The project referred to in the preceding paragraph means a construction project, including the new construction, alteration and expansion of buildings and structures and their related renovation, demolition, repair, etc.; the goods referred to as related to the construction of the project mean the equipment, materials, etc., which constitute an inseparable part of the project and which are necessary for the fulfillment of the basic functions of the project; and the services referred to as related to the construction of the project mean the surveys required for the completion of the project, The services related to the construction of the project refer to the survey, design, supervision and other services required for the completion of the project. Article 3 The specific scope and scale standards of engineering construction projects which must be tendered in accordance with the law shall be formulated by the development and reform department of the State Council in conjunction with the relevant departments of the State Council, and reported to the State Council for approval and promulgation. Article 4 The development and reform department of the State Council to guide and coordinate the national bidding and tendering work, the implementation of supervision and inspection of engineering bidding and tendering activities for major national construction projects. The State Council departments of industry and information technology, housing and urban-rural construction, transportation, railways, water conservancy, commerce and other departments, in accordance with the prescribed division of responsibilities for the supervision of the relevant bidding and tendering activities.
Departments of development and reform of local people's governments at or above the county level direct and coordinate the bidding and tendering work in their administrative areas. The relevant departments of the local people's governments at or above the county level, in accordance with the prescribed division of responsibilities, the supervision of bidding and tendering activities, and investigate and deal with violations of law in the bidding and tendering activities in accordance with the law. Local people's governments at or above the county level on the departments under their supervision of bidding activities in accordance with the division of responsibility for other provisions, from its provisions.
The financial sector in accordance with the implementation of bidding and tendering of government procurement projects and the implementation of government procurement policy to implement the supervision of the budget implementation.
Supervisory organs in accordance with law and bidding activities related to the implementation of supervision. Article 5 the local people's government above the municipal level may, according to the actual needs, the establishment of a unified standardized bidding and tendering trading place, to provide services for bidding and tendering activities. Bidding and tendering trading places shall not be subordinate to the administrative supervision department, shall not be for profit.
The state encourages the use of information networks for electronic bidding and tendering. Article 6 prohibits state employees from illegally interfering with bidding and tendering activities in any way. Chapter II Tendering Article 7 In accordance with the relevant provisions of the state need to fulfill the project approval, approval procedures for projects that must be tendered by law, the scope of bidding, bidding mode, the form of bidding organization shall be reported to the project approval, approval department for approval, approval. Project approval, the approval of the department shall be promptly approved, the approval of the scope of bidding, bidding mode, bidding organization notified to the relevant administrative supervision departments. Article 8 state-owned funds in a controlling or dominant position in the project must be bidding by law, shall be open bidding; however, one of the following circumstances, you can invite bidding:
(a) technically complex, special requirements or by the natural environment, only a small number of potential bidders to choose from;
(b) the use of open bidding method of the cost of the project contract amount of a disproportionately large ratio .
With the circumstances listed in the second subparagraph of the preceding paragraph, projects falling under the provisions of Article 7 of these Regulations shall be determined by the project examination and approval department in examining and approving the project; for other projects, the bidder shall apply for a determination to be made by the relevant administrative supervisory department. Article 9 In addition to the special circumstances provided for in Article 66 of the Bidding Law that the bidding may be dispensed with, the bidding may be dispensed with in any of the following cases:
(1) the need to adopt irreplaceable patented or proprietary technology;
(2) the purchaser is able to construct, produce or provide on its own in accordance with law;
(3) the franchisee that has been selected by way of bidding is able to construct, produce or provide on its own; and (c) the investor of the concession project has been selected through bidding and is able to construct, produce or provide on its own in accordance with law;
(d) there is a need to procure the works, goods or services from the original successful bidder, which would otherwise affect the requirements for construction or functional support;
(e) there are other special circumstances as stipulated by the State.
Where a bidder falsifies for the purpose of applying the provisions of the preceding paragraph, it belongs to the evasion of bidding as stipulated in Article 4 of the Bidding and Tendering Law. Article 10 The bidder has the ability to prepare the bidding documents and to organize the evaluation of bids as stipulated in paragraph 2 of Article 12 of the Bidding and Tendering Law, which means that the bidder has the technical, economic and other professionals appropriate to the scale and complexity of the bidding project. Article 11 The qualifications of the bidding agent shall be recognized by the relevant departments in accordance with the law and the provisions of the State Council.
The State Council housing and urban-rural construction, commerce, development and reform, industry and information technology departments, in accordance with the prescribed division of responsibilities for the bidding agency supervision and management according to law. Article XII of the bidding agency shall have a certain number of professionals with the preparation of bidding documents, the organization of bid evaluation and other appropriate capabilities. Article 13 the bidding agency in its qualification license and the bidder entrusted within the scope of the bidding agency business, any unit or individual shall not unlawfully interfere.
The bidding agent agency bidding business, shall comply with the bidding and tendering law and the provisions of these regulations on the bidder. The bidding agency shall not bid or act as a bidder in the bidding project it is acting as an agent for, nor shall it provide advice to the bidders of the bidding project it is acting as an agent for.
The bidding agency shall not alter, rent, lend or transfer the qualification certificate.