if the laws and regulations on government procurement have other provisions on the bidding for government procurement of goods and services, those provisions shall prevail. Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality, honesty and credibility.
State functionaries shall not illegally interfere in the bidding activities in any way. Article 4 The municipal development and reform department is responsible for guiding, coordinating and comprehensively supervising the bidding work in the whole city, establishing a supervision and management system for bidding activities in conjunction with relevant departments, inspecting the supervision of bidding activities in the whole city and urging rectification, and supervising the bidding activities without the supervision of industry supervision departments. Municipal economic information, urban and rural construction, transportation, agriculture, foreign trade, land and housing management, municipal administration, water conservancy, immigration, forestry, gardens and other departments shall, in accordance with the prescribed division of responsibilities, supervise bidding activities and investigate and deal with illegal acts in bidding activities according to law.
the development and reform departments of counties (autonomous counties) are responsible for guiding, coordinating and comprehensively supervising the bidding work in their respective administrative areas, inspecting and urging the rectification of the bidding activities in their respective administrative areas, and supervising the bidding activities without the supervision of industry supervision departments. The relevant departments of counties (autonomous counties) shall supervise the bidding activities in accordance with the prescribed division of responsibilities, and investigate and deal with illegal acts in bidding activities according to law. Where the people's governments of counties (autonomous counties) have other provisions on the division of supervision responsibilities of their subordinate departments related to bidding activities, such provisions shall prevail.
the financial departments of cities, districts and counties (autonomous counties) shall supervise the budget implementation and government procurement policy implementation of government procurement construction projects subject to bidding at the corresponding level according to law.
the supervisory organs of cities, districts and counties (autonomous counties) shall supervise the monitoring objects related to bidding activities according to law. Article 5 Bidding activities in this Municipality shall be managed at different levels by cities, districts and counties (autonomous counties).
the tendering and bidding activities of projects approved, approved and put on record by the municipal people's government and its competent department of project investment and submitted to the state for approval, approval and put on record shall be supervised by the relevant administrative supervision departments of the municipal people's government. The relevant administrative supervision departments of the Municipal People's Government may also entrust the relevant administrative supervision departments of the counties (autonomous counties) where the project is located to carry out supervision.
the tendering and bidding activities of projects approved, approved and filed by the people's governments of counties (autonomous counties) and their project investment departments shall be supervised by the relevant administrative supervision departments of the people's governments of counties (autonomous counties). Article 6 This Municipality shall establish a unified and standardized tendering and bidding trading place to provide services for tendering and bidding activities and provide necessary conditions for the supervision and management of tendering and bidding activities. Tendering and bidding trading places shall not be subordinate to the administrative supervision departments, and shall not be for profit.
projects that must be subject to tender according to law shall enter the bidding and tendering trading places. Encourage the use of information networks for electronic bidding. Article 7 The bidding association established according to law shall strengthen self-discipline and service of the industry and guide the healthy and orderly development of the bidding industry. Chapter II Tendering and Bidding Article 8 Tendering methods are divided into open tendering and invited tendering. Projects that must be subject to tender according to law, where state-owned funds occupy a controlling or leading position, shall be subject to public tender.
The specific scope and scale standards of engineering construction projects that must be subject to tender according to law, including engineering, goods related to engineering construction, survey, design, supervision and other services, shall be implemented in accordance with the relevant provisions approved by the State Council.
if the people's governments of cities, districts and counties (autonomous counties) and their departments choose the investors, operators and contractors of the project through bidding, their bidding activities shall comply with the relevant provisions of bidding laws and regulations.
for a construction project that is not subject to tender according to law, the project unit can decide whether to tender or not, and no unit or individual may force it to tender. Ninth projects that must be subject to tender according to law shall prepare a tender plan. The bidding scheme includes the bidding scope, bidding method, bidding organization form and other relevant bidding contents.
if the project subject to tender according to law needs to go through the formalities of project approval, approval or filing in accordance with relevant regulations, the bidding scheme shall be submitted by the project unit when submitting the project approval, approval report or filing. The competent department of project investment shall handle the procedures of examination and approval, approval and filing of the bidding scheme together with the procedures of examination and approval, approval and filing of the project, and inform the relevant administrative supervision departments of the determined bidding scheme in time.
if the project unit changes the bidding scheme, it shall handle it again according to the original procedures of examination, approval and filing. Among them, the change of bidding methods for key projects determined by the Municipal People's Government shall be approved by the Municipal People's Government. Article 1 In case of any of the following special circumstances, according to the relevant provisions of the state, the tender may not be invited:
(1) It involves national security, state secrets, emergency rescue and disaster relief;
(2) it belongs to the use of poverty alleviation funds to implement work-for-poverty relief and needs to use migrant workers;
(3) irreplaceable patents or proprietary technologies are needed;
(4) The purchaser can construct, produce or provide it by himself according to law;
(5) The investors of franchise projects who have been selected through bidding can build, produce or provide them by themselves according to law;
(6) It is necessary to purchase the project, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(7) The original winning bidder has the contracting ability for the main storey-adding project added in the construction in progress according to law, or the goods purchased through bidding need to be supplemented, and the original winning bidder has the supply ability, and the additional amount does not exceed 1% of the original contract amount;
(8) other special circumstances stipulated by the state.
a tenderer who practices fraud in order to apply the provisions of the preceding paragraph belongs to the evasion of bidding as stipulated in Article 4 of the Bidding Law of the People's Republic of China.