(1) Bidding for survey and design
1, major buildings, memorial buildings and large sculptures in important urban areas and along the street;
2. Public buildings and residential projects above designated size;
3, large and medium-sized infrastructure, public utilities and other projects related to social interests and public safety.
(two) construction, supervision and procurement bidding of important equipment, materials and other ancillary equipment related to engineering construction.
1, using state-owned funds to invest or state-funded construction projects above designated size;
2, other channels to invest in large and medium-sized infrastructure, public utilities and other projects related to social interests and public safety.
Other construction projects other than those specified in the preceding paragraph and confidential projects that are not suitable for bidding and contracting can be directly contracted by the construction unit. 4. One article is added as Article 12: "If all the projects that must be subject to tender according to law are invested by state-owned funds or state-owned funds occupy a controlling or leading position, public bidding shall be conducted. If the key construction projects determined by the development planning department of the State Council and the people's government of the autonomous region are not suitable for public bidding, they may be invited for bidding with the approval of the development planning department of the State Council or the people's government of the autonomous region. No other department, unit or individual may, in violation of the provisions of Article 11 of these regulations, expand the scope of bidding without authorization, or directly contract out the projects that should be invited for bidding. " 5. Article 13 is renumbered as Article 14, and item (1) is amended as: "The tenderee issues a tender announcement or an invitation to bid, organizes the preparation of prequalification documents, tender documents and project pre-tender, issues tender information, prequalifies bidders, and organizes on-site reconnaissance". 6. Article 14 is renumbered as Article 15, and the first paragraph is amended as: "The bid opening, bid evaluation and bid selection of construction projects shall be organized and implemented by the construction unit according to law, and shall be subject to the supervision of the construction administrative department and other relevant departments". 7. Article 16 is renumbered as Article 17, and item (3) is amended as: "Directly contracting the project that should be contracted by tender or breaking it into parts to avoid bidding; Conduct public bidding for projects that should be publicly tendered. "
Item (4) is amended as: "disclosing or providing the design scheme and relevant information of this bidder to other bidders, or colluding with bidders to make false bids".
One item is added as Item (8): "Dividing by department, system or region, or setting examination conditions beyond the provisions of laws and regulations, restricting or excluding potential bidders from bidding, or discriminating against potential bidders". Eight, seventeenth amended as eighteenth, by deleting the third paragraph. 9. Article 21 is renumbered as Article 22, and item (1) is amended as: "Undertaking projects beyond the qualification level and business scope, or using the qualification certificates of other units to undertake projects, or allowing others to undertake projects in the name of their own units;"
Delete item (9). Ten, twenty-fourth to twenty-fifth, amended as: "the following construction projects must be supervised:
(a) key construction projects of the state and the autonomous region;
(2) Large and medium-sized public utility projects;
(3) Residential projects above designated size;
(4) Projects using loans or aid funds from foreign governments or international organizations;
(five) other projects that must be supervised by the state and the autonomous region. 1 1. Article 26 is changed to Article 27, which is amended as: "The contracting, contracting and intermediary services of construction projects shall be signed in writing by using or referring to the contract text formulated by the state, and shall be reported to the administrative department for industry and commerce, the competent construction administrative department or other relevant departments for the record. The department that accepts the filing shall investigate and deal with illegal acts that use contracts to endanger the public interests of the state and society according to law. " 12. Article 27 is amended as Article 28, and it is deleted: "The entrusted supervision contract for a construction project subject to supervision shall not violate the agreement." Thirteen. Article 30 is renumbered as Article 31 and amended as: "The construction period of a construction project shall be agreed by the employer in the construction project contract with reference to the construction period quota. Shortening the construction period should be scientific and reasonable to ensure the quality and safety of the project, and the employer should pay the contractor the increased cost of the construction period in advance. " XIV. Article 31 is renumbered as Article 32 and amended as: "The contractor shall strictly perform the construction project contract signed according to law and bear the liability for breach of contract.
If the employer fails to pay the project progress payment in time as agreed in the contract, the contractor has the right to suspend the construction activities such as survey, design and construction; If the employer fails to pay the project price as agreed in the contract, the contractor may urge it to pay within a time limit; If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the construction project, or apply to the people's court for auction of the construction project according to law, except that it is not suitable for discount or auction according to the nature of the construction project, and the contractor shall give priority to the payment of the construction project discount and auction.
If the contractor fails to complete the contract task according to the quality standard and time limit agreed in the contract, the employer has the right to deduct the project payment. "