chapter I general provisions article 1 in order to standardize the tendering and bidding activities of provincial key construction projects, protect the interests of the state, the public and the legitimate rights and interests of the parties involved in tendering and bidding activities, improve the investment benefit and ensure the project quality, according to the Law of the People's Republic of China on Tendering and Bidding, the Regulations for the Implementation of the Law of the People's Republic of China on Tendering and Bidding, and the Law of Jiangxi Province on the Implementation of the Law of the People's Republic of China on Tendering and Bidding. Article 2 These Measures shall apply to the bidding activities and supervision and management of provincial key construction projects that must be subject to bidding according to law within the administrative region of this province. Article 3 The term "provincial key construction projects" as mentioned in these Measures refers to the construction projects that have a significant impact on the national economic and social development of the province with the approval of the provincial people's government and issued by the provincial development and reform department. Article 4 the provincial key project office (hereinafter referred to as the provincial key office) shall, jointly with the relevant administrative departments, manage and guide the bidding work of provincial key construction projects, and mainly perform the following duties:
(1) to implement the laws, regulations, rules and policies on bidding;
(2) to formulate specific regulations on the management of bidding for provincial key construction projects;
(3) to supervise the tendering agency activities, bid opening, bid evaluation and bid selection of key construction projects in the province according to law;
(4) accepting and handling complaints about the bidding activities of key construction projects in the province;
(5) Other duties stipulated by the provincial people's government.
the financial department shall supervise the use of financial funds involved in bidding projects according to law.
the supervisory organ shall supervise the objects of supervision related to bidding activities according to law.
the relevant administrative departments shall, within the scope of their statutory duties, do a good job in the bidding supervision of provincial key construction projects. Fifth to encourage the use of electronic information network for electronic bidding, and promote the bidding network of key construction projects in the province. Chapter II Bidding Article 6 To bid for key provincial construction projects, the following conditions shall be met in addition to the fact that the tenderer has been established in accordance with the law and the corresponding funds or sources of funds have been implemented:
(1) Design and construction general contracting bidding. The feasibility study report has been approved if the project approval procedures need to be fulfilled, and it has been approved or filed if the project approval or filing procedures need to be fulfilled; Have the necessary basic information.
(2) Bidding for survey and design. The feasibility study report has been approved if the project approval procedures need to be fulfilled, and it has been approved or filed if the project approval or filing procedures need to be fulfilled; Have the necessary basic data for survey and design.
(3) supervision bidding. If the project approval procedures are required, the feasibility study report has been approved, and if the project approval or filing procedures are required, it has been approved or filed.
(4) construction bidding. If it is necessary to go through the formalities of project approval, the preliminary design and budgetary estimate have been approved, and if it is necessary to go through the formalities of project approval or filing, it has been approved or filed; Have the required design drawings and technical data.
(5) Bidding for goods related to engineering construction. If it is necessary to go through the formalities of project approval, the preliminary design and budgetary estimate have been approved, and if it is necessary to go through the formalities of project approval or filing, it has been approved or filed; The use and technical requirements of the goods have been put forward.
other services related to engineering construction shall be tendered by the tenderee according to the stage of service and with reference to the conditions in the preceding paragraph of this article. Seventh provincial key construction projects that must be tendered according to law shall be publicly tendered; However, under any of the following circumstances, with the approval of the provincial people's government, invitation to bid can be conducted:
(1) The technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose from;
(2) the cost of public bidding accounts for a large proportion of the project contract amount;
(3) involving national security, state secrets or emergency rescue and disaster relief, which is suitable for public bidding;
(4) it is not suitable for public bidding according to laws and regulations.
the specific examination and approval work of inviting tenders shall be undertaken by the provincial key office. Article 8 provincial key construction projects that need to go through the formalities of project examination and approval may not be invited for bidding under any of the following circumstances:
(1) those involving national security, state secrets or emergency rescue and disaster relief are not suitable for bidding;
(2) It is necessary for farmers to invest their labor and labor to use poverty alleviation funds to implement work-for-poverty relief;
(3) it is necessary to adopt irreplaceable patents or proprietary technologies;
(4) The purchaser can construct, produce or provide it by himself according to law;
(5) The investor of the franchise project who has been selected through bidding can build, produce or provide it by himself according to law;
(6) it is necessary to purchase the project, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(7) other special circumstances stipulated by the state.
provincial key construction projects that do not need to go through the formalities of project examination and approval, under any of the circumstances specified in the preceding paragraph, may decide not to invite public bidding at their own discretion, but shall inform the provincial key office in writing. Article 9 A tenderer who has the ability to prepare tender documents and organize bid evaluation may handle tender matters by himself.
for provincial key construction projects that must be subject to tender according to law, if the tenderer handles the tender matters by himself, it shall be reported to the provincial key office and relevant administrative departments for the record.