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Measures of Changsha Municipality on the Administration of Bidding for Construction Projects

chapter I general provisions article 1 these measures are formulated in accordance with the regulations of Hunan province on the administration of bidding and tendering for construction projects and combined with the actual situation of this municipality in order to strengthen the management of bidding and tendering for construction projects, standardize the trading behavior in the construction market and protect the legitimate rights and interests of tenderers and bidders. Article 2 All units and individuals that conduct bidding activities for construction projects within the administrative area of this Municipality shall abide by these Measures. Article 3 The term "tendering and bidding for construction projects" as mentioned in these Measures refers to the tendering and bidding for earthwork, civil construction, equipment installation, pipeline laying and decoration of construction projects. Article 4 The construction project management department of the people's government of the city or county (city) is in charge of the bidding and tendering of construction projects, and the bidding and tendering management institution of the city or county (city) is responsible for the daily work of the bidding and tendering of construction projects, and its main responsibilities are:

(1) to examine the qualifications of bidding and tendering units;

(2) review the tender documents;

(3) Organizing the examination and approval of pre-tender estimate and bid evaluation and calibration methods;

(4) supervising the bid opening, evaluation, selection and negotiation, and approving the bid-winning notice;

(5) supervise the signing and performance of construction contracts;

(6) Mediation of disputes in tendering and bidding activities;

(7) Reject the result of calibration that violates the provisions of bidding. Fifth construction bidding, bidding is not restricted by regions and departments, adhere to the principles of openness, justice, fair competition and selection of the best. Chapter II Bidding Article 6 The following construction projects shall be subject to bidding:

(1) Housing construction with a construction area of over 1,111 square meters and other civil construction projects with a construction cost of over 511,111 yuan;

(2) Equipment installation and pipeline laying with a project cost of more than 511,111 yuan;

(3) Decoration works and earthwork works with a project cost of more than 311,111 yuan.

bidding is encouraged for projects below the above quota. Article 7 Whether to invite tenders for the following construction projects is up to the investors themselves:

(1) Wholly foreign-owned, privately invested at home or donated from abroad;

(2) the people's government at or above the county level confirms that it is confidential, emergency rescue or disaster relief;

(3) projects of units with corresponding construction qualification grades;

(4) Small and medium-sized water conservancy and hydropower projects. Article 8 A construction unit shall meet the following conditions in bidding:

(1) It is a legal person or other organization established according to law;

(2) having economic and technical management personnel suitable for the project subject to tender;

(3) having the ability to organize the preparation of tender and pre-tender estimate;

(4) having the ability to examine the qualifications of the tendering units;

(5) Having the ability to organize bid opening, bid evaluation and bid selection.

the construction unit that does not have the above items (2) to (5) shall entrust the construction engineering consulting, supervision and other units with corresponding qualifications to represent the bidding work. Article 9 A bid inviting unit shall enjoy the following rights:

(1) Methods for preparing the bid invitation document, evaluating and determining the bid;

(2) participating in the selection of qualified bidders;

(3) organizing bidding activities;

(4) other rights enjoyed according to law. Article 11 The bidding for a construction project shall meet the following conditions:

(1) The construction project has been approved by the competent departments of planning, land and planning;

(2) It has registered the construction application of the construction project;

(3) drawings and technical data required for construction;

(4) The sources of construction funds and major equipment have been confirmed. Eleventh construction project bidding can be carried out by public bidding, invitation bidding and negotiation.

for public bidding, the tendering unit will publicly issue a tender notice, and the tendering unit will send a tender invitation letter to the selected construction unit, with no less than three participants. For special construction projects with strong technology and professionalism and urgent construction period that are not suitable for public bidding and invitation to tender, after being reviewed by the tendering and bidding management organization and reported to the construction project management department for approval, more than two construction units will be selected for negotiation. Twelfth construction project construction bidding in addition to basic engineering, secondary decoration engineering, professional equipment installation engineering and other sub-projects can be implemented for special reasons, not dismembered project bidding. Article 13 the bidding for construction projects shall be conducted according to the following procedures:

(1) submit an application for bidding to the bidding management institution;

(2) prepare the tender according to the regulations and report it to the tendering and bidding management institution for review;

(3) The bid inviting unit issues a tender notice or invitation letter;

(4) The tendering unit applies to the tendering unit for bidding;

(5) Select the tendering units, distribute the bidding documents, design drawings and technical data, and collect the bid bond;

(6) The bid inviting unit holds a bidding meeting;

(7) When the tender is submitted within the agreed time, the tenderee will uniformly package and seal the tender in public, and the tenderee will be responsible for keeping it confidential after the representatives of all tenderers jointly sign it;

(8) The bid inviting unit shall prepare the pre-tender estimate and bid evaluation and calibration methods, and report them to the bidding management institution for examination and approval;

(9) The tendering and bidding management organization shall organize a bid evaluation team together with the tendering unit;

(11) The bid inviting unit holds the bid opening meeting;

(11) The bid evaluation team evaluates the bid, and the bid inviting unit determines the winning bidder according to the opinions of the bid evaluation team;

(12) The bid inviting unit sends the bid winning notice approved by the bidding management institution to the bid winning unit;

(13) The tendering unit and the winning bidder sign the construction contract.