article 1 these measures are formulated in accordance with the building law of the people's Republic of China, the law of the people's Republic of China on tendering and bidding, the regulations on the administration of survey and design of construction projects and the regulations on the implementation of the law of the people's Republic of China on tendering and bidding in order to standardize the design market of construction projects, improve the design level of construction projects, promote fair competition and prosper architectural creation. Article 2 These Measures shall apply to the design bidding activities of various housing construction projects that must be subject to bidding according to law. Article 3 The competent department of housing and urban-rural construction in the State Council shall supervise the bidding activities of national construction engineering design according to law.

the competent department of housing and urban-rural construction of the local people's governments at or above the county level shall supervise the tendering and bidding activities of construction engineering design within their respective administrative areas according to law, and investigate and deal with illegal acts in tendering and bidding activities according to law. Article 4 The bidding scope and scale standard of construction project design shall be implemented in accordance with the relevant provisions of the state. In any of the following circumstances, the bidding may not be conducted:

(1) irreplaceable patents or proprietary technologies are adopted;

(2) having special requirements for architectural artistic modeling and being approved by the relevant competent department;

(3) The construction unit can design by itself according to law;

(4) The reconstruction, expansion or technical transformation of a construction project needs to be designed by the original design unit, otherwise the functional requirements will be affected;

(5) other special circumstances stipulated by the state. Article 5 The bidding for the design of construction projects shall be open or invited according to law. Article 6 The bidding for the design of a construction project may be based on the design scheme or the design team, and the tenderee may choose according to the characteristics of the project and the actual needs.

Bidding for design scheme refers to determining the winning bidder mainly by reviewing the design scheme submitted by bidders.

Bidding for design team refers to determining the winning bidder mainly by evaluating the comprehensive ability of the design team to be sent by the bidder. Article 7 In case of public bidding, the tenderee shall issue a tender announcement. Where a tender is invited, the tenderee shall issue an invitation to bid to more than three potential bidders.

the tender announcement or invitation to bid shall specify the name and address of the tenderer, the basic requirements of the project subject to tender, the qualification requirements of bidders, and the methods for obtaining the tender documents. Article 8 A tenderer shall generally invite bids for the scheme design, preliminary design and construction drawing design of a construction project. If it is really necessary to choose another design unit to undertake the preliminary design and construction drawing design, it shall be clearly stated in the tender announcement or invitation to bid. Ninth to encourage construction projects to implement the design contract. In the case of general design contract, the design unit may subcontract the design of the non-main part of the construction project without bidding according to the contract or with the consent of the tenderer. Article 11 The bidding documents shall meet the different requirements of bidding for design scheme or bidding for design team, and mainly include the following contents:

(1) Basic information of the project;

(2) Basic requirements of urban and rural planning and urban design for the project;

(3) the economic and technical requirements of the project;

(4) Basic information about the project;

(5) the contents of the tender;

(6) answering questions about the bidding documents and arranging on-site reconnaissance;

(7) requirements for preparation of bid documents;

(8) evaluation criteria and methods;

(9) the delivery place and deadline of the bid documents;

(11) Time and place of bid opening;

(11) the main terms of the contract to be signed;

(12) design fee or charging method;

(XIII) Compensation measures for unsuccessful schemes. Article 11 A tenderer shall specify whether or not to accept a consortium bid in the prequalification announcement, tender announcement or invitation to bid. In case of bidding in the form of a consortium, all parties to the consortium shall sign a * * * agreement on bidding, clearly stipulate the work and responsibilities undertaken by all parties, and bear joint and several liabilities to the tenderer for the winning project. Article 12 A tenderer may make necessary clarifications or amendments to the issued tender documents. If the clarification or modification may affect the preparation of bidding documents, the tenderer shall notify all potential bidders who have obtained the bidding documents in writing at least 15 days before the deadline for submission of bidding documents. If it is less than 15 days, the tenderer shall postpone the deadline for submission of bidding documents.

potential bidders or other interested parties who have objections to the bidding documents shall raise them before the deadline of 11. The tenderer shall make a reply within 3 days from the date of receiving the objection; Before making a reply, the tendering and bidding activities shall be suspended. Article 13 A tenderer shall determine the reasonable time required for a bidder to prepare his tender documents, which shall be at least 21 days from the date when the tender documents are issued to the deadline when the bidders submit their tender documents. Article 14 A bidder shall have the engineering design qualification suitable for the project subject to tender. Overseas design units participating in domestic construction project design bidding shall be implemented in accordance with relevant state regulations. Article 15 A bidder shall prepare the bidding documents according to the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements and conditions put forward in the bidding documents. Article 16 The bid evaluation committee shall be responsible for bid evaluation.

the bid evaluation Committee consists of representatives of the tenderee and relevant experts. The number of bid evaluation committees is odd, with more than 5 people, among whom technical and economic experts shall not be less than 2/3 of the total number of members. When evaluating the bid for the design scheme of a building project, the number of architectural experts shall not be less than 2/3 of the total number of technical and economic experts.

bid evaluation experts are generally randomly selected from the expert database. For projects with complex technology, strong professionalism or special requirements of the country, the tenderee can also directly invite academicians of China Academy of Sciences, China Academy of Engineering, national engineering survey and design masters and overseas experts with corresponding qualifications to participate in bid evaluation.

A bidder or any person interested in the bidder shall not participate in the bid evaluation committee.