No unit or individual may break up projects that must be subject to bidding according to law or evade bidding in any other way. Article 4 In case of any of the following circumstances, a project that requires government approval according to the provisions of the state may not be subject to tender after approval:
Involving national security and state secrets;
(2) Emergency rescue and disaster relief;
(three) the main processes and technologies that adopt specific patents or proprietary technologies;
(four) the technology is complex or professional, and there are less than three survey and design units that can meet the conditions and cannot form effective competition;
(five) the completed project needs modification, expansion or technical transformation, and the design by other units affects the functional compatibility of the project. Fifth survey and design bidding work by the tenderer. No unit or individual may illegally interfere in bidding activities in any way. Article 6 Departments of development planning, economy, trade, construction, railway, transportation, information industry (communication, electronics), water conservancy, civil aviation, radio and television at all levels shall, in accordance with the Notice of the General Office of the State Council on Printing and Distributing Opinions on the Division of Responsibilities of Relevant Departments in the State Council for Administrative Supervision of Bidding Activities (Guo Ban Fa [2000] No.34) and the division of responsibilities stipulated by various localities, supervise the bidding activities of survey and design of engineering construction projects, and investigate and deal with them according to law. Chapter II Bidding Article 7 A tenderer may, according to the different characteristics of a construction project, conduct a one-time comprehensive bidding for survey and design; Can also be in the premise of ensuring the integrity and continuity of the project, in accordance with the technical requirements of the implementation of sub-division or sub-tender.
A tenderer may not use the provisions of the preceding paragraph to break up the projects that must be subject to tender according to law, or avoid bidding by other means. Article 8 For a construction project that must be subject to tender according to law, the tenderer may conduct general contracting tender for the survey, design and construction of the project and the procurement of important equipment and materials related to the project construction. Ninth construction projects that must be subject to survey and design bidding according to law shall meet the following conditions when bidding:
(a) in accordance with the relevant provisions of the state, the project examination and approval procedures need to be fulfilled and have been approved.
(two) the funds needed for survey and design have been implemented.
(3) Collected the necessary basic data of survey and design.
(4) Other conditions stipulated by laws and regulations. Tenth engineering construction project survey and design bidding is divided into public bidding and invitation bidding.
All construction projects with state-owned capital investment or holding or leading position of state-owned capital investment, as well as national key projects determined by the development and reform department of the State Council and local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, shall be subject to public bidding in addition to meeting the conditions stipulated in Article 11 of these Measures and obtaining approval according to law. Eleventh engineering construction projects that must be subject to survey and design bidding according to law may be invited to bid under the following circumstances:
(a) the project is technical and professional, or the environment and resources are special, and the number of qualified potential bidders is limited;
(two) the use of public bidding, the cost of construction projects accounted for a large proportion of the total investment;
(3) The construction conditions are limited by natural factors. If public bidding is adopted, the timing of project implementation will be affected.
Where a tenderer adopts the method of inviting tenders, it shall ensure that there are more than three specific legal persons or other organizations that have the ability to undertake the survey and design of the project subject to tender and have corresponding qualifications to participate in the bidding. Article 12 A tenderer shall sell the tender documents or pre-qualification documents at the time and place specified in the tender announcement or invitation to bid. From the date of sale of the tender documents or pre-qualification documents to the date of stopping the sale, the shortest time shall not be less than five working days. Article 13 During the prequalification, the tenderee shall only sell the bidding documents to the potential bidders who have passed the prequalification, and at the same time inform the potential bidders who have passed the prequalification of the prequalification results. Article 14 All potential bidders who have passed the prequalification shall be allowed to participate in bidding.
The tenderer shall not restrict or exclude potential bidders who have passed the pre-qualification to participate in the bidding by unreasonable conditions such as drawing lots and shaking numbers. Fifteenth a tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender.
The bidding documents for survey and design shall include the following contents:
(1) Instructions for Bidding;
(two) the format of the tender documents and the main contract terms;
(3) Description of the project, including the source of funds;
(four) survey and design scope, survey and design progress, stage and depth requirements;
(5) Basic data of survey and design;
(six) the payment method of survey and design fees, whether to give compensation and compensation standards to the unsuccessful bidders;
(7) Bid quotation requirements;
(8) Criteria for qualification examination of bidders;
(9) Evaluation criteria and methods;
(10) The validity period of the bid.
The validity period of the bid is the validity period of the bid documents specified in the tender documents, which is calculated from the deadline for submitting the bid documents.
The fees for bidding documents are limited to the compensation for the preparation and printing costs, and the tenderee may not seek benefits by selling the bidding documents.