No unit or individual may illegally restrict or exclude legal persons or other organizations outside the local area or system from bidding, and may not illegally interfere in bidding activities in any way. Chapter II Bidding Article 5 If the following engineering construction projects, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, meet the scale standards set by the state and provincial people's governments, they must be subject to bidding:
(a) infrastructure, public utilities and other projects related to social interests and public safety;
(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;
(3) Projects using loans or aid funds from international organizations or foreign governments;
(four) other projects required by the provincial people's government. Article 6 The scope of infrastructure projects related to public interests and public safety includes:
(a) coal, oil, natural gas, electricity and other energy projects;
(two) railways, highways, pipelines, water transport, aviation and other transportation projects;
(3) Posts and telecommunications projects such as postal services, telecommunications hubs, communication and information networks;
(four) flood control, irrigation, drainage, water diversion (supply), beach management, soil and water conservation, water conservancy projects;
(five) urban facilities such as roads, bridges, subways and light rail transportation, sewage discharge and treatment, garbage disposal, underground pipelines, public parking lots, etc.;
(6) Ecological environment protection project. Article 7 The scope of public utility projects related to social public interests and public safety includes:
(a) water supply, power supply, gas supply, heating, greening and other municipal engineering projects;
(two) science and technology, education, culture, radio and television projects;
(three) sports, tourism and other projects;
(four) health, social welfare and other projects;
(five) public buildings and commercial buildings, including shopping malls, office buildings and commercial buildings (including affordable housing). Article 8 The scope of investment projects using state-owned funds includes:
(a) the use of financial budget funds at all levels of the project;
(two) the use of various government special construction funds included in the financial management of the project;
(three) the use of state-owned enterprises and institutions of their own funds, and the state-owned assets investors actually have control over the project. Article 9 The scope of state-funded projects includes:
(1) Projects financed by bonds issued by the state;
(two) the use of foreign loans or guarantees to raise funds for the project;
(three) the use of national policy loans;
(four) the national or provincial people's government authorized investment financing projects;
(five) financing projects chartered by the state or provincial people's government. Article 10 The scope of projects using funds from international organizations or foreign governments includes:
(1) Projects using loan funds 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 11 The national key construction projects determined by the development and reform department of the State Council and the provincial key construction projects determined by the provincial people's government, as well as the engineering construction projects that all use state-owned capital investment or state-owned capital investment as the holding or leading position, are not suitable for public bidding under any of the following circumstances, and may be invited to bid upon approval:
(a) the project technology is complex or has special requirements, and only a few potential bidders can choose;
(2) Limited by the natural geographical environment;
(three) involving national security, state secrets or disaster relief, which is suitable for bidding but not suitable for public bidding;
(four) the provisions of laws and regulations are not suitable for public bidding.
Invitation to bid for national key construction projects shall be approved by the development and reform department of the State Council; Inviting tenders for key construction projects in the province shall be approved by the provincial people's government or the provincial development and reform department authorized by the provincial people's government.
Invitation to bid for all construction projects that use state-owned capital investment or state-owned capital investment and need to be approved shall be approved by the project examination and approval department, but if the project examination and approval department only approves projects, it shall be approved by the relevant administrative supervision department. Twelfth engineering construction projects that need to be approved, in any of the following circumstances, are approved by the examination and approval departments stipulated in the second and third paragraphs of Article 11 of these Measures, and the construction bidding may not be carried out:
(a) involving national security, state secrets or emergency rescue and disaster relief, which is not suitable for bidding;
(two) belonging to the use of poverty alleviation funds to implement the work-for-work relief needs to use migrant workers;
(three) the main construction technology adopts specific patents or proprietary technologies;
(four) the project built by the construction enterprise for its own use, and the qualification grade of the construction enterprise meets the engineering requirements;
(five) the original winning bidder still has the contracting ability of the affiliated small-scale project or the main storey-adding project of the project under construction;
(6) Other circumstances stipulated by laws and administrative regulations.
Under any of the circumstances specified in the preceding paragraph, a construction project that does not require examination and approval may decide not to conduct construction bidding at its own discretion.