In order to further standardize the bidding and tender management activities of government investment projects in Zhengzhou High-tech Zone, to achieve financial savings and efficiency, and to prevent the emergence of the use of power for personal gain, favoritism and fraud, based on the "Bidding and Tendering Law of the People's Republic of China", "Provisions on Projects that Must be Tendered" (Decree No. 16 of the National Development and Reform Commission), "Required Bidding for the Infrastructure and Public Utilities Project Scope Provisions" (National Development and Reform Commission Development and Reform Regulation [2018] No. 843) and "Zhengzhou Municipal Government Investment Project Management Regulations" and other relevant provisions, combined with the actual high-tech zone, specially formulated this approach.

Article 1  Supervisory and Management Organization

(1) Leadership and Responsibilities

Establishment of the governmental management committee of the high-tech zone management committee composed of the departments of development, finance and construction. The Leading Group of Bidding for Government Investment Projects (hereinafter referred to as the "Leading Group") of the Management Committee of Hi-tech Zone composed of development, finance, construction and other departments, as the decision-making body of bidding for government investment projects of the Management Committee of Hi-tech Zone, is responsible for the leadership and coordination of major matters of public resource transactions within the purview of the region, as well as the approval of matters related to bidding for government investment projects. Approval of matters related to bidding and tendering for engineering projects. Main duties of the leading group of bidding work:

1. Implementing the relevant provisions of national laws and regulations, and supervising all the personnel and behaviors involved in the bidding;

2. Approval of the selection of the bidding agent, bidding method, operating procedures of bidding activities and bidding implementation plan submitted by the bidder;

3. Finalization of the bidding notice, bidding documents, pre-qualification (if any) documents and relevant inspection plan (if any);

4. Left;">4. Approval of the bidding results determined by the bidder based on the recommendation of the bid evaluation committee;

5. Mediation of disputes in the bidding activities, to maintain the order of bidding transactions; 

6. ... to assist the discipline inspection and supervision departments to investigate and deal with disciplinary violations in the bidding activities;

7. Study to determine other matters relating to the bidding activities.

(2) working institutions and mechanisms

Working Leading Group set up an office to assume the region's government investment projects, public resources trading activities of integrated supervision, organization and coordination, guidance services, file collection and archiving functions. The office is located in the construction sector, responsible for the daily work of the work of the leading group.

The construction department is responsible for providing industry supervision in the transaction process, as well as the place, consulting, information dissemination and other related services.

Finance and construction departments are involved as supervisors.

Members of the units involved in the work of the leading group of daily meetings and other work, while as the respective lead responsible for the government investment project bidders to fulfill the duties of the bidders; members of the units need to make clear that a specific liaison to participate in the work of the leading group liaison work.

The work of the leading group to establish a regular meeting system, the principle of convening once a month, the study of the bidder to submit tenders, while determining the next regular meeting to study the matter. Bidders in the government project annual investment plan issued, the development of the overall annual bidding work plan, and in accordance with the process of reporting the specifics, reported to the work of the leading group of regular meetings for approval; bidders should be in accordance with the annual bidding plan to arrange for the bidding work of each project. Work leading group office is responsible for meeting records, minutes, documents issued.

(C) regulatory agencies

Work leading group of government investment projects bidding implementation of the whole process of supervision, management committee of the financial, construction and other departments in accordance with their respective division of responsibilities, to participate in which work.

The financial sector is responsible for bidding projects bidding control price validation and other work; construction departments as the construction administrative department to exercise construction administrative supervision functions; discipline inspection and supervision organs to exercise discipline, integrity and other supervisory functions, to participate in the bidding of the relevant personnel to supervise the performance of their duties.

Article II  Scope, standards and transaction methods of government investment projects

(a) The scope of government investment projects. The government investment projects referred to in these measures, refers to the use of financial funds at this level, the provincial and municipal governments to allocate financial funds, government financing funds for the following fixed asset investment construction projects (hereinafter referred to as construction projects):

1. organs, people's organizations, office and business premises and training and education premises;

4. Non-operational urban construction, transportation, environmental protection, water conservancy, agriculture, forestry and other infrastructure projects;

5. Other non-operational public utility projects.

(ii) Approval of construction projects. Relevant departments based on national economic and social development planning, special planning and construction needs, the need for government investment in construction projects, reported to the Management Committee for approval, included in the government investment project reserve, according to the progress of the project advancement, into the annual government investment plan, based on the relevant working methods to the work of the leading group to propose bidding for the implementation of the program. In principle, the construction project must complete the land, planning and project and other necessary conditions, in order to draw up the bidding implementation program, reported to the work of the leading group on the approval of the meeting.

(C) the basic provisions of the construction project bidding methods. Any organization or individual shall not authorize the government investment projects that must be tendered according to law do not bidding or policy to avoid bidding under false pretenses, irregularities to take the invitation to tender or false bidding; where the government investment projects that must be tendered, shall not be replaced by other means of bidding.

(d) the principle of transaction of construction projects. Where the government investment projects must be tendered, bidding and tendering activities to follow the principles of openness, fairness, justice and honesty and credit, unified into the Zhengzhou City Public Resources Trading Center platform for trading.

Article 3  Government investment projects bidding scope, mode and form

(a) must be bidding project regulations. According to the relevant provisions of the state tender management, belong to the scope of the project, its survey, design, construction, supervision, as well as the procurement of important equipment and materials related to the construction of the project to meet one of the following criteria, must be tendered:

1. Construction of a single contract estimated price of more than 4 million yuan;

2. Procurement of important equipment, materials and other goods, the estimated value of a single contract is more than 2 million yuan;

3. Procurement of services such as survey, design, supervision, the estimated value of a single contract is more than 1 million yuan.

In the same project can be combined survey, design, construction, supervision, as well as important equipment and materials related to the construction of the procurement, the total estimated contract price reaches the standards set out in the preceding paragraph, must be bid.

(B) the invitation to tender project provisions. Public tendering project in one of the following circumstances, approved by the work of the leading group, can be invited to tender:

1. Because of the technical complexity of the project or special requirements, only a small number of potential bidders to choose from;

2. Special requirements for the protection of proprietary technology and patent rights;

3. Restrictions on natural resources or the environment;

4. Adoption of the public bidding method does not comply with the requirements of economy;

5. Laws and regulations provide that other inappropriate public tender.

(C) allowed not to bidding project regulations. Bidding projects in one of the following circumstances, the work of the leading group approval, may not be tendered:

1. Relating to national security or special confidentiality requirements;

2. disaster relief;

3. The use of poverty alleviation funds to implement food for work, the need to use migrant workers;

4. The survey and design of the construction project to use a specific patented or proprietary technology, or its architectural art modeling has special requirements;

5. Less than three potential bidders, can not form an effective competition.

(d) the bidding organization can be used in the form of self-tendering or commissioned bidding. Bidders have the ability to tender on their own, you can tender; bidders do not have the ability to tender on their own, should be entrusted with the investment project bidding agency qualifications of the agency to carry out bidding.

(E) other provisions. If there is a need to adopt a bidding method inconsistent with the provisions, shall be submitted to the bidding work leading group approval.

Article IV  Determination of Bidders

Each internal organization may act as a bidder for the procurement of surveying, design, construction, supervision, and important equipment and materials related to the construction of the construction project, and may conduct direct Relevant bidding or commissioned by the agency to carry out the bidding; into the emergency rescue project projects by the emergency management department in accordance with relevant laws and regulations; can also be in accordance with the system of construction (see the relevant provisions of the management committee of the construction project on behalf of the construction system) by the construction unit for the construction of units as a bidder to carry out the bidding, and the construction of the government investment project construction of the implementation of the whole process of construction management.

Article V  Bidding procedures

(a) the preparation of bidding programs. Bidding method, bidding organization and scoring methods and other major elements of the preparation of the bidding program, reported to the work of the leading group for approval and implementation. Bidding activities should be carried out in accordance with the approved bidding implementation program organization, program changes are subject to re-approval by the original approval of the department; key construction projects need to be reported to the Management Committee agreed that the bidding documents should be in accordance with the relevant provisions of the state contains the relevant content, shall not be omitted and contrary to the state, provinces and municipalities, and other relevant laws and regulations.

(ii) issue a tender notice. Take the project of public bidding, the bidder through the government prescribed media and bidding trading platform, issued a tender notice.

(c) Preparation of tender documents. The bidder prepares the bidding documents according to the characteristics and needs of the construction project. Project bidders in the preparation of tender documents before according to the attributes of the construction project, respectively, to seek the views of the construction project corresponding to the management committee within the agency responsible for the unit and commissioned on behalf of the construction of the investment agency (investment company), to meet the project as its attributes should be required to achieve the requirements of the economic and social benefits and other aspects. After the bidder prepares the bill of quantities and control price for bidding or entrusts the agent to prepare the bill of quantities and control price, it must be submitted to the financial department for review. The bill of quantities, bidding control price and bidding documents after the completion of the preparation of the work submitted to the leading group for approval and meeting to study and determine the formation of the relevant minutes of the meeting. The main contents of the tender documents:

1.

2. Instructions to Bidders and Preliminary Schedule.

3. Bid evaluation method.

4. Contract Form and Terms.

5. Bill of quantities and instructions for preparation.

6. Construction drawings.

7. Technical standards and requirements.

8. Bidding document format.

9. Clarifications and modifications made to the tender documents, and other components of the tender documents.

The bill of quantities, tender control price can be provided 10 days before the deadline for bidding.

(iv) Bidding qualification examination. Construction projects require qualification review, may be pre-qualified in accordance with state regulations, if necessary, the bidding unit to visit.

(v) Bidding and tendering activities are carried out in accordance with the following procedures:

1. Preparation of bidding documents or pre-qualification documents;

2. Bidding announcement or pre-qualification announcement for review;

3. Publication of the bidding announcement, pre-qualification announcement or invitation to tender;

4. Need for pre-qualification, the review to determine the shortlisted bidders;

5. Issuance of bidding documents, drawings, Q&A and other relevant information;

6. Organization (if necessary) of the potential bidders to set foot on site;

7. Bidders to submit tender documents;

8. Formation of the bid evaluation committee;

9. Bid opening, evaluation and finalization of bids;

10. Result announcement;

11. Determination of the winning bidder, send a notice of award;

12. Signing of the written contract.

(vi) Termination of the tender provisions. The bidder shall not terminate the tender after issuing the tender notice, invitation to tender, negotiation notice, inquiry notice or selling the tender documents or pre-qualification documents. Due to force majeure and other factors to terminate the bidding, the bidder shall report to the work of the leading group for approval and meeting to determine the formation of the relevant minutes; at the same time, timely written notice to all potential bidders, and in accordance with the provisions of the return of the bid deposit, the relevant costs and interest on deposits over the same period of time at the bank.

(VII) the bidding documents for the record provisions. The project must be bidding according to law, the bidder in the bidding documents issued five working days before the bidding documents shall be reported to the relevant administrative supervision department for the record.

(viii) The whole process of bidding, tendering, bid evaluation and finalization is strictly in accordance with the relevant state laws and regulations, and at the same time, strictly in accordance with the relevant provisions of the industry.

The bidder shall comply with the relevant provisions of the Bidding Law for the division of bidding projects, and shall not use the division of bidding to restrict or exclude potential bidders. The bidder shall not use the bidding project must be bidding to avoid bidding. Where a construction bidding project requires the division of bidding sections and the determination of the duration of the project, the bidder shall reasonably divide the bidding sections and determine the duration of the project, and shall set out the same in the bidding documents. The unit works which are technically closely connected and inseparable shall not be divided into bidding sections. The bidder shall not restrict or exclude potential bidders or bidders with unreasonable bidding sections or duration.

Projects that must be tendered according to law after two bidding failures, can no longer bidding, reported to the competent administrative department of construction for the record can be changed to competitive negotiation or competitive negotiation mode, or the bidder to determine their own.

The bidder will report the results of the winning bid to the leading group for approval.

(ix) Information filing. The project bidder is responsible for the project bidding information filing, to ensure that the bidding file information timely and complete filing. Specific list is as follows:

1. Bidding information filing list: project documents, bidding program and related bidding program approval documents, bidding announcements and bidder registration information, inspection reports on the bidders (if any), bidding documents and countersigning sheets, bid evaluation information, bidding reports and notices of award.

2. Filing of bidding information. Bidding documents of all bidders and their attachments.

3. Other bidding information to be filed.

4. Higher authorities on the construction project bidding information filing special requirements, should be managed in accordance with the requirements.

Article VI  Supervision and management

(a) Finance, construction and other departments should strictly fulfill the administrative supervision function as the supervisor.

Construction administrative departments in accordance with the law on the supervision of bidding and tendering activities, investigate and deal with bidding and tendering activities in violation of the law, and at the same time reported to the work of the Leading Group.

Discipline Inspection and Supervision authorities in accordance with the law on the bidding activities of public officials to implement the monitoring, seriously investigate and deal with the leading cadres, state staff, involved in bidding activities of the construction authorities or the relevant functional departments of the staff of malfeasance in the bidding activities, corrupt behavior. Constitutes discipline, according to regulations; suspected of crime, transferred to the judicial authorities according to law.

(2) the ongoing bidding activities in one of the following circumstances, the competent administrative department of construction may suspend or terminate the bidding activities or declare the bidding invalid, while submitting the work to the leading group:

1. Violation of the bidding Violation of bidding laws, regulations, procedures and rules and other relevant provisions, you can suspend or terminate the bidding activities;

2. Receive a valid complaint against the bidding activities, you can suspend the bidding activities. Serious disputes and verify the validity of the bidding activities can be declared null and void;

3. Violation of the principles of openness, fairness, impartiality or honesty and credit, the bidding activities can be terminated. Particularly serious can be declared null and void bidding and tendering activities;

4. Other circumstances prescribed by laws and regulations.

(c) bidding activities in violation of the law, violations, the competent administrative department of construction can make the following decisions, involving administrative penalties and administrative law enforcement bureau to deal with, involving violations, violations of the law and the transfer of the same time to the disciplinary organs and judicial organs to deal with according to law:

1. There is a violation of the "Bidding and Tendering Law", the competent administrative department of construction shall be punished in accordance with the provisions of the "Bidding and Tendering Law";

2. There is the "Bidding and Tendering Law" invalidated the winning situation, the competent administrative department of construction announced The winning bid is invalid, and ordered to re-organize the bidding, and investigate the responsibility of the responsible person according to law;

3. Should bidding is not bidding, should be open bidding is not open bidding, or the policy of circumventing the bidding under the guise of the construction of the competent administrative department should be instructed to make corrections, and refused to make corrections, the original approval authority was instructed to suspend the project for approval and shall not issue the relevant permit documents;

4. According to the law should be carried out without approval of public bidding by inviting tenders or other means, the competent administrative department for construction shall suspend the project bidding, and ordered to make corrections, and refused to make corrections, and ordered the original approving authority to suspend the approval of the project, and shall not be issued the relevant licensing documents;

5. Bidders do not have the conditions to handle their own bidding and bidding on their own, the competent administrative department of construction should be ordered to make corrections and impose a fine of less than 10,000 yuan;

6. Bidding agency to undertake the project does not have the conditions of the bidding Project and agency, or not in accordance with the project should have the conditions and violations of agency, recorded in the bad credit management; administrative supervision department may, depending on the severity of the case, be given a notice of criticism, restriction of participation in the department, the regional qualification of bidding agency;

7. Survey, design, construction, supervision and other units in the participation in the bidding process If any violation of industry management regulations is found in the bidding process, the competent department of the industry shall order rectification, notify the result to the relevant departments at the higher level, and link the result with the construction of corporate integrity;

8. If the composition of the bid evaluation committee is not in accordance with the provisions of the laws and regulations, the competent department of the construction administration shall order the bidders to re-organize the bid evaluation committee;

9. The bidder did not submit a written report to the competent administrative department of construction bidding, the competent administrative department of construction shall order correction.

(d) Bidders and other interested parties that the bidding activities do not comply with the provisions of these Measures, the right to submit objections to the bidder, or to the competent authorities of the industry, the administrative supervision department and the leading group of the work of the complaint in accordance with the law.

Article VII  Post-bid management

Post-bid management is an important part of government investment in construction projects, to strengthen the supervision of post-bid performance of government investment construction projects. Development, construction, finance, audit and other competent departments of various industries should play their respective roles, in accordance with the relevant management methods to strengthen the tracking and management of construction projects; work leading group to joint development, construction, finance and other departments of the identified provincial and municipal key projects of the progress of the project tracking and supervision. Bidders (construction units) in accordance with the high-tech zone government investment construction projects related to management methods to strengthen the management of engineering changes, visa processing and other work.

Article VIII  Appendix

(a) These measures are not provided, other relevant laws and regulations on bidding management or government investment project bidding management has specific provisions, from its provisions; late this approach Based on the relevant laws and regulations have been revised or updated, these measures from its latest provisions.

(b) The Leading Group of the work on the interpretation of this approach.

(c) These Measures shall come into force on the date of issuance.