These Regulations shall apply to the bidding of government procurement projects; Bidding for government procurement of goods or services shall be conducted in accordance with the relevant provisions of the state on government procurement. Article 3 The tendering and bidding activities shall follow the principles of openness, fairness, impartiality and good faith. The tenderers shall invite tenders according to law, the bid evaluation committee shall independently evaluate the bids, and the administrative department shall supervise them according to law. Article 4 The municipal development and reform administrative department is responsible for guiding, coordinating and comprehensively supervising the bidding work, establishing a supporting system of bidding laws and regulations in conjunction with relevant administrative departments, and organizing the implementation of these regulations.
The administrative departments of development and reform of counties (autonomous counties) shall be responsible for guiding, coordinating and comprehensively supervising the bidding work within their respective administrative areas.
Construction, finance, water conservancy, transportation, land and housing management, municipal and other relevant administrative departments shall be responsible for the supervision and management of bidding activities according to their respective responsibilities. Article 5 A lawfully established tendering and bidding association shall strengthen industry self-discipline and guide the healthy and orderly development of the tendering and bidding industry. Chapter II Tendering and Bidding Article 6 The engineering construction projects specified in Article 3 of the Bidding Law of People's Republic of China (PRC), including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to bidding.
Unless otherwise provided by laws and administrative regulations, the investors, operators, contractors or suppliers of the following projects selected by the people's governments at or above the county level and their departments must be determined by bidding according to law:
(a) land, minerals and other natural resources development and utilization projects;
(two) water supply, power supply, gas supply, public transportation, sewage or solid waste treatment and other franchise projects;
(3) Projects invested by state-owned funds or financed by the state;
(four) major scientific research projects organized or funded by the government;
(5) 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 determined by the municipal development and reform administrative department in conjunction with the relevant administrative departments, and shall be implemented after being approved by the Municipal People's government.
When the tenderee conducts general contracting bidding for state-owned capital investment or state-financed projects, if the subcontracted projects or purchased goods included in the general contracting scope in the form of temporary evaluation meet the prescribed standards, the general contracting winning bidder and the tenderee shall conduct bidding for the corresponding subcontracted projects or goods in accordance with the contract.
If the project subject to tender needs to be increased, it shall be proposed by the municipal development and reform administrative department in conjunction with the relevant administrative departments and implemented after the approval of the Municipal People's government. Article 7 No unit or individual may break up the projects that must be subject to bidding according to law or evade bidding by other means.
The bidding activities of projects that must be subject to bidding according to law are not restricted by regions or departments. No unit or individual may illegally restrict or exclude legal persons or other organizations outside the local area or system from bidding, and may not interfere in bidding activities in any way. Article 8 A project subject to tender as stipulated in the first and second paragraphs of Article 6 of these Regulations may not be subject to tender with the approval of the project examination and approval department under any of the following circumstances:
(a) involving national security, state secrets or emergency rescue and disaster relief and other special circumstances are not suitable for bidding;
(two) the use of poverty alleviation funds to implement work-based relief, which requires local farmers to invest in labor;
(three) the technology is complex or professional, and the contractors, suppliers or service providers that can meet the requirements can not meet the requirements of the statutory number of bidders;
(four) the use of patents or proprietary technology as the main process and technology;
(five) change the contractor, supplier or service provider will affect the functional requirements;
(6) Self-use projects, goods or services that can be built, produced or provided by themselves;
(seven) the original winning bidder has the contracting ability of the affiliated small-scale project or the main storey-adding project of the project under construction, or the goods purchased through bidding need to be supplemented and added, and the original winning bidder has the supply ability;
(eight) closely related to the structure and layout of the project under construction, or limited by the construction site and there is no independent working face to be jointly implemented, and the contractor has the corresponding contracting qualification.
Projects involving national security and state secrets shall be identified in accordance with the provisions of relevant laws and administrative regulations. Article 9 Bidding methods are divided into open bidding and invitation bidding.
The project subject to tender as stipulated in the first and second paragraphs of Article 6 of this Ordinance shall be subject to public bidding under any of the following circumstances:
(a) all use of state-owned capital investment or state financing, state-owned capital investment holding projects;
(2) Projects using loans or aid funds from international organizations or foreign governments;
(three) other projects stipulated by laws, administrative regulations and rules or determined by the Municipal People's government.
The public bidding project specified in the preceding paragraph may be invited for bidding with the approval of the project examination and approval department under any of the following circumstances. If it is a key project, it shall be approved by the people's government at the same level:
(1) Work-for-relief projects implemented with poverty alleviation funds have large investment scale and complex technology, which are suitable for bidding but not suitable for public bidding;
(2) Projects limited by physical geography and environmental factors;
(three) the cost of public bidding accounts for a large proportion of the estimated contract projects;
(four) other projects stipulated by laws, administrative regulations and rules and determined by the Municipal People's government.