(b) belong to the use of poverty alleviation funds to implement the need for the use of migrant workers; (c) construction of the main technology to use a specific patented or proprietary technology;
(d) the construction of construction enterprises to build their own projects, and the construction of the enterprise's qualification level meets the requirements of the project;
(e) additional ancillary minor works or main body of the project under construction, the original successful bidder still has the ability to contract;
(f) other cases stipulated by laws and administrative regulations.
The projects specified in the preceding paragraph is not bidding, shall put forward the reasons for not bidding, approved by the project review department; project review department only approves the project, the approval of the relevant administrative supervision departments; belonging to the key projects of the province, shall be approved by the provincial people's government. Chapter III Bidding and Tendering Article 10 In accordance with the provisions of these regulations must be bidding for investment projects, the project owner shall submit the scope of bidding, bidding methods, bidding organization form to the project review department for approval. The project examination and approval department shall make an approval within 10 working days, and at the same time copy the approval document to the relevant administrative department. Bidding shall be in accordance with the approved bidding content of the organization of bidding, do need to change the approved bidding content, shall re-approval procedures. Article 11 One of the following circumstances, approved by the project review department, may invite bidding; project review department only approve the establishment of the project, the relevant administrative supervision department for approval: (a) involving national security, state secrets, technical secrets or disaster relief, suitable for bidding, but not suitable for public bidding; (b) the project's technical, professional, or environmental and resource conditions are special, eligible for potential Limited number of eligible potential bidders; (C) limited by natural factors, such as the use of public bidding, will affect the timing of project implementation; (D) laws and regulations provide otherwise. Invitation to tender for national key projects shall be approved by the national development and reform department; invitation to tender for local key projects determined by the provincial people's government shall be approved by the provincial people's government, or the provincial people's government shall authorize the provincial development and reform department to approve the project; invitation to tender for local key projects determined by the state people's government shall be verified by the state development and reform department and reported to the state people's government for approval. Bidders using the invitation to tender, there shall be more than three have the ability to undertake the bidding project, and has the corresponding qualifications of a particular legal person or other organization to participate in the bidding. Article 12 Where public tendering is required by law, the bidder shall, in accordance with the provisions of the national and provincial people's government designated media, publish a tender notice. In two or more media to publish the same project bidding announcement, the content of the announcement shall be consistent. Article 13 must bidding project, the bidder meets the following conditions, you can bidding: (a) with the project legal person qualification (or legal personality); (b) with the scale and complexity of the bidding project scale and complexity of the project technology, budget, finance and project management and other aspects of professional and technical force; (c) engaged in the bidding of the same type of construction projects, experience; (d) with a special bidding agency Or has more than three full-time bidding business personnel; (e) familiar with and master the bidding law and relevant regulations and rules. If the bidder solicits bids on its own, the project legal person shall, when declaring the approval of the scope of bidding, bidding method and form of bidding organization, submit the relevant written materials conforming to the provisions of the preceding paragraph. Article 14 The bidder entrusts the bidding, shall entrust the bidding agency with statutory qualifications, and sign a written commission agreement with it, to clarify the rights and obligations of both parties. Any unit or individual shall not in any way for the bidder to designate the bidding agent. Belonging to the government investment projects that must be bidding according to law, shall determine the bidding agent through competition and other fair competition. Article 15 The bidder shall not put forward to the bidding agent does not meet the requirements of the bidding laws and regulations, shall not collude with the bidding agent to harm the national interests, social public **** interests and the legitimate rights and interests of others. Bidding agency shall abide by the principle of voluntary equality for the bidding activities to provide services, in accordance with the relevant provisions of the state and the province charges, shall not be mandatory for the bidder to accept the service. Article 16 No unit or individual shall unlawfully restrict or exclude potential bidders by industry or regional access conditions or other unreasonable conditions, and shall not apply discriminatory treatment to potential bidders. The bidder shall not put forward excessive qualification level requirements for potential bidders that are inconsistent with the actual requirements of the bidding project. Where it is necessary to review the qualifications, performance and creditworthiness of potential bidders, it shall be set out in the bidding notice or invitation to bid and other documents, and the corresponding review standards and methods shall be clearly defined. Except for government investment projects constructed by BOT, BOOT, BOO, no other projects shall be contracted for construction projects with capital or advances as a condition for bidding. Article 17 The need for bidders to pay a bid deposit or provide other forms of security shall be set forth in the bidding documents. Bid security shall generally not exceed 2% of the estimated value of the bid, the maximum shall not exceed 800,000 yuan. Among them, the construction bidding shall not exceed a maximum of 500,000 yuan, survey, design bidding shall not exceed a maximum of 100,000 yuan. Article 18 For projects that must be tendered in accordance with the law, the bidding notice stipulates that the time for registration of bidders shall not be less than five working days from the date of publication of the bidding notice; and the time for the sale of bidding documents shall not be less than five working days. Article 19 construction, equipment bidding to encourage the implementation of reasonably low price and no bidding. The implementation of the tender without a bidding should be used as the maximum price of the bidding price. Does require the use of bidding with a bidding, bidding and bidding process should be kept confidential, no one shall not disclose before the opening of the bid. Any unit or individual shall not force the bidder to prepare or report the bidding, and intervene in its determination of the bidding. Article 20 All qualified engineering survey, design, construction, decoration, equipment and material supply and supervision units may apply to participate in the bidding of engineering and construction projects appropriate to their qualification level and business scope. Article 21 Bidders shall not collude with each other in bidding or participate in bidding in the name of others. The following acts are collusive bidding: (1) bidders agree with each other to raise or lower the bidding price;
(2) bidders agree with each other to quote high, medium and low prices respectively in the bidding project;
(3) bidders carry out internal bidding among themselves to determine the winner internally before participating in the bidding;
(4) other collusive bidding among the bidders Offer behavior. Article 22 prohibits the following acts on the part of the bidder or bidding agent: (1) opening the bidding documents before the opening of the bids and informing other bidders of the contents of the bidding documents or assisting the bidders in withdrawing or altering the bidding documents; (2) divulging the bidding price to the bidders; (3) agreeing with the bidders to lower or raise the bidding price at the time of the bidding or to give additional compensation to the bidders or bidders after the winning of the bidding; (4) pre internal determination of the winning bidder; (v) other violations of laws and regulations.