Legal analysis: The scope and method of bidding and contracting projects and the issuance of bidding announcements (1) All government investments (including government equity participation and government-provided investments using foreign loans for on-lending), state-owned and collective ownership Investments by units and their holdings, as well as projects invested by joint-stock enterprises controlled by state-owned and collectively owned units, except for confidential projects involving national security, emergency rescue and disaster relief and other special projects, and small projects below the quota stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government (other In addition to the limits on investment amount and construction area, which must be reported to the Ministry of Construction for record), bidding and contracting must be implemented. (2) Vigorously promote public bidding. Among the projects that require bidding and contracting, all projects that are invested by the government and state-owned enterprises and institutions with controlling investment by the government, state-owned enterprises and institutions must implement open bidding, and select the contractor on the basis of the principles of openness, fairness, and equal competition. If public bidding is implemented, the project legal person or the bidding supervision and management agency shall review the qualifications, financial status, and experience of undertaking similar projects of the units that apply for bids. Only those who pass the qualification review can participate in the bidding. For projects outside the scope specified in the previous paragraph of this article, invitational bidding may also be adopted. The bidding unit shall issue invitations to bid to no less than five units that meet the qualifications and invite them to participate in the bidding. Strictly limit negotiation. Projects using negotiated bidding are limited to a very small number of projects that involve patent protection, have only a small number of potential bidders to choose from, have no one sign up to bid after public or invitational bidding, and have other special requirements. The use of bid negotiation must be approved by the principal person in charge of the construction administrative department where the project is located (referring to the department determined by the local government to exercise project bidding supervision and management functions, the same below). (3) Projects that utilize loans or grants from foreign governments or international financial organizations should also adopt bidding and contracting. However, if the lender or grantor has special regulations, those regulations shall prevail. For projects outside the scope specified in Article (1) of these regulations, the project legal person shall decide independently which contracting method to choose. If bidding is used to award contracts, the bidding shall be organized in accordance with prescribed procedures and methods. (4) For projects subject to public bidding, bidding announcements must be published in the tangible construction market (i.e., the construction project trading center) or in newspapers and periodicals designated by the construction administrative department. Bidding announcements may also be published in other national or foreign newspapers and periodicals at the same time. We must actively create conditions to gradually implement computer networking for engineering information. For projects that implement invitational bidding, bidding information shall also be published in the tangible construction market, and the bidding unit shall issue bidding invitations to units that meet the contracting conditions.
Legal basis: Article 79 of the "Construction Law of the People's Republic of China" shall be ordered by the superior authority to make corrections and the responsible personnel shall be given administrative sanctions; if a crime is constituted, criminal liability shall be investigated in accordance with the law; causing In case of loss, the department shall bear corresponding liability for compensation.