Development and reform, construction, transportation, water conservancy, finance and other departments (hereinafter referred to as administrative supervision departments) shall be responsible for the supervision and management of bidding activities of government investment projects according to their respective responsibilities. Article 5 The tendering and bidding activities of government investment projects must follow the principles of openness, fairness, impartiality, honesty and credibility, and accept the supervision of administrative supervision departments, all sectors of society and news media.
Any unit or individual has the right to supervise and report violations of bidding laws and regulations in the bidding activities of government investment projects. Chapter II Duties and Methods of Supervision and Management Article 6 A system of joint bidding meetings shall be established. The joint meeting consists of development and reform, supervision, construction, transportation, water conservancy, finance, auditing and other departments, with the development and reform department as the lead unit of the joint meeting. The joint meeting shall be held regularly, and may also be proposed by the constituent units.
The joint meeting is responsible for studying, coordinating and handling major issues in the supervision and management of government investment projects. Article 7 When conducting supervision and inspection, administrative supervision departments shall perform the following duties:
(a) to check the implementation of legal procedures and rules in bidding activities;
(two) to accept and investigate complaints and reports in bidding activities;
(three) to supervise the implementation of bidding laws, regulations and rules by all parties to the tender. Article 8 The administrative supervision department shall establish a credit record system for the parties and employees involved in bidding activities. Ninth administrative supervision departments to carry out supervision and inspection, can take the following ways:
(a) to listen to the report on the project bidding and attend the meeting related to the project bidding held by the tenderer;
(two) access to project bidding documents and materials;
(three) on-site supervision of the bid evaluation process;
(four) ask the parties concerned with the bidding activities and their relevant personnel. Article 10 The administrative supervision department shall establish and improve the system for accepting and handling complaints about tendering and bidding. After receiving the complaint, the administrative supervision department shall conduct a review within five days and deal with it according to the actual situation:
(a) does not meet the conditions for handling complaints, decided not to accept, and will not accept the reasons to inform the complainant in writing. If the complaint materials meet the requirements, they shall be accepted;
(two) if the complaint is incomplete, it shall inform the materials that need to be corrected at one time. If the complainant submits all the corrected materials within the validity period of the complaint, it shall be accepted;
(three) if the complaint is not within the scope of acceptance of this department, it shall inform the complainant to complain to the relevant administrative supervision department in writing or by other means. Eleventh administrative supervision departments responsible for accepting complaints shall investigate and verify the complaints within the statutory time limit and make a decision. The decision shall be notified in writing to the complainant, the respondent and other relevant parties.
When the administrative supervision department deems it necessary, it may organize the tenderee, bidder, bid evaluation committee and other interested parties to hold a hearing. The administrative supervision department may participate in the hearing. Chapter III Contents and Requirements of Supervision and Management Article 12 Government investment projects shall be invited by public bidding, and if they meet the conditions stipulated by laws, regulations and the provincial government, they may be invited to bid or not after approval. Thirteenth government investment projects in any of the following circumstances, belong to avoid bidding:
(a) involving national security without the identification of the state security department, involving state secrets without the identification of the security department, and without the identification of the competent department afterwards, which belongs to emergency rescue and disaster relief;
(two) auxiliary small projects added to the projects under construction without the approval of the project examination and approval department;
(3) The estimated price of a single contract is lower than the legal tender standard, but the annual use of special financial funds reaches more than 1 10,000 yuan, which can be organized centrally and implemented by stages. Fourteenth government investment projects are built by means of BT and BOT, and their survey and design, construction, supervision, equipment and materials procurement shall be subject to tender according to law. Fifteenth government investment projects should be in the bidding centralized trading institutions approved by the competent department for bidding activities. The administrative supervision department shall strengthen the management and supervision of centralized trading institutions for bidding and tendering.
Centralized trading institutions for tendering and bidding shall provide standardized places, information, technical consultation and other related services for tendering and bidding activities, provide conditions for administrative supervision departments to implement management and supervision, and accept management and supervision. A tenderer may entrust a centralized trading institution for tendering to keep the bid bond on his behalf.