Order No.23 of the National Development and Reform Commission of the People's Republic of China is revised according to the Decision on Abolishing and Modifying Some Bidding Rules and Normative Documents dated March 1 1 2065.
People's Republic of China (PRC) Ministry of Construction
People's Republic of China (PRC) Ministry of Railways
Order of People's Republic of China (PRC) Ministry of Communications
People's Republic of China (PRC) Ministry of Information Industry
ministry of water resources of the people's republic of china
Civil aviation administration of China
State Administration of Radio, Film and Television
No.2 In order to standardize the tendering and bidding activities of survey and design of engineering construction projects, improve economic benefits and ensure engineering quality, the Measures for Bidding and Bidding of Survey and Design of Engineering Construction Projects are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), which are hereby promulgated and shall come into force as of August 1 2003.
Ma Kai, Director of National Development and Reform Commission.
Minister of Construction: Wang Guangtao.
Liu Zhijun is the Minister of Railways.
Zhang Chunxian is the Minister of Communications.
Minister of Information Industry: Wang Xudong
Minister of Water Resources: Wang Shucheng
Director of Civil Aviation Administration of China: Yang Yuanyuan.
Director of State Administration of Radio, Film and Television: Xu Guangchun.
Measures for Bidding for Survey and Design of Engineering Construction Projects June 2003 12
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) for the purpose of standardizing the bidding activities for survey and design of engineering construction projects, improving the investment benefit and ensuring the engineering quality.
Article 2 These Measures shall apply to the tendering and bidding activities for survey and design of engineering construction projects in People's Republic of China (PRC).
Article 3 If a construction project meets the scope and standards stipulated in the Standard Provisions on the Scope and Scale of Bidding for Construction Projects (Order No.3 of the State Planning Commission), it must be invited for bidding in accordance with these Measures.
No unit or individual may break up projects that must be subject to bidding according to law or evade bidding in any other way.
Article 4 In case of any of the following circumstances, the project survey and design may not be subject to tender after being examined and approved by the project examination and approval department: (1) It is not suitable for tender due to special circumstances such as national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to replace work and the need to use migrant workers;
(two) the use of irreplaceable patents or proprietary technology of the main technology, or its architectural art form has special requirements;
(three) the purchaser can survey and design according to law;
(4) Investors of franchise projects selected by means of bidding may conduct their own survey and design according to law;
(five) the technology is complex or professional, and there are less than three survey and design units that can meet the conditions and cannot form effective competition;
(six) the completed project needs modification, expansion or technical transformation, and the design of other units affects the functional compatibility of the project;
(seven) other special circumstances stipulated by the state.
Fifth survey and design bidding work by the tenderer. No unit or individual may illegally interfere in bidding activities in any way.
Sixth development and reform, industry and information technology, housing and urban construction, transportation, railways, water conservancy, commerce, radio and television, civil aviation and other departments. All levels should supervise the bidding activities of construction projects in accordance with the Notice of the General Office of the State Council on Printing and Distributing the Opinions on the Division of Responsibilities for the Administrative Supervision of Bidding Activities of Relevant Departments in the State Council (Guo Ban Fa [2000] No.34) and the division of responsibilities stipulated by various localities, and investigate and deal with illegal acts in bidding activities according to law.
Chapter II Bidding
Article 7 A tenderer may, according to the different characteristics of a construction project, conduct a one-time comprehensive tender for survey and design; Can also be in the premise of ensuring the integrity and continuity of the project, in accordance with the technical requirements of the implementation of sub-division or sub-tender.
A tenderer may not use the provisions of the preceding paragraph to restrict or exclude potential bidders or bidders. A tenderer of a project that must be subject to tender according to law shall not use the provisions of the preceding paragraph to avoid bidding.
Article 8 For a construction project that must be subject to tender according to law, the tenderer may conduct general contracting tender for the survey, design and construction of the project and the procurement of important equipment and materials related to the project construction.
Ninth construction projects that must be subject to survey and design bidding according to law shall meet the following conditions when bidding:
(a) the tenderer has been established according to law;
(two) in accordance with the relevant provisions of the state, it is necessary to perform the procedures of project approval, approval or filing, and it has been approved, approved or filed;
(three) the corresponding funds or sources of funds for the survey and design have been implemented;
(four) have collected the necessary basic data of survey and design;
(5) Other conditions stipulated by laws and regulations.
Tenth engineering construction project survey and design bidding is divided into public bidding and invitation bidding.
Engineering construction projects in which state-owned capital investment occupies a controlling or leading position, as well as national key projects determined by the development and reform department of the State Council and local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, shall be subject to public bidding, in addition to meeting the conditions stipulated in Article 11 of these Measures and being approved according to law.
Eleventh according to the law must be open to tender for the project, can be invited to tender in the following circumstances:
(a) the technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose;
(two) the cost of public bidding accounts for a large proportion of the project contract amount.
In case of any of the circumstances listed in Item (2) of the preceding paragraph, the project that needs to be examined and approved in accordance with the relevant provisions of the state shall be identified by the project examination and approval department when examining and approving the project; Other projects shall be determined by the tenderer applying to the relevant administrative supervision departments. Where a tenderer adopts the method of inviting tenders, it shall ensure that there are more than three specific legal persons or other organizations that have the ability to undertake the survey and design of the project subject to tender and have corresponding qualifications to participate in the bidding.
Article 12 A tenderer shall sell the tender documents or prequalification documents at the time and place specified in the prequalification announcement, tender announcement or invitation to bid. The minimum time shall not be less than five days from the date when the tender documents or pre-qualification documents are sold to the date when the sale is stopped.
Article 13 During the prequalification, the tenderee shall only sell the bidding documents to the potential bidders who have passed the prequalification, and at the same time inform the potential bidders who have passed the prequalification of the prequalification results.
Article 14 All potential bidders who have passed the prequalification shall be allowed to participate in bidding.
The tenderer shall not restrict or exclude potential bidders who have passed the pre-qualification to participate in the bidding by unreasonable conditions such as drawing lots and shaking numbers.
Fifteenth a tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender.
The bidding documents for survey and design shall include the following contents:
(1) Instructions for Bidding;
(two) the format of the tender documents and the main contract terms;
(3) Description of the project, including the source of funds;
(four) survey and design scope, survey and design progress, stage and depth requirements;
(5) Basic data of survey and design;
(six) the payment method of survey and design fees, whether to give compensation and compensation standards to the unsuccessful bidders;
(7) Bid quotation requirements;
(8) Criteria for qualification examination of bidders;
(9) Evaluation criteria and methods;
(10) The validity period of the bid.
The validity of the bid shall be calculated from the deadline for submitting the bid documents.
The fees for bidding documents are limited to the compensation for printing and mailing costs, and the tenderee may not seek benefits by selling the bidding documents.
Article 16 A tenderee is responsible for providing basic information related to the project subject to tender and ensuring the authenticity and integrity of the information provided. Except those involving state secrets.
Seventeenth potential bidders in reading the tender documents and site survey questions, the tenderer may reply in written form or in the form of holding a tender preparatory meeting, but at the same time, it shall notify all recipients of the tender documents in written form. The content of this solution is an integral part of the tender documents.
Article 18 A tenderer may require bidders to submit alternative tender documents in addition to the tender documents that meet the requirements of the tender documents, but it shall be stated in the tender documents and the corresponding evaluation and comparison methods shall be put forward.
Article 19 A tenderer shall determine a reasonable time for potential bidders to prepare bid documents.
According to the law, the project subject to survey and design bidding shall not be less than 20 days from the date of issuance of bidding documents to the deadline for bidders to submit bidding documents.
Article 20 Except for force majeure, a tenderer may not terminate the tender after issuing a tender announcement or an invitation for tender, nor may he terminate the tender after selling the tender documents.
Chapter III Bidding
Twenty-first bidders are legal persons or other organizations that respond to bidding and participate in bidding competition.
Foreign design enterprises registered in their own countries and engaged in construction and engineering services must participate in bidding, and must abide by the market access commitments made in international treaties and agreements concluded or acceded to by People's Republic of China (PRC) and the relevant regulations on market access for survey and design.
A bidder shall meet the qualification requirements stipulated by the state.
Article 22 A bidder shall prepare his bid documents in accordance with the requirements of the tender documents or the invitation for bid. The survey and design fees reported in the tender documents shall conform to the charging standards for engineering survey and design formulated by the competent price department of the State Council.
Twenty-third bidders shall not specify the manufacturers and suppliers of important equipment and materials related to engineering construction projects in the relevant technical schemes and requirements of the bidding documents, or contain contents that tend to or exclude specific manufacturers and suppliers.
Article 24 Where the tender documents require bidders to submit bid bond, the amount of the bond shall not exceed 2% of the survey and design budget, and the maximum amount shall not exceed100000 yuan. The bid bond submitted by domestic bidders in the form of cash or cheque for the project subject to tender according to law shall be transferred from their basic account.
Twenty-fifth bidders shall not withdraw their bid documents after the deadline for submission of bid documents and before the expiration of the bid validity period stipulated in the tender documents, otherwise the tenderer will not return their bid bond.
Twenty-sixth bidding documents submitted by bidders before the deadline for bidding, notices of supplement, modification or withdrawal of bidding documents, alternative bidding documents, etc. It must be stamped with the official seal of its subordinate unit and signed by its legal representative or authorized representative, unless otherwise stipulated in the bidding documents.
Upon receipt of the above information, the tenderer shall check whether the seal or signature is in good condition, and issue a receipt to the bidder, indicating the signer and the signing time.
Twenty-seventh in the form of a consortium, the parties to the consortium shall sign an agreement with the tenderer and submit it to the tenderer together with the tender documents.
The parties to a consortium shall not bid separately in their own names or in other consortia. Where a tenderer accepts the bid of a consortium and conducts prequalification, it shall form a consortium before submitting the application documents for prequalification. If the consortium adds, reduces or replaces members after the prequalification, its bid will be invalid.
Article 28 If a consortium wins the bid, it shall designate a leader or representative, and authorize him to sign a contract with the tenderer on behalf of all members of the consortium, and be responsible for the coordination of the whole stage of contract implementation. However, a power of attorney signed by the legal representatives of all consortium members shall be submitted to the bidder.
Twenty-ninth bidders shall not bid in the name of others, shall not use forged, transferred, invalid or leased qualification certificates to participate in bidding, and shall not require other units to sign and seal their bidding documents in any way, which will harm the national interests, social interests and the legitimate rights and interests of the tenderee.
Thirtieth bidders shall not take deception means such as deliberately lowering investment, lowering construction technical requirements, reducing land occupation, shortening construction period, etc.
Chapter IV Bid Opening, Bid Evaluation and Bid Winning
Article 31 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; Except for force majeure, the tenderer shall not delay the bid opening or refuse the bid opening for any reason. 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.
Article 32 The bid evaluation committee shall be responsible for bid evaluation. The composition and requirements of the bid evaluation committee shall be implemented in accordance with 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 the Interim Provisions on the Bid Evaluation Committee and Evaluation Methods (Joint OrderNo. 102). Seven ministries and commissions such as the State Planning Commission 12).
Thirty-third survey and design evaluation generally adopts the comprehensive evaluation method. The bid evaluation committee shall, in accordance with the bid evaluation criteria and methods determined in the tender documents, and in combination with the approved project proposal, feasibility study report or design approval documents of the previous stage, make a comprehensive evaluation on the performance, reputation, ability of survey and design personnel and the advantages and disadvantages of survey and design schemes of bidders.
Standards and methods not specified in the tender documents shall not be used as the basis for bid evaluation.
Article 34 The bid evaluation committee may require bidders to make necessary explanations or introductions to their technical documents, but it shall not raise suggestive or guiding questions, nor shall it explicitly point out omissions and errors in the bidding documents.
Article 35 According to the provisions of the tender documents, bidders are allowed to submit alternative bids, and the bid evaluation committee may review the alternative bids submitted by the winning bidder to decide whether to adopt the alternative bids. Alternative bids of bidders who do not meet the bid-winning conditions will not be considered.
Thirty-sixth tender documents in any of the following circumstances, the bid evaluation committee shall reject its bid:
(a) without the seal of the tenderer and the signature of the person in charge of the unit;
(two) the tender offer does not meet the survey and design fee standards promulgated by the state, or is lower than the cost, or higher than the highest bid price limit determined in the tender documents;
(three) did not respond to the substantive requirements and conditions of the tender documents.
Thirty-seventh bidders in any of the following circumstances, the bid evaluation committee shall reject its bid:
(a) does not meet the qualifications stipulated by the state or the tender documents;
(2) colluding with other bidders or tenderers in bidding;
(three) bidding in the name of others, or practicing fraud in other ways;
(four) bribing the tenderer or members of the bid evaluation committee to win the bid;
(five) to bid in the form of a consortium, but failed to submit a * * * bidding agreement;
(6) Submitting two or more different bidding documents or bidding quotations, unless the bidding documents require alternative bidding.
Thirty-eighth after the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid.
The contents of the bid evaluation report shall comply with the provisions of Article 42 of the Interim Provisions on Bid Evaluation Committees and Methods. However, if the bid evaluation committee decides to reject all bids, it shall explain the reasons in detail in the bid evaluation report.
Thirty-ninth candidates recommended by the bid evaluation committee shall be limited to one to three, and the order shall be marked.
Bidders who meet the comprehensive evaluation criteria stipulated in the tender documents to the greatest extent shall be recommended as the successful candidates.
Fortieth, the state-owned funds hold or dominate the project that must be subject to tender according to law, and the tenderer shall determine the winning candidate ranked first as the winning bidder.
If the first successful candidate abandons the bid, fails to perform the contract due to force majeure, fails to submit the performance bond according to the requirements of the tender documents, or is found to have illegal acts that affect the result of winning the bid, and does not meet the conditions for winning the bid, the tenderer may, according to the list of successful candidates proposed by the bid evaluation committee, determine other successful candidates in turn as the successful bidder. If it is determined in turn that there is a big gap between the expectations of other successful candidates and the tenderer, or it is obviously unfavorable to the tenderer, the tenderer may re-tender.
The tenderer may authorize the bid evaluation committee to directly determine the winning bidder. If the State Council has other provisions on the determination of the winning bidder, such provisions shall prevail.
Article 41 A tenderer shall publicize the successful candidate within three days from the date of receiving the written bid evaluation report of the bid evaluation committee, and the publicity period shall not be less than three days.
Article 42 A tenderer and a winning bidder shall conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder within the validity period of the bid and within 30 days from the date of issuance of the bid-winning notice.
When performing the contract, the winning bidder shall abide by the relevant provisions of the Contract Law and the Regulations on the Administration of Survey and Design of Construction Projects on the compilation and implementation of survey and design documents.
Article 43 A tenderee shall not reduce the survey and design fees, increase the workload or shorten the survey and design cycle. As a condition of issuing the letter of acceptance, no other agreement that deviates from the substantive content of the contract shall be signed with the winning bidder.
Article 44 A tenderer shall, within five days after signing a contract with the winning bidder, return the bid bond and the interest on bank deposits for the same period to the winning bidder and the unsuccessful bidder in one lump sum. If it is stipulated in the tender documents to give economic compensation to the unsuccessful bidder, it should also be paid together within this period.
If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it; With the consent of the winning bidder, the bid bond can be used as the performance bond.
Article 45 Where a tenderer or a winning bidder adopts the technical scheme in the bidding documents of other unsuccessful bidders, it shall obtain the written consent of the unsuccessful bidders and pay a reasonable use fee.
Forty-sixth bid evaluation and calibration work should be completed within the validity period of the bid. If it cannot be completed on schedule, the tenderer shall notify all bidders to extend the validity of the bid.
Bidders who agree to extend the validity of their bids shall extend the validity of their bid security accordingly, but shall not modify the substantive contents of their bid documents.
A bidder who refuses to extend the bid validity period has the right to recover the bid bond. If there are compensation provisions for unsuccessful bidders in the bidding documents, the bidder who refuses to extend the bidding has the right to receive compensation.
Forty-seventh survey and design projects that must be subject to tender according to law, the tenderer shall submit a written report on the bidding situation to the relevant administrative supervision departments within 15 days from the date of determining the winning bidder.
A written report shall generally include the following contents:
(a) the basic situation of the project subject to tender;
(2) Bidder information;
(3) List of members of the bid evaluation committee;
(4) bid opening information;
(5) Criteria and methods for bid evaluation;
(6) Refusing to bid;
(seven) the list of the top candidates recommended by the bid evaluation committee;
(8) The result of winning the bid;
(nine) the reasons for not determining the winning candidate ranked first as the winning bidder;
(ten) other issues that need to be explained.
Forty-eighth in any of the following circumstances, the tenderer of a project that must be tendered according to law shall, after analyzing the reasons for the failure of bidding and taking corresponding measures, re-tender according to these measures:
(1) There are less than three potential bidders who have passed the prequalification;
(2) There are less than three bidders who have submitted their bid documents before the deadline for submission of bids;
(3) All bids were rejected;
(four) after the bid evaluation committee rejected the unqualified bids, the bid evaluation committee decided to reject all the bids because of the obvious lack of competition due to the lack of three effective bids;
(five) according to the provisions of article forty-sixth, less than three bidders agreed to extend the validity of the bid.
Article 49 If one of the circumstances listed in Article 48 of these Measures occurs after the tenderer re-bids, it belongs to a project that needs government approval according to the provisions of the state, and may not be tendered after being reported to the original project examination and approval department for approval. For other construction projects, the tenderer may decide not to invite tenders at his own discretion.
Chapter V Punishment
Article 50 If a tenderer has any of the following behaviors that restrict or exclude potential bidders, the relevant administrative supervision departments shall punish him in accordance with the provisions of Article 51 of the Bidding Law; Among them, the tenderer who evades bidding for a project that must be subject to survey and design bidding according to law shall be punished in accordance with the provisions of Article 49 of the Bidding Law:
(1) Failing to publish a prequalification announcement or a tender announcement in the designated media for a project that must be publicly tendered according to law;
(two) the contents of the prequalification announcement or tender announcement of the same project subject to tender published in different media are inconsistent, which affects the potential bidders' application for prequalification or bidding.
Article 51 In any of the following circumstances, a tenderer shall be ordered by the relevant administrative supervision department to make corrections and may be fined up to 654.38 million yuan:
(1) Invited bidding should be adopted instead of open bidding according to law;
(2) The time limit for the sale, clarification and modification of bidding documents and prequalification documents, or the time limit for the submission of prequalification application documents and bidding documents does not conform to the provisions of the Bidding Law and the Regulations for the Implementation of the Bidding Law;
(three) accepting units or individuals that have not passed the pre-qualification examination to participate in the bidding;
(four) to accept the bid documents that should be rejected. If a tenderer commits one of the acts listed in the first, third and fourth items of the preceding paragraph, the person in charge directly responsible for the unit and other directly responsible personnel shall be punished according to law.
Article 52 If a bidder of a project subject to tender according to law bids in the name of another person, participates in bidding with forged, transferred, leased or invalid qualification certificates, or requires other units to sign and seal their own bidding documents, or wins the bid by deception, its bidding is invalid. If it does not constitute a crime, a fine of more than 5% 10% of the amount of the winning project shall be imposed, and a fine of more than 5% 10% of the amount of the unit fine shall be imposed on the directly responsible person in charge and other directly responsible personnel of the unit; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be disqualified from bidding for projects that must be subject to tender according to law within one to three years, and shall be announced until its business license is revoked by the administrative department for industry and commerce.
Article 53 Where a tenderer restricts or excludes potential bidders who have passed the prequalification from participating in the bidding by unreasonable conditions such as lottery and lottery, discriminates against potential bidders, forces bidders to form a consortium to jointly bid, or restricts competition among bidders, it shall be ordered to make corrections and may be fined between 1 10,000 yuan and 50,000 yuan. If the tenderee of a project subject to tender according to law fails to set up a bid evaluation committee in accordance with the provisions, or determines or replaces the members of the bid evaluation committee in violation of the provisions of the Bidding Law and the Regulations for the Implementation of the Bidding Law, the relevant administrative supervision department shall order it to make corrections, and may impose a fine of less than 654.38 million yuan, and the directly responsible person in charge and other directly responsible personnel of the unit shall be punished according to law; The evaluation conclusion made by the illegally determined or replaced members of the bid evaluation committee is invalid, and the bid evaluation shall be re-evaluated according to law.
Fifty-fourth members of the bid evaluation committee have one of the following acts, and the relevant administrative supervision departments shall order them to make corrections; If the circumstances are serious, it is forbidden to participate in the bid evaluation of projects that must be subject to tender according to law within a certain period of time; If the circumstances are particularly serious, it shall be disqualified as a member of the bid evaluation committee:
(a) not in accordance with the bid evaluation standards and methods stipulated in the tender documents;
(2) Should be avoided but not avoided;
(3) AWOL;
(four) private contact with bidders;
(five) consult the tenderer to determine the intention of the winning bidder or accept the express or implied requirements of any unit or individual to favor or exclude a specific bidder;
(6) Failing to make comments on the bids that should be rejected according to law;
(7) Hinting or inducing bidders to make clarifications or explanations, or accepting clarifications or explanations from bidders;
(eight) other acts that are not objective and unfair in performing their duties.
Article 55 If a tenderer and a winning bidder fail to conclude a contract in accordance with the tender documents and the winning bidder's bidding documents, they shall be ordered to make corrections and may be fined at least 0.5% but not more than 0.10% of the amount of the winning project.
Article 56. If the measures do not stipulate illegal acts and punishment measures, they shall be implemented in accordance with 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 relevant laws and administrative regulations.
Chapter VI Supplementary Provisions
Article 57 Where the lender or fund provider has other provisions on the conditions and procedures for the bidding activities of engineering survey and design, the provisions may be applied to the bidding of projects that use loans or aid funds from international organizations or foreign governments, except those that are contrary to the public interests of China people and society.
Fifty-eighth provisions of the survey and design bidding before the promulgation of these measures are inconsistent with these measures, and these measures shall prevail. Where laws and administrative regulations provide otherwise, such provisions shall prevail.
Article 59 These Measures shall be interpreted by the National Development and Reform Commission in conjunction with relevant departments.
Article 60 These Measures shall come into force as of August 1 2003.
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