Chapter 1 General Provisions Article 1 is to regulate bidding activities, protect national interests, social public interests and the legitimate rights and interests of parties involved in bidding activities. According to the "Tendering and Bidding Regulations of the People's Republic of China and the People's Republic of China" These regulations are formulated in accordance with the provisions of the Law and relevant laws and administrative regulations and in light of the actual situation of this city. Article 2 These Regulations shall apply to those engaged in bidding activities and the supervision and management of bidding activities within the administrative region of this city.
When bidding for government procurement projects, these Regulations shall apply; when bidding for government procurement of goods or services, the relevant national regulations on government procurement shall be followed. Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality and good faith, with the tenderer soliciting bids in accordance with the law, the bid evaluation committee independently evaluating the bids, and the administrative departments supervising in accordance with the law. Article 4 The municipal development and reform administrative department is responsible for guiding, coordinating and comprehensively supervising the bidding work, establishing supporting systems of bidding laws and regulations in conjunction with relevant administrative departments, and organizing the implementation of these Regulations.
The district and county (autonomous county) development and reform administrative departments are responsible for guiding, coordinating and comprehensively supervising the bidding work in their respective administrative regions.
Relevant administrative departments such as construction, finance, water conservancy, transportation, land and housing management, and municipal administration are responsible for the supervision and management of bidding activities in accordance with their respective responsibilities. Article 5 Bidding associations established in accordance with the law shall strengthen industry self-discipline and guide the healthy and orderly development of the bidding industry. Chapter 2 Bidding and Tendering Article 6 The engineering construction projects specified in Article 3 of the Tendering and Bidding Law of the People's Republic of China and the State include the survey, design, construction, supervision of the project and important equipment and materials related to the engineering construction. Procurement, etc., must be tendered.
Except as otherwise provided by laws and administrative regulations, the people's governments at or above the county level and their departments must select investors, operators, undertakers or suppliers of the following projects through bidding according to law:
(1) Development and utilization projects of land, minerals and other natural resources;
(2) Franchise projects such as water supply, power supply, gas supply, public transportation, sewage or solid waste treatment;
(3) State-owned capital investment or state-financed projects;
(4) Major scientific research projects organized or funded by the government;
(5) Use of international organizations Or projects involving foreign government loans or aid funds.
The specific scope and scale standards of the projects listed in the preceding paragraph shall be determined by the municipal development and reform administrative department in conjunction with relevant administrative departments, and shall be implemented after approval by the Municipal People's Government.
When the tenderer conducts general contracting bidding for state-owned capital investment or state-financed projects, if the subcontracted projects or purchased goods included in the scope of the general contracting in the form of temporary valuation meet the prescribed standards, the winning bidder of the general contracting party shall The tenderer shall conduct bidding for the corresponding subcontracted projects or goods in accordance with the contract.
If additional projects that require bidding need to be added, they shall be proposed by the municipal development and reform administrative department in conjunction with relevant administrative departments and submitted to the Municipal People's Government for approval before implementation. Article 7: No unit or individual may break projects that require bidding according to law into parts or avoid bidding in other ways.
For projects that require bidding according to law, the bidding activities are not restricted by regions or departments. No unit or individual may illegally restrict or exclude legal persons or other organizations outside the region or system from participating in bidding, and shall not interfere with bidding activities in any way.
Article 8 If a project that requires bidding as specified in paragraphs 1 and 2 of Article 6 of these Regulations falls under any of the following circumstances, it may not require bidding with the approval of the project approval department:
(1) Involving Special circumstances such as national security, state secrets or emergency and disaster relief are not suitable for bidding;
(2) Using poverty alleviation funds to implement work-for-relief and requiring local farmers to invest in work;
(3) The technology is complex or highly professional, and the contractors, suppliers or service providers who can meet the conditions do not meet the legal number of bidders;
(4) The main processes and technologies adopt patents or specialized Skilled;
(5) Changing contractors, suppliers or service providers will affect functional supporting requirements;
(6) Self-use that can be constructed, produced or provided by oneself Projects, goods or services;
(7) If the original winning bidder has the ability to contract for additional minor ancillary projects or main layer addition projects to the project under construction, or the goods purchased through bidding need to be supplemented, the original The winning bidder has the ability to supply;
(8) It is closely related to the structure and layout of the project under construction, or is restricted by the construction site and does not require an independent working surface to be implemented together, and the contractor has the corresponding contracting qualifications .
Projects involving national security and state secrets shall be identified in accordance with relevant laws and administrative regulations. Article 9 Bidding methods are divided into public bidding and invitation bidding.
If a project that requires bidding as specified in paragraphs 1 and 2 of Article 6 of these Regulations falls under any of the following circumstances, the bidding shall be open to the public:
(1) All state-owned funds shall be used Investment or state financing, state-owned capital investment holding projects;
(2) Projects using loans and aid funds from international organizations or foreign governments;
(3) Laws, administrative regulations, and rules Other items specified by regulations or determined by the Municipal People's Government.
For public bidding projects stipulated in the preceding paragraph, if one of the following circumstances occurs, invitation bidding may be adopted with the approval of the project approval department. Key projects must be approved by the people's government at the same level:
(1) Projects that use poverty alleviation funds to implement work-for-relief projects with large investment scales and complex technologies that are suitable for bidding but not suitable for public bidding;
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(2) Projects limited by natural geographical environmental factors;
(3) Projects where public bidding costs account for a large proportion of the contract estimate;
(4) Laws, administrative regulations, rules and other items determined by the Municipal People's Government.