(1) According to the Law on Tendering and Bidding: "Article 3 Bidding must be conducted for 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:
(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 formulated by the development planning department of the State Council in conjunction with the relevant departments of the State Council and submitted 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. "
(2) According to the "Regulations on the Implementation of the Bidding Law", "Article 8 A project that must be subject to tender according to law with state-owned funds as the holding or leading position shall be publicly tendered; 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. "
Under what circumstances must public bidding be conducted?
Article 11 of the Bidding Law stipulates that if the national key projects of the development planning department of the State Council and the local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are not suitable for public bidding, they may be invited to bid with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The essence of this provision is to emphasize that key projects must be subject to public bidding. First, national key projects and local key projects should be invited for public bidding. National key construction projects refer to key projects that have a significant impact on national economic and social development and are determined by the development planning department of the State Council in consultation with the relevant competent departments of the State Council. Local key construction projects refer to key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government that have a significant impact on the economic and social development of the region. It can be seen that key construction projects must meet at least two standards: first, the investment scale must meet the large and medium-sized standards stipulated by the state; Second, it has a great influence on the national economy or the economic and social development of the region in practice. Most of these projects belong to infrastructure, basic industries and pillar industries, or high-tech projects that can drive the progress of the industry. In order to ensure the management of key construction projects and ensure the engineering quality and timely completion of key construction projects, public bidding must be adopted. Because public bidding has more advantages in transparency and competitiveness, it can better reflect the purpose and purpose of the bidding system. 1996 promulgated and implemented the Measures for the Administration of National Key Construction Projects, which stipulates that the design, construction, supervision and equipment procurement of the main works of national key construction projects shall be publicly invited by the legal person of the construction project according to law, and the winning bidder shall be selected on the basis of merit. The Bidding Law further confirmed this system. Second, key projects that are not suitable for public bidding can be invited for bidding after approval. In some cases, for example, because the project technology is complex or has special requirements, involving patent protection, limited by natural resources or environment, it is difficult to determine new technologies or technical specifications in advance, and the number of qualified bidders to choose from is limited, so it is not suitable or feasible to conduct public bidding. In this case, the tenderer may choose another bidding method stipulated in Article 10 of the Bidding Law-inviting bidding. The number of bidders invited to tender is limited, and the openness and competitiveness are far less than that of public bidding, which is prone to illegal operations and insider trading. Without strict supervision, it will bring irreparable losses to key projects. Considering that the national key projects and local key projects are determined by the development planning department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, it is more appropriate for the project determination department to exercise the supervision right of bidding. Therefore, Article 11 of the Bidding Law stipulates that if it is not suitable for public bidding, it may invite bidding with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
What conditions must be met in public bidding?
What are the requirements for public bidding?
The public bidding stipulated in the second paragraph of Article 10 of the Bidding Law refers to the bidding method in which the tenderer issues a tender announcement in public publications according to legal procedures, and all qualified suppliers or contractors can participate in the bidding competition on an equal footing and select the winning bidder.
According to the provisions of this article, public bidding shall meet the following conditions:
(1) The tenderer shall issue an invitation for public bidding to unspecified legal persons or other organizations (some scientific research projects may also be invited for public bidding, including individuals). The tenderee sends invitations to unspecified people by publishing information such as the bidding project, the specific equipment to be purchased or the content of the project on the public media familiar to the club. Any legal person, other organization or individual who thinks that it meets the requirements of the tenderee has the right to obtain the tender documents from the tenderee and bid at that time. Where public bidding is adopted, the tenderee shall not refuse to sell the bidding documents to qualified bidders under any excuse, and shall not illegally restrict potential bidders from bidding for projects that must be subject to bidding according to law under the pretext of regions or departments.
(2) Public bidding must be made public by announcement, so that as many potential bidders as possible can obtain bidding information and come to bid, thus ensuring the openness of public bidding. In real life, people often see "XXX tender announcement" in newspapers, which is the way of public bidding. Bidding by other means, such as sending letters to individual suppliers or contractors, is not a method of announcement and should not be adopted by open bidders. There are many ways to publish the tender announcement, such as through newspapers, radio, Internet and other public media. The advantages of public bidding are that bidders can be selected to the maximum extent, competition is stronger, and the selection rate is higher. At the same time, bribery in bidding activities can be avoided to a great extent. Therefore, this method is usually used in international procurement.
Which projects must be invited for public bidding?
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.
essay
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. ...
On the scope of construction projects that must be publicly tendered (if it must be publicly tendered, it will not be publicly tendered).
Private full investment is not within the scope of bidding, but there are relevant approval links.
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.
Under what circumstances can't public bidding be conducted?
Measures for Tendering and Bidding of Construction Goods Article 11 The procurement of goods for national key construction projects determined by the development and reform department of the State Council and local key construction projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be subject to public bidding; Under any of the following circumstances, an invitation to bid may be conducted upon approval: (1) The goods are technically complex or have special requirements, and only a few potential bidders can choose; (two) involving national security, state secrets or disaster relief, which is suitable for bidding but not suitable for public bidding; (3) Compared with the cost of public bidding, the cost of public bidding is not worth the loss; (four) the provisions of laws and administrative regulations are not suitable for public bidding. The bidding for goods of national key construction projects is approved by the development and reform department of the State Council; Bidding for goods of local key construction projects must be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 27 of the Procurement Law of People's Republic of China (PRC) * * * If a purchaser purchases goods or services by public bidding, the specific amount standard belongs to the * * * procurement items in the central budget and shall be stipulated by the State Council; * * * Procurement items belonging to local budgets shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; If it is necessary to adopt procurement methods other than public bidding due to special circumstances, it shall be approved by the procurement supervision and administration department of the people's government at or above the city or autonomous prefecture with districts before the start of procurement activities.
Under what circumstances does road construction not need public bidding?
What is said upstairs is Order No.3, which was issued by the national ministries and commissions. What the landlord said is the local standard in Henan; So the limit is different. Moreover, whether bidding is necessary can't just look at the amount. Generally, we should first look at the provisions of the Basic Law, that is, the Bidding Law of People's Republic of China (PRC), and then look at the ministries and local regulations.
First of all, the Basic Law stipulates that
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 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 formulated by the development planning department of the State Council in conjunction with the relevant departments of the State Council and submitted 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.
Second, refer to local regulations.
Measures of Henan Province on Implementing the Bidding Law of People's Republic of China (PRC)
Generally, road construction requires bidding, because it is state-owned capital, large-scale infrastructure and public utilities. If the amount is small, you can go to the local bidding management center for examination and approval, whether you can not bid, or even if you want to bid, you can apply for approval of bidding for reasons such as small amount and tight construction period.
Which projects must be tendered?
Answer: 1. Scope of work: The following construction projects, 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 projects, 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 procurement of survey, design, supervision and other services is estimated to be more than 300,000 yuan for a single contract; (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.