Chapter 1 General Provisions Article 1 (Purpose and Basis) In order to regulate the bidding activities of construction projects in this city, protect the national interests, social public interests and the legitimate rights and interests of the parties involved in bidding activities, in accordance with the "People's Republic of China and the State Council"

The Tendering and Bidding Law, the Implementation Regulations of the Tendering and Bidding Law of the People's Republic of China, the Shanghai Construction Market Management Regulations and other relevant laws and regulations are formulated based on the actual situation of this city.

Article 2 (Scope of application) These Measures shall apply to the survey, design, construction, supervision of construction projects within the administrative region of this city, as well as the procurement of important equipment and materials related to project construction, and bidding activities.

Article 3 (Management Responsibilities) The municipal construction administrative department is the competent department in charge of bidding activities for construction projects in this city.

The Shanghai Construction Project Tendering and Tendering Management Office (hereinafter referred to as the Municipal Tendering and Tendering Office) is responsible for the specific work of bidding activities.

The district construction administrative department shall, within the scope of its duties, be responsible for the management of construction project bidding activities within its jurisdiction.

This Municipality's development and reform, planning, land and resources, finance, state-owned assets, auditing, supervision, finance, transportation, water affairs, ocean, greening and city appearance, civil defense and other departments shall coordinate the implementation of these Measures in accordance with their respective responsibilities.

Article 4 (Scope of Entry Transactions) Municipal and district construction administrative departments shall strengthen supervision over the bidding activities of government-invested construction projects.

Government-invested construction projects, as well as construction projects in which state-owned enterprises and institutions use their own funds and in which state-owned asset investors actually have control, if they meet the statutory bidding scale standards, shall be conducted at a unified municipal or district construction project bidding and bidding transaction place (hereinafter

(referred to as the "Tendering and Bidding Trading Place") conducts the entire process of bidding and bidding activities.

For other construction projects that meet the statutory bidding scale standards, the tenderer may decide on its own whether to enter the bidding trading place to conduct bidding activities.

If the tenderer decides not to enter the bidding trading place, he shall organize the bidding activities on his own in accordance with the law; the construction administrative department can provide public announcements and expert selection services.

Government investment as mentioned in these Measures refers to fixed asset investment activities using government funds.

Government funds include investment funds within the fiscal budget, various special construction funds, unified foreign loans and other government funds.

Article 5 (Informatization Construction) The municipal construction administrative department shall strengthen the informatization construction of bidding and bidding transaction venues, promote electronic bidding and bidding for construction projects in this city, and strengthen information sharing with relevant administrative departments.

.

Chapter 2 Bidding and Bidding Article 6 (Project Bidding Type) The tenderer may conduct separate bidding for the survey, design, construction, supervision of the construction project, and the procurement of important equipment and materials related to the project construction, or may conduct general bidding for the project.

Contracting Tenders.

Construction project design bidding can be conducted in stages for scheme design, preliminary design, construction drawing design, etc., or designs at different stages can be combined for bidding.

Article 7 (Bidding for Design Plans and Bidding by Design Units) Bidding for design plans of construction projects may be based on the characteristics of the project and actual needs, using bidding for design plans or bidding by design units.

The design proposal bidding determines the winning bidder through a comprehensive review focusing on the design plan; the design unit bidding determines the winning bidder through the review of the bidder's personnel composition, performance experience, design fee quotation, and design concept that the bidder intends to engage in the project design.

Article 8 (Startup of Bidding) The tenderer may decide on its own to start bidding activities, and shall bear the risk of failure of the bidding due to changes in various conditions of the project.

Before the bidding for construction projects that enter the market begins, the bidder shall submit a risk commitment letter to the municipal bidding office or the district construction administrative department.

The construction bidding for government-invested construction projects shall have construction drawing design documents, and the construction supervision bidding shall have approved preliminary design documents.

Article 9 (Re-contracting of General Project Contracting) If a general project contracting unit re-contracts the survey, design or construction it undertakes to enterprises with corresponding qualifications in accordance with the law, it may use bidding or direct contracting; the corresponding design and construction general contracting enterprises

Some professional projects can be subcontracted in accordance with the law.

Article 10 (Batch Bidding and Pre-selected Bidding) If the bidder implements multiple similar projects at the same time, it may use batch bidding.

Bidding for emergency rescue projects and frequently occurring projects such as house repair, landscaping maintenance, municipal facilities and water conservancy facility maintenance can be conducted through pre-selected bidding.

Article 11 (Division of bid sections) The tenderer shall reasonably divide the bid sections according to the characteristics of the construction project, and shall not use the division of bid sections to reduce the qualifications of bidders.

The division standards for construction project bidding sections shall be determined by the municipal construction administrative department in conjunction with relevant administrative departments.

Article 12 (No bidding situation) If the construction unit that obtains the construction project through competitive methods such as bidding, competitive negotiation, competitive consultation, etc., has the survey, design, and construction qualifications and carries out the survey, design, and construction of the project on its own,

The survey, design, and construction of this project are exempt from bidding.