Where there are other provisions in laws and regulations on government procurement, international bidding for mechanical and electrical products, bidding for scientific and technological projects, and transfer of state-owned land use rights, mining rights, exploration rights and franchise rights, those provisions shall prevail. Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality and good faith. Article 4 Within the administrative area of this province, large-scale infrastructure, public utilities and other projects related to social interests and public safety, projects invested with state-owned funds or financed by the state, and projects with loans or aid funds from international organizations or foreign governments must be subject to tender according to law. Its specific scope shall be implemented in accordance with relevant state regulations; Its scale standard shall be stipulated by the provincial people's government, and if the state has already stipulated it, its provisions shall prevail.
No unit or individual may break up projects that must be subject to bidding according to law or evade bidding in any other way. Article 5 The administrative department of development planning of the local people's government at or above the county level shall be responsible for the guidance and coordination of bidding activities within their respective administrative areas. The administrative department of development planning of the municipal people's government of a province or district shall be responsible for inspecting the bidding activities of major construction projects.
The relevant administrative supervision departments of the local people's governments at or above the county level, such as economy, trade, construction, transportation and water conservancy, shall be responsible for the supervision and management of bidding activities in accordance with laws, regulations and responsibilities determined by the people's governments at the same level. Article 6 Local people's governments at or above the county level shall, through supervision and inspection of the bidding market, guide all parties in the market to establish and improve the social credit mechanism of the bidding market. By giving full play to the self-discipline function of social credit mechanism, the parties who violate the principles of honesty, credit and fairness and justice in bidding activities will be negatively evaluated and eliminated. Chapter II Bidding Article 7 Bidding is divided into open bidding and invitation bidding. Article 8 Under any of the following circumstances, a project that must be subject to tender according to law shall be subject to public tender:
? First, local key construction projects determined by provincial and municipal people's governments;
Two, all the use of state-owned capital investment projects;
? Three, the state-owned capital investment in the holding or leading position of the project;
Four, other projects that should be open to tender as stipulated by laws and regulations. Article 9 If the construction project specified in Article 8 of these Regulations is not suitable for public bidding under any of the following circumstances, the project approval department at or above the municipal level with districts or the relevant administrative supervision department may invite bidding; Local key construction projects determined by the provincial and district people's governments shall be approved by the people's governments at the same level:
1. The technology is complex or has special professional requirements, and only a few potential bidders can choose;
? Second, the cost of public bidding accounts for a large proportion of the total project value, which does not meet the requirements of economic rationality;
? 3. Limited by natural resources or environmental conditions;
Four, laws, administrative regulations or other provisions of the State Council. Article 10 A project that is not suitable for bidding under any of the following circumstances may not be subject to bidding. However, projects that need examination and approval shall be examined and approved in accordance with the provisions of Article 9 of these Regulations:
? 1. Involving national security and state secrets;
? Second, rescue and disaster relief;
? Three, the use of poverty alleviation funds to implement the work for the relief, the need to use migrant workers;
Four, the main process and technology need to use a specific patent or proprietary technology;
? 5. Other circumstances stipulated by laws and administrative regulations. Article 11 For a project that must be subject to tender according to law, the tenderer who handles the tender matters by himself shall have the ability to prepare tender documents and organize bid evaluation, meet the following conditions and file with the relevant administrative supervision departments:
1. has the qualification of a legal person or other organization;
? Two, with the scale and complexity of the project subject to tender to adapt to the technical and economic professionals;
? Three, there is a special bidding agency or more than three people have the ability to bid;
? Four, familiar with the relevant laws, regulations and rules of bidding. Article 12 A tenderer who has the ability to bid by himself may choose to bid by himself or entrust a qualified bidding agency to bid by himself.
If a tenderer does not have the ability to prepare tender documents and organize bid evaluation, it shall entrust a qualified tendering agency to handle the tender matters. No unit or individual may appoint an agency for it in any way. Thirteenth bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services. The qualification of a bidding agency shall be determined in accordance with the relevant provisions of the state. The relevant administrative departments shall promptly announce to the public the list of bidding agencies that have passed the qualification certification.
A procuratorial agency shall be independent in organization and shall not have subordinate relations or other interests with administrative organs or other state organs.
A procuratorial agency shall not accept the contents and requirements entrusted by the tenderer illegally; In the bidding activities, it is not allowed to resort to deceit, which damages the national interests and the legitimate rights and interests of tenderers and bidders.