The "Measures for the Administration of Tendering and Bidding for Highway Engineering Construction Projects" were adopted at the 23rd Ministry Meeting on December 2 and are hereby announced and will come into effect on February 1. The following is the full text, welcome to read.
Chapter 1 General Provisions
Article 1 is to regulate the bidding activities of highway engineering construction projects and improve the highway engineering construction market management system. According to the Highway Law of the People's Republic of China and the People's Republic of China, "The Tendering and Bidding Law of the People's Republic of China", "Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China" and other laws and administrative regulations, these Measures are formulated.
Article 2 These Measures shall apply to bidding activities such as survey and design, construction, and construction supervision of highway engineering construction projects within the territory of the People's Republic of China.
Article 3 The Ministry of Transport is responsible for the supervision and management of national highway engineering construction project bidding activities.
The transportation department of the provincial people's government is responsible for the supervision and management of bidding activities for highway engineering construction projects within its own administrative region.
Article 4 The transportation authorities at all levels shall, in accordance with relevant national regulations, promote the entry of bidding activities for highway engineering construction projects into a unified public *** resource trading platform.
Article 5 The transportation authorities at all levels shall promote electronic bidding for highway engineering construction projects in accordance with relevant national regulations. Information on bidding and bidding activities shall be made public and subject to public supervision.
Article 6 The bidder or its designated agency for highway engineering construction projects shall audio and videotape the qualification review, bid opening, bid evaluation and other processes and archive them for future reference.
Chapter 2 Bidding
Article 7 The bidder for a highway engineering construction project is the project legal person or other organization that proposes the bidding project and conducts the bidding.
Article 8 For highway engineering construction projects that require project approval and verification procedures in accordance with the relevant national regulations and are subject to bidding according to law, the bidder shall follow the bidding scope, bidding method, and bidding methods determined by the project approval and verification department. Bidding is carried out in the form of bidding organization.
Only after the highway engineering construction project has completed the project approval or approval procedures can the survey and design bidding be carried out; after the preliminary design documents are approved, the construction supervision, design and construction general contracting bidding can be carried out; after the construction drawing design documents are approved, , construction bidding can be launched.
If the pre-qualification method is adopted for construction bidding, pre-qualification can be carried out after the preliminary design documents are approved.
Article 9: Highway engineering construction projects that fall under any of the following circumstances may not be subject to bidding:
(1) Involving national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds Special circumstances such as the implementation of work-for-relief and the need to use migrant workers;
(2) The need to use irreplaceable patents or proprietary technologies;
(3) The purchaser himself has the project Qualifications and abilities to construct or provide services, and meet statutory requirements;
(4) Franchise project investors who have been selected through bidding are able to construct or provide services on their own in accordance with the law;
(5) It is necessary to purchase projects or services from the original winning bidder, otherwise the construction or functional supporting requirements will be affected;
(6) Other special circumstances stipulated by the state.
The tenderer shall not engage in fraud or avoid bidding in order to apply the provisions of the preceding paragraph.
Article 10: If public bidding is adopted for highway engineering construction projects, in principle, the post-qualification review method will be used to review the qualifications of bidders.
Article 11 Public bidding for highway engineering construction projects through pre-qualification shall be conducted in accordance with the following procedures:
(1) Preparation of pre-qualification documents;
(2) Publish the pre-qualification announcement, sell pre-qualification documents, and disclose the key contents of the pre-qualification documents;
(3) Receive pre-qualification application documents;
(4) Establish a qualification review The committee conducts a qualification review of pre-qualification applicants, and the qualification review committee prepares a qualification review report;
(5) Based on the results of the qualification review, issue invitations to bid to applicants who have passed the pre-qualification review; to applicants who have not passed the pre-qualification review. Issue a notice of pre-qualification results to the applicant, informing the basis and reasons for failure;
(6) Prepare bidding documents;
(7) Sell bidding documents and make the bidding documents public Key content;
(8) When necessary, organize potential bidders to visit the project site and hold a preparatory meeting for bidding;
(9) Receive bid documents and open the bid publicly;
(10) Establish a bid evaluation committee to evaluate bids, and the bid evaluation committee will prepare bid evaluation reports and recommend winning candidates;
(11) Publicize relevant information about winning candidates;
(12) Determine the winning bidder;
(13) Prepare a written report on the bidding situation;
(14) Issue a bid winning notice to the winning bidder and at the same time notify the winning bidder Notify all unsuccessful bidders of the results;
(15) Enter into a contract with the winning bidder.
For public bidding using the post-qualification review method, after completing the preparation of bidding documents and issuing a bidding announcement, it shall be carried out in accordance with the procedures (7) to (15) of the preceding paragraph.
If invitational bidding is adopted, after the preparation of the bidding documents and the issuance of the invitation to bid, procedures (7) to (15) of the preceding paragraph shall be followed.
Article 12 If pre-qualification is adopted for highway construction projects in which state-owned funds hold a controlling or dominant position and must be subject to bidding according to law, the tenderer shall establish a qualification review committee in accordance with relevant regulations to review the pre-qualification application documents. The qualification review committee’s expert selection and qualification review work requirements shall be governed by the provisions of these Measures on the bid evaluation committee.
Article 13 The pre-qualification review method adopts the qualified system in principle.
If the pre-qualification examination method adopts the qualification system, all applicants who meet the examination standards specified in the pre-qualification documents shall pass the pre-qualification examination.
Article 14 After the pre-qualification review work is completed, the qualification review committee shall prepare a qualification review report. The qualification review report shall state the following contents:
(1) Basic information of the bidding project;
(2) List of members of the qualification review committee;
(3) List of supervisors;
(4) Submission of pre-qualification application documents;
(5) List of applicants who have passed the qualification review;
(6) Not yet List of applicants who passed the qualification review and the reasons for failure;
(7) Scoring situation;
(8) Clarification and explanation matters minutes;
(9) Other matters that need to be explained;
(10) Qualification review schedule.
Except for items (1), (3), and (4) specified in the preceding paragraph, all members of the qualification review committee shall sign the qualification review report page by page.
Article 15 If a pre-qualification applicant has any objection to the pre-qualification review result, he or she shall raise it within 3 days after receiving the notification of the pre-qualification result. The tenderer shall respond within 3 days from the date of receipt of the objection; before issuing a reply, the tendering activities shall be suspended.
If the tenderee has not received any objection or has received an objection and has made a reply, it shall promptly issue a bidding invitation to the applicant who has passed the pre-qualification review. Applicants who have not passed pre-qualification are not eligible to bid.
Article 16 For highway engineering construction projects that require bidding according to law, the bidder shall prepare pre-qualification documents and bidding documents based on the standard text formulated by the Ministry of Transport and in combination with the specific characteristics and actual needs of the bidding project. .
The pre-qualification documents and bidding documents shall specify detailed evaluation procedures, standards and methods, and the tenderer shall not formulate separate evaluation rules.
Article 17 The bidder shall, in accordance with the regulations of the transportation department of the provincial people's government, submit the pre-qualification documents and their clarifications and modifications, and the bidding documents and their clarifications and modifications to the corresponding transportation department. Filing.
Article 18 The bidder shall, starting from the date when the pre-qualification documents or bidding documents go on sale, upload their key contents to the government website of the transportation department with bidding supervision responsibilities or other websites designated by it. The disclosure shall be made online. The disclosure shall include project overview, qualification requirements for applicants or bidders, qualification review methods, bid evaluation methods, bidder contact information, etc. The disclosure time shall be 2 days before the deadline for submitting pre-qualification application documents or the deadline for bidding. Ends 10 days ago.
If the clarification or modification of the pre-qualification documents or bidding documents issued by the tenderer involves the disclosure content specified in the preceding paragraph, the tenderer shall record the clarified or modified content with the transportation department. Upload to the website specified in the preceding paragraph.
Article 19 Potential bidders or other interested parties may raise objections to prequalification documents or bidding documents in accordance with relevant national regulations. The tenderer shall provide a written reply to the objection. If a written reply is not provided within the specified time, the deadline for submission of pre-qualification application documents or the deadline for bidding shall be postponed.
If the tenderer’s written reply involves affecting the preparation of pre-qualification application documents or bidding documents, the deadline for submitting pre-qualification application documents or the deadline for bidding shall be adjusted in writing in accordance with the relevant clarification or modification regulations. Notify all potential bidders who have obtained pre-qualification documents or bidding documents.
Article 20 The bidder shall reasonably divide the bidding sections, determine the construction period, propose quality and safety target requirements, and state these in the bidding documents. The division of bid sections should be conducive to project organization and construction management, as well as the connection and cooperation of various disciplines. The division of bid sections shall not be used to avoid bidding, restrict or exclude potential bidders.
The tenderer may conduct general contracting bidding for design and construction, general contracting bidding for construction, or professional bidding.
Article 21 The tenderer shall combine the specific characteristics and actual needs of the bidding project to set the qualifications, performance, key personnel, financial capabilities, contract performance reputation and other qualifications of potential bidders or bidders, and shall not Restricting or excluding potential bidders or bidders with unreasonable conditions.
Except for the circumstances stipulated in Article 32 of the "Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China", if the tenderer commits any of the following acts, it shall be deemed as restricting or excluding people with unreasonable conditions. Potential bidders or bidders:
(1) The set qualifications, performance, key personnel, financial capabilities, contract performance reputation and other qualifications, technology and business conditions are not consistent with the specific characteristics and actual needs of the bidding project Adapt to or have nothing to do with the performance of the contract;
(2) Mandate potential bidders or specific personnel such as the bidder’s legal representative, business leader, technical director, etc. to purchase pre-qualification documents, bidding documents or participate in Bid opening activities;
(3) Restrict potential bidders or bidders from entering the project location to bid by setting up unreasonable conditions such as filing, registration, registration, and branch establishment that are not based on laws and administrative regulations.
Article 22 The tenderer shall reasonably determine the number and qualification requirements for the bidder’s key personnel and other management and technical personnel in accordance with relevant national regulations and in conjunction with the specific characteristics and actual needs of the bidding project. The main personnel intended to be invested by the bidder shall be reported in the bidding document, and the specific candidates for other management and technical personnel shall be determined by the tenderer and the winning bidder during the contract negotiation stage. For the main projects of particularly complex extra-large bridges and extra-long tunnel projects and other projects with special requirements, the tenderer may require bidders to fill in other management and technical personnel in the bidding documents.
The main personnel referred to in these measures refer to project management and technical leaders such as the design leader, chief supervisory engineer, project manager, and project chief engineer.
Article 23 The tenderer may decide on its own whether to prepare a minimum bid or set a maximum bid limit. The tenderer shall not set a minimum bid price.
Intermediaries that are entrusted to prepare the minimum bid or maximum bid limit shall not participate in the bidding of the project, nor shall they prepare bidding documents or provide consultation to the bidders of the project.
Article 24 The tenderer shall strictly abide by the relevant laws and administrative regulations on the collection of various deposits, and state the form, amount and return time of the deposit in the bidding documents.
The tenderer shall not add a deposit in any name or disguised form, or arbitrarily change the deposit collection form, amount and return time stated in the bidding documents. The tenderer shall not collect any form of deposit during the pre-qualification period.
Article 25 If the tenderer requires the bidder to submit a bid deposit in the bidding document, the bid deposit shall not exceed 2% of the estimated price of the bidding section. The validity period of the bid bond shall be consistent with the validity period of the bid.
If bidders of highway engineering construction projects that are required to invite bids according to law submit bid deposits in the form of cash or checks, they shall transfer them from their basic accounts. If the bid deposit submitted by a bidder does not meet the requirements of the bidding documents, his bid shall be rejected.
The tenderer shall not misappropriate the bid security deposit.
Article 26 The tenderer shall, in accordance with the relevant national laws and regulations, clearly specify in the tender documents the projects and services that are allowed to be subcontracted or not subcontracted, the qualifications that the subcontractor must meet and the requirements for Management requirements for subcontracted implementation.
The tenderer shall not set any discriminatory clauses against subcontracting in the bidding documents.
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(2) Set deduction clauses for bidders’ subcontracting plans that comply with laws, regulations and bidding documents;
(3) Conduct evaluations on bidders based on the scale of subcontracting workload Differential scoring;
(4) Restricting bidders from subcontracting with other unreasonable conditions.
Article 27 The tenderer shall reasonably divide the risks of both parties in the bidding documents, and shall not set up unreasonable clauses that transfer the risks that should be borne by the tenderer to the survey, design, construction, supervision and other bidders. The bidding documents should set up reasonable price adjustment clauses, clearly stipulate the contract price payment period, interest payment standard and date, and ensure the equal status of both parties.
Article 28 The tenderer shall reasonably set bid evaluation standards and methods in the bidding documents based on the specific characteristics of the bidding project and the relevant provisions of these Measures. The bid evaluation standards and methods shall not contain content that favors or excludes potential bidders, and shall not hinder or restrict competition among bidders. It is prohibited to use lottery, lotteries and other gambling methods to directly determine the winning bidder.
Article 29 If the projects, goods, and services included in the scope of bidding projects in the form of provisional valuations fall within the scope of projects that must be bid according to law and meet the national scale standards, bidding shall be conducted in accordance with the law. The contract terms of the bidding project shall stipulate the entity responsible for implementing the bidding of the tentatively valued project and the corresponding bidding procedures.
Chapter 3 Bidding
Article 30 Bidders are legal persons or other organizations that respond to bidding and participate in bidding competitions.
Bidders should meet the qualifications specified in the bidding documents and have the corresponding ability to undertake the projects they bid for.
Article 31 The qualifications, performance, qualifications of key personnel, current employment status, credit rating and other information reported by the bidder in the bidding documents shall be consistent with the information in the highway construction market credit information management of the transportation department. The relevant information reported and published on the system is consistent.
Article 32 The bidder shall bind and seal the bidding documents in accordance with the requirements of the bidding documents, and deliver the bidding documents to the tenderer in accordance with the time, place and method specified in the bidding documents.
Bidding documents for highway engineering survey, design and construction supervision bidding shall be sealed in double envelopes. The first envelope shall contain business documents and technical documents, and the second envelope shall contain quotation documents.
For highway project construction bidding, if the bidder uses the pre-qualification method to conduct bidding and the bid evaluation method is the technical score and the lowest bid method, or if the bid invitation method uses the post-qualification review method, the bidding documents shall be in the form of double envelopes. Seal, the first envelope contains business documents and technical documents, and the second envelope contains quotation documents.
Article 33 After the bid documents are delivered as required, if the bidder modifies or withdraws the bid documents before the bid deadline specified in the bid invitation documents, the bidder shall notify the tenderee in a written letter.
The letter for modifying the bid document is an integral part of the bid document. Its preparation form, sealing method, delivery time, etc. shall be subject to the provisions of the bid document.
If the bidder withdraws the bid document before the bid deadline and the bidder has collected the bid deposit, the bidder shall return the bid deposit within 5 days from the date of receipt of the bidder's written withdrawal notice.
If the bidder withdraws the bidding documents after the bidding deadline, the tenderer may not refund the bid deposit.
Article 34 If a bidder plans to subcontract part of the work of the winning project after winning the bid, according to the subcontracting provisions of the bidding documents, it shall be stated in the bidding documents.
For projects or services that are not included in the subcontracting plan in the bid documents, the bidder shall not subcontract after winning the bid, unless otherwise provided by laws, regulations or bidding documents.
Chapter 4 Bid Opening, Bid Evaluation and Bid Winning
Article 35 The bid opening shall be held publicly at the same time as the deadline for submission of bid documents specified in the bidding documents; the bid opening location shall be A location predetermined in the tender documents.
If there are less than 3 bidders, the bid shall not be opened, and the bid documents shall be returned to the bidders on the spot; the tenderer shall invite bids again.
Article 36 The bid opening shall be hosted by the tenderee and all bidders shall be invited to participate. The bid opening process should be recorded and archived for future reference. If a bidder has any objection to the bid opening, it shall raise it at the bid opening site, and the tenderee shall respond on the spot and make a record. Bidders who do not participate in the bid opening will be deemed to have no objection to the bid opening process.
Article 37 If the bidding documents are sealed in double envelopes in accordance with the provisions of the bidding documents, the bid opening shall be conducted publicly in two steps:
In the first step, the business information in the first envelope shall be The documents and technical documents will be opened for bids, and the second envelope will not be opened and will be sealed by the tenderer;
The second step is to announce the list of bidders who have passed the review of business documents and technical documents, and the second envelope will be opened. The bid documents contained in the bid will be opened and the bid price will be read out. If the bidder fails to pass the review of business documents and technical documents, the second envelope will not be opened and will be returned to the bidder on the spot; if the bidder does not participate in the bid opening of the second envelope, the tenderer shall promptly return the second envelope to the bidder after the bid evaluation is completed. Return intact to the bidder.
Article 38 The tenderer shall establish a bid evaluation committee in accordance with relevant national regulations to be responsible for the bid evaluation work.
For highways, first-class highways, independent bridges and independent tunnel projects approved or approved by the state, the bid evaluation committee experts shall be randomly selected by the bidder from the relevant majors in the national key highway project construction project bid evaluation expert database. ; Experts on the bid evaluation committee for other highway engineering construction projects can be randomly selected from the relevant majors in the provincial highway engineering construction project bid evaluation expert database, or they can be randomly selected from the relevant majors in the national key highway engineering construction project bid evaluation expert database.
For special bidding projects that are technically complex, highly professional, or have special national requirements, and it is difficult for the bid evaluation experts to be determined by random selection to be competent in the bid evaluation work, they can be directly determined by the bidder.
Article 39 The Ministry of Transport is responsible for the management of the bid evaluation expert database for national key highway project construction projects.
The transportation department of the provincial people's government is responsible for the management of the expert database for bid evaluation of highway engineering construction projects in its administrative region.
Article 40 The bid evaluation committee shall democratically recommend a chairman who is responsible for organizing the members of the bid evaluation committee to carry out bid evaluation work. The chairman of the bid evaluation committee has the same rights and obligations as other members of the bid evaluation committee.
Article 41 The tenderee shall provide the bid evaluation committee with the information necessary for bid evaluation, but shall not express or imply its preference for or exclude specific bidders.
The information necessary for bid evaluation mainly includes bidding documents, clarifications or modifications of bidding documents, bid opening records, bid documents, and prequalification documents.
The tenderer can assist the bid evaluation committee to carry out the following work and provide relevant information:
(1) Prepare corresponding forms for bid evaluation based on the bidding documents;
(2) Bid quotation Carry out arithmetic verification;
(3) Based on the bid evaluation standards and methods, list all deviations between the bid documents and the bidding documents, and classify and summarize them;
(4) Query the highway construction market credit information management system to verify the bidder's qualifications, performance, qualifications of key personnel, current employment status, and credit rating.
The tenderer shall not make any comments on the bid documents, shall not intentionally omit or make one-sided excerpts, and shall not reveal the name of the bidder with deviations before the bid evaluation committee has characterized all deviations.
The bid evaluation committee shall comprehensively and independently review all bid documents in accordance with the provisions of the bid invitation documents, and verify the above-mentioned relevant information provided by the bidder. If any errors or omissions are found, they shall be corrected.
Article 42 The bid evaluation committee shall evaluate bids in accordance with the bid evaluation standards and methods determined in the bidding documents. Bid evaluation standards and methods not specified in the bidding documents shall not be used as the basis for bid evaluation.
Article 43 In the bidding for highway engineering survey, design and construction supervision, the comprehensive evaluation method shall be used to evaluate the bids, and the bidders’ business documents, technical documents and quotation documents shall be scored, and the bids shall be evaluated in order of comprehensive scores. To the lowest ranking, the winning bidders are recommended. The scoring weight of the bid evaluation price should not exceed 10%, and the bid evaluation score should be calculated based on the degree of deviation between the bid evaluation price and the bid evaluation benchmark price.
Article 44 When bidding for highway project construction, the comprehensive evaluation method or the reviewed lowest bid price method shall be used for bid evaluation. Comprehensive evaluation methods include reasonable low price method, technical score lowest bid method and comprehensive score method.
The reasonable low price method means that the bidders who have passed the preliminary evaluation will no longer be evaluated on factors such as construction organization design, project management organization, technical capabilities, etc., and the bids will be evaluated only based on the bid evaluation benchmark price. Score the bids, sort them from high to low, and recommend the bid evaluation method for successful bidders.
The lowest bid price method with technical score refers to scoring the construction organization design, project management organization, technical capabilities and other factors of the bidders who have passed the preliminary review. The bidders who have passed the preliminary review are ranked in order from high to low. The bid documents of bidders within the number specified in the document will be reviewed, and the bid evaluation methods of the successful bidders will be recommended in order from low to high evaluation price. The number of bidders specified by the tenderer in the bidding documents to participate in the evaluation of quotation documents shall not be less than 3.
The comprehensive scoring method refers to scoring the bidders who have passed the preliminary review on factors such as bid price, construction organization design, project management organization, and technical capabilities. The bidders are ranked from high to low according to the comprehensive score. It is recommended. Methods for evaluating bids for successful bidders. The scoring weight of the evaluation bid shall not be less than 50%.
The reviewed lowest bid price method refers to a bid evaluation method that recommends bidders who have passed the preliminary review in order from low to high according to the evaluated bid price.
In highway project construction bidding evaluation, the reasonable low price method or the lowest technical rating price method is generally adopted. The comprehensive scoring method can be used for the main projects of extremely large bridges and extremely long tunnel projects that are particularly technically complex. For projects with smaller scale and lower technical content, the reviewed lowest bid price method can be used.
Article 45 When conducting design and construction general contracting bidding, the bidder shall determine the bid evaluation method based on the engineering geological conditions, technical characteristics and construction difficulty.
The bid evaluation for design and construction general contracting uses a comprehensive scoring method. The scoring factors include bid price, project management organization, technical capabilities, optimization suggestions for design documents, design and construction general contracting management plan, and construction organization. Design and other factors, the scoring weight of the bid evaluation shall not be less than 50%.
Article 46 Members of the bid evaluation committee shall perform their duties objectively, fairly and prudently and abide by professional ethics. Members of the bid evaluation committee shall complete the bid evaluation work item by item in accordance with the evaluation order and content stipulated in the bid evaluation methods, and shall be responsible for the fairness, objectivity, and accuracy of their evaluation opinions and scores.
In addition to the bid price evaluation and contract performance credit scoring items, the scores of the bidder’s commercial and technical factors by the members of the bid evaluation committee shall generally not be less than 60% of the full score for this factor specified in the bidding documents; a low score If the full score is less than 60%, members of the bid evaluation committee shall make explanations in the bid evaluation report.
The tenderer shall record the performance of the duties of the members of the bid evaluation committee in the bid evaluation activities and state this in the written report on the bidding status.