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Jing Jiao Gong Guan Fa [2020] No. 7

To relevant organizations,

To further strengthen the management of ordinary highway maintenance projects, optimize the market environment for doing business, and standardize the process of government supervision, the requirements for the management of highway maintenance projects are specified as follows according to relevant laws and regulations:

I. Bidding and Tendering Management

(I) Field survey. Field survey is no longer carried out for maintenance projects, except for large projects or projects with complex technology or special environment. Regarding the field survey that shall be carried out, the tenderee shall specify it in the tender documents and specify the relevant control measures for the field survey in strict accordance with the relevant provisions.

(II) Contract negotiation. All contract negotiations for highway maintenance bidding projects shall be completed online, provided that the negotiations shall not change the substantive contents of the tender documents and the winning bidder's bidding documents.

(III) Personnel management. The tenderee shall carefully organize the selection of tenderee representatives and relevant staff and strictly implement relevant provisions on interest circumvention. The tenderee representatives and relevant staff shall attend professional training and be familiar with the bid invitation business. The tenderee and other staff members participating in the bid evaluation activities shall not have private and informal contact with any bidder or any person who has an interest in the bidder, and shall strictly abide by the basic code of ethics, professional ethics and relevant laws and regulations.

(IV) Tender documents and templates of contracts. The tenderee of highway maintenance project shall prepare the notice of invitation for bids and tender documents in accordance with the standard texts formulated by the Ministry of Transport or Beijing Municipal Commission of Transport and in light of the specific characteristics and actual needs of the bidding project. The notice of invitation for bids and the templates of tender documents and contract can be obtained from the website of the Beijing Municipal Commission of Transport.

(V) Release of tender documents. The tenderee shall strengthen the examination of the notice of invitation for bids, tender documents and drawings before release to ensure their quality. In principle, the tender documents shall not be amended after being released. For clarification requests from bidders and potential bidders, the tenderee shall issue a clarification announcement through the Beijing Public Resources Trading Service Platform, and the clarification announcement shall be published simultaneously on the website of Beijing Municipal Commission of Transport.

(VI) Period for bidding. The period for bidding shall not be less than 20 days from the date when the tender documents are issued to the deadline for bidders to submit their bidding documents.

(VII) Publicity of winning candidates and notification of award. After completing the bid evaluation for a highway maintenance project, the bid evaluation committee shall submit a bid evaluation report to the tenderee the same day of completion of bid evaluation. The tenderee shall, on the next day after receiving the bid evaluation report, publicize the winning candidates on the prescribed media. The period of publicity is 3 days. After the publicity is over and there is no outstanding objection, the tenderee shall determine the top candidate as the winning bidder, and shall send the notification of award to the winning bidder the next day, and inform all the unsuccessful bidders of the bid result (including the reasons for fail).

(VIII) Administrative supervision. To further optimize the supervision process and implement the main responsibilities of the tenderee, the tasks of selecting bid evaluation experts, auditing bid evaluation result, auditing the publicity of winning candidates and the bid result shall be adjusted to the tenderee's responsibility of execution.

II. Project Contract Management

(I) Change in the project. In the process of project management, the tenderee shall strengthen contract management, review the nature and the necessity and rationality of the change. For the necessary change, a change procedure shall be duly performed.In principle, no major changes shall be made, no approved budget shall be exceeded and no additional projects shall be added.

(II) Change in the price. The total amount of change for a project shall not exceed 10% of the original contract price. In principle, the changed project shall be carried out by the original winning bidder.

(III) Time of change. The change formalities shall be completed within 20 days and be publicized through the transaction platform of public resources.

III. Road Occupation Construction Permit

(I) Handling time. The municipal and district traffic management authorities shall issue the permission within 1 working day after receiving the Traffic Organization Plan determined by the previous guidance and the relevant application materials.

(II) Construction work. The winning bidder shall carry out construction in strict accordance with the determined time of road occupancy and the Traffic Organization Plan to ensure traffic safety. The winning bidder shall bear the corresponding legal responsibility if the project is not constructed in accordance with the established plan.

IV. Payment of Project Funds

(I) Time of payment.. All the project payments shall be paid within 7 days from the date of receiving the invoice by the tenderee. In principle, the advance payment of the contract shall be made within 14 days after signing the contract.

(II) Delayed payment. The tenderee shall complete the payment in strict accordance with the prescribed payment time. In the case of delay in payment, the bidder shall have the right to claim interest.

V. Objection to Bid Result

Any objection to or complaint against the bid result shall be raised during the publicity period of the winning candidates.

The Circular shall take effect as of the date of promulgation. In case of inconsistency with the Administrative Measures for Bidding and Tendering of Highway Maintenance Projects, the Measures for the Management of Highway Maintenance Projects, and the Regulation of the Beijing Municipal Commission of Transport and the Beijing Traffic Management Bureau on Simplifying the Conditions for the Commencement of Highway Maintenance Projects, this Circular shall prevail.

Beijing Municipal Commission of Transport

Beijing Traffic Management Bureau

March 6, 2020