【 release unit 】 the ministry of communications
Transportation ministry make release document number 】 【 5, 2006
The 2006-05-25 release date 】 【
"Effective date" 2006-07-01
"Expiration date" -- -- -- -- -- -- -- -- -- -- -
[category] national laws and regulations
[source file] the ministry of communications
The highway engineering construction supervision measures for the management of bidding and tendering on May 8, 2006, the sixth ministerial conference, is now promulgated, and effective as of July 1, 2006.
Minister li shenglin
On 25 May 2006
Highway engineering construction supervision measures for the management of bidding and tendering
The first chapter is always
Article 1 for the purpose of regulating the supervision of highway engineering tender and bid activities, ensure the quality of highway engineering, protect the legitimate rights and interests all parties to tender and bid activities, according to the "highway law" and "tendering", these measures are formulated.
Article 2 must be carried out in accordance with the bidding of highway engineering construction supervision of projects, the tender and bid activities shall abide by these measures.
Highway engineering construction supervision "as mentioned in the present measures, including subgrade pavement including traffic safety facilities engineering, bridge engineering, tunnel engineering, mechanical and electrical engineering, environmental protection engineering construction supervision and environmental protection in the construction process and construction safety supervision.
Third highway engineering construction supervision in tendering and bidding shall follow the principles of openness, fairness and justice, honesty and credit.
Article 4 the ministry of communications is responsible for national highway engineering construction supervision supervision and management of tender and bid activities.
Transportation departments of local people's governments at or above the county level shall be responsible for the highway project construction within their respective administrative areas supervision supervision and administration of the tender and bid activities.
Transportation departments may entrust its subordinate quality supervision institutions to be responsible for the supervision and administration of the construction supervision of tender and bid activities.
Article 5 of the transportation departments should strengthen the highway engineering construction supervision supervision and administration of the whole process of tender and bid activities.
Article 6 the department in charge of transportation shall, in accordance with the engineering construction project tender and bid activities complaint handling method "and the relevant provisions of the state, establish a fair and efficient bidding and tendering complaint handling mechanism.
Any unit or individual that highway engineering construction supervision tender and bid activities in violation of the laws, regulations, rules and regulations, have the right to raised an objection to the tenderer or complain to the transportation departments in accordance with the law.
Article 7 the competent authorities of transport shall gradually establish credit files of highway engineering construction supervision enterprises and personnel system.
Credit files should be included in the highway engineering construction supervision enterprises and personnel's basic situation, performance, and administrative punishment record.
The second chapter for standard
Article 8 in accordance with the measures for the construction supervision of highway engineering project subject to tender, shall meet the following requirements:
(a) the preliminary design documents shall fulfill the formalities for examination and approval, has been approved;
(2) the implementation of construction funds has been;
(3) the project entity or undertake project management institution has been established according to law.
Article 9 of the highway engineering construction supervision of the tenderer, should be in accordance with the provisions of these measures, put forward the highway engineering construction supervision project subject to tender, tender highway project legal person or other organization.
Article 10 the tenderer will be the whole highway construction supervision of the project as a standard a tender, can also according to different specialty, different stages the case section of the tender.
The tenderer the case section for construction supervision bidding, bid shall be divided into full consideration to implement effective management and supervision of enterprises for a project subject to tender a reasonable investment and other factors.
Article 11 the highway engineering construction supervision bidding is divided into public bidding and inviting tenders.
Article 12 the highway project construction supervision should open tender.
Meet the following conditions, one of the projects, after approved by the department of have approval rights, to invite tender:
(a) in technology or have special requirements;
(2) a limited number of eligible potential bidder;
(3) the restricted by natural geographical environment;
(4) compared to the cost of public bidding and project supervision fees, the proportion is too large;
(5) laws and regulations for which neither public bidding.
Article 13 adopts the public tender method, the tenderer shall be specified in the national media to issue a tender announcement, and can be provided by the transportation department media release.
Article 14 of the highway engineering construction supervision of bidding qualification of the tenderer shall be conducted to potential bidders. After qualification examination way into prequalification and qualification audit.
Pre-qualification is the tenderer after issue a tender announcement, the potential bidders prior to send out an invitation for submission of bid qualification, credit standing and ability for review. The tenderer only sent through the prequalification of potential bidders bid invitation letter and issue the tender documents.
Qualification review is the tenderer in after receipt of the bidder's bid documents, qualification, credit standing and ability of the bidder's review.
Article 15 the qualification examination methods are divided into mandatory condition examination method and the comprehensive score review method.
Mandatory condition censorship laws means that a tenderer qualifications of bidders or bidders only whether meet the requirement stipulated in the tender documents and bid qualifications, credit conditions such as mandatory review, and it is concluded that "through" or "not through" the review conclusion, no bidder or potential bidder qualifications for specific quantitative evaluation method of qualification.
Comprehensive score review method refers to the bidder or potential bidder qualifications meet the requirements of the tender documents the specified minimum qualifications, credit, on the basis of the construction supervision of the tenderer to bidders or any intended bidder ability, management ability, the performance situation and experience of construction supervision, quantitative score and score qualification examination method of screening.
Article 16 the highway engineering construction supervision bidding, shall be conducted in accordance with the following procedures:
(a) a tenderer tender method is determined. Adopts the invitational tender shall fulfill the formalities for examination and approval.
(2) the tenderer by the tender documents, and according to the project management authority to the local transportation departments at or above the county level for the record; Adopts the prequalification method, at the same time by the tender prequalification documents, pre-qualification documents shall specify the time and venue of the prequalification documents submitted.
(3) issue a tender announcement. Adopts the prequalification method, at the same time to sell bidding pre-qualification documents; Adopts the invitational tender, the tenderer directly send out the bid invitation, issue the tender documents.
(4) adopts the prequalification method to qualification of potential bidders, and shall notify all the prequalification results for prequalification of potential bidders, sent through the prequalification of potential bidders bid invitation letter and issue the tender documents.
(5) inspection organization bidder bidding project engineering field when necessary, before the meeting.
(6) accept bidders bid documents.
(7) the bid opening in public.
(eight) adopts the qualification after trial method, the tenderer bidders for qualification.
(9) to form a bid assessment, the bid assessment committee recommended candidate winning bidders.
(10) to determine the winning bidder, the bid evaluation report and the evaluation results according to the project management access to the local transportation departments at or above the county level for the record and the public.
(11) the tenderer issued a letter of acceptance.
(12) the tenderer and the winning bidder to highway engineering construction supervision contract.
Under the secondary roads, independent of the rivers, and independent of short tunnel, building, rebuilding and maintenance overhaul project, according to the specific conditions and actual needs of the above procedures simplified, but shall comply with the provisions of the bidding law ".
Article 17 a tenderer shall, according to the characteristics of the construction supervision of projects subject to tender and need to prepare the bidding documents, bidding documents shall be in conformity with the ministry of communications ministerial standard requirements in the code for the highway project construction supervision compulsory execution rules.
Secondary and secondary roads, independent bridge and extra large bridge, independent of long tunnel and tunnel construction, renovation and maintenance overhaul project, its main body engineering construction supervision of the bidding documents, should use issued by the ministry of transportation highway engineering construction supervision bidding document template, ancillary facilities and other grades of highway engineering project construction supervision of the bidding documents, can consult promulgated by the ministry of transportation of the highway engineering construction supervision bidding document template "to prepare, and can be simplified.
Article 18 the bidding documents shall include the following main contents:
(a) an invitation for submission of bid;
(2) instructions (including the project summary and necessary engineering design drawings, submit the start-stop time, place and manner of his bid documents, bid opening time and place, etc.);
(3) the qualification requirement and qualification file format (suitable for use after qualification of prescriptions
(4) the terms of the contract of highway engineering construction supervision,
(5) of a project subject to tender applicable standards, rules and regulations;
(6) to the bidding supervision enterprise business ability, the level of qualification and the requirements for transportation and office facilities;
(7) according to the bidding object is chief supervision agencies or station supervision institutions, put forward to
The scene of the bidder in the minimum requirements of supervision personnel, supervision of equipment;
(eight) whether to accept a consortium to bid;
(9) supervision agencies at all levels of responsibility division of labor;
(10) bid file formats, including business proposal format, file format and technical proposal format, etc.;
(11) the evaluation standard and method. Results of the evaluation criteria should be considered a bidder or record integrity factors such as punishment, the bid evaluation method should pay attention to personnel quality and technology solutions.
Article 19 a tenderer for supervision of important positions, qualifications, and the number of alternative personnel requirements, shall be in conformity with the provisions of the highway engineering construction supervision regulations ".
Article 20 the tenderer requires bidders to submit bid security, bidders shall, in accordance with the requirements of the amount and form submission. Bid bond amount shall not exceed fifty thousand yuan commonly.
Article 21 a tenderer may not make restrictive conditions in the block in the tender documents or exclude any bidder, shall not be prescribed for awards for the region as a condition of evaluation points or the winning conditions.
Article 22 the tender announcement, an invitation for submission of bid shall include the following contents:
(a) the name and address of the tenderer;
(2) the name of the project subject to tender, technical standards, scale, investment situation, the time limit for a project, the implementation of the place and time;
(3) to obtain the tender documents or pre-qualification documents method, time and place;
(4) the tenderer to the bidder or potential bidder's qualification requirements;
(5) the tenderer deems the announcement or told to other matters.
Article 23 the prequalification documents and the release time of the tender documents shall not be less than 5 working days.
Article 24 a tenderer shall reasonably determine the bidders prepare prequalification documents and the bid documents.
The prequalification project subject to tender, potential bidders to prepare prequalification documents of the time, since the date of sale prequalification documents to submit pre-qualification as of the date of application documents, shall not be less than 14.
Bidder by the tender documents of the time, since the date of issue the tender documents to submit the deadline of the bid documents shall not be less than 20.
Article 25 the tenderer addendum books of the tender documents shall at least before 15 deadline of the bid by written notice to all bidders or bidders. Addendum book shall be submitted to the recruit
The file for the record department supplement for the record.
Article 26 the tenderer shall, according to the formulation of the cost, reasonable price prequalification documents and the tender documents.
The third chapter a bid
Article 27 of the highway engineering construction supervision is bidders shall obtain the supervision enterprise qualification, issued by the transportation departments of supervision enterprise responds to a tender and participates in bid competition.
Article 28 the tenderer to allow supervision enterprises bidding in complex ways, a consortium shall meet the following requirements:
(a) consortium members can be composed of two or more supervision enterprise, all parties to the consortium shall have corresponding capability to undertake the project subject to tender and tender documents the prescribed qualifications. By the supervision enterprises of the same profession form a consortium, the grade of qualifications shall be determined according to lower enterprise qualification level;
(2) the parties shall enter into an agreement on joint submission of work and responsibility to be assumed by the parties, and the joint bidding agreement submitted together with the bid documents of the tenderer. After the parties enter into an agreement on joint submission, only the identity of the bid as a bidder, shall not bid for the same again in the name of each single bid or attend the other consortium bid.
Article 29 of the bidder shall, in accordance with the tender documents required by the tender documents, and the response to the substantial requirements and terms put forward in the tender documents.
Article 30 adopt this method technology, method and comprehensive evaluation method of grading reasonably projects, the tender documents consist of business documents, technical proposal, financial proposal. Business documents and technical proposal should be sealed in an envelope, financial proposal sealed in a separate envelope. The two envelopes shall be sealed again in the same envelope, a copy of the bid documents.
Using this method fixed project bid evaluation method, the bid documents by the business documents,
The technical proposal. Business documents and technical proposal should be sealed in an envelope, a copy of the bid documents.
Description of the tender documents and any correspondence shall affix one's seal, the bidder bidding documents in any text pages must be approved by the legal representative or its authorized agent to sign.
The fourth chapter the bid opening, evaluation and winning
Article 31 the bid opening shall be presided over by the tenderer, and all bidders shall be invited in the legal representative or its authorized agent to attend.
Transportation departments shall supervise the bid opening process.
Article 32 when opening bids, which shall be elected by the bidder or its representative check the sealing condition of the tender documents, can also check and notarized by the notary organization commissioned by the tenderer; After confirmed in public business documents and the technical proposal of the envelope, read out the names and main supervision personnel, etc.
Financial proposal in the bid documents in an envelope at the time of bid opening shall not be opened, properly kept by the competent department of transportation. The bidder in the bid assessment committee to complete business documents and technical proposal of the score, in under the supervision of the department in charge of transportation, again by the bid assessment committee opened participation grade of the bidder's financial proposal envelope.
Article 33 the bid opening process should be record and on file for future reference.
Article 34 the number of bidders is less than three, the tenderer shall issue the tender anew.
Article 35 the tenderer has the pre-tender estimate, pre-tender estimate shall be in conformity with the relevant provisions on the administration of price. Pre-tender estimate shall be comprehensive consider investing project characteristics and requirements of supervision of supervisory personnel, equipped with equipment and other factors. Will be announced during the pre-tender estimate shall be in the bid opening.
The tenderer does not set a pre-tender estimate and did not use a fixed price evaluation method, the tenderer can be within the limits set by the lower limit on bid price quotations.
Article 36 the evaluation work of the bid assessment committee established according to law by the tenderer.
Key highway construction projects to the state and the ministry of communications, the bid assessment committee of experts shall be randomly selected from the expert database established by the ministry of transportation supervision, or according to the authorization from the ministry of communications at the provincial level set by the transportation department in the supervision of expert database randomly; Other highway construction project bid evaluation committee of experts from the expert database set up by the transportation department at the provincial level supervision randomly.
Article 37 bid assessment committee shall be in accordance with the bid assessment standards and methods set in the tender documents, bid documents for review and comparison. The bid assessment standards and methods, was not included in the tender documents may not be used as the basis for bid evaluation.
Article 38 evaluation can be used to price fixed reasonable evaluation method, the technical method, comprehensive evaluation method and laws and regulations to allow other evaluation methods.
Fixed price evaluation method, it is to point to by the tenderer shall be determined according to the price management supervision bid tendering public bid, the bidder rating business documents and technical proposals, and in accordance with the scores from high to low sequence, the method of determine the highest scoring the winning candidate.
Technical grading method of reasonably priced, refers to the business documents and technical proposal for bidders to rate, and in accordance with the scores from high to low sequence, determine the lower scores in the former two bid price for the candidate winning bidders.
Comprehensive evaluation method, it is to point to to the bidder's business documents and technical proposal, financial proposal for grading, sorting, the method of determine the highest scoring the winning candidate. The financial proposal grading weights shall not more than 10%.
Article 39 members of the bid assessment committees shall objectively and impartially perform their duties, abide by the professional
Moral, personally liable for the proposed review opinions.
Members of the bid assessment committees and take part in bid assessment of relevant staff may not contact any bidder privately and may not accept bribery.
Article 40 after finishing the assessment, the bid assessment committee shall submit a written bid evaluation report to the tenderer.
The evaluation report shall include the following contents:
(a) of the bid assessment committee members;
(2) of the bid opening record;
(3) comply with the requirements of the bidder;
(4) using the standard, the evaluating method;
(5) the bidder sort;
(6) the candidate winning bidders recommended by the bid;
(7) other matters to be sure.
Article 41 the tenderer after determine the winning bidder, shall issue a bid-winning notice in a timely manner and inform all bidders bid about the result at the same time.
Article 42 the tenderer and the winning bidder shall within 30 days from the date of the bid-winning notice sent to enter into a written contract. The tenderer and the winning one may put forward the bidding documents and the bid documents of any other conditions.
In the tender documents require the winning bidder to provide the performance guarantee, the winning bidder shall be required amount, time and form submission. Submitted in the form of deposit, payable generally shall not exceed 5% of the contract price.
Article 43 the tenderer shall in 5 working days after the contract with the winning bidder, to the winning bidder and the winning bidder shall refund the tenderer the deposit.
The fifth chapter legal responsibility
Article 44 violates these measures, according to their respective duties by the transportation departments of authority in accordance with the bidding law "and relevant laws, regulations and these measures.
Article 45 the tenderer in any of the following circumstances, the department in charge of transportation instruct its deadline to correct, according to the plot can be fined thirty thousand yuan:
(a) open tender project is not specified in the national media issue a tender announcement;
(2) the public shall be public bidding and tendering;
(3) does not have conditions of the tender and tender;
(4) sell limit prequalification documents and the tender documents, potential bidders to submit a time limit for prequalification documents, bidders to submit the bid documents of time less than the prescribed time limit;
(5) in the stipulated time limit to receive the prequalification documents and the bid documents.
Article 46 in any of the following circumstances in the process of evaluation, evaluation is invalid, shall be conducted in accordance with the law to the evaluation:
(a) using the tender documents not determine the bid assessment standards and methods of evaluation;
(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 personnel involved in the evaluation of;
(4) the bid assessment committee does not conform to the legal form and composition of personnel.
Article 47 members of the bid assessment committees and take part in bid assessment of relevant staff from the bidder of commercial bribery, disclosed to others for review and comparison of bid documents, the recommended candidate winning bidders and other information related to bid assessment, given a warning, confiscated the property of the receiving can be concurrently fined not more than three thousand yuan and fifty thousand yuan, the bid assessment committee members, if you have these irregularities, cancel its qualifications as a member of a bid assessment committee, shall not participate in any bid assessment of projects subject to tender according to law; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 48 transportation departments and their staff quality supervision institutions in violation of the provisions of these measures, the supervision practice favoritism in the supervision and administration of the tender and bid activities, from commercial bribery and 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.
The sixth chapter is attached
Article 49 international financial organizations or foreign government loans, aid highway engineering project, lenders or providers of funds for construction supervision of the specific conditions of tendering and bidding have different provisions and procedures, can its provisions shall be applicable, but shall not violate the social public interests of the People's Republic of China.
Article 50 in the present measures shall be implemented as of July 1, 2006. On December 28, 1998, issued by the ministry of transportation of the highway engineering construction supervision bidding and tendering management method "(traffic possessed by the 9th 1998) shall be repealed simultaneously.