Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Construction Law of the People's Republic of China, the Bidding Law of the People's Republic of China and other laws and administrative regulations in order to standardize the bidding activities of housing construction and municipal infrastructure projects and safeguard the legitimate rights and interests of the bidding parties.

article 2 these measures are applicable to the tendering and bidding activities for housing construction and municipal infrastructure projects within the territory of the people's Republic of China, and to the supervision and management of the tendering and bidding activities for housing construction and municipal infrastructure projects.

the term "housing construction project" as mentioned in these measures refers to all kinds of housing construction and its ancillary facilities, as well as supporting lines, pipelines, equipment installation projects and indoor and outdoor decoration projects.

the municipal infrastructure projects mentioned in these measures refer to the civil works, pipelines and equipment installation projects of urban roads, public transportation, water supply, drainage, gas, heat, gardens, sanitation, sewage treatment, garbage disposal, flood control, underground public facilities and ancillary facilities.

article 3 if the estimated price of a single construction contract for housing construction and municipal infrastructure projects (hereinafter referred to as projects) is more than 2 million yuan, or the total investment of the projects is more than 31 million yuan, a tender must be conducted.

with the approval of the people's government at the same level, the construction administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government may, according to the actual situation, specify the specific scope and scale standard of the project construction bidding in the local area, but shall not narrow the scope of the construction bidding determined in these Measures.

Article 4 The administrative department of construction in the State Council shall be responsible for the supervision and management of the national project construction bidding activities.

the construction administrative department of the local people's government at or above the county level shall be responsible for the supervision and management of the bidding activities of engineering construction within its administrative area. Specific supervision and management work, can be entrusted to the project bidding supervision and management institutions responsible for the implementation.

article 5 no unit or individual may, in violation of the provisions of laws and administrative regulations, restrict or exclude legal persons or other organizations outside the local area or system from participating in bidding, and may not illegally interfere in construction bidding activities in any way.

article 6 construction bidding activities and their parties shall accept supervision according to law.

the construction administrative department shall supervise the construction bidding activities according to law, and investigate and deal with illegal acts in the construction bidding activities.

Chapter II Bidding

Article 7 The bidding for project construction shall be organized and implemented by the tenderee according to law. The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, shall not discriminate against potential bidders, and shall not put forward excessive qualification grade requirements and other requirements for potential bidders that are inconsistent with the actual requirements of the bidding project.

Article 8 The bidding for project construction shall meet the following conditions:

(1) If it is necessary to go through the project examination and approval procedures according to the relevant provisions of the state, it has already gone through the examination and approval procedures;

(2) The project funds or sources of funds have been confirmed;

(3) having design documents and other technical data that meet the needs of construction bidding;

(4) Other conditions stipulated by laws, regulations and rules.

article 9 project construction bidding is divided into open bidding and invitation bidding.

if all the projects that must be subject to construction bidding according to law are invested by state-owned funds or the state-owned funds occupy a controlling or leading position, they should be invited to bid publicly, except for key construction projects that can be invited to bid with the approval of the State Planning Commission or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to law; Other projects can be invited to tender.

Article 11 With the approval of the construction administrative department of the local people's government at or above the county level, a project may not be subject to construction bidding under any of the following circumstances:

(1) A unit project that is resumed after construction is stopped or postponed, and the contractor has not changed;

(2) the project built by the construction enterprise for its own use, and the qualification grade of the construction enterprise meets the engineering requirements;

(3) minor ancillary works or main storey-adding works added to projects under construction, and the contractor has not changed;

(4) other circumstances stipulated by laws, regulations and rules.

Article 11 For a project that must be subject to construction bidding according to law, the tenderee shall have the ability to prepare bidding documents and organize bid evaluation:

(1) Having a special organization for construction bidding;

(2) having professionals who are suitable for the scale and complexity of the project, have experience in bidding for similar projects, and are familiar with the engineering technology, budgetary estimate and project management of relevant laws and regulations on bidding for project construction.

if the above conditions are not met, the tenderee shall entrust a project bidding agency with corresponding qualifications to act as an agent for construction bidding.

Article 12 Where a tenderer handles the construction bidding by himself, he shall file with the construction administrative department of the local people's government at or above the county level where the project is located five days before issuing the tender announcement or invitation for bidding, and submit the following materials:

(1) All the approval documents for handling the examination and approval procedures in accordance with relevant state regulations;

(2) certification materials of the conditions listed in Article 11 of these Measures, including the list of professional and technical personnel, professional title certificates or professional qualification certificates and certification materials of their work experience;

(3) other materials as prescribed by laws, regulations and rules.

if the tenderer does not have the conditions to handle the construction bidding matters by himself, the construction administrative department shall order the tenderer to stop handling the construction bidding matters by himself within 5 days from the date of receiving the filing materials.

article 13 a project that is wholly invested by state-owned funds or in a holding or leading position and must be subject to construction bidding according to law shall enter the tangible construction market for bidding activities.

The relevant government administrative organs can go through the relevant formalities in the tangible construction market in a centralized way, and carry out supervision according to law.

Article 14 For a project that must be subject to public bidding in accordance with the law, a tender announcement shall be published in newspapers, information networks or other media designated by the state or local governments, and at the same time, a tender announcement shall be published on the China Engineering Construction and Construction Industry Information Network.

the tender announcement shall specify the name and address of the tenderer, the nature, scale and location of the project subject to tender, and the method of obtaining the tender documents.

article 15 if a tenderer adopts the method of inviting tenders, it shall issue invitations to bid to three or more qualified construction enterprises.

the invitation to bid shall specify the matters specified in the second paragraph of Article 14 of these Measures.

Article 16 A tenderee may prequalify the bidding applicants according to the needs of a project subject to tender, or may entrust a project bidding agency to prequalify the bidding applicants. For a project subject to pre-qualification, the tenderee shall specify the conditions for pre-qualification and the methods for obtaining pre-qualification documents in the tender announcement or invitation to bid.

prequalification documents should generally include the format of prequalification application, the instructions for applicants, and the certification materials such as enterprise qualification, performance, technical equipment, financial status, resumes and performance of the project manager and main technicians to be sent.

article 17 after prequalification, the tenderee shall issue a prequalification notice to the prequalified bidding applicants, telling them the time, place and method of obtaining the bidding documents, and at the same time informing the prequalification results to the prequalified bidding applicants.

when there are too many prequalified bidders, the tenderee may select not less than 7 prequalified bidders.

article 18 a tenderer shall, according to the characteristics and needs of a project subject to tender, prepare the tender documents by himself or by entrusting a project bidding agency. The bidding documents shall include the following contents:

(1) Instructions for bidding, including the general situation of the project, bidding scope, qualification examination conditions, source or implementation of project funds (including the capital certificate issued by the bank), bid division, construction period requirements, quality standards, on-site reconnaissance and answering arrangements, requirements for preparation, submission, modification and withdrawal of bidding documents, bid quotation requirements, bid validity period, time and place of bid opening, and.

(2) technical requirements and design documents of the project subject to tender;

(3) In case of bidding by bill of quantities, a bill of quantities shall be provided;

(4) the format and appendix of the tender letter;

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

(6) Other materials required to be submitted by the bidder.

article 19 for a project that must be subject to construction bidding according to law, the tenderer shall submit the bidding documents to the construction administrative department of the local people's government at or above the county level where the project is located for the record. If the construction administrative department finds that the tender documents violate laws and regulations, it shall order the tenderer to make corrections.

article 21 if a tenderer makes necessary clarifications or amendments to the issued tender documents, it shall notify all recipients of the tender documents in writing at least 15 days before the deadline for submission of tender documents required by the tender documents, and at the same time report to the construction administrative department of the local people's government at or above the county level where the project is located for the record. This clarification or modification is an integral part of the tender documents.

article 21 if a tenderer has a pre-tender estimate, it shall prepare the pre-tender estimate according to the engineering quantity calculation rules stipulated by the state and the pricing methods and requirements stipulated in the tender documents, and keep it confidential before the bid opening. Only one pre-tender estimate can be compiled for a bidding project.

Article 22 A tenderee may collect the cost of the tender documents as appropriate. For the design documents, the tenderer may collect the deposit at his discretion. If the design documents are returned after the bid opening, the tenderer shall return the deposit.

chapter iii bidding

article 23 bidders for construction bidding are construction enterprises that respond to construction bidding and participate in bidding competition.

the bidder shall have the corresponding qualification of construction enterprise, and meet the requirements set forth in the tender documents in terms of project performance, technical ability, project manager qualification and financial status.

Article 24 If a bidder needs to clarify the bidding documents, it shall submit it to the tenderer in writing.

Article 25 A bidder shall prepare his bid documents in accordance with the requirements of the tender documents and respond to the substantive requirements and conditions put forward in the tender documents.

the tender documents allow bidders to provide alternative targets, and bidders can submit alternative plans according to the requirements of the tender documents and make corresponding quotations as alternative targets.

Article 26 The tender documents shall include the following contents:

(1) Letter of tender;

(2) construction organization design or construction scheme;

(3) tender offer;

(4) other materials required by the tender documents.

Article 27 A tenderer may require bidders to submit bid security in the tender documents. Bid security can be in the form of bid bond or bid bond. The bid bond can be made by cheque, bank draft, etc. Generally, it shall not exceed 2% of the total bid price, with a maximum of 511,111 yuan.

the bidder shall submit the bid guarantee or bid bond to the tenderer together with the bid documents in the manner and amount required in the bidding documents.

Article 28 A bidder shall deliver the bid documents to the bidding place in a sealed manner before the deadline for submission of bid documents required by the tender documents. After receiving the tender documents, the tenderer shall issue a certificate to the bidder indicating the recipient and the time of receipt, and properly keep the tender documents. Before the bid opening, no unit or individual may open the bidding documents. Bidding documents delivered after the deadline for submission of bidding documents required by the bidding documents are invalid bidding documents, and the tenderee shall reject them.

if there are less than three bidders who submit bidding documents, the tenderee shall re-invite bids according to law.

Article 29 A bidder may supplement, modify or withdraw the submitted bid documents before the deadline for submission of bid documents required by the tender documents. The supplementary and revised contents are an integral part of the bidding documents, and shall be delivered, signed and kept in accordance with the provisions of the first paragraph of Article 28 of these Measures. Supplementary or modified contents delivered after the deadline for submission of bid documents required by the tender documents are invalid.

Article 31 Two or more construction enterprises may form a consortium, sign a * * * agreement on bidding, and bid together as a bidder. All parties to the consortium shall have the corresponding qualifications to undertake the bidding project. A consortium composed of construction enterprises of the same major undertakes projects according to the business license scope of construction enterprises with low qualification level.

the tenderer shall not force bidders to form a consortium to bid together, and shall not restrict the competition among bidders.

article 31 bidders shall not collude with each other in bidding, and shall not crowd out the fair competition of other bidders, thus harming the legitimate rights and interests of the tenderee or other bidders.

A bidder shall not collude with the tenderee in bidding, which will harm the national interests, social interests or the legitimate rights and interests of others.

It is forbidden for bidders to win the bid by bribing the tenderee or members of the bid evaluation committee.

Article 32 A bidder shall not bid at a price lower than the cost of its enterprise, nor bid in the name of others or cheat in other ways to win the bid.

chapter iv bid opening, bid evaluation and bid winning

article 33 bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place predetermined in the tender documents.

article 34 the bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate. The bid opening shall be conducted in accordance with the following provisions:

The bidder or its elected representative shall check the sealing of the bid documents, or a notarization institution entrusted by the tenderer may check and notarize the bid documents. After confirmation, the relevant staff will open it in public and read out the name of the bidder, the bid price and other main contents of the bid documents.

all bid documents received by the tenderer before the deadline for submission of bid documents required by the tender documents shall be opened and read out in public when opening bids.

the bid opening process shall be recorded and filed for future reference.

Article 35 At the time of bid opening, if any of the following circumstances occurs in the bid documents, they shall be regarded as invalid bid documents and shall not enter the bid evaluation:

(1) The bid documents are not sealed according to the requirements of the tender documents;

(2) The bid letter in the bid documents is not stamped with the seal of the bidder's enterprise and the legal representative of the enterprise, or the entrusted agent of the legal representative of the enterprise has no legal and effective power of attorney (original) and the seal of the entrusted agent;

(3) The key contents of the bid documents are illegible and illegible;

(4) The bidder fails to provide bid guarantee or bid bond as required in the tender documents;

(5) if a consortium is formed to bid, the bidding documents are not attached with the bidding agreement of all parties to the consortium.

Article 36 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation.

for a project subject to construction bidding according to law, the bid evaluation committee is composed of representatives of the tenderee and experts in relevant technical and economic fields, with an odd number of more than 5 members, of which experts in technical and economic fields other than the tenderee and tendering agency shall not be less than two thirds of the total number of members. The expert members of the bid evaluation committee shall be determined by the tenderee from the roster of experts determined by the construction administrative department and other relevant government departments or the list of experts in related professions in the expert database of the project bidding agency. Generally, the expert members should be selected randomly.

people who are interested in the bidder are not allowed to enter.