chapter I general provisions article 1 these measures are formulated in accordance with the basic principles of relevant laws and administrative regulations and the reality of Zhuhai special economic zone in order to standardize the bidding activities of construction projects. Article 2 These Measures shall apply to the bidding activities of construction projects within the administrative area of this Municipality.
the construction projects mentioned in these measures include all kinds of housing construction and municipal public works, traffic engineering, water conservancy engineering, power engineering, landscaping engineering and related ancillary facilities, supporting lines, pipelines, installation engineering, decoration engineering, etc.
the term "bidding for construction projects" as mentioned in these measures refers to the bidding for survey, design, cost consultation, engineering consultation, supervision, construction and equipment and materials related to construction projects.
the equipment and materials related to construction projects mentioned in these measures refer to the equipment and materials that are used to realize the basic functions of construction projects and are inseparable from construction projects. Article 3 The development and reform department (hereinafter referred to as the development and reform department) is responsible for guiding and coordinating the bidding activities of construction projects.
the municipal construction administrative department (hereinafter referred to as the municipal construction administrative department) is the supervision department of the city's construction project bidding activities, responsible for the supervision of the city's construction project bidding activities and the management of bidding agencies, formulating the relevant system of the city's construction project bidding, and investigating and handling the illegal activities of the city's construction project bidding activities according to law.
the municipal audit institutions shall conduct audit supervision on matters related to bidding according to law.
the municipal administrative departments of transportation, water conservancy, electric power and gardens shall assist the municipal competent department of construction to supervise the bidding activities of construction projects in related industries.
the municipal public * * * resource trading center (hereinafter referred to as the municipal trading center) is responsible for the construction and management of the city's construction project bidding information platform, trading platform and bid evaluation expert database, providing places and services needed for construction project bidding activities, and assisting relevant departments to supervise construction project bidding activities. Article 4 Construction projects that should be subject to tender according to these Measures shall enter the public resources trading platform (hereinafter referred to as the trading platform) established according to law in this Municipality for tender.
if there are other national and provincial regulations on the application of trading platforms, the relevant regulations shall prevail. Article 5 Bidding activities for construction projects shall follow the principles of openness, fairness, impartiality, honesty and credibility.
no unit or individual may illegally interfere in the bidding activities in any way. Article 6 In addition to the contents that should be kept confidential according to law, information such as bidding announcement, bidding answering questions, bid evaluation report, calibration report and bid winning result of construction projects shall be publicly released on the municipal trading platform. Chapter II Bidding Article 7 The specific scope and scale standards of projects that must be subject to bidding according to law shall be implemented in accordance with the unified provisions of the state. Article 8 A construction project may not be subject to tender if it meets any of the following circumstances:
(1) If it involves national security or state secrets, the relevant department determines that it is not suitable for tender according to relevant regulations;
(2) it is determined by the relevant administrative departments that the main technology needs to adopt irreplaceable patents or proprietary technologies;
(3) for the construction project resumed after the suspension or postponement, the contractor has not changed and has fulfilled the project management responsibilities during the suspension or postponement;
(4) The construction unit and its holding or dominant subordinate units can build, produce or provide by themselves according to law, except for projects using fiscal funds;
(5) The investor of the franchise project who has been selected through bidding can build, produce or provide it by himself according to law;
(6) it is determined by the competent department of the project that it is necessary to purchase goods or services from the original winning bidder, otherwise it will affect the requirements of construction or functional support;
(7) 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;
(8) failing to bid twice according to the prescribed procedures;
(9) Other circumstances in which the tender may not be invited as stipulated by laws, regulations and rules.
if the project using fiscal funds is not subject to tender under the circumstances listed in the preceding paragraph, it shall be reported to the development and reform department for approval. Involving specific identification matters, the development and reform department may solicit opinions from the relevant industry authorities, and the relevant departments shall provide opinions.
if the relevant laws and regulations have other provisions on the approval procedures, those provisions shall prevail. Article 9 No unit or individual may break up a construction project subject to tender into parts or evade tender in any other way.
if a tenderer practices fraud for the purpose of applying the provisions of article 8, it shall be deemed as circumventing the tender. Article 11 A tenderer who has the ability to bid on his own can handle the relevant matters of bidding for construction projects on his own.
if a tenderer does not have the ability to bid on his own, he shall entrust a bidding agency with corresponding qualifications to bid on his behalf.
no unit or individual may compel or imply that the tenderee entrusts a designated tendering agency. Article 11 The tenderer shall be responsible for the bidding of construction projects, and the tenderer shall enjoy the following rights and bear corresponding legal responsibilities according to law:
(1) Decide the bidding scope, bidding method and bidding organization form by himself according to law;
(2) prepare the tender documents and publish the tender announcement, determine the maximum bid price limit and bill of quantities;
(3) Establish a bidding supervision group, a qualification examination committee, a bid evaluation committee and a selection committee;
(4) organizing bid opening, bid evaluation and bid selection;
(5) collecting, returning or not returning the bid bond according to the provisions of these Measures;
(6) signing and performing contracts;
(7) handling disputes related to bidding;
(8) other rights enjoyed according to law and legal responsibilities that should be borne.
no unit or individual may illegally interfere with the matters decided by the tenderer according to law and the rights it enjoys.