, please follow them (see Annex for details).
Annex: Measures of Guangzhou Municipality on the Administration of Bidding for Construction Projects
Municipal Urban and Rural Construction Committee, Municipal Development and Reform Commission and Municipal Supervision Bureau
20 10 year 1 month 13 day
Measures of Guangzhou Municipality on the Administration of Bidding for Construction Projects
Chapter I General Provisions
Article 1 In order to further strengthen the supervision and management of bidding for construction projects in this Municipality, standardize bidding activities for construction projects, improve the tangible construction market, and promote the realization of the principles of openness, fairness, impartiality and merit selection, these Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the Implementation Measures of Guangdong Province.
Article 2 These Measures shall apply to the construction projects such as new construction, reconstruction, expansion, decoration and demolition managed by the city and district, and the services and goods closely related to the projects, and must be subject to tender according to law.
The term "construction project" as mentioned in these Measures refers to civil engineering, construction engineering, pipeline and equipment installation engineering and decoration engineering.
Third municipal development and reform department is responsible for the guidance and coordination of bidding activities, supervision and inspection of major project bidding; The municipal and district construction administrative departments shall be responsible for the supervision and enforcement of the bidding activities of housing construction and municipal infrastructure projects; City, district transportation, water conservancy and other relevant administrative departments shall, in accordance with the division of responsibilities stipulated by the State Council, supervise and enforce the law on this professional construction project.
Where the administrative department specified in the preceding paragraph (hereinafter referred to as the bidding supervision department) has established a bidding supervision institution for construction projects, it may entrust the bidding supervision and law enforcement work it is responsible for to the bidding supervision institution for specific implementation.
Article 4 Guangzhou Construction Engineering Trading Center is a unified construction engineering trading service institution established in this Municipality, providing places, information, consultation and witness services for construction engineering transactions. The bidding activities for construction projects and services and goods closely related to the project that meet the bidding scale standard of Guangdong Province Implementation Measures shall be conducted in Guangzhou Construction Engineering Trading Center.
Guangzhou Construction Engineering Trading Center is responsible for: uniformly issuing the tender announcement and relevant information, witnessing the bidding process, managing the evaluation expert database, confirming the bid-winning notice, establishing the computer trading network information system, keeping the relevant information files of the bidding process for future reference, and managing the order of bidding activities in the field.
Article 5 The bidding supervision department shall establish a comprehensive credit evaluation system for construction enterprises, and regularly publish the ranking list of comprehensive credit evaluation of enterprises in Guangzhou according to the bidding and performance of construction enterprises.
Chapter II Scope of Bidding
Sixth construction projects that meet the bidding scope and scale standards stipulated in Articles 7, 8 and 9 of the Measures for the Implementation of the Bidding Law of People's Republic of China (PRC) in Guangdong Province must be subject to bidding; In accordance with the "Guangdong province to implement the" People's Republic of China (PRC) bidding law "measures" provisions of article eleventh of the bidding scope and scale standards of construction projects, must be open tender.
Article 7 The following projects that conform to the provisions of Article 6 of these Measures but are not suitable for bidding may not be subject to bidding for government procurement of goods and services with the approval of the project examination and approval department and the procurement supervision and management department of the municipal government:
Involving national security and state secrets;
(2) Emergency rescue and disaster relief;
(three) the use of poverty alleviation funds to implement work instead of relief, the need to use migrant workers;
(four) the use of specific patents or proprietary technology in projects such as survey, design and consultation;
(five) in order to match the existing equipment, it is necessary to buy spare parts from the original supplier of the equipment;
(six) the subject matter of the project is single, and it is suitable to adopt auction and other ways that are conducive to guiding competition;
(seven) as otherwise provided by laws, administrative regulations or the State Council.
For projects that are not subject to tender upon approval, the project examination and approval department shall send a copy to the administrative supervision organ at the same level for the record.
Eighth emergency projects involving major political, foreign affairs or other special tasks, with the approval of the municipal government, the tenderer may determine the winning bidder by inviting tenders.
Ninth emergency rescue projects can be directly determined by the emergency rescue headquarters established by the municipal and district governments to undertake professional emergency rescue teams or select qualified contractors from the comprehensive credit evaluation ranking list of construction enterprises.
Tenth to encourage construction projects and labor subcontracting bidding. Information on construction engineering specialty and labor subcontracting shall be publicly released on the website of Guangzhou Construction Engineering Trading Center, and professional and labor subcontracting activities shall be conducted in Guangzhou Construction Engineering Trading Center.
The employer of professional and labor subcontracting projects shall, within 15 days after the conclusion of the subcontract, send the subcontract to the municipal and district bidding supervision departments for the record according to the project management authority.
Chapter III Qualification Examination
Eleventh bidding qualification examination includes pre-qualification and post-qualification.
Public bidding for housing construction and municipal infrastructure construction projects should implement the post-qualification system, but complex large-scale projects can adopt the pre-qualification system, and the tenderee of large-scale public projects can adopt the pre-selection contractor system for pre-qualification with the approval of the bidding supervision department.
Article 12 Before receiving the tender documents, the tenderee shall not collect the information of bidders through centralized organization of answering questions or centralized organization of on-site reconnaissance.
Article 13 When there are not less than 5 qualified bidders and not more than 12 qualified bidders for a pre-qualified construction bidding project, all qualified bidders shall be regarded as formal bidders. When there are more than 12 qualified bidders, one of the following methods can be adopted to determine the formal bidders:
(a) Regard all bidders who meet the prequalification conditions as formal bidders;
(2) Randomly select not less than 12 bidders from all bidders who meet the prequalification requirements;
(3) The tenderee shall select at least 12 qualified bidders as formal bidders according to the comprehensive evaluation of bidders' owners (not higher than 20%) and the comprehensive credit evaluation ranking score of construction enterprises (not lower than 80%).
If more than two tenders are invited for a project at the same time, the tenderer shall clearly divide the tenders and formulate measures to determine the formal bidders for the specific tenders.
The tenderer shall clearly determine the method of formal bidders in advance in the tender announcement. If formal bidders are randomly selected, it shall be witnessed by Guangzhou Construction Engineering Trading Center.
Article 14 A tenderer shall examine the qualifications of bidders according to the minimum requirements for the construction of a project subject to tender. The qualifications of bidders set by the tenderer should be clear and easy to judge.
In addition to the bidding project approved by the bidding supervision department to implement the pre-selection contractor system, the bidder's qualification is limited to five aspects: enterprise qualification, safety production license, project leader qualification, full-time safety personnel training and assessment qualification, and project performance. In addition to setting project performance requirements for bidders' qualifications in accordance with the provisions of the third and fourth paragraphs of this article, the tenderer shall not set project performance requirements.
The tenderer may require the bidder to complete similar projects with qualified quality in Guangzhou. Similar projects refer to projects that can be undertaken by enterprises with lower qualification levels required for bidding projects; If the enterprise qualification level required by the project subject to tender is already the lowest qualification level, performance requirements shall not be set.
For complex and large-scale construction projects subject to tender, the tenderer may set the project performance that can only be undertaken by the enterprise qualification level required by the project subject to tender in the bidder qualification conditions, and may set the necessary technical and economic indicators of function or scale or amount in the project performance requirements, and the relevant technical and economic indicators shall not exceed two-thirds of the technical and economic indicators of the project subject to tender. The bidding supervision department may require the tenderer to organize experts to demonstrate the necessity and rationality of setting technical and economic indicators.
The State Council, the relevant ministries and commissions have other provisions on the qualifications of bidders, from its provisions.
Fifteenth the tenderer shall publicize the qualification examination results through the Guangzhou Construction Engineering Trading Center network, and the publicity time shall be 3 working days.
A project subject to public bidding by means of pre-qualification shall be publicized before the formal bidder is determined, and a project subject to public bidding by means of post-qualification shall be publicized at the same time as the successful candidate.
Article 16 It is forbidden to restrict or exclude potential bidders from bidding under the following unreasonable conditions:
(a) improve the level of qualification, narrow the scope of qualification categories, and at the same time set the requirements for general contracting qualification and professional contracting qualification, as well as other qualifications not set in accordance with the provisions on qualification management;
(2) Requirements for personnel other than the project leader and full-time safety officer are put forward in the qualification conditions, or requirements for the project leader other than qualification and safety production training and assessment, and requirements for full-time safety officer other than training and assessment;
(3) No consortium is allowed to bid;
(four) do not allow qualified joint-stock companies, group companies, head offices and their subsidiaries with independent legal personality to participate in the bidding at the same time;
(5) Bundling different types of general contracting projects for bidding;
(six) in the pre-qualification stage, the general contractor is required to determine the subcontractor;
(seven) the establishment of qualifications other than those specified in the second paragraph of Article fourteenth of these Measures;
(eight) other unreasonable conditions restrict or exclude potential bidders from bidding.
Chapter IV Bidding
Seventeenth a tenderer shall, according to the characteristics and needs of the project subject to tender, prepare the tender announcement, qualification documents and tender documents according to the model text prepared or filed by the tender supervision department.
The bidding documents for housing construction and municipal infrastructure projects shall be reported to the municipal and district construction project bidding supervision institutions for the record in accordance with the project management authority. Where the tenderer proposes terms inconsistent with the model text, it shall make a special explanation and inform the tendering and bidding supervision institution in advance.
Article 18 A bidder shall list the rejection clauses separately in his bid documents. If other clauses in the tender documents are inconsistent with the separately listed veto clauses, the separately listed veto clauses shall prevail. If veto clauses are added in the addendum to the tender documents, the tenderer shall re-list the complete veto clauses in the tender documents and send them to all bidders.
The veto clauses shall be clear and easy to judge, and shall not contain clauses that are difficult to be defined by the bid evaluation committee, such as "substantially failing to respond to the requirements of the tender documents" and "the tender documents contain conditions unacceptable to the tenderer".
The term "veto clause" as mentioned in these Measures refers to the clause in the tender documents that denies the validity of the tender documents. If the tender is not accepted or regarded as invalid, invalid or unqualified.
Nineteenth the use of pre-qualification, from the date of issuing the tender announcement or pre-qualification documents to the date of bidding registration, the time shall not be less than 5 working days; If the post-qualification method is adopted, there is no registration link in the bidding, and the bidder shall submit the bidding documents before the bidding deadline. The bidder's inquiry about the bidding matters should be stopped before the bidding deadline 10, and the tenderer should stop answering questions and modifying the bidding documents 7 days before the bidding deadline, and the overdue deadline for answering questions should be postponed accordingly.
If the state has other provisions on the issuance of tender announcements, those provisions shall prevail.
Twentieth all use of state-owned capital investment or state-owned capital investment of more than 50% of the construction project shall adopt the way of bill of quantities for construction bidding. The tenderer shall prepare the bill of quantities according to the valuation of the bill of quantities of construction projects and relevant regulations and norms, and determine the quantities.
Twenty-first construction bidding projects should be set up bidding control price. The tender control price can be compiled by the tenderer himself or by a qualified unit. Bidders who prepare their own bidding control prices shall have at least two registered cost engineers.
The tender control price of a construction project subject to tender shall be announced when the tender documents are issued. The published contents shall include the total project price, partial project cost (including partial bill of quantities and its comprehensive unit price), measure project cost (including measure project list and its cost), other project cost (including other project list and its comprehensive unit price or cost), main material price, taxes and related explanations.
Twenty-second bidding supervision departments shall stipulate the measures for the record management of bidding control prices of bidding projects.
The bidding control price of housing construction and municipal infrastructure projects invested by financial funds and the economic bidding documents of the winning enterprise shall be filed with the municipal and district project cost management institutions in accordance with the construction project management authority.
Article 23 If a bidder has any objection to the tender control price announced by the tenderer, it shall submit it to the tenderer in writing before the deadline for bidding 10, and the tenderer shall verify it in time. If there is any mistake after verification, the tenderer shall adjust the tender control price and re-publish the tender control price 7 days before the deadline for bidding. If the bidder still has any objection to the tender control price re-issued by the tenderer, it shall submit written opinions to the project cost management institution 5 days before the deadline for bidding. If there is any mistake after verification, the tenderer shall adjust and reissue the tender control price in time, and the deadline for bidding shall be postponed.
Article 24 If the construction project subject to tender lasts for more than 12 months, the tenderer shall specify in the tender documents and contracts the method for adjusting the contract price when the market price of labor, materials, equipment or machinery changes abnormally. The adjustment principle is as follows: when the price of a certain labor, material, equipment or machine-team rises more than 65,438+00% of the price in the contract reference period (28 days before the deadline for bidding), the contractor shall bear the 65,438+00% increase, and the employer shall compensate the contractor for the excess; When the price of a certain labor, material, equipment or machinery drops by more than 10%, the part exceeding 10% shall be returned by the contractor to the employer.
The price increase and price decrease mentioned in the preceding paragraph shall be calculated according to the price information released by the project cost management institution; The basis of price adjustment is the corresponding tender offer of labor, materials, equipment or machinery; The compensation or refund of the price can be calculated during the construction period or at the time of completion settlement, which is specifically agreed by the employer and the contractor in the contract.
Twenty-fifth prohibit the tenderer to limit the independent quotation of bidders in the form of limited price.
In principle, the tenderer shall not set the provisional amount of professional subcontracting projects, main materials and equipment in the bidding documents. If it is really necessary to set it up due to actual needs, the tender will be conducted for the part whose provisional amount reaches the legal tender scale after winning the bid. The provisional amount shall not be used as the basis for settlement.
Article 26 A tenderee shall not designate subcontracting projects in the general construction contract bidding, and shall not interfere with the legal subcontracting behavior of the general contractor.
Article 27 For the main materials and equipment purchased by the contractor, the tenderer may put forward the technical standards or quality requirements of the materials and equipment in the tender documents, or put forward at least three brands or subcontractors of the same grade for the bidders to choose from when quoting.
The bidder shall indicate the brand, manufacturer and quality grade of the selected main materials and equipment in the bidding documents, and meet the requirements of the bidding documents.
The tenderee or bidder shall select energy-saving, water-saving, land-saving, material-saving and environment-friendly materials, equipment and appliances according to regulations. Encourage the use of circular economy products.
Twenty-eighth for the bidding activities of emergency projects with general technical and performance standards, the tenderer may choose to adopt simple bidding procedures:
(a) Bidders are not required to prepare technical bids;
(two) the construction drawing contract bidding, signed a lump sum contract with the winning bidder;
(3) Sporadic projects will be subject to one-time centralized bidding by batch bidding.