Measures for the Administration of Bidding for the Design of Construction Projects (2017)

Measures for the Administration of Bidding for the Design of Construction Projects (2017) Order of the Ministry of Housing and Urban-Rural Development (No. 33) The Measures for the Administration of Bidding for the Design of Construction Projects , as deliberated and adopted at the 32nd executive meeting of the Ministry of Housing and Urban-Rural Development, is hereby issued and shall come into force on May 1, 2017. Minister of Housing and Urban-Rural Development: Chen Zhenggao January 24, 2017 Measures for the Administration of Bidding for the Design of Construction Projects Article 1 For the purposes of standardizing the design market of construction projects, improving the level of design of construction projects, promoting fair competition, and booming up architectural creation, these Measures are developed in accordance with the Construction Law of the People's Republic of China , the Bidding Law of the People's Republic of China , the Regulation on the Administration of Survey and Design of Construction Projects , the Regulation on the Implementation of the Bidding Law of the People's Republic of China and other laws and regulations. Article 2 The bidding activities for the design of various housing construction projects for which bidding is required shall be governed by these Measures. Article 3 The competent department of housing and urban-rural development under the State Council shall supervise the bidding activities for the design of construction projects across the country according to law. The competent departments of housing and urban-rural development of the local people's governments at or above the county level shall supervise the bidding activities relating to the design of construction projects within their respective administrative regions and investigate the violations of laws and regulations in the bidding activities and punish the violators according to law. Article 4 The scope and scale standards of bid invitation for the design of construction projects shall be governed by the relevant provisions of the state. Bid invitation is not required under any of the following circumstances: (1) An irreplaceable patent or proprietary technology is adopted. (2) There are special requirements for the art of architectural modeling and relevant competent department has granted approval thereto. (3) The construction entity may legally conduct design on its own. (4) The reconstruction, expansion or technological transformation of a construction project shall be designed by the original design entity, otherwise, it will affect the supporting functional requirements. (5) Other special circumstances as prescribed by the state. Article 5 Public bidding or invited bidding shall be legally conducted for a bid invitation for the design of a construction project. Article 6 Bid invitation for the design scheme or bid invitation for the design team may be conducted for the bidding for the design of a construction project and the bid caller may make a choice according to the characteristics and practical needs of the project. Bid invitation for a design scheme means determining the bid winner mainly by reviewing the design scheme submitted by a bidder. Bid invitation for a design team means determining the bid winner mainly by reviewing the comprehensive capacity of the design team appointed by a bidder. Article 7 Where public bidding is conducted, the bid caller shall issue a bid invitation announcement. Where invited bidding is conducted, the bid caller shall send invitations for bid to more than three potential bidders. A bid invitation announcement or an invitation for bid shall specify the name and address of the bid caller, the basic requirements of the bid invitation project, the qualification requirements of the bidder, the way to obtain the bidding documents, etc. Article 8 A bid caller shall generally jointly invite bids for the schematic design, preliminary design and design of construction drawing for a construction project. Where another design entity shall be selected to assume the preliminary design and design of construction drawing, it shall be specified in the bid invitation announcement or invitation to bid. Article 9 General contracting shall be encouraged to for construction projects. Where general contracting is conducted, as agreed to by the contract or with the consent of the bid caller, the design entity is not required to subcontract the design of the non-primary part of a construction project through bid invitation. Article 10 A bidding document shall meet the different needs of the bid invitation for a design scheme or design team, mainly including the following contents: (1) the basic information on a project; (2) the basic requirements of an urban plan and urban design for a project; (3) the economic and technical requirements for a project; (4) the relevant fundamental materials of a project; (5) the contents of a bid invitation; (6) the arrangements in a bidding document for questions and answers, and on-the-spot survey; (7) the requirements for the development of a bidding document; (8) the standards and methods for the bid evaluation; (9) the service address and deadline for a bidding document; (10) the time and place for bid opening; (11) the main clauses of the contract planned to be concluded; (12) the design fees or fees calculation method; and (13) the methods for the compensation for the scheme that fails to win the bid. Article 11 A bid caller shall specify in a qualification preliminary review announcement, bid invitation announcement or invitation to bid whether or not to accept a bid of a consortium. For a bid by a consortium, all parties of a consortium shall enter into a joint bidding agreement to specify and come to an agreement with regard to the work and responsibilities assumed by all parties and that all parties shall assume several and joint liabilities before the bid caller in a bid-winning project. Article 12 A bid call......