Ministry of Communications, Measures for Advance Evaluation of Bidding Qualifications for Highway Construction Projects

Issued: February 16 2006
Effective: May 1 2006
Interpreting authority: Ministry of Communications
Applicability: These Measures apply to highway construction projects that adopt advance evaluation of qualifications in respect of their invitation for bids (Article 2). The term 'advance evaluation of bidding qualifications for highway construction projects' refers to the evaluation of the bidding qualifications of potential bidders prior to the sending of bid invitations by bid inviting parties (Article 3). The term 'potential bidder' means a construction enterprise having independent legal personality, holding a business licence, and having construction qualifications and capability commensurate with the bid invitation project (Article 4).

Main contents: A bid inviting party shall be responsible for advance evaluation of bidding qualifications, and no work units or individuals may illegally interfere with it (Article 5). Where potential bidders are applying for advance evaluation of qualifications by way of a consortium, the organizer shall bear more than 50% of the total amount of the construction work (Article 19). A bid inviting party shall carry out qualification evaluation of a potential bidder regarding its experience in construction, financial strength, construction capacity, management capacity and reputation on contract performance (Article 34). For blocks of which the number of potential bidders that pass qualification evaluation is evidently low, the evaluation committee may, by obtaining consent from the potential bidders, make adjustment to the blocks for which potential bidders that have passed qualification evaluation apply. Where the number of qualified bidders is still less than three after adjustment, the bid inviting party shall organize the advance evaluation of qualifications anew, or adopt the method of private invitation for bids subject to the approval of the relevant departments (Article 40). For ancillary facilities of highway projects, or highway projects that have particularly tight construction schedule or relatively few potential bidders, are of relatively small scale, or require simple technology, if the bid inviting party chooses to have subsequent evaluation of qualifications, matters may, mutatis mutandis, be handled in accordance with these Measures (Article 46). If there are special provisions on highway projects that use loans from international financial organizations or foreign government loans, or that are financed in the form of equity or cooperative joint projects or wholly-owned projects, such provisions shall prevail (Article 47).
Related legislation: PRC Invitation for and Submission of Bids Law, Aug 30 1999, CLP 1999 No.8 p.34 and Measures for the Administration of Invitation for and Submission of Bids for Highway Construction Projects, Jun 6 2002, CLP 2002 No.6 p.13
Repealed legislation: Measures for Advance Evaluation of Bidding Qualifications for Highway Construction Projects, Aug 1 1997