Tenderers and bidders shall bid according to law, the bid evaluation committee shall independently evaluate bids, and the administrative department shall supervise them according to law. Fourth people's governments at or above the county level shall, according to the needs of the bidding work, establish a coordination mechanism for the bidding work, and guide and coordinate the major issues in the bidding work.
The development and reform departments of the people's governments at or above the county level shall be responsible for the guidance, coordination and comprehensive supervision of the bidding activities within their respective administrative areas.
The relevant administrative departments of the people's governments at or above the county level (hereinafter referred to as the relevant administrative departments) shall do a good job in relevant supervision and management according to their respective responsibilities. Article 5 No unit or individual may illegally set restrictive conditions to prevent or exclude potential bidders from other regions and industries from participating in bidding activities in their own regions and industries.
No unit or individual may illegally interfere in bidding activities, or illegally infringe upon the autonomy of tenderers and bidders in bidding activities. Chapter II Scope and Scale Standards of Bidding Article 6 The following engineering construction projects, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, shall be subject to bidding if they meet one of the scale standards stipulated by the state and the province:
(1) Infrastructure projects and public utilities projects related to social interests and public safety;
(two) all or part of the use of financial funds or into the financial management of government special construction fund projects;
(3) Projects financed by the government;
(4) Projects in which state-owned funds occupy a controlling or leading position;
(5) Projects using loans or aid funds from international organizations or foreign governments;
(six) other projects that should be subject to tender as stipulated by laws, regulations and rules.
The specific scope of infrastructure projects and public utilities projects involving social public interests and public safety shall be implemented in accordance with relevant state regulations. Article 7 The scale standards for construction projects that must be subject to tender as stipulated in Article 6 of these Regulations, if provided by the state, shall prevail; If there are no provisions in the country or there are provisions in the country, but detailed provisions need to be made according to the actual situation of the province, the provincial development and reform department shall, jointly with the relevant administrative departments, formulate them and submit them to the provincial people's government for approval before implementation. Eighth any of the following circumstances is not suitable for bidding, you can not bid:
(a) involving national security, state secrets or disaster relief;
(two) the use of poverty alleviation funds to work for the relief;
(3) It is necessary to adopt irreplaceable patents or special technologies;
(four) the project built by the construction enterprise for its own use, and the qualification grade of the construction enterprise meets the engineering requirements;
(five) the additional contract amount of the project under construction does not exceed 10% of the original contract amount and does not exceed 2 million yuan, and the original winning bidder still has the contracting ability;
(six) private enterprises in addition to the laws, regulations and rules of the project must be subject to tender, all use their own funds for engineering construction;
(seven) investors selected through bidding can build, produce or provide services by themselves according to law;
(eight) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(nine) other special circumstances stipulated by the state.
The projects listed in the preceding paragraph shall be subject to the approval of the project examination and approval procedures and the bidding according to law, and shall be approved by the project examination and approval department; Other projects shall be submitted by the tenderer to the relevant administrative departments for approval; Local key projects determined by the provincial people's government shall be approved by the provincial people's government. Chapter III Bidding Article 9 For a project subject to bidding as stipulated in these Regulations, the project legal person shall submit written materials such as the bidding scope, bidding method and bidding organization form to the project examination and approval department for examination and approval.
The tenderer shall organize the bidding according to the approved bidding contents. If it is really necessary to change the contents of the tender that have been approved, it shall go through the examination and approval procedures again before issuing the tender announcement. Tenth state-owned funds holding or leading position of the project, according to the law must be tender, it should be open tender; But in any of the following circumstances, you can invite tenders:
(a) involving national security, state secrets, technical secrets or emergency rescue and disaster relief, which is suitable for public bidding;
(two) the technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose;
(three) the cost of public bidding accounts for a large proportion of the project contract amount.
In the circumstances listed in the preceding paragraph, the project subject to tender according to the relevant provisions of the state shall be approved by the project examination and approval department, and other projects shall be approved by the tenderer. Inviting tenders for local key projects determined by the provincial people's government shall be approved by the provincial people's government. Inviting tenders for local key projects determined by the state (city) people's government shall be approved by the state (city) people's government.
Where a tenderer adopts the method of inviting tenders, there shall be more than three specific legal persons or other organizations with the ability to undertake the project subject to tender and corresponding qualifications to participate in the bidding.