Sui Jiao Yun Han [2019] No. 2435

Notification ofGuangzhou Municipal Transportation Bureau on Further Optimizing the Business Environment for General National and Provincial Highway Construction Project Tendering and Bidding

Guangzhou Road Maintenance Center, Guangzhou Public Resources Trading Center, and District-level Transportation Bureaus of Panyu District, Nansha District, Huangpu District, Huadu District, Conghua District and Zengcheng District, 

　　In order to further optimize the business environment, improve the tendering and bidding efficiency for general national and provincial highway construction project, and make the process time-saving and economic to participating companies, we hereby issue the notification on further optimizing general national and provincial highway construction project tendering and bidding as below:

　　I.Cancel the tendering document registration procedure required for the general national and provincial highway construction project. Instead, the tenderee will be responsible for the legality of the tendering documents, and the Guangzhou Municipal Transportation Bureau shall strengthen the in-bidding and post-bidding supervision. 

　　II.Electronic bidding will be introduced and promoted for the above projects. The tenderee shall release the tendering statement, tendering documents required (bidding evaluation criteria included), construction design drawings, etc. on the specified website. The bidder with the intention may download the documents directly from the website without being charged by either the tenderee or the commissioned bidding agency.

　　III.Eligibility of Bidderfor General National and Provincial Highway Construction Project

　　(I)Approved or reviewed project construction drawings and budget;

　　(II)Project fund in place.

　　IV.The bidding information of general national and provincial highway construction project shall be released on the websites of Guangzhou Public Resources Trading Center, Guangdong Province Bidding and Supervision Network, and China Tendering and Bidding Public Service Platform. The publicized information shall include project overview, eligibility requirements of applicant or bidder, eligibility review criteria, bidding evaluation criteria, template contract, contract-signing procedures, payment requirement and contact of tenderee, etc.

　　V. For general national and provincial highway construction project, a minimum of 20 days shall be reserved for bidders since the date of tendering statement release to the bidding document submission deadline. For simple small project which according to tendering document requires no technical review items like construction design drawing, service outline, etc. in its bidding document, and upon consent of all the potential bidders who have acquired tendering document, a minimum of 10 days shall be reserved for bidders since the date of release of tendering document to the submission deadline, and any clarification or revision on tendering document shall be made at least 5 days before the deadline.

　　VI. The tenderee shall not limit or exclude any potential bidder or bidder with unreasonable conditions; the tendering document shall require or indicate no appointment of supplier, or show no certain tendency or contain items that exclude any potential bidder; it shall include no items specified in the “(II) Corrections” in the Special Corrections Working Plan for Better Business Environment of Construction Project Tendering and Bidding (Fagaibanfagui [2019] No. 862).

　　VII.For any clarification or revision on items that may affect compilation of bidding document, the tenderee shall inform in writing all the potential bidders who have acquired tendering document at least 15 days before the bidding document submission deadline; in case of less than 15 days, the tenderee shall postpone the deadline.

　　VIII. The guaranteed deposit for bidding shall not be over 2% of the estimated cost of the bidding project and may be delivered in form of cash, cheque, bill of exchange, letter of credit, bank guarantee, insurance policy, or electronic letter of guarantee that can serve as means of guarantee. The tenderee shall return the deposit to the bidders other than the candidate winner within 5 days after the notification is issued, and shall return the deposit to the winner and other candidates within 5 days after signing the written contract with the winner.

　　IX. Where the bidder has the plan to sub-contract part of the project after winning the bidding according to sub-contracting clause in tendering document, it shall indicate such plan in its bidding document. Unless otherwise specified in laws, regulations or tendering document, the project or service that is not indicated as to be sub-contracted shall not be sub-contracted after winning the bidding.

　　X.The bid opening shall be made public at the same time with the bidding document submission according to the tendering document. The bid opening venue shall be the place prior determined in the tendering document.

　　XI. The tenderee shall reveal the candidate bidder list on the websites of Guangzhou Public Resources Trading Center and Guangdong Province Bidding and Supervision Network within 3 days after it receives the bidding evaluation report, and such publicity shall not last less than 3 business days. For the project that shall go through bidding as required by law, the winner’s name shall be stated in the bidding result. The tenderee shall not negotiate with the bidders in terms of bidding price, scheme and other substantial items before the winner is determined. The tenderee shall issue the notification to the winner within 7 days after it is determined, and send the result to other participating bidders.  

　　XII. The tenderee shall enter into written contract with the winner based on the tendering document and the bidding document submitted by the winner within 30 days after the result notification is sent. The major clauses regarding object, price, quality, security, deadline of performance and key personnel shall be consistent with the above said documents. The tenderee and the bidding winner shall not otherwise enter into any agreement that deviates from the nature of the contract.

　　XIII. Dispute Settlement

　　(I)In case of any dispute raised by potential bidder or other stakeholder regarding the tendering document, such dispute shall be raised at least 10 days before the bidding document submission deadline. The tenderee shall respond within 3 days upon receipt of the dispute, and shall suspend all the tendering and bidding before giving any response. In case that no response is given within the specified period, the bidding deadline shall be postponed.

　　(II) In case of any dispute raised by bidder regarding bid opening, it shall be raised on the spot. The tenderee shall give response immediately on the spot and keep record.

　　(III) In case of any dispute raised by bidder or other stakeholder regarding the bidding result, it shall be raised during the publicity period after the winner candidate is revealed. The tenderee shall respond within 3 days upon receipt of the dispute, and shall suspend all the tendering and bidding before giving any response.

　　XIV. Complaint Settlement

　　(I)The bidder or other stakeholder who believes that the tendering and bidding is not compliant with relevant laws or administrative regulations may complaint to the competent supervisory department within 10 days after it finds out or is supposed to find out the compliance problem. In case of any complaint raised against tendering document, bid opening procedure, bidding evaluation result revealing or other dispute-related items, such dispute shall be first raised to the tenderee. The complaint shall be made with clear request and necessary evidence materials.

　　(II) The complainant shall submit the letter of complaint that contains the followings:

　　1. The name, address and valid contact of the complainant;

　　2. The name, address and the valid contact of theperson who is complained against;

　　3. The basic facts of complaint;

　　4. The dispute raised and the response of tenderee;

　　5. The related request and claim;

　　6. The effective clue and related evidence.

　　(III) In case of any complaint against the item that shall be raised as dispute first, the evidence that such dispute has been raised shall be provided. Those that are not raised as dispute as required or those without evidence of dispute-raising, the Guangzhou Municipal Transportation Bureau may ignore the complaint.

　　XV. Administrative Review or Litigation Procedures

　　In case that the complainant is dissatisfied with the resolution made by theMunicipal Transportation Bureau, it may submit the complaint to Guangzhou Municipal People’s Government or the Department of Transportation of Guangdong Province for review within 60 days, or it may file a lawsuit to the People’s Court within 3 months upon receipt of the resolution.

　　It is hereby notified.

Guangzhou Municipal Transportation Bureau

December 13, 2019

(Contact: FU Changwei, Tel: 38180280)

Publicity:Proactive Release