No unit or individual may illegally restrict or exclude legal persons or other organizations outside the local area or unit from participating in construction bidding according to law. Article 4 No unit or individual may break up the project that must be subject to construction bidding into parts or evade bidding in any other way.
No unit or individual may require the tenderee to contract the construction project to its designated unit or individual on the condition of land acquisition, demolition, design, advance payment and introduction of construction land, or on the grounds of water supply, power supply, gas supply, communication and fire control, or require the winning bidder to subcontract the sub-project construction of the winning project to its designated unit or individual. Article 5 The development and reform department shall be responsible for guiding and coordinating the tendering and bidding activities of construction projects, and examining and approving whether the construction projects are invited for bidding, and the methods and scope of bidding according to the nature and management authority of the projects.
Construction administrative departments shall supervise, manage and guide the bidding activities of various buildings and their ancillary facilities and municipal engineering projects.
Traffic, water conservancy and other relevant administrative departments shall, in accordance with their respective responsibilities, supervise and manage the construction bidding activities of related professional construction projects.
The administrative supervision department shall supervise the participation of tenderers, bidders, service agencies, state organs and their staff in bidding activities according to law, and investigate and deal with illegal bidding activities in conjunction with relevant departments. Article 6 If the parties or other interested parties to the bidding activities think that the bidding activities do not conform to the relevant provisions of the Bidding Law of People's Republic of China (PRC) and these Regulations, they have the right to complain and report to the administrative supervision department and other relevant state organs, and the relevant departments shall promptly investigate and deal with them and reply to the complainant and informant. Chapter II Scope and Method of Bidding Article 7 Unless otherwise stipulated in these Regulations, construction bidding must be conducted for a construction project under any of the following circumstances:
(a) the estimated investment of a single construction contract is more than one million yuan or the construction area is more than 1500 square meters;
(two) the estimated investment of a single construction contract is lower than the above standards, but the estimated total investment of the project is more than10 million yuan. Eighth construction projects that must be subject to construction bidding, in any of the following circumstances, unless otherwise provided by laws, regulations and these Regulations, shall be open to tender:
(a) all use of state-owned funds for investment;
(2) State-owned capital investment occupies a controlling or leading position;
(3) Other circumstances in which public bidding is required by laws and administrative regulations.
Public funds raised by issuing lottery tickets, collecting donations and other forms or using collective funds for project construction shall be subject to construction bidding in accordance with the projects invested and constructed by state-owned funds. Article 9 In case of any of the following circumstances, a construction project that must be subject to construction bidding may be invited to bid with the approval of the project examination and approval department according to the nature and management authority of the project:
(a) the state-owned funds are not all used for investment, or the state-owned funds do not occupy a controlling or leading position;
(two) the use of state-owned capital investment or state-owned capital investment in the holding or leading position, but not suitable for public bidding, including:
1, the construction technology of the construction project is complex or has special professional requirements, and only a few potential bidders can choose;
2. The cost and time required for public bidding are not commensurate with the value of the construction project and do not meet the requirements of economic rationality;
3. Limited by natural resources or environmental conditions;
4. Other circumstances stipulated by laws and administrative regulations that are not suitable for public bidding. Tenth construction projects that must be subject to construction bidding, in any of the following circumstances, according to the nature of the project and management authority, with the approval of the project examination and approval department, may not be subject to construction bidding:
(a) involving national security, state secrets or disaster relief;
(two) belongs to the use of poverty alleviation funds to implement the work for the relief, the need to use migrant workers;
(three) the main construction production 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 corresponding qualification grade and contracting ability, which is attached to the secondary project or the main storey-adding project that is inseparable from the main project;
(six) other circumstances in which construction bidding is prohibited by laws and administrative regulations. Eleventh the following construction projects whether to implement construction bidding, by investors to decide:
(a) wholly invested by foreign investors or private individuals;
(two) foreign or private investment holding;
(three) foreign investment or private investment accumulated more than 50% and state-owned capital investment is not dominant.