Units: issued by the state development planning commission of the People's Republic of China, the People's Republic of China ministry of construction, ministry of railways of the People's Republic of China, the ministry of communications of the People's Republic of China, the People's Republic of China ministry of information industry, ministry of water resources of the People's Republic of China, the civil aviation administration of China
By time: 2003-03-08
In order to standardize the engineering construction project bidding and tendering activities, according to the bidding law of the People's Republic of China and the relevant departments of the state council of the division of duties, the state planning commission, the ministry of construction, ministry of railways, the ministry of communications, ministry of information industry, ministry of water resources, civil aviation administration of China (CAAC) reviewed and adopted the "engineering construction project bidding and tendering method", are hereby issued, and shall take effect on May 1, 2003.
March 8, 2002
Construction project bidding and tendering method
The first chapter the general
Article 1 for the purpose of regulating the construction engineering construction projects (hereinafter referred to as the project construction bidding and tendering activities, according to the bidding law of the People's Republic of China and the relevant departments of the state council of the division of duties, and these measures.
Article 2 within the territory of the People's Republic of China for engineering bidding and tendering activities, these measures shall apply.
Article 3 of the construction projects in accordance with the provisions on the bidding scope and scale standards for construction projects (order no. 3 of the state development planning commission) and the prescribed scope of the standard, must choose construction units through bidding.
No unit or individual shall not division project subject to tender according to law or in any other manner to dodge tender.
Article 4 engineering bidding and tendering activities shall comply with the principles of openness, fairness and justice, honesty and credit.
Article 5 of the engineering bidding and tendering activities, in accordance with the law by the tenderer. No unit or individual in any manner illegally interfere in engineering bidding and tendering activities.
Bidding and tendering activities not be restricted by areas or departments.
Article 6 the development plan at all levels, trade, construction, railway, water conservancy, transportation, information industry, foreign trade, civil aviation and other departments in accordance with the state council general office issued by the relevant departments under the state council to implement the opinions of tender and bid activities of administrative supervision responsibilities notice do hair [2000] no. 34 (countries) and regulations around the responsibility division of labor, for the supervision of the engineering bidding and tendering activities, the construction of laws and regulations and illegal behaviors in tendering and bidding activities.
The second chapter the tender
Article 7 the tenderer construction is put forward in accordance with the construction project subject to tender, tender legal persons or other organizations.
Article 8 must invite public bidding of construction projects in accordance with the law, shall meet the following requirements for construction bidding:
(a) a tenderer has been established according to law;
(2) of preliminary design and shall perform the formalities for examination and approval, approved;
(3) the scope of bidding, bidding and tendering organization shall perform the approval procedures, such as have been approved;
(4) have the necessary funds or sources of funds;
(5) has a tender design drawings and technical data as needed.
Article 9 the project bidding for construction is divided into public bidding and inviting tenders.
Article 10 construction bidding of construction projects must be conducted in accordance with the law, according to the provisions of the engineering construction project examination and approval administration shall submit the project examination and approval department for examination and approval, the tenderer must be submitted to the scope of the feasibility study report of the bidding, bidding, bidding organization forms and other relevant bidding content submitted to the project examination and approval department for approval.
Article 11 the development planning department under the state council shall determine the national key construction projects and the provinces, autonomous regions and municipalities directly under the central government determine the place of key construction projects, as well as the full use of the state-owned capital investment or state-owned capital investment accounts for engineering construction projects of holding or leading position, should open tender; Any of the following circumstances, the approved to invite tender:
(a) the project in technology or have special requirements, only a small number of potential bidders to choose from;
(2) the restricted by natural geographical environment;
(3) involving national security, state secrets or disaster relief, suitable for the tender but unfavorable open tender;
(4) compared to the value of the cost of the public bidding and project, not worth it;
(5) laws and regulations for which neither public bidding.
At the invitation of the tender, the national key construction projects shall be approved by the development planning department under the state council; Key construction projects at the invitation of the tender, shall be approved by the provinces, autonomous regions and municipalities directly under the central government.
Full use of the state-owned capital investment or state-owned capital investment of the holding or leading position and need to examination and approval of construction projects at the invitation of the tender, shall be approved by the project examination and approval department, but only the project examination and approval by the department of project examination and approval, examination and approval by the relevant administrative supervision department.
Article 12 need to examination and approval of construction projects, one of the following circumstances, be approved by the provisions of article 11 of these measures for examination and approval department, construction bidding can not:
(a) involving national security, state secrets or disaster relief and not suitable for bidding;
(2) belong to the use of poverty alleviation funds for public work need to use for migrant workers;
(3) the construction of the main technique using specific patents or proprietary technology;
(4) of engineering construction enterprise self-built for private use, and the construction enterprise qualification level to meet the requirements of engineering;
(5) additional subsidiary or small engineering subject of projects under construction engineering, the winning bidder is still contracting ability;
(6) other circumstances stipulated by laws and administrative regulations.
Don't need approval but must be in accordance with the bidding of construction projects, in any of the circumstances as prescribed in the preceding paragraph, the construction bidding can not.
Article 13 the adopts the public tender method, the tenderer shall issue a tender announcement, invites unspecified legal persons or other organizations to submit their bids. Construction project subject to tender according to law shall tender announcement, shall be published on newspapers and periodicals designated by the state and the information network.
Adopts the invitational tender method, the tenderer shall be to three or more capable of undertaking the project bidding for construction and good credit standing specified legal persons or other organizations send out an invitation for submission of bid.
Article 14 the tender announcement or an invitation for submission of bid shall at least include the following contents:
(a) the name and address of the tenderer;
(2) content, scale, sources of funds for the project subject to tender;
(3) the implementation of the project subject to tender place and time limit for a project;
(4) to obtain the tender documents or pre-qualification documents of the place and time;
(5) of the tender documents or pre-qualification documents fees;
(6) the level of qualification requirements of bidders.
Article 15. The tenderer shall be stipulated in the tender announcement or bid invitation letter of the time, place, sell the tender documents or pre-qualification documents. Since the date of the tender documents or pre-qualification documents for sale to stop selling the date and the shortest shall not be less than five working days.
The tenderer may through information networks or other media, release the tender documents issued through information networks or other media of the bidding documents and written tender documents have the same legal effect, but appeared inconsistent the written tender documents shall prevail. The tenderer shall keep the original written tender documents original intact.
Of the tender documents or pre-qualification documents charge should be reasonable, for the purpose of profit-making. For the design of the attached file, the tenderer to deposit per bidder; For bidder returned after the bid opening design documents, the tenderer shall return the deposit to the bidder.
After sold, the tender documents or pre-qualification documents will not be returned. Tenderee in the bidding announcement, send out the bid invitation book or sold the tender documents or pre-qualification documents shall not be terminated without bidding.
Article 16 a tenderer may, in accordance with the characteristics and needs of a project subject to tender itself, ask potential bidders or bidders to provide meet the eligibility requirements documents, qualification examination for potential bidders or bidders; The laws and administrative regulations have provisions on the qualifications of potential bidders or bidders, in accordance with its rules.
Article 17 the credentials are divided into trial after prequalification and qualifications.
Prequalification, refers to the qualification of potential bidders before bidding.
After review, refers to the qualification of the bidder after the bid opening.
For pre-qualification, generally no longer after qualification examination, except otherwise provided for in the tender documents.
Article 18 take prequalification, the tenderer prequalification announcement can be. These measures shall apply to the prequalification notice article 13 and article 14 of the regulations on tender announcement.
Take the prequalification, the tenderer shall be noted in the prequalification document prequalification conditions, standards and methods; Take after review, the tenderer shall state in his tender documents clearly on the conditions of the qualifications of bidders, standards and methods.
A tenderer may not change the stated qualifications or to not indicate the qualifications of potential bidders or bidders for qualification.
Article 19 after pre-qualification, the tenderer shall be submitted to the prequalification qualified potential bidder pre-qualification unqualified notice, inform the time, place and method of obtain the tender documents, and at the same time to the prequalification unqualified potential bidders to inform prequalification results. Pre-qualification unqualified potential bidders shall not participate in the bid. After qualification review not qualified bidders bid shall be void label processing.
Article 20 the credentials should be the main review potential bidders or bidders to conform to the following conditions:
(a) enter into a contract with independent rights;
(2) has the ability of the contract, including professional and technical qualifications and abilities, funds, equipment, and other physical facilities condition, management ability, experience, reputation, and the corresponding professionals;
(3) is not in the closure, bidding qualification has been cancelled, property seized, frozen, bankruptcy;
(4) not defraud the winning in the last three years and serious violations and major engineering quality problems;
(5) laws and administrative rules and regulations of other qualifications.
Credentials, the tenderer shall not unreasonable conditions restrict or exclude any intended bidder or bidders, shall not apply discrimination treatment to any potential bidders or bidders. No unit or individual shall not be unreasonable administrative measures or other way to limit the number of bidders.
Article 21 a tenderer may, in accordance with the law to the bidding condition, can carry out the tender by himself. No unit or individual may compel the tenderer to authorize a procuratorial agency to carry out the tender.
Article 22 within the scope authorized by the procuratorial agency shall carry out the tenderer for the tender. A procuratorial agency can within the scope of their level of qualification to undertake the following the tender:
(a) to formulate the bidding scheme, preparation and sale of the bidding documents, pre-qualification documents;
(2) review of qualified bidders;
(3) prepare the pre-tender estimate;
(4) organizing bidders to the scene;
(5) organize bid opening, bid evaluation, assist the tenderer calibration;
(6) draw up a contract;
(7) the tenderer entrust other matters.
A procuratorial agency shall not be unauthorized agency, unauthorized agency, shall not be illegal for knowing the matters entrusted agent.
A procuratorial agency shall not accept the same bidding agency for the project subject to tender and bidding consulting business; Without the consent of the tenderer, shall not transfer the bidding agency business.
Article 23 a project bidding agency and the tenderer shall sign written entrustment contracts, and collect fees according to the standard as agreed upon by both parties; The country has a regulation to the charge standard, in accordance with its rules.
Article 24 a tenderer may, in accordance with the characteristics of the construction projects subject to tender and need to prepare the tender documents. The tender documents generally includes the following contents:
(a) an invitation for submission of bid;
(2) the bidder guidelines;
(3) the main terms;
(4) the bid documents format;
(5) adopts the bill of quantities tender, shall provide the bill of quantities;
(6) technical terms;
(7) the design drawings;
(8) the bid assessment standards and methods;
(9) bid for auxiliary materials.
The tenderer shall in the tender documents specified in the substantial requirements and terms, and eye-catching way.
Article 25 a tenderer may require the bidders to submit bid documents conform to the requirements of the tender documents provisions, submit alternative bid, but shall make explanations in the tender documents, and put forward the corresponding evaluation and comparison method.
Of all the technical standards stipulated by article 26 of the bidding documents shall comply with national mandatory standard.
All technical standards specified in the tender documents shall not require or indicate a certain patent, trademark, name, design, country of origin or the producer or supplier, shall not contain any other contents favoring or excluding intended bidders. If you must refer to technical standard of a producer or supplier to clearly illustrate quasi accurate or technical standards for the project subject to tender, should be in reference to followed by the words "or equivalent".
Article 27 a construction project subject to tender needs to be divided into bid lots or to determine the construction period, the tenderer shall reasonably make such division or decision and, and the same shall be specified in the tender documents. For engineering technology closely linked, inseparable unit engineering bid shall not be divided.
A tenderer may not unreasonable blocks or period restrict or exclude any intended bidder or bidders.
Article 28 when the bidding documents shall specify a bid evaluation in addition to the price of all the evaluation factors, and how to quantify these factors to evaluate or an undertaking.
It can't be changed in the process of assessment, the bid assessment standards specified in the tender documents, methods, and the winning conditions.
Article 29 of the bidding documents shall stipulate a proper tender validity period, to ensure that the tenderer has enough time to finish the evaluation and sign a contract with the winning bidder. The deadline of the bid validity from the bidders to submit the bid documents.
In the original bid before the end of the period of validity, appear special circumstances, the tenderer may be extended writing requires all bidders bid validity. Agreed to extend the bidders, shall not be required or permitted to modify its substantial contents of his bid documents, but ought to extend the period of validity of the bid bond accordingly; Bidders refused to renew its bid failure, but the bidder shall have the right to withdraw its bid bond. The loss due to the extension of validity of bid by the bidder, the tenderer shall give compensation, except that force majeure need extension of the period of validity of bid.
Article 30 a construction period more than 12 months of a project subject to tender, tender documents can be specified in the engineering cost, price adjustment factors and index system method.
Article 31 the tenderer bidders shall be determined by the tender documents required by the reasonable time; Project subject to tender according to law, however, since the tender documents issued to the bidders to submit as of the date of the deadline of the bid documents, the shortest shall not be less than 20 days.
Article 32 a tenderer may, in accordance with the actual conditions of a project subject to tender, organize intended bidders to the site of the project, to introduce the engineering field and related environment. Potential bidders according to the tenderer introduction situation of judgment and decision making, by the bidder is responsible for.
A tenderer may not separate or organize any bidder site respectively.
Article 33 for potential bidders in the bidding documents and put forward questions in the scene reconnaissance, the tenderer may be made in writing form or a prelude to tender way to answer, but at the same time will notify in writing all the purchase potential bidders of the bidding documents. The part of the content of the answer to the tender documents.
Article 34 the tenderer can decide whether to prepare the pre-tender estimate based on the project. The pre-tender estimate, pre-tender preparation process and the pre-tender estimate must be kept confidential.
A project subject to tender preparation of pre-tender estimate shall be estimated according to the approved preliminary design, investment, according to relevant valuation method, with reference to relevant project quota, combined with the market supply and demand, considering investment, construction period and quality factors such as reasonable.
The pre-tender estimate by the tenderer or entrust intermediary institutions establishment itself. Only one pre-tender estimate shall be prepared per project.
No unit or individual may compel the tenderer to compile or BaoShen pre-tender estimate, or intervention the pre-tender estimate is determined.
Can not set a pre-tender estimate a project subject to tender, without base price bidding.
The third chapter of tender
Article 35 a bidder's response to a tender and participates in bid competition of the legal persons or other organizations. The tenderer of any do not have the qualifications of independent legal representive.it is also the affiliates (units), or work for the preparation or supervision of a project subject to tender to provide design and consulting service of any legal person or any subsidiary (units), are ineligible to participate in the bidding for the project subject to tender.
Article 36. The bidder shall, in accordance with the tender documents required by the tender documents. The bid documents shall be on the substantial requirements and terms put forward in the tender documents to respond.
The bid documents generally includes the following contents:
(a) bid letter;
(2) the tender offer;
(3) the construction organization design;
(4) business and technical deviation table.
Bidders according to the bidding documents shall specify the project actual situation, proposed in the bid after the part of the winning project excluding the main structure and critical work of the subcontract, shall be noted in the tender documents.
Article 37 the tenderer may submit bid bond for the bidder in the tender document. Bid bond in addition to cash, can be issued by the bank of bank guarantee, confirmed checks, bank drafts or cash checks.
Bid bond generally shall not exceed two percent of the bid price, but the highest must not exceed eight hundred thousand yuan. The validity of bid bond shall be beyond the bid validity period of 30 days.
The bidder shall, in accordance with the tender documents, the way and amount, will bid bond along with the tender documents submitted to the tenderer.
Bidders according to the requirements of the tender documents to submit bid bond, the bidding documents will be rejected and scrapped standard treatment.
Article 38 the bidder shall in the tender documents prior to the deadline for submission of bid documents, seal the tender documents and submit it to the place. Issued by the tenderer after receiving the bidding documents, shall be submitted to the bidder to indicate receipt and sign for the proof of time, before the bid opening any unit or individual may open the tender documents.
In the tender documents delivered after the deadline for submission of bid documents set in the tender documents, bid documents as invalid, the tenderer shall refuse to accept the goods.
Submit the bid documents of bidders is less than three, the tenderer shall issue the tender anew in accordance with the law. After the tender anew, still less than three bidders must belong to the examination and approval of construction projects, after approval by the original examination and approval department, can no longer tender; Other construction projects, the tenderer can decide not to tender.
Article 39 of the bidder in the tender documents prior to the deadline for submission of bid documents, can add, modify, replace or withdraw the submitted bid documents, and inform the tenderer. Such supplements or modifications to the constituent of his bid documents.
Article 40 after the deadline for submit bid documents to the prescribed in the bidding documents and bid before expiration of the period of validity, a bidder may supplement, modification, replacement or withdraw the bid documents. Bidders to supplement, modification, replacement of bid documents, the tenderer will not be accepted; Bidders to withdraw the bid documents and the bid bond will be confiscated.
Article 41 before the opening of the tender, the tenderer shall properly keep the good has received the tender documents, modify or withdraw the notice, alternative bid the tender information.
Article 42 where two or more legal persons or other organizations may form a consortium and jointly submit their bids as one bidder.
May not again after the parties enter into an agreement on joint submission of bid, alone in the name of his nor the formation of new consortium or participate in other bids in the same project.
Article 43 a consortium for prequalification and approved, any change must be composed of the cut-off date stated in the submission of bid documents the consent of the tenderer. If change after a consortium has weakened the competition with prior after prequalification or pre-qualification is not qualified as a legal person or other organization, or make a consortium of qualifications to below the minimum standards specified in the prequalification documents, the tenderer shall have the right to refuse.
Article 44 the parties must specify the led, it represents all consortium members is authorized to bid and contract implementation phase of the host, the coordination work, and shall be submitted to the tenderer authorization letter signed by all consortium members of the legal representative.
Article 45 the consortium bid, shall be in the name of the lead of the consortium or association to submit the tender deposit. In the name of the led in the association to submit bid bond, binding to the consortium members.
Article 46 the following ACTS are colluding bid quotation:
(a) the mutually agreed upon between raise or lower bid price;
(2) mutual agreement between the bidder, in a project subject to tender, respectively with high, medium and low price quotation;
(3) the bidder to between internal bidding, winning bidder default, and then to participate in bidding;
(4) other collusion between bidders bidding quotation.
Article 47 the following ACTS are the tenderer and bidders to submit tenders in collusion with:
(a) a tenderer open bidding documents before the bid opening, and will inform the other bidders of the bidding, or to assist the bidder to replace the bid documents, change the quotation;
(2) the tenderer leaked pre-tender estimate to the bidder;
(3) the tenderer and agreed that bidders bid down or up, again after the winning bidder or additional compensation to the tenderer;
(4) the tenderer preordained the winning bidder;
(5) other ACTS of collusion.
Article 48 a bidder may not submit his bid in the name of another person.
To bid in the name of another person "as mentioned in the preceding paragraph refers to a bidder other affiliated construction units, or from other units by means of transfer or lease to obtain qualification or certificate of qualification, or by other units and their legal representatives in the preparation of bid documents on the stamp and signature, etc.
The fourth chapter the bid opening, evaluation and selection
Article 49 the bid opening shall be the deadline for submission of bid documents set in the tender documents at the same time of the public; The place of opening bids shall be identified in the tender documents.
Article 50 the tender documents in any of the following circumstances, the tenderer will not be accepted:
(a) late delivery or non-delivery of the designated place;
(2) not seal according to the requirements of the tender documents.
The tender documents in any of the following circumstances, according to standard processing waste after awarded by the bid assessment committee:
(a) no unit affix one's seal and cannot be representative of the legal representative or the authorized agent to sign or affix one's seal;
(2) not according to stipulations of the format to fill in, the content is not complete or key blur, unidentifiable;
(3) the bidder to submit the bid documents of the content of two or more different, or in a bid documents to be two or more for the same project subject to tender offer, and did not declare which one effective, except as stipulated in the tender documents to submit alternative bid;
(4) the bidder name or organization structure and the prequalification inconsistent;
(5) not according to the bidding documents for submission of bid bond;
(6) consortium bid not attached to the joint bidding agreement of the parties.
Article 51 the bid assessment committee may writing requires bidders to ambiguous denotation of his bid documents, for the same problem statements inconsistent or the content of the text and calculation error make necessary clarification, description, or corrected. The bid assessment committee shall not be made to the bidder suggestive line or leading questions, or to its clear omissions and errors in the tender documents.
Article 52 the bid documents do not respond to the substantial requirements and conditions of the tender documents, the tenderer shall refuse, does not allow the bidder by correction or revoke the differences or fail to meet the requirements, make it has the responsiveness of the bid.
Article 53 the bid assessment committee for bid in response to essentially the tender documents when evaluating bid, except otherwise agreed by the bidding documents shall be revised according to the following principles:
(a) with the amount of Numbers do not match the amount in words and the amount in words shall prevail;
(2) the inconsistency between unit price and quantity of product and price, the unit price shall prevail. If the unit price has obvious point dislocation, the total price shall prevail, and modify the unit price.
According to the provisions of the preceding paragraph after the adjustment quotation binding after confirmed by the bidder.
Was not included in the price in the bid documents and favorable conditions will not be considered in the assessment.
Article 54 for bidders to submit is superior to the bidding documents of technical standards of additional income generated by the alternative bidding plan, shall not be considered in evaluation of bid. Conforms to the basic technical requirements of the bidding documents and evaluation of the lowest priced or comprehensive score the highest bidder, its alternatives may be considered.
Article 55 the tenderer has the pre-tender estimate, pre-tender estimate shall be used as reference in tender evaluation, but shall not be used as the evaluation basis only.
Article 56 after finishing the assessment, the bid assessment committee shall be made to the tenderer a written bid evaluation report. The bid evaluation report signed by all members of the bid assessment committee.
Written report on bid assessment given by the bid assessment committee, the tenderer shall generally determine the winning bidder within 15 days, but should be the latest in the bid validity of thirty working days before end of day.
The bid-winning notice issued by the tenderer.
Article 57 the candidate winning bidders recommended by the bid assessment committee shall be limited to one to three, and indicate the order. The tenderer shall be subject to the candidate winning bidders recommended by the bid assessment committee, and shall not be outside the candidate winning bidders recommended by the bid assessment committee, determine the winning bidder.
Article 58 the project subject to tender according to law, the tenderer shall determine the number one candidate winning bidders for the winning bidder. The number one cause of the winning candidate gave up the bid, due to force majeure fails to fulfill the contract, or the provisions of the tender documents shall submit the performance bond and failed to submit within the prescribed period of time, the tenderer can determine the second candidate winning bidders for the winning bidder.
Second candidate winning bidders for the same reason can't sign a contract as prescribed in the preceding paragraph, the tenderer can determine the third candidate winning bidders for the winning bidder.
The tenderer may authorize the bid assessment committee to directly determine the winning bidder.
To determine the winning bidder of otherwise stipulated by the state council, those provisions shall be followed.
Article 59 a tenderer may not put forward to the winning bidder quotations down, increase the workload, shorten the construction period or other against the winning bidder will require, as a letter of acceptance and the conditions of contract.
Article 60 the bid-winning notice is legally binding on the tenderer and the winning bidder. The bid-winning notice is issued, the tenderer alters the bidding result, or the winning bidder waives the winning project, shall bear legal responsibility in accordance with the law.
Article sixty-one the tenderer all or part of the use of the bidding units tender documents the technical results or the technical scheme, the consent of the written consent of and to give certain economic compensation.
Article sixty-two the tenderer and the winning bidder shall within 30 days from the date of the bid-winning notice issued, in accordance with the tender documents and the winning bidder's bid documents conclude a contract in writing. The tenderer and the winning bidder may not conclude any other agreement contrary to the substantial contents of the contract.
The tender documents require the winning bidder to provide the performance bond or other forms of performance security, the winning bidder shall be submitted; Refused to submit, as giving up the winning project. The tenderer require the winning bidder to provide the performance bond or other forms of performance security, the tenderer shall provide security for the payment at the same time to the winning bidder.
The tenderer shall not, without approval, to improve the performance bond, advances the winning project construction fund shall not force the winning bidder.
Article sixty-three the tenderer and the winning bidder within five working days after signing the contract, shall be submitted to the unsuccessful bidders shall refund the tenderer the deposit.
In article sixty-four of the contract to determine the construction scale, construction standard, content, the contract price shall be controlled within the scope of approval of preliminary design and files; Is really necessary, within the prescribed scope shall, before the bidding contract review shall be reported to the original project examination and approval department. All that should be reported to the examination and report when of preliminary design and adjustment, the original project examination and approval departments shall not admit.
Article sixty-five must be carried out in accordance with the bidding for construction project, the tenderer shall within 15 days from the date of issue letter of acceptance, submit to the relevant administrative supervision departments in tendering and bidding of a written report.
Written report referred to in the preceding paragraph shall include at least the following contents:
(a) the bidding scope;
(2) tender method and issue a tender announcement of media;
(3) of the bidder in the tender documents requirements, technical terms, the bid assessment standards and methods, the main contract terms, etc;
(4) the composition of the bid assessment committee and the evaluation report;
(5) the bidding result.
Article sixty-six a tenderer may not specify made directly.
Article sixty-seven for does not have the subcontract conditions or be inconsistent with the provisions of the subcontract, the tenderer shall have the right to request for the subcontract or the signing of the contract, the winning bidder shall be rejected. Found the winning bidder subcontract or illegal subcontract, to request the correction; At noon I bought some sugar.inate the contract, and report to the relevant administrative supervision departments for investigation.
Supervision of personnel and the relevant administrative departments found that the winning bidder in violation of the contract for subcontracting or illegal subcontract, shall require the winning bidder to correct, or inform the tenderer request the correction; To refuse to correct, it shall be submitted to the relevant administrative supervision department for investigation.
The fifth chapter legal responsibility
Article sixty-eight a project subject to tender according to law without bidding, project subject to tender to pieces, or in any other manner to dodge tender, the relevant administrative supervision departments shall deadline to correct, you can be fined more than five over one thousand five over one thousand project contract amount; Use of all or part of the state-owned capital projects, project examination and approval department may suspend project execution or suspend allocated funds; The person-in-charge directly responsible person in charge and other directly responsible personnel in accordance with the law to give disciplinary action.
Article sixty-nine the procuratorial agency illegal leak confidential information and data related to tender and bid activities, or with the tenderer, the bidder collusion harm the state interests, public interests or the lawful rights and interests of others, by the relevant administrative supervision departments to a fine of not more than fifty thousand yuan and two hundred and fifty thousand yuan, the person-in-charge directly responsible person in charge and other directly responsible personnel penalty fines of more than five percent five percent for; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, the relevant administrative supervision departments can stop one time period involved in the field of bidding agency business, qualification department can be suspended until cancel bidding agent qualification; If the case constitutes a crime, shall be investigated for criminal responsibility according to law by the judicial department. Losses to others shall bear the liability for compensation according to law.
Act mentioned in the preceding paragraph affects the bidding result, and the winning of the ACTS listed in the preceding paragraph the beneficiary, the successful bid is null and void.
Article seventy the tenderer to restrict or exclude any intended bidder with unreasonable requirements, apply discrimination treatment to any intended bidder, forcing bidders to form a consortium to make joint bidding, or restrict competition between bidders, the relevant administrative supervision departments shall be ordered to correct, a fine of not more than ten thousand yuan and fifty thousand yuan.
Article seventy-one the tenderer for the project subject to tender according to law must be disclosed to others of intended bidders already acquired his tender documents name, number, or may affect fair competition related to tender and bid other circumstances, or disclose the pre-tender estimate, the relevant administrative supervision departments to give warning, a fine may concurrently be fined ten thousand yuan and one hundred thousand yuan; The person-in-charge directly responsible person in charge and other directly responsible personnel in accordance with the law to give punishment; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Act mentioned in the preceding paragraph affects the bidding result, and the winning of the ACTS listed in the preceding paragraph the beneficiary, the successful bid is null and void.
Article seventy-two the tenderer in the bidding announcement, send out an invitation for submission of bid, or terminated after the tender documents or pre-qualification documents sold for, besides there are justified reasons, the relevant administrative supervision department to give warning, according to the plot can be fined thirty thousand yuan; Losses to potential bidders or bidders, and shall pay damages.
Article seventy-three the tenderer or a procuratorial agency in any of the following circumstances, the relevant administrative supervision department instructs its deadline to correct, according to the plot can be fined thirty thousand yuan; If the circumstances are serious, the bidding is invalid:
(a) not in the specified media issue a tender announcement;
(2) the invitation to tender is not send out an invitation for submission of bid in accordance with the law;
(3) from the date of the tender documents or pre-qualification documents for sale to stop selling the date, less than five working days.
(4) must be in accordance with the bidding project, since the bidding documents as of the date of issue to submit the bid documents as of the date of less than 20;
(5) public shall be public bidding and tendering;
(6) do not have conditions of the tender and tender;
(7) shall perform the approval procedures and fails to perform;
(eight) tender not approved by the project examination and approval department content;
Deadline for submission (9) in the bidding documents after receiving the tender documents;
Number (10) the bidder does not comply with the legal requirements to tender.
Was identified as the tender is invalid, it shall be bidding again.
Article seventy-four of the bidders to submit tenders in collusion with each other or collusion with the tenderer, the tenderer to the tenderers or members of the bid assessment committees for winning of bribery, successful bid is null and void, the amount of the winning project under the supervision of relevant administrative department fined more than five over one thousand five over one thousand, the person-in-charge directly responsible person in charge and other directly responsible personnel be fined fines of more than five percent five percent; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, cancel one to two years of bidding qualification, and make a public announcement, and shall have its business license canceled by the administrative department for industry and commerce; If the case constitutes a crime, shall be investigated for criminal responsibility according to law. Losses to others shall bear the liability for compensation according to law.
Article seventy-five a bidder to bid in the name of another person or fraud in other way, to defraud the bid, the successful bid is null and void, losses to the tenderer, shall bear the liability for compensation according to law; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Bidders for the project subject to tender according to law shall have the behavior has not been listed in the preceding paragraph if the case constitutes a crime, the relevant administrative supervision department fined more than five over one thousand five over one thousand to the sum of the winning project, the person-in-charge directly responsible person in charge and other directly responsible personnel fined fines of more than five percent five percent; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, cancel the bidding qualification for one to three years, and make a public announcement, and shall have its business license canceled by the administrative department for industry and commerce.
Article seventy-six a project subject to tender according to law, the tenderer is illegal and bidder on such substantial contents as bid price or bidding plan to negotiate, the relevant administrative supervision department to give warning, the person-in-charge directly responsible person in charge and other directly responsible personnel in accordance with the law to give disciplinary action.
An act listed in the preceding paragraph affects the bidding result, the invalid.
Article seventy-seven of the bid assessment committee members to accept property or other benefits from any bidder, the bid assessment committee members or to participate in the evaluation of relevant staff disclosed to others for review and comparison of bid documents, the recommended candidate winning bidders and other information related to bid assessment, the relevant administrative supervision department to give warning, accepting the property confiscated and may concurrently be fined three thousand yuan and fifty thousand yuan, for infringement of a column disqualified from serving as a member of a bid assessment committee of members of the bid assessment committees and make a public announcement, shall not participate in any bid for the project subject to tender; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article seventy-eight members of the bid assessment committees awol in the evaluation process, normal, affect the bid assessment procedure or not objective to perform their duties in the process of evaluation, the relevant administrative supervision department to give warning; If the circumstances are serious, cancel served as a member of a bid assessment committee, shall not participate in any of the project subject to tender evaluation, and be fined ten thousand yuan.
Article seventy-nine the evaluation process has one of the following circumstances, the bid assessment is invalid, shall be conducted in accordance with the law to bid or tender again, the relevant administrative supervision departments can be fined thirty thousand yuan:
(a) use the bid assessment standards and methods of the bidding documents no sure;
(2) of the bid assessment standards and methods contain favoring or excluding the contents of the bidders, hinder or restrict competition between bidders, and affect the bid assessment results;
(3) should be avoided as a member of a bid assessment committee of people participate in the bid evaluation;
(4) the bid assessment committee does not conform to the legal form and composition of personnel;
(5) of the bid assessment committee and its members in the evaluation process of wrongdoing, and affect the evaluation results.
Article eighty the tenderer in the bid assessment committee shall determine the winning bidder outside the candidate winning bidders recommended by project subject to tender according to law after all bid veto by the bid assessment committee to determine the winning bidder, the bid shall be invalid. The relevant administrative supervision departments shall be ordered to make corrections, and may fine below five over one thousand five over one thousand above the sum of the winning project; The person-in-charge directly responsible person in charge and other directly responsible personnel in accordance with the law to give disciplinary action.
Article eighty-one the tenderer determines the winning bidder is not according to the time limit, or the bid-winning notice is issued, change the bidding result, without good reason not to sign a contract with the winning bidder, or additional conditions to a winning bidder is in when signing a contract or change the substantial contents of the contract, the relevant administrative supervision department to give warning, they shall be ordered to correct, according to the plot can be fined thirty thousand yuan; Thereby causing loss to the winning bidder, and shall pay damages.
The bid-winning notice is issued, the winning bidder waives the winning project, without good reason not to enter into a contract with the tenderer, in when signing a contract to the tenderer propose additional conditions or change the substantial contents of the contract, or refuses to submit the required performance bond, the tenderer may cancel its bid qualification, and confiscate the bid bond; Amount of loss exceeds bid bond to the tenderer and the winning bidder shall compensate for excess; Did not submit a bid bond, it shall assume liability to pay compensation for loss of the tenderer.
Article eighty-two of the winning bidder is to transfer the winning project to others, the winning project in parts shall be transferred to another person, respectively, after the illegal part of main body, the key work of the winning project subcontract to others, or made to the subcontract, transfer, subcontract is invalid, the relevant administrative supervision department of transfer, subcontract the project amount be fined more than five over one thousand five over one thousand; With all its illegal incomes, and confiscate the illegal income; Can be ordered to stop business operations for rectification. If the circumstances are serious, shall have its business license canceled by the administrative department for industry and commerce.
Article eighty-three the tenderer and the winning bidder may not enter into a contract in accordance with the tender documents and the winning bidder's bid documents, the tenderer and the winning bidder conclude an agreement contrary to the substantial contents of the contract, or the tenderer to improve the performance bond or forcing the winning bidder advances the winning project construction fund, the relevant administrative supervision departments shall be ordered to correct; Can be more than five over one thousand of the sum of the winning project fine below ten over one thousand.
Article eighty-four a winning bidder fails to perform the enter into a contract with the tenderer and the performance bond will not be returned, to cause the tenderer's loss more than performance bond amount, shall also compensate for excess; Did not submit the performance bond shall be for the loss of the tenderer shall bear the liability for compensation.
The winning bidder does not fulfil his obligations as to enter into a contract with the tenderer, if the circumstances are serious, the relevant administrative supervision department to cancel it two to five years for the project subject to tender bidding qualification and make a public announcement, and shall have its business license canceled by the administrative department for industry and commerce.
Cannot perform the contract due to force majeure, not be governed by the provisions of the preceding two paragraphs.
Article eighty-five the tenderer fails to perform the contract with the winning bidder conclude, should pay double the winning bidder is earnest; To the winning bidder losses over the return of deposit, and shall also compensate for excess; Did not submit the performance bond shall assume liability to pay compensation for loss of the winning bidder.
Cannot perform the contract due to force majeure, the provisions of the preceding paragraph shall not apply.
Article eighty-six must be carried out in accordance with the bidding for construction project in violation of the provisions of laws, successful bid is null and void, shall be in accordance with the law of the winning conditions from the rest of the bidder to determine the winning bidder or to tender according to law.
Successful bid is null and void, and issue the letter of acceptance and the contract is not legally binding, but does not affect the contract independently existing clauses pertaining to the settlement of disputes.
Article eighty-seven any unit illegally restrict or exclude areas, outside the system of legal persons or other organizations to participate in bidding, designate a procuratorial agency for the tenderer, forced a procuratorial agency entrusted by the tenderer, or interfere in tender and bid activities in other ways, the relevant administrative supervision departments shall be ordered to correct; The person-in-charge directly responsible person in charge and other directly responsible personnel to give warning, demerit recording and dispose in accordance with the law, if the circumstances are relatively serious, a downgrade and removed, expelled dispose in accordance with the law.
Personal use of authority for the illegal act mentioned in the preceding paragraph, in accordance with the provisions of the preceding paragraph shall be investigated for responsibility.
Article eighty-eight on tender and bid activities in accordance with the law, the national office working personnel responsible for the administrative supervision practice favoritism, abuse of power or dereliction of duty, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; Does not constitute a crime, be given administrative sanctions in accordance with the law.
Article eighty-nine any unit and individual in the process of engineering construction project bidding and tendering of illegal act, has the right to complain to the project examination and approval department or the relevant administrative supervision departments or report.
The sixth chapter bylaws
Article ninety the use of international organizations or foreign government loans, aid projects bidding, lenders, capital providers of engineering bidding and tendering activities, have different provisions of the conditions and procedures, it can apply, except against social and public interests of the People's Republic of China.
Article ninety-one the measures by the state development planning commission jointly with the relevant departments shall be responsible for the interpretation.
Article ninety-two the measures take effect on May 1, 2003
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