Article 1 is to regulate the bidding activities for the construction of engineering construction projects (hereinafter referred to as engineering construction). According to the "Tendering and Bidding Law of the People's Republic of China" and the "Tendering and Bidding Law of the People's Republic of China" These Measures are formulated in accordance with the Regulations for the Implementation of the Law and the division of responsibilities of relevant departments of the State Council.
Article 2: These Measures shall apply to project construction bidding activities within the territory of the People’s Republic of China.
Article 3: If an engineering construction project meets the scope and standards stipulated in the "Regulations on the Scope and Scale Standards of Bidding for Engineering Construction Projects" (State Planning Commission Order No. 3), the construction unit must be selected through bidding.
No unit or individual may break projects that require bidding according to law into parts or avoid bidding in any other way.
Article 4: Project construction bidding activities shall follow the principles of openness, fairness, impartiality and good faith.
Article 5: Project construction bidding activities shall be the responsibility of the tenderer in accordance with the law. No unit or individual may illegally interfere with project construction bidding activities in any way.
Construction bidding activities are not restricted by regions or departments.
Article 6: Development and reform, industry and informatization, housing and urban-rural construction, transportation, railways, water conservancy, commerce, civil aviation and other departments at all levels shall implement administrative bidding activities in accordance with the "General Office of the State Council issued by the relevant departments of the State Council" "Notice on the Opinions on the Division of Responsibilities for Supervision" (Guobanfa [2000] No. 34) and the division of responsibilities specified by various localities, supervise the engineering construction bidding activities, and investigate and deal with illegal activities in the engineering construction bidding activities in accordance with the law. Bidding
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Article 7: The project construction bidder is a legal person or other organization that proposes construction bidding projects and conducts bidding in accordance with the law.
Article 8 For engineering construction projects that require bidding according to law, the following conditions must be met before construction bidding can be carried out:
(1) The tenderer has been established in accordance with the law;
(2) If the preliminary design and budget estimate should go through the approval procedures, they have been approved;
(3) There are corresponding funds or the sources of funds have been implemented;
(4) There are necessary funds for bidding Design drawings and technical information.
Article 9: Engineering construction bidding is divided into public bidding and invitation bidding.
Article 10 For engineering construction projects that require project approval and verification procedures in accordance with relevant national regulations and are subject to construction bidding according to law, the bidding scope, bidding methods, and bidding organization forms shall be reported to the project approval department for review and approval. . The project approval and verification departments shall promptly notify the relevant administrative supervision departments of the bidding contents determined by approval and verification.
Article 11 For projects that require public bidding according to law, bidding may be invited if one of the following circumstances occurs:
(1) The project is technically complex or has special requirements, or is subject to Due to the limitations of the natural geographical environment, there are only a small number of potential bidders to choose from;
(2) Involving national security, state secrets or emergency rescue and disaster relief, it is suitable for bidding but not suitable for public bidding;
(3) ) The cost of using public bidding accounts for a large proportion of the project contract value.
If there is a situation listed in the second item of the previous paragraph, it is a project stipulated in Article 10 of these Measures, and the project approval and verification department shall make a determination when approving and approving the project; other projects shall be subject to the relevant administrative procedures applied by the tenderee. The supervisory authority makes the determination.
Invitation bidding for engineering construction projects that are fully invested with state-owned funds or in which state-owned funds occupy a controlling or dominant position and require approval shall be approved by the project approval department. However, if the project approval department only approves project establishment, the invitation for bidding shall be approved by the project approval department. Approved by relevant administrative supervision departments.
Article 12 If a construction project that requires construction bidding in accordance with the law has any of the following circumstances, construction bidding may not be conducted:
(1) Involving national security, state secrets, In special circumstances such as emergency rescue and disaster relief or the use of poverty alleviation funds to implement work-for-relief projects that require the use of migrant workers, bidding is not suitable;
(2) The main construction technology uses irreplaceable patents or proprietary technologies;
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(3) Investors in franchise projects selected through bidding can construct by themselves in accordance with the law;
(4) Purchasers can construct by themselves in accordance with the law;
( 5) For the additional small-scale auxiliary projects or the main layer-added project of the project under construction, the original winning bidder still has the ability to contract, and other people's responsibility will affect the construction or functional supporting requirements;
(6) Other provisions stipulated by the state situation.
Article 13 If public bidding is adopted, the tenderer shall publish a bidding announcement and invite unspecified legal persons or other organizations to bid. Bidding announcements for construction bidding projects that are required by law shall be published in newspapers and periodicals and information networks designated by the state.
If the invitation bidding method is adopted, the tenderer shall issue bidding invitations to three or more specific legal persons or other organizations that have the ability to undertake construction bidding projects and have good credit standing.
Article 14 The bidding announcement or bidding invitation shall at least state the following contents:
(1) The name and address of the tenderer;
(2) ) The content, scale and source of funds of the bidding project;
(3) The implementation location and construction period of the bidding project;
(4) The place and time to obtain bidding documents or pre-qualification documents ;
(5) Fees charged for bidding documents or pre-qualification documents;
(6) Requirements for bidders’ qualification levels.
Article 15 The tenderer shall sell bidding documents or pre-qualification documents at the time and place specified in the bidding announcement or bidding invitation. From the date of sale of bidding documents or pre-qualification documents to the date of cessation of sale, the minimum period shall not be less than five days. [3]?
The tenderer may publish bidding documents through the information network or other media. The bidding documents published through the information network or other media have the same legal effect as the written bidding documents. In case of inconsistency, the written bidding documents shall be used. shall prevail, unless otherwise stipulated by the state.
Charges for bidding documents or prequalification documents shall be limited to compensating the cost of printing and mailing, and shall not be for profit. For the attached design documents, the tenderee may collect a deposit from the bidder at its discretion; if the bidder returns the design documents after the bid opening, the tenderee shall return the deposit to the bidder.
After the bidding documents or pre-qualification documents are sold, they will not be returned. Except for force majeure reasons, the tenderer shall not terminate the bidding after publishing the bidding announcement, issuing the bidding invitation, or after selling the bidding documents or pre-qualification documents.
Article 16 The tenderer may, based on the characteristics and needs of the bidding project itself, require potential bidders or bidders to provide documents that meet their qualification requirements, and conduct a qualification review of potential bidders or bidders; the State If there are regulations on the qualifications of potential bidders or bidders, those regulations shall prevail.
Article 17 Qualification review is divided into pre-qualification review and post-qualification review.
Pre-qualification refers to the qualification review of potential bidders before bidding.
Post-qualification review refers to the qualification review of bidders after the bid opening.
If pre-qualification is conducted, post-qualification review will generally not be conducted, unless otherwise specified in the bidding documents.
Article 18 If pre-qualification is adopted, the tenderer shall issue a pre-qualification announcement. The pre-qualification announcement shall be subject to the provisions of Articles 13 and 14 of these Measures regarding bidding announcements.
If pre-qualification is adopted, the tenderer shall state the conditions, standards and methods of pre-qualification in the pre-qualification document; if post-qualification is adopted, the tenderer shall state the requirements for the bidder’s qualifications in the tender document. Required conditions, standards and methods.
The tenderer shall not change the stated qualification conditions or conduct qualification review of potential bidders or bidders based on unspecified qualification conditions.
After pre-qualification, the tenderer shall issue a pre-qualification notice to the potential bidders who have passed the pre-qualification, informing them of the time, place and method of obtaining the bidding documents, and at the same time, notify the pre-qualification bidders. Unqualified potential bidders are notified of pre-qualification results. Potential bidders who fail the pre-qualification will not be allowed to bid. Bids from bidders who fail the post-qualification review shall be rejected.
Article 20 The qualification review shall mainly examine whether potential bidders or bidders meet the following conditions:
(1) Have the right to independently conclude contracts;
(2) Having the ability to perform the contract, including professional and technical qualifications and abilities, the status of funds, equipment and other material facilities, management capabilities, experience, reputation and corresponding practitioners;
(3) No In the state of being ordered to cease business, having the bidding qualification cancelled, having the property taken over, frozen, and going bankrupt;
(4) In the past three years, there have been no fraudulent bids, serious breach of contract, or major project quality problems;
< p> (5) Other qualifications stipulated by the state.During the qualification review, the tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions, nor shall it impose discriminatory treatment on potential bidders or bidders. No unit or individual may limit the number of bidders through administrative means or other unreasonable means.
Article 21 If the tenderer meets the conditions for self-tendering stipulated by law, it may handle tendering matters on its own. No unit or individual may be forced to entrust a bidding agency to handle bidding matters.
Article 22: Bidding agencies shall undertake bidding matters within the scope entrusted by the tenderer. Bidding agencies can undertake the following bidding matters within the scope of their qualification levels:
(1) Formulate bidding plans, prepare and sell bidding documents and pre-qualification documents;
(2) Review Bidder qualifications;
(3) Prepare base bid;
(4) Organize bidders to visit the site;
(5) Organize bid opening, bid evaluation, and assist The tenderer determines the bid;
(6) Drafting the contract;
(7) Other matters entrusted by the tenderer.
Tendering agencies shall not act without authority or act beyond their authority, and shall not act as agents knowing that the matters entrusted are illegal.
Tendering agencies shall not bid or act as agents for bidding projects, nor may they provide consultation to bidders for bidding projects; they may not transfer the bidding agency business without the consent of the tenderer.
Article 23: The project bidding agency and the tenderer shall sign a written entrustment contract and charge agency fees according to the standards agreed by both parties; if the state has regulations on charging standards, such regulations shall prevail.
Article 24: The tenderer shall prepare bidding documents based on the characteristics and needs of the construction bidding project. Bidding documents generally include the following contents:
(1) Bidding announcement or bidding invitation;
(2) Instructions for bidders;
(3) Main points of the contract Terms;
(4) Bidding document format;
(5) If a bill of quantities is used for bidding, a bill of quantities shall be provided;
(6) Technology Terms;
(7) Design drawings;
(8) Bid evaluation standards and methods;
(9) Bidding auxiliary materials.
The tenderer shall stipulate substantive requirements and conditions in the bidding documents and indicate them in an eye-catching manner.
Article 25 The tenderer may require the bidder to submit an alternative bidding plan in addition to the bidding documents that meet the requirements of the bidding documents, but it shall make an explanation in the bidding documents and put forward the corresponding Review and comparison methods.
Article 26: Various technical standards stipulated in the bidding documents shall comply with national mandatory standards.
The technical standards specified in the bidding documents shall not require or indicate a specific patent, trademark, name, design, origin or production supplier, nor shall they contain any other information that favors or excludes potential bidders. content. If it is necessary to quote the technical standards of a certain production supplier to accurately or clearly describe the technical standards of the project to be tendered, the words "or equivalent to" should be added after the reference.
Article 27: If a construction bidding project needs to divide the bidding sections and determine the construction period, the tenderer shall reasonably divide the bidding sections and determine the construction period, and state this in the bidding documents.
Bid sections shall not be divided for unit projects that are technically closely connected and indivisible.
The tenderer shall not restrict or exclude potential bidders or bidders by unreasonable bidding sections or construction periods. Tenderers for projects that require construction bidding according to law shall not use the division of bid sections to avoid bidding.
Article 28 The bidding documents shall clearly stipulate all bid evaluation factors and how to quantify these factors or make evaluations based on them.
During the bid evaluation process, the bid evaluation standards, methods and bid winning conditions specified in the bidding documents shall not be changed.
Article 29 The bidding documents shall stipulate an appropriate bid validity period to ensure that the tenderer has sufficient time to complete the bid evaluation and sign a contract with the winning bidder. The bid validity period is calculated from the deadline for bidders to submit bid documents.
If special circumstances arise before the end of the original bid validity period, the tenderer may request in writing all bidders to extend the bid validity period. If the bidder agrees to the extension, it shall not be required or allowed to modify the substantive content of its bid document, but the validity period of its bid deposit shall be extended accordingly; if the bidder refuses the extension, its bid shall be invalid, but the bidder shall have the right to withdraw its bid deposit. If the bidder suffers losses due to the extension of the bid validity period, the tenderer shall compensate the bidder, except where the bid validity period needs to be extended due to force majeure.
Article 30: If a construction bidding project has a long duration, the project cost index system, price adjustment factors and adjustment methods may be stipulated in the bidding documents.
Article 31 The tenderer shall determine the reasonable time required for the bidder to prepare the bidding documents; however, for projects that require bidding according to law, the period from the date the bidding documents are issued until the bidder submits the bidding documents The deadline shall not be less than twenty days.
Article 32: Based on the specific conditions of the bidding project, the tenderer may organize potential bidders to visit the project site and introduce to them the relevant conditions of the project site and related environment. The judgment and decision-making made by a potential bidder based on the information introduced by the tenderer shall be the sole responsibility of the bidder.
The tenderer shall not organize any bidder individually or separately to conduct on-site inspections.
Article 33: For questions raised by potential bidders when reading the bidding documents and on-site inspections, the tenderer may answer them in writing or by holding a pre-bid meeting, but the answers must be given in writing at the same time. Notify all potential bidders purchasing tender documents. The content of this answer is an integral part of the bidding documents.
Article 34: The tenderer may decide whether to prepare a minimum bid based on the characteristics of the project. If the bottom bid is prepared, the preparation process of the bottom bid and the bottom bid must be kept confidential before the bid is opened.
The base bid for a bidding project shall be prepared based on the approved preliminary design, investment estimate, relevant pricing methods, reference to relevant project quotas, market supply and demand conditions, and comprehensive consideration of factors such as investment, construction period, and quality. Sure.
The bid base shall be prepared by the tenderer himself or entrusted by an intermediary agency. Only one base bid can be prepared for a project.
No unit or individual may force the tenderee to prepare or submit a base bid for review, or interfere with its determination of the base bid.
Bidding projects may not set a minimum bid and conduct bidding without a minimum.
If the tenderer sets a maximum bid limit, it shall specify the maximum bid limit or the calculation method of the maximum bid limit in the bidding documents. The tenderer shall not set a minimum bid price. Bidding
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Article 35 Bidders are legal persons or other organizations that respond to bidding and participate in bidding competitions. Any affiliated agency (unit) of the tenderer that does not have independent legal person status, or any legal person and any affiliated agency (unit) that provides design and consulting services for the preliminary preparation or supervision of the bidding project, are not eligible to participate in the bidding project. tender.
Article 36 Bidders shall prepare bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements and conditions set forth in the bidding documents.
Tender documents generally include the following contents:
(1) Tender letter;
(2) Tender quotation;
(3) Construction organization design;
(4) Business and technical deviation table.
If the bidder plans to subcontract some non-main and non-critical work of the winning project after winning the bid based on the actual situation of the project stated in the bidding documents, it shall be stated in the bidding documents.
Article 37 The tenderer may require bidders to submit a bid deposit in the bidding documents. In addition to cash, the bid deposit can be a bank guarantee issued by the bank, a certified check, a bank draft or a cash check.
The bid deposit shall not exceed 2% of the estimated project price, but shall not exceed a maximum of RMB 800,000. The validity period of the bid bond shall be consistent with the validity period of the bid.
The bidder shall submit the bid deposit along with the bid documents to the tenderer or its entrusted bidding agency in the manner and amount required by the bidding documents.
For domestic bidders of projects that are required to conduct construction bidding according to law, the bid deposit submitted in the form of cash or check shall be transferred from their basic account.
Article 38 The bidder shall deliver the bid documents in a sealed manner to the bidding location before the deadline for submission of bid documents required in the bidding documents. After receiving the bid documents, the tenderer shall issue a voucher to the bidder indicating the signature and time of receipt. No unit or individual may open the bid documents before the bid opening.
The tenderer shall reject bid documents that are delivered after the deadline for submission of bid documents required in the bidding documents.
If less than three bidders submit bid documents for a project that requires construction bidding according to law, the tenderer shall re-invite bids in accordance with the law after analyzing the reasons for the failure of the bidding and taking corresponding measures. If there are still less than three bidders after the re-tendering, it is an engineering construction project that must be reviewed and approved. After being submitted to the original approval and verification department for review and approval, the tendering process may no longer be conducted. For other engineering construction projects, the tenderer may decide not to proceed. Call for tender again.
Article 39: The bidder may supplement, modify, replace or withdraw the submitted bid documents before the deadline for submission of bid documents required by the bidding documents and notify the tenderee in writing. The supplementary and modified contents shall be an integral part of the bidding documents.
Article 40: After the deadline for submitting bid documents and before the expiration of the bid validity period stipulated in the bidding documents, the bidder shall not withdraw its bid documents, otherwise the tenderer may not refund its bid deposit.
Article 41 Before the bid opening, the tenderer shall properly keep the received bidding documents, modification or withdrawal notices, alternative bidding plans and other bidding materials.
Article 42 Two or more legal persons or other organizations may form a consortium and jointly bid as one bidder.
After the parties to the consortium sign a joint bidding agreement, they may no longer bid individually in their own names, nor may they form a new consortium or join other consortiums to bid on the same project.
Article 43: If the tenderer accepts a consortium bid and conducts prequalification, the consortium shall be formed before submitting the prequalification application documents. If the consortium increases, decreases, or changes members after the pre-qualification, the bid will be invalid.
Article 44 All parties to the consortium shall designate a leader and authorize him or her to be responsible for hosting and coordinating the bidding and contract implementation stages on behalf of all consortium members, and shall submit to the tenderer a proposal submitted by all consortium members. Authorization letter signed by the member’s legal representative.
Article 45 If a consortium bids, a bid deposit shall be submitted in the name of each party to the consortium or the leader of the consortium. The bid deposit submitted in the name of the leader of the consortium is binding on all members of the consortium.
Article 46: The following behaviors are collusion between bidders:
(1) The bidders mutually agree to raise or lower the bid price;
< p>(2) The bidders mutually agree to quote high, medium and low prices in the bidding project;(3) The bidders first conduct internal bidding, and the winning bidder is determined by default. and then participate in the bidding;
(4) Other acts of collusion among bidders in bidding quotations.
Article 47 The following behaviors are collusion between the tenderer and the bidders:
(1) The tenderer opens the bidding documents before the bid opening and leaks relevant information to other bidders person, or instructs the bidder to withdraw or modify the bidding documents;
(2) The bidder discloses the bid base, bid evaluation committee members and other information to the bidder;
(3) The bidder expressly states Or imply that the bidder lowers or raises the bid price;
(4) The bidder expressly or implies that the bidder provides convenience for a specific bidder to win the bid;
(5) The bidder and the bidder are Other collusive actions taken to seek the winning of a bid by a specific winning bidder.
Article 48 Bidders may not bid in the name of others.
The term "bidding in the name of others" as mentioned in the preceding paragraph means that the bidder is affiliated with other construction units, or obtains qualifications or qualification certificates from other units through transfer or lease, or the bidder is affiliated with other units and their legal representatives. Stamping seals and signatures on the bid documents prepared by oneself. Bid opening, bid evaluation and bid determination
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Article 49 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 The location identified in the bidding documents.
If a bidder has any objection to the bid opening, it shall raise it at the bid opening site, and the tenderer shall respond on the spot and make records.
Article 50 If any of the following circumstances applies to the bidding documents, the tenderer shall reject them:
(1) Late delivery;
(2) "Not sealed as required in the bidding documents".
In any of the following circumstances, the bid evaluation committee shall reject the bid:
(1) The bidding document has not been stamped and signed by the bidding unit. Signature of the person in charge;
(2) The bidding consortium did not submit the same bidding agreement;
(3) The bidder does not meet the qualifications stipulated in the state or bidding documents;< /p>
(4) The same bidder submits two or more different bidding documents or bid quotations, except where the bidding documents require the submission of alternative bids;
(5) The bid quotation is lower than the cost Or higher than the maximum bid limit set in the bidding documents;
(6) The bidding documents do not respond to the substantive requirements and conditions of the bidding documents;
(7) The bidder There are illegal activities such as collusion in bidding, fraud, bribery, etc.
Article 51 The bid evaluation committee may require the bidder in writing to clarify that the meaning of the bid document is unclear, the expressions of similar issues are inconsistent, or there are obvious words and mistakes. The bid evaluation committee shall not ask any suggestive or misleading questions to the bidders or clarify the omissions or errors in the bid documents.
Article 52 If the bid document does not respond to the substantive requirements and conditions of the bid invitation document, the bid evaluation committee shall not allow the bidder to make it a responsive bid by amending or revoking the differences or reservations that do not meet the requirements.
Article 53 When the bid evaluation committee evaluates bids that substantially respond to the requirements of the bidding documents, unless otherwise agreed in the bidding documents, it shall make modifications according to the following principles:
(1) If the amount expressed in numbers is inconsistent with the amount expressed in words, the written amount shall prevail;
(2) If there is an inconsistency between the product of the unit price and the project quantity and the total price, the unit price shall prevail If there is an obvious decimal misalignment in the unit price, the total price shall prevail and the unit price shall be revised after being confirmed by the bidder.
Prices and preferential conditions not included in the bidding documents will not be considered during bid evaluation.
Article 54: Alternative bids submitted by bidders that are superior to the technical standards in the bidding documents. The additional income generated by the plan shall not be considered in the bid evaluation. Only the alternative plan submitted by the bidder who meets the basic technical requirements of the bidding documents and has the lowest evaluation price or the highest comprehensive score can be considered.
Article 55 If the tenderer has a minimum bid, the minimum bid shall be used as a reference in the bid evaluation, but shall not be used as the sole basis for the bid evaluation.
Article 56 Completed by the bid evaluation committee. After the bid evaluation, a written bid evaluation report shall be submitted to the tenderer and signed by all members of the bid evaluation committee.
For projects that require bidding according to law, the tenderer shall publicize the winning bidder within three days from the date of receipt of the bid evaluation report, and the publicity period shall not be less than three days.
The bid winning notice shall be issued by the tenderer.
Article 57: The bid-winning candidates recommended by the bid evaluation committee shall be limited to one to three people, and the order of arrangement shall be indicated. The tenderer shall accept the bid-winning candidates recommended by the bid evaluation committee and shall not determine the bid-winning candidate other than the bid-winning candidates recommended by the bid evaluation committee.
Article 58: For projects in which state-owned funds hold a controlling or dominant position and must be tendered according to law, the tenderer shall determine the first-ranked bid-winning candidate as the successful bidder. If the first-ranked bid-winning candidate gives up the bid, claims that he cannot perform the contract due to force majeure, fails to submit a performance bond in accordance with the requirements of the bidding documents, or is found to have committed illegal acts that affect the bid-winning result, etc., and does not meet the conditions for winning the bid, the tenderer may The list of successful bidders proposed by the bid evaluation committee will determine other successful bidders as the successful bidder. If it is determined in turn that there is a large gap between other successful bidders and the expectations of the tenderer, or it is obviously disadvantageous to the tenderer, the tenderer may re-invite bids.
The tenderer may authorize the bid evaluation committee to directly determine the winning bidder.
If the State Council has other provisions on the determination of the winning bidder, such provisions shall prevail.
Article 59 The tenderer shall not make any request to the winning bidder to lower the price, increase the workload, shorten the construction period, or make other requirements that go against the will of the winning bidder as a condition for issuing a bid winning notice and signing a contract.
Article 60: The bid winning notice shall have legal effect on the tenderer and the winning bidder. After the bid winning notice is issued, if the tenderer changes the bid winning result, or if the winning bidder abandons the winning project, he shall bear legal liability in accordance with the law.
Article 61: When the tenderer uses all or part of the technical achievements or technical solutions in the bidding documents of a non-winning bidder, it must obtain its written consent and be given certain financial compensation.
Article 62 The tenderer and the winning bidder shall enter into a written contract in accordance with the bidding documents and the bidding documents of the winning bidder within the validity period of the bid and within thirty days from the date of issuance of the notice of winning the bid. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract.
If the tenderer requires the successful bidder to provide a performance bond or other form of performance guarantee, the tenderer shall also provide the successful bidder with a guarantee for project payment.
The tenderer shall not increase the performance bond without authorization, and shall not force the winning bidder to advance construction funds for the winning project.