Chapter I General Provisions
Article 1 In order to standardize the bidding activities of highway engineering construction projects and improve the market management system of highway engineering construction, these Measures are formulated in accordance with the Highway Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC), the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) and other laws and administrative regulations.
Article 2 These Measures shall apply to the tendering and bidding activities of survey, design, construction and construction supervision of highway engineering construction projects in People's Republic of China (PRC).
Article 3 The Ministry of Transport shall be responsible for the supervision and management of bidding activities for highway construction projects nationwide.
The transportation department of the provincial people's government is responsible for the supervision and management of the bidding activities of highway engineering construction projects within their respective administrative areas.
Fourth transportation departments at all levels shall, in accordance with the relevant provisions of the state, bring the bidding activities of highway engineering construction projects into a unified public resource trading platform.
Fifth transportation departments at all levels shall, in accordance with the relevant provisions of the state, promote the electronic bidding of highway engineering construction projects. Information on bidding activities shall be made public and subject to public supervision.
Article 6 The tenderee of a highway engineering construction project or the institution designated by it shall record and video the qualification examination, bid opening and bid evaluation, and keep them on file for future reference.
Chapter II Bidding
Article 7 A tenderer of a highway engineering construction project is a project legal person or other organization that proposes or organizes bidding.
Article 8 For highway construction projects that need to go through the formalities of project examination and approval according to the relevant provisions of the state and must be subject to tender according to law, the tenderee shall conduct tender according to the tender scope, tender method and tender organization form determined by the project examination and approval department.
Highway engineering construction projects can only be invited for survey and design after the project approval or approval procedures are completed; After the preliminary design documents are approved, the construction supervision design and construction general contracting bidding can be carried out; After the approval of the construction drawing design documents, the construction bidding can be carried out.
If the pre-qualification method is adopted in the construction bidding, the pre-qualification can be carried out after the preliminary design documents are approved.
Ninth highway engineering construction projects in any of the following circumstances, you can not tender:
(a) involving national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to implement work-for-work relief and other special circumstances that require the use of migrant workers;
(2) It is necessary to adopt irreplaceable patents or proprietary technologies;
(three) the purchaser has the qualification and ability to provide engineering construction or services, and meets the statutory requirements;
(4) Investors of franchise projects selected through bidding can build or provide services by themselves according to law;
(five) the need to purchase projects or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(six) other special circumstances stipulated by the state.
A tenderer shall not resort to deceit to avoid the application of the provisions of the preceding paragraph.
Article 10 Where public bidding is adopted for highway engineering construction projects, the bidder's qualification shall be examined by post-qualification in principle.
Eleventh highway engineering construction projects by way of prequalification public bidding, shall be carried out in accordance with the following procedures:
(1) Preparation of prequalification documents;
(2) Issuing a prequalification announcement, selling prequalification documents and disclosing the key contents of the prequalification documents;
(3) Receiving the application documents for pre-qualification;
(four) the establishment of the qualification examination committee, the qualification examination of the applicant, the qualification examination committee to prepare the qualification examination report;
(five) according to the results of the qualification examination, issue an invitation to bid to the applicants who have passed the pre-qualification; Issue a notice of prequalification results to applicants who have not passed the prequalification, informing them of the basis and reasons for not passing the prequalification;
(6) Preparation of tender documents;
(seven) the sale of the tender documents and the key contents of the tender documents;
(eight) when necessary, organize potential bidders to inspect the project site and hold a preparatory meeting for bidding;
(nine) to receive the tender documents and bid opening;
(ten) the formation of the bid evaluation committee, the bid evaluation committee to prepare the bid evaluation report, recommend the successful candidate;
(eleven) publicity of the relevant information of the successful candidate;
(twelve) to determine the winning bidder;
(thirteen) to prepare a written report on the bidding situation;
(14) issue a letter of acceptance to the winning bidder, and notify all unsuccessful bidders of the winning result at the same time;
(fifteen) to conclude a contract with the winning bidder.
Where public bidding is conducted by means of post-qualification examination, it shall be conducted in accordance with items (7) to (15) of the preceding paragraph after the tender documents are prepared and the tender announcement is issued.
If the bidding method is adopted, it shall be carried out in accordance with items (7) to (15) of the preceding paragraph after the tender documents are prepared and the invitation to bid is issued.
Article 12 Where pre-qualification is adopted for highway engineering construction projects with state-owned funds as the holding or leading position, the tenderee shall set up a pre-qualification committee to examine the pre-qualification application documents in accordance with relevant regulations. The provisions of these Measures on the bid evaluation committee are applicable to the requirements of the selection and qualification examination of experts of the qualification examination committee.
Thirteenth pre-qualification methods in principle, the use of qualified system.
Where the prequalification system is adopted, any applicant who meets the examination standards stipulated in the prequalification documents shall be qualified in the prequalification.
Fourteenth after the prequalification, the qualification examination committee shall prepare the qualification examination report. The qualification report shall include the following contents:
(a) the basic situation of the project subject to tender;
(2) List of members of the Qualification Examination Committee;
(3) List of supervisors;
(4) Submit the application documents for pre-qualification;
(5) A list of applicants who have passed the qualification examination;
(six) the list of applicants who failed the qualification examination and the reasons for failing the examination;
(7) scores;
(eight) to clarify and explain the minutes;
(nine) other matters that need to be explained;
(10) Qualification examination schedule.
Except for items (1), (3) and (4) specified in the preceding paragraph, all members of the qualification examination committee shall sign the qualification examination report page by page.
Fifteenth pre-qualification applicants have objections to the pre-qualification results, it should be within 3 days after receiving the notice of the pre-qualification results. The tenderer shall make a reply within 3 days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities shall be suspended.
If the tenderee has not received any objection or received an objection and made a reply, it shall promptly issue an invitation to bid to the applicant who has passed the pre-qualification. Applicants who have not passed the prequalification are not qualified to bid.
Article 16 For highway engineering construction projects that must be subject to tender according to law, the tenderee shall prepare pre-qualification documents and tender documents in accordance with the standard text formulated by the Ministry of Transport and in combination with the specific characteristics and actual needs of the project subject to tender.
Pre-qualification documents and tender documents shall stipulate detailed bid evaluation procedures, standards and methods, and the tenderee shall not separately formulate bid evaluation rules.
Seventeenth a tenderer shall, in accordance with the provisions of the transportation department of the provincial people's government, submit the prequalification documents and their clarifications and modifications, the bidding documents and their clarifications and modifications to the corresponding transportation departments for the record.
Article 18 A tenderer shall upload the main contents of the prequalification documents or tender documents to the government website of the transportation department in charge of tender supervision or other websites designated by it for publicity, including the general situation of the project, the qualification requirements for the applicant or bidder, the qualification examination method, the bid evaluation method and the contact information of the tenderer, etc. , the publicity deadline is 2 days before the deadline for submitting prequalification application documents or 10 days before the deadline for bidding.
If the clarification or modification of the prequalification documents or bidding documents issued by the tenderer involves the public contents specified in the preceding paragraph, the tenderer shall upload the clarified or modified contents to the website specified in the preceding paragraph at the same time of filing with the transportation authorities.
Nineteenth potential bidders or other interested parties may raise objections to the pre-qualification documents or bidding documents in accordance with the relevant provisions of the state. The tenderer shall give a written reply to the objection. If a written reply is not made within the specified time, the deadline for submitting pre-qualification application documents or the deadline for bidding shall be postponed.
If the written reply of the tenderer affects the preparation of prequalification application documents or bidding documents, the deadline for submitting prequalification application documents or bidding documents shall be adjusted in accordance with the relevant provisions of clarification or amendment, and all potential bidders who have obtained prequalification documents or bidding documents shall be notified in writing.
Article 20 A tenderer shall reasonably divide the bid sections, determine the construction period, and put forward the requirements for quality and safety objectives, which shall be specified in the tender documents. Bid division should be conducive to project organization and construction management, and to the cohesion and cooperation of various professions. Bid division shall not be used to avoid bidding, restrict or exclude potential bidders.
The tenderee may carry out general contract bidding for design and construction, general contract bidding for construction or professional bidding.
Article 21 A tenderer shall, in combination with the specific characteristics and actual needs of the project subject to tender, set the qualifications of potential bidders or bidders, such as qualifications, performance, key personnel, financial ability, performance reputation, etc., and shall not restrict or exclude potential bidders or bidders with unreasonable conditions.
In addition to the circumstances stipulated in Article 32 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), if a tenderer commits one of the following acts, it shall be deemed as restricting or excluding potential bidders or bidders with unreasonable conditions:
(a) the qualifications, performance, key personnel, financial ability, performance reputation and other qualifications, technical and commercial conditions set are not suitable for the specific characteristics and actual needs of the project subject to tender or have nothing to do with the performance of the contract;
(2) Forcibly requiring potential bidders or their legal representatives, business leaders, technical leaders and other specific personnel to purchase pre-qualification documents, bidding documents or participate in bid opening activities in person;
(three) by setting unreasonable conditions such as filing, registration, registration and establishment of branches. There is no basis for laws and administrative regulations to restrict potential bidders or bidders from entering the project site to bid.
Article 22 A tenderer shall reasonably determine the number and qualification requirements of key personnel and other management and technical personnel of the bidder in accordance with the relevant provisions of the state and in combination with the characteristics and actual needs of the project subject to tender. The main personnel to be invested by the bidder shall be declared in the bidding documents, and the specific candidates for other management and technical personnel shall be determined by the tenderer and the winning bidder in the contract negotiation stage. For particularly complicated bridge and extra-long tunnel projects and other projects with special requirements, the tenderer may require the bidder to supplement other management and technical personnel in the bidding documents.
The term "key personnel" as mentioned in these Measures refers to the person in charge of design, chief supervision engineer, project manager and chief engineer and other project management and technical leaders.
Article 23 A tenderer may decide for himself whether to prepare a pre-tender estimate or set a maximum bid price limit. The tenderer shall not stipulate the minimum bid price limit.
An intermediary agency entrusted to prepare the pre-tender estimate or the highest bid price limit shall not participate in the project bidding, nor shall it prepare the bidding documents or provide consultation for the project bidders.
Article 24 A tenderer shall strictly abide by the provisions of relevant laws and administrative regulations on the collection of various types of deposits, and specify the form, amount and return time of the deposits in the tender documents.
The bidder shall not increase or increase the deposit in any name or in disguised form or change the form, amount and return time of the deposit specified in the tender documents without authorization. During the pre-qualification period, the tenderee shall not collect any form of deposit.
Article 25 Where a tenderer requires a bidder to submit a bid bond in the tender documents, the bid bond shall not exceed 2% of the estimated price of the bid section. The validity period of the bid bond shall be consistent with the validity period of the bid.
Bidders of highway engineering construction projects that must be subject to tender according to law who submit bid bond in the form of cash or cheque shall be transferred from their basic account. If the bid bond submitted by the bidder does not meet the requirements of the bidding documents, its bid will be rejected.
The tenderer shall not misappropriate the bid bond.
Article 26 A tenderer shall, in accordance with relevant national laws and regulations, specify clearly in the tender documents the projects and services that are allowed and not allowed to be subcontracted, the qualifications that subcontractors should have and the management requirements for subcontracting.
Bidders shall not set clauses discriminating against subcontracting in the bidding documents.
If a bidder commits one of the following acts, it is a discriminatory clause as mentioned in the preceding paragraph:
(a) to the subcontract workload scale as a condition for refusing to bid;
(2) Set the penalty clauses in accordance with laws, regulations and bidding documents for the bidder's subcontracting scheme;
(3) Divide bidders according to the subcontracting workload scale;
(4) Restrict the subcontracting behavior of bidders with other unreasonable conditions.
Article 27 A tenderer shall reasonably divide the risks of both parties in the tender documents, and shall not set unreasonable clauses that transfer the risks undertaken by the tenderer to bidders such as survey, design, construction and supervision. The tender documents shall set reasonable price adjustment clauses, clearly stipulate the payment period of the contract price, the standard and date of interest calculation and payment, and ensure the equality of both parties.
Twenty-eighth a tenderer shall, according to the specific characteristics of the project subject to tender and the relevant provisions of these measures, set reasonable evaluation criteria and methods in the tender documents. The bid evaluation criteria and methods shall not contain contents that tend to or exclude potential bidders, and shall not hinder or restrict competition among bidders. It is forbidden to directly determine the winning candidates by lottery, lottery and other gambling methods.
Twenty-ninth projects, goods and services that are included in the scope of the project subject to tender in the form of temporary valuation belong to the scope of the project subject to tender according to law and meet the scale standards stipulated by the state, and shall be subject to tender according to law. The contract terms of a project subject to tender shall stipulate the subject responsible for the bidding of the project subject to provisional evaluation and the corresponding bidding procedures.
Chapter III Bidding
Thirtieth bidders are legal persons or other organizations that respond to bidding and participate in bidding competition.
A bidder shall meet the qualification conditions stipulated in the tender documents and have the corresponding ability to undertake the project subject to tender.
Article 31 The qualifications, achievements, qualifications of key personnel, current employment situation, credit rating and other information reported by bidders in the bidding documents shall be consistent with the relevant information reported and published in the credit information management system of the highway construction market of the transportation department.
Article 32 A bidder shall bind and seal the tender documents according to the requirements of the tender documents, and deliver the tender documents to the tenderer at the time, place and manner specified in the tender documents.
The bidding documents for supervision bidding highway engineering survey, design and construction are sealed in double envelopes, with business documents and technical documents in the first envelope and quotation documents in the second envelope.
In highway engineering construction bidding, the tenderee adopts the pre-qualification method, the bid evaluation method is the lowest price method of technical bid evaluation, or the post-qualification method is adopted. The bid documents are sealed in double envelopes, the first envelope contains business documents and technical documents, and the second envelope contains quotation documents.
Article 33 After the bid documents are delivered as required, and before the deadline stipulated in the tender documents, if the bidder modifies or withdraws the bid documents, it shall notify the tenderer in writing.
The tender document amendment letter is an integral part of the tender document, including its preparation form, sealing method, delivery time, etc. Should be carried out in accordance with the provisions of the tender documents.
If the bidder withdraws his bid documents before the deadline for bidding, and the tenderer has collected his bid bond, the tenderer shall return his bid bond within 5 days from the date of receiving the written notice of withdrawal from the bidder.
If the bidder cancels the bidding documents after the deadline, the tenderer may not return the bid bond.
Thirty-fourth after winning the bid, if a bidder intends to subcontract part of the work of the winning project in accordance with the provisions on subcontracting in the bidding documents, it shall be stated in the bidding documents.
The project or service that the bidder has not included in the subcontracting plan in the bidding documents shall not be subcontracted after winning the bid, except as otherwise provided by laws, regulations or bidding documents.
Chapter IV Bid Opening, Bid Evaluation and Bid Winning
Article 35 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place predetermined in the tender documents.
If there are less than three bidders, the bid opening shall not be allowed, and the bid documents shall be returned to the bidders on the spot; The tenderer shall re-invite tenders.
Article 36 The bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate. The bid opening process shall be recorded and filed for future reference. If a bidder has any objection to the bid opening, it shall raise it at the bid opening site, and the tenderer shall reply on the spot and make records. Bidders who do not attend the bid opening will be deemed to have no objection to the bid opening process.
Article 37 If the bid documents are sealed with double envelopes according to the provisions of the tender documents, the bid opening shall be conducted in public in two steps:
Step 1, the business documents and technical documents in the first envelope are opened, and the second envelope is not opened by the tenderer;
The second step is to announce the list of bidders who have passed the evaluation of business documents and technical documents, open the bidding documents in the second envelope and read out the bidding quotation. If the business documents and technical documents fail to pass the review, the second envelope will not be opened and will be returned to the bidder on the spot; If the bidder fails to attend the bid opening of the second envelope, the tenderer shall return the second envelope intact to the bidder in time after the bid evaluation.
Article 38 A tenderer shall set up a bid evaluation committee in accordance with the relevant provisions of the state to be responsible for bid evaluation.
For highways, first-class highways, independent bridges and independent tunnel projects approved or approved by the state, the experts of the bid evaluation committee shall be randomly selected by the tenderer from the relevant majors in the national key highway construction project bid evaluation expert database; Experts from the bid evaluation committees of other highway engineering construction projects can be randomly selected from the related majors of the provincial highway engineering construction project bid evaluation expert database, or from the related majors of the national key highway engineering construction project bid evaluation expert database.
For special bidding projects with complex technology, strong professionalism or special requirements of the state, if it is difficult for the bid evaluation experts determined by random selection to ensure their competence in bid evaluation, they can be directly determined by the tenderer.
Thirty-ninth the Ministry of Transport is responsible for the management of the national key highway construction project evaluation expert database.
The transportation department of the provincial people's government shall be responsible for the management of the bid evaluation expert database of highway engineering construction projects within its administrative area.
Fortieth the bid evaluation committee shall democratically recommend a chairman to be responsible for organizing the members of the bid evaluation committee to conduct bid evaluation. The chairman of the bid evaluation committee enjoys the same rights and obligations as other members of the bid evaluation committee.
Article 41 A tenderer shall provide the information necessary for bid evaluation to the bid evaluation committee, but shall not explicitly or implicitly favor or exclude specific bidders.
The information required for bid evaluation mainly includes bidding documents, clarification or modification of bidding documents, bid opening records, bidding documents and prequalification documents. The tenderer may assist the bid evaluation committee to carry out the following work and provide relevant information:
(a) according to the tender documents, prepare the corresponding form for bid evaluation;
(2) Arithmetic check of tender offer;
(3) According to the evaluation criteria and methods, list all deviations of the bidding documents relative to the bidding documents, and classify and summarize them;
(four) query the credit information management system of highway construction market, and verify the qualifications, performance, qualifications of key personnel, current employment situation and credit rating of bidders.
Before the bid evaluation committee characterizes all deviations, the tenderee shall not make any evaluation, intentionally omit or unilaterally extract the bidding documents, and shall not disclose the names of bidders with deviations.
The bid evaluation committee shall, in accordance with the provisions of the tender documents, conduct a comprehensive and independent evaluation of all tender documents, and check the above-mentioned relevant information provided by the tenderer. If errors or omissions are found, they shall be corrected.
Article 42 The bid evaluation committee shall conduct bid evaluation according to the bid evaluation standards and methods determined in the tender documents. The bid evaluation criteria and methods not specified in the tender documents shall not be used as the basis for bid evaluation.
Forty-third highway engineering survey, design and construction of supervision bidding, the comprehensive evaluation method should be adopted to evaluate the bids, and the bidders' business documents, technical documents and quotation documents should be graded, and the successful candidates should be recommended according to the comprehensive scores from high to low. The score weight of the bid evaluation price shall not exceed 10%, and the score of the bid evaluation price shall be calculated according to the deviation degree between the bid evaluation price and the bid evaluation benchmark price.
Forty-fourth highway engineering construction bidding and evaluation should adopt the comprehensive evaluation method or the lowest bid price method after evaluation. Comprehensive evaluation methods include reasonable low price method, lowest price method of technical evaluation and comprehensive evaluation method.
Reasonable low price method refers to the bid evaluation method that bidders who have passed the preliminary evaluation are not graded on factors such as construction organization design, project management organization, technical ability, etc., but only on the basis of the benchmark price, and the successful candidates are recommended from high to low.
The lowest price method of technical evaluation refers to the evaluation of the construction organization design, project management organization, technical ability and other factors of the bidders who have passed the preliminary evaluation, the evaluation of the bidding documents of the bidders within the number specified in the bidding documents from high to low, and the evaluation method of recommending the successful candidates from low to high. The number of bidders participating in the evaluation of quotation documents specified by the tenderer in the tender documents shall not be less than 3.
Comprehensive evaluation method refers to the evaluation of the bid evaluation price, construction organization design, project management organization, technical ability and other factors of the bidders who have passed the initial evaluation, and recommends the winning candidate according to the comprehensive score from high to low. The score weight of the bid evaluation price shall not be less than 50%.
The lowest bid price method after evaluation refers to the bid evaluation method that the bidders who have passed the preliminary evaluation are sorted from low to high according to the bid evaluation price, and the successful candidate is recommended.
Highway engineering construction bidding and evaluation generally adopts the reasonable low price method or the lowest technical evaluation price method. Comprehensive scoring method can be used for the main works of super-large bridges and extra-long tunnels with particularly complicated technology. For small-scale and low-tech projects, the lowest evaluated bid price method can be adopted.
Forty-fifth the implementation of design and construction general contracting bidding, the tenderer shall determine the bid evaluation method according to the engineering geological conditions, technical characteristics and construction difficulty.
If the comprehensive evaluation method is adopted in the evaluation of design and construction general contracting, the evaluation factors include the evaluation price, project management organization, technical ability, design document optimization suggestion, design and construction general contracting management scheme, construction organization design and other factors, and the evaluation weight of the evaluation price is not less than 50%.
Forty-sixth members of the bid evaluation committee shall perform their duties objectively, fairly and prudently, and abide by professional ethics. Members of the bid evaluation committee shall complete the bid evaluation work item by item in accordance with the bid evaluation order and content stipulated in the bid evaluation measures, and be responsible for the fairness, objectivity and accuracy of their own bid evaluation opinions and scores.
In addition to the bid evaluation price and performance reputation score, the score of the members of the bid evaluation committee on the commercial and technical factors of the bidder shall generally not be lower than 60% of the full score of this factor specified in the tender documents; If the score is less than 60%, the members of the bid evaluation committee shall explain it in the bid evaluation report.
The tenderer shall record the performance of duties by members of the bid evaluation committee in bid evaluation activities, and specify it in the written report on the bidding situation.