chapter I general provisions article 1 these measures are formulated in accordance with the bidding law of the people's Republic of China and relevant laws and regulations, and in combination with the actual situation of this municipality, in order to standardize the bidding activities of construction projects. Article 2 These Measures shall apply to the tendering and bidding activities of construction projects within the administrative area of this Municipality that should be subject to tendering in accordance with these Measures.
the term "construction projects" as mentioned in these measures refers to all kinds of housing construction and municipal infrastructure projects, traffic projects, water conservancy projects, electric power projects and related ancillary facilities, supporting lines, pipelines, equipment installation projects, decoration projects, etc.
the term "bidding for construction projects" as mentioned in these measures refers to the bidding for general contracting, survey, design, cost consultation, bidding agency, supervision, construction, equipment and materials procurement and other projects related to construction projects. Third municipal development and reform department is responsible for the guidance and coordination of the bidding activities of the city's construction projects.
the municipal construction administrative department is the administrative supervision department of the city's construction project bidding activities, and is responsible for the supervision of the city's construction project bidding activities and the management of bidding agencies.
the municipal departments in charge of transportation, water conservancy, electric power and other related industries shall assist the municipal construction administrative department in supervising the bidding activities of construction projects in related industries.
the municipal public * * * resource trading center is responsible for the supervision and management of the municipal construction engineering trading center, coordinating the relationship between the municipal construction engineering trading center and relevant departments, and being responsible for the establishment and management of the municipal construction engineering bid evaluation expert database and the training and assessment of bid evaluation experts.
the municipal administrative supervision department shall supervise the state organs, institutions, state-owned enterprises and their staff who participate in bidding activities according to law, inspect the performance of duties by relevant departments and their staff, and investigate and deal with violations of laws and regulations. Article 4 The tendering and bidding activities for construction projects that must be tendered in accordance with these Measures shall be conducted at the Municipal Construction Engineering Trading Center.
the municipal construction engineering trading center is responsible for providing places, information and consulting services for bidding activities.
the municipal construction engineering trading center shall collect and keep the relevant information of bidding activities. Article 5 The tendering and bidding activities shall follow the principles of openness, fairness, impartiality, merit selection and good faith, and oppose malicious low-price competition.
for a construction project that should be subject to tender according to the provisions of these measures, the tenderee shall publish the budgetary estimate, budget, tendering and bidding, major changes in the construction process, completion acceptance, settlement and payment, etc. of the construction project through the website designated by the government within 11 working days from the date when relevant work occurs or is completed, and accept social supervision.
the tenderee, the winning bidder, the legal representative of the tenderee and the winning bidder, and the person in charge of the project shall be responsible for the quality of the construction project for life according to their respective responsibilities. Article 6 No unit or individual may illegally interfere in bidding activities in any way. Chapter II Bidding Methods and Scope Article 7 Bidding methods are divided into open bidding and invitation bidding. Article 8 Construction projects using state-owned or collective funds or state financing, as well as large and medium-sized or key capital construction projects listed in the plans of the State and Guangdong Province, shall be subject to tender under any of the following circumstances:
(1) General contracting and construction of construction projects with a single contract amount of more than one million yuan;
(2) Cost consulting and tendering agents with a single service contract amount of more than 151,111 yuan;
(3) Procurement of equipment and materials for construction projects with a single contract amount of more than 511,111 yuan, survey, design and supervision of construction projects and other projects related to construction projects.
the bidding scope of construction projects invested by governments in all districts (including economic functional areas) shall be 51% of the above contract amount, and the bidding scope of construction projects invested by governments in all towns shall be 21% of the above contract amount, except for cost consultation and bidding agency; Multi-level government * * * with investment, according to the project implementation subject for identification.
in accordance with the provisions of relevant laws and regulations, services such as compulsory inspection, inspection, surveying and mapping that are designated may not be subject to tender. Article 9 Where all the construction projects that should be subject to tender use state-owned or collective funds or state-owned or collective funds occupy a controlling or leading position, and large and medium-sized or key capital construction projects that are included in the plans of the state and Guangdong Province, public bidding shall be conducted. Article 11 If a construction project that should be subject to tender is confirmed by the municipal development and reform department to meet one of the following circumstances, the municipal development and reform department may invite tenders after submitting it for approval in accordance with regulations:
(1) The technology is complex or there are special professional technical requirements, and only a few potential bidders can choose from;
(2) the national security department and the secrecy department determine that it is suitable for public bidding because it involves national security and state secrets;
(3) limited by natural resources or environmental conditions;
(4) State-owned and collective funds are partially used, and the state-owned and collective funds do not occupy a controlling or leading position;
(5) as otherwise provided by laws, administrative regulations or the State Council. Article 11 If the construction project that should be subject to tender is confirmed by the municipal development and reform department to meet one of the following circumstances, the municipal development and reform department may not invite tenders after reporting to the municipal government for approval:
(1) The municipal national security department determines that it involves national security or the municipal secrecy department determines that it involves state secrets and is not suitable for bidding;
(2) the construction is resumed after the construction is stopped or postponed, and the winning bidder has not changed;
(3) The enterprise or unit is built for its own use, and the qualification grade of the enterprise or unit or its wholly-owned subordinate enterprise or unit meets the requirements of self-construction;
(4) adopting a specific patent or proprietary technology;
(5) minor subsidiary projects or main storey-adding projects that are inseparable from the main project and are added to the project under construction, and the original winning bidder still has the contracting ability;
(6) failing to bid twice according to the prescribed procedures;
(7) as otherwise provided by laws, administrative regulations or the State Council.
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