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Measures for the Administration of Bidding and Tendering of Housing Construction and Municipal Infrastructure Projects in Jiangxi Province

[File No .: Gan Jian Zi [2001] No. 4]
Housing Construction and Municipal Infrastructure Engineering in Jiangxi Province
Measures for the Implementation of Construction Tendering and Bidding Supervision and Management Chapter 1 General Provisions Article 1 In order to regulate the bidding and tendering activities for the construction of buildings and municipal infrastructure projects, maintain the normal order of bidding, ensure the quality of projects, improve investment benefits, and protect the lawful rights and interests of the parties. The relevant laws, regulations, and rules, such as the Building Law of the People's Republic of China, the Law of the People's Republic of China on Tendering and Bidding, and the Measures for the Administration of Tendering and Bidding of Construction of Buildings and Municipal Infrastructure, and other relevant laws, regulations, and rules, are formulated in accordance with the actual conditions of the province.
Article 2 These Measures shall apply to the supervision and management of bidding and tendering activities for the construction of buildings and municipal infrastructure projects in the administrative area of this province.
The building construction projects referred to in these Measures refer to the construction of various types of building constructions and their ancillary facilities and the installation of supporting lines, pipes, and equipment, as well as indoor and outdoor decoration projects.
The term "municipal infrastructure projects" as mentioned in these Measures refers to the construction of civil roads, pipelines and equipment for urban roads, public transportation, water supply, drainage, gas, heat, gardens, sanitation, sewage treatment, garbage treatment, flood control, underground public facilities and ancillary facilities. engineering.
Article 3 The following building construction and municipal infrastructure projects (hereinafter referred to as projects) within the administrative region of the province must be invited to tender:
(1) those involving social public interests and public safety;
(2) wholly or partially using state or collective funds for investment or state financing;
(3) using loans or aid funds from international organizations or foreign governments;
(4) Other projects required by laws and regulations.
New construction, reconstruction, expansion, building decoration and technical renovation projects with a construction area of more than 1,000 square meters or a total investment of more than 500,000 yuan as stipulated in the preceding paragraph shall be contracted by way of bidding; for projects below the limit, the construction unit (below (Referred to as the bidder) may submit the contract directly after being approved by the construction administrative department where the project is located.
Projects involving national security, state secrets, emergency rescue and disaster relief or the use of poverty alleviation funds to carry out work on behalf of workers and the use of migrant workers that are not suitable for bidding may be directly contracted out.
Article 4 The construction administrative department of the Provincial People's Government is responsible for the supervision and management of the bidding and bidding activities for construction projects throughout the province.
The construction administrative department of the people's government at or above the county level is the supervision and management department for project bidding and tendering within its administrative area. Specific supervision and management work can be entrusted to its subordinate engineering bidding supervision and management organization to be responsible for implementation, supervise the bidding and bidding activities of construction projects according to law, and investigate and punish illegal and illegal acts in accordance with law.
The specific administrative authority of construction administrative departments at all levels to supervise the bidding of construction projects shall be implemented in accordance with Article 11 of the "Regulations on Construction Management of Jiangxi Province".
Article 5 The bidding and tendering of a project shall follow the principles of openness, fairness, impartiality, and good faith. No unit or department shall conduct local protection and industry monopoly, nor shall it prohibit, restrict, and exclude qualified units in the region and outside the system from participating in bidding.
Article 6 No unit or individual may digitize the engineering that is required to conduct bidding according to law or evade bidding in any other way.
Article 7 The bidder's responsibility system is adopted for project bidding. Project bidding and bidding activities and parties involved in bidding shall accept the supervision of the supervision department in accordance with the law.
Article 8 The bidding and bidding activities of a project shall be conducted in the approved tangible building market (or construction project trading center).
The tangible construction market is a non-profit service agency that provides venues, information, and consulting services for bidders and bidders (hereinafter referred to as bidders) and provides necessary conditions for the relevant departments to work in the office. Supervise and participate in bid evaluation and determination. Appropriate operating costs and service charges will be charged upon approval by the price department. The construction administrative department is responsible for the supervision and management of the services provided by the tangible construction market.
Relevant government supervision and management agencies may centrally handle the bidder's self-organized bidding review filing, bidding process supervision, bidding status filing, construction contract filing, construction project quality and safety supervision procedures, and approval of construction project permits in the tangible construction market. And implement supervision according to law.
Article 9 The main procedures for bidding for project construction are:
(1) Handling bidding notification matters to the supervisory department at the same level of the bidding and bidding management agency in charge of supervision;
(2) To handle self-organized bidding review filing;
(3) compiling tender documents and formulating bid evaluation methods;
(4) issuing bid invitations or invitations for bids and going through registration procedures;
(5) conducting pre-examination of bid qualifications of potential bidders and selecting bidders;
(6) Distributing relevant bidding materials, holding bidding Q & A meetings and organizing bidders to survey the construction site;
(7) if there is a bid base, prepare the bid base;
(8) Form a bid evaluation committee;
(9) receiving bidding documents submitted by bidders;
(10) Holding a bid opening meeting;
(11) Bid evaluation and determination of the successful bidder (hereinafter referred to as the successful bidder);
(12) Submit a written filing report on the bidding situation;
(13) Issue of notice of winning bids and notice of failure to win bids;
(14) Sign the contract for the contract and handle the record.
Chapter II Bidding Article 10 Before bidding for construction of a project that is bidding according to law, the tenderer shall first notify the supervisory department at the same level in charge of the bidding supervision agency of the project in accordance with regulations; the following materials shall be provided when handling the notification:
(1) Three copies of the notification of project bidding;
(2) approval documents for the investment plan of the project;
(3) The procedures for the use of state-owned land or construction land approved by the land administrative department.
Article 11 Tenders for project construction shall be organized and implemented by the tenderer in accordance with law. Tenderers shall not restrict or exclude potential bidders (hereinafter referred to as bidders) with unreasonable conditions, shall not discriminate against potential bidders, and may not propose to prospective bidders excessively high qualification levels and other requirements that are incompatible with the actual requirements of the bidding project Claim.
Article 12 Tenders for project construction shall meet the following requirements:
(1) the tenderer has handled the tender notification matters in accordance with the regulations;
(2) The construction site has basic construction conditions such as "three links and one leveling", which can meet the needs of construction enterprises entering the site and needs demolition, and the demolition progress meets the construction requirements;
(3) construction funds have been implemented or partially implemented;
(4) Having construction drawings and related technical data that meet the construction requirements, and passing the design review of construction drawings;
(5) Other conditions stipulated by laws, regulations and rules.
Where the funds in the third paragraph of the preceding paragraph have been partially implemented, the funds in place shall not be less than 50% of the contract price of the project if the construction period is less than one year; in principle, the funds in place shall not be less than the contract price of the project if the construction period exceeds one year. 30%. The bid inviting party shall provide a certificate of funds in place issued by the bank, and a bank guarantee or other third party guarantee may be implemented if conditions permit.
Article 13 Bidding for construction projects is divided into public bidding and invitation bidding.
For projects that are required to be tendered for construction in accordance with the law, and all state-owned funds are invested or the state-owned funds invest in a controlling or dominant position, public bidding shall be conducted except for key construction projects that can be invited for bid invitation by the State Planning Commission or the provincial people ’s government according to law; Invitational bidding can be implemented.
Article 14 Under any of the following circumstances of the project, the construction administrative department of the people's government at or above the county level in charge of bidding supervision may approve the construction bidding without approval:
(1) Unit construction that is resumed after construction is suspended or postponed, and the contractor has not changed;
(2) a project that the construction enterprise constructs for its own use and that the qualification level of the construction enterprise meets the project requirements;
(3) Supplementary minor projects or main body additional layer projects under construction, and the contractor has not changed;
(4) Other circumstances stipulated by laws, regulations and rules.
Article 15 In accordance with the law, it is necessary to carry out bidding for construction, and the bidder must handle the bidding matters on his own, and must meet the following requirements:
(1) There is a special construction bidding organization;
(2) Having the corresponding economic and technical management personnel who meet the requirements of the bidding work, and have experience in the construction of similar projects, and are familiar with and master the laws, regulations and rules related to the construction of tenders;
(3) Having the ability to prepare tender documents and review the qualifications of bidders;
(4) Ability to organize bid opening, evaluation and determination.
Where the conditions specified in items (2) to (4) of the preceding paragraph are not met, the bid inviting party shall entrust a qualified bid invitation agency to conduct bid invitations on its behalf.
Article 16 The specific standards for technical and economic management personnel that a bid inviting party should handle by itself are:
(I) Class I projects:
(1) For construction projects under 30 million yuan, there must be 4 or more engineering professional technical and economic personnel with intermediate titles or above (including 2 or more senior titles);
(2) For construction projects of more than 30 million yuan to less than 50 million yuan, there must be more than 5 engineering professional technical and economic personnel with intermediate professional titles and above (including no less than 2 senior professional titles);
(3) For construction projects of more than 50 million yuan, there must be more than 8 engineering and technical and economic personnel with intermediate professional titles or above (including at least 3 senior professional titles).
(2) Category II projects: must have at least three engineering professional technical and economic personnel with intermediate titles or above (including at least one with a senior title).
(3) Three types of projects: must have at least two engineering professional technical and economic personnel with intermediate titles or above (including at least two people with intermediate titles).
(4) Four types of engineering: must have at least two engineering professional technical and economic personnel with junior professional titles or above (including at least one with intermediate professional titles).
The specific classification of the project shall be implemented in accordance with the relevant project category division table and description in the provincial construction and installation project cost quota.
The engineering and economic personnel required by the tenderer required by this article must be formal personnel of the unit, and external personnel may not be counted.
Article 17 A tenderer who handles construction tendering matters by himself shall submit the following materials to the construction administrative department of the people's government at or above the county level in charge of the project for the record 5 days before the tender announcement or the invitation to tender is issued:
(1) The duplicated "Record Form for Examination and Approval of Construction Bidding of Construction Projects in Jiangxi Province" in duplicate;
(2) The certification materials for the conditions listed in Articles 15 and 16 of these Measures, including a list of professional and technical personnel, a title certificate or a professional qualification certificate and proof of their work experience;
(3) Other materials required by laws, regulations, and rules.
If the bid inviting party does not have the conditions to handle construction bidding matters on its own, the construction administrative department shall order the bid inviting party to stop handling construction bidding matters within 5 days from the date of receiving the filing materials.
Article 18 If the tenderer adopts the method of public bidding, it shall issue a tender announcement. The bid invitation announcement shall specify such matters as the name and address of the bidder, the nature, quantity, place and time of the bidding project, the requirements for the bidder, and the methods for obtaining bidding documents.
Tender announcements shall be published in newspapers, periodicals, information networks, tangible construction markets or other media designated by the state and province, and public registration shall be implemented.
The bid inviting party shall reasonably determine the registration deadline according to the scale and scope of the bidding project. The deadline for general project registration from the formal announcement of bid invitation to the deadline for registration shall not be less than 5 working days.
Article 19 If the tenderer adopts the method of invitation for bidding, he shall issue invitations to tender to more than 3 construction enterprises that meet the qualification requirements.
The invitation to bid shall contain the matters specified in Article 18, paragraph 1.
Article 20 The bid inviting party may pre-qualify the applicant for bidding according to the needs of the bidding project, or entrust the bid invitation agency to conduct pre-qualification for the bid applicant. For bidding projects subject to pre-qualification, the bid inviting party shall specify the conditions for pre-qualification and the methods for obtaining pre-qualification documents in the tender announcement or invitation to bid.
The pre-qualification documents should generally include the pre-qualification application form, the applicant's instructions, and the qualifications, performance, technical equipment, financial status, and resumes and performance of project managers and key technical personnel who are required to be provided by the bidding applicant. .
Article 21 After pre-qualification, the bid inviting party shall send a pre-qualification notice to the pre-qualified bid applicant, inform the time, place and method of obtaining the bidding documents, and notify the unqualified bid applicant. Prequalification results.
When there are too many pre-qualified bidding applicants, the bidder may select no less than 7 pre-qualified bidding applicants; for bidding at the county (city) level for small projects, the bidders shall select not fewer bidding applicants At 5 homes.
For the bidding of small-scale projects beyond the nationally prescribed limits, the bidder's determination can be determined by the bidder among the pre-qualified bidders, and the other two thirds are randomly selected by the remaining bidders. determine.
Article 22 The bid inviting party shall, according to the characteristics and needs of the bid invitation project, prepare the bid invitation documents by itself or by entrusting the bid invitation agency of the project. The bidding documents shall include the following:
(1) Bidding instructions, including project overview, scope of bidding, qualification review conditions, source of funding or implementation of the project (including capital certification issued by the bank), bidding division, construction period requirements, quality standards, site inspection and Q & A arrangements, bidding documents Requirements for preparation, submission, modification, and withdrawal, requirements for bid quotation, bid validity period, time and place for bid opening, method and standard for bid evaluation, etc .;
(2) technical requirements and design documents of the bidding project;
(3) In the case of bidding with a bill of quantities, a bill of quantities shall be provided;
(4) the format and appendix of the bid letter;
(5) the main terms of the contract to be signed;
(6) Other materials required by the bidder.
If the bidding project needs to divide the bidding section and determine the construction period, the bid inviting party shall reasonably divide the bidding section according to the characteristics of the construction project, determine the construction period in accordance with national regulations, and specify it in the bidding documents.
Article 23 For projects that are required to bid for construction in accordance with law, the tenderer shall, at the same time as the tender documents are issued, submit the tender documents to the construction administrative department of the people's government at or above the county level in charge of the project for the record. If the construction administrative department finds that the bidding documents are in violation of laws and regulations, it shall order the bidder to correct them.
Article 24 If the bid inviting party makes necessary clarifications or amendments to the issued bidding documents, it shall do so within the time limit specified in the bidding documents, notify all recipients of the bidding documents in writing, and report to the county in charge of bidding supervision of the project The construction administrative department of the people's government at or above the level shall file a record. The clarification or modification is an integral part of the bidding documents.
Article 25 The bid inviting party may organize the bidder to inspect the construction site of the project after the bidding documents are issued according to the specific conditions of the bidding project. If the bidder has any questions about the bidding documents and needs to be clarified, he shall submit the written request to the bidder, and the bidder shall answer the questions of the bidder within the time limit specified in the bidding document and send it to all bidders.
Article 26 The bid inviting party shall determine the reasonable time for the bidder to prepare the bidding documents and specify it in the bidding documents. From the date of issuance of the bidding documents to the deadline for submission of bids by bidders, the bidding for projects above the quota required by the state shall not be less than 20 days; other projects under the quota of the state for bidding may shorten the time accordingly, but not less On the seventh day.
Article 27. Tendering for construction projects promotes bidding without a bid base. If bidding bases are set for construction bidding, they must strictly abide by the provisions of these Measures. Otherwise, the bid base is invalid.
Article 28 The bid base is the budget cost required to complete the construction of the bidding project based on the specific conditions of the bidding project; it serves as a reference and auxiliary role in the bid evaluation process. Only one bidding base can be prepared for a bidding project.
Article 29 The bid base must be prepared in accordance with the bidding documents, design drawings and descriptions issued by the bidder, the minutes of the question-and-answer conference, and the budget and cost quotas and technical specifications issued by the state and province.
The bid base price consists of the project cost price, profit and tax. It should generally be controlled within the approved total budget (or revised budget) and investment contract limits, and should be as close as possible to the actual market price changes. If the quality of the project is good, it should Increase the corresponding costs.
Article 30 The base bid document shall include the following:
(1) Compiling a summary table for the bid base;
(2) General description of the preparation of the bid base;
(3) analysis of material usage;
(4) Calculation of engineering quantities;
(5) Project budget;
(6) A copy of the qualification certificate of the bid preparation unit and the qualification certificate of the bid preparation staff.
Article 31 The bidding base shall be prepared by the bidder in accordance with the regulations or entrusted by a qualified bidding agency and other nationally qualified units with a bidding base; the bidding staff must be a cost engineer or a budget staff member holding an intermediate post certificate .
If the tenderer compiles the bids by himself, the staff must be formal staff members who have the qualifications to compile the bid.
The bidding staff shall indicate the number of the professional qualification certificate held on the prepared bidding materials.
Article 32 The base document shall be printed or written in non-fading ink and bound into a book. Bids must be kept strictly confidential in accordance with the law. Tenderers, preparation units and relevant personnel responsible for the preparation and all other personnel who have contacted the bids shall have confidentiality obligations and responsibilities before the bid opening, and shall not disclose them.
Article 33 When the bid inviting party adopts the physical quantity for bidding, the compilation of the physical quantity list must comply with the provisions of Article 31 of these Measures, and the base price produced shall also meet the requirements of these Measures.
For projects that use physical engineering quantity bidding, within one month after the signing of the contract between the tenderer and the successful bidder, the errors in the quantity of the project listed in the bidding documents are found, and the total price of the error exceeds ± 2% of the total contract price (including ± 2%), the parties may adjust the amount of the error project and change the contract price in the manner specified in the bidding documents; if the bidder does not agree on the adjustment in the bidding documents, the parties may negotiate to change the contract price according to law.
After adjustment of the project quantity and contract price, a supplementary contract shall be signed and filed according to regulations.
Article 34 The bid inviting party may, at the discretion of the bid invitation document, collect the cost of the work and indicate it in the bid invitation document. Among the design documents, the tenderer may collect a deposit at his discretion. If the design documents are returned after the bid opening as required by the bidding documents, the bidder shall refund the deposit. It is strictly forbidden for the bidder to make a profit by selling the bidding documents.
Chapter III Bidding Article 35 The bidder is a construction enterprise that responds to the construction bidding and participates in the bidding competition.
A construction enterprise or a consortium of construction enterprises holding a valid industrial and commercial business license and a corresponding enterprise qualification level certificate can participate in the competition of project construction bids corresponding to their qualification level and scope of business according to the requirements of the bidder's bidding documents in the administrative region of the province. .
Construction enterprises outside the province that participate in bidding activities within the administrative area of the province shall file a record with the construction administrative department of the provincial people ’s government in accordance with regulations; construction enterprises from abroad and in Hong Kong, the Macao Special Administrative Region or Taiwan shall participate in bidding for construction projects within the province in accordance with national regulations Provincial people's government construction administrative department handles relevant approval formalities.
The bidder shall have the corresponding qualifications of the construction enterprise, and shall meet the requirements set out in the bidding documents in terms of project performance, technical capabilities, project manager qualifications, and financial status.
Article 36 Two or more construction enterprises may form a consortium, sign a joint bidding agreement, and bid jointly as one bidder. All parties to the consortium shall have the corresponding qualifications for undertaking bidding projects. A consortium of construction enterprises of the same specialty contracts the project in accordance with the business scope of the construction enterprise with a low qualification level.
The bid inviting party shall not force the bidders to form a consortium to bid together, and shall not restrict competition among the bidders.
Article 37 As an independent legal person, bidders shall enjoy the following rights and obligations when participating in bidding competitions:
(1) Legal bidding competition of bidders shall not be restricted or excluded by any region or system;
(2) Bidders have the right to compile bid documents in accordance with the bidder's bidding document requirements and respond to the substantive requirements and conditions set out in the bidding documents, and have the right to determine their own bid quotes and conditions for bidding documents. committed to;
(3) It has the right to request the bidders to implement high-quality and preferential prices;
(4) The right to calculate the measures for the construction period in the bidding quotation;
(5) Sign the contract according to the relevant national laws, regulations, rules and the specific provisions of the "Model Text of Construction Contracts";
(6) It may propose to the tenderer to modify some unreasonable or restrictive conditions for the bidder in the bidding activities, and have the right to appeal and report the discriminatory treatment received by the bidder during the bidding process;
(7) Have the obligation to maintain fair competition order and keep the principle of good faith;
(8) Other rights and obligations provided by laws, regulations and rules.
Article 38 If pre-qualification is required in the bidding documents, after bidding publicly or obtaining a formal invitation to bid from the bidder, the bidder shall actively cooperate with the bidder to do the pre-qualification review conducted in accordance with the law, and truthfully fill in the "Preliminary Examination Form of Jiangxi Province Construction Project Tendering Organization".
Article 39 When accepting the pre-qualification of bids, the bidder shall provide the following pre-qualification materials:
(1) Original copies of the annual industrial and commercial business license, qualification certificate and safety qualification certificate of the enterprise;
(2) The Trial Form of Qualification Pre-examination for Jiangxi Provincial Construction Project Tendering Units;
(3) Enterprises from other provinces entering Jiangxi to participate in bidding shall provide original documents of relevant materials filed by the provincial construction administrative department;
(4) Resume of the enterprise and materials of its own funds;
(5) Resume, performance of the project manager and the main technical personnel of the enterprise participating in the tender, and materials such as machinery and equipment intended to complete the tender project;
(6) Major projects undertaken by the enterprise in the past two years and their quality, construction safety and performance materials;
(7) Existing main construction tasks, including materials of construction and under construction;
(8) Other pre-qualification materials that meet the requirements of laws, regulations and rules.
Article 40 After completing the pre-qualification of bidders, the bid inviting party shall submit the "Pre-examination Form for Bid Qualification of Jiangxi Provincial Construction Engineering Construction Tendering Unit" of the pre-qualified bidder to the bidding supervision and management agency in charge of the project.
Under any of the following circumstances, bidders shall not participate in bidding activities:
(1) The bidder's qualification level and business scope are illegal;
(2) Construction enterprises in other provinces that have not entered the record registration in accordance with the law;
(3) Being ordered to stop participating in bidding activities due to irregularities in quality, safety, bidding behavior in market operations, or other violations of construction market management regulations;
(4) Fraudulent or confusing in the pre-qualification of bidding qualifications;
(5) Other circumstances stipulated by laws, regulations and rules.
Article 41 Bidders shall compile bid documents strictly in accordance with the bidding documents issued by the bidder and the requirements of relevant laws, regulations and rules, and respond to the substantive requirements and conditions proposed by the bidder. The bidding documents must be neatly bound, The handwriting is clear and the meaning of the word is accurate.
If the bidder has any questions about the bidding documents and needs to be clarified, he shall submit the written request to the bidder.
Where the bidding documents allow bidders to provide alternative bids, the bidders may submit alternative plans in accordance with the requirements of the bidding documents and make corresponding quotations as alternative bids.
Article 42 The bidding documents shall include the following:
(1) Bids and appendices;
(2) The design of the construction organization or the construction plan (provided by the tenderer);
(3) Bidding quotation;
(4) Bidding agreements for consortia;
(5) Other materials required by the bid invitation documents.
Article 43 The bid inviting party may require the bidder to submit a bid guarantee in the bidding documents, but it shall not be explicitly stipulated that only one guarantee method is adopted. Tender guarantees may be in the form of tender guarantees or tender deposits. Cheques, bank drafts, etc. can be used as the bid security, and generally cannot exceed 2% of the total bid price, and the maximum cannot exceed 500,000 yuan.
The bidder shall submit the bid security or bid security to the bidder along with the bid documents in accordance with the requirements of the bid invitation documents.
Article 44 The bidder shall send the bidding documents to the bidding place in a sealed form before the deadline for submission of bidding documents required by the bidding documents. After receiving the bidding documents, the bid inviting party shall provide the bidder with a voucher indicating the signatory and the time of receipt, and shall keep the bidding documents properly. Before the bid opening, no unit or individual may open the bidding documents. Tender documents delivered after the deadline for submission of bid documents as required by the bidding documents are invalid bid documents and the tenderer shall refuse to accept them.
If there are less than three bidders submitting bidding documents, the bid inviting party shall re-bid according to law.
Article 45 Bidders may supplement, modify or withdraw the submitted bidding documents before the deadline for submission of bidding documents required by the bidding documents. The supplementary and revised content is an integral part of the bidding documents and shall be served, signed and kept in accordance with the provisions of Article 44 (1) of these Measures. Supplements or amendments delivered after the deadline for submission of bid documents required by the bidding documents are invalid.
Article 46 Bidders shall not collude with each other to bid, shall not exclude fair competition from other bidders, and harm the legal rights and interests of the bidder or other bidders.
Bidders shall not collude with bidders to bid in order to harm national interests, social public interests or the legitimate rights and interests of others.
Bidders are forbidden to seek a winning bid by bribing the bidder or members of the bid evaluation committee.
Article 47 Bidders shall not bid at prices lower than the cost of their business, may not bid in the name of others, or otherwise falsify and win the bid.
Chapter IV Bid Opening, Evaluation, and Winning Article 48 The bid opening shall be made public at the same time as the deadline for submission of bidding documents as determined in the bidding documents; the place for bid opening shall be the place predetermined in the bidding documents. If a tangible construction market is established at the place where the bidding project is located, the bid opening meeting shall be conducted in the tangible market.
Article 49 The opening of bids shall be presided over by the bidder, and all bidders and the bidding supervision agency in charge of the bidding project shall be invited to send supervision to the scene. The legal representative of the bidder or the agent entrusted by the bidder shall attend the bid opening meeting and present the original certificate to prove his identity.
Article 50 The bid opening meeting shall follow the following procedures:
(1) introduction of relevant units and personnel participating in the bid opening meeting;
(2) Announcing the host, bidder, supervisor, and bidder;
(3) Announcing the discipline and precautions for bid opening;
(4) Introduce the establishment of bid evaluation committee according to law (the list of judges is not introduced);
(5) Checking the original certificate of the legal representative of each bidder participating in the bid opening meeting and the legal representative's proxy agent and reading it out in public;
(6) Introduce the status of the preparation of the bid base and the confidentiality measures;
(7) Announcing the principles and methods of bid evaluation;
(8) Checking the seal of the bidder's bidding documents and confirming the validity of the bid;
(9) Grouping and designing the bidder's construction organization design and plan and "technical bids" and reviewing by the expert jury;
(10) Examination and scoring of the original certificate presented by the bidder;
(11) Opening the bidding documents and publicly reading the names of the bidders, bidding quotations, main material usage, construction period, quality commitments and preferential conditions;
(12) the tenderer announces the sealed bottom of the tender;
(13) Announce the end of the bid opening meeting and move to the bid evaluation and finalization work stage. Each bidder may return to the unit to wait for the bidder's bid or not bid notification.
Article 51 When the bid is opened, the bidder or the representative selected by him or her shall check the sealing of the bidding documents, or may be checked and notarized by a notary agency entrusted by the bidder himself; after confirmation, the staff shall open the seal in public and read out Bidder name, bid price and other main content of bidding documents.
All valid bidding documents received by the bid inviting party before the deadline for submission of bidding documents required by the bidding documents shall be opened and read out.
The bid inviting party shall record the bid opening process and archive it for future reference.
Article 52 At the time of bid opening, if one of the following situations occurs in the bidding documents, it shall be regarded as invalid bidding documents and shall not be included in the bid evaluation:
(1) overdue delivery;
(2) The bidding documents are not sealed in accordance with the requirements of the bidding documents;
(3) The bidding letter in the bidding document is not stamped with the seal of the bidder's enterprise and its legal representative or authorized agent; the agent entrusted by the legal representative of the enterprise must be accompanied by a legal and valid power of attorney (original);
(4) The key content of the bidding documents is illegible and unrecognizable;
(5) The bidder fails to provide a bid bond or bid deposit in accordance with the requirements of the bidding documents;
(6) In the case of forming a consortium for bidding, the bidding documents are not attached to the joint bidding agreement of the parties to the consortium.
Article 53 The bid evaluation shall be conducted by the bid evaluation committee established by the tenderer in accordance with the law.
For projects that are required to bid for construction in accordance with the law, the bid evaluation committee is composed of representatives of the bidder and experts in technical and economic aspects, and has a singular number of five or more members. Among them, experts in technology, economics, etc. shall not be less than two-thirds of the total number of members. The bid evaluation experts shall be determined by the bidder randomly from the expert database or sub-database established by the provincial construction administrative department within 24 hours before the bid opening. Special bidding projects may be directly determined by the bidder. County (city) small project bidding and evaluation experts can be determined from the bidding agency; medium-sized projects can be determined from the provincial-level bidding expert sub-databases of the districts and cities; large-scale projects can be directly determined from the provincial-level bidding expert database. .
Those who have an interest in the bidder shall not enter the bid evaluation committee of the relevant project, and those who have already entered shall be replaced. The list of members of the bid evaluation committee shall be kept secret until the bidding result is determined.
The members of the bid evaluation committee shall perform their duties objectively and impartially, abide by professional ethics, and bear personal responsibility for the comments made.
Members of the bid evaluation committee shall not contact the bidder in private, and shall not accept the bidder's property or other benefits.
Article 54 The administrative departments for construction at all levels shall organize relevant legal and business training for experts entering the expert database, conduct a comprehensive assessment of their bid evaluation capabilities, integrity and fairness, and promptly remove incompetent or illegal and illegal personnel. The expert bank implements dynamic management.
Article 55 The bid inviting party shall, under the supervision of the bidding and tendering agency in charge of the project, send personnel to participate in the supervision and take necessary measures to evaluate the bids in strict confidentiality. No unit or individual may illegally interfere with or influence the process and result of bid evaluation.
Article 56 Members of the bid evaluation committee shall, in accordance with the bid evaluation standards and methods determined by the bid invitation documents, fairly evaluate and compare the bid documents of each bidder, and write a written review opinion independently; the written review opinion shall include the The basic process, the reason and basis for recommending the winning candidate, and signing the name to show responsibility. Based on the opinions of all members, the bid evaluation committee shall confirm the bid evaluation results in accordance with the principle that the minority submits to the majority; if there is a bid base, the bid base shall be referred to.
Article 57 The bid evaluation committee may request the bidder in written form to make necessary clarifications or explanations on the unclear content in the bidding documents. The bidder shall make clarification or explanation in written form, but the clarification or explanation shall not exceed the scope of the bidding documents or change the substantial content of the bidding documents.
Article 58 After evaluation, if the bid evaluation committee considers that all bid documents do not meet the requirements of the bid invitation documents, all bids may be rejected. If all bids for the bidding are rejected, the bid inviting party shall re-bid according to law. Tenderers who reorganize the bidding activities according to law may or may not invite the original bidders to participate.
Article 59 Bid evaluation may adopt the comprehensive quantitative evaluation method (percentage-based development scoring method), the comprehensive qualitative method (technical and commercial two-stage evaluation method), or other evaluation methods permitted by laws, regulations, and rules:
(I) Comprehensive quantitative assessment method (percentage-based scoring method): Refers to the bid price, project quality, construction safety, construction period, construction organization design or construction plan, performance of bidders and project managers, etc., submitted to bidders' bid documents Quantitative scoring of subheadings to the extent that the content meets the requirements of the tenderer, but no additional points can be added to the various awards. The highest score is the first order winner or the successful bidder;
(II) Comprehensive qualitative evaluation method (technical and commercial two-stage bid evaluation method): refers to the bidder who can meet the substantive requirements of the bidding documents, and the technical bid is scientific, reasonable, and feasible, and the commercial bid is the lowest and reasonable (not low) (The cost price) is the successful bidder or the order of the successful candidates.
Article 60 Members of the bid evaluation committee and staff related to bid evaluation activities shall not disclose the evaluation and comparison of bid documents, the recommendation of winning candidates, and other information related to bid evaluation.
The staff members related to the bid evaluation activities mentioned in the preceding paragraph refer to all persons who are aware of the relevant bid evaluation due to their participation in the bid evaluation supervision work or business affairs, except for the members of the bid evaluation committee.
Article 61 After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the bid inviting party and copy it to the bid invitation supervision agency. The bid evaluation report shall clarify the evaluation and comparison opinions of the bid evaluation committee on each bidding document, and recommend no more than 3 qualified qualified bidding candidates in accordance with the bid evaluation method specified in the bidding documents.
The bid evaluation report is signed by all members of the bid evaluation committee. Members of the bid evaluation committee that have objections to the bid evaluation conclusions may state their different opinions and reasons in writing and attach them to the bid evaluation report. If members of the bid evaluation committee refuse to sign the bid evaluation report without stating their different opinions and reasons, they shall be deemed to agree with the bid evaluation conclusion. The bid evaluation committee shall make a written explanation and record it on the record.
After submitting a written bid evaluation report to the tenderer, the bid evaluation committee will be dissolved. The documents, forms and other materials used in the bid evaluation process shall be returned to the tenderer immediately. The bid inviting party shall determine the winning bidder based on the written bid evaluation report and the recommended winning bidder proposed by the bid evaluation committee.
使用国有资金投资或者国家融资的工程项目,招标人应当按照中标候选人的排序确定中标人。当确定中标的中标候选人放弃中标或者因不可抗力提出不能履行合同的,招标人可以依序确定其他中标候选人为中标人。
招标人也可以授权评标委员会在评标后直接确定中标人。
第六十二条 招标人应当在投标有效期截止日期30日内确定中标人。投标有效期应当在招标文件中载明。
第六十三条 依法必须进行施工招标的工程,招标人应当自确定中标人之日起15日内,向分管的县级以上地方人民政府建设行政主管部门或者其委托的招投标监督机构提交施工招标投标情况的书面报告。书面报告应当包括下列内容:
(一)施工招标投标的基本情况,包括施工招标范围、施工招标方式、资格审查、开评标过程和确定中标人的方式及理由等。
(二)相关的文件资料,包括招标公告或者投标邀请书、投标报名表、资格预审文件、招标文件、评标委员会的评标报告(设有标底的,应当附标底)、中标人的投标文件。委托工程招标代理的,还应当附工程施工招标代理委托合同。
招投标过程中已按照本办法的规定办理了备案的文件资料,不再重复提交。
第六十四条 建设行政主管部门自收到书面报告之日起5个工作日内未通知招标人在招标投标活动中有违法行为的,招标人可以向中标人发出中标通知书,并将中标结果通知所有未中标的投标人。
未中标的投标人应在接到招标人发出的未中标通知后7日内退回图纸和有关招标资料,招标人同时如数退还其投标保证金(无息);招标人与中标人签订合同后5个工作日内,应当向中标人退还投标保证金(无息)。
第六十五条 招标人和中标人应当自中标通知书发出之日起30日内,按照招标文件和中标人的投标文件订立书面合同;招标人和中标人不得再行订立背离合同实质性内容的其他协议。订立书面合同后7日内,中标人应当将合同送分管的县级以上人民政府建设行政主管部门或者其委托的招投标监督机构备案。
中标人不与招标人订立合同的,投标保证金不予退还并取消其中标资格,给招标人造成的损失超过投标保证金数额的,应当对超过部分予以赔偿;没有提交投标保证金的,应当对招标人的损失承担全部赔偿责任。
第六十六条 招标人无正当理由不与中标人签订合同,给中标人造成损失的,招标人应当给予赔偿。但招标人提供证据证明中标人有下列行为之一的,经分管的建设行政主管部门确认,该中标无效,招标人可以不与中标人签订合同:
(一)中标人与其他招标人串通进行投标的;
(二)中标人以他人的名义进行投标的;
(三)中标人弄虚作假骗取中标的;
(四)法律、法规规定的其他损害招标人利益和社会公共利益的。
第六十七条 招标文件要求中标人提交履约担保的,中标人应当提交,履约担保具体额度和比例由招标人在招标文件中按规定确定。招标人应当同时向中标人提供工程款支付担保。
第六十八条 工程建设施工招标定标后,招标单位和中标单位均应按规定向分管的招投标管理机构交纳招标投标监督费。
第五章 罚 则第六十九条 有违反《招标投标法》行为的,县级以上人民政府建设行政主管部门应当按照《招标投标法》的规定会同有关部门予以处罚。
第七十条 招标投标活动中有《招标投标法》规定中标无效情形的,由项目分管招标监督的县级以上人民政府建设行政主管部门宣布中标无效,责令重新组织招标,并会同有关部门依法追究有关责任人责任。
第七十一条 应当招标未招标的,应当公开招标未公开招标的,由项目分管招标监督的县级以上人民政府建设行政主管部门按建设部令第89号第五十一条进行处理。
第七十二条 招标人不具备自行办理施工招标事宜条件而自行招标的,由项目分管招标监督的县级以上人民政府建设行政主管部门按建设部令第89号第五十二条处罚。
第七十三条 招标人组织招投标活动必须依法接受招投标管理机构的监督,对规避招标监督的招标人,项目分管招标监督的县级以上人民政府建设行政主管部门按建设部令第89号第五十四条处理。
第七十四条 受委托的招标代理机构制作的标底有下列情形之一的,建设行政主管部门或者招投标监督部门可对责任单位和责任人进行通报批评,责成该编制单位进行整顿,收回编制人员上岗证;对多次发生下列情况的,由原发证机关收回招标代理资质证书:
(一)标底制作单位泄露标底或与招投标活动中应当保密的有关资料和情况的;
(二)标底制作单位不按招标人所颁发的招标文件规定的工程招标范围编制标底的;
(三)标底编制单位与招标人或投标人串通制作标底的;
(四)标底编制错算、漏算工作量部分费用总额超过标底总价±3%以上(含±3%);
(五)在标底制作过程中产生的其他违纪、违法行为导致招标过程有失公正的。
第七十五条 评标委员会的组成不符合法律、法规规定的,项目分管招标监督的县级以上人民政府建设行政主管部门可按建设部令第89号第五十三条处理。应当责令招标人重新组织评标委员会。招标人拒不改正的,建设行政主管部门不得颁发施工许可证。
第七十六条 招标人未向建设行政主管部门提交施工招标投标情况书面报告的,项目分管招标监督的县级以上人民政府建设行政主管部门按建设部令第89号第五十四条处理。
第六章 附 则第七十七条 工程施工专业分包、劳务分包采用招标方式的,参照本办法执行。
第七十八条 招标文件或者投标文件使用两种以上语言文字的,必须有一种是中文;如对不同文本的解释发生异议的,以中文文本为准。用文字表示的金额与数字表示的金额不一致的,以文字表示的金额为准。
第七十九条 使用国际组织或者外国政府贷款、援助资金的工程进行施工招标,贷款方、资金提供方对招标投标的具体条件和程序有不同规定的,可以适用其规定,但违背中华人民共和国的社会公共利益的除外。
第八十条 本办法中大、中、小型建筑工程的规模划分可参照我省现行定额中工程类别的划分来执行,一类为大型工程;二类为中型工程;其它类别均属小型工程。
第八十一条 本办法自颁发之日起施行。原颁发的《江西省工程建设施工招标投标管理实施细则》(赣城施字[1994]54号)、《江西省工程建设项目报建和建设单位资质管理办法》(赣城施字[1994]67号)、《关于印发〈江西省建设工程施工招标投标实施办法〉(试行)的通知》(赣建发[2000]5号)同时废止。
2001年9月10日颁布
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