(a) large-scale infrastructure, public utilities and other projects related to social interests and public safety;
(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;
(3) Projects that use loans or aid funds from international organizations or foreign governments.
The specific scope and scale standards of the projects listed in the preceding paragraph shall be implemented in accordance with state regulations; Need to make supplementary provisions from the reality of the province, formulated by the administrative department of development and reform of the provincial people's government in conjunction with the relevant departments of the provincial people's government, and submitted to the provincial people's government for approval. Article 4 The tendering and bidding activities of engineering construction projects shall follow the principles of openness, fairness, impartiality and good faith. Article 5. Where the examination and approval, filing and approval of the bidding scheme and the qualification determination of the bidding agency need to go through the relevant formalities in accordance with the relevant provisions of the state, they should go through the formalities first and obtain approval.
The relevant administrative supervision departments shall not violate laws and regulations to set up examination and approval, approval, registration and other administrative licensing matters involving bidding; If it has been established, it shall be cancelled. Chapter II Tendering and Bidding Article 6 Construction projects that must be subject to tender according to law shall be subject to public tender; Those who do not invite tenders, invite tenders or invite tenders by themselves shall meet the conditions prescribed by the state and perform the prescribed procedures. Article 7 Where public bidding is adopted for a construction project that must be subject to bidding according to law, the tenderee shall publish a tender announcement in the media designated by the development and reform administrative department of the national or provincial people's government in accordance with regulations.
The designated media shall not charge fees for publishing the tender announcement specified in the preceding paragraph, except for publishing the international tender announcement. Article 8 Where a tenderer entrusts a tender, it shall entrust a bidding agency with legal qualifications as its agent.
The tenderee shall not collude with the tendering agency to harm the national interests, social interests and the legitimate rights and interests of others. Article 9 A bidding agency shall not accept the bidding agency and bidding consulting business of the same bidding project; Without the consent of the tenderer, the bidding agency business may not be transferred. Article 10 A bidding agency shall not accept bidding agency business beyond its agency authority.
The scope of agency authority of a bidding agency shall be stipulated in the bidding agency contract.
If a procuratorial agency exceeds its agency authority and causes losses to the tenderer, it shall be liable for compensation according to law. Article 11 Where a tenderer requires a bidder to provide a bid bond, a performance bond or other forms of performance guarantee, it shall be specified in the tender documents. If the tenderer requires the winning bidder to provide performance bond or other forms of performance guarantee, the tenderer shall also provide payment guarantee.
If the tenderer gives economic compensation to the unsuccessful bidder when preparing the tender documents, the specific compensation standard shall be specified in the tender documents. Twelfth construction projects that must be subject to tender according to law, the tender documents shall be sold for not less than 5 days, and the selling price shall be implemented in accordance with the provisions of the competent price department of the provincial people's government; From the date of issuance of the tender documents to the deadline for submission of bid documents by bidders, the shortest time shall not be less than 20 days. Article 13 If there are less than three bidders who submit bidding documents, or if there are less than three bidders who meet the requirements after pre-qualification, the bidding shall be reorganized according to law.
If there are still less than three qualified bidders after re-organizing the bidding, the bidding method may be changed or the bidding may not be conducted with the approval of the original bidding scheme examination and approval department. Fourteenth bidders shall not participate in the bidding in the name of others, and shall not participate in the bidding by introducing funds or paying in advance. Fifteenth it is forbidden for the following bidders to collude in bidding quotation:
(a) Bidders mutually agree to raise or lower the bid price;
(2) Bidders mutually agree to quote at high, medium and low prices respectively;
(three) internal bidding between bidders, the default winning bidder first, and then participate in the bidding;
(four) other collusion between bidders. Article 16 It is forbidden for the following bidders or bidding agencies to collude with bidders in bidding:
(a) before the bid opening, open the tender documents, and inform other bidders of the contents of the tender documents, or assist bidders to replace or change the tender documents;
(two) to disclose the pre-tender estimate to the bidder;
(three) when bidding, it is agreed with the bidder to reduce or increase the bid price;
(4) the winning bidder who breaches the contract in advance;
(five) other collusive bidding behavior. Chapter III Bid Opening, Bid Evaluation and Bid Winning Article 17 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place predetermined in the tender documents.
No organization or individual may specify the time and place for bid opening to the tenderee or tendering agency.