Measures of Anhui Province on Implementing the Bidding Law of People's Republic of China (PRC)

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of this province. Second bidding activities within the administrative area of this province, the application of this approach. Article 3 The administrative department in charge of development planning of the provincial people's government shall guide and coordinate the bidding activities within the administrative region of this province, formulate comprehensive provisions on bidding in conjunction with the relevant administrative departments, submit them to the provincial people's government for approval, and supervise and inspect the bidding activities of key construction projects in the province.

The construction administrative department of the provincial people's government is responsible for the supervision of the bidding activities of various housing construction projects within the administrative area of this province. The administrative department of foreign trade and economic cooperation of the provincial people's government is responsible for supervising the bidding activities of imported mechanical and electrical equipment procurement projects within the administrative area of this province.

Trade, water conservancy, transportation, agriculture, science and technology, information industry and other departments. The relevant departments of the provincial people's government shall, in accordance with their respective duties, be responsible for the supervision of the bidding activities of related industries and industrial projects within the administrative area of this province.

The relevant administrative departments of the people's governments of cities and counties (districts) shall, according to their respective duties, be responsible for the supervision of bidding activities within their respective administrative areas. Chapter II Tendering and Bidding Article 4 If all or part of the investment is made with state-owned funds or national or provincial financial financing, and infrastructure, public utilities and other projects related to social public interests and public safety are used with loans and aid funds from international organizations or foreign governments, including survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, which meet one of the following standards, bidding must be conducted:

(a) the estimated price of a single construction contract is more than RMB100000;

(two) the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 500 thousand yuan;

(three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 300,000 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 5 million yuan.

If the specific scope and scale standard of a project subject to tender must be adjusted according to the actual situation, the administrative department in charge of development planning of the provincial people's government shall, jointly with the relevant administrative departments, put forward opinions in accordance with the relevant provisions of the state and submit them to the provincial people's government for approval and promulgation. Article 5 If the project subject to tender according to law needs to go through the formalities of project examination and approval according to the relevant provisions of the state, the construction unit shall, when submitting the feasibility study report of the project to the project examination and approval department, draw up the bidding method, bidding organization form and bidding scope of the state-funded project at the same time and report it to the project examination and approval department for approval.

After the project is approved, the project examination and approval department shall inform the relevant administrative departments in writing of the determined bidding method, bidding organization form and bidding scope within 15 days. Article 6 A project subject to tender according to law may not be subject to tender under any of the following circumstances:

(a) involving national security, state secrets, emergency rescue and disaster relief, or belonging to the use of poverty alleviation funds to implement work for relief, the need to use migrant workers and other special circumstances;

(two) the survey and design of construction projects, the use of patents or proprietary technology, or its architectural artistic modeling has special requirements, and approved by the competent department of the project;

(3) Other circumstances stipulated by laws, regulations and rules.

For the project not subject to tender as mentioned in the preceding paragraph, the construction unit shall apply for not inviting tenders when submitting the feasibility study report, and explain the reasons. Seventh projects that must be subject to tender according to law, all use state-owned funds or state-owned funds occupy a controlling or leading position, should be open to tender. Eighth key construction projects identified by the provincial people's government, under any of the following circumstances, with the approval of the provincial people's government, can invite tenders:

(1) Due to technical complexity or special requirements of the project;

(two) there are special requirements for the protection of proprietary technology and patent rights;

(three) due to natural resources or environmental restrictions and other reasons, it is not suitable for public bidding.

The specific procedures for bidding mentioned in the preceding paragraph shall be formulated separately by the administrative department of development planning of the provincial people's government. Article 9 A tenderer who handles the tender matters by himself shall have the ability to prepare tender documents and organize bid evaluation as stipulated by the state.

For a project that must be subject to tender according to law, if the tenderer handles the tender matters by himself, it shall file with the relevant administrative departments 7 days before the tender announcement or invitation letter is issued. Article 10 The qualifications of a procuratorial agency shall be determined in accordance with the following provisions:

(a) the qualification of a bidding agency engaged in various types of construction project bidding agency business shall be handled by the construction administrative department of the provincial people's government in accordance with the relevant provisions of the state;

(two) the qualification of a bidding agency engaged in the bidding agency business of imported mechanical and electrical equipment related to engineering construction shall be handled by the foreign trade department of the provincial people's government in accordance with the relevant provisions of the state;

(three) the qualification of a bidding agency engaged in other bidding agency business shall be determined by the relevant administrative departments of the provincial people's government according to their respective responsibilities and management authority.

The relevant administrative departments shall notify the administrative department of development planning of the provincial people's government within 5 days after the procuratorial agency is legally recognized/kloc-0, and announce the relevant information of the procuratorial agency to the society.