Regulations of Liaoning Province on Bidding Management of Construction Projects (200 1 Revision)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Construction Law of People's Republic of China (PRC) and in light of the actual situation of this province in order to strengthen the management of bidding for construction projects, maintain the order of the construction market, ensure the quality of projects, improve investment efficiency and protect the legitimate rights and interests of the parties involved in bidding. Article 2 Construction projects mentioned in these Regulations refer to housing construction, civil engineering, architectural decoration, equipment installation, pipeline laying and other projects. Article 3 These Regulations shall apply to the tendering and bidding activities of general contracting, survey, design and construction of construction projects and the supply of important building materials and equipment within the administrative area of this province.

Supervision bidding bidding for construction projects shall be implemented with reference to these regulations. Article 4 Bidding activities must follow the principles of openness, fairness, fair competition and merit selection, and are not restricted by regions, departments and forms of ownership.

No unit or individual may designate a project subject to tender for any reason, and may not interfere with the bid-winning result determined in accordance with regulations. Fifth provincial and municipal construction administrative departments are the competent departments of the people's government at the same level in charge of bidding for construction projects, and the provincial and municipal bidding management institutions are specifically responsible for the management of bidding for construction projects within their respective administrative areas.

Other relevant government departments shall, according to their respective responsibilities, participate in the bidding management of construction projects in accordance with the relevant provisions of the state. Chapter II Bidding Article 6 A bidder for a construction project shall meet the following conditions:

(1) Having economic, technical and managerial personnel suitable for the project subject to tender;

(two) the ability to organize the preparation of bidding documents and pre-tender estimate;

(3) Having the ability to examine the qualifications of bidders;

(4) Having the ability to organize bid opening, bid evaluation and bid selection.

If the conditions specified in the preceding paragraph are not met, an intermediary service institution with corresponding qualifications recognized by the tendering and bidding management institution must be entrusted to bid as an agent.

An intermediary service institution may not accept the entrustment of both the tendering unit and the tendering unit for the same construction project. Article 7 A construction project subject to tender shall generally meet the following conditions:

(a) the project has been formally included in the national, departmental or local annual fixed assets investment plan;

(2) Having gone through the project construction procedures;

(3) The construction land has been requisitioned;

(4) Obtaining a license for investment in fixed assets according to law;

(five) the construction funds have been implemented.

The specific conditions for general contracting, survey, design and construction of construction projects shall be separately determined by the provincial construction administrative department in accordance with these regulations. Article 8 Bidding may be conducted in the following ways:

(1) public bidding: the tendering unit issues a tender announcement through the news media;

(2) Invitation to bid: The bid inviting unit issues a bid invitation letter to the unit whose qualification meets the project requirements.

There shall be no less than five bidding units participating in public bidding and inviting bidding. Article 9 All projects invested by the government (including investment in government shares and investment in foreign loans guaranteed by the government) and new construction, expansion, reconstruction and technical transformation invested by state-owned enterprises, institutions, collective enterprises and enterprises with dominant public property rights, with a total investment of more than 2 million yuan or a construction area of more than 2,000 square meters, must be subject to bidding and contracting. Special projects such as confidential projects involving national security, emergency rescue and disaster relief confirmed by the people's governments at or above the county level may not be subject to tender.

Whether or not to invite tenders for construction projects with wholly foreign-owned and domestic private investment or investment and construction area not up to the quota shall be decided by investors themselves. These regulations must be implemented when bidding and contracting.

Projects that use foreign grants and loans from international financial organizations can be invited for international bidding. Unless otherwise provided by laws and regulations, these Regulations shall apply to international bidding activities within the administrative area of this province.

The direct contracting of engineering projects shall be filed with the tendering and bidding management institution. Tenth provincial and directly under the central government in Liaoning construction units, with a total investment of more than 30 million yuan of project bidding, examination and approval by the provincial bidding management institutions; The bidding of other projects shall be examined and approved by the municipal bidding management institution. Eleventh construction projects to take public, invited tenders, must be carried out in accordance with the following procedures:

(1) The bid inviting unit submits a bid invitation application to the bidding management institution and declares the fluctuation range of the bid price;

(two) the tender unit shall prepare the tender documents and submit them to the tender management institution for review;

(three) the tender unit issued a tender announcement or invitation to bid;

(four) the tender unit shall examine the qualifications of the applicant, report to the tender management agency for approval, notify the qualified bidders, and issue the tender documents to them;

(five) the tenderer shall organize on-site investigation and answer questions;

(six) the tender unit shall organize the preparation of the pre-tender estimate, establish the bid evaluation organization, formulate the bid evaluation and calibration methods, and report them to the tender management agency for review;

(seven) the tenderer shall submit the tender to the tenderer;

(eight) the tender unit held a bid opening meeting, organized bid evaluation and selection, and decided the winning bidder;

(9) The bid inviting unit shall submit the bid evaluation materials and reports to the bidding management institution, and apply for issuing the bid-winning notice.

Bidding by negotiation shall refer to the procedures specified in the preceding paragraph.