Article 1 These Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) in order to standardize the bidding activities of survey and design projects of engineering construction projects, improve the investment benefit and ensure the engineering quality.
Article 2 These Measures shall apply to the tendering and bidding activities for survey and design of engineering construction projects in People's Republic of China (PRC).
Article 3 If a construction project meets the scope and standards stipulated in the Standard Provisions on the Scope and Scale of Bidding for Construction Projects (Order No.3 of the State Planning Commission), it must be invited for bidding in accordance with these Measures.
No unit or individual may break up projects that must be subject to bidding according to law or evade bidding in any other way.
Article 4 Under any of the following circumstances, the project survey and design may not be subject to tender after being examined and approved by the project examination and approval department:
(a) involving national security, state secrets, emergency rescue and disaster relief, or the use of migrant workers because of special circumstances such as the use of poverty alleviation funds to implement work-for-relief, which is not suitable for bidding;
(two) the use of irreplaceable patents or proprietary technology of the main technology, or its architectural art form has special requirements;
(three) the purchaser can survey and design according to law;
(4) Investors in franchise projects selected by means of bidding may conduct their own survey and design according to law;
(five) the technology is complex or professional, and there are less than three survey and design units that can meet the conditions and cannot form effective competition;
(six) the completed project needs modification, expansion or technical transformation, and the design of other units affects the functional compatibility of the project;
(seven) other special circumstances stipulated by the state.
Fifth survey and design bidding work by the tenderer. No unit or individual may illegally interfere in bidding activities in any way.
Sixth development and reform, industry and information technology, housing and urban construction, transportation, railways, water conservancy, commerce, radio and television, civil aviation and other departments. All levels should supervise the bidding activities of construction projects in accordance with the Notice of the General Office of the State Council on Printing and Distributing the Opinions on the Division of Responsibilities for the Administrative Supervision of Bidding Activities of Relevant Departments in the State Council (Guo Ban Fa [2000] No.34) and the division of responsibilities stipulated by various localities, and investigate and deal with illegal acts in bidding activities according to law.
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