Wuxi
Government
Regulations on Management of Construction Project Bidding and Tendering in Wuxi (No. 146 Document, the Wuxi Municipal People's Government)
Release time:2014-10-31 Browse:
 

Index No.

014006438/2014-00682

Creation date

Aug. 18, 2014

Issuing date

Aug. 18, 2014

Document No.

No. 146 Document, the Wuxi Municipal People's Government

Limit of publicity

Long term

Issuing department

The Wuxi Municipal People's Government

Forms of publicity

On websites, documents and government gazettes

Mode of publicity

Initiative publicity

Range of publicity

The whole society

Period of validity

Long term

Procedures of publicity

Publicity after being drafted by the department and approved by relevant offices

Theme (the 1st level)

Urban and rural construction, environmental protection

Theme (the 2nd level)

Construction planning

Type of Literature

Others

Key words

Management, bidding, project, regulations

File download

Content summary

To standardize construction project bidding and tendering activity, safeguard legal interests of bidding and tendering parties, in accordance with the Law of the People's Republic of China on Bidding and Tendering, the Regulations of the People's Republic of China on Implementation of Bidding and Tendering, the Regulations on Bidding and Tendering in Jiangsu and the Regulations on Management of Construction Market in Jiangsu and other laws and regulations, and combining with local realities, these regulations were formulated.

 

Regulations on Management of Construction Project Bidding and Tendering in Wuxi has been deliberated and passed at the 31st Executive Meeting of the Wuxi Municipal People's Government on August 4, 2014, is issued now and will be implemented from October 1, 2014.

 

Wang Quan, Mayor of Wuxi

 

August 11, 2014

 

Regulations on Management of Construction Project Bidding and Tendering in Wuxi

 

Chapter I General Provisions

 

Article 1 To standardize construction project bidding and tendering activity, safeguard legal interests of bidding and tendering parties, in accordance with the Law of the People’s Republic of China on Bidding and Tendering, the Regulations of the People’s Republic of China on Implementation of Bidding and Tendering, the Regulations on Bidding and Tendering in Jiangsu and the Regulations on Management of Construction Market in Jiangsu and other laws and regulations, and combining with local realities, these regulations were formulated.

 

Article 2 Conducting construction projects and cargo or service bidding and tendering activities related to construction projects within the scope of urban area in local city are suitable for these regulations.

 

Article 3 Construction projects referred to in these regulations mean all kinds of newly-built, rebuilt or expanded housing constructions and municipal infrastructure engineering, including:

 

(1) Housing constructions and ancillary facilities

 

(2) Circuit, pipeline and equipment installation assorted with housing constructions and decoration, demolishment and renovation engineering;

 

(3) Urban roads, tunnels, rail traffic, urban lighting, water supply, water drainage, gas, heating power, sewage treatment, environmental sanitation, garbage disposal, underground communal facilities and municipal infrastructure engineering of ancillary facilities including civil engineering, pipelines, equipment installation and park and garden greening.

 

Cargos related to construction projects referred to in these regulations mean indivisible constituent part constituting projects and necessary equipment, materials and others for realizing fundamental functions of projects.

 

Services related to construction projects referred to in these regulations mean services required to finished projects including reconnaissance, design, supervision, engineering consultation and project management.

 

Article 4 Construction project bidding and tendering shall persist in principles of open, justice, fairness, precedence and integrity.

 

Article 5 Municipal construction administrative departments in charge shall be responsible for supervision and administration of construction project bidding and tendering activities within the scope of urban area in local city.

 

Departments including development and reform, finance and supervision shall be responsible for completing related work of construction project bidding and tendering activities according to respective duties.

 

Article 6 Municipal construction administrative departments in charge shall establish uniform construction project bidding and tendering integrity information management system in the whole city to collect, examine and verify, record, publish and manage integrity information of bidding and tendering parties.

 

Article 7 Municipal construction administrative departments in charge shall establish bidding and tendering expert group discussion system and be responsible for presenting handling suggestions to treatment of bidding and tendering activities involving aptitude enhancement, alliance of different majors and complaints.

Chapter II Bidding

Article 8 As to construction projects which must conduct bidding according to law, the scopes and scales shall be carried out according to the stipulations and standards of the state and province.

Any unit or individual shall not break up the whole construction project which must conduct bidding according to law into parts or avoid bidding in other ways.

Encourage other construction projects apart from the ones which must conduct bidding according to law to adopt bidding type to award contracts.

Article 9 Construction projects which must conduct bidding according to law shall conduct bidding and tendering activities in the Wuxi Construction Project Transaction Center (hereinafter referred to as the transaction center); encourage other construction projects apart from the ones which must conduct bidding according to law to conduct bidding and tendering activities in the transaction center.

The transaction center shall establish network security mechanism, emergency plan and system management institution, construct information collection, storage and release platform, provide services including information publish, consultation and electronic bidding and tendering for construction project bidding and tendering activities and accept supervision and administration and operational guidance of municipal construction administrative departments in charge.

Article 10 Encourage bidding and tendering parties to use information networks to conduct electronic bidding and tendering.

As to bidding and tendering parties conducting electronic bidding and tendering, they shall enter the uniform construction project electronized bidding and tendering data base of the whole city and type in relevant information comprehensively and factually, and shall not practice fraud.

Information used in electronic bidding and tendering activities shall take that in the bidding and tendering database as the criterion.

Article 11 Construction project bidding shall have the following conditions:

(1) Bidder has been established according to law;

(2) Already manage related procedures including examination and approval, ratification and record by rile;

(3) Have needed technical data or design drawings meeting bidding;

(4) Already implement needed funds or capital sources within the scope of bidding;

(5) Other conditions specified by laws and regulations.

As to those implementing project agent-construction system, they shall issue bidder's letter of authorization and agreements signed by bidder and project manager; as to adopting ways including BT or BOT to construct, they shall provide related documents or materials of approval.

Cargo or service bidding related to construction projects shall conform to the provisions of related laws and regulations.

Article 12 As to construction projects which must conduct bidding according to law and those organized bidding by bidders voluntarily, they shall conform to the following conditions and report related materials to municipal construction administrative departments in charge for reference:

(1) Have qualifications of legal persons or other organizations;

(2) Have technical forces in aspects including technology, cost of construction, finance and management matched with construction projects;

(3) Have over 3 personnel with bidding professional ability;

(4) Have abilities of compiling bidding documents and organizing bid opening, bid evaluation and bid calibration;

(5) Other conditions specified by laws and regulations.

Article 13 As to bidders not conforming to conditions of organizing bidding voluntarily, they shall entrust bidding agencies with corresponding qualifications to organize bidding, sign commission contracts and report to municipal construction administrative departments in charge for reference.

If construction projects totally using state-owned capital to invest or taking state-owned capital investment as the principal thing (hereinafter referred to as state-owned capital investment construction projects) entrust bidding, they shall determine bidding agency in an open and preferential way. The specific regulations shall be formulated by municipal construction administrative departments in charge and related departments.

Article 14 Bidding agencies shall conform to the following rules in construction project bidding and tendering activities:

(1) Carry out businesses within the scopes of qualifying licensing and bidder commission;

(2) As to those having accepted entrustment of bidders, they shall not accept the same bidding project tendering and consultation services;

(3) Don't accept bidding business agents of projects under construction or completed projects;

(4) Don't practice fraud or play favoritism and commit irregularities in bidding activities and damage state interests and legal interests of bidders and tenderers;

(5) Other requirements stated by laws and regulations.

Article 15 Personnel assuming bidding agency services shall have corresponding occupational qualifications according to law and carry out agency activities according to employment regulations.

Article 16 Construction project bidding and tendering shall be divided into open bidding and invited bidding.

Apart from implementing open bidding and invited bidding, as to cargos or services related to construction projects, having complex technologies and special requirements and few optional tenderers, they shall adopt ways including competitive negotiation according to law to determine contractors.

Article 17 Projects of open bidding shall issue bidding announcement and compile bidding documents according to law.

As to bidders adopting the way of prequalification to conduct prequalification on potential tenderers, they shall issue prequalification announcements and compile prequalification documents.

Contents of bidding announcement and prequalification announcements shall be real and legal; conditions set shall conform to the physical truth of project; and shall not restrict or reject potential tenderers with unreasonable conditions.

Article 18 As to bidders requiring tenderers to pay tender bond in bidding documents, the tender bond shall not exceed 20% of the estimation price of bidding projects and exceed RMB 800 thousand at most; period of validity of tender bond shall be corresponding with that of tender.

As to those adopting electronic bidding, bidders shall define tender document decoding or import rescue methods of failure in tender documents.

Article 19 As to bidders adopting the way of prequalification to conduct prequalification on potential tenderers, the prequalification documents and bidding documents compiled by bidders shall adopt national standard text and be submitted to municipal construction administrative departments in charge.

As to contents of prequalification documents or bidding documents of construction projects which must call for bids according to law violating provisions of laws and regulations and effecting prequalification results or tendering of potential tenderers, bidders shall modify prequalification documents or bidding documents and call for bids again.

Article 20 As to potential tenderers or other interested parties contentious to prequalification documents, they shall put forward before 2 days of the deadline of submitting prequalification application documents; as to those contentious to bidding documents, they shall put forward before 10 days of the deadline of tendering.

Bidders shall make written reply within 3 days since receiving objections; before making reply, they shall suspend bidding and tendering activities.

Article 21 As to bidders of construction projects adopting prequalification and cargo or service bidding related to construction projects requiring to shorten bidding time, they shall state clearly in bidding documents after acknowledgement of all potential tenderers.

Article 22 Bidders can totally or partly implement overall contract bidding to construction projects and cargo or service related to construction projects according to law.

As to construction projects and cargo or service related to construction projects included within the scope of overall contract in the form of provisional valuation belonging to the project scope of that must call for bids according to law and reaching scale standards specified by the nation, they shall conduct bidding according to law.

Provisional valuation set by bidding documents shall conform to market price level and the accruing amounts shall not exceed 10% of the total price of bidding projects.

Article 23 As to bidding documents having bidding control prices, the control prices or the computing method shall be determined in bidding documents and conform to the regulations of the Valuation with Bill Quantity (GB50500-2013).

Bidding control price is the highest tendering limited price restricted to construction project bidding by bidders.

Article 24 After issuance of bidding announcements, as to the number of potential tenderers responding bidding or tenderers submitting tendering documents within the required time less than 3, bidders shall call for bids again according to law.

After calling for bids again, the construction projects belong to the projects which must call for bids according to law. If the number of potential tenderers responding bidding or tenderers submitting tendering documents within the required time is still less than 3, the construction projects shall adopt ways including invited bidding and competitive negotiation to award contracts after approval of municipal construction administrative departments in charge.

Article 25 As to situations of bidding termination or failure because of bidders, bidders shall compensate tenderers’ direct economic loss generated from tendering.

Article 26 As to those implementing invited bidding, bidders shall conduct according to stated organizational forms and procedures and submit contracts and related data to municipal construction administrative departments in charge.

Chapter III Tendering

Article 27 Tenderers shall compile tendering documents according to requirements of bidding documents and make response to material requirements and conditions including aptitude qualifications, project time limit and quality; as to those don't make any response, bidders shall vote down their tendering.

Article 28 As to bidders requiring to submit tender bond, tenderers shall pay tender bond to the special account of tender bond specified by bidding documents according to the way and amount requested by bidding documents before the deadline of submitting tendering documents.

As to domestic tendering units which must call for bids of projects according to law, the tender bond submitted in the form of cash or check shall be rolled out from their basic accounts, or the tendering shall be in vain.

Article 29 2 or over 2 legal persons or other organizations shall form a combo and conduct tendering in the identity of 1 tenderer.

All parties of a combo shall have corresponding aptitude and qualification conditions of assumed bidding projects.

Article 30 Tenderers shall not conduct collusive tendering each other, conduct collusive tendering with bidders or bidding agencies, compete tendering with below-cost quoted price or practice fraud and defraud winning the bidding in the name of others or in other ways.

Chapter IV Bid opening, bid evaluation and bid winning

Article 31 Bidders shall conduct bid opening according to the time and place specified by bidding documents.

As to tenderers having objections to bid opening, they shall present on the scene of bid opening and bidders shall make response and records on the spot.

Article 32 Bid opening shall be hosted by bidders or entrusted bidding agencies and inform to all tenderers to take part in.

Tendering documents received by bidders before the deadline of submitting tendering documents shall be opened and read in public on the site of bid opening.

Article 33 As to those adopting electronic bidding and situations of not receiving tendering documents uploaded by tenderers on the platform of bidding and tendering when conducting bid opening or tenderers not finishing decoding or importing within the required time, they shall be regarded as giving up tendering.

As to the situation of making tenderers cannot submit tendering documents, conduct bid opening or bid evaluation because of bidding and tendering platform breakdown, bidders shall suspend bidding and tendering activities or use emergency bid opening and bid evaluation system to import unencrypted tendering documents to conduct bid opening and bid evaluation.

Article 34 After bid opening, bidders shall establish bidding sorting group compare, screen and sort out bidding documents on whether conforming to the material requirements of bidding documents.

Bidding sorting group shall be constituted by over 3 specialized persons of bidders or entrusted bidding agencies.

Bidding sorting shall be objective and fair and shall not distort the facts or change the material contents of tendering documents.

Bidding sorting shall form bidding sorting reports and provide them for the bid evaluation committee for use when conducting bid evaluation.

Article 35 Bid evaluation shall be responsible for by the bid evaluation committee established by bidders according to law.

Bid evaluation committee shall be constituted by representatives of bidders and related experts. Representatives of bidders shall acquire related intermediate professional title or above of engineering type or have practicing requirements of engineering construction type; related experts shall be selected randomly from the provincial-level bid evaluation expert database by bidders; and the member list of bid evaluation committee shall be kept secret before determining bid winning results.

Principals of bid evaluation committee shall be determined by bidders or elected by members of bid evaluation committee.

Workers of bidding agencies shall not hold the post of members of bid evaluation committee of engineering projects of bidding agented by themselves.

Article 36 Bid evaluation shall be conducted according to procedures including bid evaluation preparation, preliminary evaluation, detailed evaluation, bid winning candidate recommendation and bid evaluation report compilation.

Article 37 Bid evaluation committees shall conduct evaluation and comparison on tendering documents according to the methods determined by bidding documents.

Bid evaluation methods contain the ones including comprehensive evaluation method, commercial technology credit comprehensive evaluation method, minimum tendering price after evaluation, reasonable low price method, method of randomly determining bid winners within reasonable range and evaluation separation method.

Article 38 As to tendering documents having contents with ambiguous meaning and obvious character or calculation mistakes and bid evaluation committee thinking tenderers need to make essential clarification and explanation, they shall inform to tenderers in written notice.

Tenderers’ clarification and explanation shall adopt written form and not exceed the scope of tendering documents or change the material contents of tendering documents.

Article 39 Bid evaluation committees shall affirm situations of below-cost quoted price and major deviation according to laws and regulations and stipulations of bidding documents.

As to tendering documents being affirmed as situations of below-cost quoted price and major deviation, bid evaluation committees shall require tenderers to make explanation.

As to bid evaluation committees not believing explanation of tenderers or voting down tendering of tenderers, they shall give clear indication of reasons and all members of bid evaluation committees shall sign.

Article 40 As to tendering documents not conforming to requirements of bidding documents after review of bid evaluation committees, they shall vote down all tenders.

As to all tenders of projects which must call for bids according to law voted down, bidders shall call for bids again according to law; after calling for bids again, as to all tenders voted down again, bidders shall adopt other ways to award contracts after approval of municipal construction administrative departments in charge.

Article 41 After accomplishment of bid evaluation, bid evaluation committees shall submit bid evaluation reports in written form to bidders; as to bid evaluation reports leaving out essential contents or having mistakes, bid evaluation committees shall supplement and correct.

Article 42 Bidders shall disclosure bid winning candidates within 3 days since receiving bid evaluation reports in written form and the time of publicity shall be no less than 3 days; if the publicity is undisputed, bidders shall determine bid winner before 30 days of the deadline of validity of tender and issue bid-winning notice.

Format of bid-winning notice shall be formulated by municipal construction administrative departments in charge.

Article 43 Bidders shall determine bid winners on the basis of bid winning candidates recommended by bid evaluation committees according to law.

As to bidders determining bid winners by drawing lots randomly, bid evaluation committees shall determine qualified tenderers.

As to service bidding and tendering related to construction projects including construction drawing design, bidders shall establish bid calibration committees according to the principle of separation of bid evaluation and bid calibration; bid calibration committees shall determine bid winners and form bid calibration reports.

Article 44 Bidders shall sign written contracts with bid winners according to bidding documents and tendering documents within 30 days since issuing bid-winning notices and submit to municipal construction administrative departments in charge at the same time.

As to those implementing separation of bid evaluation and bid calibration, bidders shall submit bid calibration reports to municipal construction administrative departments in charge at the same time.

Security for payment and performance guarantee presented together between bidders and tenderers shall be carried out according to the Law of the People's Republic of China on Guarantee and relevant provisions of municipal construction administrative departments in charge.

Article 45 Bid winners shall not have the following behaviors:

(1) Refuse to sign contracts without justified reasons;

(2) Present additional conditions;

(3) Refuse to undertake bid-winning construction projects;

(4) Transfer construction projects.

As to bid winners need to subcontract construction projects, they shall state in tendering documents and provide demonstrations including subcontracting enterprise qualification.

Article 46 As to tenderers or other interested parties having objections to bid evaluation results, they shall present to bidders in written method during the period of publicity of bid winning candidates and bidders shall suspend bidding and tendering activities, inspect and obtain evidence and make reply within limited time.

As to bidders thinking to need re-evaluation after verification, they shall report relevant circumstances to municipal construction administrative departments in charge.

Article 47 Encourage projects which must call for bids according to law to entrust notary organizations to conduct notarization on bid opening and evaluation activities.

Workers of notary organizations participating in bid opening and evaluation activities shall abide by security stipulations of bidding and tendering and not reveal situations related to bid evaluation including review and comparison of bid evaluation committees to tendering documents and recommendations of bid winning candidates.

Chapter V Complaints and handling

Article 48 As to tenderers or other interested parties thinking bidding and tendering in violation of provisions by laws and regulations, they shall complain to municipal construction administrative departments in charge.

Article 49 If situations stated in Article 20 and Article 31 in these regulations happen, and tenderers don’t present objections within the required time, they shall be regarded as giving up rights and their complaints shall not be accepted and handled.

Article 50 If situation stated in Article 46 in these regulations happens, and tenderers still have objections with reply of bidders, they shall complain to municipal construction administrative departments in charge within 10 days since receiving reply of bidders.

As to bidders mishandling objections, municipal construction administrative departments in charge shall order bidders to handle again.

Article 51 As to those with complex situations, wide involving aspects or situation of complaint items exceeding terms of reference of municipal construction administrative departments in charge, municipal construction administrative departments in charge shall confer with relevant departments to investigate and handle and reply to complainants.

Article 52 As to municipal construction administrative departments in charge handling complaints, looking up and copying related documents and materials, related units and personnel shall coordinate with them.

Chapter VI Legal liabilities

Article 53 As to those violating Item 2 in Article 8 in these regulations and bidders breaking up the whole construction projects which must call for bids according to law into parts or avoiding bidding in other ways, municipal construction administrative departments in charge shall order them to correct within limited time and impose a fine of from 5‰ to 10‰ of the contract amount of projects; as to projects totally or partly using state-owned funds, municipal construction administrative departments in charge shall inform fund appropriation departments to stop appropriating project funds and departments of supervision shall find out responsibilities of related personnel.

Article 54 As to those violating Item 2 in Article 9 in these regulations and the transaction center not providing services including information publish, consultation and electronic bidding and tendering by rule, municipal construction administrative departments in charge shall order them to correct; as to those refusing to correct, municipal construction administrative departments in charge shall punish the main principals and directly responsible personnel according to law.

Article 55 As to those violating Item 2 in Article 10 in these regulations and bidding and tendering parties not entering bidding and tendering database to type in relevant information according to the rules or practicing fraud on type-in information, municipal construction administrative departments in charge shall order them to correct; as to those wining the bidding, their bid-winning shall be declared to be invalid and their behaviors shall be taken as bad records in credit files.

Article 56 As to bidders or bidding agencies having one of the following situations, municipal construction administrative departments in charge shall order them to correct and impose a fine of from RMB 5,000 to RMB 30,000:

(1) Violate Item 1 in Article 9 in these regulations and construction projects which must call for bids according to law don’t conduct bidding and tendering activities in the transaction center;

(2) Violate Article 11 in these regulations and conduct bidding activities without conditions of bidding;

(3) Violate Item 2, Item 3 and Item 4 in Article 14 in these regulations, accept the same bidding project’s tendering consultation service after accepting commission of bidder, accept bidding service agent of projects under construction or having completed, practice fraud and play favoritism and commit irregularities in bidding agency activities and damage national interests and legal interests of bidders and tenderers.

Article 57 As to those violating Item 2 in Article 10 in these regulations and bidders not signing written contracts with bid winners according to bidding documents and tendering documents, municipal construction administrative departments in charge shall order them to correct and impose a fine of from 5‰ to 10‰ of amount of bid-winning projects.

Article 58 As to workers of notary organizations violating Item 2 in Article 47 in these regulations and revealing situations related to bid evaluation including review and comparison to tendering documents of bid evaluation committees and recommendations of bid winning candidates, municipal construction administrative departments in charge shall report to judicial administrative departments for handling according to law.

Article 59 As to workers of municipal construction administrative departments in charge and the transaction center neglecting duties, misusing authority and playing favoritism and commit irregularities, local units or departments of supervision shall give disciplinary sanctions according to law; if any crime is constituted, criminal sanctions shall be given according to law.

Article 60 As to those violating these regulations and laws and regulations have stated legal liabilities, they shall conform to the regulations.

Chapter VII Supplementary Provisions

Article 61 As to laws and regulations of government procurement having other regulations on bidding and tendering of government purchasing cargos and services, they shall be abided by.

Article 62 Jiangyin and Yixing shall implement by referring to these regulations.

Article 63 These regulations shall be implemented from October 1, 2014. At the same time, the Regulations on Management of Bidding and Tendering of Construction Projects in Wuxi issued on July 13, 2009 (No. 111 Document, the Wuxi Municipal People's Government) shall be abolished.


 

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