Notice of the general office of the national development and Reform Commission on further improving the implementation of regulations on engineering projects subject to bidding and regulations on the scope of infrastructure and public utility projects subject to bidding In order to further improve the implementation of the provisions on engineering projects that must be subject to bidding (No
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16 order of the national development and Reform Commission in 2018, hereinafter referred to as the “No
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16 order”) and the provisions on the scope of infrastructure and public utility projects that must be subject to bidding (No
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843 document of the national development and Reform Commission in 2018, hereinafter referred to as the “No
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843 document”), the relevant matters are hereby notified as follows: 1 The scope of the subject construction project (1) the project concerning the use of state-owned funds
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“Budget funds” in Article 2 (1) of decree No.16 refers to the budget funds stipulated in the budget law, including general public budget funds, government funds, state-owned capital operation budget funds and social insurance funds
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The “holding or dominant position” in Item (2) shall be implemented according to the understanding of the controlling shareholder and actual controller in article 216 of the company law, that is, “shareholders whose capital contribution accounts for more than 50% of the total capital of a limited liability company or whose shares account for more than 50% of the total capital of a joint stock limited company; the proportion of capital contribution or shares held Although it is less than 50%, the shareholders who have enough voting rights to have a significant impact on the resolutions of the shareholders’ meeting and the shareholders’ general meeting according to their capital contribution or the shares they hold; the state-owned enterprises and institutions which can actually support the project construction through investment relations, agreements or other arrangements also belong to the holding or dominant position
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The proportion of state-owned funds in a project shall be calculated according to the sum of all state-owned funds in the source of project funds
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（2） About the relationship between project and single purchase
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For projects within the scope specified in Article 2 to Article 4 of order No.16 and Article 2 of no.843 document, if the single procurement of survey, design, construction, supervision and important equipment and materials related to engineering construction respectively meets the corresponding single contract price estimation standard specified in Article 5 of order No.16, the single procurement shall be subject to bidding; if the single procurement of the project fails to meet the above-mentioned corresponding standard, it shall not belong to the category of bidding The scope of bidding required by order 16
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（3） On the list of bidding scope
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The scope and scale standards of construction projects that must be subject to bidding according to law shall be in strict accordance with the provisions of Article 3, order No
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16 and Document No
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843 of the law on bidding and tendering; if laws, administrative regulations or the State Council have provisions on the scope of other projects that must be subject to bidding, such provisions shall prevail
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If there is no basis for laws, administrative regulations or provisions of the State Council, it is not allowed to compulsorily require bidding for the service items that are not clearly listed in Article 5, paragraph 1 (3) of order No
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16 and the items that are not clearly listed in Article 2 of Document No
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843
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（4） On consolidated procurement in the same project
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Article 5 of order No.16 stipulates that “for the procurement of survey, design, construction, supervision and important equipment and materials related to engineering construction that can be combined in the same project, if the total estimated contract price reaches the standards specified in the preceding paragraph, bidding must be conducted”, so as to prevent the employer from evading the bidding by breaking the whole into parts
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Among them, “the same project can be combined” refers to the same kind of procurement projects which are suitable for purchasing together in the same project according to the actual situation of the project, industry standards or industry practices, in line with the requirements of science, economy and operability
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（5） On the scale standard of general contract bidding
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For the projects within the scope of Article 2 to Article 4 of order 16, if the employer contracts all or part of the project and the goods and services related to the project construction according to law, as long as one of the estimated prices of the construction, goods and services in the general contract meets the corresponding standards specified in Article 5 of order 16, that is, the estimated price of the construction part reaches more than 4 million yuan, If the price of goods is more than 2 million yuan, or the price of services is more than 1 million yuan, the whole general contracting contract shall be subject to bidding
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2、 If the estimated price of a single contract for the procurement of construction, goods and services does not reach the scale standard specified in Article 5 of order No
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16 for the procurement of construction projects below the scale standard and within the scope specified in Article 2 of order No
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16 and Article 2 of Document No
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843, the purchaser shall independently choose the procurement method in accordance with the law, and no unit or individual shall illegally interfere with the procurement, If government procurement is involved, it shall be implemented in accordance with the laws and regulations of government procurement
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State owned enterprises can establish and improve the procurement system of engineering construction projects below the scale standard, and promote the openness and transparency of procurement activities
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3、 All localities shall strictly implement the scope and scale standards stipulated in order No
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16 and No
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843, and shall not separately formulate the scope and scale standards that must be subject to bidding, and shall not make any provisions that conflict with order No
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16, No
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843 and this circular
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They shall continue to deepen the reform of “deregulation, management and service” in the field of bidding and strive to create a good market environment
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General Office of the national development and Reform Commission October 19, 2020 related reading: Civil Code of the people’s Republic of China (excerpt – contract edition) [industry nation building] Construction Law of the people’s Republic of China [2019] [industry nation building] Bidding Law of the people’s Republic of China [2017] [industry nation building] regulations on the implementation of Bidding Law of the people’s Republic of China [industry nation building] Regulations on the scope of infrastructure and public utility projects subject to bidding [order of the national development and Reform Commission of the people’s Republic of China (No
.
16)] [industry nationwide construction] regulations on the scope of infrastructure and public utility projects subject to bidding [industry Guangdong construction] measures for Guangdong Province to implement the Bidding Law of the people’s Republic of China [2019] notice of the Supreme People’s Court on hearing construction contract of construction projects Explanation of legal issues applicable to the same dispute cases (1) welcome to pay attention to, share, like and collect
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Yang Tao’s lawyer’s practice license No.: 14401201910118223 master’s degree, member of China law society, director of Gansu chamber of Commerce in Guangdong Province, member of the “one belt and one road” lawyer alliance
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He successively worked in Beijing Guantao Zhongmao (Guangzhou) law firm, Guangdong Guanghong Holding Co., Ltd., Guangdong Nanguo Desai law firm and other units, and served as deputy director of legal affairs and securities affairs of listed state-owned enterprise Guangdong Guanghong Holding Co., Ltd
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during 2017
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He is a full time lawyer with Chinese mainland lawyer practice license, qualification through securities and private equity fund qualification, and is familiar with civil litigation business, securities, private placement, enterprise compliance management and other professional legal matters
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Areas of expertise: equity acquisition and merger legal affairs, shareholder investment disputes, sales and leasing contract disputes, loan (financing) disputes, labor disputes, intellectual property disputes, housing sales and leasing disputes, construction contract disputes, road traffic accident liability disputes, personal injury disputes, company law (including listed companies, state-owned enterprises, domestic and foreign funded companies) Legal advisory services, professional legal issues of asset mortgage and pledge, professional legal issues of bond issue and stock issue, reform of state-owned enterprises and other legal issues.
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