Measures for the Administration of Bidding for Construction Projects in Hubei Province
Chapter I General Provisions
Article 1 In order to strengthen the bidding management of construction projects, encourage fair competition among construction enterprises, cultivate the construction market, ensure the quality of projects and improve the investment benefit, these measures are formulated according to the Interim Provisions of the State Council on Several Issues Concerning the Reform of Construction Industry and Capital Construction Management System, combined with the actual situation of this province.
Article 2 All construction projects included in our province's fixed assets investment plan, including budgetary projects approved by the state and local governments, self-raised projects, technical measures projects and various forms of Sino-foreign joint venture projects (foreign-funded projects shall be separately stipulated), except for some projects that are not suitable for bidding, bidding shall be conducted in accordance with the provisions of these Measures.
Article 3 All construction enterprises with business licenses and qualification certificates may participate in the bidding for construction projects in line with their qualification grades, and no unit or department may interfere.
Article 4 The specific work of bidding for construction projects shall be presided over by the construction unit. Bidding should adhere to the principles of fairness, equality, equal compensation and good faith. The legitimate rights and interests of the tendering units are protected by law.
Advocate open bidding and hidden bidding for construction projects.
Article 5 The competent department of urban and rural construction at or above the county level (including county-level cities and cities under provincial jurisdiction, the same below) is the competent department of bidding for construction projects, and its main responsibilities are:
(a) to implement the laws, regulations and rules of the state on bidding for construction projects;
(two) responsible for the registration of the project subject to tender, and give guidance to the bidding work;
(three) to verify the calibration results, safeguard the legitimate rights and interests of both parties, and veto unfair bidding;
(four) to investigate and deal with illegal acts in bidding activities.
Article 6 The bidding management of construction projects shall be in the charge of the competent departments of urban and rural construction of provinces, prefectures, cities and counties in accordance with the principle that the bidding management authority is consistent with the examination and approval authority of existing infrastructure and technical measures.
The calibration results of provincial key construction projects and large and medium-sized projects should be reported to the office of the leading group of provincial key construction projects for verification.
Chapter II Bid Editing
Article 7 The tenderee must be the construction unit (project owner) or the general contractor with legal person qualification.
Article 8 Bidding for construction projects may take various forms, such as bidding for all projects, bidding for single projects, bidding for sub-projects and bidding for professional projects.
Article 9 A construction project subject to tender must meet the following conditions:
(a) has been approved by the examination and approval authority, included in the annual fixed assets investment plan, and holds an investment license;
(two) there are preliminary design approval documents, certified design units designed construction drawings or design documents that can meet the pricing requirements;
(3) The requisition of construction land has been approved in accordance with the law, the water source, power supply and transportation road on the construction site have been connected, and the demolition and obstacle removal work has been completed (except those entrusted by the contractor);
(four) the construction funds and supporting conditions for cooperation have been implemented;
(five) the main materials and equipment have been implemented or the supply mode has been clearly defined;
Article 10 The tendering procedures of the tendering units are as follows:
(1) Organizing a bidding working group (the bidding working group should have technical, budgetary and infrastructure management personnel commensurate with the scale, and have the ability to examine the qualifications of bidding enterprises);
(two) to register the bidding project with the bidding department;
(three) to organize the preparation of tender documents and pre-tender estimate;
(four) release the tender information;
(5) Qualification examination of the tendering units;
(six) to distribute the tender documents and relevant design drawings and technical data to the tendering units;
(seven) to organize the tendering units to visit the site and answer questions about the bidding documents;
(8) bid opening and evaluation;
(nine) evaluation, determine the winning bidder;
(ten) the calibration results reported to the bidding management agencies and relevant departments for verification;
(eleven) signed a construction contract with the winning bidder.
Eleventh construction project bidding documents must be carefully prepared, the main contents are:
(1) bidding documents: comprehensive description of the project (plan approval number, project name, project address, project content and quantity, technical requirements, quality standards, project site conditions, bidding method, etc.). ), bidding scope, contract form and project price settlement method, material and equipment supply method and price difference calculation method, planned commencement and completion date, etc. ;
(2) Construction drawings, geological data and design specifications;
(three) the main terms of the contract;
(four) the schedule of bidding, bid opening, award and other activities;
(5) explanation of other related matters.
Chapter III Pre-tender Price
Article 12 The bid inviting unit is responsible for preparing the pre-tender estimate, which mainly includes the project cost, construction period and the quantity of main materials such as steel, cement and wood.
If the tender unit is unable to prepare the pre-tender estimate, it may independently entrust a qualified consulting company or professional unit to prepare the pre-tender estimate. The unit entrusted to prepare the pre-tender estimate shall not undertake the pre-tender estimate preparation business of the tendering unit at the same time.
The pre-tender estimate cost should be controlled within the approved budget estimate or the revised adjustment limit of the budget estimate.
Thirteenth major materials, equipment, the planned price and market price difference, should be calculated separately according to the determined mode of supply, and clear the way to deal with the difference.
Article 14 The time limit for a project subject to tender shall be reasonably determined according to the time limit quota and investment plan formulated by the state and local governments. If the tenderer requests to shorten the construction period, the cost of measures to speed up the progress can be calculated appropriately.
Fifteenth each project subject to tender can only have a pre-tender estimate. For projects that adopt secret bidding, the pre-tender estimate must be kept strictly confidential before the bid opening.
Chapter IV Bidding
Sixteenth construction enterprises to participate in bidding, to submit a bid application to the tender unit within the specified time, and provide the following documents and materials:
(1) Resume of the enterprise;
(2) Business license and qualification certificate;
(three) its own funds and supporting documents;
(four) the number and average technical level of technicians and skilled workers, as well as construction machinery and equipment;
(five) the main projects undertaken in the past three years and their quality descriptions;
(six) other matters required by the tenderer.
Seventeenth construction enterprises can form a consortium to participate in bidding. If a consortium is formed, it shall be made clear that the general contractor shall bear all obligations.
Eighteenth bidders should bid in strict accordance with the requirements of the tender documents and the relevant provisions of the state and province, the main contents include:
(a) A comprehensive description of the tender;
(2) according to the drawings, the main material consumption, price summary table (according to the unit engineering, civil engineering, installation, etc. ) and the description of the cost calculation standard;
(three) the construction organization measures and total progress (including the completion of the foundation, main body, installation, decoration and other time limit for a project);
(four) the main measures to ensure the quality, safety and time limit for a project, including construction scheme and main construction machinery, etc. ;
(five) the planned commencement and completion dates;
(six) other matters required by the tenderer.
The tender shall be stamped with the seal of the unit and the legal representative or the agent entrusted by the legal representative, and sealed and delivered to the tender unit within the specified date.
Article 19 After the tender is delivered to the tendering unit, if the tenderer needs to modify and supplement the original tender, it may do so in the form of an official letter before the prescribed deadline for bidding.
Chapter V Bid Opening, Bid Evaluation and Bid Selection
Article 20 The bid opening meeting shall be presided over by the bidding working group, and a bid evaluation team shall be formed.
The bid evaluation team is responsible for bid evaluation and calibration.
Twenty-first any of the following circumstances is invalid;
(1) is not sealed;
(two) do not fill in according to the requirements, the handwriting is vague, illegible or incomplete;
(3) Without the seal of the unit, the legal representative or the seal of the agent entrusted by the legal representative;
(four) overdue delivery;
(five) the bidding enterprise did not attend the bid opening meeting.
Article 22 The bid evaluation team shall adhere to the principle of fair and efficient bid evaluation and determination of the winning bidder, and comprehensively evaluate the bid quotation, construction period, construction scheme, project quality and safety assurance measures, main material consumption, enterprise technical qualification and social reputation, and determine the winning bidder.
The specific principles and methods of bid evaluation and calibration shall be determined by the bid evaluation team before the bid opening. Once the principle of bid evaluation and calibration is determined, no unit or individual may change it in the process of bid evaluation.
When the members of the bid evaluation team cannot determine the winning bidder due to major differences, it shall be decided by the competent department of tendering and bidding.
The time from bid opening to bid selection for large and medium-sized projects shall not exceed fifteen days, and that for other projects shall not exceed seven days.
Twenty-third tender units shall, after the winning bidder (including the project subject to tender) is determined, report to the competent department of bidding and tendering for verification. If the competent department of bidding has any objection, it shall reply within seven days after receiving the report. Failing to reply within the time limit, it can be regarded as that the tendering unit agrees and issues a bid-winning notice.
The provincial key construction leading group office shall give a reply within ten days after receiving the verification report on the calibration results of key construction and large and medium-sized projects. Fails to reply, can be regarded as the construction unit agreed and issued a letter of acceptance.
Twenty-fourth bidding units shall, within twenty days from the date of issuance of the bid-winning notice, sign the project contract in accordance with the bidding documents and the requirements of the bidding documents and the regulations of the State Council Municipality on the contract of construction and installation projects.
Twenty-fifth units that participated in the bidding but did not win the bid shall pay compensation fees of 300 yuan to 2,000 yuan by the bidding unit, and the specific standards shall be determined by the provincial bidding department and the provincial price and finance department.
The tender preparation compensation fee shall be charged in the construction project management fee of the tendering unit.
Twenty-sixth after the construction project bidding is determined, the tenderer shall, in accordance with the provisions of Article 6 of these Measures, pay the bidding management fee to the corresponding bidding department with four ten thousandths and two ten thousandths of the winning bid. Scope of bidding management fee: the bidding unit shall be charged in the construction project management fee; The winning bidder shall be charged in the construction management fee.
Bidding management fee is a special fee for the bidding department to make up for the shortage of bidding management funds, which should be included in the management of extra-budgetary funds at the same level, deposited in the financial special account, earmarked for special purposes, and subject to the supervision of the financial and auditing departments at the same level.
Chapter VI Punishment
Twenty-seventh in violation of the provisions of these measures, shall be punished according to the following provisions:
(a) according to the provisions of the construction project should be tender, the construction unit did not tender, the competent department of urban and rural construction shall not issue a construction permit, the bank shall not allocate construction funds, the construction unit shall not accept the construction.
(two) personnel involved in the preparation or determination of the pre-tender estimate shall be given administrative sanctions by their units or competent departments.
(3) If a bidder practices fraud when filling in the application for bidding, the competent department of tendering and bidding shall order him to withdraw from the bidding and cancel his qualification for local bidding for three to six months.
(four) after winning the bid, the tenderer and the bidder change the bidding conditions without authorization, or fail to sign the project contract within the specified time, and the responsible party shall compensate the other party for the direct economic losses suffered.
(5) Personnel and units who engage in malpractices for selfish ends, ask for bribes and accept bribes in the bidding process shall be investigated and dealt with by their units or competent departments according to law, and if a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
(six) the competent department of bidding, management agencies and their staff have dereliction of duty, and shall be investigated and dealt with by the administrative supervision department according to law. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Chapter VII Supplementary Provisions
Twenty-eighth problems in the application of these measures shall be interpreted by the Provincial Department of Urban and Rural Construction.
Twenty-ninth these Measures shall not apply to foreign enterprises bidding in our province. Measures for the administration of foreign enterprises' bidding shall be formulated separately.
Thirtieth these Measures shall come into force as of the date of promulgation.
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