chapter I general provisions article 1 these measures are formulated in accordance with the tendering and bidding law of the people's Republic of China, the regulations on tendering and bidding of Jiangsu province, the regulations on the administration of the construction market of Jiangsu province and other laws and regulations in combination with the actual situation of this municipality in order to standardize the tendering and bidding activities of construction projects, safeguard the legitimate rights and interests of the parties, ensure the project quality and improve the investment benefit. Article 2 These Measures shall apply to the tendering and bidding activities of all kinds of new construction, reconstruction, expansion, relocation, restoration and technical transformation construction projects within the administrative area of this Municipality. Article 3 The term "construction projects" as mentioned in these Measures refers to the construction of all kinds of buildings and their ancillary facilities, the installation of supporting lines, pipelines and equipment, indoor and outdoor decoration and other professional projects, outdoor environmental projects, as well as urban roads and bridges, tunnels, street lighting, public transportation, water supply, drainage, gas, heat, sewage treatment, sanitation, garbage disposal, flood control, underground public facilities and facilities.
the term "tendering and bidding for construction projects" as mentioned in these measures means that the tenderee will undertake the tasks of survey, design, construction, engineering consultation, engineering supervision, engineering management and procurement of important equipment and materials related to the project through competition. Article 4 Bidding for construction projects shall adhere to the principles of openness, fairness, impartiality, merit-based selection and good faith. No unit or individual may illegally interfere with or influence the process and results of bidding activities. Article 5 The administrative department of development and reform shall be responsible for the guidance and coordination of bidding activities.
the construction administrative department is in charge of the supervision and management of bidding for construction projects.
supervision, transportation, water conservancy and other administrative departments are responsible for the supervision and management of bidding according to their respective responsibilities. Article 6 The standards for the scope and scale of construction projects that must be tendered according to law shall be implemented in accordance with the Provisions on the Standards for the Scope and Scale of Bidding for Construction Projects in Jiangsu Province. No unit or individual may break up a construction project that must be tendered according to law or evade the tender in any other way.
bidding activities for construction projects that must be invited according to law shall be conducted in the construction project trading center. The establishment and management of the construction engineering trading center shall be implemented in accordance with the relevant provisions. Article 7 Construction projects that are not required to be tendered according to law are encouraged to be contracted by means of tender and carried out in the construction project trading center. Article 8 The pre-selection contractor system shall be gradually implemented in the bidding of construction projects with state-owned capital investment as the holding or leading position, and its management measures shall be formulated separately. Ninth construction project bidders and other interested parties think that the bidding activities do not conform to the provisions of laws, regulations and rules, they can complain to the construction administrative department.
the complainant shall, in accordance with the provisions on complaints in tendering and bidding, make a real-name written complaint within the validity period, and provide evidential materials or effective clues. Chapter II Bidding Article 11 The bidding for a construction project shall meet the following conditions:
(1) The tenderer has been established according to law;
(2) The relevant formalities of examination and approval, approval and filing have been fulfilled in accordance with regulations;
(3) There are technical data or design drawings that meet the requirements of bidding;
(4) The required funds or sources of funds within the bidding scope have been confirmed;
(5) Other conditions stipulated by laws, regulations and rules. Eleventh construction project tenderers can organize their own bidding, or entrust a project bidding agency with corresponding qualifications to organize bidding. Article 12 For a construction project that must be tendered according to law, if the tenderer organizes the tender by himself, it shall meet the following conditions and report to the construction administrative department for the record:
(1) Set up a special tendering organization;
(2) Having the qualifications of a legal person or other organizations established according to law;
(3) having technical strength in engineering technology, project cost, finance and project management that is suitable for the scale and complexity of the construction project;
(4) There shall be no less than three engineering technical and economic personnel with intermediate or above titles in this unit, including at least one cost engineer registered in this unit;
(5) Having the ability to prepare bidding documents and organize bid opening, evaluation and selection, and being familiar with and mastering relevant laws and regulations on bidding. Thirteenth construction project bidders who do not meet the requirements of self-organizing bidding shall entrust a project bidding agency with corresponding qualifications to organize bidding. The contents of the bidding agency shall be clearly defined in the entrustment contract and reported to the construction administrative department for the record.
when inviting tenders for construction projects invested by state-owned funds, the project tendering agency shall be determined on the basis of public selection, and the specific provisions shall be formulated separately. Article 14 When a tenderer carries out general contracting bidding for a construction project, if the professional projects, important equipment and materials included in the general contracting scope in the form of temporary evaluation meet the scale standards set by the province, the general contracting winning bidder and the construction project tenderer shall conduct bidding in accordance with the provisions of Articles 11 and 12 of these Measures. The risks and responsibilities of both parties shall be stipulated in the contract. Fifteenth construction project bidding is divided into public bidding and invitation bidding. In addition to public bidding and invitation bidding, bidding for services such as construction engineering survey, design, engineering consulting, engineering supervision and engineering management and the procurement of important equipment and materials can also be conducted by competitive negotiation according to law, and the specific requirements shall be implemented in accordance with relevant regulations.