Regulations of People's Republic of China (PRC) Municipality on the Implementation of the Bidding Law
Seventh in accordance with the relevant provisions of the state, the bidding scope, bidding method and bidding organization form must be submitted to the project examination and approval department for examination and approval. The project examination and approval department shall promptly notify the relevant administrative supervision departments of the scope, method and organizational form of the tender determined by the examination and approval.
Eighth state-owned funds holding or leading position of the project, according to the law must be tender, it should be open tender; But in any of the following circumstances, you can invite tenders:
(a) the technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose;
(two) the cost of public bidding accounts for a large proportion of the project contract amount.
The project specified in Article 7 of this Ordinance is under any of the circumstances listed in Item (2) of the preceding paragraph, which shall be determined by the project examination and approval department when examining and approving the project; Other projects shall be determined by the tenderer applying to the relevant administrative supervision departments.
Article 9 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.
Article 10 The tenderee stipulated in the second paragraph of Article 12 of the Bidding Law has the ability to prepare bidding documents and organize bid evaluation, which means that the tenderee has technical and economic professionals suitable for the scale and complexity of the project subject to tender.
Eleventh bidding agency qualification in accordance with the provisions of the law and the State Council by the relevant departments.
The competent departments of urban housing and urban construction, commerce, development and reform, industry and informatization in the State Council shall, in accordance with the prescribed division of responsibilities, supervise and manage the tendering agency according to law.
Article 12 A bidding agency shall have a certain number of professionals who have obtained professional qualifications for bidding. The specific measures for obtaining the professional qualification for bidding shall be formulated by the human resources and social security department of the State Council in conjunction with the development and reform department of the State Council.