Provisions on bidding management of water conservancy construction projects?

The following is the Regulation on Bidding Management of Water Conservancy Project Construction brought by Zhong Da Consulting for your reference.

Chapter I General Provisions Article 1 In order to speed up the establishment of the socialist market economic system, strengthen the bidding management of water conservancy construction projects, maintain the market order of water conservancy construction, protect the legitimate rights and interests of the state and bidders, and achieve the purposes of controlling the construction period, ensuring the project quality, reducing the project cost and improving the investment benefit, these provisions are formulated in accordance with the relevant provisions of the state and combining the characteristics of water conservancy construction projects.

Article 2 These Provisions shall apply to large and medium-sized water conservancy projects such as flood control, waterlogging elimination, irrigation, power generation, water supply, reclamation, etc. (including new construction, expansion, reconstruction, reinforcement and restoration), as well as supporting and ancillary projects of state investment, central and local joint ventures, joint ventures of enterprises and institutions and other forms of investment. The management of local small-scale projects can be formulated by the water administrative departments of provinces (autonomous regions and municipalities directly under the Central Government).

Article 3 The bidding for water conservancy project construction is an economic activity between the tenderee and the bidder, which is protected and bound by national laws and should follow the principles of legality, justice, equality, compensation and good faith.

Article 4 A project legal person who meets the requirements of Article 11 of these Provisions (or the construction unit that manages the construction project on behalf of the project legal person) may organize the bidding work of the construction project as a bidding unit. All water conservancy and hydropower construction enterprises that hold the qualification grade certificate of construction enterprises and have relevant professional qualification requirements can participate in the bidding for water conservancy project construction that is suitable for their qualifications.

Non-water conservancy and hydropower industry construction enterprises to participate in the bidding, their qualifications should be in line with the "Water Conservancy and Hydropower Construction Enterprise Qualification Grade Standard", to participate in the bidding of construction projects with special hydraulic requirements, but also to obtain the bidding permit for construction projects issued by the bidding management agency of the water conservancy department.

Chapter II Organization, Management and Duties Article 5 The tendering and bidding of water conservancy construction projects throughout the country shall be under the unified management of the Ministry of Water Resources, whose main responsibilities are:

1. Implement the national guidelines, policies, laws and regulations on bidding for engineering construction, and formulate rules and measures for bidding for water conservancy projects;

2. Guide and inspect the implementation of bidding for water conservancy construction projects of river basin institutions and provinces (autonomous regions and municipalities directly under the Central Government);

3. Summarize and exchange the bidding experience of national water conservancy construction projects, and provide services for the grassroots;

4. Coordinate and deal with major problems in the bidding work;

5. Supervise the tendering and bidding activities of important water conservancy construction projects, and put forward handling opinions on acts that harm the interests of the state and seriously violate the provisions on tendering and bidding management of water conservancy construction projects.

Article 6 The tendering and bidding of key construction projects of the Ministry of Water Resources shall be directly managed by the Construction Department of the Ministry of Water Resources or entrusted by river basin agencies. Its main responsibilities are:

1. Organize the qualification examination of the tendering unit or tendering agency;

2. Organize the review of bidding applications and bidding documents;

3. Organize the review of prequalification documents and prequalification reports;

4. Organize the formation or approval of bid evaluation leading institutions;

5. Guide or participate in bid opening, evaluation and selection;

6. Organize the examination and approval of the tendering units;

7. Supervise the signing and performance of the contract.

Article 7 The tendering and bidding of local water conservancy construction projects shall be under the centralized management of the water conservancy (hydropower) department (bureau) of the province (autonomous region or municipality directly under the Central Government), and a special tendering and bidding management institution shall be set up to take charge of the specific work. Its main responsibilities are:

1. Carry out the guidelines, policies, laws and regulations of the State and the Ministry of Water Resources concerning the bidding for engineering construction, and formulate the implementation measures or detailed rules for the bidding for engineering construction in this province (autonomous regions and municipalities directly under the Central Government);

2. Guide, supervise and inspect the implementation of the bidding work;

3. Summarize and exchange bidding experience;

4. Organize the qualification examination of the bidding unit or bidding agency;

5. Organize the review of bidding applications and bidding documents;

6. Organize the formation or approval of bid evaluation leading institutions;

7. Supervise participation in bid opening, bid evaluation and calibration;

8. Examining and approving the winning bidder;

9. Mediation to deal with major issues in construction bidding activities;

10. Supervise the signing and performance of the contract.

Article 8 The bidding management of local large and medium-sized water conservancy construction projects invested by the central government shall be managed by the provinces (autonomous regions and municipalities directly under the Central Government) in conjunction with the Construction Department of the Ministry of Water Resources or river basin agencies.

Article 9 The basic parties to a tender are the tendering unit and the tendering unit. Higher authorities, design units, consulting units, relevant local leading organs and business supervision units do not constitute a single party in the bidding.

Chapter III Bidding Article 10 A bid inviting unit shall enjoy the following rights and responsibilities in bidding activities:

1. According to the relevant regulations and measures of the state and the Ministry of Water Resources and the qualification standards of construction enterprises promulgated by the state, the tendering units shall be selected reasonably;

2. According to the bidding method, bid evaluation principles and price management regulations, reasonably select the bid-winning price and bid-winning unit;

3. Accept the guidance, supervision and management of the bidding management agency at a higher level, as well as the handling opinions on unfair bidding behavior.

Article 11 A bid inviting unit shall meet the following conditions:

1. is a legally established institution and enterprise organization or construction unit that manages the project construction on behalf of the project legal person;

2. Having economic, technical, legal and managerial personnel suitable for organizing the bidding project;

3. Have the ability to organize the preparation of bidding documents;

4. The ability to organize the qualification examination of tendering units;

5. Ability to organize bid opening, bid evaluation and bid selection;

6. Have the ability to negotiate and sign a contract with the winning bidder.

Bidding units that do not meet the above 2 ~ 6 conditions shall entrust supervision units, consulting units and other institutions with corresponding qualifications to bid. A procuratorial agency may charge fees in accordance with the relevant national charging standards.

Twelfth construction project bidding shall meet the following conditions:

1. The preliminary design and budgetary estimate have been approved;

2. Construction projects have been included in the national and local annual investment plans;

3. The preparation of tender documents and pre-tender estimate has been completed;

4 has signed a contract or agreement with the design unit to meet the requirements of construction progress;

5. The project construction funds and sources of main building materials have been implemented or clearly arranged, and can meet the requirements of the contract period;

6 permanent land acquisition and resettlement, temporary land acquisition and resettlement of construction projects have been implemented or clearly arranged;

7. The construction preparation work is basically completed, and the conditions for the construction unit to enter the site are met;

8. The application for construction bidding has been approved by the bidding management agency at a higher level;

9. Supervision procedures have been handled in the corresponding water conservancy project quality supervision institutions.

Thirteenth construction bidding can be based on the scale of the construction project, technical complexity, time limit for a project, construction site management conditions, etc. , in the form of all projects, unit projects or subdivisional work for bidding. Different bidding methods can be adopted for different bidding projects of the same project. The main project should not be divided into too many blocks, and the divided projects should be based on the principle of facilitating project management and attracting competition from construction enterprises. The bidding scheme shall be indicated in the application for construction bidding.

Fourteenth construction project bidding can adopt the following methods:

1. Open tender. By the tender unit through the relevant newspapers and periodicals issued a tender announcement. When inviting public bidding, the number of qualified bidders is not limited. After the qualification examination, the number of bidders shall not be less than 3.

2. Invite bids. The invitation to bid shall be issued by the tendering unit to more than three construction enterprises with the ability to undertake the project. At least three or more construction enterprises should participate in the bidding.

3. Invite bidding for negotiation. For special projects or sporadic projects that are not suitable for public bidding, with the approval of the bidding management agency at a higher level, the way of invitation negotiation can be adopted. More than three (including three) construction enterprises capable of undertaking the project shall be invited to participate in the bidding negotiation, and the contractor shall be selected through bidding negotiation.

Fifteenth construction project bidding work by the bidding unit according to the following procedures:

1. Submit the bidding application form to the superior bidding management institution and get approval. The main contents of the bidding application include: the conditions of the bidding project, the organization of the bidding agency, the analysis scheme and bidding scheme, the bidding method to be adopted and the qualification requirements for bidders.

2. Organize the preparation of bidding documents and pre-tender estimate, and report them to the bidding management institution at a higher level for examination and approval;

3. Publish the tender announcement and sell the prequalification documents;

4. The bidder shall fill in the prequalification and relevant information to apply for bidding;

5. Conduct qualification examination on the tendering units and submit the prequalification report;

6. Issue an invitation to bid to qualified bidders, and sell the bidding documents and related materials;

7. Hold a pre-bid meeting, organize the tenderers to conduct on-site inspection and answer questions in the bidding documents;

8. Establish a bid evaluation leading group or bid evaluation committee to formulate principles and methods for bid evaluation and calibration;

9. Hold a bid opening meeting and open the bid opening;

10. Organize bid evaluation, hold a clarification meeting during bid evaluation, and invite bidders to make necessary clarifications on the bid;

1 1. Select the winning bidder and repair the winning bidder, and report to the superior bidding management agency for approval;

12. Negotiate with the primary winning bidder before winning the bid;

13. Send the letter of acceptance and formally sign the contract with the winning bidder. A copy of the contract shall be reported to the superior bidding management institution for the record;

14. Notify unsuccessful units.

Sixteenth according to the specific circumstances of the project subject to tender, take different forms. Unit price contract is usually appropriate. When the design work is sufficient, the project is accurate and the construction period is short, the total price contract can be adopted, that is, the total price contract can be adopted.

Seventeenth construction bidding documents shall include the following main contents:

1. Comprehensive description of the project (including hydrogeological conditions, construction project contents, technical requirements, quality standards, site construction conditions, construction period, etc.). );

2. Invitation to bid;

3. Instructions for bidding;

4. The format of the tender and its attachments;

5. The bill of quantities and its appendix;

6. Format of contract agreement and performance guarantee;

7. The terms of the contract (including the supply mode of materials and equipment, the measurement of engineering quantity and the payment mode of project funds, the proportion of advance payment, the adoption of standard price of materials and the adjustment method of price difference of materials and equipment, etc.). );

8. Technical specifications and acceptance procedures;

9 drawings, technical data and design instructions.

Article 18 A tenderer shall hold a pre-bid meeting as scheduled, and organize all bidders to visit the site and answer questions. Q&A minutes will be used as a supplement to the bidding documents, and all bidders will be notified in writing. Within 15 days before the bidding deadline, the tenderee will no longer answer questions.

Article 19 Once the tender documents are issued, they shall not be changed at will. If there are any amendments or additions, all bidders shall be formally notified at least 15 days before the deadline for bidding, and the notice shall be postponed, and the deadline for bidding shall be postponed accordingly.

Twentieth according to the scale and complexity of construction projects, determine the arrangement of bidding activities. The deadline for submission of bids shall ensure that the tenderer can carefully understand the relevant situation, study the bidding documents and prepare the tender.

Chapter IV Pre-tender Price Article 21 A pre-tender price must be prepared for construction bidding. The pre-tender estimate shall be compiled by the project legal person (or the construction unit) entrusted by a unit with corresponding qualifications, and the staff must be registered professionals familiar with related businesses. Units and relevant personnel who prepare the pre-tender estimate shall not participate in the pre-tender estimate preparation of the project.

Twenty-second pre-tender estimate preparation principles:

1. The division, quantities and construction conditions of the project subject to tender shall be consistent with the tender documents;

2 should be based on the tender documents, design drawings and relevant information, in line with the current national and ministerial technical standards, economic quota standards and norms. Instead of simply multiplying the estimate by a coefficient or taking the adjusted estimate as the pre-tender estimate;

3. In the total pre-tender estimate price, the 7% planned profit due by the construction enterprise according to the state regulations must be included;

4. Subsidies for construction enterprise bases and special technical equipment may not be included in the pre-tender estimate for the time being, and the use methods shall be stipulated separately;

5. A project subject to tender can only have one pre-tender estimate, and different bidders are not allowed to have different pre-tender estimates.

Twenty-third pre-tender estimate must be controlled within the total budget approved by the superior. If there is a breakthrough, the reasons should be explained, and the design unit should make adjustments, and the tender can only be invited after the approval of the original budget examination and approval unit.

Article 24 Once the pre-tender estimate is approved, it shall be sealed and kept until the bid opening, and all personnel who have contacted the pre-tender estimate shall bear the legal responsibility of confidentiality and shall not disclose it.

Article 25 For a construction project subject to tender negotiation, the contract price shall be determined by all parties to the tender through consultation, and shall be submitted to the bidding management institution at a higher level for approval.

Chapter V Bidding Article 26 A construction enterprise shall correctly select the bidding project according to its actual ability. For a bidding project, only one bid is allowed, and only one quotation can be filled in at a time.

Twenty-seventh units applying for bidding shall fill in the prequalification documents in accordance with the requirements of the prequalification announcement (notice), and provide the following materials to the tendering units:

1. Qualification certificate (photocopy), business license (photocopy) and credit certificate issued by the accounting firm or bank of the construction enterprise;

2. The number of employees, technicians, skilled workers and the average technical level of the enterprise, and the main construction machinery and equipment of the enterprise;

3 major projects undertaken in the past two years (with quality evaluation opinions issued by the quality supervision department);

4 existing major construction tasks (including projects under construction that have won the bid but have not yet started);

5. The financial status of the enterprise in the last two years.

Those who pass the preliminary examination can receive the tender documents within the specified time.

Twenty-eighth bidders should be in accordance with the requirements of the tender documents, carefully prepare the tender, should do:

1. Fully understand the requirements of bidding documents and project legal person (or construction unit) for bidders;

2. Understand the nature, scale and quality standards of the project;

3. Determine the quota level of this enterprise;

4. The 7% planned profit due by the construction enterprise should be included in the unit price;

5. Draw up the best bidding scheme.

Twenty-ninth the contents of the tender documents shall meet the requirements of the tender, mainly including:

1. Comprehensive description of bidding, total quotation of the project;

2. According to the project quality list, fill in the unit price analysis, unit project cost, total project cost and three-material consumption;

3. Construction organization design, including the selected main project and construction diversion project construction scheme, as well as the list of the number and model of the main construction machinery and equipment involved in the construction;

4. Main organizational guarantees and technical measures to ensure project quality, progress and construction safety;

5. Planned commencement, main stage schedule (river closure, water storage, power generation of the first unit, completion, etc.). ) and the total duration;

6. List of project managers, main management personnel and technical personnel involved in the project construction;

7. Land requirements for temporary facilities of the project;

8. Other contents required in the tender documents and other matters that should be explained.

Thirtieth bidders can not accept individual contents in the tender documents, and are allowed to make a separate statement when bidding. What is not stated at the time of bidding, or what is not involved in the statement, is deemed to have been accepted by the tenderer, and will become the basis for both parties to sign the contract after winning the bid. Do not put forward additional conditions that violate the bidding documents for any reason, or put forward additional conditions after winning the bid.

Article 3 1 In addition to the specified tender contents, the construction enterprise may propose a "proposal", including modifying the design, changing the terms and scope of the contract, etc. , and make a quotation for such changes for the tenderer to choose. The words "suggested scheme" shall be indicated in the bidding documents. The tenderee has the right to reject or accept the "proposed scheme".

Thirty-second construction enterprises are not strong enough to undertake all the tasks of the project subject to tender, or can not meet all the bidding qualifications, allowing more than two construction enterprise consortia to accept the qualification examination and conduct joint bid. Joint bid shall issue a joint agreement, specifying the scope and responsibilities of the project undertaken by the responsible party and the parties to the consortium. The responsible party is the legal representative of the consortium. The mutual agreement shall be notarized by the notary office.

Joint bid shall not increase the bidding opportunities by changing the responsible units.

Article 33 A bidder must issue a bank bid guarantee, and the amount of the guarantee shall be clearly specified in the tender documents according to the scale of the construction period.

Article 34 After the tender is submitted to the tender unit, it is allowed to adjust the quotation or make supplementary explanations with the tender unit in the form of official letter before the deadline for bidding, which has the same effect as the tender. The tender is divided into "original" and "copy", and the "original" has legal effect.

Article 35 The winning bidder shall not subcontract or subcontract the principal part of the project subject to tender. If the non-main part of the project needs to be subcontracted, it shall provide the contracting ability certificate of the subcontracting unit and obtain the consent of the tendering unit. The original bid winner is still responsible for the subcontracted project, and the original contract remains unchanged.

Chapter VI Bid Opening, Bid Evaluation and Bid Selection Article 36 The bid opening, bid evaluation and bid selection activities shall be conducted under the supervision of the bidding management institution at a higher level and presided over by the bidding unit.

Article 37 The bid inviting unit shall open the bid according to the time and place specified in the bidding documents, and the bid opening shall be conducted openly in the presence of all representatives of the bidding unit. Open the tender and supplementary letter in public, and publish the quotations of all bidders and other contents that need to be published in the tender documents.

Thirty-eighth any of the following circumstances, the tender is invalid.

1. Not sealed;

2. Lack of bid guarantee;

3 without the seal of the unit and the seal (or signature) of the legal representative or the agent entrusted by the legal representative;

4 failed to fill in the prescribed format and content, or the handwriting is vague and the content is incomplete;

5. Delayed delivery;

6. The bidder did not attend the bid opening meeting.

Article 39 In order to ensure the fairness of bid evaluation, generally, the bid inviting unit employs relevant leaders and experts from higher-level bidding management institutions, construction project departments, design and supervision units to form a bid evaluation leading group or bid evaluation committee to be responsible for bid evaluation.

Fortieth members of the bid evaluation committee do not represent their respective units or organizations, and it is strictly forbidden to have private contact with the tendering units, let alone disclose the bid evaluation situation and results.

Article 41 Before bid evaluation, the principles and methods of bid evaluation, including bid evaluation procedures and methods, shall be formulated and approved by the bid evaluation institution.

Article 42 After the bid opening, any amendment statement or additional preferential conditions put forward by the bidder shall not be used as the basis for bid evaluation.

Forty-third in order to prevent bidders from driving up the offer or blindly lowering the offer, the effective offer for bidding is between 5% and 8% of the reserve price. In case of special circumstances, it must be approved by the bidding management agency at a higher level before it can be exempted from this restriction.

Article 44 After the bid opening, the tenderee has the right to ask the tenderee questions about the unclear issues in the bid. The questions of clarification and confirmation shall be put forward in writing and signed by both parties as an integral part of the tender.

Article 45 The bid evaluation shall comprehensively analyze the bidding quotation, construction period, construction scheme, measures to ensure the progress and quality of the project, the amount of main materials, the manpower (including the main person in charge and technical person in charge) invested in the project construction, mechanical equipment, construction performance, technical strength, management level, recent financial situation and enterprise reputation of the bidding construction enterprise, and select the bidding unit with reasonable quotation and strong performance ability as the promising winning bidder.

Article 46 A bid inviting unit shall, according to the preliminary evaluation report and recommendation opinions of the bid evaluation agency, select and repair the bid winning unit, and report it to the bidding management agency at a higher level for approval.

Article 47 The winning bidder shall be determined within the validity period of the tender. In case of special circumstances, the tenderer may issue a notice to extend the validity of the tender, and the bidder shall not accept such extension.

Article 48 After the winning bidder is determined, the bid inviting unit will issue a bid-winning notice. Both parties shall negotiate and sign the project contract within the time limit specified in the tender documents. If the contract negotiation fails to reach an agreement, the tendering unit has the right to choose the winning bidder.

Article 49 If the winning bidder delays signing the contract under an excuse after receiving the bid-winning notice, the bid inviting unit may confiscate its bid bond. If the tender fails due to the tenderer's own reasons (including failure to sign the contract as scheduled), the tenderer shall pay the economic losses of the tenderer in double indemnity and return the bid bond at the same time.

Article 50 Before the contract is formally signed, the winning bidder shall issue a performance bond by a bank with corresponding credit capacity, and the amount and validity period of the performance bond shall be stipulated in the tender documents.

Article 51 The bid inviting unit does not need to explain the reasons for not winning the bid to the unsuccessful unit, but it should return the bid bond and pay the bid compensation of not less than 4,000 yuan, and the large-scale project should not exceed one ten thousandth of the investment.

Fifty-second bidding projects, bidders still need to prepare the tender according to the requirements of public bidding, according to the procedures stipulated in the tender documents.

Fifty-third after the signing of the project contract, the tenderer shall submit the commencement report to the higher authorities in a timely manner. After approval, a commencement order shall be issued in accordance with the provisions of the tender documents before the project can be officially started.

Chapter VII Punishment Article 54 If the provisions are not implemented and the project subject to tender is not tendered, the higher-level tendering and bidding management institution shall give a warning to the project legal person (or the construction unit) and order it to make up the tender.

Article 55 If it is found that the contractor subcontracts the main project, the project legal person (or the construction unit) shall instruct the contractor to terminate the subcontract and deal with it as a breach of contract.

Article 56 If a tenderer, a unit or an individual who has compiled the pre-tender estimate discloses the pre-tender estimate and other bid evaluation secrets, the bidding management institution at a higher level shall give it a warning, and if the case constitutes a crime, the judicial organ shall be requested to investigate the criminal responsibility of the party concerned according to law.

Article 57 If a bidder fails to truthfully fill in the relevant information required for pre-qualification and practices fraud, the tenderer has the right to cancel his bidding qualification.

Fifty-eighth bidders collude with each other to drive up their quotations and disturb the bidding order, and the bidding management agency at a higher level shall give them a warning. If the circumstances are serious, the bidding qualification of the project may be cancelled until the competent department reduces the qualification of the enterprise. And ordered the bidding unit to reorganize the bidding.

Fifty-ninth units that have obtained the information before bidding by illegal means and won the bid shall be disqualified if they have not started construction; Has been started, shall be ordered to stop immediately, start the loss at your own risk; If it is difficult to stop work, the bidding management institution at a higher level shall impose a fine of 0% ~ 5% of the winning bid, with a maximum of 30,000 yuan.

Article 60 In bid evaluation, the competent department at a higher level shall hold the relevant personnel responsible for favoritism and dereliction of duty, and deal with them severely. Where bribery constitutes a crime, it should be submitted to judicial organs to investigate the criminal responsibility of the parties according to law.

Article 61 If a party refuses to accept the punishment decision made by the tendering and bidding management institution, it may apply to the superior competent department for reconsideration within 05 days from the date of receiving the notice of punishment. The higher authorities shall make a decision within 30 days from the date of receiving the application for reconsideration. If you are still dissatisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision, or you can bring a lawsuit directly to the people's court within 15 days from the date of receiving the penalty notice. Neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.

The above contents are compiled according to the problems encountered by the students in their actual work for reference. If in doubt, please communicate and correct in time.

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