(a) the relationship between the social public **** interests, public safety, infrastructure projects and public utility projects;
(b) the use of state-owned funds investment projects;
(ii) all or part of the state-owned
(B) the use of all or part of the state capital investment projects;
(C) state-financed projects;
(D) the use of international organizations or foreign governments, loans, assistance to the project.
The procurement of important equipment and materials related to the projects listed in the preceding paragraph in general equipment and materials can be procured by the bidder through bidding, or by the bidder at the time of bidding for the construction of the main project together with the contract to the successful bidder, who will bid for the procurement.
The specific scope and scale standards of construction projects that must be tendered in accordance with the law shall be formulated by the provincial people's government in accordance with relevant state regulations. Article IV drugs, medical equipment, teaching materials and teaching aids, electrical energy, transportation, office facilities, office supplies and other goods procurement, government procurement and property management, finance and insurance, scientific research topics and research, consulting and evaluation and other services need to be bidding the scope and scale standards, in accordance with the relevant laws and regulations, and its bidding procedures in accordance with the relevant provisions of the relevant laws and regulations of this Ordinance. Article 5 The people's governments at or above the county level development planning department to guide and coordinate the bidding activities in the administrative region.
People's governments at or above the county level, other relevant administrative supervision departments in accordance with their respective responsibilities, in accordance with the law on the implementation of the supervision of the bidding activities within the administrative area, investigate and deal with bidding activities in violation of the law.
Provincial and municipal and state people's governments and regional administrative departments of development planning is responsible for the supervision and inspection of bidding activities of major construction projects within the administrative area. Chapter II Tendering and Bidding Article 6 The construction projects which must be tendered in accordance with the law shall have the following conditions:
(1) According to the different stages of project processing, its project proposal and estimate, or feasibility study report and estimate, or preliminary design and budget estimates, or construction drawing documents have been approved;
(2) Including bidding method, bidding organization, bidding range (ii) The preliminary bidding scheme including the bidding method, the form of bidding organization and the scope of bidding has been approved by the project approval authority;
(iii) Corresponding funds are available or the source of funds has been materialized;
(iv) Documents, drawings and technical information required for the corresponding bidding stage are available;
(v) Other conditions prescribed by laws and regulations are available.
Surveying and design may carry out tendering activities before submitting the feasibility study report due to special circumstances, but this shall be stated in the feasibility study report submitted. Article 7 The bidding notice of a project subject to public bidding in accordance with law shall, according to the scale standard of the project, be published in accordance with the provisions in the newspaper, information network or other media designated by the development planning department of the national or provincial people's government.
The bidder shall not terminate the bidding after publishing the bidding notice or issuing the invitation to bid, except for force majeure.
The bidder or the bidding agent, the time between the date of publication of the bidding notice or issuance of the invitation to tender and the date of commencement of the sale of the bidding documents shall not be less than five days. Article 8 The use of all state-owned funds, state-financed projects, or state-owned funds, state-financed projects in a controlling or dominant position, shall be subject to public tender in accordance with the law. However, in one of the following cases, in accordance with the nature of the project and management authority, with the approval of the project approval department, may invite bidding:
(a) there are more than three but fewer than five potential bidders to choose from;
(b) technological complexity or special requirements for the protection of know-how and patents;
(c) compared with the value of the project for which the bidding is made, the public bidding (C) Compared with the value of the tender project, the cost of public tendering is relatively high;
(D) Other cases stipulated by laws and regulations.
Other items that must be tendered by law, the bidding method, the bidder to decide on their own.
One of the circumstances listed in the first paragraph, belonging to the provincial people's government to determine the provincial key construction projects, the use of invitational bidding shall be approved by the provincial people's government. Article IX bidding organization is divided into the bidder's own bidding and bidding agency commissioned by the bidding agent agency bidding. Self-organized bidding bidder shall have the ability to prepare tender documents and organization of bid evaluation, bidding agency must have the state council or the provincial people's government of the relevant administrative departments recognized by the appropriate qualifications. Article 10 the bidding agency and the bidder shall sign a written agency contract. The bidding agent shall act as an agent for bidding within the scope entrusted by the bidder and comply with the provisions of these regulations on the bidder.
The bidding agent entrusted by the bidder shall not accept the same bidding project bidding agent and bidding consulting services, shall not be affiliated with the same bidding project bidders or other interests, shall not disclose commercial secrets, and shall not be involved in or disguised participation in the same bidding project bidding-related services. Without the consent of the bidder, the bidding agent shall not transfer the bidding agent business.
The bidding agent in accordance with the provisions of the national and provincial people's government price administrative departments to collect agency fees from the principal, shall not set up unauthorized charges or raise the charges.