Notice of the China (Shanghai) Pilot Free Trade Zone on the Filing of Tendering and Bidding of Construction Project Design

The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.

Operation Basis

Construction Law of the People’s Republic of China, Law of the People’s Republic of China on Bid and Tender, Regulations on Implementation of the Law of the People’s Republic of China on Bid and Tender, Regulations on Administration of Surveying and Design of Construction Projects, Regulations of Shanghai on Administration of Construction Market, Measures for Administration of Bidding and Tender of Surveying and Design of Construction Projects, Measures for Administration of Contracting and Development of Construction Projects in Shanghai, Interim Provisions on Bid Evaluation Committee and Bid Evaluation Measures, Standard Provisions on Tender Scope and Scale of Construction Projects, and other laws, regulations, rules and normative documents relating to buildings and building materials

Scope of Application

Projects that are reported for construction in the Zone, and whose employment mode is public supervision tender and invited to tender as specified in the report notification.

Required Materials

1. Registration and Filing of Direct Contracting of Construction Projects in Shanghai Comprehensive Bonded Area or Registration of Non-tender Contracting of Construction Items of Construction Projects in Shanghai (download at) in duplicate, and then stamped for confirmation

2. One copy of the general construction plan

3. Original and photocopy of the Business License, qualification certificate, good-faith manual and safe production license of the construction enterprise and its “IC Card of building and building materials enterprises in Shanghai”

4. Original and photocopy of the registered architect, “IC Card of building and building materials worker in Shanghai”

5. Certificate of filing of general design documents (except for simple projects) or preliminary design reply

6. Certificate of project funds being in place

7. List of fees for measures for safety, protection and civilized construction

8. Duplicate of the contract for general contracting of construction projects (one original and photocopy respectively, affixing the paging seal)

9. Filing of Contract for General Contracting of Construction Projects in Shanghai in triplicate (printing after completion at www.ciac.sh.cn, and then stamped for confirmation)

10. Other materials to be submitted

Application Process

(I)Tender Registration

1. Acceptance Scope: projects that are reported for construction in Shanghai Comprehensive Bonded Area, and whose employment mode is public design tender and invited to tender as specified in the report notification.

2. Conditions to be met (materials to be carried):

Construction projects that have been reported for construction (can check online)
The tender agency contract has been signed (if self-tender is done after the specified conditions are met, no such item)

3. Handling Period: handled in the field

(II) Issuance of the tender public notice

1. Conditions to be met (materials to be carried):

Tender registration has been done (online check)
If the formalities for examination, approval and filing shall be done according to the State and municipal regulations, such formalities have been done and relevant approval has been obtained
Scope of land used has been approved
Funds required are in place
Required basic materials have been collected
Contract for entrustment of tender by tender agency (if self-tender is done after the specified conditions are met, no such item)

2. Handling Procedures:

(1) Verify whether the development scope is consistent with the scale of the project and whether the division of tender sections is reasonable

(2) Verify whether the scope of the qualification license of the tender agency is consistent with the projects undertaken and whether the tender engineer responsible for tender of the projects is complying with relevant provisions

(3) Verify whether the tender mode to be adopted is in conformity with the applicable laws and regulations

(4) Determine the section number of this design tender, and issue the Flow of Tender and Bidding of Design of Construction Projects in Shanghai, or visit the website of Shanghai Building and Building Materials () to download it

(5) If the tender documents have been filed at the supervision department, the tenderee or tender agency visits the website of Shanghai Building and Building Materials () to complete the tender public notice. The tender public notice shall state the name and address of the tenderee, general information of the tendered project, qualification requirements for the tenderer, and how to obtain tender documents, and shall be released within five working days after confirmation by the tender and bidding regulation department (for invited tender, no such item)

(III) Filing of tender documents (supplemented tender documents)

1. Before release, the tender documents and supplemented tender documents shall be filed at the tender and bidding regulation department

2. The period from the day upon release of the tender documents to the deadline for submission of bid documents shall not be shorter than 20 days

3. The period from the day upon release of the supplemented tender documents to the deadline for submission of bid documents shall not be shorter than 15 days. It is required to notify in writing all recipients of the supplemented tender documents.

4. The tender documents shall use the templates of tender documents as issued by the State and in Shanghai

5. The handling period for filing of the tender documents (supplemented tender documents) shall be within 5 days. The filing of pre-qualification documents shall refer to such handling period.

(IV) Filing of composition of the bid evaluation committee

1. It is required to, within 24 hours before commencement of the bid evaluation meeting, complete the Application for Drawing of Bid Evaluation Experts, and determine the experts from Shanghai Construction Projects Bid Evaluation Experts Pool at random, and notify the bid evaluation experts via the bid evaluation experts voice notification system. Upon bid evaluation, the bid evaluation experts shall present a bid evaluation expert permit

2. The composition of the bid evaluation committee shall be filed by the tender and bidding regulation department

3. The handling period shall be within 2 days

(V) Written report on tender and bidding

1. The tenderee shall, within 15 days from determination of the winner, submit the written report on tender and bidding and the Notice of Acceptance of Bid (Conclusion of Transaction) of Design of Construction Projects in Shanghai to the tender and bidding regulation department

2. Handling Procedures:

(1) Submit the written report on tender and bidding and the corporate IC card of the winner, and handle the public notice of winning result

(2)The handling period shall be within 5 days

(VI) Public notice of winning results

1. After the winning results are filed, the winning results shall be publicized for at least 3 days (including weekends, but excluding legal holidays) at  (Shanghai Building and Building Materials)

2. Bar codes shall be stamped on the winning notice filed

V. Application Location and Contact Information

Room 1708, F/17, No. 9 Jilong Road, Pudong New Area, Shanghai

Post Code: 200131

Contact: Shen Zhaohui

Contact Tel.: 021-58698702  

Fax: 021-58698720

VI. Complaint Mode

Mode of Complaint to the Management Committee of the China (Shanghai) Pilot Free Trade Zone

Tel.: 021-58697800

Fax: 021-58698705

E-mail: ftzts@pudong.gov.cn

Provided by Lawyers Working Committee of Pudong New Area