The National Development and Reform Commission Reply to the Message Selection Summary
01. Is it possible to directly issue contracts for construction projects below 4 million yuan?
Decree No. 16 issued by the National Development and Reform Commission stipulates that construction projects of more than 4 million yuan must be publicly tendered, but there is no regulation on how to contract for projects less than 4 million yuan. Question: Can the tenderee directly issue the contract, or according to the relevant laws and regulations of financial procurement, use competitive negotiation and competitive negotiation to issue the contract?
Hello, the "Notice on Further Completing the Implementation of "Provisions on Construction Projects That Must Be Tendered" and "Provisions on the Scope of Infrastructure and Public Utilities Projects That Must be Bidding" (Development and Reform Measures Regulations [2020] No. 770) stipulates that "Tenders must be Regulations on Engineering Projects (Decree No. 16 of 2018, hereinafter referred to as Order 16) Articles 2 to 4 and Articles 2 to 4 of the “Provisions on the Scope of Infrastructure and Public Utilities Projects That Must be Tendered” (Fagai Laws and Regulations [2018] No. 843) Article 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 16 for a project within the specified scope, the individual procurement shall be independently selected by the purchaser in accordance with the law, and no unit or individual shall illegally interfere ; Among them, those involving government procurement shall be implemented in accordance with government procurement laws and regulations. Thank you for your concern and support for the development and reform work!
Respondent: Department of Regulations
02. Definition of the scope of engineering projects that must be tendered
According to Order No. 16 of the National Development and Reform Commission of the People’s Republic of China, "Regulations on Projects That Must Be Tendered", Article 2 (1) Projects that use budget funds of 2 million yuan or more and the funds account for more than 10% of the investment are required Scope of bidding. Article 5 (1) If the estimated price of a single construction contract is more than RMB 4 million, bidding must be invited. May I ask if a total investment of 3.6 million yuan in a reconstruction and expansion project, the source of funds is all budget funds, there is only one construction contract, and the construction contract amount is 3.1 million yuan. If according to Article 2 (1), the project falls within the scope of mandatory bidding, and according to Article 5 (1), the construction contract amount is not above the required bidding limit, then is the construction of the project within the scope of mandatory bidding?
Hello, the "Notice on Further Completing the Implementation of "Provisions on Construction Projects That Must Be Tendered" and "Provisions on the Scope of Infrastructure and Public Utilities Projects That Must be Bidding" (Development and Reform Measures Regulations [2020] No. 770) stipulates that "Tenders must be Regulations on Engineering Projects (Decree No. 16 of 2018, hereinafter referred to as Order 16) Articles 2 to 4 and Articles 2 to 4 of the “Provisions on the Scope of Infrastructure and Public Utilities Projects That Must be Tendered” (Fagai Laws and Regulations [2018] No. 843) Article 2 For projects within the specified scope, if the individual purchases of survey, design, construction, supervision and important equipment and materials related to project construction have reached the corresponding single contract price estimation standards stipulated in Article 5 of Order 16, the single purchase must Bidding; the single item procurement in this project that does not meet the aforementioned corresponding standards does not fall into the scope of mandatory bidding stipulated in Decree No. 16. The estimated price of a single contract for the construction of the project you are consulting is 3.1 million yuan, which is less than 4 million yuan, which does not fall into the scope of mandatory bidding stipulated in Order 16. Thank you for your concern and support for the development and reform work!
Respondent: Department of Laws and Regulations
03.Does the construction project of 4 million yuan have to be publicly tendered?
"Regulations on Engineering Projects That Must be Tendered" Article 5 of 2018 Article 5 of the scope of the provisions of Articles 2 to 4 of these regulations, its survey, design, construction, supervision, and important equipment and materials related to engineering construction, etc. If the procurement meets one of the following standards, bid invitations must be made: (1) The estimated price of a single construction contract is more than RMB 4 million.
Excuse me: Does the estimated price of the construction unit price contract include 4 million yuan in the conditions for bidding? Or must it be greater than 4 million yuan?
Hello, "The estimated price of a single construction contract is more than RMB 4 million" includes RMB 4 million. Thank you for your concern and support for the development and reform work!
