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Sichuan Province National Investment Engineering Construction Project Bidding Regulations

Chapter 1 General Provisions Article 1 In order to regulate the bidding activities of national investment engineering construction projects, protect national interests, social public interests and the legitimate rights and interests of the parties involved in bidding activities, ensure project quality, and improve the economy Benefits, these regulations are formulated in accordance with the "Tendering and Bidding Law of the People's Republic of China" and relevant national laws and regulations, combined with the actual situation of Sichuan Province. Article 2 This article shall apply to state-invested engineering construction projects (hereinafter referred to as projects) within the administrative region of Sichuan Province, including project survey, design, construction, supervision, and bidding activities for the procurement of important equipment and materials related to project construction. regulations.

The specific scope and scale standards of projects that must be tendered shall be stipulated by the Provincial People's Government.

For bidding projects directly managed by various departments of the State Council, if the state has other regulations, such regulations shall prevail. Article 3 The “state-invested engineering construction projects” referred to in these Regulations refer to projects that are fully or partially invested with state-owned funds or financed by the state.

Projects that are fully or partially invested with state-owned funds include:

(1) Projects using fiscal budget funds at all levels;

(2) Projects that are included in the fiscal budget Projects managed by various government special construction funds;

(3) Projects using the own funds of state-owned enterprises and institutions;

(4) Other state-owned projects recognized by the Provincial People’s Government capital investment projects.

Projects that use state financing in whole or in part include:

(1) Projects that use funds raised by state bonds;

(2) projects that use state financing Projects that borrow or guarantee funds raised;

(3) Projects that use national policy loans;

(4) Projects that are financed by state-authorized investment entities;

< p> (5) Nationally chartered financing projects;

(6) Other national financing projects recognized by the Provincial People's Government. Article 4 Project bidding shall implement a system in which the tenderer invites bids in accordance with the law, the bid evaluation committee independently evaluates the bids, and the administrative agencies supervise the bids in accordance with the law.

Tendering and bidding activities shall follow the principles of openness, fairness, impartiality and good faith. No unit or individual may illegally interfere with bidding activities. Article 5 The provincial development planning department shall guide and coordinate the bidding and bidding work in the province, and formulate supporting regulations for bidding and bidding together with relevant administrative departments.

The development planning departments of the people's governments of cities, states, and counties (cities, districts) shall guide and coordinate bidding activities within their respective administrative regions in accordance with the law.

Administrative departments at all levels including development planning, economy and trade, finance, construction, railways, transportation, information industry, water conservancy, foreign trade and trade, and civil aviation shall, in accordance with their respective responsibilities, supervise bidding activities and accept complaints. Investigate and deal with illegal activities in tendering and bidding activities in accordance with the law. Chapter 2 Bidding and Tendering Article 6 For projects that require bidding, the tenderer shall submit the following bidding matters to the project approval department for approval:

(1) Bidding scope, including all or part of the bidding.

(2) Bidding methods, including public bidding or invitational bidding. If you plan to use invitational bidding, you must meet the prescribed conditions and make a written explanation.

(3) Tendering organization form, including entrusted bidding or self-tendering. Those who plan to invite bids on their own must meet the prescribed conditions and submit relevant written materials.

(4) Preliminary contracting plan.

The content that has been approved in the preceding paragraph shall not be changed by the tenderer. If changes are really needed, they must be reported to the original approving department for approval.

The term “project approval department” as mentioned in these Regulations refers to the department that examines and approves project feasibility study reports. Article 7 Projects requiring public bidding for which all state-owned capital investment is used or where state-owned capital investment holds a controlling or dominant position shall be subject to public bidding; however, if the situation falls under the circumstances stipulated in Article 9 of these Regulations, bidding may be invited. Article 8 A bidding announcement shall be issued for public bidding.

Tender announcements for projects that must be publicly tendered shall be published in the media designated by the national or provincial development planning department in accordance with regulations. While publishing the bidding announcement in the designated media, the tenderer may also publish the bidding announcement in other media according to the nature and needs of the project, and the content of the announcement shall be the same as the bidding announcement published in the designated media. Article 9 For projects that require bidding, if one of the following circumstances occurs, the bidder may use invitation bidding with the approval of the project approval department. If it is a provincial key project, it shall be approved by the Provincial People's Government:

(1) ) Due to technical complexity or special requirements, there are only a few potential bidders to choose from;

(2) Restricted by the natural geographical environment;

(3) Involving national security, State secrets;

(4) The cost of public bidding accounts for an excessively large proportion of the total project investment; (5) Laws, regulations, and rules prohibit public bidding.