Measures of Zhuhai Municipality on the Administration of Bidding for Construction Projects
Chapter I, General Provisions
Rule number one. In order to regulate the bidding activities of construction projects, these measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and relevant laws and regulations, and combined with the actual situation of this Municipality.
Article 2. These Measures shall apply to the bidding activities of construction projects that should be subject to bidding in accordance with these Measures within the administrative area of this Municipality.
The term "construction projects" as mentioned in these Measures refers to all kinds of housing construction and municipal infrastructure projects, traffic projects, water conservancy projects, power projects and their ancillary facilities, supporting lines, pipelines, equipment installation projects, decoration projects, etc.
The term "bidding for construction projects" as mentioned in these Measures refers to the bidding for feasibility study, general contracting, survey, design, cost consultation, supervision, construction, equipment and materials procurement and other consulting services related to construction projects.
Three, the municipal development and reform department is responsible for the guidance, coordination, supervision and inspection of the city's construction project bidding activities, and is responsible for the examination and approval of the bidding method, bidding organization form and bidding scope of construction project bidding.
The municipal construction administrative department is the administrative supervision and management department of the city's construction project bidding activities, and is responsible for the supervision and management of the city's construction project bidding activities and bidding agencies.
The municipal tangible factor market management office is responsible for the supervision and management of the municipal construction engineering trading center, coordinating the relationship between the municipal construction engineering trading center and the administrative supervision department, and organizing and handling the complaints and reports about the internal operation of the municipal construction engineering trading center. Responsible for the establishment and management of the expert database of bid evaluation for construction projects.
The municipal administrative supervision department shall supervise the state organs and their staff who participate in the bidding activities, check the performance of duties by the relevant administrative departments and their staff, and investigate and deal with illegal acts according to law.
Article 4 In accordance with these Measures, the tendering and bidding activities for construction projects must be conducted in the Municipal Construction Engineering Trading Center.
City construction engineering trading center is responsible for providing places, information and consulting services for bidding activities.
The municipal construction engineering trading center shall collect and save the relevant information of bidding activities.
Article 5 Bidding activities shall follow the principles of openness, fairness, impartiality, honesty and credibility.
Article 6. No unit or individual may break up a construction project that must be subject to bidding or evade bidding in any other way.
Seventh, no unit or individual may illegally interfere in bidding activities.
Chapter II Scope and Method of Bidding
Eighth the use of state-owned, collective funds or state financing construction projects and large and medium-sized or key infrastructure projects included in the national and provincial plans, one of the following circumstances, should be open tender:
(1) Cost consultation for estimating the service contract amount above RMB 6,543,800+RMB 5,000.
(2) Consulting services such as feasibility study, survey, design and supervision related to construction projects with an estimated service contract of more than RMB 250,000.
(three) the estimated cost of more than 500 thousand yuan or construction area of more than 500 square meters of general contracting and construction.
(four) the estimated amount of equipment and materials in the procurement contract is more than 500 thousand yuan.
Ninth, the construction project should be open tender in any of the following circumstances, in accordance with the provisions of the approval can be invited to tender:
(a) the technology is complex or has special professional technical requirements, and only a few potential bidders can choose.
(two) the national security department and the secret department determine that it involves national security and state secrets and is suitable for public bidding.
(3) Limited by natural resources or environmental conditions.
(four) after two public tenders failed.
(5) It is otherwise stipulated by laws and regulations.
If the invitation to bid is approved, the municipal development and reform department shall send a copy of the approval document to the municipal administrative supervision department and relevant departments for the record.
Tenth, more than three qualified contractors should be pre-selected through public bidding every year for the foreseeable maintenance and repair projects such as conventional transportation and water conservancy that need to be prepared in advance. If maintenance and repair are needed, the specific contractors should be determined by random method.
Eleventh, the construction project should be subject to tender in any of the following circumstances, the municipal development and reform department audit, the municipal government executive meeting after the approval of the tender can not:
(a) the municipal state security department determines that it involves national security or the municipal secrecy department determines that it involves state secrets and is not suitable for bidding.
(two) to resume construction after the suspension or postponement of construction, and the winning bidder has not changed.
(three) the enterprise self-built housing construction and ancillary works, and the enterprise qualification grade meets the requirements.
(four) the use of specific patents or proprietary technology survey, design and consulting services.
(five) affiliated small projects or main storey-adding projects that are inseparable from the main project, and the original winning bidder has the contracting ability.
(6) Failing to bid twice.
(seven) as otherwise provided by laws and regulations.
If the municipal development and reform department does not bid, it shall send a copy of the audit documents to the municipal administrative supervision department and relevant departments for the record.
Twelfth, the construction project may not be subject to tender, the construction unit shall establish an open, fair and just supervision and management mechanism, select contractors through collective decision-making, reasonably determine and strictly control the costs or expenses. After the conclusion of the contract, if the scope of the contract is expanded at will, or the cost or expense is increased, the development and reform department and the financial department may suspend the project execution or suspend the disbursement of funds.
Thirteenth, the tenderer meets the following conditions, can organize bidding matters:
(a) with the project legal person or legal person qualification.
(two) with the scale and complexity of the project subject to tender to adapt to the economic, technical, financial and management professional and technical force.
(3) Having a special tendering agency or three or more staff members with tendering experience.
(four) familiar with relevant laws and regulations.
If the tenderer does not meet the above conditions, it shall entrust a bidding agency with corresponding qualifications to conduct bidding. If the estimated amount of the bidding agency service contract is more than 6.5438+0.5 million yuan, it shall enter the municipal construction engineering trading center to select the bidding agency in an open way. No unit or individual may force a tenderer to entrust a designated tendering agency.
Fourteenth, a bidding agency refers to a legal person or other organization with the qualification of bidding agency issued by the administrative department.
Unless otherwise specified, the provisions on tenderers in these Measures are also applicable to entrusted tendering agencies.
Article 15 A tenderer shall conclude a written entrustment contract with a procuratorial agency and pay the service fee according to the regulations and the agreement of both parties.
Article 16 A procuratorial agency shall act as an agent for bidding matters within the scope of the qualification permit and the entrustment of the tenderer, and shall not exceed its authority or exceed its authority, act as an agent knowing that the entrusted matters are illegal, accept the bidding agency and bidding consulting business of the project subject to tender, or illegally transfer the bidding agency business.
Chapter three. bid
Article 17. The tenderee shall, in accordance with the provisions, prepare pre-qualification documents and tender documents, issue tender announcements or invitations, accept bid registration, organize bid qualification examination, determine the time and place of bid opening, organize bid opening and bid evaluation, and determine the winning bidder.
Eighteenth, the general contracting of construction projects and survey, design, cost consultation, supervision bidding, shall meet the following conditions:
(a) has obtained the project approval documents of the development and reform department.
(two) to obtain the approval documents of the bidding method, bidding organization form and bidding scope.
(three) the corresponding funds have been implemented. Government-invested construction projects shall provide the annual approval document of the development and reform department or the certificate of capital availability issued by the finance department at the same level, and other construction projects shall provide the bank capital certificate or the guarantee of a professional guarantee company.
In addition to the above conditions, the bidding for the construction of construction projects and the procurement of equipment and materials related to construction projects shall also meet the following conditions:
(a) has been obtained in accordance with the provisions of the construction project planning permission.
(two) there are design documents and technical data that meet the needs of bidding, and the design approval documents are obtained.
Feasibility studies and other consulting services related to construction projects shall be examined and approved in accordance with regulations.
Nineteenth, the tender should use the pre qualification documents or the standard model text of the tender documents.
Twentieth, before the announcement of the tender, the prequalification documents and tender documents shall be filed with the municipal construction administrative department. The municipal construction administrative department shall complete the pre-qualification documents and bidding documents for the record within 3 working days.
If the municipal construction administrative department finds that the prequalification documents and bidding documents are illegal, it shall point out to the tenderer that the tenderer shall correct them before the prequalification documents and bidding documents are issued.
Twenty-first, the prequalification documents and bidding documents need to be revised after filing, the tenderer shall submit a written application and re-record.
If the prequalification documents and bidding documents have been issued, the tenderee shall distribute the modified contents or the modified prequalification documents and bidding documents to all bidders at least 15 days before the deadline for prequalification application or bidding.
Twenty-second public bidding, the tenderer shall, in accordance with the provisions of the tender announcement, and at least in Zhuhai construction project information online, the announcement time shall not be less than 5 working days.
Where a tender is invited, the tenderer shall issue an invitation to bid to more than three bidders.
Twenty-third, the tender announcement or invitation to bid shall contain the following contents:
(a) Name and address of the bidder.
(two) the content, scale, source of funds and the situation in place of the project subject to tender.
(three) the place and time limit for the implementation of the project subject to tender.
(four) the time, place and method of obtaining the prequalification documents or bidding documents.
(five) the cost of obtaining pre-qualification documents or bidding documents.
(6) Qualification requirements of bidders.
Article 24 A tenderer shall issue or sell pre-qualification documents or tender documents at the time and place specified in the tender announcement or invitation to bid, and the time for issuance or sale shall not be less than 5 working days.
The tenderee can publish the prequalification documents and bidding documents through Zhuhai Construction Engineering Information Network, and the bidders can download them themselves.
Twenty-fifth the tenderer may charge the bidder a reasonable fee for making the prequalification documents or bidding documents and the information deposit, and the information deposit will be returned when the bidder returns the information.
The tenderer shall not charge the bidder for issuing the prequalification documents or bidding documents through Zhuhai Construction Engineering Information Network.
Twenty-sixth a tenderer shall reasonably determine the validity period of the bid, and the validity period of the bid shall be calculated from the date of closing the bid.
If it is necessary to extend the bid validity period, the tenderee shall request all bidders to extend the bid validity period in writing before the original bid validity period expires. If the bidder agrees to extend the bidding period, it shall extend the validity of its bid bond accordingly; If the bidder refuses to extend the bid, its bid will be invalid and the bidder has the right to withdraw its bid bond.
Twenty-seventh, the tenderer shall reasonably determine the time required for bidders to prepare the prequalification application and bidding documents:
(1) The time for preparing the prequalification application shall not be less than 7 days from the date when the prequalification documents stop selling to the date when the bidder submits the prequalification application.
(two) from the date of issuance of the tender documents to the deadline for bidding, the time for preparing the tender documents shall not be less than 20 days.
Article 28 A tenderer may not exclude or restrict potential bidders by restricting industries or regions, improving the qualification level, or adding professional contracting qualifications to the general contracting qualifications. The setting of bidding registration conditions shall meet the following requirements:
(1) Consulting services such as feasibility study, survey, design, cost consultation and supervision related to construction project bidding, and the conditions for bidding registration can only be limited to enterprise qualifications, records of illegal acts or bad behaviors.
(2) The registration conditions for construction bidding can only be limited to enterprise qualifications, project manager qualifications, records of illegal acts or bad behaviors, etc.
(3) Pre-qualification of bidding for construction projects, and the conditions for bidding registration can only be limited to the contents of enterprise qualifications.
(four) the qualifications set by the bidding registration conditions shall conform to the provisions of the Ministry of Construction on qualification management and qualification grade standards.
Twenty-ninth a tenderer shall not use lottery, lottery and other random ways to determine the bidder.
Article 30 A tenderer may not designate specific equipment, materials and technologies.
Thirty-first a tenderer shall not set unreasonable performance, reputation and other bid evaluation projects. The set performance, reputation and other evaluation items should be closely related to the bidder's completion of the bidding content, and the evaluation criteria should correspond to the scale and nature of the bidding content, and the effective time should be limited to three years before the bidding.
Article 32 A tenderee shall disclose the pre-tender estimate and set a reasonable upper limit of bid quotation, and the upper limit of bid quotation shall not exceed the pre-tender estimate.
Thirty-third, the construction tender should be priced by bill of quantities.
The valuation methods used in the bidding of consulting services related to construction projects, such as feasibility study, survey, design, cost consultation and supervision, shall comply with the relevant provisions.
Article 34. The tender documents shall specify the payment method and settlement method of the contract price.
Generally, the construction party pays the contract price on a monthly basis according to the construction progress, while other parties pay the contract price regularly according to the delivery and service progress, and the payment ratio is 70% to 90% of the completed workload.
The settlement shall be completed within 90 days from the date of completion acceptance, delivery or service completion, and the settlement payment ratio shall not be less than 95% of the settlement price.
Article 35 A tenderer may require a bidder to submit a bid security. The amount of bid bond generally does not exceed 2% of the upper limit of bid quotation, 800,000 yuan for construction bidding and 654.38+10,000 yuan for other bidding. The validity period of the bid bond shall be at least 30 days beyond the validity period of the bid.
The tenderer may require the winning bidder to submit a performance guarantee, the amount of which shall generally not be less than 10% of the upper limit of the tender offer or the winning bid amount, and shall not exceed 40% of the upper limit of the tender offer or the winning bid amount.
The tenderer may require the winning bidder to submit the difference between the winning bid price and the upper limit of the tender offer as the performance guarantee, and the difference less than the winning bid price 10% may be calculated as 10%.
In addition to the difference performance guarantee, if the tenderer requires the winning bidder to provide performance guarantee, it shall also provide the winning bidder with payment guarantee in the same way and amount.
Before determining the winning bidder, the tenderer may not require the bidder to submit a performance guarantee.
Thirty-sixth, the guarantee can be in the form of cash or irrevocable bank guarantee. If the amount of guarantee exceeds 6,543,800,000 yuan, the tenderer will allow the bidder to provide guarantee by irrevocable bank guarantee.
Thirty-seventh, the tender should adopt the following four evaluation methods:
(a) The lowest (second lowest) bid evaluation method is applicable to all bids.
The lowest (second lowest) bid evaluation method refers to determining the bidder with the lowest (second lowest) effective bid price as the winning bidder.
(two) the reasonable low price bid evaluation method is applicable to all tenders.
Reasonable low-price bid evaluation method refers to determining the bidder who is lower than and closest to the average of all effective bidding quotations as the winning bidder.
(3) Two-stage bid evaluation method is only applicable to general contracting, survey, equipment and materials procurement bidding, general contracting bidding with investment scale above100000 yuan or partial and sub-project construction bidding with investment scale above 5 million yuan.
Two-stage bid evaluation method means that at least three bidders are determined to enter the second stage of economic bid evaluation through technical, performance and reputation evaluation in the first stage, and the bidder with the lowest effective bid price in the second stage is determined as the winning bidder.
(four) the comprehensive evaluation method is only applicable to the feasibility study, cost consultation, design, supervision and other consulting services related to construction projects.
Comprehensive evaluation method refers to determining the bidder with the highest comprehensive ranking as the winning bidder through technical, performance, reputation and economic evaluation.
The technical bids of two-stage bid evaluation method and comprehensive bid evaluation method are generally hidden bids, and there shall be no signs or hints related to judging the identity of bidders in the bidding content.
Article 38. The tenderee shall not organize the bidders to conduct on-site reconnaissance alone or separately, and the bidders shall bear their own responsibilities according to the judgment and decision of the tenderee.
Article 39. The tenderee will answer the questions raised by the bidders in reading the bidding documents and on-site reconnaissance by holding a bidding question-and-answer meeting, and distribute the answers in writing to all bidders who have obtained the bidding documents. The content of answering questions is an integral part of the tender documents.
Fortieth, the tenderer's bid registration conditions, bid security conditions, performance security conditions, contract price payment methods, bid evaluation methods, etc. If the number of bidders is less than five, it shall be regarded as excluding or restricting potential bidders. Unless there are less than five potential bidders who meet the requirements of laws and regulations.
Article 41. The tenderee shall bear all legal responsibilities for the prequalification documents and bidding documents prepared by it. If the administrative supervision department finds that the tender documents issued by the tenderer violate the provisions of laws and regulations, it may order it to make corrections, regardless of whether the winning bidder has been determined or not, and re-tender according to law.
Forty-second, meet one of the following conditions, the tenderer may determine the bidder through pre-qualification:
(1) Bidding contents: bidding for general contracting of projects and general contracting of construction with an investment scale of more than 6,543,800,000 yuan, and bidding for construction of partial projects with an investment scale of more than 5,000,000 yuan.
(two) the feasibility study, survey, design, cost consultation, supervision, construction and other consulting services related to construction projects with complex technology or high professional and technical requirements.
Forty-third pre-qualification shall be conducted in the municipal construction engineering trading center. The number of members of the prequalification committee shall be an odd number of 3 or more. Except for the representative of the tenderee 1 person, the rest members shall be randomly selected and determined in the municipal construction project bid evaluation expert database.
Article 44 Pre-qualification shall adopt the following methods:
(1) qualitative evaluation method: the tenderer sets the necessary qualification standards according to the needs of the construction project. The prequalification committee shall examine whether the bidders meet all the necessary qualifications, and select the bidders who meet all the necessary qualifications as qualified bidders. If there are less than eight bidders who meet all the necessary qualifications, the tenderer shall re-set the pre-qualification conditions or re-invite bids.
(2) Quantitative scoring method: The tenderee sets the necessary qualification standards according to the needs of the construction project, and sets the evaluation index weight and evaluation rules with additional preferential conditions according to the percentage system. The prequalification committee first examines whether the bidder meets all the necessary qualifications.
If there are less than eight bidders who meet all the necessary qualifications, the tenderer shall re-set the pre-qualification conditions or re-invite bids.
If there are more than 8 bidders who meet all the necessary qualifications but less than 12, all bidders will become qualified bidders.
If there are more than 12 bidders who meet all the necessary qualifications, the tenderee can rank them from high to low according to the additional preferential conditions, and select qualified bidders with not less than 12 in turn.
Forty-fifth after the completion of prequalification, the tenderer shall submit the review report signed by all members of the prequalification review committee to the Municipal Construction Engineering Trading Center for confirmation. The review report shall include the following contents:
(1) List of registered bidders.
(two) the list of bidders who submitted the prequalification application.
(3) Original review records.
(4) List of qualified bidders.
Article 46. The tenderer shall publicize the list of bidders who have passed the prequalification on Zhuhai Construction Engineering Information Online for 3 working days, and issue a prequalification announcement to the bidders who have passed the prequalification within 3 working days after the expiration of the publicity period, and the announcement shall specify the time, place and method of obtaining the bidding documents.
Article 47. The prequalification application submitted by the bidder is limited to the prequalification stage, which serves as the basis for selecting qualified bidders. No unit or individual may guide the bid evaluation committee to conduct bid evaluation with pre-qualification evaluation opinions.
Forty-eighth after the completion of the prequalification, the tenderer shall not review the performance and reputation of the bidder.
Chapter four. bid
Forty-ninth, the bidder is a legal person or other organization that responds to the tender and participates in the bidding competition, except as otherwise provided by laws and regulations.
A subsidiary of a tenderer who does not have the qualification of an independent legal person, or a legal person and its subsidiaries that provide services such as feasibility study, survey, design, cost consultation and supervision for construction projects, shall not participate in the construction bidding of construction projects.
It is forbidden for different directly affiliated branches of the same legal person to participate in the bidding of the same project subject to tender.
Article 50. Two or more legal persons or other organizations may form a consortium to jointly bid as a bidder. The tenderer shall not force bidders to form a consortium to bid.
Article 51 All parties to the consortium shall have the corresponding ability to undertake the project subject to tender. Where relevant national laws and regulations or bidding documents stipulate the qualifications of bidders, all parties to the consortium shall have corresponding qualifications. A consortium composed of bidders from the same major shall determine the qualification level according to the unit with lower qualification level.
Article 52. The parties to the consortium shall sign a * * * agreement with the bidder, clearly stipulating the work and responsibilities that each party shall undertake, and submit the * * * agreement to the tenderer together with the bidding documents. If the consortium wins the bid, all parties of the consortium shall * * * sign a contract with the tenderer and bear joint and several liabilities for the winning project.
After the parties to the consortium sign the * * * bidding agreement, they may not bid alone or participate in other consortia in their own names.
Article 53. After the consortium has passed the qualification examination, any change in its composition shall be approved by the tenderer before the deadline for bidding. If the changed consortium weakens competition and the qualifications of legal persons or other organizations or consortia that have not passed the qualification examination in advance are lower than the minimum standards stipulated in the tender documents, the tenderer has the right to refuse.
Article 54. Each party to the consortium shall designate a sponsor and authorize him to preside over and coordinate the bidding and contract implementation stage on behalf of all consortium members, and submit the authorization documents signed by the legal representatives of all consortium members or their authorized clients to the tenderer.
Article 55 Where a consortium bids, it shall submit a bid bond in the name of the parties to the consortium or the sponsor of the consortium. The bid bond submitted in the name of the sponsor of the consortium is binding on all members of the consortium.
Article 56 A bidder's bid documents shall meet the substantive requirements and conditions specified in the tender documents.
Article 57 A bidder shall submit a bid security to the tenderer in the time, amount and manner specified in the tender documents before the deadline for bidding. If the bidder fails to submit the bid bond as required, the tenderer may reject his bid documents.
Regardless of the source of the bid bond, it will only be returned to the bidder.
Fifty-eighth, the bidder shall, before the deadline for bidding, deliver the bidding documents to the designated place and the designated recipient in accordance with the provisions of the tender documents. Before the bid opening, no unit or individual may open the bidding documents.
The tenderer may reject the bidding documents submitted by the bidder after the deadline for bidding, except for the materials that can be submitted at the scene of the bid opening meeting or after the deadline for bidding as stipulated in the bidding documents.
Article 59 A bidder may supplement, modify, replace or withdraw the submitted bid documents before the deadline for bidding, and the contents of the supplement and modification are an integral part of the bid documents.
After the deadline for submission of bids, the bidder shall not supplement, modify, substitute or withdraw its bid documents, except for minor deviation correction recognized by the bid evaluation committee and commitment or minor deviation correction required by the tenderer.
Article 60. Bidders shall not collude with each other or with the tenderee in bidding. Bidders shall not bid in the name of others. A bidder shall not bid at a price lower than the cost.
Sixty-first, the following acts between bidders belong to collusive bidding:
(1) The bidders jointly agree on the tender offer.
(2) The bidder shall determine the winning bidder before bidding.
(3) The bid bonds of different bidders come from the same bidder or the same account.
(four) different bidders entrust the same institution or the same person to prepare the prequalification application or bidding documents.
(5) Pre-qualification applications or bidding documents of different bidders have the same format and content except the prescribed format and content, or are generally similar.
(6) Unreasonable consistency of errors and omissions in prequalification applications or bidding documents of different bidders.
(7) The market quotation of different bidders presents regular changes.
(8) The project management team or other members specified in the prequalification application or bidding documents of different bidders have the same personnel.
(nine) other collusive bidding behavior.
Sixty-second, the following acts belong to the tenderer and bidders bid in collusion:
(a) the subordinate personnel of the tenderer and the close relatives of the relevant person in charge of the tenderer manipulate the bidding or participate in the bidding on behalf of the bidder.
(2) The tenderee opens the prequalification application or bidding documents before prequalification evaluation or bid opening, and informs other bidders of the prequalification or bidding situation or assists bidders to replace or modify the prequalification application or bidding documents.
(3) The tenderer and the bidder agree to win the bid.
(4) The tenderer will default the winning bidder in advance.
(five) other collusive bidding behavior.
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