[Interpretation of the new regulations] significantly narrowing the scope of mandatory tendering, na

With the approval of the State Council, the National Development and Reform Commission recently issued the "Regulations for Projects that Must Be Biddered" (National Development and Reform Commission Order No. 16, hereinafter referred to as Order No. 16), which will take effect on June 1, 2018. Approved by the State Council on April 4, 2000, and the “Regulations on the Scope and Scale of Bidding for Engineering Construction Projects” issued by the former National Development Planning Commission on May 1, 2000 (Order No. 3 of the National Development Planning Commission, hereinafter referred to as Order No. 3) shall be abolished at the same time.

Compared with the 3rd order, the 16th order mainly modifies three aspects:

The first is to narrow the scope of the project that must be tendered.

From the nature of the use of funds, the “all or part of the use of state-owned funds or national financing projects” as stipulated in Article 3 of the Tendering and Bidding Law is clarified as the use of budget funds of more than 2 million people, and the funds account for 10 More than % of the projects, as well as the use of state-owned enterprises and institutions, and the funds account for holding or leading positions.

From the perspective of specific projects, the State Council's development and reform department is authorized to work with the relevant departments of the State Council to formulate the specific scope of projects that involve public infrastructure and public utilities, such as large-scale infrastructure and public utilities, that must be tendered in accordance with the principles that are necessary and strictly defined. Approved by the State Council. At present, the National Development and Reform Commission has formed a draft of the specific scope with the relevant departments, which has been substantially reduced compared with the No. 3 order. After being approved by the State Council, it will be released before the formal implementation of the “Project Requirements for Bidding”.

The second is to raise the scale standards of the required bidding projects.

According to the level of economic and social development, the bidding limit for construction will be raised to 4 million yuan, and the bidding limit for the procurement of important equipment and materials will be raised to 2 million yuan, and the bidding limit for procurement of survey, design, supervision and other services will be raised to 1 million yuan, doubled compared with the 3rd order.

The third is to clarify the scale standards for national implementation.

In the Order No. 3, “the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may stipulate the specific scope and scale standards for bidding in the region according to actual conditions, but may not narrow the scope of bidding that must be conducted in these regulations.” Uniform rules cannot be adjusted separately.