Bidding Law of People's Republic of China (PRC)

Article 3 The following construction projects in People's Republic of China (PRC) include engineering survey, design and implementation.

Engineering, supervision and procurement of important equipment and materials related to engineering construction must be subject to tender:

(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 using loans or aid funds from international organizations or foreign countries.

The specific scope and scale standards of the projects listed in the preceding paragraph shall be determined by the development planning department of the State Council in conjunction with the relevant departments of the State Council.

The door is formulated and reported to the State Council for approval.

Where the law or the State Council has provisions on the scope of other projects that must be subject to tender, such provisions shall prevail.

Standard provisions on the scope and scale of bidding for engineering construction projects

second

The scope of infrastructure projects related to public interests and public safety includes: (1) energy projects such as coal, oil, natural gas, electricity 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) urban facilities such as roads, bridges, subways and light rail transportation, sewage discharge and treatment, garbage disposal, underground pipelines, public parking lots, etc.; (6) Ecological environment protection projects; (seven) other infrastructure projects.

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The scope of public utility projects related to social interests and public safety includes: (1) municipal engineering projects such as water supply, power supply, gas supply and heating; (two) science and technology, education, culture and other projects; (three) sports, tourism and other projects; (four) health, social welfare and other projects; (five) commercial housing, including affordable housing; (6) Other public utility projects.

Article 4

The scope of investment projects using state-owned funds includes: (1) projects using budgetary funds at all levels; (two) the use of various special construction funds included in the financial management of the project; (three) the use of state-owned enterprises and institutions of their own funds, and the state-owned assets investors actually have control over the project.

Article 5

The scope of state-funded projects includes: (1) projects that use the funds raised by the state to issue bonds; (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.

Article 6

The scope of projects using international organizations or foreign funds includes: (1) projects using loan funds from international organizations such as the World Bank and the Asian Development Bank; (2) Projects using foreign loans and institutions; (3) Projects that use international organizations or foreign aid.

Article 7

All kinds of engineering construction projects within the scope specified in Articles 2 to 6 of these Provisions, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender if they meet one of the following standards: (1) 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; (4) The estimated price of a single contract is lower than the standards specified in items (1), (2) and (3), but the total investment of each item is more than 30 million yuan.

Article 8

In the survey and design of construction projects, if a specific patent or proprietary technology is adopted, or there are special requirements for its architectural artistic modeling, the bidding may not be conducted with the approval of the competent department of the project.

Article 9

If all the projects that must be subject to tender according to law are invested by state-owned funds or state-owned funds occupy a controlling or leading position, public bidding shall be conducted. Bidding activities are not restricted by regions and departments, and may not discriminate against potential bidders. ...

Which projects must be tendered?

Answer: 1. Scope of Project: The following construction projects within the administrative area of this province, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender: (1) 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 using loans or aid funds from international organizations or foreign countries. 2. Bidding scale standard according to law: (1) The estimated single contract is more than 300,000 yuan for service procurement such as survey, design and supervision; (2) The estimated amount of a single construction contract is more than RMB 1 10,000 yuan or the construction area is more than 2,000 square meters; (three) the procurement of important equipment, materials and other goods, the single contract is estimated to be more than 500 thousand yuan; (4) Projects with a single contract estimated to be lower than the scale standards specified in the preceding three items, but meeting one of the following standards: a. Projects with a total investment of more than 20 million yuan; B, the use of financial budget funds at all levels, all kinds of special construction funds or administrative fees included in financial management, and the amount of state financing all exceed RMB 654.38+00000.

What are the projects that must be tendered?

(a) the scope of construction projects that must be subject to tender

According to Article 3 of the Bidding Law, the following engineering construction projects, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to bidding:

(1) 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 using loans or aid funds from international organizations or foreign countries.

[Key analysis]

1. The scope of the project that must be tendered must be accurately grasped, and at the same time, attention should be paid to the contents of the tender, including survey, design, construction, supervision and procurement of important equipment and materials (don't forget the word "important").

2. Private investment projects that meet the requirements in "1" must also be invited for bidding. For example, private investment in commercial housing projects.

(two) the scale standard of the project subject to tender

Projects such as engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction specified in the Standard Provisions on the Scope and Scale of Bidding for Construction Projects must be subject to bidding if they meet one of the following standards:

(1) The estimated price of a single construction contract is more than 2 million yuan;

(2) The estimated price of a single contract for the procurement of important equipment, materials and other goods is more than RMB1000000;

(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;

(4) The estimated price of a single contract is lower than the standards specified in 1, 2 and 3. However, the total investment of the project exceeds 30 million yuan.

[Key analysis]

1. The above provisions on these amounts must be accurately grasped, and special attention should be paid to the total investment of the project above 30 million yuan.

2. The monetary unit is RMB. Pay attention to the unit of measurement when answering questions. For example, the word "USD" is not clearly understood, and the option of "estimated price of a single construction contract is $6,543,800+0,000" may be mistaken for the correct option.

3. Pay attention to the "various" mentioned above. These words mean that only projects that meet the above-mentioned "bidding scope" and meet the following standards are projects that must be tendered.

In other words, a project must be subject to tender, and the project must meet two conditions: it must be within the scope of tender and meet the corresponding standards, and both are indispensable. However, a project that does not meet the above two conditions at the same time may be invited to bid, although it is not a project that must be invited to bid.

(three) engineering construction projects that can not be subject to tender.

If a construction project is dismissive of the project that must be tendered, it may or may not be tendered. However, even if it meets the requirements of the project that must be tendered, it may not be tendered under some special circumstances.

Which construction projects must be invited for public bidding?

These specific issues are directly related to the implementation of the Bidding Law. With the approval of the State Council, the State Planning Commission recently promulgated the Standard Provisions on the Scope and Scale of Bidding for Construction Projects, which will be implemented nationwide from this month. The "Regulations" further defines the scope of projects that must be subject to tender according to law as: infrastructure projects related to social interests and public safety, including energy, transportation, posts and telecommunications, water conservancy, urban facilities, ecological environment protection and other projects; Public utility projects related to public interests and public safety, including municipal engineering, science and technology, education, culture, health, social welfare, commercial housing and other projects; Use state-owned funds to invest in projects; National financing projects; Projects using international organizations or foreign funds. At the same time, the regulations pointed out that all kinds of construction projects within the above-mentioned provisions must be tendered if they meet one of the following standards: first, the estimated price of a single construction contract is more than 2 million yuan; Second, the estimated price of important equipment, materials and other goods is more than 6,543,800 yuan; Third, the estimated price of a single contract is more than 500,000 yuan. In order to make state-owned funds play the best economic benefits and promote full competition, the regulations specifically require that all projects invested by state-owned funds or held or dominated by state-owned funds shall be subject to public bidding, and the bidding activities shall not be restricted by regions or departments, and potential bidders shall not be discriminated against.

What are the bidding conditions?

Article 9 of the Bidding Law stipulates that if a project subject to tender needs to go through the examination and approval procedures in accordance with the relevant provisions of the state, it shall go through the examination and approval procedures first and obtain approval. The tenderer shall have the response funds of the project subject to tender or the source of funds has been implemented. In other words, fulfilling the project approval procedures and ensuring the source of funds are two basic conditions that must be met before bidding for a project subject to tender. Among them, the requirements for examination and approval of bidding projects include two aspects: first, whether the construction project itself has gone through the formalities and been approved according to the current project examination and approval management system; Secondly, whether the project that must be subject to tender according to law has gone through the examination and approval procedures for bidding matters according to regulations.

Which projects must be invited for public bidding? Which projects can be invited for bidding?

Article 3 of the Bidding Law The following construction projects in People's Republic of China (PRC), including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to bidding: (1) 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 using loans or aid funds from international organizations or foreign countries. "Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC)" Article 8 Projects that must be subject to bidding according to law with state-owned funds as the holding or leading position shall be subject to public bidding; However, in any of the following circumstances, bidding can be invited: (1) 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.

What materials are needed for project bidding?

The following materials shall be submitted:

(1) Application Form for Qualification of * * * Project Bidding Agency (format text, in duplicate);

(2) A copy of the business license of an enterprise as a legal person or the pre-registration documents for industry and commerce, or a copy of the registration certificate of a social organization as a legal person;

(3) A copy of the capital verification certificate for the last 6 months;

(four) a copy of the property right certificate of the office or a legal and complete lease contract;

(five) the person in charge of the enterprise and the technical and economic person in charge of the office documents, professional title certificates or academic certificates, copies of identity cards;

(6) * * * professional title certificate or academic certificate of engineering technology and economic management personnel and a copy of ID card;

(7) * * * copy of qualification certificate of construction project budget personnel;

(8) social insurance certificates of all employees and labor contract certificates of engineering, technology and economic management personnel;

(9) Copies of relevant engineering performance materials.

The applicant shall also provide the originals of relevant certificates, which shall be returned to the applicant after verification by the accepting organ.

What preparations should be made before bidding for construction projects?

Before bidding for construction projects, the following preparations should generally be made.

(a) the project subject to tender must meet the following conditions

1. The construction project has been formally incorporated into the national, departmental or local annual fixed assets investment plan or approved by relevant departments;

2. The budget estimate has been approved and the qualification has been implemented;

3. The construction land has been requisitioned, all obstacles have been removed, and the "three links and one leveling" on site has been completed or implemented by the construction unit;

4. There are construction drawings and technical data that meet the construction needs;

5. The main building materials (including special materials) and equipment have been implemented to ensure continuous construction;

6. Approved by the planning department where the project is located, with the approval documents of the local competent construction department.

With the above conditions, you can apply for bidding.

(2) Construction of construction projects

1. After the approval document of the construction project or the annual investment plan is issued, if it meets the requirements stipulated in the Measures for the Administration of Construction Projects, it shall be reported to the construction administrative department for examination and registration.

2. Scope of application of construction projects: all kinds of buildings (including new construction, reconstruction, renovation and overhaul, etc.). ), civil engineering, equipment installation, pipeline laying, decoration and other construction projects.

3. The contents of the construction project application mainly include: project name, construction site, investment scale, source of funds, current investment amount, project scale, contract awarding method, planned commencement and completion date, project preparation, etc.

4. Documents to be submitted when the project is submitted for construction:

(1) project approval document or annual investment plan;

(2) Fixed assets investment license

(3) Construction Project Planning Permit

(4) proof of funds.

5. Construction application procedure: The construction unit shall fill in the unified registration form for application review of construction projects. If there is a superior competent department, it shall be approved by the superior competent department and submitted to the construction administrative department together with the documents to be submitted. "Registration Form for Construction Project Application Review" is made in triplicate, one for the administrative department of construction, the tendering and bidding management institution and the construction unit.

(three) the qualification examination of the bidding construction unit

According to China's "Bidding Law" and the provisions of relevant departments, the construction unit shall meet the following conditions for bidding by itself:

1. is a legal person or other organization established according to law;

2. Put forward the project subject to tender and conduct bidding;

3. There are economic and technical management personnel suitable for the bidding work.

4. Have the ability to prepare bidding documents;

5. Ability to organize bid opening and evaluation.

If the above conditions are not met, a qualified bidding agency shall be entrusted to handle the bidding matters. Bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services. A procuratorial agency shall meet the following conditions:

1. It has a business place and corresponding funds to engage in bidding agency business;

2. Having the corresponding professional strength to prepare the bidding documents and organize bid evaluation;

3. A qualified expert database can be used as a member of the bid evaluation committee.

4. A bidding agency engaged in the bidding agency business of engineering construction projects shall also have the qualifications recognized by the construction administrative departments of the State Council or provinces, autonomous regions and municipalities directly under the Central Government. No unit or individual may designate a bidding agency for the tenderer in any way, nor may it force the tenderer to entrust a bidding agency to handle the bidding matters. However, for a project that must be subject to tender according to law, if the tenderer handles the tender by himself, it shall file with the relevant administrative supervision department.

(4) Choose the bidding method.

Project bidding can be a one-time contract, or it can be divided into several independent stages or independent projects, such as unit project bidding, civil engineering bidding and installation project bidding, equipment leprosy bidding and material supply bidding, special professional project bidding, etc.

Which construction projects do not need bidding?

Under any of the following circumstances, the construction project that needs examination and approval may not be subject to construction bidding with the approval of the examination and approval department specified in Article 11 of these Measures: (1) It involves national security, state secrets or emergency rescue and disaster relief and is not suitable for bidding; (two) belonging to the use of poverty alleviation funds to implement the work-for-work relief needs to use migrant workers; (three) the main construction technology adopts specific patents or proprietary technologies; (four) the project built by the construction enterprise for its own use, and the qualification grade of the construction enterprise meets the engineering requirements; (five) the original winning bidder still has the contracting ability of the affiliated small-scale project or the main storey-adding project of the project under construction; (6) Other circumstances stipulated by laws and administrative regulations. In any of the circumstances specified in the preceding paragraph, the cutting project that does not need approval but must be tendered according to law may not be subject to construction tender.

Which projects need to be tendered and which projects must be tendered?

(a) the scope of construction projects that must be subject to tender

According to Article 3 of the Bidding Law, the following engineering construction projects, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to bidding:

(1) 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 using loans or aid funds from international organizations or foreign countries.

[Key analysis]

1. The scope of the project that must be tendered must be accurately grasped, and at the same time, attention should be paid to the contents of the tender, including survey, design, construction, supervision and procurement of important equipment and materials (don't forget the word "important").

2. Private investment projects that meet the requirements in "1" must also be invited for bidding. For example, private investment in commercial housing projects.

(two) the scale standard of the project subject to tender

Projects such as engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction specified in the Standard Provisions on the Scope and Scale of Bidding for Construction Projects must be subject to bidding if they meet one of the following standards:

(1) The estimated price of a single construction contract is more than 2 million yuan;

(2) The estimated price of a single contract for the procurement of important equipment, materials and other goods is more than RMB1000000;

(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;

(4) The estimated price of a single contract is lower than the standards specified in 1, 2 and 3. However, the total investment of the project exceeds 30 million yuan.

[Key analysis]

1. The above provisions on these amounts must be accurately grasped, and special attention should be paid to the total investment of the project above 30 million yuan.

2. The monetary unit is RMB. Pay attention to the unit of measurement when answering questions. For example, the word "USD" is not clearly understood, and the option of "estimated price of a single construction contract is $6,543,800+0,000" may be mistaken for the correct option.

3. Pay attention to the "various" mentioned above. These words mean that only projects that meet the above-mentioned "bidding scope" and meet the following standards are projects that must be tendered.

In other words, a project must be subject to tender, and the project must meet two conditions: it must be within the scope of tender and meet the corresponding standards, and both are indispensable. However, a project that does not meet the above two conditions at the same time may be invited to bid, although it is not a project that must be invited to bid.

(three) engineering construction projects that can not be subject to tender.

If a construction project is dismissive of the project that must be tendered, it may or may not be tendered. However, even if it meets the requirements of the project that must be tendered, it may not be tendered under some special circumstances.