The following construction projects within the administrative area of this Municipality, including project survey, design, construction, supervision, and procurement of important equipment and materials related to project construction, must be subject to tender if they meet one of the scale standards listed in Article 8 of these Provisions:
(1) Infrastructure, public utilities and other projects related to social interests and public safety;
(2) projects invested with state-owned funds or financed by the state;
(3) projects that use loans or aid funds from international organizations or foreign governments.
Article 3 The scope of infrastructure projects related to public interests and public safety includes:
(1) energy production and development projects such as coal, electric power and new energy;
(2) transportation projects such as railways, highways, pipelines, aviation and other transportation industries;
(3) Posts and telecommunications projects such as postal services, telecommunications hubs, communications and information networks;
(4) water conservancy projects such as flood control, irrigation, drainage, water diversion, beach management, soil and water conservation, and water control projects;
(5) Urban facilities such as roads, bridges, subway and light rail transportation, underground pipelines and public parking lots;
(6) ecological environment construction and protection projects such as sewage discharge and its treatment, garbage disposal, river and lake environmental management, gardens and greening;
(7) Other infrastructure projects.
Article 4 The scope of public utility projects related to public interests and public safety includes:
(1) municipal engineering projects such as water supply, power supply, gas supply and heating;
(2) science and technology, education, culture and other projects;
(3) sports, tourism and other projects;
(4) health and social welfare projects;
(5) projects such as houses, hotels, apartments and office buildings;
(6) political and legal facilities projects;
(7) disaster prevention and mitigation projects;
(8) other public utility projects.
Article 5 The scope of investment projects using state-owned funds includes:
(1) Projects using government investment, including projects using funds in fiscal budgets at all levels, the use of government land revenue, government tax reduction and exemption, urban infrastructure "four sources" construction fees, municipal public facilities construction fees, social undertakings construction fees, water conservancy construction funds, road maintenance fees, sewage treatment fees and other projects included in various government special construction funds for financial management.
(2) projects that use the self-owned funds of state-owned enterprises and institutions, and the state-owned assets investors actually have control rights.
Article 6 The scope of using state-financed projects includes:
(1) projects using funds raised by state-issued bonds;
(2) projects that use the funds raised by the state's foreign loans, government guarantees or promised repayment;
(3) projects using state policy loan funds;
(4) projects that the government authorizes investors to finance;
(5) financing projects chartered by the government.
Article 7 The scope of projects using loans and aid funds from international organizations or foreign governments includes:
(1) projects using loans from international organizations such as the World Bank and the Asian Development Bank;
(2) projects using loan funds from foreign governments and their institutions;
(3) projects that use aid funds from international organizations or foreign governments.
Article 8 All kinds of engineering construction projects within the scope specified in Articles 3 to 7 of these Provisions shall meet one of the following scale standards:
(1) The estimated price of a single contract for construction (including civil construction, equipment installation, decoration, etc.) is more than 2 million yuan or the construction area is more than 2, square meters;
(2) for the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 1 million yuan, or the estimated price of a single important equipment is more than 3, yuan;
(3) The estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 5, yuan;
(4) The estimated price of a single contract is lower than the scale standards specified in items (1), (2) and (3), but meets one of the following standards:
1. total investment of the project is more than 3 million yuan;
2. For projects that use government investment or state financing in whole or in part, the amount of government investment or state financing is more than RMB 1 million.
encourage government investment or state financing projects with an amount of less than RMB 1 million to bid.
article 9 the selection of investment entities, business entities or project legal persons of government-invested projects for infrastructure and public utilities, which meet the competitive conditions, shall be determined by means of bidding.
Article 1 Bidding activities are not restricted by regions or departments, and no unit or individual may discriminate against potential bidders.
Article 11 A project subject to tender in accordance with these Provisions may not be subject to tender with the approval of the project examination and approval department under any of the following circumstances:
(1) It involves national security or has special confidentiality requirements;
(2) emergency rescue and disaster relief or the use of poverty alleviation funds to implement work instead of relief;
(3) The survey and design of the project adopts specific patents or proprietary technologies or its architectural artistic modeling has special requirements;
(4) There are less than three contractors, suppliers or service providers, which cannot form effective competition;
(5) donations made in full by domestic and foreign non-governmental organizations or individuals;
(6) other special circumstances are not suitable for bidding.
article 12 if there are other provisions in laws and administrative regulations on the scope and scale standards of projects that must be subject to tender, such provisions shall prevail.
article 13 in violation of these provisions, if a project that must be subject to tender is not invited, if the project that must be subject to tender is broken up into parts or the bidding is evaded in any other way, the relevant administrative department shall investigate the legal responsibility in accordance with the provisions of article 49 of the law of the people's Republic of China on tendering and bidding.
article 14 these provisions shall come into force as of January 1, 22.
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