Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC) and relevant laws, regulations and rules in order to standardize the bidding activities of construction project design, improve the design quality of construction projects and reflect fair and orderly competition.
Article 2 These Measures shall apply to the tendering and bidding of construction project design and its management activities within the territory of People's Republic of China (PRC).
These measures are not applicable to academic project scheme design competitions or "creative solicitation" activities that have no direct causal relationship with the next design work of the project.
Article 3 The term "bidding and tendering for construction project design" as mentioned in these Measures refers to the activities of bidding and tendering for construction project design according to the laws, regulations and rules related to bidding and tendering.
Article 4 In case of any of the following circumstances, a construction project that requires government approval in accordance with state regulations may not be subject to tender with the approval of relevant departments:
Involving national security and state secrets;
(2) Involving emergency rescue and disaster relief;
(three) the use of major technologies, specific patents, proprietary technologies, or architectural art has special requirements;
(four) the technology is complex or professional, and there are less than three design institutions that can meet the requirements and cannot form effective competition;
(five) renovation, expansion or technical transformation projects designed by other design institutions that affect the functional compatibility of the project;
(six) other circumstances in which the design bidding is prohibited by laws and regulations.
Article 5 The competent construction department of the State Council shall be responsible for the unified supervision and management of the national construction project design bidding activities. The competent construction departments of the people's governments at or above the county level shall supervise and manage the bidding activities of construction project design within their respective administrative areas according to law.
See Annex 1 for the management flow chart of bidding for architectural engineering scheme design.
Sixth construction project design should be guided by Scientific Outlook on Development, fully implement the principle of applicability, economy and beauty. The design scheme of construction projects should be compatible with the local economic development level, and actively encourage the use of energy-saving, land-saving, water-saving, material-saving and environmental protection technologies.
Seventh construction project design bidding activities should follow the principles of openness, fairness, justice, merit, honesty and credibility.
Eighth construction project design should strictly implement the "Regulations on the quality management of construction projects", "Regulations on the management of construction project survey and design" and national mandatory standards; Comply with the current building construction standards, design specifications (regulations) and the corresponding design document preparation depth requirements stipulated in these Measures.
Chapter II Bidding
Ninth construction project design bidding methods are divided into public bidding and invitation bidding.
All construction projects invested with state-owned funds or in which state-owned funds occupy a controlling or leading position, as well as national key projects determined by the development and reform department of the State Council and local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, shall be subject to public bidding, in addition to meeting the conditions stipulated in Articles 4 and 10 of these Measures and being approved according to law.
Tenth construction projects that must be open to tender according to law may be invited to tender under the following circumstances:
(a) the project is technical and professional, or the environment and resources are special, and the number of qualified potential bidders is limited;
(two) if the public bidding method is adopted, the construction project cost accounts for a large proportion of the total investment of the project;
(three) limited by natural factors, such as the use of public bidding, affecting the timing of the implementation of construction projects;
(four) the provisions of laws and regulations are not suitable for public bidding.
By inviting tenders, the tenderer shall ensure that there are more than three institutions with the ability to undertake the design of the project subject to tender and the corresponding qualifications to participate in the tender.
Article 11 According to the design conditions and design depth, the bidding types of architectural engineering scheme design can be divided into two types: conceptual scheme design bidding and implementation scheme design bidding.
The tenderer shall clearly indicate the type of tender to be adopted in the tender announcement or invitation to tender.
Twelfth construction project design bidding shall meet the following conditions:
(a) in accordance with the relevant provisions of the state, it is necessary to perform the project examination and approval procedures and have obtained approval;
(two) the design funds have been implemented;
(3) Basic design data have been collected;
(4) It meets other conditions stipulated by relevant laws and regulations.
The bidding conditions for conceptual scheme design and implementation scheme design of construction projects are detailed in Annex II of these Measures.
Thirteenth public bidding project, the tenderer shall publish a tender announcement in the designated media. The tender announcement of large-scale public construction projects shall be published in the media designated by the state in accordance with the relevant provisions.
Fourteenth bidders to fill in the tender notice or invitation to bid shall be true, accurate and complete.
The main contents of the tender announcement or invitation letter shall include: general situation of the project, tender method, tender type, tender content and scope, scope of design tasks undertaken by bidders, requirements for bidders' qualifications, experience and performance, requirements for bidders' registration, fees for tender documents, time for bidding registration, deadline for submitting prequalification application documents, deadline for bidding, etc.
Please refer to Annex 3 of these Measures for details of the tender announcement and the sample of the invitation for bid for the design of the construction project scheme.
Article 15 A tenderer shall issue tender documents or pre-qualification documents at the time and place specified in the tender announcement or invitation to bid. It shall not be less than 5 working days from the date of issuance of the tender documents or pre-qualification documents to the date of suspension.
Sixteenth large public * * * construction projects or construction projects with a large number of bidders can be pre-qualified. If prequalification is adopted, the tenderer shall make it clear in the tender announcement and issue prequalification documents. A tenderer may not exclude potential bidders through pre-qualification.
If there are too many bidders, and the tenderer conducts pre-qualification, the tenderer shall specify the number of bidders required for pre-qualification in the tender announcement. When the tenderer fails to specify in the tender announcement or the number of bidders actually registered does not reach the number specified in the tender announcement, the tenderer shall not conduct pre-qualification.
Pre-qualification must be audited by professionals. Pre-qualification evaluation does not use scoring method, only "passed" and "failed". If less than three bidders have passed the prequalification, the tenderer shall revise and publish the new prequalification conditions and conduct the prequalification again until three or more bidders have passed the prequalification. Under special circumstances, if the tenderee cannot re-formulate new prequalification conditions, it must be implemented in accordance with relevant national laws and regulations.
See Annex 4 of these Measures for samples of pre-qualification documents of construction project design bidding.
Article 17 A tenderer shall prepare tender documents according to the characteristics and needs of a construction project. The tender documents include the following contents:
(1) Instructions for Bidding
(2) Requirements of bidding technical documents
(3) Requirements of bidding business documents
(four) evaluation and calibration standards and methods.
(five) design contract award and tender compensation explanation
The tenderer shall clearly implement the design fee standards stipulated by the state in the tender documents or provide a unified calculation base price for the bidder's design fee.
For large-scale public construction projects invested by the government or state-owned funds, the tenderee shall make it clear in the tender documents that the design scheme participating in the bidding must include special reports on the use function, building energy efficiency, project cost and operation cost.
Sample description of design bidding documents, content and depth requirements of bidding technical documents and contents of bidding commercial documents are shown in Annexes 5, 6 and 7 of these Measures.
Article 18 A tenderer and a tendering agency shall report the tender announcement or invitation letter and tender documents stamped with the official seal of the unit to the competent construction department where the project is located for the record. Construction departments at all levels shall supervise the bidding activities.
Article 19 The winning bidder of conceptual scheme design bidding or implementation scheme design bidding shall undertake the design and service work of the scheme and subsequent stages in accordance with the requirements of the bidding documents. However, if the winning bidder is an enterprise outside People's Republic of China (PRC), and it undertakes the design and service work in the subsequent stage, it shall be implemented in accordance with the Interim Provisions on the Administration of Foreign Enterprises Engaged in Construction Engineering Design Activities in People's Republic of China (PRC) (Jianshi [2004] No.78).
If the tenderer only requires the winning bidder to undertake the design in the scheme stage, and no longer entrusts the winning bidder to undertake or participate in the engineering design business in the subsequent stage, it shall clearly state it in the tender announcement or invitation for bid, and explain the design fee paid to the winning bidder. In case of bidding for scheme design of a construction project, the tenderee shall pay the bid winner according to the payment standard of scheme stage design fee stipulated by the state. Where a conceptual scheme design of a construction project is adopted for bidding, the tenderer shall pay the winning bidder 80% of the design fee standard for the scheme stage stipulated by the state.
Chapter III Bidding
Twentieth bidders participating in the design of construction projects shall have the following qualifications:
(1) An enterprise registered in People's Republic of China (PRC) shall have the qualification certificate of architectural engineering design or the qualification certificate of architectural professional firm issued by the competent department of construction, and participate in the bidding activities of architectural engineering project scheme design in accordance with the prescribed grade and scope.
(2) Enterprises registered inside and outside People's Republic of China (PRC) shall be members recommended by architectural design industry associations or organizations in their countries or regions. The recommended list of its trade associations or organizations shall be confirmed by the construction unit.
(3) All parties to various forms of bidding consortium shall meet the above requirements. The tenderer shall not force bidders to form a consortium to bid together, and shall not restrict bidders from forming a consortium to participate in bidding.
The tenderer may, according to the actual situation of the project, specify other qualifications of bidders in the tender announcement or invitation to bid.
Twenty-first international bidding, should not be artificially set conditions to exclude domestic bidders.
Article 22 A bidder shall submit his bid documents in accordance with the content and depth determined in the tender documents.
Article 23 Where a tenderer requires bidders to submit alternative plans, it shall specify the corresponding evaluation and comparison methods in the tender documents.
If the tender documents do not clearly stipulate that alternative plans are allowed to be submitted, the bidder shall not submit alternative plans. If the bidder submits alternative plans without authorization, the tenderer will reject all plans submitted by the bidder.
Twenty-fourth construction project conceptual design bidding documents are generally not less than twenty days, including large public conceptual design bidding documents are generally not less than forty days; The preparation of bidding documents for the implementation scheme design of construction projects is generally not less than forty-five days. If the preparation time specified in the tender documents does not meet the above requirements, the competent construction department shall not put it on record.
Chapter IV Opening, Evaluation and Calibration
Article 25 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents stipulated in the tender documents; Except for force majeure, the tenderer shall not delay the bid opening or refuse the bid opening for any reason.
See Annex 8 of these Measures for the bid opening procedures of construction project design bidding.
Twenty-sixth tender documents in any of the following circumstances, the tender documents as invalid, the tenderer will not be accepted:
(a) overdue or not delivered to the designated place;
(two) the tender documents are not sealed according to the requirements of the tender documents;
(three) other circumstances in violation of the relevant provisions.
Twenty-seventh a tenderer or a procuratorial agency shall set up a bid evaluation committee according to the characteristics and needs of the project subject to tender, and its composition shall comply with the provisions of relevant laws, regulations and these Measures:
(1) The composition of the bid evaluation committee shall include the tenderee and experts in construction, planning, structure, economy, equipment and other aspects related to the design of the construction project. Experts in environmental protection, energy saving and fire fighting should be added to large-scale public building projects. The judges should be mainly construction experts, and the number of technical and economic experts should account for more than two-thirds of the total number of judges;
(2) The number of bid evaluation committees shall be more than 5, and the number of bid evaluation committees for large-scale public construction projects shall not be less than 9;
(III) Large-scale public * * construction projects or construction projects with certain social impact, as well as construction projects with particularly complex technology and high professional requirements, if the experts randomly selected are incompetent, the tenderee may directly determine them from the design senior expert database with the approval of the competent department, and may invite foreign or overseas senior experts to participate in bid evaluation when necessary.
Article 28 The bid evaluation committee must conduct bid evaluation in strict accordance with the bid evaluation standards and methods determined in the tender documents. Judges should follow the principles of fairness, impartiality, objectivity, science, independence and seeking truth from facts.
Evaluation criteria mainly include the following aspects:
(1) Analyze and evaluate the scheme design according to the requirements of relevant technical specifications and standards;
(two) a comprehensive review of the design level, design quality and responsiveness to the tender objectives;
(three) to analyze and evaluate the social benefits, economic benefits and environmental benefits of the scheme;
(four) to analyze and evaluate the safety and rationality of the structural design of the scheme;
(five) analysis and evaluation of the rationality of the investment estimate;
(six) comparative analysis of the accuracy and economic and technical indicators of the plan;
(seven) analysis and evaluation of measures to ensure the quality of design, cooperate with the implementation of the project, and provide quality services;
(eight) to review the invalid or rejected bid documents.
The bid evaluation methods mainly include secret ballot, ranking method and percentage comprehensive evaluation method. The tenderer may determine the bid evaluation method according to the actual situation of the project. See Annex 9 for the bid evaluation methods and implementation steps.
Twenty-ninth design bidding and bid evaluation activities shall meet the following requirements:
(a) the tenderer shall ensure that the bid evaluation experts have enough time to review the bid documents, and the review schedule shall be suitable for the complexity of the project, the design depth, the number of bidders who submit effective targets and the number of bidders who submit design schemes.
(2) The bid evaluation shall be presided over by the person in charge of the bid evaluation committee, who shall determine a senior technical expert from the bid evaluation committee and recommend the minutes of the bid evaluation meeting from the technical judges.
(3) The bid evaluation shall be conducted in strict accordance with the bid evaluation standards and methods specified in the tender documents. In addition to the mandatory provisions of relevant laws, regulations and national standards, standards and methods other than those stipulated in the tender documents shall not be cited for bid evaluation.
(4) In the process of bid evaluation, when the bid evaluation committee has doubts about the bid documents and needs to ask the bidders questions, the bidders can be present to explain or clarify the relevant contents of the bid documents.
(5) In the process of bid evaluation, once a bidder is found to exert undue influence on the tenderee, members of the bid evaluation committee or other relevant personnel, the bid evaluation committee has the right to reject the bidder's bid.
(6) A bidder shall not interfere with bid evaluation activities in any form, otherwise the bid evaluation committee has the right to reject the bidder's bid.
(7) The tenderee may invite deputies to the National People's Congress, members of the CPPCC and public representatives to attend the landmark buildings with great social impact invested or financed by the state and accept social supervision. However, the participants in the meeting will not express their opinions on the bid evaluation, nor will they interfere with the independent bid evaluation work of the bid evaluation committee in any way.
Thirtieth large-scale public * * * construction projects in any of the following circumstances, the tenderer can be in the process of bid evaluation of planning, safety, technology, economy, structure, environmental protection, energy saving and other aspects of special technical demonstration:
(a) whether the design scheme is suitable for the construction of the surrounding areas along the main landscape roads in important areas;
(two) there are significant uncertainties in the design scheme in terms of safety, technology, economy, structure, materials, environmental protection and energy saving;
(three) there are special requirements, the need for technical demonstration of the design.
For general construction projects, when necessary, the tenderee can also conduct special technical demonstration involving one or more aspects such as safety, technology, economy, structure, materials, environmental protection, energy saving, etc., so as to ensure the safety and rationality of the construction scheme.
Thirty-first tender documents in any of the following circumstances, after review by the bid evaluation committee as a waste or rejected:
(a) the tender letter in the tender documents does not have the official seal (valid signature) of the bidder, the valid signature of the legal representative of the bidder and the valid signature of a registered architect without corresponding qualifications; Or the original legal and valid power of attorney without valid signature authorized by the legal representative of the bidder;
(2) Bidding in the form of consortium without submitting the consortium agreement signed by * * * to the tenderer;
(three) the composition of the bidding consortium has changed after the pre-qualification;
(four) there are substantial differences in the name and organizational structure between the bidder and the prequalification applicant indicated in the tender documents;
(5) Failing to fill in the format specified in the tender documents, with incomplete contents, failing to respond to the substantive requirements and conditions of the tender documents, and failing to pass the evaluation by the bid evaluation committee;
(six) in violation of the relevant provisions of the preparation of tender documents, which may have a substantial impact on the bid evaluation work;
(seven) colluding with other bidders or colluding with the tenderer;
(eight) bidding in the name of others, or practicing fraud in other ways;
(nine) failing to submit a bid bond as required by the tender documents;
(10) The bid validity promised in the bid documents is shorter than that stipulated in the tender documents;
(eleven) commercial bribery in the bidding process;
(twelve) other violations of the requirements of the substantive provisions of the tender documents.
When the bid evaluation committee confirms that the bid documents are invalid, it shall be signed by more than two thirds of the judges.
Thirty-second in any of the following circumstances, the tenderer shall re tender according to law:
(a) All bids are rejected or rejected;
(2) After being determined as unqualified or invalid by the bid evaluation committee, the bid evaluation committee decided to reject all bids due to the obvious lack of competition due to the lack of three effective bidders;
(3) There are less than three bidders who agree to extend the bid validity period.
In case of the first item in the preceding paragraph, the bid evaluation committee shall specify the reasons for all bids being rejected or rejected in the bid evaluation minutes.
If the tenderer re-bids according to law, and the bidder commits illegal or serious violations such as collusion in bidding, fraud, bribery, price reduction and fraud, his qualification for re-bidding shall be cancelled.
Article 33 The bid evaluation committee shall recommend qualified candidates for winning the bid to the tenderer in accordance with the following provisions:
(a) adopt open and invited bidding, recommend 1 to 3 people;
(2) The tenderer may also entrust the bid evaluation committee to directly determine the winning bidder.
(3) After review by the Bid Evaluation Committee, it is considered that the bidding documents do not respond to the requirements of the bidding documents to the maximum extent, and the time for re-tendering is not allowed. With the consent of the Bid Evaluation Committee, the judges can select more than three bidders to carry out the scheme optimization design by secret ballot of natural majority. After re-evaluating the optimized design scheme, the bid evaluation committee recommends qualified candidates for winning the bid.
Thirty-fourth construction departments at all levels shall publicize the ranking order in the designated media within/0/5 days after the end of bid evaluation, and publicize the recommended bid winning scheme, the list of bid evaluation experts and expert evaluation opinions. The publicity period is 5 working days.
Article 35 If there is no objection, no objection, no complaint or no problem found after handling the complaint during the publicity period, the tenderer shall determine the winning bidder from the candidate winning schemes recommended by the bid evaluation committee according to the calibration method specified in the tender documents. The calibration method mainly includes:
(1) The tenderer entrusts the bid evaluation committee to directly determine the winning bidder;
(2) The tenderer determines that the winning candidate ranked first recommended by the bid assessment committee is the winning bidder. If the winning candidate ranked first gives up winning the bid, fails to perform the contract due to force majeure, fails to submit the performance bond within the time limit stipulated in the tender documents or is investigated and dealt with by the relevant departments according to law, and his illegal behavior affects the winning result, the tenderer may determine the winning candidate ranked second. If the second-ranked winning candidate also has the above problems, the third-ranked winning candidate can be determined as the winning bidder in turn.
(3) According to the written bid evaluation report of the bid evaluation committee, the tenderer shall organize the evaluation of the candidate winning schemes recommended by the bid evaluation committee to determine the winning bidder.
Thirty-sixth projects that must be subject to design bidding according to law, the tenderer shall, within 5 days from the date of determining the winning bidder, submit a written report on the bidding situation to the relevant construction authorities.
The main contents of the written report on construction project design bidding can be found in the annex 10 of these measures.
Chapter V Others
Article 37 The tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, sign a design entrustment contract in accordance with the requirements of the People's Republic of China (PRC) Contract Law and the relevant provisions on the management of engineering design contracts and the contents of the tender documents and the bid documents of the winning bidder, and perform all the contents stipulated in the contract. The construction standards and contents determined in the contract shall be controlled within the scope specified in the approved feasibility report.
The 20% fluctuation of the design fee standard formulated by the state is the basis for signing the design contract of construction engineering. The bidder shall not reduce the design fee, increase the workload or shorten the design cycle. As a condition for issuing the letter of acceptance, no other agreement that deviates from the substantive content of the contract shall be concluded with the winning bidder. If the tenderer violates the above provisions, the effectiveness of the contract signed by him shall be implemented in accordance with the relevant provisions of the People's Republic of China (PRC) Contract Law, and the competent construction department shall not file the design contract and deal with it according to law.
The tenderer shall, within 7 working days after signing the design contract, report the design contract to the competent department of construction or planning where the project is located for the record.
Thirty-eighth for the design scheme that meets the requirements of the design bidding documents but fails to win the bid, the tenderer shall give different degrees of compensation.
(1) Where public bidding is adopted, the tenderer shall specify the compensation standard in the bidding documents. If there are too many bidders, the tenderer may explicitly compensate a certain number of bidders in the tender documents.
(two) the invitation to tender, the tenderer shall give each unsuccessful bidder economic compensation, and clearly define the compensation standard in the invitation to tender.
The tenderer may set different compensation standards according to the situation, and give appropriate encouragement to the excellent design scheme selected by the bid evaluation committee.
Thirty-ninth design fees charged by domestic and foreign design enterprises participating in the bidding of construction projects within the territory of People's Republic of China (PRC) shall be strictly implemented in accordance with the principle of equal treatment of nationals. If the project design adopts the bidder's own patent or proprietary technology, the cost of the patent and proprietary technology shall be determined by the tenderer and the bidder through consultation.
Article 40 A tenderer shall protect the intellectual property rights of bidders. The bidder owns the copyright (copyright) of the design scheme. Without the written consent of the bidder, the tenderer shall not transfer the delivered design scheme to a third party or use it for other construction projects outside the scope of this tender.
After signing the design contract with the winning bidder, the tenderer has the right to use the winning bid scheme in the construction project. The winning bidder shall protect the tenderee from infringement lawsuits or claims from third parties after using its design scheme, otherwise all responsibilities arising therefrom shall be borne by the winning bidder.
If the tenderer or the winning bidder uses the technical achievements or technical solutions in the bidding documents of other unsuccessful bidders, it shall obtain the written consent of the bidders in advance and pay the use fee according to the regulations. Without the written permission of the relevant bidders, the tenderer or the winning bidder shall not use the technical achievements or technical solutions in the bidding documents of other bidders without authorization.
The intellectual property of the design scheme jointly completed by the bidders of the consortium belongs to the members of the consortium.
Forty-first design units shall bear corresponding legal responsibilities for the safety, feasibility, economy, rationality, authenticity and contract performance of the scheme design provided by them.
If the total investment of the project exceeds the budget due to design reasons, the construction unit has the right to investigate the responsibility of the design unit according to law. However, according to the requirements of the construction unit, the design unit only undertakes the scheme design and does not undertake the engineering design business in the subsequent stage.
Forty-second construction departments at all levels should strengthen the integrity management of construction units, bidding agencies, design units and registered personnel who have obtained professional qualifications. In the design bidding activities, record all kinds of dishonesty and illegal acts of bidding agencies, design units and registered personnel with professional qualifications, and establish credit files of bidding agencies, design units and registered personnel with professional qualifications.
Forty-third government departments at all levels shall not interfere with the normal bidding activities, and shall not refuse the bid-winning scheme evaluated according to the prescribed procedures according to law without reason.
Relevant government departments at all levels should strengthen supervision over the implementation of national and local construction guidelines, policies, standards and norms, and investigate and deal with acts of unfair competition.
In the bidding activities of construction project scheme design, those who violate the Bidding Law of People's Republic of China (PRC), the Measures for Bidding and Bidding of Engineering Construction Project and these Measures shall be dealt with by the competent construction department according to law.
Chapter VI Supplementary Provisions
Article 44 The term "large-scale public construction projects" as mentioned in these Measures generally refers to office buildings, commercial buildings, tourist buildings, science, education, culture and health buildings, communication buildings and traffic buildings with a construction area of more than 20,000 square meters.
Article 45 Where the lender or fund provider has other provisions on the conditions and procedures of bidding for the design bidding of a construction project using loans or aid funds from international organizations or foreign governments, such provisions may be followed, except those that are not in line with the public interests of China people and society.
Article 46 The competent construction departments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed rules for implementation according to these Measures.
Article 47 These Measures shall come into force as of May 6, 2008.
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