(two) belonging to the use of poverty alleviation funds to implement the work-for-work relief needs to use migrant workers; (thre
(two) belonging to the use of poverty alleviation funds to implement the work-for-work relief needs to use migrant workers; (three) the main construction technology adopts specific patents or proprietary technologies;
(four) the project built by the construction enterprise for its own use, and the qualification grade of the construction enterprise meets the engineering requirements;
(five) the original winning bidder still has the contracting ability of the affiliated small-scale project or the main storey-adding project of the project under construction;
(6) Other circumstances stipulated by laws and administrative regulations.
If the project specified in the preceding paragraph is not subject to public bidding, the reasons for not inviting public bidding shall be put forward and approved by the project audit department; If the project audit department only approves the project, it shall be approved by the relevant administrative supervision department; Belonging to the key projects of this province, it shall be approved by the provincial people's government. Chapter III Bidding Article 10 For an investment project that must be subject to bidding according to the provisions of these Regulations, the project legal person shall report the bidding scope, bidding method and bidding organization form to the project audit department for approval. The project audit department shall make a reply within 10 working days, and send a copy of the reply document to the relevant administrative departments. The tenderer shall organize the tender according to the approved tender contents, and if it is really necessary to change the approved tender contents, it shall go through the approval procedures again. Eleventh in any of the following circumstances, with the approval of the project audit department, you can invite tenders; If the project audit department only examines and approves the project, it shall be examined and approved by the relevant administrative supervision department: (1) It involves national security, state secrets, technical secrets or emergency rescue and disaster relief, and is suitable for public bidding; (two) the project is technical and professional, or the environment and resources are special, and the number of qualified potential bidders is limited; (3) Limited by natural factors, if public bidding is adopted, the timing of project implementation will be affected; (4) It is otherwise stipulated by laws and regulations. Invitation to bid for national key projects must be approved by the national development and reform department; Inviting tenders for local key projects determined by the provincial people's government shall be approved by the provincial people's government or approved by the provincial development and reform department authorized by the provincial people's government; Inviting tenders for local key projects determined by the Municipal People's Government shall be audited by the Municipal Development and Reform Department and reported to the Municipal People's Government for approval. Where a tenderer adopts the method of inviting tenders, there shall be more than three specific legal persons or other organizations with the ability to undertake the project subject to tender and corresponding qualifications to participate in the bidding. Twelfth in accordance with the law must be open tender, the tenderer shall issue a tender announcement in accordance with the provisions of the state and the media designated by the provincial people's government. If two or more media publish a tender announcement for the same project, the contents of the announcement shall be consistent. Article 13 If a project that must be subject to tender according to law meets the following conditions, the tenderer may invite tenders by himself: (1) It has the qualification of project legal person (or legal person); (2) Having professional technical forces such as engineering technology, budgetary estimate, finance and project management that are suitable for the scale and complexity of the project subject to tender; (3) Have bidding experience in similar projects; (4) Having a special tendering agency or having more than three full-time tendering professionals; (five) familiar with and master the bidding law and related laws and regulations. If the tenderer invites bids by himself, the project legal person shall submit relevant written materials in line with the provisions of the preceding paragraph when applying for the approval of the scope, method and organization of bidding. Article 14 Where a tenderer entrusts bidding, it shall entrust a bidding agency with legal qualifications and sign a written entrustment agreement with it to clarify the rights and obligations of both parties. No unit or individual may designate a tendering agency for the tenderee in any way. For government investment projects that must be subject to tender according to law, the bidding agency shall be determined through fair competition such as comparison and selection. Article 15 A tenderee shall not put forward requirements that do not conform to the provisions of laws and regulations on tendering and bidding to a tendering agency, and shall not collude with the tendering agency to harm the national interests, social public interests and the legitimate rights and interests of others. A procuratorial agency shall provide services for bidding activities in accordance with the principles of voluntariness and equality, and collect fees in accordance with the relevant provisions of the state and this province, and shall not force bidders to accept services. Article 16 No unit or individual may illegally restrict or exclude potential bidders on the basis of industry or regional access conditions or other unreasonable conditions, and may not discriminate against potential bidders. The tenderer shall not put forward to potential bidders an excessively high qualification grade that does not conform to the actual requirements of the project subject to tender. If it is necessary to review the qualifications, performance and credit standing of potential bidders, it shall be stated in the tender announcement or invitation letter and other documents, and the corresponding review standards and methods shall be clarified. Except for government investment projects built by BOT, BOOT and BOO, other projects may not be contracted with capital or advance capital as the tender conditions. Seventeenth bidders need to pay a bid bond or provide other forms of security, it should be stated in the tender documents. The bid bond generally does not exceed 2% of the estimated bid price, with a maximum of 800,000 yuan. Among them, the maximum bidding for construction is not more than 500,000 yuan, and the maximum bidding for survey and design is not more than 65,438+10,000 yuan. Eighteenth projects that must be subject to tender according to law, the time for bidders to register as stipulated in the tender announcement shall not be less than 5 working days from the date of publication of the tender announcement; The sale time of the tender documents shall not be less than 5 working days. Nineteenth construction and equipment bidding to encourage the implementation of reasonable low-cost bidding and non-base price bidding. In case of bidding without base price, the stop price shall be the highest price. If it is really necessary to adopt the pre-tender estimate, the pre-tender estimate and the pre-tender estimate preparation process shall be kept confidential, and no one shall disclose it before the bid opening. No unit or individual may force the tenderer to prepare or submit the pre-tender estimate for review, and may not interfere with the determination of the pre-tender estimate. Twentieth qualified engineering survey, design, construction, decoration, equipment and materials supply, supervision units, can apply to participate in the bidding of engineering construction projects that are suitable for their qualification level and business scope. Twenty-first bidders shall not collude with each other in bidding, and shall not participate in bidding in the name of others. The following acts are collusive bidding: (1) Bidders mutually agree to raise or lower the bid price;
(two) mutual agreement between bidders, respectively, in the project subject to tender to use high, medium and low prices;
(three) internal bidding between bidders, the default winning bidder, and then participate in the bidding;
(four) other collusion between bidders. Article 22 The following bidders or bidding agencies are prohibited from carrying out the following acts: (1) Opening the bidding documents before bid opening, informing other bidders of the contents of the bidding documents, or assisting bidders to replace or modify the bidding documents; (two) to disclose the pre-tender estimate to the bidder; (3) agreeing with the bidder to lower or raise the bid price when bidding, or giving the bidder or the tenderee additional compensation after winning the bid; (4) the winning bidder who breaches the contract in advance; (five) other acts in violation of laws and regulations.