chapter I general provisions article 1 these measures are formulated in accordance with the bidding law of the people's Republic of China (hereinafter referred to as the bidding law) and the relevant provisions of the state, in combination with the actual situation of our province, in order to strengthen the management of bidding activities, maintain the order of the bidding market, protect the interests of the state, the interests of the public and the legitimate rights and interests of the parties involved in bidding activities, and promote the sustained and healthy development of the economy. Article 2 The Bidding Law and these Measures shall apply to bidding activities within the administrative area of our province. Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality, honesty and credibility. Fourth provinces, cities and counties (including county-level cities and districts, the same below) development planning administrative departments responsible for the guidance and coordination of bidding activities within their respective administrative areas.
the administrative departments of economy, trade, construction, water conservancy, transportation, education, land and resources, information industry, etc. are responsible for the supervision and law enforcement of bidding activities of industries and industrial projects respectively. Article 5 No unit or individual may break up the projects that must be subject to bidding according to law or evade bidding in any other way.
no unit or individual may illegally restrict or exclude legal persons or other organizations outside the local area or system from bidding. Chapter II Bidding Article 6 The following construction projects, including project survey, design, construction and supervision, and the procurement of important equipment and materials related to the project construction, must be subject to bidding if they meet one of the scale standards stipulated in Article 12 of these Measures:
(1) Infrastructure and public utility projects that are related to social interests and public safety;
(2) projects invested with state-owned funds;
(3) projects financed by the state;
(4) projects using funds from international organizations or foreign governments;
(5) projects using state-owned land and mineral resources.
if the law or the State Council has provisions on the scope of other projects that must be subject to tender, those provisions shall prevail. Article 7 The scope of infrastructure projects related to social interests and public safety:
(1) Coal, petroleum, natural gas, electric power and new energy projects;
(2) railways, highways, pipelines, water transport, aviation and other transportation projects;
(3) postal service, telecommunication hub, communication and information network projects;
(4) flood control, irrigation, drainage, water diversion (supply), beach management, soil and water conservation and water control projects;
(5) Roads, bridges, subway and light rail transportation, sewage discharge and treatment, garbage disposal, underground pipelines and public parking lots;
(6) ecological environment protection projects;
(7) land and mineral resources projects;
(8) Other infrastructure projects. Article 8 The scope of public utility projects related to social public interests and public safety:
(1) Water supply, power supply, gas supply and heating projects;
(2) Science and technology, education and cultural projects;
(3) sports and tourism projects;
(4) health and social welfare projects;
(5) commercial housing projects;
(6) other public utility projects. Article 9 the scope of investment projects using state-owned funds:
(1) projects using budgetary funds;
(2) projects using government special construction funds included in the comprehensive financial budget management;
(3) projects that use the self-owned funds of state-owned enterprises and institutions, and the state-owned assets investors actually have control rights. Article 11 the scope of state-funded projects:
(1) projects that use the funds raised by state-issued bonds;
(2) projects that use the funds raised by foreign loans or guarantees from the state;
(3) projects that use state policy loans;
(4) projects financed by investors authorized by the state;
(5) financing projects chartered by the state. Article 11 the scope of projects using funds from international organizations or foreign governments:
(1) projects using loans from international organizations such as the World Bank and the Asian Development Bank;
(2) projects that use loans from foreign governments and their institutions;
(3) projects that use aid funds from international organizations or foreign governments. Article 12 The scale standards for projects within the scope specified in Articles 7 to 11 of these Measures, including project survey, design, construction, supervision and procurement of important equipment and materials related to the project, are as follows:
(1) The estimated price of a single construction contract is more than 2 million yuan;
(2) The estimated price of the procurement of important equipment, materials and other goods or single contract is more than RMB 1 million;
(3) The estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 511,111 yuan;
(4) The estimated price of a single contract is lower than the standards specified in each of the preceding three items, but total investment of the project is more than 31 million yuan. Article 13 the following projects may not be subject to tender:
(1) projects involving national security and state secrets;
(2) Emergency rescue and disaster relief projects;
(3) using poverty alleviation funds to implement projects in special circumstances, such as working for the poor and requiring the use of migrant workers;
(4) with the approval of the competent department of the project, the survey and design of the project adopts specific patents or proprietary technologies, or the project has special requirements for architectural artistic modeling;
(5) Other projects that may not be subject to tender as stipulated by the state.
when submitting the feasibility study report of the construction project, the construction project that meets the requirements of the preceding paragraph may not be invited for bidding shall apply for not inviting for bidding, and the reasons for not inviting for bidding shall be explained, which shall be approved by the project examination and approval department.