Provisions of the State Planning Commission on the scope and scale of bidding for engineering construction projects
Article 1 These Provisions are formulated in accordance with Article 3 of the Bidding Law of People's Republic of China (PRC) for the purpose of determining the specific scope and scale standards of engineering construction projects that must be subject to bidding and standardizing bidding activities.
Article 2 The scope of infrastructure projects related to public interests and public safety includes:
(1) Energy projects such as coal, oil, natural gas, electric power and new energy;
(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 projects;
(seven) other infrastructure projects.
Article 3 The scope of public utility projects related to social public interests and public safety includes:
(a) municipal engineering projects such as water supply, power supply, gas supply and heating;
(two) science and technology, education, culture and other projects;
(three) sports, tourism and other projects;
(four) health, social welfare and other projects;
(five) commercial housing, including affordable housing;
(6) Other public utility projects.
Article 4 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 5 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;
(4) Projects authorized by the state to be invested by investors;
(5) Financing projects chartered by the state.
Article 6 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 7 All kinds of construction projects within the scope specified in Articles 2 to 6 of these Provisions, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender if they meet one of the following standards:
(a) the estimated price of a single construction contract is more than 2 million yuan;
(two) the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 6,543,800 yuan;
(three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 500,000 yuan;
(four) the estimated price of a single contract is lower than the standards stipulated in items (1), (2) and (3), but the total investment of the project is more than 30 million yuan.
Article 8 Where a survey and design of a construction project uses a specific patent or proprietary technology, or has special requirements for architectural artistic modeling, it may not be subject to tender with the approval of the competent department of the project.
Ninth projects that must be subject to tender according to law, all use state-owned capital investment or state-owned capital investment in the holding or leading position, should be open tender.
Bidding activities are not restricted by regions and departments, and may not discriminate against potential bidders.
Article 10 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation, stipulate the specific scope and scale standards of local bidding, but they shall not narrow the scope of bidding as determined in these Provisions.
Eleventh the State Development Planning Commission may, according to the actual needs, jointly with the relevant departments of the State Council, make some adjustments to the specific scope and scale standards that must be subject to tender as determined in these Provisions.
Article 12 These Provisions shall come into force as of the date of promulgation.
This article is about the definition of engineering construction projects.
The purpose of this article is to better handle the relationship between the bidding law and the government procurement law. It should be said that the two laws have been well connected in terms of adjustment scope and normative content in the process of formulation. For example, considering the actual bidding management of engineering construction projects, Article 4 of the Government Procurement Law stipulates that the bidding activities of government procurement projects shall be governed by the Bidding Law; In view of the fact that the Bidding Law has comprehensively stipulated the bidding procedures, the Government Procurement Law does not specify the bidding procedures for government procurement of goods and services. Nevertheless, in the actual implementation process, the relevant parties still reflect the conflict between the two laws. There are two main reasons for this. At the institutional level, there is a lack of clear regulations on what laws should be applied to the bidding activities of goods and services related to government procurement projects. At the implementation level, the application scope of the two laws has been improperly expanded, or some goods and services that do not belong to the project have been included in the adjustment scope of the Bidding Law, or the bidding activities of government procurement projects have been included in the adjustment scope of the Government Procurement Law. This article defines the scope of goods and services related to government procurement projects by unifying concepts and terminology, and further deals with the adjustment scope of these two laws.
(1) is related to the definition of engineering in the Government Procurement Law. Referring to the definition of project in the Government Procurement Law, the second paragraph of this article stipulates that the project mentioned in the preceding paragraph refers to construction projects, including the new construction, reconstruction and expansion of buildings and structures and their related decoration, demolition and repair. It should be noted that construction projects are not limited to structures and buildings. According to the Regulations on Quality Management of Construction Projects and the Regulations on Safety Production Management of Construction Projects, construction projects refer to the installation and decoration projects of civil engineering, construction projects, lines, pipelines and equipment. From this definition, it can be seen that engineering refers to all tangible fixed assets formed through construction activities such as design, construction and manufacturing, so it is necessary to avoid expanding the understanding of engineering, such as understanding conceptual collaborative activities such as "Hope Project", "Five One Project" and "System Engineering" as construction projects, so as to prevent government procurement of goods and services from being improperly included in the adjustment scope of the Bidding Law.
(2) The connotation and extension of engineering construction projects are defined. Paragraph 1 of this article stipulates that the construction project mentioned in Article 3 of the Bidding Law refers to the project and the goods and services related to the project construction. The second paragraph stipulates that the goods related to the project mentioned in the preceding paragraph refer to the equipment and materials that constitute an integral part of the project and are necessary to realize the basic functions of the project; Services related to project construction refer to services such as survey, design and supervision required to complete the project. Accordingly, the bidding law should also be applied to the bidding activities of goods and services related to government procurement projects.
This article is about the scope of public bidding projects and the conditions and procedures for bidding.
1. Public bidding and invitation bidding are two bidding methods stipulated in the Law on Tendering and Bidding.
Article 10 of the Bidding Law stipulates that bidding methods are divided into open bidding and invitation bidding. Open tender means that the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement. Invitation to bid means that a tenderer invites a specific legal person or other organization to bid in the form of an invitation to bid. Article 16, paragraph 1 stipulates that if a tenderer adopts open bidding, it shall issue a tender announcement. The tender announcement of a project subject to tender according to law shall be published through newspapers, information networks or other media designated by the state. Clause 17 1 stipulates that if a tenderer adopts the method of inviting tenders, it shall issue invitations to bid to more than three specific legal persons or other organizations that have the ability to undertake the project subject to tender and have good credit standing. According to the above provisions, from the actual implementation point of view, open bidding and invited bidding have their own advantages. Except for projects that should be subject to public bidding according to law, the tenderee can choose the bidding method independently according to the actual situation of the project subject to bidding.
Two. This article supplements the scope of projects that must be subject to public bidding according to law.
Although public bidding and invitation bidding have their own advantages and disadvantages, public bidding is usually regarded as a major procurement method in domestic and foreign legislation because of its higher transparency and competitiveness. For example, the second paragraph of Article 26 of China's Government Procurement Law stipulates that public bidding should be the main procurement method; Article 19 of the Government Procurement Law of Taiwan Province Province stipulates that, except in statutory circumstances, the procurement above designated size shall be conducted by public bidding. The World Bank's Guide to Procurement of Goods, Engineering and Non-consulting Services clearly stipulates that in most cases, international competitive bidding (international open bidding) is the best way to achieve economic efficiency, equal competition opportunities and transparency of procurement procedures. The UNCITRAL Model Law on Procurement of Goods, Construction and Services stipulates that, generally speaking, goods or projects should be procured through public bidding.
According to Article 1 1 of the Bidding Law, national key projects and local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in principle, be subject to public bidding. On the basis of the aforementioned provisions of the Bidding Law and drawing lessons from relevant legislative experience, this article has made supplementary provisions on the scope of projects subject to public bidding, that is, projects subject to public bidding, in which state-owned funds occupy the controlling or leading position, must be subject to public bidding in principle. The so-called "state-owned funds", according to Article 4 of the Standard Provisions on the Bidding Scope and Scale of Engineering Construction Projects (Order No.3 of the State Planning Commission), include financial budget funds at all levels, various government special construction funds included in financial management, and self-owned funds of state-owned enterprises and institutions. According to Article 2 17 of the Company Law, the so-called "holding or dominant position" means that state-owned funds account for more than 50% of the total capital of a limited liability company or state-owned shares account for more than 50% of the total share capital of a joint stock limited company; Although the proportion of state-owned funds or state-owned shares is less than 50%, if the amount of investment or the voting rights enjoyed by holding shares are enough to have a significant impact on the resolutions of the shareholders' meeting, or if state-owned enterprises and institutions can actually control the company's behavior through investment relations, agreements or other arrangements, it also belongs to the holding or leading position of state-owned funds.
There are two points to be clarified: first, the proportion of state-owned funds in the source of project funds should be the sum of all state-owned funds, and the self-owned funds and self-raised funds of state-owned enterprises and institutions belong to state-owned funds. Second, the scope of projects that must be publicly tendered according to law is not limited to the provisions of Article 1 1 of the Bidding Law and this article. For example, Article 26 of the Regulations on Land Reclamation stipulates that if the government invests in land reclamation, the relevant competent departments of land and resources shall, in accordance with the provisions of laws and regulations on bidding, determine the construction unit of land reclamation projects through public bidding; The Notice of the State Council on Promoting Economical and Intensive Land Use (Guo Fa [2008] No.3) clearly requires that the implementation unit should be selected through public bidding in the early stage of land development.
Three. This article clarifies the conditions and procedures that should be met by inviting public bidding for public bidding projects.
Paragraph 1 of this article stipulates two situations in which bidding can be invited.
(a) the project technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose. According to this regulation, in addition to the technical complexity of the project, or special requirements, or limited by the natural environment, it should also meet the conditions that only a few potential bidders can choose. Considering the above special circumstances, even if public bidding is adopted, the bidders are known and limited. Inviting qualified potential bidders to bid directly is not only conducive to improving procurement efficiency and saving procurement costs, but also can avoid bidding failure due to the lack of three bidders to some extent. It should be noted that although the project technology is complex, or has special requirements, or is limited by the natural environment, if there are enough potential bidders, it is still impossible to invite tenders for projects that should be publicly tendered. In addition, the technical complexity, special requirements or natural environment restrictions of the project should exist objectively, especially the special requirements of the project, which should be put forward realistically from the actual needs of the procurement project, such as function and positioning.
(two) the cost of public bidding accounts for a large proportion of the project contract amount. Bidding procurement is essentially an economic activity and should follow economic laws. The World Bank's Guide to Procurement of Goods, Construction and Non-consulting Services and the UNCITRAL Model Law on Procurement of Goods, Construction and Services both regard value for money as one of the basic principles or value objectives of procurement activities. When the bidding cost is equal to or even greater than the bidding income, the bidding activity loses its meaning. This provision is a concrete manifestation of the principle of value for money. Of course, the principle of value for money not only requires the selection of appropriate procurement methods, but also reflects in activities such as reasonably determining the scope and scale standards of compulsory bidding. It should be noted that this clause uses the concept of "cost" instead of "cost" according to Article 29 of China's Government Procurement Law. This is different from the UNCITRAL Model Law on Procurement of Goods, Construction and Services, which considers both "time" and "cost". Due to the great differences between different bidding projects in practice, this article does not stipulate the specific proportion of the public bidding fee to the project contract amount. The second paragraph of this article stipulates that the project examination and approval department shall determine whether the proportion of the public bidding fee to the contract amount of the project is too large when examining and approving the project, and the tenderee shall apply to the relevant administrative supervision department for determination of other projects that should be subject to public bidding. Of course, the situation stipulated in item 1 of Article 65438 of this Article shall also be reviewed according to Article 7 of the Regulations.
The bidding conditions stipulated in this article refer to the relevant legislation at home and abroad. For example, Article 29 of China's "Government Procurement Law" stipulates that if the goods or services are special, the suppliers are limited, and the cost of public bidding accounts for a large proportion of the total value of the project, invitation bidding can be adopted. Article 20 of the Model Law on Procurement of Goods, Construction and Services of the United Nations Commission on Trade Law stipulates two situations in which restricted tendering (that is, inviting tendering) is applicable: first, the required goods, construction or services can only be obtained from a limited range of suppliers or contractors because of their high complexity or professionalism; Second, the time and cost required to study and evaluate a large number of tenders are not proportional to the value of the goods, projects or services to be purchased. The World Bank's Guide to Procurement of Goods, Engineering and Non-consulting Services stipulates that limited international bidding (that is, international invitation bidding) is applicable to a limited number of suppliers.
The tender conditions stipulated in this article refer to the projects that must be publicly tendered according to law. For projects that are not open to tender according to law, the tenderer shall decide whether to open the tender.
Article 9 [No Bidding]
Except for the special circumstances stipulated in Article 66 of the Bidding Law, no bidding shall be conducted under any of the following circumstances:
(a) the need to adopt irreplaceable patents or proprietary technology;
(2) The purchaser may construct, produce or provide it by himself according to law;
(3) Investors of franchise projects selected through bidding can construct, produce or provide them by themselves according to law;
(four) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(five) other special circumstances stipulated by the state.
This article is about the special situation that there is no need for bidding.
Article 3 of the Bidding Law and Article 3 of the Regulations stipulate the scope of projects that must be subject to bidding. Article 66 of the Tendering and Bidding Law stipulates the special circumstances that objectively cannot or is not suitable for bidding projects. However, from the actual situation, the situation that is not suitable for bidding is not limited to this provision. Based on the principle of seeking truth from facts and in order to strictly control the scope and conditions of exemption from bidding, this article supplements Article 66 of the Bidding Law.
I. Special circumstances that do not require bidding as stipulated in the Bidding Law.
(a) involving national security and state secrets is not suitable for bidding. For example, the site selection, planning and construction of national defense science and technology, military equipment and other projects have strict confidentiality and management regulations. There is an inevitable contradiction between openness and confidentiality in bidding. Therefore, for projects involving national security and secrets that cannot be made public, except those that are suitable for bidding, units that meet the confidentiality requirements can be invited to participate in the bidding, and other projects can only be purchased by non-bidding.
(two) emergency rescue and disaster relief is not suitable for bidding. Including earthquake, rainstorm, flood, debris flow, fire and other abnormal emergency disasters, projects that need immediate rescue and relief. For example, roads, bridges, tunnels, water, electricity, gas and communications damaged by disasters must be rushed through in time, and water conservancy facilities, dammed lakes and other projects must be urgently eliminated. These emergency rescue and disaster relief projects can not be organized and implemented according to the prescribed procedures and time, otherwise it will bring great losses to the life and property safety of the country and people. Emergency rescue and disaster relief projects that are not suitable for bidding need to meet the following two conditions at the same time: First, they are implemented in an emergency and cannot meet the time required for bidding. Second, if it is not implemented immediately, it will cause people's lives and property losses.
(three) the use of poverty alleviation funds to implement work-based relief, the need to use migrant workers is not suitable for bidding. According to the Measures for the Administration of National Poverty Alleviation Funds (Guo Ban Fa [1997] No.24), the national poverty alleviation funds refer to the funds specially arranged by the central government to solve the problem of food and clothing for the rural poor and support the social and economic development in poverty-stricken areas, including funds for supporting the development of economically underdeveloped areas, special subsidies for agricultural construction, new financial poverty alleviation funds, work-based relief funds and special poverty alleviation loans. Among them, work for relief is the current rural poverty alleviation policy. It is a poverty alleviation policy that the state arranges funds for relief from work to build small infrastructure projects such as rural roads and farmland water conservancy that are related to the economic development of rural poverty-stricken areas and farmers' poverty alleviation. Farmers in poverty-stricken areas get paid for their services and increase their income by participating in the construction of work-for-relief projects, instead of direct relief. Therefore, for the work-for-relief construction project, the implementing unit should organize the farmers where the project is located to participate in the project construction and pay labor remuneration, and it is not appropriate to repeatedly select contractors through bidding. However, for projects with complex technology and large investment scale, especially those that can only be contracted for construction according to regulations, construction contractors with corresponding qualifications can be selected through bidding. The basic condition of bidding is to organize farmers in the project area to provide labor services and pay remuneration for the project construction.
Two, the supplementary provisions of this article can not tender.
(1) It is necessary to adopt irreplaceable patents or proprietary technologies. According to the patent law, patent refers to the right to grant inventions, including inventions, utility models and designs, through application and examination. Patent right is the exclusive right to exploit a specific invention and creation within a certain period of time, and it is a kind of intellectual property right. Proprietary technology refers to the advanced and practical technical secrets of product production that are not protected by patent right, including product design drawings, production process, formula, data formula and technical knowledge and experience of product quality control and management. The main differences between patents and know-how are as follows: firstly, patents belong to industrial property rights, while know-how does not. They are technical knowledge without patent right, and they are practical dynamic technologies. Second, patent is an advanced technology with high novelty and creativity after examination and approval. Proprietary technology is not necessarily an invention, but it must be mature and effective. Third, the content of patent is open, while the content of proprietary technology is confidential, which is a de facto exclusive right subject to confidentiality. Fourth, the validity of patents is limited by time and region, while proprietary technology has no such limitation.
Projects that need to use patents or proprietary technologies are not suitable for bidding, and the following three conditions must be met at the same time: First, the objective positioning of project functions determines that the designated patents or proprietary technologies must be used, rather than the subjective requirements of the tenderee. However, just because the technology of the project is complex or difficult can not be used as a reason to avoid bidding. Second, the patent or proprietary technology used in the project is irreplaceable. The functional positioning of the project must use specific patents or proprietary technologies, and no other alternative technical solutions can meet the same requirements of the functional positioning of the project. If different patents or proprietary technologies can be used instead, and the technical requirements of functional positioning of the same or similar projects can be met without affecting the quality and efficiency of the project, suppliers or contractors can be selected through bidding. For example, the technical and economic indicators such as speed, stability, comfort, safety and energy saving of elevator operation are required to meet the functional requirements. Although various brands and models of elevators in the market have several different patents or proprietary technologies, most of them can replace each other and achieve the same or similar functional requirements, so suppliers and installation units should be selected through bidding. Third, the patents or proprietary technologies used in the project cannot be implemented or provided by other units respectively. The patents or know-how of most products or production processes are exclusive. The exclusiveness of patents or know-how determines that specific patents or know-how can only be provided by 1 or a few specific units, and it is impossible to select project suppliers or contractors through bidding.
(2) The purchaser can construct, produce or provide it by himself according to law. The main consideration of not bidding to meet this requirement is to reduce the cost. To accurately understand this provision, we need to pay attention to the following three points.
1. Buyers refer to legal persons and other organizations that meet the qualifications of civil subjects, excluding their associated parent companies and subsidiaries, as well as legal persons and other organizations that have management or interest relations with them and have independent qualifications of civil subjects. Since bidding is not required to meet this requirement, the concept of "buyer" is used here instead of "bidder". For example, a hydropower group company is a shareholder of a hydropower project legal person. Although the hydropower group company has the corresponding qualification for hydropower station construction, the purchaser of hydropower project is an independent hydropower project legal person, and the project legal person cannot directly contract the project to the hydropower group company without bidding.
Second, the purchaser has the qualification and ability of engineering construction, goods production or service provision. Projects, goods and services that can be built, produced or provided by themselves can be used by the buyer or provided to others. For example, a real estate development company not only has the qualification of housing development, but also has the corresponding first-class qualification of general contracting of housing construction projects, so the commercial housing it develops can organize its own construction according to relevant laws, regulations and provisions without bidding.
Third, the buyer must not only have the qualification and ability to build, produce or provide by himself, but also meet the legal requirements. For the work items that cannot be undertaken by the purchaser at the same time according to laws and regulations, the purchaser shall still conduct bidding. For example, the main body that undertakes the management function of government investment projects, even if it has the construction qualification ability, cannot undertake the construction contract of government investment projects at the same time. For another example, according to the Regulations on Quality Management of Construction Projects and related regulations, if an engineering supervision unit has affiliation or other interests with the construction contractor, building materials, building components and equipment suppliers of the supervised project, it may not undertake the supervision business of construction projects. Therefore, if the purchaser provides the project supervision service by himself, it cannot contract the project construction and the supply of building materials, building components and equipment at the same time.
It should be noted that this provision does not apply to the tender of the temporary appraisal project stipulated in Article 29 of the Regulations, if the general contractor is the tenderer of the temporary appraisal project.
(3) Investors in franchise projects selected through bidding may construct, produce or provide them by themselves according to law. Franchise projects mentioned here refer to projects in which the government transfers the franchise rights of public infrastructure and public utilities to investors and signs franchise agreements, and they form project companies to be responsible for investment, construction and operation. The application of this article needs to meet two conditions.
First, determine the investors of franchise projects through bidding. The government selects project investors through bidding competition, and the winning project investors form a project company as a legal person, which is responsible for project financing, construction and franchise according to the project franchise agreement signed with the government. Similar project franchise models include BOT, BOO, TOT, BT, etc. Because the project investors have been determined through bidding competition, and the prices of public goods and services have been determined accordingly, or the asset transfer prices and related rights, obligations and responsibilities after the completion of the project, the project legal person who is allowed to franchise the project is allowed to directly contract its projects, goods or services to investors with the ability to build, manufacture and provide without bidding, which not only affects the public interests, but also reduces the construction cost of the franchise project.
Second, investors of franchise projects (not project legal persons established by investors) can build, produce and provide them by themselves according to law. For the understanding and application of this clause, please refer to the explanation of item 2 of this paragraph. It should be noted that investors in franchise projects can be legal persons, consortia or other economic organizations and individuals. Among them, as long as a member invested by the consortium has the corresponding qualifications, regardless of the investment proportion, with the consent of all members of the consortium, the member can undertake the project construction, production or provision by himself.
(four) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements. This clause stipulates that the original winning project can continue to purchase additional projects without bidding, and the following three aspects should be correctly grasped.
One is to determine the winning bidder of the original project through bidding. For objective reasons, it is necessary to purchase additional projects, goods or services from the winning bidder of the original contract. The content of additional procurement must be that the original project did not exist at the time of bidding, or could not be included in the original project for bidding and procurement due to objective reasons such as technology and economy, but new or changed requirements arising from the performance of the original project contract, or subsequent additional projects arising from the performance of the original project contract.
Second, if you don't purchase from the original bid winner of the project, it will definitely affect the supporting requirements of project construction or product use functions. For example, the original building project needs to install heating pipes, or need to add other ancillary facilities, or the main project needs to add floors. Due to the limitation of technology, management and construction site, etc. , only by the original bidder awarded the construction contract. For another example, the original mechanical and electrical equipment needs to add non-universal spare parts or consumable materials, or the function of the original production control information system needs to be improved and upgraded. In order to ensure consistent matching with the original goods and services, additional purchases can only be made from the original winning bidder. Due to the complexity of actual demand, this item does not specify the quantity of additional purchases. In practice, we should strictly control and reasonably define the scope, rather than unlimited addition.
Third, the winning bidder of the original project must be qualified to continue to perform the new project contract according to law. If the original winning bidder goes bankrupt, breaches the contract or is involved in a case, which leads to the termination of the new project contract or the inability to continue to perform it, the bidding shall be reorganized according to the regulations, and the winning bidder of the original project or the new project shall be selected.
Because the additional procurement that meets the above conditions is not competitive, it may increase the procurement cost, avoid bidding and produce corrupt transactions. For example, the tenderer deliberately split the original bidding project into parts, recruiting small projects first, then issuing large projects, or unconditionally starting bidding, forming the fact of additional procurement. Therefore, we must strengthen supervision and strictly apply this provision.
(5) Other circumstances stipulated by the state. National regulations mainly include laws and resolutions formulated by the National People's Congress and its Standing Committee, administrative regulations, decisions and normative documents formulated by the State Council, and regulations formulated by relevant departments in the State Council.
Three, it is strictly prohibited to evade bidding by fraudulent means.
In order to prevent the purchaser from abusing the above provisions to avoid bidding, the second paragraph of this article emphasizes that the tenderer's fraud in order to apply the provisions of the preceding paragraph belongs to the act of evading bidding. Some bidders practise fraud, conceal facts, forge and confuse the subject, nature and source of funds of the project, disassemble and split the project, and provide other false information that can avoid bidding. For example, forging qualifications or qualification certificates to prove that they have the ability to build, produce or provide by themselves; Forging certification materials to prove that irreplaceable patents or proprietary technologies need to be adopted in the project subject to tender; In order to avoid the construction bidding, the property right (T) was not transferred under the banner of BT (Construction and Transfer).
Article 22 [Objection to Documents]
If potential bidders or other interested parties have objections to the prequalification documents, they shall raise them 2 days before the deadline for submitting the prequalification application documents; Any objection to the bidding documents should be raised before the deadline 10. The tenderer shall make a reply within 3 days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities shall be suspended.