Jiaogong Road Fa [2006] No.57
The transportation departments of all provinces and autonomous regions, Beijing and Chongqing Municipal Transportation Committees, Tianjin Municipal Engineering Bureau, Shanghai Municipal Engineering Administration Bureau, and Xinjiang Production and Construction Corps Transportation Bureau:
In order to standardize the qualification examination of highway engineering construction bidding, the measures for pre-qualification examination of highway engineering construction bidding are hereby printed and distributed to you, please follow them.
Ministry of Communications of People's Republic of China (PRC) (Seal)
February 2006 16
Measures for prequalification of highway engineering construction bidding
Chapter I General Provisions
Article 1 In order to standardize the prequalification of highway engineering construction bidding, these Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the Measures for the Administration of Highway Engineering Construction Bidding.
Article 2 These Measures shall apply to the prequalification of highway engineering construction bidding.
Article 3 Pre-qualification of highway engineering construction bidding means that the tenderee examines the bidding qualifications of potential bidders before issuing the invitation for bidding. Only potential bidders who have passed the prequalification can obtain the bidding qualification.
Article 4 Potential bidders refer to construction enterprises with independent legal person qualification, business license, construction qualification and construction ability corresponding to the project subject to tender.
Article 5 The tenderee shall be responsible for the pre-qualification work, and no unit or individual may illegally interfere.
Article 6 Pre-qualification work shall follow the principles of openness, fairness, impartiality, scientificity and merit-based, and local protection and industry protection shall not be implemented, and different qualification standards shall not be set for potential bidders in different regions and industries.
Chapter II Pre-qualification Procedures and Requirements
Article 7 Pre-qualification shall be conducted according to the following procedures:
(a) the tenderer to prepare pre-qualification documents;
(2) Issuing a prequalification announcement;
(3) Selling pre-qualification documents;
(4) potential bidders prepare and submit prequalification application documents;
(5) Examining the application documents for prequalification;
(six) the preparation of qualification examination report;
(seven) announcement of prequalification results.
Article 8 Pre-qualification documents shall include the following main contents:
(1) prequalification announcement;
(2) Instructions for prequalification;
(3) the format of the prequalification application form;
(4) Relevant attachments: general situation of the project, details of each bid section, planned construction period, implementation requirements, construction environment and conditions, bidding progress plan, etc.
The tenderer shall, according to the actual project, scientifically divide the bid sections and reasonably determine the qualification standards.
Article 9 The prequalification announcement shall include the following contents:
(a) the name and address of the bidder;
(two) the basic situation of the project subject to tender and each bid;
(3) Qualifications and requirements of bidders in each bid section;
(four) the way, time, place and cost of obtaining the prequalification documents;
(five) the place and deadline for submitting the application documents for pre-qualification;
(six) other matters that the tenderer thinks should be informed.
The pre-qualification announcement shall be published in the media designated by the state. The announcement shall not contain any content that restricts qualified potential bidders from purchasing prequalification documents.
Article 10 The prequalification announcement shall include the following contents:
(1) The number of tenders that potential bidders can apply for prequalification and the number of tenders that can pass prequalification;
(two) the requirements for the construction experience, construction ability (including personnel, equipment and financial status), management ability and performance reputation of potential bidders;
(3) Provisions and requirements for subcontracting, ancillary works and consortium bidding;
(4) Preparation and submission requirements of prequalification application documents (including preparation format, content, signing, binding, sealing and submission method, number of copies, time and place, etc.). );
(5) Revision of prequalification documents and clarification requirements of prequalification application documents;
(six) prequalification methods, bid evaluation criteria (including compliance conditions, mandatory standards, scoring standards, etc.). ) and eligibility criteria;
(seven) the way and time to inform the results of the qualification examination;
(eight) the rights enjoyed by the tenderer and potential bidders respectively;
(nine) other matters that the tenderer thinks should be informed.
Article 11 A tenderer shall sell the prequalification documents at the time and place specified in the prequalification announcement. From the date of sale of the prequalification documents to the date of stopping the sale, the shortest time shall not be less than 5 working days.
Article 12 Pre-qualification documents shall be sold at a reasonable price and shall not be for profit. Conditional, you can sell the prequalification documents through the information network.
Article 13 A tenderer shall reasonably determine the preparation time of the prequalification application documents, which shall not be less than 65,438+04 working days from the date when the prequalification documents are put on sale to the date when potential bidders submit the prequalification application documents.
Article 14 If a tenderer needs to supplement, explain, errata or partially modify the pre-qualification documents that have been sold, it shall notify all potential bidders who have purchased the pre-qualification documents in the form of number addendum 7 days before the deadline for submitting the pre-qualification application documents. Supplements, explanations, corrections or partial modifications to the pre-qualification documents that have been sold are part of the pre-qualification documents.
If there are less than three units that purchase pre-qualification documents or submit pre-qualification application documents, the tenderer shall reorganize the pre-qualification or adopt the method of inviting tenders with the approval of relevant departments.
Chapter III Pre-qualification Application
Fifteenth potential bidders shall, in accordance with the requirements of the prequalification documents, prepare the prequalification application documents, and specify the following contents:
(1) Business license;
(two) the relevant engineering construction qualification certificate;
(3) Certificate of legal person or power of attorney and notarial certificate of legal representative;
(4) Proof of financial reputation and ability (including financial balance sheet and financial audit in recent three years, etc.). );
(5) Resumes, relevant qualification certificates and performance certificates of the project leaders and main technical personnel to be dispatched, and provide relevant information of alternative personnel as required;
(six) the main construction machinery and equipment to be used to complete the bidding project;
(seven) the preliminary construction organization plan, including quality assurance system and safety management measures. ;
(eight) the construction performance of similar projects completed in the past five years and the certification materials of performance reputation;
(nine) all the projects that are currently undertaken and have won the bid;
(10) Information on the composition of assets and relevant enterprises that have participated in the shares;
(1 1) If there is subcontracting, subcontracting construction or bidding in the form of consortium, the potential bidders shall meet the requirements in Articles 17, 18 and 19;
(twelve) other relevant documents required by the tenderer.
Sixteenth pre-qualification application documents (original) should be stamped with the official seal of the legal entity, and signed by its legal representative or its authorized agent.
Pre-qualification application documents shall be sealed and delivered to the tenderee at the time, place and manner specified in the pre-qualification documents.
Seventeenth potential bidders, if there is a subcontracting plan, shall comply with the following provisions:
(a) the subcontractor shall have the qualifications and construction ability that are suitable for the contents of the subcontracted project;
(two) provide the subcontractor's business license, qualification certificate, personnel, equipment and other data tables and the workload to be subcontracted.
Article 18 If a potential bidder undertakes the construction by its subsidiary, it shall comply with the following provisions:
(a) clear the name of the branch company specifically responsible for the construction and the main contents of the construction;
(2) The branch shall not participate in the prequalification of the bid in any form;
(3) Pre-qualification application documents shall provide information such as construction experience, construction capacity (including personnel and equipment), management capacity and performance reputation of the branch company.
Article 19 Where a potential bidder applies for prequalification in the form of a consortium, it shall meet the following requirements:
(1) The organizer of the consortium shall have the construction qualification corresponding to the project content of the bid section, and the member units shall have the construction qualification corresponding to the project content undertaken. A consortium composed of units of the same major shall determine the construction qualification level according to the units with lower construction qualification level;
(2) The workload undertaken by the sponsor of the consortium must exceed 50% of the total workload;
(3) After signing the consortium agreement, the parties to the consortium may not separately apply for the prequalification of the same bid in their own names or in the names of other consortium members;
(4) Submit a consortium agreement signed by all the member units of the consortium, specifying the rights and obligations of the promoters and member units and their responsibilities.
Article 20 An affiliated enterprise with investment or equity participation relationship, or a parent company with direct management and managed relationship, or a subsidiary of the same parent company, may not apply for the prequalification of the same bid section at the same time.
Article 21 A legal entity that invests in a project subject to tender or undertakes the construction of a project subject to tender may not apply for pre-qualification of the project.
Article 22 After the prequalification application documents are delivered as required, potential bidders may withdraw or modify the application documents before the prescribed deadline for submission. If it is necessary to modify the application documents, it should be submitted in the form of official letter and explain the reasons.
The formal letter to modify the prequalification application documents is an integral part of the prequalification application documents, and its format requirements, sealing method and delivery time should meet the requirements of the prequalification documents.
Article 23 For the prequalification application documents that are delivered on time and meet the sealing requirements, the tenderee shall issue a receipt certificate to the potential bidders, keep them properly, and shall not open them before the prescribed deadline.
Twenty-fourth pre-qualification application documents are invalid if they are delivered after the prescribed deadline or are not sealed as required.
Chapter IV Qualification Assessment
Article 25 The qualification examination shall be undertaken by the qualification examination committee established by the tenderer.
Article 26 The Qualification Appraisal Committee consists of representatives of the tenderee and experts in related fields, with an odd number of more than five, of which the number of experts shall not be less than half of the total number of members.
Twenty-seventh experts from the Qualification Examination Committee shall be drawn from the bid evaluation expert database established by the the State Council transportation department or the provincial transportation department.
However, in any of the following circumstances, it is not allowed to enter the qualification review committee:
(1) Persons who have close relatives with the principal responsible person or authorized agent of the potential bidder;
(2) Personnel of the local transportation department or administrative supervision department;
(3) Persons who have an interest in potential bidders and may affect the impartial bid evaluation;
(four) other circumstances stipulated by laws, regulations and rules.
The list of members of the review committee shall be kept confidential before the end of the review work.
Twenty-eighth members of the qualification evaluation committee shall perform their duties objectively and fairly, abide by professional ethics, and take personal responsibility for the evaluation opinions put forward.
Twenty-ninth members of the qualification evaluation committee shall not contact potential bidders in private, shall not accept property or other benefits from potential bidders, and shall not disclose relevant information of qualification evaluation.
Thirtieth qualification assessment methods are divided into compulsory qualification assessment methods and comprehensive scoring methods. The tenderee may choose an appropriate bid evaluation method according to the characteristics of the project and the number of potential bidders.
Article 31 The qualification evaluation of potential bidders shall be conducted in strict accordance with the pre-qualification conditions, standards and methods stipulated in the pre-qualification documents. The qualification examination shall not use lottery, lottery and other gambling methods.
Thirty-second qualification examination according to the following procedures:
(1) Compliance check;
(2) Compulsory qualification examination or comprehensive score;
(3) Clarification and verification.
Article 33 The main conditions for conformity inspection are:
(a) the prequalification application documents are complete;
(2) The original prequalification application documents shall be stamped with the official seal of the legal entity of the potential bidder and signed by its legal representative or its authorized agent;
(3) The business license, power of attorney of legal representative and notarial certificate of the potential bidder are valid;
(4) The construction qualification of potential bidders meets the requirements of prequalification documents;
(5) The potential bidder has not been ordered to stop production or business, or is in a state of financial takeover, freezing or bankruptcy;
(six) the potential bidder has not been subject to administrative punishment for canceling the bidding qualification;
(seven) the potential bidders are not involved in the ongoing litigation cases, or although they are involved in the ongoing litigation cases, they will not have a significant impact on the commitment of this project as determined by the review committee;
(eight) the potential bidders meet the provisions of article seventeenth to article twenty-first of these measures;
(nine) the potential bidders did not provide false materials.
Only those who meet the above conditions can enter the next stage of evaluation.
Article 34 Where compulsory qualification evaluation is adopted, the tenderee shall, according to the contents and characteristics of the bid section, formulate compulsory quantitative standards for the qualifications of potential bidders such as construction experience, financial ability, construction ability, management ability and performance reputation. Only potential bidders who all meet the mandatory qualification conditions can pass the qualification examination. The evaluation conclusion can be divided into "passed" and "failed".
Article 35 If the comprehensive evaluation method is adopted, the tenderer shall formulate quantifiable evaluation criteria according to the qualification conditions of potential bidders such as construction experience, financial ability, construction ability, management ability, construction organization and performance reputation, and stipulate the minimum total score for passing the qualification examination. Only the potential bidders whose total score exceeds the specified minimum total score can pass the qualification examination.
For important qualifications, minimum qualification requirements can also be formulated. Those who do not meet the minimum qualification requirements shall not pass the qualification examination. When calculating the score, it should be determined by the average score of the bid evaluation committee, which is calculated after removing a highest score and a lowest score.
Thirty-sixth comprehensive scoring method adopts the percentile system, and the scoring content and weight score are divided as follows:
(a) the score range of similar engineering construction experience is15-25;
(2) The score range of financial ability is10-20;
(3) The score range of main machinery and equipment to be put into this bid is10-20;
(4) The score range of main personnel qualification to be put into this bid section is15-25;
(5) The score range of preliminary construction organization design is10-15;
(6) The score range of performance reputation is 15-25.
Article 37 The Qualification Examination Committee may ask the potential bidders to clarify the ambiguities in the prequalification application documents through the tenderer, but this shall not be used as a reason for the failure of the qualification examination. If a potential bidder fails to clarify according to the requirements of the tenderer, its qualification examination may not be passed. Clarification should be based on written materials, and direct contact with potential bidders is generally not allowed.
Article 38 When examining the qualifications of key personnel, construction achievements and reputation of potential bidders, the qualification examination committee shall make inquiries through the information network of construction enterprises in the transportation industry established by the transportation authorities at or above the provincial level; The information provided by potential bidders is inconsistent with the relevant contents on the enterprise information network. If there are false or exaggerated contents after verification, they will not pass the qualification examination.
Article 39 When evaluating the qualification of a consortium, the construction capacity of the consortium shall be the sum of the construction capacity of the organizer and each member unit. When evaluating the qualifications of potential bidders, including subcontractors, their construction capacity is the sum of the construction capacity of potential bidders and subcontractors.
Article 40 With the consent of potential bidders, the bid evaluation committee may adjust the bid sections applied by potential bidders who have passed the qualification evaluation. After adjustment, if there are still less than three qualified potential bidders, with the approval of relevant departments, the tenderee shall reorganize the pre-qualification or adopt the method of inviting tenders.
Chapter V Qualification Examination Report
Forty-first after the qualification examination, the qualification examination committee shall prepare a qualification examination report, including:
(a) project overview;
(2) A brief introduction to the qualification examination;
(3) the results of qualification examination;
(four) the main reasons for failing to pass the qualification examination and the relevant annexes;
(5) Qualification evaluation form and other attachments.
Article 42 A tenderer shall, within/0/5 days after the completion of the qualification examination, report the qualification examination report to the Ministry of Transport for the record according to the project management authority.
Article 43 If the competent transportation department fails to raise any objection within 5 working days after receiving the qualification examination report, the tenderee may issue an invitation to bid to the potential bidders who have passed the qualification examination, and inform the potential bidders who have not passed the qualification examination of the results of the qualification examination.
Article 44 A tenderer shall not disclose to others the names and quantities of potential bidders who have passed the qualification examination and other bidding information that may affect fair competition.
Forty-fifth pre-qualification work in any of the following circumstances, the tenderer is responsible for organizing re-evaluation.
(a) due to the information provided by the bidder to the Qualification Examination Committee is wrong or incomplete, resulting in significant deviation of the examination results;
(two) due to the reasons of the review committee, there is a major deviation in the review results;
(3) The bid evaluation result is invalid due to the illegal behavior of potential bidders.
Chapter VI Supplementary Provisions
Forty-sixth highway engineering ancillary facilities, small scale, relatively simple technology, particularly tight construction period or a small number of potential bidders, the tenderer can refer to these measures.
Article 47 Where there are special provisions on loans from international financial organizations, loans from foreign governments, and joint ventures, cooperative ventures and wholly-owned highway projects, those provisions shall prevail.
Article 48 The Ministry of Communications shall be responsible for the interpretation of these Measures.
Article 49 These Measures shall come into force as of May 6, 2006. The Measures for Pre-qualification of Highway Engineering Construction Bidding issued by the Ministry of Communications in August, 2007 1997 [1997] No.451] shall be abolished at the same time.