Article 1 These Measures are formulated for the implementation of the Bidding Law of People's Republic of China (PRC) and in light of the actual situation of this autonomous region.
Article 2 These Measures shall apply to the bidding activities within the administrative area of this autonomous region.
Article 3 The administrative department of development and reform of the people's governments at or above the county level shall be responsible for the guidance and coordination of the bidding work within their respective administrative areas.
The relevant administrative supervision departments of the people's governments at or above the county level shall, in accordance with the division of responsibilities stipulated by the people's governments of the State Council and the autonomous region, supervise the bidding activities and investigate and deal with illegal acts in bidding activities according to law.
Article 4 Any unit or individual has the right to report illegal acts in bidding activities to the relevant administrative supervision departments.
Article 5 Construction projects belong to infrastructure projects and public utilities projects that are related to public interests and safety. Projects funded by state-owned funds, state financing, international organizations or foreign governments, including survey, design, construction, supervision and procurement of important equipment and materials related to project 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.
For other construction projects other than those specified in the preceding paragraph, it is up to the project legal person to decide whether to invite public bidding or choose which bidding method.
Article 6 Infrastructure projects related to social public interests and public safety include:
(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) roads, bridges, culverts, tunnels, slope protection, subway and light rail transportation, sewage discharge and treatment, garbage disposal, underground pipelines, public parking lots and other urban facilities;
(6) Ecological environment protection projects;
(seven) other infrastructure projects.
Seventh public utility projects related to social public interests and public safety include:
(a) water supply, power supply, gas supply, heating, gas, gardens, greening, street lamps and other municipal engineering projects;
(2) Science and technology, education and cultural projects;
(3) Sports and tourism projects;
(4) Health and social welfare projects;
(five) commercial housing, including affordable housing projects;
(6) Other public utility projects.
Eighth investment projects using state-owned funds include:
(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' own funds, and the state-owned assets investors actually have control over the project;
(four) other projects invested by state-owned funds.
Article 9 State-financed projects include:
(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.
Tenth projects that use the funds of international organizations or foreign governments include:
(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.
Eleventh the provisions of the first paragraph of article fifth of the bidding project, in accordance with the relevant provisions of the state need to perform the project examination and approval procedures and one of the following circumstances, after approval, you can not tender:
(a) involving national security, state secrets or emergency rescue and disaster relief, which is not suitable for bidding;
(two) the use of poverty alleviation funds to implement work-for-relief needs to use migrant workers;
(three) the survey and design of construction projects, the use of specific patents or proprietary technology, or its architectural artistic modeling has special requirements;
(four) there are fewer than three contractors, suppliers or service providers, which cannot form effective competition;
(five) other circumstances that are not suitable for bidding as stipulated by laws and regulations.
If the national key projects determined by the administrative department of development and reform of the State Council are not subject to tender, they shall be approved by the administrative department of development and reform of the State Council; If the local key projects determined by the people's government of the autonomous region are not subject to tender, they shall be approved by the people's government of the autonomous region. All the construction projects that use state-owned capital investment or state-owned capital investment occupy a holding or leading position and need to be approved are not subject to tender, and shall be approved by the project approval department; However, if the project approval department only approves the project, it shall be approved by the relevant administrative supervision department.
Twelfth do not need to go through the formalities for examination and approval of the project, but according to the law must be tender for construction projects, one of the circumstances stipulated in the first paragraph of Article 11 of these measures, after reporting to the relevant administrative departments for the record, can not tender.
Thirteenth all the use of state-owned capital investment or state-owned capital investment in the holding or leading position of engineering construction projects, as well as the the State Council municipal development and reform administrative departments to determine the national key construction projects and the autonomous region people's government to determine the local key construction projects, should be open tender; In any of the following circumstances, with the approval of the examination and approval department as stipulated in Article 11 of these Measures, bidding may be conducted:
(a) because of the complex technology and strong professionalism, only a few qualified potential bidders can choose;
(two) involving the protection of patent rights;
(3) Limited by natural geographical conditions;
(four) it is difficult to determine the specifications of important equipment in advance;
(five) compared with the project value, the proposed public bidding fee is not worthy of public bidding;
(six) other circumstances stipulated by laws and regulations that are not suitable for public bidding.
Fourteenth bidding activities shall be organized by the tenderer or its entrusted bidding agency according to law.
If the tenderee has the conditions for self-tendering stipulated by the state, it can handle the tender matters on its own; If it does not meet the requirements of self-tendering stipulated by the state, it shall entrust a bidding agency with the qualification of bidding agency to handle the bidding matters.
The bidding agency shall handle the bidding matters within the scope entrusted by the tenderer and abide by the provisions of these Measures on the tenderer.