State Development Planning Commission of the People's Republic of China

第3号

The Provisions on Standards for the Scope and Scale of Bidding for Construction Projects, which were approved by The State Council on April 4, 2000, are hereby promulgated and come into force。

Zeng Peiyan, director of the State Development Planning Commission

May 1, 2000

Construction project bidding scope and scale standard provisions

Approved by The State Council on April 4, 2000

Promulgated by the National Development Planning Commission on May 1, 2000)

Article 1 These provisions are formulated in accordance with the provisions of Article 3 of the Tendering and Bidding Law of the People's Republic of China for the purpose of determining the specific scope and scale standards of construction projects subject to tendering and standardizing tendering and bidding activities。

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

(1) Coal, oil, natural gas, electric power, new energy and other energy projects;

(2) Railway, highway, pipeline, water transport, aviation and other transportation projects;

(3) Post and telecommunication projects such as postal and telecommunication hubs, communications and information networks;

(4) water conservancy projects such as flood control, irrigation, drainage, water diversion (supply), beach management, soil and water conservation, and water conservancy projects;

(5) roads, Bridges, subways and light rail transit, sewage discharge and treatment, garbage disposal, underground pipelines, public parking lots and other urban facilities;

(6) ecological and environmental protection projects;

(7) Other infrastructure projects。

Article 3 The scope of public utility projects affecting public interests and public safety shall include:

(1) water supply, power supply, gas supply, heat supply and other municipal engineering projects;

(2) Science and technology, education, culture and other projects;

(3) Sports, tourism and other items;

(4) Public health, social welfare and other items;

(5) commercial houses, including affordable houses;

(6) Other public utility projects。

Article 4 The scope of investment projects using state-owned funds includes:

(1) Items that use budgetary funds of governments at various levels;

(2) Projects using various government-managed special construction funds under financial administration;

(C) the use of state-owned enterprises and institutions own funds, and state-owned assets investors actually have control of the project。

Article 5 The scope of State financing projects shall include:

(1) Projects using funds raised by bonds issued by the State;

(2) Projects that use the funds raised by the State's foreign loans or guarantees;

(3) Projects using state policy loans;

(4) Projects financed by investment entities authorized by the State;

(5) Financing projects chartered by the State。

Article 6 The scope of projects using funds from international organizations or foreign governments shall include:

(1) Projects using loans from the World Bank, the Asian Development Bank and other international organizations;

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

(3) Projects using aid funds from international organizations or foreign governments。

Article 7 All kinds of engineering construction projects within the scope of Article 2 to Article 6 of these Provisions, including project survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, meet one of the following standards,Tender is required：

(一)The estimated price of a single construction contract is more than RMB 2 million yuan；

(二)For the purchase of important equipment, materials and other goods, the estimated price of a single contract is more than 1 million yuan；

(三)For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than 500,000 yuan；

(四)The estimated price of a single contract is lower than the standard specified in items (1), (2) and (3), but the total investment amount of the project is more than 30 million yuan。

Article 8 Where a specific patent or proprietary technology is adopted in the survey or design of a construction project, or the architectural artistic form of the project has special requirements, a tender may not be submitted upon approval by the competent department of the project。

Article 9 For projects that are subject to tender according to law, where all state-owned capital is used for investment or where state-owned capital investment occupies a controlling or dominant position, public bidding shall be conducted。

Bidding activities shall not be restricted by regions or departments, and shall not discriminate against potential bidders。

Article 10 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in light of the actual circumstances, prescribe the specific scope and scale standards for the tender that must be conducted in their respective regions, but shall not narrow down the scope of the tender that must be conducted as determined in these Provisions。

Article 11 The State Development Planning Commission may, in conjunction with the relevant departments of The State Council, make partial adjustments to the specific scope and scale standards for the tender that must be conducted as determined in these provisions in light of actual needs。

Article 12 These provisions shall come into force as of the date of promulgation。