Chapter I General Principles
Article 1 In order to standardize the bidding activities of housing construction and municipal infrastructure projects, safeguard the legitimate rights and interests of the bidding parties, ensure the project quality and improve the investment benefit, according to the Bidding Law of People's Republic of China (PRC), the Measures for the Implementation of the Bidding Law of People's Republic of China (PRC) in Shaanxi Province, the Measures for the Administration of Bidding for Housing Construction and Municipal Infrastructure Projects of the Ministry of Construction and the Measures for the Administration of the Tangible Market of Bidding for Construction Projects in Shaanxi Province,
Article 2 Within the administrative region of this province, all kinds of housing construction and municipal infrastructure construction bidding activities and their supervision and management must be conducted in accordance with the law, and these Measures shall be applicable.
The term "housing construction project" as mentioned in these Measures refers to all kinds of housing construction and its ancillary facilities, as well as supporting lines, pipelines, equipment installation projects and indoor and outdoor decoration projects.
Municipal infrastructure projects refer to civil engineering, pipeline and equipment installation projects of urban roads and bridges, public transportation, water supply, drainage, gas, heat, gardens, sanitation, sewage treatment, garbage disposal, flood control, underground public facilities and their ancillary facilities.
Article 3 Housing construction and municipal infrastructure projects (hereinafter referred to as construction projects) that meet the scope and scale standards stipulated in the Measures of Shaanxi Province for Implementing the Bidding Law of People's Republic of China (PRC) (hereinafter referred to as the Measures) shall be subject to tender.
Fourth construction administrative departments shall supervise and manage the construction bidding activities according to law, and investigate and deal with illegal acts in the construction bidding activities.
The provincial construction administrative department is responsible for the supervision and management of the bidding activities of construction projects in the province. City (demonstration area) and county (city) construction administrative departments shall be responsible for the supervision and management of the bidding activities of the city (demonstration area) and county (city) construction projects.
Provincial construction project bidding management institutions are specifically responsible for the supervision and management of the bidding activities of the central units in Shaanxi and provincial units; City (demonstration area), county (city) construction project bidding management agencies specifically responsible for the city (demonstration area), county (city) is a unit of project construction bidding activities to implement supervision and management.
Article 5 The pricing method of construction project subject to tender shall be based on the bill of quantities.
Article 6 The tendering and bidding activities for construction projects shall be conducted openly in the legally established tangible construction market.
Chapter II Bidding
Seventh construction bidding by the tenderer according to the ownership of the project, under the supervision of the bidding supervision institutions with corresponding authority, or entrust a bidding agency with corresponding qualifications to organize the implementation.
A tenderer who organizes construction bidding by himself shall meet the conditions prescribed by laws and regulations.
Eighth construction project bidding shall meet the following conditions:
(a) in accordance with the relevant provisions of the state and the province need to perform the examination and approval procedures and have been approved;
(two) with the corresponding construction funds or sources of funds have been implemented;
(three) there are design documents that meet the needs of construction bidding and have been reviewed;
(4) Other conditions stipulated by laws and regulations.
Ninth construction bidding is divided into public bidding and invitation bidding.
Construction projects invested by state-owned funds or financed by the state and residential construction projects of state-owned units shall be subject to public bidding. Other construction projects can be invited to tender.
In any of the following circumstances, the construction project that should be publicly invited for bidding may be invited for bidding in accordance with the provisions of the state and this province:
(a) because of the technical complexity or special requirements of the project, only a few potential bidders can choose;
(2) Limited by natural resources or environment;
(three) involving national security, state secrets or disaster relief, which is suitable for bidding but not suitable for public bidding;
(four) the cost and time required for public bidding are not commensurate with the value of the project and do not meet the requirements of economic rationality;
(five) other laws and regulations are not suitable for public bidding.
Tenth engineering construction projects in any of the following circumstances, with the approval of the administrative department of construction, can not tender:
(a) the unit project is suspended or postponed to resume work after construction, and the contractor has not changed;
(two) the project built by the construction enterprise for its own use, and the qualification grade of the enterprise meets the requirements of the construction project;
(three) the construction of additional ancillary small projects or main storey-adding projects, and the original winning bidder still has the ability to contract;
(four) other provisions of laws and regulations can not be tender.
Eleventh projects that must be subject to tender according to law, the tenderer shall handle the tender matters by himself, and file with the supervision and administration institution of construction project bidding, and submit the following written materials:
(1) Business license, legal person certificate or certification documents;
(two) the basic situation of professional bidding agencies;
(3) Having professionals in engineering technology, economy, project management, etc. suitable for the scale and complexity of the project, having similar experience in bidding for construction projects, and being familiar with relevant laws and regulations on bidding for construction projects, among which there are not less than 3 self-owned professionals with intermediate titles or above in related majors; A tenderer who prepares the bill of quantities or the highest bid price limit by himself shall have professional and qualified engineering cost practitioners registered in his own unit, including at least one registered cost engineer.
(4) Other materials.
Twelfth construction bidding should be carried out according to the following procedures:
(a) the implementation of bidding for the record;
(two) after the bidding supervision and management institutions for the record, issue a tender announcement, or issue an invitation to bid;
(three) the preparation of prequalification documents and tender documents;
(4) Pre-qualification of bid applicants and determination of bidders;
(5) Issuing tenders;
(6) Organize bidders to visit the site and answer questions;
(seven) to set up a bid evaluation committee according to law;
(eight) bid opening, evaluation and selection;
(nine) issued a letter of acceptance;
(10) signing a construction contract.
Article 13 A tenderer or a tendering agency shall submit the following materials to the tendering and bidding supervision and management institution with corresponding regulatory responsibilities five working days before issuing the tender announcement or invitation letter:
(a) the approval documents for the examination and approval procedures in accordance with the relevant provisions of the state and this province;
(2) Written materials required in Article 11 of these Measures, including the list of professional and technical personnel, professional title certificates, practice certificates and proof materials of their work experience, or the qualification certificates and agency contracts of the entrusted tendering agency;
(3) Other materials as prescribed by laws and regulations.
If the tendering and bidding supervision and management institution fails to raise any objection to the submitted materials within three working days, the tenderee or tendering agency may implement the tendering and bidding activities.
Fourteenth public bidding projects, the tenderer should be in accordance with the provisions of the corresponding media and physical construction market website issued a tender notice to trade. The registration time stipulated in the tender announcement shall not be less than five working days.
For a construction project subject to tender, the tenderer shall issue an invitation to bid to three or more legal persons or other organizations capable of undertaking the project subject to tender.
Fifteenth tender announcement or invitation to bid shall generally include the following main contents:
(a) the name and address of the bidder;
(2) The nature, scale and location of the project subject to tender;
(three) the source and implementation of the project funds;
(four) the way of project contracting;
(5) Qualification requirements of bidders;
(six) the bidding work schedule;
(seven) the method and cost of obtaining pre-qualification documents or bidding documents.
Article 16 If the pre-qualification is carried out for the construction project bidding that must be publicly invited according to law, and the bid is evaluated by the lowest evaluated bid price method, the tenderee must invite all qualified applicants to participate in the bidding, and the number of bidders shall not be limited.
If the pre-qualification is carried out for the construction bidding of construction projects that must be open to public bidding according to law, the comprehensive evaluation method is used to evaluate the bids. When the number of qualified applicants is too large, the method of random selection is generally adopted. Under special circumstances, the method of grading and sorting can also be used to select a specified number of qualified applicants to participate in the bidding. Among them, if the project investment is more than 6.5438+million yuan, no less than 654.38+02 qualified applicants shall be invited; For projects with an investment of100000 yuan, at least 9 qualified applicants shall be invited.
Where post-qualification examination is implemented, the tender documents shall set up a special chapter to clarify the conditions and qualifications of qualified bidders, as well as the evaluation standards and methods of post-qualification examination.
Qualification confirmation of bidders is based on their legal qualifications (qualifications) and credit files, and priority is given to their performance. Bidding registration, prequalification and determination of bidders shall be carried out under the supervision of bidding supervision and management institutions with corresponding regulatory qualifications.
Seventeenth a tenderer shall not terminate the tender without authorization after issuing a tender announcement, an invitation to bid or selling pre-qualification documents or tender documents. If the tenderer cancels the tender due to force majeure, it shall compensate the bidder for the direct economic losses.
Article 18 A tenderer shall prepare the tender documents by himself or by entrusting a tender agency. The tender documents shall include the following contents:
(1) Instructions for Bidding. Including the general situation of the project, bidding scope, bid division, time limit for a project, quality standards, on-site reconnaissance and answering questions, requirements for preparation, submission, modification and withdrawal of bid documents, bid quotation requirements, bid validity period, bid evaluation standards, principles and methods, time and place of bid opening, etc.
(two) the technical requirements and design documents of the project subject to tender;
(three) the bill of quantities compiled by the unit project;
(four) the format and attachments of the tender letter and tender;
(five) the main terms of the contract to be signed;
(6) The bid bond, performance guarantee and the way and amount of payment guarantee;
(seven) other materials required by the bidder.
The time limit for a project subject to tender shall be the fixed time limit issued by the state. When the bidding period exceeds 15% in advance, the tenderee shall pay the overtime fee. When the construction period exceeds twelve months, the tender documents shall specify the project cost index system, price adjustment factors and adjustment methods.
Nineteenth bill of quantities shall be compiled in accordance with the relevant provisions of the construction project cost management, and the tenderer shall be responsible for its completeness and correctness.
Article 20 A tenderer shall submit the prequalification documents and tender documents to the tendering and bidding supervision and management institution that implements supervision and management for the record, and shall not file documents with incomplete contents or inconsistent with relevant regulations.
The tenderer shall distribute or sell the pre-qualification documents and bidding documents that have passed the record to the bid applicants, the bid applicants who have passed the pre-qualification or the invitees.
Article 21 A tenderer shall not be less than 20 days from the date when the tender documents are issued (sold) to the date when the tender documents are submitted.
Article 22 Where a tenderer makes necessary clarifications or amendments to the tender documents that have been issued, it shall notify all recipients of the tender documents in writing fifteen days before the deadline for submission of the tender documents, and at the same time report to the tendering and bidding supervision and management institution in charge of supervision for the record. This clarification or modification is an integral part of the tender documents.
Twenty-third after the tender documents are issued, bidders who have questions about the tender documents or need to clarify the site inspection shall submit them to the tenderer in writing ten days before the deadline for bidding. The tenderer shall give all bidders a consistent reply in written form or in the form of bidding question-and-answer meeting seven days before the deadline for bidding. When a bidding question-and-answer meeting is held, minutes of the meeting shall be formed, and all bidders shall be notified in writing, and at the same time, they shall be reported to the bidding supervision and management institution that implements supervision for the record. The written reply and the minutes of the Q&A meeting have the same effect as the bidding documents.
Twenty-fourth the construction project bidding by bill of quantities, the tenderer shall set the maximum price in advance. The establishment of the price limit shall comply with the relevant provisions of the construction project cost management, and shall not float at will, and shall be announced to all bidders at the same time three days before the deadline for bidding. If the highest quotation price limit is not compiled in accordance with the relevant provisions, the tendering and bidding supervision institution shall order it to make corrections, and may suggest the organ with corresponding law enforcement power to impose necessary penalties on the compilation unit.
Chapter III Bidding
Twenty-fifth bidders should have the corresponding qualifications and qualifications, and should meet the requirements of engineering performance, technical ability, project manager qualification, financial status and so on.
Twenty-sixth bidders in any of the following circumstances, it is forbidden to participate in the bidding, concealing the real situation to defraud the bid, the bid is invalid:
(1) The enterprise is ordered to suspend business;
(two) the bidding qualification has been suspended or cancelled;
(3) The property is taken over, frozen or bankrupt;
(4) Being the same legal representative as the bidder;
(5) Other circumstances stipulated by laws and regulations.
Twenty-seventh bidders shall, in accordance with the relevant provisions of the construction project cost management and the requirements of the tender documents, independently quote and prepare the tender documents, respond to the substantive requirements and conditions put forward in the tender documents, and be responsible for the authenticity of the tender documents.
If the tender documents allow bidders to provide alternatives, bidders can submit alternatives and make corresponding quotations according to the requirements of the tender documents.
Article 28 The bid documents shall generally include the following contents:
(a) letter of tender;
(two) the construction organization design or implementation plan of the engineering construction project;
(3) tender offer;
(four) other materials required by the tender documents.
Article 29 A tenderer may require a bidder to submit a bid security in the tender documents. The bid bond can be in the form of bid guarantee or bid bond, and its amount generally does not exceed 2% of the total bid price, with a maximum of 500,000 yuan.
Article 30 A bidder shall submit a bid bond or pay a bid bond to the tenderer in the manner and amount required in the tender documents.
Within five working days after the end of the bid evaluation, the tenderer shall refund the principal and interest of the bid bond or the deposit to the unsuccessful candidates in full; Within five working days after signing the contract with the winning bidder, the tenderer shall return the principal and interest of the bid bond or the letter of guarantee to the winning bidder and other successful candidates in full.
Thirty-first bidders shall not bid at a price lower than the cost of the enterprise, nor shall they bid in the name of others or defraud the bid by other means.
Chapter IV Bid Opening, Bid Evaluation and Bid Selection
Article 32 The bid opening shall be conducted in public in the physical construction market at the same time as the deadline for submission of bid documents determined in the tender documents, and shall be subject to the supervision of the tendering and bidding supervision and management institutions. The bid opening meeting shall be presided over by the tenderer or its entrusted bidding agency, and all bidders shall be notified to attend.
Thirty-third when opening bids, it is found that a bidder has one of the following circumstances, and shall not enter the bid evaluation:
(a) after the implementation of the qualification review, the bidder did not carry the business license, enterprise qualification certificate, safety production license, Shaanxi construction enterprise registration certificate, builder registration certificate (project manager qualification certificate) and the legal representative of the enterprise or the power of attorney of the legal representative and his ID card and other valid documents;
(2) The original or duplicate of the bid letter and bid documents in the bid documents are not stamped with the seal of the bidder's enterprise and its legal representative or the agent entrusted by the legal representative of the enterprise;
(3) If the consortium bids, the bidding documents are not attached with the bidding agreement of the parties to the consortium;
(four) the bid documents are not sealed as required;
(five) the name or organization of the bidder is inconsistent with the name of the pre-qualification or the relevant documents of the bidder;
(six) the bidder fails to submit the bid bond or guarantee as required.
Article 34 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation. The person in charge of the bid evaluation committee shall be elected by the bid evaluation committee or designated by the tenderer. The bid evaluation committee is composed of representatives who are familiar with the relevant business of the tenderee or the tendering agency entrusted by it, as well as relevant technical and economic experts, with an odd number of five or more members. Among them, experts other than the tenderee and the tendering agency shall not be less than two-thirds of the total number of members, and shall be randomly selected from the bid evaluation expert database established by the provincial construction project bidding supervision and management institution within the same working day of bid opening.
The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.
Thirty-fifth any of the following circumstances, the bidder is unqualified:
(a) the tender documents are not filled in the format specified in the tender documents, and the contents are incomplete or the keywords are illegible;
(two) the tender offer is higher than the maximum price;
(3) The bidder submits two or more bidding documents with different contents or has multiple different quotations for the same project, except that alternative bidding schemes can be submitted according to the provisions of the bidding documents;
(four) the bidder arbitrarily changes the contents of the bill of quantities provided by the tenderer (including the unit price specified by the tenderer);
(5) Non-competitive expenses are not calculated according to relevant regulations;
(six) the completion time of the project subject to tender stipulated in the tender documents exceeds the time limit stipulated in the tender documents;
(seven) the bidder refuses to clarify, explain or correct the bidding documents as required;
(eight) the validity of the bid is less than the time limit stipulated in the tender documents;
(nine) did not fully respond to the substantive terms of the tender documents;
(ten) other circumstances stipulated by laws and regulations.
Article 36 The bid evaluation committee may require bidders to make necessary clarifications or explanations on the unclear contents in the bid documents in writing. The bidder shall make clarification or explanation in written form, and the clarification or explanation shall not go beyond the scope of the tender documents or change the substantive contents of the tender documents.
Article 37 The bid evaluation may adopt the comprehensive evaluation method, the bid winning method with a low price not lower than the reasonable cost price or other methods permitted by laws and regulations.
Article 38 If the comprehensive evaluation method is adopted, it shall evaluate and compare whether the bidding documents can meet the requirements and evaluation criteria stipulated in the bidding documents to the maximum extent, including the achievements of high-quality projects and civilized construction sites, as well as the new technologies, new processes, building energy conservation and safe construction schemes enforced by the state.
Article 39 If the bid winning method with a low price not lower than the reasonable cost price is adopted, the bid evaluation committee may require the bidder to make a written explanation and provide relevant materials under any of the following circumstances:
(a) the bid price is lower than the bid evaluation standard price or the reasonable range of the highest bid price limit;
(two) there is no maximum price, and the tender offer is obviously lower than the average tender offer of other bidders, which may be lower than the cost of the enterprise.
If the bid evaluation committee demonstrates that the bidder's quotation may be lower than its enterprise cost, it may be persuaded to give up winning the bid. If the bidder does not give up the bid and has a maximum price, the difference between the bidder's bid price and the maximum price can be used as an additional performance guarantee after winning the bid; If there is no maximum bid price limit, the difference between the bid price of this bidder and the average bid price of other bidders can be used as an additional performance guarantee after winning the bid.
Fortieth members of the bid evaluation committee shall evaluate the bid documents according to the bid evaluation standards and methods determined in the bidding documents, and sign the bid evaluation results for confirmation.
After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer, recommend one to three successful candidates, and indicate the ranking order.
Article 41 The contents of the bid evaluation report shall include:
(a) the bidding situation, including the general situation of the project, the scope of bidding and the main process of bidding;
(two) the bid opening, including the time and place of bid opening, the units and personnel attending the bid opening meeting, and the bidding situation;
(three) the evaluation, including the list of members of the bid evaluation committee, the evaluation method, content and basis, as well as the analysis and evaluation opinions on the bidding documents;
(four) the evaluation results, including the ranking of bidders, the recommendation of successful candidates, etc.;
(five) in the process of bid evaluation, the original bid evaluation materials and other attachments of the members of the bid evaluation committee.
The bid evaluation report shall be completed after the bid evaluation and signed by all members of the bid evaluation committee.
Article 42 A tenderer shall determine the winning bidder according to the ranking of the winning bidder recommended by the bid evaluation committee, or may authorize the bid evaluation committee to directly determine the winning bidder according to the ranking of the winning bidder and publicize it, and the publicity time shall not be less than two working days.
The tenderer shall not determine the winning bidder other than the winning candidate recommended by the bid evaluation committee.
Article 43 If there are less than three bidders who have passed the evaluation by the bid evaluation committee, the tenderer shall reorganize the bidding, notify the bidders who have submitted the bid documents, and return the bid documents and bid bond.
Article 44 A tenderer shall determine the winning bidder within 30 days after the end of bid evaluation.
Article 45 A tenderer shall, within/0/5 days from the date of determining the winning bidder, file with the tendering and bidding supervision and management institution that implements supervision and management.
Article 46 The tenderer and the winning bidder shall conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder within 30 days from the date of issuance of the bid-winning notice, and the winning bidder shall be the contract price; The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
The winning bidder shall send the written contract to the competent construction department or its authorized institution for the record.
Article 47 A tenderer shall provide a guarantee for the payment of project funds, and the winning bidder shall provide a performance guarantee. The amount and method of guarantee shall comply with the relevant provisions, and the guarantee contract is an essential annex to the project contract.
Article 48 The winning bidder shall perform its obligations in accordance with the contract, and shall not transfer or dismember the winning project for subcontracting, except the subcontracted project agreed in the contract.
Article 49 The construction contract shall stipulate that the construction unit (the tenderee) shall pay the project funds on time, and shall not advance the construction unit (the winning bidder) in the form of deposit in violation of the provisions of these Measures.