(1998 65438+February 2 1 Order of Anhui Provincial People's Government1According to the Decision of Anhui Provincial People's Government on Amending the Measures for the Implementation of Urban Land Use Tax in Anhui Province on March 2, 2002, the first amendment was made with 20. The second revision is based on the Decision of Anhui Provincial People's Government on Amending Some Rules (20 17 12 1).

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and other relevant laws and regulations in order to strengthen the management of bidding for construction projects, maintain the order of the construction market and safeguard the legitimate rights and interests of all parties involved in bidding for construction projects.

Article 2 The term "construction projects" as mentioned in these Measures refers to housing construction and municipal infrastructure projects.

These Measures shall apply to the general contracting, survey, design, construction and supervision of construction projects within the administrative area of this province, as well as the procurement and bidding activities of important equipment and materials related to engineering construction.

Article 3 The specific scope and scale standards of construction projects that must be subject to tender according to law shall be implemented in accordance with relevant state regulations.

Article 4 Bidding for construction projects shall follow the principles of openness, fairness, impartiality, honesty and credibility.

Local people's governments at all levels and their relevant departments shall not abuse their administrative power to restrict the tenderee from contracting out construction projects that must be subject to tender to designated contractors.

Fifth provincial people's government housing and urban and rural construction administrative departments to supervise and manage the bidding activities of construction projects within the administrative area of this province.

The administrative department of housing and urban and rural construction of the people's government of the city or county or the department determined by the people's government of the city or county according to law (hereinafter referred to as the supervision and administration department of construction project bidding) shall be responsible for the supervision and administration of construction project bidding activities within their respective administrative areas.

Article 6 The supervision and management department of construction project bidding should improve the supervision mechanism of administrative law enforcement, strengthen the supervision and management of construction project bidding activities, and investigate and deal with acts that disrupt market order such as collusion, fraud, subcontracting and illegal subcontracting in bidding activities according to law.

Establish and improve the linkage mechanism between administrative law enforcement and criminal justice, and inform the public security and other relevant organs in a timely manner if suspected criminal clues are found in law enforcement supervision.

Chapter II Bidding

Seventh construction project bidding should take the form of public bidding or invitation to bid.

Construction projects that must be tendered according to law should be included in the public resource trading platform and electronic bidding should be implemented.

Article 8 A tenderer may organize bidding by himself or entrust an agency engaged in bidding agency business of construction projects to bid.

Article 9 For a construction project that must be subject to tender according to law, if the tenderee organizes the tender by himself, it shall meet the conditions stipulated by the state, and shall file with the supervision and administration department of construction project tendering and bidding at the place where the project is located seven days before the tender announcement or invitation letter is issued, and submit the following materials:

(a) the approval documents for the examination and approval procedures in accordance with the relevant provisions of the state;

(2) Relevant materials proving that it has the ability to prepare bidding documents and organize bid evaluation;

(three) other materials as prescribed by laws, regulations and rules.

Article 10 The tender documents shall include all substantive requirements and conditions such as the technical requirements of the project subject to tender, the standards for qualification examination of bidders, the requirements for bid quotation and evaluation criteria, and the main terms of the contract to be signed.

The bidding documents shall not require or indicate specific producers and suppliers, and shall not contain contents that tend to or exclude potential bidders, and hinder or restrict fair competition among bidders; The form of ownership, the place where the enterprise is registered, the excessively high level of qualification requirements, the performance in a specific area and the award-winning shall not be used as the bidding conditions.

The bidding documents of government investment projects shall not require the winning construction unit to provide construction funds.

Article 11 Where a construction project involves the scope of partial projects with greater risks, the tenderee shall list the projects with greater risks in the construction bidding documents, and require the bidders to supplement and improve the list of projects with greater risks when bidding, and specify the corresponding safety management measures.

Article 12 Where a tenderer makes necessary clarifications or amendments to the issued tender documents, it shall notify all recipients of the tender documents in writing at least 05 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.

Thirteenth the tenderer may decide whether to prepare the pre-tender estimate according to the characteristics of the project.

The pre-tender estimate of a construction project shall be kept confidential in the preparation process; Before the bid opening, it shall be sealed and kept, and no one shall disclose it.

When the pre-tender estimate of a construction project invested by financial funds exceeds the budgetary estimate of the construction project, the tenderee shall report to the relevant departments for approval in accordance with the authority of capital construction management.

When inviting bids for construction projects using state-owned funds, the tenderee shall set and publish the maximum bid price limit.

Article 14 A tenderer may contract out the survey, design and construction of a construction project to the general contractor or to a contractor. However, a construction project that should be completed by one contractor shall not be divided into several parts and contracted out to several contractors.

Fifteenth government-invested construction projects with clear content and mature technical scheme should give priority to general contracting bidding. Other state-owned capital investment projects shall be subject to general contracting bidding.

Except for projects that are included in the scope of general contracting and must be subject to tender in the form of temporary evaluation according to law, the general contracting unit of the project may directly contract other professional projects covered in the general contracting contract.

Sixteenth construction project design bidding can adopt design scheme bidding or design team bidding, and the tenderer can choose according to the project characteristics and actual needs.

Seventeenth bidders and their staff shall not accept bribes, kickbacks or ask for other benefits in the construction project bidding.

Chapter III Bidding

Eighteenth survey, design, construction and supervision units established according to law can participate in the bidding of construction projects that are suitable for the scope of their qualification grades.

Nineteenth bidders should have the ability to undertake the project subject to tender. If the state has provisions on the qualifications of bidders or the tender documents have provisions on the qualifications of bidders, bidders shall meet the prescribed qualifications.

Article 20 A bidder shall prepare his bid documents in accordance with the requirements of the tender documents. The bidding documents shall respond to the substantive requirements and conditions put forward in the bidding documents.

If the bidder needs to correct or supplement the submitted bidding documents, it shall submit formal correction and supplement documents to the tenderer before the deadline for bidding.

Article 21 If a bidder needs to subcontract some construction projects to other units with corresponding qualifications, it shall indicate the project to be subcontracted and the way to determine the subcontracting unit and other related contents in the bidding documents.

Twenty-second the tender documents require bidders to submit a bid bond, the bidder shall pay the bid bond to the tenderer in accordance with the provisions of the state. The validity period of the bid bond shall be consistent with the validity period of the bid.

In addition to cash, the bid bond can be a letter of guarantee issued by a bank, a confirmed check, a bank draft or a cash check, and an electronic letter of guarantee is implemented.

The tenderer shall, within 5 days after signing the written contract at the latest, return the bid bond and the interest on the bank deposit for the same period to the winning bidder and the unsuccessful bidder.

Twenty-third more than two legal persons or other organizations may form a consortium to jointly bid as a bidder. If the parties to a consortium bid separately in their own names or participate in the bidding of other consortia in the same bidding project, the relevant bidding is invalid.

Encourage construction enterprises to participate in major projects by way of consortium bidding.

Twenty-fourth bidders and their staff shall not use improper means such as bribing the tenderer and their staff, providing kickbacks or giving other benefits to undertake the project.

Article 25 A procuratorial agency shall engage in agency activities within the scope entrusted by the tenderer, abide by the provisions of bidding laws and regulations, and shall not commit any of the following acts:

(a) in collusion with the tenderer or bidder;

(two) accepting bribes, providing kickbacks or giving other illegitimate interests to undertake the bidding agency business;

(3) divulging confidential information and materials related to bidding activities;

(four) unauthorized modification, forgery, alteration, concealment of bidding documents, qualification documents, bidding documents, qualification application documents, bid winning notice and other documents.

Chapter IV Bid Opening, Bid Evaluation and Bid Selection

Twenty-sixth the bid opening, bid evaluation and calibration of construction project bidding shall be organized and implemented by the tenderer according to law, and shall be supervised by the supervision and administration department of construction project bidding.

Article 27 A tenderer shall open bids at the time and place specified in the tender documents. If there is a pre-tender estimate, it shall be published.

Electronic bid opening shall be conducted in public on the electronic bidding trading platform according to the time specified in the bidding documents, and all bidders shall attend the online bid opening on time.

Article 28 A tenderer shall take necessary measures to ensure that bid evaluation is conducted in strict confidentiality.

Article 29 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation.

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

For a project subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and relevant technical and economic experts, with an odd number of more than five members, of which the technical and economic experts shall not be less than two thirds of the total number of members.

The personnel of the competent department of construction project bidding or the supervision and administration department of construction project bidding and the personnel who have an interest in the bidder shall not participate in the bid evaluation committee or bid evaluation activities.

Article 30 The bid evaluation committee shall follow the principles of fairness, impartiality, scientificity and merit-based, and systematically evaluate and compare the bid documents according to the bid evaluation standards and methods specified in the tender documents. If there is a pre-tender estimate, it shall be referred to. After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid.

Article 31 A tenderer shall determine the winning bidder according to the written bid evaluation report put forward by the bid evaluation committee and the recommended candidates for winning the bid. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder.

Article 32 A tenderer shall issue a bid-winning notice within 7 days after determining the winning bidder, and notify all unsuccessful bidders at the same time.

For a project that must be subject to tender according to law, the tenderer shall submit a written report on the bidding situation to the supervision and management department of construction project bidding within 05 days from the date of determining the winning bidder. Electronic bidding can submit reports in the form of electronic signature and filing.

Article 33 The tenderer and the winning bidder shall sign a written contract in accordance with the provisions of laws and administrative regulations on tendering and bidding within 30 days from the date of issuance of the bid-winning notice. The main terms of the contract, such as the subject matter, price, quality and performance period, shall be consistent with the contents of the tender documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.

Article 34 After the letter of acceptance is issued, if the winning bidder fails to conclude a contract with the tenderer without justifiable reasons, puts forward additional conditions to the tenderer when signing the contract, or fails to submit the performance bond according to the requirements of the tender documents, his bid winning qualification will be cancelled and the bid bond will not be returned.

Article 35 If the bidder's quotation is abnormally low, which may affect the performance of the contract, the bid evaluation committee shall require the bidder to clarify or explain it in writing within a reasonable period of time, and provide necessary supporting materials. If the bidder cannot explain the rationality of its quotation, the bid evaluation committee shall handle it according to law.

The reference standard for winning the bid at an abnormally low price shall be determined and published by the provincial administrative department of housing and urban and rural construction. Unless otherwise stipulated by the state.

Article 36 If the tendering and bidding activities of a construction project that must be subject to tender according to law violate the provisions of the tendering and bidding laws and administrative regulations and have a substantial impact on the bid-winning result, and remedial measures cannot be taken to correct it, the tendering and bidding and the bid-winning shall be invalid, and a new tender or bid evaluation shall be conducted according to law.

Article 37 It is forbidden for the winning bidder to subcontract all the construction projects it contracted to others or dismember them and then subcontract them to others in the name of subcontracting.

It is forbidden for the general contractor who wins the bid to subcontract the construction project to units that do not have the corresponding qualifications. Subcontractors are prohibited from subcontracting contracted construction projects.

Chapter V Supervision and Administration

Article 38 If bidders, potential bidders or other interested parties think that the bidding activities are not in conformity with the provisions of laws, regulations and rules, they may complain to the supervision and administration department of construction project bidding within 10 days from the date when they know or should know. Complaints should have clear requirements and necessary supporting materials.

Bidders or potential bidders or other interested parties who have objections to the prequalification documents, bidding documents, bid opening and bid evaluation results shall first raise objections to the tenderee, and the time limit for answering objections shall not be counted in the time limit specified in the preceding paragraph.

Thirty-ninth construction project bidding supervision and management departments should take the form of online supervision, "double random, double open" spot check, special supervision and so on. And supervise and manage the bidding activities of construction projects according to law.

Fortieth construction project bidding supervision and management departments should strengthen the supervision of bid evaluation activities of bid evaluation experts, and deal with those who fail to pass the bid evaluation or other illegal acts according to regulations.

Forty-first construction project bidding supervision and management departments should strengthen the construction of bidding market credit system, establish bidding credit management mechanism, and connect with public resources trading supervision platform to realize information sharing.

Forty-second construction project bidding supervision and management departments should establish and improve the linkage mechanism between the construction project bidding market and the performance site.

The tenderer shall use the credit evaluation and administrative punishment results of the bidder's performance in the bidding activities.

Forty-third in violation of the provisions of these measures, laws and regulations have been punished, from its provisions.

Violation of the prohibitive provisions of Article 14, Article 17, Article 24, Article 25 and Article 37 of these Measures, collusion in bidding, fraud, subcontracting, illegal subcontracting, etc. In the tendering and bidding activities, the supervision and management department of construction project tendering and bidding shall order the relevant parties to make rectification and severely punish them according to law; If the illegal acts stipulated by laws and administrative regulations affect the result of winning the bid, the bid will be invalid.

Chapter VI Supplementary Provisions

Article 44 These Measures shall come into force on March 1 day, 20265438.

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