Cities, counties (cities, districts, hereinafter the same) development and reform of the administrative department is responsible for guiding, comprehensively coordinating and supervising the work of bidding and tendering in the administrative region. Article V provincial, municipal and county people's governments of the relevant administrative departments (hereinafter collectively referred to as the administrative supervision department) in accordance with their respective division of labor, the bidding and tendering activities to supervise, accept complaints, investigate and deal with violations of laws and regulations in the bidding and tendering activities:
(a) the construction of administrative departments to supervise the various types of housing buildings and their ancillary facilities and supporting lines, pipelines, equipment installation projects, as well as the municipal projects of the bidding and tendering activities;
(ii) economic and trade administrative departments to supervise the bidding and tendering activities of enterprise technology transformation projects;
(iii) land and resources administrative departments to supervise the bidding and tendering activities of the land use right transfer;
(iv) water conservancy, transportation, agriculture, forestry, marine and fisheries, environmental protection, science and technology, information industry and other administrative departments to supervise the bidding and tendering activities of the corresponding industry.
The bidding and tendering activities of key provincial construction projects are supervised by the provincial development and reform administrative departments. Article 6 to establish and improve the bidding and tendering industry self-regulatory mechanism to strengthen industry self-discipline.
Encourage the establishment of cross-industry, cross-region bidding and tendering associations, to maintain the bidding and tendering market order, and to promote the bidding and tendering activities in an open, fair and just manner. Chapter II - Scope and Standards of Bidding Article 7 Bidding is mandatory for engineering and construction projects using the following funds, including project investigation, design, construction, supervision, consulting, project management, and procurement of equipment and materials related to the construction of the project, if they meet the prescribed standards:
(1) projects using budgetary funds of all levels of the treasury and all kinds of special governmental funds;
(2) projects using funds of state-owned enterprises and institutions, and The use of state-owned enterprises and institutions funds, and state-owned assets investors actually have control of the project;
(C) the use of state bonds issued by the state to raise funds or state policy loans for the project;
(D) government-authorized investment in projects financed by the main body;
(E) the use of the World Bank, the Asian Development Bank, and other international organizations, or foreign government loan projects;
(vi) projects using funds from international organizations or foreign government assistance. Article 8 The following projects meet the prescribed standards, the government and its relevant departments to select investors, operators or contractors, must be determined by means of bidding; laws and administrative regulations provide that can be determined by way of auction, etc., shall be subject to the provisions thereof:
(a) land, minerals and other limited natural resources development and utilization projects;
(b) water supply, gas supply, heating, public **** transportation, urban sewage and domestic waste disposal and other government franchise projects;
(iii) limited public **** resource allocation projects;
(iv) major scientific research projects organized or funded by the government. Article 9 The specific scope and scale standards of the projects listed in Articles 7 and 8 of these Regulations shall be prescribed by the provincial people's government in accordance with the relevant laws and regulations and the actual situation in the province. Article 10 In addition to the projects for which bidding is mandatory under the provisions of the State and these Regulations, the relevant units and individuals may voluntarily adopt the method of bidding for the construction of projects and the procurement of goods and services. Chapter III Tendering and Bidding Article 11 Projects that must be tendered in accordance with the law shall comply with the conditions prescribed by laws and regulations. The bidder shall organize bidding in accordance with the scope of bidding and bidding method approved by the project approval department or the approval department (hereinafter collectively referred to as the project approval department).
The project approval department shall inform the relevant administrative supervisory department of the approved scope and mode of bidding. Article 12 Bidding is divided into public bidding and invitation to bid.
Projects that must be tendered shall be openly tendered, but in one of the following cases, tenders may be invited:
(1) the project is technically complex or has special requirements, only a few potential bidders to choose from;
(2) involves national security, state secrets, or rescue and relief, suitable for bidding, but is not suitable for open tendering;
(3) Laws and regulations provide for other circumstances that are not suitable for public bidding.
The projects stipulated in the preceding paragraph, belonging to the provincial key engineering construction projects, the invitation to tender shall be approved by the provincial people's government; other projects, the invitation to tender shall be approved by the project approval department; laws and administrative regulations on the approval of the main body of the other provisions, from its provisions. Article 13 The bidder shall have the right to select its own bidding agent with qualifications of the organization, entrusted to handle the bidding. Any unit or individual shall not in any way for the bidder to designate the bidding agent.
The bidder entrusts the bidding, shall sign a written entrustment agreement with the bidding agent, clear rights and obligations of both parties.
The bidder shall not put forward requirements for the bidding agent that do not comply with the provisions of laws and regulations, and shall not collude with the bidding agent to harm the interests of the state, the interests of the social public **** and the legitimate rights and interests of others.