Notice of the Ministry of Energy on the issuance of the "Regulations on the Management of Bidding and Bidding for Construction and Equipment Procurement of Large and Medium-sized Hydropower Station Pr

Notice of the Ministry of Energy on the issuance of the "Regulations on the Management of Bidding and Bidding for Construction and Equipment Procurement of Large and Medium-sized Hydropower Station Projects"

Chapter 1 General Provisions Article 1 In order to strengthen the management of bidding and bidding for hydropower construction projects (hereinafter referred to as hydropower bidding) and clarify the responsibilities of all parties, in accordance with the State Council's "On Reforming the Management System of the Construction Industry and Capital Construction" "Interim Provisions on Certain Issues", these regulations are formulated based on the specific conditions of hydropower construction work. Article 2 The bidding contracting system is a system that, under the guidance of national policies, selects construction enterprises and equipment manufacturers through competition and determines responsibilities through contracts, so as to ensure the quality of the project, shorten the construction period, reduce the project cost, and improve investment efficiency. Purpose. Article 3 Bidding and bidding are economic activities between legal persons. Departments or enterprises without legal status cannot organize bidding or participate in bidding. Article 4 These regulations shall apply to all large and medium-sized hydropower projects invested and constructed in China that are subject to bidding and contracting. Chapter 2 Bidding Management Article 5 The Ministry of Energy manages and supervises the bidding and bidding of large and medium-sized hydropower projects. Its main responsibilities are:

1. In accordance with relevant national laws and regulations, formulate and promulgate relevant Water and electricity bidding regulations or methods.

2. Supervise and guide the bidding work of hydropower projects.

3. Establish a project leadership organization for large-scale hydropower projects in conjunction with relevant competent authorities, approve the project owners, and approve the construction units of major national construction projects.

4. Reject bid results that are detrimental to national interests and seriously violate relevant national regulations. Article 6 The construction of hydropower projects shall be managed by the project leadership agency, the owner unit, and the construction unit.

Project leadership agency: The board of directors, council, leadership group, etc. composed of project investors, industries, and local leadership departments are the leadership agencies of the project. Major issues related to project bidding are decided by the project leadership agency.

Owner unit: The owner unit (hereinafter referred to as the owner) is responsible for project construction declaration, fund raising and repayment, undertaking hydropower station construction tasks, and is responsible to the country and investors. The owner has the right to operate and manage the fixed assets of the project.

Construction unit: An organization that manages project construction on behalf of the owner. The owner can select or entrust a unit with project construction management capabilities to serve. Under the management of the construction unit, supervision, consulting, design, construction units and equipment manufacturers complete their respective tasks according to the contract. Supervision work is a part of construction management, and its units and personnel must be relatively stable. Article 7 The basic parties in bidding activities are owners and bidding enterprises. With the authorization of the owner, the construction unit serves as the bidding unit to engage in bidding work on behalf of the owner. Any construction enterprise holding the "Qualification Grade Certificate for Water Conservancy and Hydropower Construction Enterprises" can participate in the construction bidding of hydropower projects corresponding to its qualifications. When construction enterprises holding qualification certificates from other industries participate in bidding for the main project (including diversion projects, the same below), their qualifications should comply with the relevant provisions of the "Quality Level Standards for Water Conservancy and Hydropower Construction Enterprises" and be approved by the project leadership agency. Article 8 The bidding plan, prequalification documents, bidding documents, prequalification report, and bid evaluation report for the main project shall be submitted by the bidding unit to the owner for approval and the project leadership agency for confirmation, and shall be reported to the superior competent department for review and approval.

Relevant units should reply within fifteen days after receiving the report. Failure to reply within the time limit will be deemed as confirmation. The bidding unit can proceed to the next step. Chapter 3 Bidding Article 9 Bidding for hydropower projects must meet the following conditions:

1. Construction funds have been secured and the project has been included in the national or local capital construction plan.

2. The bidding plan or implementation budget has been approved by the owner; the bidding plan has been agreed by the owner and the project leadership agency.

3. The construction unit has signed a design contract with the design unit.

4. The preparation of bidding documents, bidding design and base bid has been completed.

5. The implementation plan for land acquisition and resettlement for project construction has been implemented.

Article 10 The division of bids should be conducive to attracting bidders to participate in the competition and to the project management of construction units and contracting enterprises. There should not be too many separate bids for the main project. Article 11 Bidding methods are divided into public bidding, invitation bidding and invitation negotiation. The bidding unit can be selected based on project conditions and market environment. The following different bidding methods can be used for sub-tender projects in the same project.

1. Public bidding: The bidding unit shall publicly issue a bidding notice.

2. Invitation to bid: The bidding unit issues a bid invitation to enterprises with contracting capabilities. The number of construction companies invited should not be less than three.

3. Invitation to bid negotiation: The bidding unit invites enterprises with contracting capabilities, and uses negotiation to determine the contracting enterprise, contract conditions, and signing. Generally, no less than two enterprises are invited. Article 12 Bidding requires a qualification review (pre-qualification or post-qualification review) of bidding enterprises. Article 13 Public bidding must adopt the pre-qualification method. The prequalification notice issued by the bidding unit shall include the following main contents:

1. Name of owner, construction unit, and design unit.

2. Project name, geographical location, scale of bidding project, planned start date, and completion date.

3. Qualifications and additional qualifications of enterprises applying to participate in the bidding.

4. The date, address and selling price of the pre-qualification documents for sale. Article 14 Pre-qualification documents generally include the following contents:

1. Overview of the bidding project, construction conditions, main project quantities and technical requirements, and corresponding drawings and materials.

2. "Conditions of Contract".

3. Instructions for pre-qualification applicants (including the deadline for accepting applications and the delivery address).

4. The pre-qualification application form that bidding companies must fill out, the main contents are:

1. Company name, affiliation, and main person in charge of the company.

2. Copy of enterprise qualification certificate.

3. A brief history of the company and engineering performance in the past two decades.

4． Current status of the business (personnel, equipment, finances).

5. The company's existing construction tasks and contracts under negotiation.

6. The equipment, status and source of the equipment planned to be invested in the project, as well as the working capital to be invested.

7. The name and qualifications of the person in charge to be dispatched to the construction site.