Measures for the administration of tendering and bidding in Liaoning Province

Chapter I General Provisions Article 1 In order to strengthen the management of bidding activities, maintain the bidding market order, protect the national interests, social public interests and the legitimate rights and interests of the parties involved in bidding activities, and promote the sustained and healthy development of the economy, these Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) (hereinafter referred to as the Bidding Law) and the relevant provisions of the state, combined with the actual situation of our province. Article 2 The Bidding Law and these Measures shall apply to the bidding activities within the administrative area of this province. Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality and good faith. Fourth provinces, cities and counties (including county-level cities and districts, the same below) development planning administrative departments responsible for the guidance and coordination of bidding activities within their respective administrative areas.

Trade, construction, water conservancy, transportation, education, land and resources, information industry and other administrative departments. Responsible for the supervision and law enforcement of bidding activities of industry and industrial projects respectively. Article 5 No unit or individual may break up the projects that must be subject to bidding according to law or evade bidding in any other way.

No unit or individual may illegally restrict or exclude legal persons or other organizations outside the local area or system from bidding. Chapter II Bidding Article 6 If the following engineering construction projects, including survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, meet one of the scale standards stipulated in Article 12 of these Measures, bidding must be conducted:

(1) Infrastructure and public utility projects related to public interests and public safety;

(2) Projects invested with state-owned funds;

(3) Projects invested by the state;

(4) Projects using funds from international organizations or foreign governments;

(5) Projects using state-owned land and mineral resources.

Where the law or the State Council has provisions on the scope of other projects that must be subject to tender, such provisions shall prevail. Article 7 The scope of infrastructure projects involving public interests and public safety:

(a) coal, oil, natural gas, electricity, new energy projects;

(two) railways, highways, pipelines, water transport, aviation and other transportation projects;

(3) postal services, telecommunications hubs, communication and information network projects;

(four) flood control, irrigation, drainage, water diversion (supply), beach management, soil and water conservation, water conservancy projects;

(five) roads, bridges, subway and light rail transportation, sewage discharge and treatment, garbage disposal, underground pipelines, public parking lots;

(6) Ecological environment protection projects;

(7) Land and mineral resources projects;

(8) Other infrastructure projects. Article 8 The scope of public utility projects related to social public interests and public safety:

(a) water supply, power supply, gas supply and heating projects;

(2) Science and technology, education and cultural projects;

(3) Sports and tourism projects;

(4) Health and social welfare projects;

(5) Commercial housing projects;

(6) Other public utility projects. Article 9 The scope of investment projects using state-owned funds:

(1) Projects using budgetary funds;

(two) the use of government special construction funds included in the comprehensive financial budget management projects;

(three) the use of state-owned enterprises and institutions of their own funds, and the state-owned assets investors actually have control over the project. Article 10 The scope of state-funded projects:

(1) Projects financed by bonds issued by the state;

(two) the use of foreign loans or guarantees to raise funds for the project;

(three) the use of national policy loans;

(4) Projects authorized by the state to be invested by investors;

(5) Financing projects chartered by the state. Article 11 The scope of projects using funds from international organizations or foreign governments:

(1) Projects using loans from international organizations such as the World Bank and the Asian Development Bank;

(2) Projects using loans from foreign governments and their institutions;

(3) Projects that use aid funds from international organizations or foreign governments. Article 12 The scale standards for projects within the scope specified in Articles 7 to 11 of these Measures, including project survey, design, construction, supervision and procurement of important equipment and materials related to the project, are as follows:

(a) the estimated price of a single construction contract is more than 2 million yuan;

(two) the estimated purchase price of important equipment, materials and other goods and individual contracts is more than 6,543,800 yuan;

(three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 500,000 yuan;

(four) the estimated price of a single contract is lower than the standards stipulated in the previous three items, but the total investment of the project is more than 30 million yuan. Thirteenth the following projects may not be subject to tender:

(a) projects involving national security and state secrets;

(2) Emergency rescue and disaster relief projects;

(three) the use of poverty alleviation funds to implement work-for-poverty projects that require the use of migrant workers and other special circumstances;

(four) with the approval of the competent department of the project, the survey and design of the project adopts specific patents or proprietary technologies, or the project has special requirements for architectural art modeling;

(five) other projects that can be exempted from bidding as stipulated by the state.

In accordance with the provisions of the preceding paragraph, construction projects may not be subject to tender. When submitting the feasibility study report of an engineering construction project, it shall submit an application for not inviting tenders, explain the reasons for not inviting tenders, and obtain the consent of the project examination and approval department.