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Decree No.154 of the Ministry of Construction
The Measures for the Qualification Accreditation of the Engineering Construction Project-bidding Agencies have been deliberated and passed at the 114th executive session of the Ministry of Construction on December 30, 2006. They are hereby promulgated and shall take effect as of March 1st, 2007.
Minister of Construction Wang Guangtao
January 11, 2007
Measures for the Qualification Accreditation of Engineering Construction Project-bidding Agencies
Article 1
The present Measures are formulated under the Bidding Law of the People's Republic of China, the Administrative License Law of the People's Republic of China and other relevant laws and administrative regulations in order to strengthen the administration of the qualification for the bidding agencies of engineering construction projects and safeguard the legitimate rights and interests of the parties involved in the bidding and tendering activities of engineering construction projects.
Article 2
The qualification accreditation of the institutions that undertake the bidding agency business of various kinds of engineering construction projects within the borders of the People's Republic of China shall be governed by the present Measures.
For the purposes of the present Measures,
"engineering construction projects" (hereinafter referred to as "projects") refers to civil engineering, building engineering, installation engineering of lines, pipes and equipment and decoration and finishing projects;
"bidding agency business of engineering construction projects" (hereinafter referred to as "project-bidding agency business") refers to that a project-bidding agency undertakes the bidding agency business of the prospecting, design, construction and supervision of a project and the purchase of the important equipment (except for electromechanical equipment) and materials that are related to the construction of the project.
Article 3
The Construction Authority under the State Council shall take charge of administering the qualification accreditation of the project-bidding agencies of the whole nation.
The construction authority of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, within their respective regions of administration, take charge of the administration of the qualification accreditation of the project-bidding agencies.
Article 4
An institution undertaking the bidding agency business of the project shall, under law, obtain the qualification for project-bidding agencies accredited by the Construction Authority under the State Council or that of the people's government of a province, autonomous region or municipality directly under the Central Government, and undertake the business of corresponding project-bidding agency within the scope authorized by the qualification.
Article 5
The qualifications of project-bidding agencies are classified into Grade A, Grade B and the grade of temporary accreditation.
Grade A project-bidding agency may engage in the bidding agency business of all kinds of projects.
Grade B project-bidding agency may only engage in the bidding agency business of the projects whose gross investment is no more than100 million yuan.
A project-bidding agency of grade of temporary accreditation may only engage in the bidding agency business of the projects whose gross investment is no more than 60 million yuan.
Article 6
A project-bidding agency may engage in the project-bidding agency business of other provinces, autonomous regions or municipalities directly under the Central Government other than the place where it is located.
Any entity or individual may not restrict or exclude any project-bidding agency from carrying out the business of project-bidding agency under law.
Article 7
The qualification for a Grade A project-bidding agency shall be accredited by the Construction Authority under the State Council.
The qualification for a Grade B project-bidding agency or the agency of grade of temporary accreditation shall be accredited by the construction authority of the people's government of the province, autonomous region or municipality directly under the Central Government of the place of its industrial and commercial registration.
Article 8
The following requirements shall be met by an institution applying for the qualification for a project-bidding agency:
(1)
being an intermediary organization set up under law and has independent corporate capacity;
(2)
having no relationship of administrative subordination or having no interest relationship with any administrative organ or any other state organ;
(3)
having a fixed business place and the facilities that can satisfy the needs for carrying out bidding agency business of projects;
(4)
having a sound organizational structure and rules and regulation on internal management;
(5)
having corresponding professional force for bidding documents compilation and bid evaluation organization;
(6)
having a name list of technological and economic experts that may be selected as the members of the bid evaluation committee; and
(7)
other requirements as stipulated in any law or administrative regulation.
Article 9
The following requirements shall also be satisfied by an institution applying for the qualification for a Grade A project-bidding agency in addition to meeting the requirements stipulated in Article 8 of the present Measures:
(1)
having obtained the qualification for a Grade B project-bidding agency for three years or more;
(2)
the project bid winning money it accumulated in the latest three years shall be 1600 million yuan or more (based on the bid winning notice, the same hereinafter);
(3)
it shall have 20 or more full-time staff who have medium-grade or above professional title ; in particular, it shall have 10 or more personnel with engineering construction certified professional qualification (among whom, the number of certified cost engineers shall be 5 or more), and 10 or more personnel who have been undertaking business of project-bidding agency for three years or more;
(4)
the personnel responsible for technology or economy shall be a full-time staff of the institution, have experience in project management of 10 years or more and have the professional title in technology or economy of senior-grade and have engineering construction certified professional qualification ; and
(5)
its registered capital shall be 2 million yuan or more.
Article 10
The following requirements shall also be satisfied by an institution applying for the qualification for a project-bidding agency of Grade B in addition to meeting the requirements stipulated in Article 8 of the present Measures:
(1)
it shall have obtained the qualification for a project-bidding agency of the grade of temporary accreditation for one year or more;
(2)
the project bid winning money it accumulated in the latest three years shall be 800 million yuan or more;
(3)
it shall have 12 or more full-time staff who have the medium-grade or above professional title ; in particular, it shall have 6 or more personnel who have certified engineering construction professional qualification(among whom, the number of certified cost engineers shall be 3 or more), and 6 or more personnel who have been undertaking business of project-bidding agency for three years or more;
(4)
the personnel taking charge of technology or economy shall be full-time staff of the institution, have a experience in project management of 8 years or more and have the professional title in technology or economy of senior-grade and have engineering construction certified professional qualification n; and
(5)
its registered capital shall be 1 million yuan or more.
Article 11
A newly established project-bidding agency that meets the requirements stipulated in Article 8 and those of Items (3), (4) and (5) of Article 10 may apply for the qualification for a project-bidding agency of the grade of temporary accreditation.
Article 12
The following materials shall be provided by An institution applying for the qualification for a project-bidding agency:
(1)
report on its application for the project-bidding agency qualification;
(2)
Application Form for the Project-bidding Agency Qualification and the electronic document;
(3)
business license for enterprises as legal persons;
(4)
the project-bidding agency's articles of association and rules and regulations on inner management;
(5)
photocopies of the identity certificates of its full-time staff, labor contracts, professional title certificates or engineering construction qualification certificates, credentials on the payments for social insurance and certificates on the agency of personal archives;
(6)
post-holding documents, resumes and other materials of its legal representative and personnel responsible for technology and economy, as regards a person responsible for technology or economy, it is also necessary to provide the certificate on his project management experience;
(7)
certificate on the place and the list of major equipment for business;
(8)
financial contribution certificate and the financial report upon audition of the previous year (including financial statement and explanations, the same hereinafter);
(9)
the experts list of bid evaluation; and
(10)
other related materials as stipulated by any law and regulation.
The effective certificates on its project-bidding agency achievement shall also be provided by the institution applying for the qualification for a Grade A or Grade B project-bidding agency (project-bidding agency contracts, bid winning notices and evaluation opinions of the bidders).
A project-bidding agency shall take the responsibility for the authenticity of the materials that it provides.
Article 13
An application shall be submitted by an institution applying for the qualification for a Grade A project-bidding agency to the construction authority of the people's government of the province, autonomous region or municipality directly under the Central Government of the place of its industrial and commercial registration.
The construction authority of the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 20 days since the date of the acceptance of the application, complete the preliminary examination and file the opinions of preliminary examination and the application materials with the Construction Authority under the State Council.
The Construction Authority under the State Council shall complete the examination and publicize the examination opinions for 10 days within 40 days since the date when the construction authority of the people's government of the province, autonomous region or municipality directly under the Central Government accepts the application materials.
Article 14
The specific implementation procedures for the qualification accreditation of Grade B project-bidding agencies and the agencies of grade of temporary accreditation shall be determined by the construction authority of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government under law.
The construction authority of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, within 15 days since the lists are determined, file the lists of the accredited project-bidding agencies of Grade B and the grade of temporary accreditation with the Construction Authority under the State Council for archival purpose.
Article 15
The qualification of a project-bidding agency shall be evaluated by the expert committee organized by the construction authority before it is accredited.
Article 16
A qualification certificate for project-bidding agency includes an original and a duplicate, which are uniformly printed by the Construction Authority under the State Council. Both the original and the duplicate have the same legal effect.
The valid period of the qualification certificate for a project-bidding agency of Grade A or Grade B shall be 5 years, while that for the grade of temporary accreditation shall be 3 years.
Article 17
In case a project-bidding agency of Grade A or Grade B needs to extend the valid period upon the expiration of the valid period of its qualification certificate of project-bidding agency, it shall send an application for qualification extension to the original qualification-licensing organ within 60 days before the expiration of its qualification certificate.
The valid period of its qualification may be extended for another 5 years upon the consent of the original qualification-licensing organ if a project-bidding agency of Grade A or Grade B abides by the related laws, rules, regulations and technical standards within the valid period of its qualification, has no record of misconduct in its credit file and satisfies the prerequisites on achievements and full-time staff.
Article 18
In case a project-bidding agency of the grade of temporary accreditation needs to continue undertaking the project-bidding agency business upon the expiration of the valid period of its qualification certificate of project-bidding agency, it shall reapply for the project-bidding agency qualification of the grade of temporary accreditation.
Article 19
In case a project-bidding agency is under any of the following circumstances within the valid period of its qualification certificate, it shall, within 30 days since the date of the occurrence of the circumstances, go to the original qualification-licensing organ to go through the formalities for the qualification certificate modification, and the modification formalities shall be handled by the original qualification-licensing organ within 2 days:
(1)
the change of any item of industrial and commercial registration;
(2)
the change of the personnel responsible for the technology or economy; or
(3)
other circumstances under which it is necessary to conduct the qualification certificate modification as prescribed by law.
In case the modification is handled by the construction authority of the people's government of a province, autonomous region or municipality directly under the Central Government, the construction authority shall, within 15 days since the date when the modification formalities are handled, report the modification situation to the Construction Authority under the State Council for archival purpose.
Article 20
The following materials shall be submitted by a project-bidding agency applying for the modification of its qualification certificate s:
(1)
application form for the qualification certificate modification;
(2)
photocopy of enterprises as legal persons' business license;
(3)
photocopies of the original and the duplicate of its qualification certificate; and
(4)
evidential materials on issues concerning the qualification modification.
Article 21
As regards the merger of a project-bidding agency, the institution which survives after the merger or which is newly established may, provided that it shall satisfy the corresponding qualification requirements, inherit the higher qualification grade of all the parties concerned before the merger.
In case a project-bidding agency is split up, only one of the project-bidding agencies that survive after the split-up can inherit the former project-bidding agency's qualification, provided that it shall satisfy the qualification requirements of the former project-bidding agency. The project-bidding agency to inherit the former project-bidding agency's qualification shall be determined by all the parties involved in the split-up through negotiation; and the qualification of any other project-bidding agency that survives after the split-up shall, be reapplied for in accordance with the provisions of these Measures.
Article 22
A project-bidding agency shall surrender the former qualification certificate to the original license-issuing organ for cancellation at the same time when it obtains a new project-bidding agency qualification certificate.
In case a project-bidding agency needs to supplement (including adding, changing and re-issuance due to loss) the qualification certificate for project-bidding agency, it shall apply to the qualification-licensing organ with the application form and other materials for supplementing qualification certificate. In case its qualification certificate is lost it shall publish a lost notice on a public news medium before applying for reissuing the certificate. The qualification-licensing organ shall handle the application within 2 days.
Article 23
A project-bidding agency shall sign a written contract with the bidder, conduct agency within the scope prescribed in the contract and collect charges under the related provisions of the state; in case it carries out agency beyond the contract, it shall, under law, be subject to the corresponding civil liabilities.
Article 24
A project-bidding agency shall keep the documents on project-bidding process and results properly within the valid period of its qualification certificate.
Any project-bidding agency may not forge or hide any document on project-bidding process and results.
Article 25
Any project-bidding agency may not conduct any of the following behaviors in the project-bidding agency activities:
(1)
having a relationship of administrative subordination, cooperative management or any other interested relationship with a bidder or tenderer involved in the bidding of the project;
(2)
undertaking the business of bidding agency and tendering consultation of a same project;
(3)
engaging in business of project-bidding agency beyond the scope authorized by its qualification;
(4)
acting as the agency while is fully aware of the illegality of the entrusted issue;
(5)
engaging in business of project-bidding agency by adopting such means as bribery, offering kickback or offering any other illegitimate interests;
(6)
transferring business of project-bidding agency without gaining the written consent of the bidders;
(7)
leaking the information or materials concerning the bidding or tendering activities that should be kept secret;
(8)
collaborating with the bidders or tenderers to damage national interests, public interests or the legitimate rights and interests of other persons;
(9)
refusing to correct as ordered by the related supervision administrative department in accordance with law or falsifying to cover the truths;
(10)
altering the documents without authorization on project-bidding agency results approved by the bidders and affixed with the official seals of the bidders;
(11)
illegally transferring the project-bidding agency qualification license by means of altering, reselling, leasing, lending or any other forms; or
(12)
other behaviors forbidden by any law or regulation.
In case a project-bidding agency that applies for qualification upgrading or re-applies for the qualification for the grade of temporary accreditation commits any of the behaviors stipulated in the preceding paragraph within the previous year since the date the application is made, the application shall not be approved by the qualification-licensing organ.
Article 26
The Construction Authority under the State Council and those of the provinces, autonomous regions and municipalities directly under the Central Government shall intensify the administration of qualification for project-bidding agency by checking the practitioners, business performance, market behaviors and agency quality of project-bidding agencies.
Article 27
In case a project-bidding agency does not meet the corresponding conditions any more after obtaining the qualification for project-bidding agency, the construction authority shall order it to correct within a certain time limit under the petition of any interested party or based on its functions and duties; in case the agency fails to correct within the stipulated time limit, the qualification-licensing organ may cancel its qualification. A project-bidding agency whose qualification has been cancelled may file an application to the qualification-licensing organ for re-ratifying its qualification for the project-bidding agency on basis of its actual conditions.
Article 28
A qualification-licensing organ or any of its higher organ may cancel the qualification for a project-bidding agency under the petition of any interested party or based on its functions and duties in case of any of the following circumstances:
(1)
the qualification is approved by the staff of the organ by misuse of power or neglect of duty;
(2)
the qualification is approved by exceeding the legitimate authority;
(3)
the qualification is approved by violating the legal procedure;
(4)
the qualification application which is approved does not meet the corresponding conditions; or
(5)
other circumstance under which the qualification for project-bidding agency may be cancelled in accordance with law.
The qualification certificate for a project-bidding agency obtained by such illegitimate means as deception or bribery shall be cancelled.
Article 29
A qualification-licensing organ shall cancel the qualification for a project-bidding agency under law and announce the qualification certificate null and void, and the project-bidding agency shall timely surrender the qualification certificate to the qualification-licensing organ in case of any of the following circumstances:
(1)
the project-bidding agency fails to apply for extending qualification upon the expiration of the qualification certificate;
(2)
the project-bidding agency is terminated in accordance with law;
(3)
the qualification certificate is cancelled, withdrawn or revoked; or
(4)
other circumstances under which the qualification shall be cancel as stipulated by any law or regulation.
Article 30
The construction authority shall set up credit archives for project-bidding agencies and make them public to the society.
A project-bidding agency shall submit authentic, accurate and complete information on its credit archives to the qualification-licensing organ under the relevant provisions.
The basic information, performance, project quality, safety, and the situation on its breach of contract, etc. shall be included in the information on the credit archives of a project-bidding agency. The behaviors stipulated in Paragraph 1 of Article 25 of the present Measures, the illegal acts that have been complained about reported and handled and the administrative penalties, etc, shall be recorded into its credit archives as misconducts.
Article 31
In case a project-bidding agency applies for a project-bidding agency qualification by concealing the relevant information or providing false materials, its application shall be rejected by the qualification-licensing organ or it shall not be granted a administrative license and be given an admonition, moreover, this institution may not, within one year, re-apply for the project-bidding agency qualification.
Article 32
In case a project-bidding agency obtains a project-bidding agency qualification by such illegitimate means as deception or bribery, it shall be given an admonition by the qualification-licensing organ and shall be imposed a fine of 30,000 yuan; moreover, this institution may not, within three years, re-apply for the project-bidding agency qualification.
Article 33
In case a project-bidding agency fails to timely handle the formalities for modifying a qualification certificate, it shall be ordered to handle the formalities within a certain time limit by the original qualification-licensing organ; if it fails to do so, the organ may be imposed a fine of not less than 1,000 yuan but not more than 10,000 yuan.
Article 34
In case a project-bidding agency fails to provide the information on its credit archives under the relevant provisions, it shall be given an admonition by the original qualification-licensing organ and shall be ordered to correct within a certain time limit; if it fails to do so, it may be imposed upon a fine of not less than 1,000 yuan but not more than 10,000 yuan by the organ.
Article 35
In case a project-bidding agency engages in a agency business of project-bidding without obtaining the qualification for a project-bidding agency or beyond the scope authorized by the qualification, this agency business of project-bidding shall become null, and the agency shall be imposed a fine of 30,000 yuan by the original qualification-licensing organ.
Article 36
The project-bidding agency which alters, resells, leases, lends or illegally transfers its agency qualification certificate of project-bidding by any other methods shall be imposed a fine of 30,000 yuan by the original qualification-licensing organ.
Article 37
Any project-bidding agency commits any of the behaviors listed in Item (1), (2), (4), (5), (6), (9), (10) or (12) shall be imposed upon a fine of 30,000 yuan.
Article 38
The present Measures shall take effect as of March 1, 2007. The Measures for the Qualification Accreditation of the Bidding Agencies of Engineering Construction Projects (Decree No.79 of the Ministry of Construction) shall be simultaneously abolished.
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Promulgated by The Ministry of Construction on 2007-01-11
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