What project can be approved by what department without bidding?

Projects that do not use state funds, personal investment is greater than state funds, or loans from other institutions. The place where you apply for construction is the place where the National Development and Reform Commission established the project, and then the bidding activities will be carried out according to the project established by the National Development and Reform Commission.

Extended data:

Law on Tendering and Bidding Article 3 Bidding must be conducted for the following construction projects within the territory of 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 that use loans or aid funds from international organizations or foreign governments.

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.

Standard provisions of the State Development Planning Commission of the People's Republic of China on the bidding scope and scale of engineering construction projects

(third place)

Article 1 These Provisions are formulated in accordance with Article 3 of the Bidding Law of People's Republic of China (PRC) for the purpose of determining the specific scope and scale standards of engineering construction projects that must be subject to bidding and standardizing bidding activities.

Article 2 The scope of infrastructure projects related to public interests and public safety includes:

(1) Energy projects such as coal, oil, natural gas, electric power 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.

Article 3 The scope of public utility projects related to social public interests and public safety includes:

(a) 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:

(a) the use of financial budget funds at all levels of the project;

(two) the use of various government 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 financed by bonds issued by the state;

(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 funds from international organizations or foreign governments includes:

(1) Projects using loan funds from international organizations such as the World Bank and the Asian Development Bank;

(2) Projects using loan funds from foreign governments and their institutions;

(3) Projects that use aid funds from international organizations or foreign governments.

Article 7 All kinds of 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:

(a) 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;

(four) the estimated price of a single contract is lower than the standards stipulated in items (1), (2) and (3), but the total investment of the project is more than 30 million yuan.

Article 8 Where a specific patent or proprietary technology is used in the survey and design of a construction project, or there are special requirements for its artistic modeling, with the approval of the competent department of the project, the tender may not be invited.

Ninth projects that must be subject to tender according to law, all use state-owned capital investment or state-owned capital investment in the holding or leading position, should be open tender.

Bidding activities are not restricted by regions and departments, and may not discriminate against potential bidders.

Article 10 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation, stipulate the specific scope and scale standards of local bidding, but they shall not narrow the scope of bidding as determined in these Provisions.

Eleventh the State Development Planning Commission may, according to the actual needs, jointly with the relevant departments of the State Council, make some adjustments to the specific scope and scale standards that must be subject to tender as determined in these Provisions.

Article 12 These Provisions shall come into force as of the date of promulgation.

Release department: National Development and Reform Commission (including the former State Development Planning Commission and the former State Planning Commission) Release date: May 0, 20001Implementation date: May 0, 20001.

Scope of non-tendering:

Article 66 of the Bidding Law involves national security, state secrets, emergency rescue and disaster relief or the use of poverty alleviation funds.

Projects that need to use migrant workers due to special circumstances such as disaster relief and are not suitable for bidding can be implemented in accordance with relevant state regulations.

No bidding.

Article 9 Except for the special circumstances stipulated in Article 66 of the Bidding Law, no bidding shall be conducted under any of the following circumstances:

(a) the need to adopt irreplaceable patents or proprietary technology;

(2) The purchaser may construct, produce or provide it by himself according to law;

(3) Investors of franchise projects selected through bidding can construct, produce or provide them by themselves according to law;

(four) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;

(five) other special circumstances stipulated by the state.

If a tenderer practices fraud in order to apply the provisions of the preceding paragraph, it belongs to the evasion of bidding as stipulated in Article 4 of the Bidding Law.

References:

People's Republic of China (PRC) Bidding Law-Baidu Encyclopedia