No.82
The Measures for the Administration of Tendering and Bidding for Architectural Engineering Design, which was adopted at the 3rd executive meeting of the Ministry on October 8th, 2000, is hereby promulgated and shall come into force as of the date of promulgation.
Minister Yu
October 18th, 2000
Measures for the administration of bidding for construction engineering design
Article 1 In order to standardize the design market of construction projects, optimize the design of construction projects and promote the improvement of design quality, these Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC).
Article 2 These Measures shall apply to the design bidding of all kinds of housing construction projects that conform to the Standard Provisions on the Scope and Scale of Bidding for Construction Projects.
Article 3 Where the design of a construction project adopts specific patented technology or proprietary technology, or has special requirements for architectural artistic modeling, it may be directly contracted with the approval of the relevant departments.
Fourth the State Council construction administrative departments responsible for the supervision and management of the national construction project design bidding.
The construction administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and management of the bidding and tendering of construction projects within their respective administrative areas.
Fifth construction project design bidding can be open or invited according to law.
Article 6 If the following conditions are met, the tenderee may organize the tender by itself:
(1) Having engineering technology, engineering cost, finance and engineering management personnel suitable for the scale and complexity of the bidding project, and having the ability to organize the preparation of bidding documents;
(2) Having the ability to organize bid evaluation.
If the tenderer does not meet the requirements specified in the preceding paragraph, it shall entrust a bidding agency with corresponding qualifications to conduct bidding.
Article 7 If the tenderee organizes the tender for a construction project that must be tendered according to law, it shall submit the relevant materials to the construction administrative department of the local people's government at or above the county level for the record before issuing the tender announcement or invitation letter 15; Where a tenderer entrusts a bidding agency to conduct bidding, it shall report the relevant materials to the construction administrative department of the local people's government at or above the county level for the record within 5 days after the signing of the entrustment contract.
The filing organ shall conduct an audit within 5 days from the date of accepting the filing, and may order the tenderer to temporarily stop the bidding activities if it finds that the tenderer does not have the conditions for self-tendering, the agency does not have the corresponding qualifications, does not have the conditions for pre-tender price, and the tender announcement or invitation letter has major defects.
If the filing authority fails to raise any objection within the time limit, the tenderer may conduct bidding activities.
Article 8 In case of public bidding, the tenderee shall issue a tender announcement. Where a tender is invited, the tenderer shall send an invitation letter to more than three design units.
The tender announcement or invitation to bid shall specify the name and address of the tenderer, the basic requirements of the project subject to tender, the qualification requirements of bidders and the way to obtain the tender documents.
Article 9 The tender documents shall include the following contents:
(1) The name, address, floor space and construction area of the project;
(two) the approved project proposal or feasibility study report;
(3) Engineering economic and technical requirements;
(four) the planning control conditions and land use red line map determined by the urban planning management department;
(5) Report on the survey results of engineering geology, hydrogeology, engineering survey and other construction sites for reference;
(six) water supply, power supply, gas supply, heating, environmental protection, municipal roads and other basic information;
(seven) the time and place of answering questions and visiting the site in the tender documents;
(8) Requirements for preparation of bid documents and evaluation principles;
(9) Deadline for submission of bid documents;
(ten) the main terms of the contract to be signed;
(eleven) compensation measures for unsuccessful schemes.
Article 10 Once the tender documents are issued, the tenderee shall not change them at will. If necessary clarification or modification is really necessary, all recipients of tender documents shall be informed in writing before the deadline for submission of tender documents 15.
Article 11 The time limit for the tenderee to require bidders to submit bid documents is: no less than 45 days for super-grade and first-class construction projects; Construction projects below Grade II shall not be less than 30 days; For conceptual design bidding, not less than 20 days.
Article 12 A bidder shall have the engineering design qualification suitable for the project subject to tender.
Overseas design units participating in domestic construction project design bidding shall be approved by the construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 13 A bidder shall prepare the bidding documents according to the depth requirements of the bidding documents and architectural design documents; Bidding documents for conceptual design shall be prepared in accordance with the requirements of bidding documents.
The bidding documents shall be signed and sealed by registered architects with corresponding qualifications, and stamped with the official seal of the unit.
Article 14 The bid evaluation committee shall be responsible for bid evaluation.
The bid evaluation committee consists of representatives of the tenderee and relevant experts. The number of bid evaluation committees is generally an odd number of five or more, among which technical experts shall not be less than two-thirds of the total number of members.
A bidder or a person interested in a bidder may not participate in the bid evaluation committee.
Fifteenth the State Council construction administrative departments, construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall establish an expert database of architectural engineering design and bid evaluation.
Sixteenth any of the following circumstances, the tender documents are invalid:
(a) the tender documents are not sealed;
(two) without the signature of a registered architect with corresponding qualifications;
(3) No official seal of the bidder;
(4) The unit employed by the registered architect is inconsistent with the bidder.
Article 17 The bid evaluation committee shall, on the premise of meeting the requirements of urban planning, fire protection, energy conservation and environmental protection, compare and evaluate the bidding design scheme in terms of economy, technology, function and appearance in accordance with the requirements of the bidding documents, and determine the optimal design scheme that meets the requirements of the bidding documents.
Eighteenth after the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer.
If public bidding is adopted, the bid evaluation committee will recommend 2 ~ 3 candidate winning schemes to the tenderer.
If invited bidding is adopted, the bid evaluation committee will recommend 1 ~ 2 successful candidates to the tenderer.
Article 19 A tenderer shall determine the bid-winning scheme according to the written bid evaluation report of the bid evaluation committee and the recommended bid-winning candidate scheme, combined with the technical strength and performance of bidders.
The tenderer may also entrust the bid evaluation committee to directly determine the bid winning scheme.
If the tenderer thinks that all the candidate schemes recommended by the bid evaluation committee can't meet the requirements of the bidding documents to the maximum extent, it shall re-invite bids according to law.
Article 20 A tenderer shall issue a bid-winning notice to the winning bidder within 7 days from the date of determining the bid-winning scheme, and notify all bidders who have not won the bid of the bid-winning result.
Twenty-first projects that must be subject to tender according to law, the tenderer shall submit a written report on the bidding situation to the construction administrative department of the local people's government at or above the county level within 5 days from the date of determining the bid winning plan.
Twenty-second for the unsuccessful scheme that meets the requirements stipulated in the tender documents, the tenderer shall specify in the tender announcement whether to give economic compensation and compensation amount to the unsuccessful unit; Where a tender is invited, economic compensation shall be given to the unsuccessful units, and the amount of compensation shall be specified in the tender announcement.
Article 23 A tenderer shall sign an engineering design contract with the winning bidder within 30 days from the date of issuance of the bid-winning notice. If it is really necessary to choose other design units to undertake the construction drawing design, it shall be clearly stated in the tender announcement or invitation letter.
Twenty-fourth the tenderer and the winning bidder who use the unsuccessful scheme shall obtain the consent of the bidder who submitted the scheme and pay the use fee.
Article 25 For a construction project that must be subject to tender according to law, if the tenderee organizes the tender and fails to file with the construction administrative department of the local people's government at or above the county level before issuing the tender announcement or invitation for tender, or entrusts a bidding agency to handle the tender matters, and fails to file with the construction administrative department of the local people's government at or above the county level within 15 after signing the entrustment contract, the construction administrative department of the local people's government at or above the county level shall order it to make corrections and may impose a fine of 1 10,000 yuan or more than 30,00
Article 26 If a tenderer fails to submit a written report on the bidding situation to the construction administrative department of the local people's government at or above the county level within 65 days from the date of determining the bid winning scheme, the construction administrative department of the local people's government at or above the county level shall order it to make corrections and may impose a fine of 1 10,000 yuan but not more than 30,000 yuan.
Article 27 If a tenderer refuses to bid for a project that must be subject to design bidding, or breaks up the project that must be subject to bidding into parts or evades bidding by other means, the construction administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, and may impose a fine of not less than five thousandths but not more than ten thousandths of the contract amount of the project.
Article 28 If a bidding agency commits any of the following acts, the construction administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall impose a fine of not less than 50,000 yuan but not more than 250,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the construction administrative department of the State Council or the construction administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall suspend or even cancel its agency qualification; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law:
(a) before the bid opening, the information and materials related to the tender that should be kept confidential are disclosed;
(2) colluding with the tenderee or the bidder, thereby harming the national interests, social public interests or the interests of the bidder.
If the acts listed in the preceding paragraph affect the bid-winning result, the bid-winning result is invalid.
Article 29 If bidders collude with each other in bidding, or pay bribes to the tenderee or members of the bid evaluation committee in order to win the bid, the bid is invalid, and the construction administrative department of the local people's government at or above the county level shall impose a fine of not less than five thousandths but not more than ten thousandths of the bid amount; If the circumstances are serious, it shall be disqualified from participating in the design bidding of engineering projects that must be subject to tender within one to two years, and shall be announced.
Article 30 Where a member of a bid evaluation committee accepts property or other benefits from a bidder, or discloses information related to the evaluation of the bidding scheme to others, the construction administrative department of the local people's government at or above the county level shall give a warning, confiscate the property received, and may concurrently impose a fine ranging from 3,000 yuan to 50,000 yuan.
If a member of the bid evaluation committee commits one of the acts listed in the preceding paragraph, the competent construction administrative department of the State Council or the competent construction administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall cancel his qualification as a member of the bid evaluation committee, and shall not participate in the bid evaluation of construction project design bidding according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-first construction administrative departments or relevant functional departments of the staff, abuse of power, interfere with the normal bidding activities, given administrative sanctions by their units; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 The construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed implementation rules according to these Measures.
Thirty-third city municipal public works design bidding with reference to these measures.
Thirty-fourth approach by the the State Council municipal construction administrative departments to explain.
Article 35 These Measures shall come into force as of the date of promulgation.
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