News

Management methods of tendering and bidding for architectural engineering design

date: 2018-09-20
Times of browsing: 30

The "administrative measures on bidding and tendering for construction project design", which have been deliberated and adopted at the 32nd executive meeting of the ministry, is hereby promulgated and shall come into force as of May 1, 2017.

Minister of housing and urban-rural development  Chen zhenggao

24, 2017

Measures for the administration of bidding and tendering for the design of construction projects.

   Article1 For the purpose of regulating the construction engineering design market, improving the standard of construction engineering design, promoting fair competition, prospering architectural creation, according to the law of the People's Republic of China, the bidding law of the People's Republic of China, the regulations on the administration of construction survey and design and the regulation on the implementation of the tendering of the People's Republic of China and other laws and regulations, these measures are formulated.

Article 2 These measures shall apply to the bidding and tendering of all kinds of housing construction projects which must be subject to tender according to law.

       Article 3 The state council urban and rural construction department shall supervise the whole nation’s bidding and tendering of construction project designs. 

The departments in charge of urban and rural construction of the local people's governments at or above the county level shall exercise supervision over the bidding and tendering of construction projects within their respective administrative areas according to law, and shall investigate and deal with the illegal acts in the bidding and tendering activities according to law.

Article 4 The standards for the scope and scale of bidding construction project designs shall be implemented in accordance with the relevant provisions of the state, and bids are not necessary if one of the following circumstances occur:

(1) where an irreplaceable patent or proprietary technology is used;

(2) where the clients have special requirements for the artistic modelling of the architectures and have obtained approval from the relevant competent authorities;

(3)where the construction unit is capable of designing by itself according to law;

(4)where the reconstruction, extension or technical transformation of a construction project shall be designed by the original design unit, otherwise the requirements for supporting functional facilities shall be affected;

(5) Other special circumstances stipulated by the state.


Article 5 bidding for design of construction projects shall be conducted in accordance with the law through public bidding or invitation to bid.

Article 6 the design bidding of a construction project may adopt the design bidding scheme or the design team bidding, and the tenderer may choose according to the characteristics and actual needs of the project.

The bidding of design scheme means that the winning bidder is determined through the evaluation of the design scheme submitted by the bidder.

The design team bidding means to determine the winning bidder mainly through the evaluation of the comprehensive ability of the design team to be sent by the bidder.

Article 7 in case of public bidding, the tenderer shall issue a tender announcement.If an invitation to tender is made, the tenderer shall issue an invitation to bid to more than three potential bidders.

The tender announcement or invitation for bid shall state the name and address of the tenderer, the basic requirements of the project subject to tender, the qualifications of the bidder and the method for obtaining the tender documents.

Article 8 a tenderer shall, in general, invite tender for the design of plans, preliminary designs and construction drawings for construction projects.If it is really necessary to select another design unit to undertake the preliminary design or construction drawing design, it shall be specified in the tender announcement or the invitation for bid.

Article 9 construction projects shall be encouraged to carry out the design contract.Where the design contract is executed, the design unit may, in accordance with the contract or with the consent of the tenderer, subcontract the design of the non-principal part of the construction project without bidding.

Article 10 the bidding documents shall meet the different requirements of the bidding of the design scheme or the bidding of the design team, mainly including the following contents:

(1) basic information of the project;

(2) basic requirements of urban and rural planning and urban design for projects;

(3) economic and technological requirements for project engineering;

(iv) basic information related to the project;

(5) bidding contents;

(6) q&a of bidding documents and arrangement of site survey;

(7) requirements for preparation of tender documents;

(8) standards and methods for bid evaluation;

(9) place of delivery and deadline of tender documents;

(10) time and place of bid opening;

(11) major provisions of the contract to be signed;

(12) design fee or billing method;

(13) compensation measures for unbid schemes.

Article 11 a tenderer shall specify whether to accept the joint venture bidding or not in the announcement of pre-qualification examination, tender announcement or invitation for bid.If joint bidding is adopted, all parties to the consortium shall sign a joint bidding agreement, specify the work and responsibilities of each party and assume joint and several liability to the tenderer for the winning project.

Article 12 a tenderer may clarify or amend the tender documents that have been issued.If the clarification or modification of the content may affect the preparation of the tender documents, the tenderer shall notify in writing all potential bidders who have obtained the tender documents at least 15 days prior to the deadline for submission of the tender documents.

If a potential bidder or other interested party has any objection to the bidding document, it shall raise such objection 10 days before the deadline for bidding.The tenderer shall give a reply within 3 days from the date of receiving the objection;Pending a reply, the bidding and tendering activities shall be suspended.

Article 13 the tenderer shall determine the reasonable time required by the bidder for preparing the tender documents, from the date of issuance of the tender documents to the deadline for submission of the tender documents by the bidder, and the time limit shall be no less than 20 days.

Article 14 a bidder shall have the engineering design qualification appropriate to the project subject to tender.If overseas design units participate in domestic construction project design bidding, they shall comply with relevant state regulations.

Article 15 a bidder shall prepare bid documents in accordance with the requirements of the bidding documents.The bid documents shall respond to the substantive requirements and conditions set forth in the tender documents.

Article 16 bid evaluation shall be undertaken by the bid evaluation committee.

The bid assessment committee shall be composed of representatives of the tenderer and relevant experts.The number of members of the bid assessment committee shall be an odd number of 5 or more, among which the number of technical and economic experts shall not be less than 2/3 of the total number of members.In the bid evaluation of a construction project design scheme, construction experts shall not be less than 2/3 of the total number of technical and economic experts.

Bid evaluation experts are usually randomly selected from the expert database. For projects with complicated technology, strong expertise or special requirements of the state, the tenderer may directly invite academicians from the Chinese academy of sciences, Chinese academy of engineering, national engineering survey and design masters and experts with relevant qualifications from overseas to participate in bid evaluation.

No bidder or any person who has an interest in the bidder shall participate in the bid assessment committee.

Article 17 the bid assessment committee shall reject its tender under any of the following circumstances:

(1) if the bidding documents are not sealed and signed by the bidder and the person-in-charge of the unit as required in the bidding documents;

(2) no joint bidding agreement has been submitted by the bid consortium;

(3) the bidder fails to meet the qualifications as required by the state or the bidding documents;

(4) the same bidder shall submit two or more different tender documents or tender offers, except that alternative bids are required to be submitted in the tender documents;

(5) the tender documents do not respond to the substantive requirements and conditions of the tender documents;

(6) the bidder commits illegal ACTS such as collusion in bidding, fraud and bribery;

(7) other circumstances under which the bid shall be rejected as provided for by laws and regulations.

Article 18 the bid assessment committee shall evaluate the bid documents in accordance with the bid assessment standards and methods determined in the bidding documents.

Where a design scheme is tendered, the bid assessment committee shall, subject to the requirements of urban and rural planning and urban design as well as safety, green, energy conservation and environmental protection, mainly evaluate functions, technology, economy and aesthetics.

If the design team is invited for bidding, the bid evaluation committee shall evaluate the composition, performance, work experience, interpretation of the project, design conception, credit status and performance of the bidder for the project.

Article 19 the bid evaluation committee shall, after the completion of bid evaluation, submit a written bid evaluation report to the tenderer, recommend not more than three bid winning candidates and indicate the order.

Article 20 the tenderer shall make public the candidate for winning the bid.If a design team tenders, the tenderer shall make public the main personnel and performance listed in the bid documents of the winning candidate.

Article 21 the tenderer shall determine the winning bidder on the basis of the written bid assessment report of the bid assessment committee and the recommended bid winning candidate.The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder.

Where a design scheme is used for bidding, if the tenderer considers that the candidate scheme recommended by the bid assessment committee cannot meet the requirements specified in the bid invitation documents to the maximum extent, the bid invitation shall be renewed according to law.

Article 22 a tenderer shall, after determining the winning bidder, promptly issue a bid-winning notice to the winning bidder and at the same time notify all non-winning bidders of the bid-winning result.

Article 23 a tenderer shall, within 15 days from the date of determining the winning bidder, submit a written report on the situation of bidding and bidding to the competent department of urban and rural construction of the local people's government at or above the county level.

Article 24 the departments in charge of urban and rural construction of the local people's governments at or above the county level shall, within 5 working days from the date of receiving the written reports on the situation of bidding and tendering, disclose such information as the opinions of experts on evaluation, with the exception of those involving state secrets or commercial secrets.

Article 25 the tenderer and the winning bidder shall conclude a written contract within 30 days from the date of issuance of the bid-winning notice in accordance with the bidding documents and the bid documents of the winning bidder.

Article 26 if a tenderer or a winning bidder USES a scheme that has not won the bid, he or she shall obtain the consent of the bidder who submitted the scheme and pay the fee for the use thereof.

Article 27 the departments in charge of urban and rural construction under the state council and the departments in charge of urban and rural construction under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall strengthen the management of experts and expert Banks for evaluating bids for construction projects.

Construction expert database should be classified according to construction project category.

Article 28 departments in charge of urban and rural construction of housing shall accelerate the promotion of electronic bidding and bidding, improve the construction of information platform for bidding and bidding, and promote the information-based supervision of bidding and bidding for design of construction projects.

Article 29 of the tenderer to restrict or exclude any intended bidder with unreasonable requirements, apply discrimination treatment to any intended bidder, forcing bidders to form a consortium to make joint bidding, or restrict competition between bidders, the local people's government at or above the county level shall housing department in charge of urban and rural construction shall be ordered to correct, you can be fined 10000 yuan and 50000 yuan.

Article 30 if a tenderer clarifies or amends the time limit for the submission of tender documents, or if the time limit for the submission of tender documents determined does not conform to the provisions of these measures, the department in charge of urban and rural construction of the local people's government at or above the county level shall order the tenderer to make corrections and may impose a fine of not more than 100,000 yuan.

Article 31 if a tenderer fails to form a bid assessment committee in accordance with the provisions, or the determination of the members of the bid assessment committee violates the provisions of these measures, the competent department of housing and urban-rural construction of the local people's government at or above the county level shall order correction, and may impose a fine of less than 100,000 yuan.

Article 32 a tenderer who has one of the following circumstances shall be ordered to make corrections by the department of housing and urban-rural construction under the local people's government at or above the county level, and may be imposed a fine of not more than 10‰ of the amount of the winning project.If losses are caused to others, the party shall be liable for compensation according to law;The person-in-charge directly responsible and other persons directly responsible shall be punished according to law:

(1) failure to issue the bid-winning notice in accordance with these measures without justified reasons;

Failing to determine the winning bidder in accordance with the provisions;

(3) change the result of the bid after the letter of acceptance is issued without good reason;

(4) failing to conclude a contract with the winning bidder in accordance with these measures without justified reasons;

(v) submit additional conditions to the winning bidder at the time of conclusion of the contract.

Article 33 if a bidder tenders in the name of another person or fraudulently obtains the winning bid by other means, the winning bid shall be null and void and the loss caused to the tenderer shall be liable for compensation according to law.If a crime is constituted, criminal responsibility shall be investigated according to law.

If a bidder commits any of the ACTS listed in the preceding paragraph but does not constitute a crime, it shall be fined by the department of housing and urban-rural construction under the local people's government at or above the county level for a fine of not more than 5‰ but less than 10‰ of the bid winning project, and the person directly in charge and other persons directly responsible shall be fined not less than 5% but not more than 10% of the unit's fine.Where there is illegal income, it shall also be confiscated;If the circumstances are serious, the bidder shall be disqualified from bidding for the design of the construction project which must be bid in accordance with the law within one to three years, and shall be published until its business license is revoked by the administrative department for industry and commerce.

Article 34 the bid assessment committee members to accept property or other benefits from any bidder, the bid assessment committee members or to participate in the evaluation of relevant staff disclosed to others for review and comparison of bid documents, the recommended candidate winning bidders and other information related to bid assessment, the local people's government at or above the county level shall be warned by the competent department of urban and rural construction, housing accepting property confiscated and a fine may concurrently be fined 3000 yuan and 50000 yuan.

If a member of the bid assessment committee commits any of the ACTS specified in the preceding paragraph, the competent authorities shall notify him of his criticism and disqualify him from being a member of the bid assessment committee, and shall not participate in any bid assessment of the bidding for the design of a construction project subject to tender according to law.If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 35 if a member of the bid assessment committee, in violation of the provisions of these measures, fails to put forward a veto opinion on a bid that should be rejected, the department in charge of urban and rural construction of the local people's government at or above the county level shall order him to correct;If the circumstances are serious, it is forbidden to participate in bidding and bidding for the design of construction projects which must be bid in accordance with law within a certain period of time;If the circumstances are especially serious, the competent authorities shall disqualify him from being a member of the bid assessment committee.

Article 36 the personnel of the departments in charge of urban and rural construction of housing or the functional departments concerned who engage in malpractices for personal gain, abuse their power or neglect their duties, if the case constitutes a crime, shall be investigated for criminal responsibility according to law.If the case does not constitute a crime, administrative sanctions shall be imposed according to law.

Article 37 these measures shall be applied for bidding and tendering for municipal public works and garden engineering designs.

Article 38 these measures shall be effective as of May 1, 2017.On October 18, 2000, the administrative measures for bidding and tendering for architectural engineering design promulgated by the ministry of construction (order no. 82 of the ministry of construction) shall be repealed at the same time.


share:
Contact us
hotline 028-85435963
Address: China (Sichuan) free trade pilot area, Chengdu high tech Zone, No. 3, 28, No. 88, Jiao Zi Avenue, 2806. Tel:028-85435963 Fax:028-85435963 Mailbox:schrsy@sc-hrsy.com Zip code:610094
Related news
2018 - 09 - 20
The "administrative measures on bidding and tendering for construction project design", which have been deliberated and adopted at the 32nd executive meeting of the ministry, is hereby promulgated and shall come into force as of May 1, 2017.Minister of housing and urban-rural development  Chen zhenggao24, 2017Measures for the administration of bidding and tendering for the design of...
2018 - 08 - 22
The real estate tax in the process of drafting and improving the plan is expected to accelerate.On July 16, Mao Shengyong, a spokesman for the National Bureau of Statistics, said at a press conference on the operation of the national economy in the first half of 2008 that the central government should further strengthen and improve macroeconomic regulation and control on the one hand, and at the s...
2018 - 08 - 22
For the construction industry, 2017 is destined to be extraordinary year, industry continue to deepen the reform, policy, development of ecological construction are quietly changing, desalination engineering construction enterprise qualification, strengthen personal qualification, and decentralization, margin, bidding, the national social networking/credit/bidding data sharing, imperial a platform...
Contact us
Address: China (Sichuan) free trade pilot area, Chengdu high tech Zone, No. 3, 28, No. 88, Jiao Zi Avenue, 2806.
Telephone:028-85435963
Fax:028-85435963
Mailbox:schrsy@sc-hrsy.com
Mailbox:xiniuyun@eims.com
Mobile web site
Copyright ©2018 - 2020 Sichuan Hong Rui Industrial Co., Ltd.
Rhino cloud provides enterprise cloud services
犀牛云提供云计算服务