The Bidding Law stipulates the scope and scale standards of mandatory bidding for engineering and construction projects. The scope of mandatory bidding involves engineering and construction projects, government procurement projects, international procurement regulations for electromechanical products, scientific research projects, concessions, mineral resources, pharmaceutical procurement and other fields. This chapter mainly introduces the engineering construction projects, government procurement projects, mechanical and electrical products international procurement projects of three categories.
1) engineering construction projects. Bidding Law and its implementing regulations, the State Council Development and Reform Department, in conjunction with the relevant departments to develop the "scope of the tender for engineering and construction projects and scale standards regulations" reported to the State Council for approval and implementation. From the project public **** attributes, sources of funds and project scale standards and other elements, to determine the law must be bidding the scope and content of the engineering and construction of trivial (Figure 1-1) The specific scope and content include:
① the relationship between the public **** interests of the community, public safety, infrastructure and public utilities, and other projects;
② the use of state-owned funds, in whole or in part, or the state financing investment projects;
3 projects using international organizations or foreign government funds, loans, assistance funds.
The above scope of the construction project, including project investigation, design, construction, supervision and procurement of equipment and materials related to construction, to meet one of the following criteria, must be based on the Bidding Law and its implementing regulations for bidding:
① construction of a single contract with an estimated price of more than 2 million yuan;
② important equipment, materials Procurement of important equipment, materials and other goods, the estimated value of a single contract is more than 1 million yuan;
③ survey, design, supervision and other services, the estimated value of a single contract is more than 500,000 yuan;
4 belong to the scope of the project is required by law to bidding, and in the form of tentative estimates (without substantial competition) included in the scope of the general contracting of the project engineering, goods, services and reach the scale standards specified above, shall be subject to bidding in accordance with the law.
It should be noted that the "Scope and Scale Standards for Tendering of Construction Projects" is being revised, which may result in the following adjustments: the above scale standards for the estimated price of a single contract will increase the amount; the use of private funds to invest in some of the construction projects will be exempted from mandatory bidding; a project can be combined with the organization of the implementation of the procurement and the combined amount of the project to reach the scale standards for works, goods and services, even if decentralized procurement should be tendered. Even decentralized procurement should be tendered.
2) Government procurement projects. Government Procurement Law provides for the use of financial funds for procurement by the State Council and the provincial and municipal people's governments since the centralized purchasing directory formulated in accordance with the law, or the procurement of goods and services above the limit standard, and to reach the amount of public tendering standards should be open tendering; casting to reach the amount of public tendering standards for the project, according to the characteristics of the project need to be used to invite bidding, or the use of competitive negotiation, request for quotations, single-source, competitive construction of the project. Single-source, competitive construction and other procurement methods, the details of which are set out in Chapter VIII of this book.
3) international procurement of electromechanical products. According to the Ministry of Commerce, "Measures for the Implementation of International Bidding for Electromechanical Products (for Trial Implementation)"
(Ministry Decree [2014] No. 1), according to the law must be international bidding for electromechanical products in addition to the country of procurement projects include the following three categories:
The first category is the scope of construction projects must be tendered according to law for the procurement of electromechanical products with an origin outside the customs territory of China;
The second category is Government procurement project goods to reach the limit of public bidding standards for the procurement of mechanical and electrical products of Chinese origin outside the customs territory;
The third category is other in accordance with the provisions of laws and administrative regulations require international bidding for the procurement of mechanical and electrical products. Electromechanical products in addition to the size of the bidding standards in accordance with the State Council, "the scope of bidding for engineering and construction projects and size of the standard provisions" regulations.