chapter I general provisions article 1 these regulations are formulated in accordance with the "construction law of the people's Republic of China" and combined with the actual situation of this province in order to strengthen the management of bidding for construction projects, maintain the order of the construction market, ensure the quality of projects, improve the investment efficiency and protect the legitimate rights and interests of the parties involved in bidding. Article 2 Construction projects mentioned in these Regulations refer to housing construction, civil engineering, building decoration, equipment installation, pipeline laying and other projects. Article 3 These Regulations shall apply to the tendering and bidding for general contracting, survey, design, construction and supply of important building materials and equipment of construction projects within the administrative area of this province.
the bidding for the construction of supervision bidding shall be implemented with reference to these regulations. Article 4 Bidding activities must follow the principles of openness, fairness, fair competition and selection of the best, and are not restricted by regions, departments and forms of ownership.
no unit or individual may designate the project subject to tender for any reason, nor may it interfere with the bid-winning result determined according to regulations. Fifth provincial and municipal construction administrative departments are the competent departments of the people's government at the same level in charge of bidding for construction projects, and the provincial and municipal bidding management institutions are specifically responsible for the management of bidding for construction projects within their respective administrative areas.
other relevant government departments shall, according to their respective responsibilities, participate in the bidding management of construction projects in accordance with relevant state regulations. Chapter II Bidding Article 6 A bid inviting unit for a construction project shall meet the following conditions:
(1) It shall have economic, technical and management personnel suitable for the bidding project;
(2) Having the ability to organize the preparation of bidding documents and pre-tender estimate;
(3) having the ability to examine the qualifications of the tendering units;
(4) Having the ability to organize bid opening, bid evaluation and bid selection.
if the conditions specified in the preceding paragraph are not met, an intermediary service agency with corresponding qualifications approved by the tendering and bidding management institution must be entrusted to bid as an agent.
an intermediary service institution may not accept the entrustment of the tendering unit and the tendering unit for the same construction project at the same time. Article 7 A construction project subject to tender shall generally meet the following conditions:
(1) The project has been formally included in the annual fixed assets investment plan of the state, departments or localities;
(2) The project application procedures have been completed;
(3) The construction land has been requisitioned;
(4) The fixed assets investment license has been obtained according to law;
(5) Construction funds have been secured.
the specific conditions for the general contracting, survey, design and construction of construction projects shall be separately determined by the provincial construction administrative department in accordance with these regulations. Article 8 Bidding may be conducted in the following ways:
(1) Public bidding: the bidding unit issues a bidding announcement through the news media;
(2) Invitation to bid: The bid inviting unit issues an invitation to bid to the unit whose qualification conditions meet the requirements of the project.
there shall be no less than five bidding units participating in public bidding and inviting bidding. Article 9 All projects invested by the government (including the investment with government shares and the investment with foreign loans guaranteed by the government) and those invested by state-owned enterprises, institutions, collective enterprises and enterprises with dominant public property rights, such as new construction, expansion, renovation and technical transformation with a total investment of 2 million yuan or a construction area of more than 2,111 square meters, must be contracted out by tender. Special projects such as confidential projects involving national security, emergency rescue and disaster relief confirmed by the people's governments at or above the county level may not be subject to bidding.
it is up to investors to decide whether to invite public bidding for construction projects that are wholly foreign-owned, privately invested at home or whose investment amount and construction area do not reach the quota. These regulations must be implemented when contracting by tender.
international bidding can be carried out for projects that use overseas grants and loans from international financial organizations. Unless otherwise provided by laws and regulations, these Regulations shall apply to international bidding activities within the administrative area of this province.
if a project is directly contracted out, it shall be filed with the tendering and bidding management institution. Tenth provincial and directly under the central government in Liaoning construction units, with a total investment of more than 31 million yuan of project bidding, by the provincial bidding management agencies for examination and approval; The bidding of other projects shall be examined and approved by the municipal bidding management institution. Article 11 The public and invited bidding for construction projects must be carried out in accordance with the following procedures:
(1) The bid inviting unit submits a bid invitation application to the bidding management institution and declares the floating rate of the bid price;
(2) The tender unit shall prepare the tender documents and submit them to the tendering and bidding management institution for review;
(3) The bid inviting unit issues a tender announcement or an invitation letter;
(4) The tendering unit shall review the qualifications of the applicant, report to the tendering and bidding management institution for approval, notify the qualified tendering units and distribute the bidding documents to them;
(5) The tenderee shall organize on-site investigation and answer questions;
(6) The bid inviting unit shall organize the preparation of the pre-tender estimate, establish the bid evaluation organization, formulate the bid evaluation and calibration methods, and report them to the bidding management institution for review;
(7) The tendering unit submits the tender to the tendering unit;
(8) The bid inviting unit holds a bid opening meeting, organizes bid evaluation and selection, and decides the winning bidder;
(9) The bid inviting unit shall submit the bid evaluation materials and reports to the bidding management organization and apply for issuing the bid-winning notice.
when bidding by negotiation, the procedures specified in the preceding paragraph shall be followed.