Provisions on the administration of bidding for water conservancy construction projects

Article 1 In order to strengthen the bidding management of water conservancy construction projects and standardize the bidding activities, these Provisions are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the relevant provisions of the state, combined with the characteristics of water conservancy construction.

Article 2 These Provisions shall apply to the survey, design, construction and supervision of water conservancy construction projects and the tendering and bidding activities for the procurement of important equipment and materials related to water conservancy construction.

Third water conservancy construction projects that meet the following specific scope and meet one of the scale standards must be subject to tender.

(1) Specific scope

1, flood control, drainage, irrigation, hydropower generation, water diversion (supply), beach management, soil and water conservation, water resources protection and other water conservancy construction projects. Involving social interests and public safety;

2, the use of state-owned capital investment or state financing of water conservancy construction projects;

3, the use of international organizations or foreign government loans and aid funds for water conservancy construction projects.

(2) Scale standard

1, the estimated price of a single construction contract is more than 2 million yuan;

2, the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 6,543,800 yuan;

3, survey and design, supervision and other services procurement, the estimated price of a single contract is more than 500 thousand yuan;

4. If the total investment of the project is more than 30 million yuan, but the estimated price of a single contract is lower than the standards specified in 1, 2 and 3, in principle, all projects must be subject to tender.

Article 4 Bidding activities shall follow the principles of openness, fairness, impartiality, honesty and credibility. The tenderer is responsible for the bidding of construction projects, and no unit or individual may illegally interfere in the bidding activities in any way.

Chapter II Administrative Supervision and Administration

Article 5 The Ministry of Water Resources is the administrative supervision and management department for bidding activities of water conservancy construction projects nationwide, and its main responsibilities are:

(a) responsible for organizing, guiding and supervising the national water conservancy industry to implement the laws, regulations, rules and policies of the state on bidding;

(two) according to the relevant laws, regulations and policies of the state, formulate the provisions and measures for the bidding management of water conservancy construction projects;

(three) to accept complaints about bidding activities of water conservancy construction projects, and investigate and deal with illegal acts in bidding activities according to law;

(four) to supervise the bidding agency activities of water conservancy construction projects;

(five) the supervision and management of water conservancy construction project evaluation expert qualification;

(six) to be responsible for the administrative supervision of the state key water conservancy projects and the bidding activities of the central projects of the river basin management institutions affiliated to the Ministry of Water Resources (hereinafter referred to as the river basin management institutions).

Article 6. Entrusted by the Ministry of Water Resources, river basin management agencies shall exercise administrative supervision over the tendering and bidding activities of central projects other than those specified in Item 6 of Article 5.

Article 7 The water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are the administrative supervision and management departments for bidding activities of local water conservancy construction projects within their respective administrative areas, and their main responsibilities are:

(a) to implement the laws, regulations, rules and policies related to bidding;

(two) according to the relevant laws, regulations and rules, formulate measures for the administration of bidding for local water conservancy construction projects;

(three) to accept complaints about bidding activities of water conservancy construction projects within the scope of management authority, and investigate and deal with illegal acts in bidding activities according to law;

(four) to supervise the bidding agency activities of local water conservancy construction projects within their respective administrative areas;

(five) the establishment and management of provincial water conservancy project evaluation expert database;

(six) to be responsible for the administrative supervision of the bidding activities of local projects other than those stipulated in the sixth paragraph of Article 5 in this administrative area.

Article 8 The water administrative department shall exercise administrative supervision over the bidding activities of water conservancy construction projects according to law, including:

(a) to accept the tender report submitted by the tenderer before the tender for the record;

(two) can be sent to supervise the bid opening, evaluation, selection and other activities. The illegal acts found in the bidding activities shall be ordered to correct immediately, and decisions including suspending the bid opening or bid evaluation, declaring the bid opening and bid evaluation results invalid, etc. may be made when necessary, and the illegal bid winning results shall be rejected;

(three) accept the written tender summary report submitted by the tenderer for the record.

Chapter III Bidding

Article 9 Bidding is divided into open bidding and invitation bidding.

Article 10 Among the projects that must be subject to tender according to law, national key water conservancy projects, local key water conservancy projects and projects that are all invested with state-owned funds or in which state-owned funds occupy a controlling or leading position shall be subject to public tender. However, in any of the following circumstances, after being approved in accordance with the provisions of Article 11, inviting tenders may be adopted:

(1) The items specified in Item 4, Paragraph 2 of Article 3;

(two) the project technology is complex, there are special requirements or patent protection, limited by natural resources or environment, it is difficult to determine the new technology or technical specifications in advance;

(3) Emergency flood control works;

(4) Other special projects.

Article 11 In accordance with Article 10 of these Provisions, if inviting tenders is adopted, the tenderee must perform the following examination and approval procedures before inviting tenders:

(a) national key water conservancy projects, after preliminary examination by the Ministry of Water Resources, submitted to the State Planning Commission for approval; Other central projects must be reported to the Ministry of Water Resources or its entrusted river basin management agencies for approval;

(2) Local key water conservancy projects shall be audited by the water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the administrative departments of development plans at the same level and reported to the people's governments at the same level for approval; Other local projects shall be submitted to the water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval.

Twelfth the following projects may not be subject to tender, but must be approved by the competent department of the project:

(a) projects involving national security and state secrets;

(two) emergency flood control, drought relief, emergency rescue and disaster relief projects;

(three) approved the use of labor and services of farmers part of the project (excluding the survey and design, supervision and procurement of important equipment and materials);

(four) the project proposal and feasibility study report of the public welfare water conservancy project construction project that does not have the tender conditions;

(five) the use of specific patented technology or unique technology;

(6) Other special projects.

Thirteenth when the tenderer meets the following conditions, according to the relevant provisions and management authority to approve the bidding matters:

(1) Having the project legal person qualification (or legal person qualification);

(2) Having professional technical forces such as engineering technology, budgetary estimate, finance and project management that are suitable for the scale and complexity of the project subject to tender;

(3) Having the ability to prepare bidding documents and organize bid evaluation;

(4) Have bidding experience in similar projects;

(5) It has a special tendering agency or three or more full-time tendering professionals;

(six) familiar with and master the bidding laws, regulations and rules.

Article 14 If a tenderer does not meet the requirements of Article 13, it shall entrust a bidding agency that meets the corresponding conditions to handle the bidding matters.

Article 15 A tenderer shall submit the following written materials when applying for handling tender matters by himself:

(a) the business license, certificate or establishment document of the project legal person;

(2) Having professional and technical strength suitable for the project subject to tender;

(three) the basic information of the internal bidding agency or full-time bidding business personnel;

(4) Information on the expert database of bid evaluation to be used;

(five) the tender documents and bid evaluation reports of similar engineering construction projects prepared in the past, as well as the certification materials of bidding performance;

(6) Other materials.

Sixteenth water conservancy project bidding shall meet the following conditions:

(a) the conditions that should be met in the tender for survey and design

1. The survey and design project has been determined;

2, survey and design funds have been implemented;

3. The necessary basic data of survey and design have been collected.

(2) supervision bidding should have the conditions.

1. The preliminary design has been approved;

2. The funds required for supervision have been implemented;

This project has been included in the annual plan.

(three) the conditions that should be met in the construction bidding

1. The preliminary design has been approved;

2, the source of construction funds has been implemented, the annual investment plan has been arranged;

3, the supervision unit has been determined;

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

5. Permanent land acquisition and resettlement, temporary land acquisition and resettlement of construction projects have been implemented or clearly arranged.

(four) the conditions for the bidding of important equipment and materials.

1. The preliminary design has been approved;

2. The technical and economic indicators of important equipment and materials have been basically determined;

3. The funds needed for equipment and materials have been secured.

Seventeenth bidding work generally according to the following procedures:

(1) Before bidding, submit the bidding report to the water administrative department for the record according to the project management authority. The specific contents of the report shall include: existing bidding conditions, bidding methods, bidding schemes, bidding plan arrangements, bidder qualification (qualification) conditions, bid evaluation methods, bid evaluation committee formation scheme, specific arrangements for bid opening and evaluation, etc.

(2) Preparation of tender documents;

(3) Issuing tender information (tender announcement or invitation to bid);

(four) the sale of prequalification documents;

(five) to accept the prequalification documents prepared by potential bidders on the specified date;

(six) to organize the examination of the prequalification documents of potential bidders;

(seven) to sell the tender documents to the potential bidders who have passed the pre-qualification;

(eight) to organize on-site reconnaissance of potential bidders who purchase the bidding documents;

(nine) to accept the clarification letter of the bidder on the relevant issues in the tender documents, clarify the problems, and notify all potential bidders in writing;

(ten) organize the formation of the bid evaluation committee, and keep it confidential until the winning result is determined;

(eleven) at the specified time and place, accept the tender documents that meet the requirements of the tender documents;

(12) Organizing bid opening and bid evaluation meetings;

(thirteen) among the candidates recommended by the bid evaluation committee, determine the winning bidder;

(fourteen) submit a written summary report on the bidding situation to the water administrative department;

(15) issue a bid-winning notice and inform all bidders of the bid-winning result;

(sixteen) to negotiate a contract with the winning bidder and conclude a written contract.

Article 18 For a project subject to public bidding, the tenderer shall publish a tender announcement in the media designated by the State Development Planning Commission, and large-scale water conservancy construction projects, national key projects, central projects and local key projects shall also publish a tender announcement in china water resources news at the same time. Generally, the time interval between the announcement in the official media and the sale of prequalification documents (or bidding documents) is not less than 10 days. The tenderer shall be responsible for the authenticity of the tender announcement. The tender announcement shall not limit the number of potential bidders.

Legal basis:

Law of People's Republic of China (PRC) on Tendering and Bidding Article 3 Bidding must be conducted for the following construction projects in People's Republic of China (PRC), including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction:

(a) large-scale infrastructure, public utilities and other projects related to social interests and public safety;

(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;

(3) Projects that use loans or aid funds from international organizations or foreign governments.

The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with the relevant departments of the State Council and submitted to the State Council for approval.