Wholly foreign-owned, domestic private investment, foreign donations and other construction projects, whether to implement bidding and tendering, by the investor to decide.
The people's governments at or above the county level to confirm the confidentiality, rescue, disaster relief and other construction projects, may also not implement bidding. Article 3 The bidding and tendering of construction projects referred to in these regulations, including general contracting of construction projects, survey and design, construction, supply of equipment, construction supervision and other bidding and tendering:
(1) general contracting of the project refers to the general contracting of the whole process of the construction project, including the engineering design, supply of materials and equipment, and the organization of the construction until the delivery of the use of the construction, etc.;
(2) survey and design refers to the construction project from the investigation, measurement, supply, construction of equipment to the delivery of the use of the construction project. The whole process of construction engineering from survey, measurement, feasibility study, planning until the construction drawing design;
(iii) construction, refers to all the construction of civil engineering, architectural decoration, large-scale earthwork, lines, pipelines and equipment installation and other related works;
(iv) equipment supply, refers to the complete sets of equipment and ancillary electromechanical equipment required for the construction project, Specialized and non-standard equipment supply;
(E) construction supervision, refers to the construction supervision unit entrusted by the construction unit of the construction project design, construction and warranty stage is responsible for supervision and management. Article 4 The competent department for construction administration of the people's governments at or above the county level is the competent department for bidding and tendering of construction projects, and its main duties are:
(1) examining the qualifications of the bidding and tendering units;
(2) examining the applications for bidding and tendering and the bidding documents;
(3) scrutinizing and finalizing the bids;
(4) supervising bid-opening, bid-evaluation, and bid-fixing;
(v) Supervising the signing and fulfillment of construction project contracts. Article 5 construction project bidding and tendering according to the scale of project construction, the implementation of hierarchical management. Article VI bidding and tendering activities shall follow the principles of openness, fairness, fair competition and selection of the best bids, regardless of region, sector and form of ownership. Article 7 No unit or individual shall, on the conditions of land acquisition, demolition and relocation, design, advancement of funds, introduction of land for construction, etc., require the construction unit to contract the project which should be subject to bidding and tendering to the unit designated by it for contracting.
It is prohibited for any industry to force the undertaking of works on the grounds of specialization. Chapter II Bidding Article 8 The bidding of construction works can be carried out in the form of bidding for the whole process of the project, bidding in stages, bidding for unit works, and bidding for special specialized works. No separate bidding shall be conducted for the divisions and sub-divisions of the unit works. Article 9 The construction unit shall prepare the tender in accordance with the relevant provisions, organize the bidding activities, and select the winning price and the winning unit. Article 10 The construction unit that invites tenders shall have the following conditions:
(1) have legal personality;
(2) have engineering economic and technical management personnel appropriate to the tendered works;
(3) have the ability to organize the preparation of tenders;
(4) have the ability to organize the opening of bids, bid evaluation and bid fixing.
Construction units that do not have the above conditions, their bidding work shall be entrusted to a bidding business agency approved by the competent administrative department of construction and having the appropriate qualifications. Article XI of the construction project bidding, can take the following three ways:
(a) public bidding. By the bidding unit through the press, radio, television or other effective means of publicizing the tender notice;
(2) invitation to tender. By the bidding unit to the qualification of the unit in line with the requirements of the project issued an invitation to tender. Invited to participate in the bidding unit shall not be less than three;
(C) bidding. Technical, specialized and engineering conditions and limitations and urgent construction projects, by the competent administrative department of construction, it is not suitable for public bidding and inviting tenders, you can implement the negotiation of bids. Participation in the bidding negotiation shall not be less than two units. Article 12 Procedures of bidding work:
(1) Examination of the qualifications of the bidding unit;
(2) The bidding unit fills in the application for bidding, prepares the bidding document and submits it to the competent administrative department of construction for examination. The competent department of construction administration shall finalize the review within 7 days;
(iii) publishing a tender notice or issuing an invitation to tender;
(iv) bidding units applying for bidding;
(v) qualification examination of bidding units.
(vi) distributing bidding documents and design drawings, technical information, etc., to qualified bidding units;
(vii) organizing on-site inspections by bidding units and answering questions about the bidding documents;
(viii) setting up a bid evaluation organization, and formulating methods for evaluating and determining bids;
(ix) convening a bid-opening meeting to review bidding bids;
(x) organizing bid evaluation (x) organizing the bid evaluation and determining the successful bidder;
(xi) issuing the notification of the successful bid;
(xii) signing the construction contract between the construction unit and the successful bidder. Article 13 Once the bidding document is issued, the bidding unit shall not change its content without authorization. Article 14 The bidding price of a construction project shall be prepared in accordance with the technical and economic standards and quotas and specifications stipulated by the state and the province, and in accordance with the design drawings and relevant information, and the requirements of the bidding documents.
A bidding project, can only prepare a tender.