Where the people's governments at the city or county level divided into districts have other provisions on the division of responsibilities for supervision of bidding activities of their subordinate departments, such provisions shall prevail. Article 5 A tenderer is a legal person or other organization that proposes and conducts bidding according to law, is the responsible subject of bidding activities, and is responsible for the bidding process and results. Article 6 No unit or individual may break up the items that must be subject to tender according to law or evade the tender by other means, or illegally restrict or exclude potential bidders from other regions and industries from participating in the tender activities in their own regions and industries, or illegally interfere in the tender activities, or illegally interfere with the autonomy of tenderers and bidders in the tender activities. Article 7 The operating service institutions of public resource trading platforms shall be responsible for providing comprehensive bidding services for market entities, the public and the administrative supervision departments of bidding and tendering according to law, and shall not have subordinate relations with the administrative supervision departments of bidding and tendering, and shall not aim at making profits.
Projects that must be subject to bidding according to law shall enter the public resource trading platform established according to law for the whole process of bidding activities. Article 8 The trading platform for electronic tendering and bidding established according to law shall conform to the relevant provisions and technical specifications of the national electronic tendering and bidding system, and provide necessary conditions for the parties involved in tendering and bidding activities and the tendering and bidding administrative supervision departments to log in and use the trading platform according to their respective responsibilities and registration authority.
Encourage the use of electronic bidding trading platform for bidding.
The form of data message has the same legal effect as that of paper bidding activities. Chapter II Tendering and Bidding Article 9 The following construction projects within the administrative area of this autonomous region, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to bidding and tendering:
(a) large-scale infrastructure, public utilities and other projects related to social interests and public safety;
(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;
(3) Projects that use loans or aid funds from international organizations or foreign governments.
The specific scope and scale standards of the projects listed in the preceding paragraph shall be implemented in accordance with the Provisions on Bidding Projects and the Provisions on Bidding Scope of Infrastructure and Public Utilities issued by the National Development and Reform Commission; If there is any adjustment by the National Development and Reform Commission, it shall be implemented according to its provisions. No unit may make its own bidding scope and scale standards for construction projects.
For projects that are not subject to tender according to law, the project construction unit shall independently decide whether to invite tenders according to law, and no unit or individual may force tenders. Tenth projects that must be subject to tender according to law need to go through the project examination and approval procedures in accordance with the relevant provisions of the state, and their bidding scope, bidding methods and bidding organization forms shall be reported to the project examination and approval department for examination and approval.
The project examination and approval department shall promptly notify the relevant bidding administrative supervision department of the scope, method and organizational form of the bidding determined by the examination and approval.
The tenderer shall organize the bidding according to the approved bidding scope, method and organizational form. Eleventh projects that must be tendered according to law shall be publicly tendered; However, in any of the following circumstances, an invitation to bid may be conducted:
(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;
(three) involving national security, state secrets or disaster relief, which is suitable for bidding but not suitable for public bidding;
(four) the key construction projects determined by the people's Government of the autonomous region are not suitable for public bidding.
Where the circumstances listed in Items (1), (2) and (3) of the preceding paragraph need to be examined and approved in accordance with the relevant provisions of the state, it shall be decided by the project examination and approval department; If approval is not required according to law, it shall be decided by the statutory regulatory authorities. Under any of the circumstances listed in Item 4 of the preceding paragraph, with the approval of the people's government of the autonomous region, an invitation to tender may be conducted.
If inviting tenders is adopted, invitations to bid shall be issued to three or more specific legal persons or other organizations that have the ability to undertake bidding projects and have good credit standing. The invitation to bid shall specify the name and address of the tenderer, the nature, quantity, place and time of implementation of the bidding project, and the way to obtain the bidding documents. Twelfth projects that must be subject to tender according to law may not be subject to tender under any of the following circumstances:
(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 the work for the relief, the need to use migrant workers;
(3) It is necessary to adopt irreplaceable patents or proprietary technologies;
(4) The tenderee may construct, produce or provide it by itself according to law;
(5) Investors of franchise projects selected through bidding can build, produce or provide them by themselves according to law;
(six) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(seven) other circumstances stipulated by the state can not tender.
In order to apply the provisions of the preceding paragraph, the tenderee practices fraud, which belongs to the evasion of bidding as stipulated in Article 4 of the Bidding Law of People's Republic of China (PRC).