Reply of the State Council on the "Provisions for Engineering Projects That Must Be Biddered"

National Development and Reform Commission:

The State Council approves the "Provisions for Projects that Must Be Biddered" (hereinafter referred to as the "Regulations"), which shall be announced by you, and shall be marked as "approved by the State Council" when published. The date of implementation of the Regulations shall be determined by your committee based on actual conditions. On the day of the implementation of the "Regulations", the "Regulations on the Scope and Scale of Bidding for Engineering Construction Projects" approved by the State Council on April 4, 2000 and issued by the former National Development Planning Commission on May 1, 2000 shall be abolished at the same time.

State Council

March 8, 2018

(This item is released publicly)

 

Order of the National Development and Reform Commission of the People's Republic of China

No. 16

 The "Provisions for Engineering Projects That Must Be Biddered" have been approved by the State Council and are hereby promulgated and will be implemented as of June 1, 2018.

Director: He Lifeng

March 27, 2018

annex:

Project requirements that must be tendered

Article 1 In order to determine the project items that must be tendered, standardize bidding and bidding activities, improve work efficiency, reduce enterprise costs, and prevent corruption, these regulations are formulated in accordance with Article 3 of the Tendering and Bidding Law of the People's Republic of China.

Article 2 Projects that use state-owned funds or state financing in whole or in part include:

(1) Projects with a budgeted capital of more than 2 million yuan and which account for more than 10% of the investment amount;

(2) The use of funds from state-owned enterprises and institutions, and the funds account for holding or leading positions.

Article 3 Projects using international organizations or foreign government loans and aid funds include:

(1) Projects that use loans and aid funds from international organizations such as the World Bank and the Asian Development Bank;

(2) Projects that use loans and aid funds from foreign governments and their institutions.

Article 4 For projects involving large-scale infrastructure and public utilities that are not related to the provisions of Articles 2 and 3 of these Provisions, such as public interests and public safety, the specific scope of the tender must be approved by the development and reform department of the State Council in conjunction with the relevant departments of the State Council. It is necessary and strictly defined to be formulated and submitted to the State Council for approval.

Article 5 For the items within the scope of Articles 2 to 4 of these Regulations, the procurement, design, construction, supervision and procurement of important equipment and materials related to the construction of the project shall meet one of the following standards, and must be tendered:

(1) The estimated price of the construction single contract is more than 4 million yuan;

(2) Procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 2 million yuan;

(3) The procurement of survey, design, supervision and other services, the estimated price of a single contract is more than 1 million yuan.

In the same project, the survey, design, construction, supervision, and procurement of important equipment and materials related to the project construction may be carried out. If the estimated contract price reaches the standard specified in the preceding paragraph, it must be tendered.

Article 6 These Provisions shall come into force on June 1, 2018.