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The new version of the "Regulations on the Management of Bidding and Tendering for Construction Project Design" will be implemented in May.
2019-12-18
To implement the "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Further Strengthening Urban Planning, Construction, and Management Work," further improve China's architectural design bidding system, promote fair competition, foster architectural creativity, and enhance the level of architectural design, the Ministry of Housing and Urban-Rural Development recently issued the revised "Administrative Measures for Bidding and Tendering of Architectural Engineering Design" (Order No. 33 of the Ministry of Housing and Urban-Rural Development, hereinafter referred to as the "Measures").
The new "Measures for the Administration of Bidding and Tendering for Architectural Engineering Design" will be implemented in May.
To implement the "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Further Strengthening Urban Planning and Construction Management," further improve China's architectural design bidding system, promote fair competition, foster architectural creativity, and enhance architectural design standards, the Ministry of Housing and Urban-Rural Development recently issued the revised "Measures for the Administration of Bidding and Tendering for Architectural Engineering Design" (Ministry of Housing and Urban-Rural Development Order No. 33, hereinafter referred to as the "Measures").
The regulations on bidding and tendering for architectural engineering design are an important guarantee for the healthy and orderly development of the architectural design market. The original "Measures" (Ministry of Construction Order No. 82) were issued in 2000 and played an important role in regulating bidding and tendering activities for architectural engineering design. With the development and changes in the architectural design market, problems such as overly broad project scopes, single bidding methods, insufficient reflection of architectural design characteristics, imperfect evaluation systems, and low evaluation quality have gradually emerged in the bidding and tendering process.
To implement the requirements of the Central Urban Work Conference to improve the decision-making mechanism for architectural design bidding and tendering, align with relevant laws and regulations such as the "Regulations on the Implementation of the Bidding Law of the People's Republic of China," and improve the bidding system adapted to architectural design characteristics, the Ministry of Housing and Urban-Rural Development organized the revision of the original "Measures." The revised "Measures" consist of 38 articles and address issues in China's architectural design bidding and tendering, highlighting the following four aspects in line with international practices.
First, highlight the characteristics of architectural design bidding and tendering to promote architectural creativity. Based on the original bidding for architectural design schemes, the "Measures" add bidding for design teams. Bidders can choose according to project characteristics and actual needs. Design team bidding mainly evaluates the composition of personnel proposed for the project, their achievements and experience, project interpretation, design concepts, bidder credit status, and performance to determine the winning bidder. To ensure evaluation quality, from a professional perspective, the "Measures" require that architectural experts must constitute no less than two-thirds of the total number of technical and economic experts in the evaluation. For special and complex projects, experts such as academicians of the Chinese Academy of Sciences, Chinese Academy of Engineering, national engineering survey and design masters, and qualified foreign experts can be directly invited to participate in the evaluation. For bidding based on design schemes, the evaluation committee must also assess whether the scheme complies with urban and rural planning and urban design requirements.
Second, create a favorable market environment to stimulate enterprise vitality. The "Measures" stipulate that bidding documents should clearly state the design fee or charging method so that design units can decide whether to participate in bidding accordingly. If the bidder needs to select other design units for preliminary or construction drawing design, this must be clearly stated in the bidding announcement or invitation. The "Measures" encourage architectural projects to implement design general contracting; according to contract agreements or with the bidder's consent, design units may subcontract non-main parts of the architectural design without bidding. If the bidder or winning bidder uses a non-winning scheme, they must obtain consent from the submitting bidder and pay a usage fee to foster a market environment conducive to architectural creativity. The housing and urban-rural construction authorities should disclose expert evaluation opinions and other information to accept social supervision and establish a more open and transparent architectural design evaluation system.
Third, fully embody streamlining administration and delegating power, combining regulation and service optimization. The revision of the "Measures" implements the requirements of the "streamline administration, delegate power, and improve services" reform by canceling the filing and review of bidding materials to simplify administration and delegate power. According to the WTO agreement commitments on architectural design openness, the approval requirements for foreign design units participating in domestic architectural engineering design bidding have been canceled. Based on higher-level laws, the circumstances under which bidding is not required are clarified. These revisions reflect the overall requirement to transform government functions and will strengthen supervision during and after the process, increase enforcement against illegal activities, and maintain market order.
Fourth, implement relevant legal requirements and improve the bidding system. The "Measures" specify requirements for clarifying, modifying, and handling objections to bidding documents; clarify situations where the evaluation committee must reject bids and conditions for re-bidding; require the evaluation committee to recommend no more than three winning candidates to the bidder and indicate their order; and further clarify legal responsibilities for behaviors prohibited by laws and regulations.
The "Measures" will come into effect on May 1, 2017.
