Full text of laws and regulations on bidding management of water conservancy construction projects

Provisions on the Administration of Bidding for Water Conservancy Construction Projects Article 1 In order to strengthen the management of bidding for water conservancy construction projects and standardize 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 and design, construction and supervision of water conservancy construction projects, as well as 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. 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. 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 bidding 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.

In the case of inviting tenders, the tenderee shall issue invitations to bid to three or more legal persons or other organizations with bidding qualifications.

If there are less than three bidders, the tenderee shall re-invite tenders in accordance with these provisions.

Nineteenth a tenderer shall, in accordance with the relevant provisions of the state, combine the characteristics and needs of the project to prepare the tender documents.

Article 20 A tenderer shall examine the qualifications of bidders and submit a qualification examination report, which shall be filed for future reference after being signed by the participants.

Article 21 In a project, the tenderee shall examine the qualifications of all potential bidders under the same conditions, and may not restrict or exclude some potential bidders for any reason.

Article 22 If a tenderer makes necessary clarifications or amendments to the issued tender documents, it shall notify all bidders in writing at least five days before the deadline for submission of tender documents required by the tender documents. This clarification or modification is an integral part of the tender documents.

Twenty-third projects that must be subject to tender according to law shall not be less than 20 days from the date of issuance of tender documents to the deadline for bidders to submit tender documents.

Twenty-fourth tender documents should be determined according to their production costs, which can generally be controlled according to the standard of 1000 yuan to 3000 yuan.

Twenty-fifth tender documents should specify the amount of bid bond, which can generally be controlled according to the following standards:

(1) The estimated contract price exceeds1000000 yuan, and the bid bond amount does not exceed 0.5% of the estimated contract price;

(2) The estimated contract price is between 30 million yuan and1million yuan, and the amount of bid bond shall not exceed 6 ‰ of the estimated contract price;

(3) The estimated contract price is less than 30 million yuan, and the amount of bid bond shall not exceed seven thousandths of the estimated contract price, but the minimum shall not be less than 6,543.8+0,000 yuan. Twenty-sixth bidders must have the qualifications (qualifications) required for water conservancy construction projects.

Twenty-seventh bidders shall prepare the bidding documents in accordance with the requirements of the bidding documents, and seal them before the deadline stipulated in the bidding documents. Before the deadline for bidding, the bidder may withdraw the submitted bidding documents or make corrections and supplements, but it shall meet the requirements of the bidding documents.

Twenty-eighth bidders must bid according to the provisions of the tender documents, and can also put forward "alternative plan", and mark the words "alternative plan" on the cover for the tenderer to choose, but it is not the main basis for bid evaluation.

Twenty-ninth more than two units jointly bid, the qualification (qualification) level of the consortium shall be determined according to the unit with lower qualification level. The tenderer shall not force bidders to form a consortium to bid together.

Article 30 A bidder shall submit a bid bond at the same time as his bid documents.

The tenderer and the winning bidder shall return the bid bond within 5 working days after signing the contract.

Thirty-first bidders shall be responsible for the authenticity of the relevant information in the qualification (qualification) pre-examination documents and bidding documents submitted by them. Article 32 The bid evaluation standards and methods shall be specified in the tender documents, and other bid evaluation standards and methods shall not be formulated, modified or supplemented during the bid evaluation.

Article 33 In a project, all bidders must have the same evaluation criteria and methods.

Thirty-fourth evaluation criteria are divided into technical standards and commercial standards, which generally include the following contents:

(1) Evaluation criteria for survey and design

1, the performance and credit of the bidder;

2. Experience as chief engineer of survey and design;

3. Allocation of human resources;

4, technical solutions and technological innovation;

5, quality standards and quality management measures;

6. Technical support and guarantee;

7. Bid price and bid evaluation price;

8. Financial situation;

9. Organize the implementation plan and progress.

(2) Supervision evaluation criteria

1, the performance and credit of the bidder;

2, the project chief supervision engineer experience and main supervision personnel;

3, supervision planning (outline);

4. Bid price and bid evaluation price;

5. Financial situation.

(3) Construction bid evaluation criteria

1, construction scheme (or construction organization design) and construction period;

2. Bid price and bid evaluation price;

3, the construction project manager and technical director's experience;

4. Organization and key management personnel;

5. Main construction equipment;

6, quality standards, quality and safety management measures;

7, the bidder's performance, similar engineering experience and reputation;

8. Financial situation.

(4) Evaluation criteria of equipment and materials

1, bid price and bid evaluation price;

2, quality standards and quality management measures;

3. Organize the supply plan;

4. After-sales service;

5, the bidder's performance and reputation;

6. Financial situation.

Thirty-fifth bid evaluation methods can adopt comprehensive evaluation method, comprehensive lowest bid evaluation method, reasonable lowest bid evaluation method, comprehensive evaluation method and two-stage bid evaluation method.

Article 36 Where there is a pre-tender estimate for construction bidding, the pre-tender estimate may be adopted:

(1) A copy of the pre-tender estimate prepared by the tenderer;

(2) Take the average of all or part of the bidders' quotations as the pre-tender estimate B;

(3) Take the weighted average of pre-tender estimate A and pre-tender estimate B as the pre-tender estimate;

(4) Take the pre-tender estimate A value as the standard for determining effective bidding, and the average quotation of bidders who enter effective bidding as the pre-tender estimate.

If there is no pre-tender price for construction bidding, it shall be reviewed according to the effective bidding not lower than the cost price. Article 37 The bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate.

Article 38 The bid opening shall be conducted at the time and place specified in the tender documents. The bid opening personnel shall be at least composed of the host, bid supervisor, bid opener, bid singer and recorder, and shall be responsible for the bid opening.

Article 39 The bid opening shall generally be conducted in accordance with the following procedures:

(a) the host in the tender documents to determine the time to stop receiving the tender documents, start the bid opening;

(2) Announcing the list of bid opening personnel;

(three) to confirm whether the legal representative or authorized representative of the bidder is present;

(four) announced the order of bid opening;

(five) according to the order of bid opening, first check whether the seal of the bid documents is intact, and then unseal the bid documents;

(six) announced the bidding elements, and make records, and signed by the bidder's representative;

(seven) to record the above work and file it for future reference.

Article 40 The bid evaluation committee shall be responsible for bid evaluation. The bid evaluation committee consists of representatives of the tenderee and experts in technology, economy and contract management. , with an odd number of more than seven members, of which experts (excluding representatives of the tenderee) shall not be less than two thirds of the total number of members.

Forty-first public water conservancy construction projects, the central project evaluation experts should be drawn from the evaluation expert database established by the Ministry of Water Resources or river basin management agencies; The bid evaluation experts of local projects shall be drawn from the bid evaluation expert database established by the water administrative department of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the bid evaluation expert database established by the Ministry of Water Resources or river basin management institutions.

Article 42 The bid evaluation experts shall be selected by random method. According to the special technical needs of the project, with the approval of the water administrative department, the tenderer may designate some bid evaluation experts, but not more than one third of the experts.

Forty-third members of the bid evaluation committee shall not have an interest in the bidder. The interests referred to include: being a close relative of the bidder or its agent; Having worked with the bidder within 5 years; Or have other social relations or economic interests.

The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.

Forty-fourth bid evaluation work is generally carried out according to the following procedures:

(1) The tenderer announces the list of members of the bid evaluation committee and determines the chairman;

(two) the tenderer announced the relevant discipline of bid evaluation;

(three) under the auspices of the presidium, according to the needs, through discussion to set up relevant professional groups and working groups;

(four) to listen to the introduction of the tender documents by the tenderer;

(five) organize the bid evaluation personnel to learn the bid evaluation standards and methods;

(six) after discussion by the bid evaluation committee, and with the consent of more than half of the members, put forward the problems that need to be clarified by the bidders, and deliver them to the bidders in written form;

(seven) for the problems that need to be clarified in writing, the bidder shall deliver them to the bid evaluation committee in writing;

(8) The bid evaluation committee shall review the bid documents according to the bid evaluation standards and methods determined in the bidding documents, and determine the recommendation order of the successful candidates;

(9) With the consent and signature of more than two thirds of the members of the bid assessment committee, the work report of the bid assessment committee shall be adopted and submitted to the tenderer. The attachments of the work report of the bid evaluation committee include the clarification letter of bid evaluation, relevant bid evaluation materials and suggestions, etc.

Forty-fifth tender documents in any of the following circumstances, the tenderer may refuse or consider it invalid:

(a) the seal of the tender documents does not meet the requirements of the tender documents;

(two) overdue delivery;

(3) The legal representative or authorized representative of the bidder fails to attend the bid opening meeting;

(four) failing to affix the official seal of the unit and the signature (or seal) of the legal representative (or its authorized person) as stipulated in the tender documents;

(5) The bidding documents stipulate that the name of the bidder shall not be indicated, but the bidding documents indicate the name of the bidder or have any marks that may reveal the name of the bidder;

(six) the key technical scheme, key time limit for a project, key engineering quality assurance measures and tender price cannot be confirmed because they are not written according to the requirements of the tender documents or are illegible;

(seven) failing to pay the bid bond in accordance with the provisions;

(eight) beyond the provisions of the tender documents, in violation of the relevant provisions of the state;

(nine) the bidder provides false information.

Article 46 If, after review, the bid evaluation committee considers that all bid documents are not in conformity with the requirements of the tender documents, it may reject all bids, and the tenderer shall reorganize the tender. For the units that have participated in this bidding, if they participate in the bidding again, they will no longer charge the bidding document fee.

Article 47 The bid evaluation committee shall conduct a secret bid evaluation, and shall not disclose the bid evaluation process, the recommendation of the successful candidate and other information related to the bid evaluation.

Article 48 In the process of bid evaluation, the bid evaluation committee may require bidders to make necessary written clarifications or explanations on ambiguous contents in the bid documents, but they shall not go beyond the scope of the bid documents or change the substantive contents of the bid documents.

Article 49 After evaluation, the bid evaluation committee recommends the candidate winning the bid from the qualified bidders.

Article 50 The bid of the winning bidder shall meet one of the following conditions:

(a) to meet the comprehensive evaluation criteria specified in the tender documents to the maximum extent;

(two) to meet the substantive requirements of the tender documents, and the evaluated bid price is reasonable and the lowest; Only the bid price is lower than the cost.

Article 51 A tenderer may authorize the bid evaluation committee to directly determine the winning bidder, or determine the winning bidder according to the written bid evaluation report put forward by the bid evaluation committee and the order of the recommended candidates for winning the bid. If the order of the winning bidders determined by the tenderer is inconsistent with the order of the winning bidders recommended by the bid evaluation committee, there shall be sufficient reasons, and it shall be reported to the water administrative department for the record according to the project management authority.

Article 52 Within 30 days from the date of issuance of the bid-winning notice, the tenderer and the winning bidder shall conclude a written contract in accordance with the bidding documents and the winning bidder's bidding documents, and the winning bidder shall submit a performance guarantee. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the tender documents.

Article 53 After determining the winning bidder, the tenderer shall submit a written report on the bidding situation to the water administrative department within 0.5 days according to the project management authority.

Article 54 If the determined winning bidder refuses to sign a contract, the tenderer may sign a contract with the determined alternative winning bidder and report it to the water administrative department for the record according to the project management authority.

Article 55 If the tender fails due to the tenderer's own reasons (including failure to sign the contract as scheduled), the tenderer shall submit a bid bond to the bidder double indemnity and return the bid bond at the same time. Fifty-sixth violations of laws and regulations in bidding activities shall be punished in accordance with the "Bidding Law of People's Republic of China (PRC)" and the relevant provisions of the State Council.

Fifty-seventh provinces, autonomous regions and municipalities directly under the central government may, in accordance with these regulations and in light of local conditions, formulate corresponding implementation measures.

Article 58 The Ministry of Water Resources shall be responsible for the interpretation of these Provisions.

Article 59 These Provisions shall come into force as of June 1 day, 2002. Regulations on Bidding Management of Water Conservancy Construction Projects (Shui Jian [1994] 130+April 2, 19951day, Shui Zheng Zi [65438])