Chapter 1 General Provisions Article 1 These measures are formulated in accordance with the Tendering and Bidding Law of the People's Republic of China and relevant laws and administrative regulations and in combination with the actual conditions of this province. Article 2 These Measures shall apply to bidding activities within the administrative region of this province. Article 3 The administrative department for development planning of the Provincial People's Government shall guide and coordinate the bidding activities within the administrative region of the province, formulate comprehensive regulations on bidding and bidding together with the relevant administrative departments, submit them to the Provincial People's Government for approval, and conduct bidding activities for key construction projects in the province. Carry out supervision and inspection.
The construction administrative department of the Provincial People's Government is responsible for the supervision of bidding activities for various housing construction projects within the administrative region of the province. The administrative department of foreign trade and economic cooperation of the Provincial People's Government is responsible for the supervision of bidding activities for imported electromechanical equipment procurement projects within the administrative region of the province.
The economic and trade, water conservancy, transportation, agriculture, science and technology, information industry and other departments of the Provincial People's Government shall, in accordance with their respective responsibilities, be responsible for the supervision of bidding activities for relevant industries and industrial projects within the administrative region of the province.
The relevant administrative departments of the municipal and county (district) people's governments shall, in accordance with their respective responsibilities, be responsible for the supervision of bidding activities within their respective administrative regions. Chapter 2 Bidding and Tendering Article 4 Infrastructure, public utilities and other projects related to social public interests and public safety, projects that are fully or partially invested with state-owned funds or national or provincial financing, use loans from international organizations or foreign governments , aid-funded projects, including project survey, design, construction, supervision and the procurement of important equipment and materials related to project construction, must be tendered if they meet one of the following standards:
(1) The estimated price of a single construction contract is more than 1 million yuan;
(2) The estimated price of a single contract for the purchase of important equipment, materials and other goods is more than 500,000 yuan;
(3) For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than 300,000 yuan; (4) The estimated price of a single contract is lower than those in items (1), (2), (3) The standard specified in item (3), but the total investment amount of the project is more than 5 million yuan.
If the specific scope and scale standards of the projects that must be invited for bidding need to be adjusted according to the actual situation, the development planning administrative department of the Provincial People's Government, together with the relevant administrative departments, will put forward opinions in accordance with relevant national regulations and report them to the Provincial People's Government. Published after government approval. Article 5 For projects that require bidding according to law, if the project approval procedures need to be completed in accordance with relevant national regulations, the construction unit shall, when submitting the project feasibility study report to the project approval department, formulate the project's bidding method, bidding organization form and national The bidding scope of investment projects shall be submitted to the project approval department for approval.
After project approval, the project approval department shall notify the relevant administrative department in writing of the determined bidding method, bidding organization form, bidding scope, etc. within 15 days. Article 6 For projects that require bidding according to law, bidding may not be conducted if one of the following circumstances occurs;
(1) It involves national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to implement work-for-relief projects , need to use migrant workers and other special circumstances;
(2) The survey and design of construction projects adopt patented or proprietary technologies, or have special requirements for architectural art modeling, and have been approved by the project management department Approved;
(3) Other circumstances stipulated in laws, regulations and rules.
For projects that are not subject to bidding as stipulated in the preceding paragraph, the construction unit shall submit an application for non-bidding and explain the reasons when submitting the feasibility study report. Article 7 For projects that require bidding according to law, if all state-owned funds are used or state-owned funds occupy a controlling or dominant position, public bidding shall be conducted.
Article 8 For key construction projects determined by the Provincial People's Government, if one of the following circumstances occurs, invitation bidding may be conducted with the approval of the Provincial People's Government:
(1) Due to the technical complexity of the project or special requirements;
(2) There are special requirements for the protection of proprietary technology and patent rights;
(3) It is not suitable for public bidding due to natural resource or environmental restrictions and other reasons.
The specific procedures for inviting bids stipulated in the preceding paragraph shall be separately stipulated by the development planning administrative department of the Provincial People's Government. Article 9 If the tenderer handles tendering matters on its own, it shall have the ability to prepare tendering documents and organize bid evaluations as prescribed by the state.
For projects that require bidding according to law, if the tenderer handles the bidding matters on his own, he shall file a record with the relevant administrative department 7 days before issuing a bidding announcement or issuing a bidding invitation. Article 10 The qualification determination of bidding agencies shall be handled in accordance with the following provisions:
(1) The qualifications of bidding agencies engaged in bidding agency business for various engineering construction projects shall be determined by the construction administrative department of the Provincial People's Government in accordance with the regulations Relevant national regulations shall be followed;
(2) The qualifications of bidding agencies engaged in the procurement and bidding agency business of imported electromechanical equipment related to engineering construction shall be handled by the foreign economic and trade administrative department of the Provincial People's Government in accordance with relevant national regulations;
(3) The qualifications of bidding agencies engaged in other bidding agency business shall be determined by the relevant administrative departments of the Provincial People's Government based on their respective responsibilities according to their management authority.
The relevant administrative departments shall notify the development planning administrative department of the Provincial People's Government within 15 days after identifying the bidding agency in accordance with the law, and publish the relevant information of the bidding agency to the public.