The Ministry of housing and urban rural development of the people’s Republic of China Order No
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89 (issued by the Ministry of housing and urban rural development order No
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89 on June 1, 2001, amended by the Ministry of housing and urban rural development order No
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43 on September 28, 2018, and amended again by the Ministry of construction order No
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47 on February 15, 2019) The decision of the Ministry of housing and urban rural development of the people’s Republic of China on measures for the administration of bidding and tendering for construction of infrastructure projects, which was deliberated and adopted at the 4th executive meeting of the Ministry of housing and urban rural development on September 19, 2018, is hereby promulgated and shall go into effect as of the date of promulgation
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The decision of the Ministry of housing and urban rural development on Amending Some departmental rules, which was deliberated and adopted at the 6th executive meeting of the Ministry of housing and urban rural development on February 15, 2019, is hereby promulgated and shall come into force as of the date of promulgation
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March 13, 2019
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Wang Menghui, Minister of the Ministry of housing and urban rural development, Chapter I General Provisions Article 1 These measures are formulated in accordance with the construction law of the people’s Republic of China, the bidding law of the people’s Republic of China and other laws and administrative regulations in order to regulate the bidding activities of housing construction and municipal infrastructure projects and safeguard the legitimate rights and interests of the parties involved in the bidding
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Article 2 These Measures shall apply to the construction bidding activities of housing construction and municipal infrastructure projects (hereinafter referred to as projects) that must be subject to bidding according to law
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The housing construction projects mentioned in these Measures refer to all kinds of housing construction and its ancillary facilities, as well as its supporting lines, pipelines, equipment installation projects and indoor and outdoor decoration projects
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The municipal infrastructure projects mentioned in these Measures refer to the civil engineering, pipeline and equipment installation projects of urban roads, public transportation, water supply, drainage, gas, heat, garden, sanitation, sewage treatment, garbage treatment, flood control, underground public facilities and ancillary facilities
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Article 3 the Department of construction administration under the State Council shall be responsible for the supervision and administration of bidding activities for construction projects throughout the country
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The construction administrative department of the local people’s government at or above the county level shall be responsible for the supervision and administration of the bidding activities of engineering construction within its administrative region
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The specific supervision and management work can be entrusted to the supervision and management organization of project bidding
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Article 4 No unit or individual may, in violation of the provisions of laws and administrative regulations, restrict or exclude legal persons or other organizations outside the region or system from participating in bidding, and may not illegally interfere in construction bidding activities in any way
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Article 5 construction bidding activities and the parties concerned shall be subject to supervision according to law
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The construction administrative department shall supervise the construction bidding activities in accordance with the law, and investigate and deal with the illegal acts in the construction bidding activities
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Chapter II bidding Article 6 bidding for project construction shall be organized and implemented by the bid inviting party according to law
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The bid inviting party shall not restrict or exclude potential bidders with unreasonable conditions, shall not discriminate against potential bidders, and shall not put forward too high qualification level requirements and other requirements for potential bidders that are inconsistent with the actual requirements of the bidding project
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Article 7 a project construction bidding shall meet the following conditions: (1) if it is necessary to go through the project examination and approval procedures in accordance with the relevant provisions of the state, the examination and approval procedures have been completed; (2) the project funds or the sources of funds have been implemented; (3) there are design documents and other technical data that meet the requirements of construction bidding; (4) other conditions stipulated by laws, regulations and rules
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Article 8 bidding for project construction is divided into open bidding and invitation bidding
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For projects that must be subject to construction bidding according to law, if all state-owned funds are used for investment or the state-owned funds occupy a controlling or dominant position, public bidding shall be conducted, except for key construction projects that can be subject to invitation bidding with the approval of the State Planning Commission or the people’s Government of a province, autonomous region or municipality directly under the central government according to law; invitation bidding may be conducted for other projects
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Article 9 under any of the following circumstances, construction bidding may not be carried out with the approval of the construction administrative department of the local people’s government at or above the county level: (1) the unit project resumed after the suspension or postponement of construction, and the contractor has not changed; (2) the project built by the construction enterprise for its own use, and the qualification level of the construction enterprise meets the requirements of the project; (3) the project under construction (4) other circumstances stipulated by laws, regulations and rules
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Article 10 for a project that must be subject to construction bidding according to law, if the bid inviting party handles construction bidding matters on its own, it shall have the ability to prepare bidding documents and organize bid evaluation: (1) it shall have a special organization for construction bidding; (2) it shall have engineering skills that are suitable for the scale and complexity of the project, have experience in bidding for similar projects, and be familiar with relevant laws and regulations on construction bidding Technical, budget and engineering management professionals
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If the above conditions are not met, the bid inviting party shall entrust a project bidding agency to bid for construction
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Article 11 If a bid inviting party conducts construction bidding on its own, it shall, five days before issuing the bidding announcement or invitation for bid, file with the construction administrative department of the local people’s government at or above the county level in the place where the project is located, and submit the following materials: (1) various approval documents for going through the examination and approval procedures in accordance with the relevant provisions of the state; (2) certification of the conditions listed in Article 10 of these measures Clear materials, including the list of professional and technical personnel, professional title certificate or practice qualification certificate and the supporting materials of their work experience; (3) other materials prescribed by laws, regulations and rules
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If the bid inviting party is not qualified to handle the construction bidding matters on its own, the construction administrative department shall order the bid inviting party to stop handling the construction bidding matters on its own within 5 days from the date of receiving the filing materials
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Article 12 projects that are invested entirely with state-owned funds or in which state-owned funds occupy a controlling or dominant position and must be subject to construction bidding according to law shall enter the tangible construction market for bidding activities
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The relevant administrative organs of the government may go through the relevant procedures in the tangible construction market and supervise them according to law
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Article 13 for a project subject to public bidding for construction according to law, the bidding announcement shall be published on the newspapers, information networks or other media designated by the state or the local authorities, and at the same time, the bidding announcement shall be published on the China Engineering Construction and construction information network
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The tender announcement shall specify the name and address of the tenderer, the nature, scale and location of the project subject to tender, and the method for obtaining the tender documents
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Article 14 If a bid inviting party adopts the method of inviting bids, it shall issue invitation for bids to more than three qualified construction enterprises
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The invitation for bid shall specify the items specified in the second paragraph of Article 13 of these measures
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Article 15 a bid inviting party may, according to the needs of a project subject to bidding, prequalify the applicants for bidding, or entrust a project bidding agency to prequalify the applicants for bidding
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For a project subject to pre qualification, the bid inviting party shall specify the conditions for pre qualification and the method for obtaining the pre qualification documents in the bidding announcement or invitation for bid
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Generally, the prequalification documents shall include the format of Prequalification application, the instructions to applicants, the enterprise qualification, performance, technical equipment, financial status, and the resume and performance of the project manager and main technical personnel to be dispatched
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Article 16 after prequalification, the bid inviting party shall issue a notice of Prequalification to the applicants who have passed the prequalification, inform them of the time, place and method of obtaining the bidding documents, and at the same time inform the applicants who have failed the prequalification of the results of prequalification
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When there are too many prequalified applicants, the bid inviting party may select at least seven prequalified applicants
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Article 17 a bid inviting party shall, according to the characteristics and needs of a project subject to bid invitation, prepare the bidding documents on its own or by entrusting a project bidding agency.
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