Joke Collection Website - Talk about mood - Basic principles of construction laws and regulations? What is the concept of bidding?
Basic principles of construction laws and regulations? What is the concept of bidding?
1 The principle of ensuring the quality and safety of the project;
2. Comply with the mandatory safety principle of national engineering construction;
Engaged in construction activities should abide by the principles of laws and regulations;
4. The principle of not harming public interests and the legitimate rights and interests of others;
The principle that legitimate rights are protected by law.
The concept of bidding:
Bidding means that the employer explains the requirements of the project in whole or in part, such as construction, procurement and design, in the form of tender announcement or invitation letter. , and according to the prescribed procedures to invite unspecified or specific bidders to participate in the bidding. Simply put, it is to open the tender conditions, introduce the competition mechanism, and select the bidder with the highest cost performance from many bidders to become the winning bidder and undertake the project.
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What is bidding?
Bidding mainly occurs in the field of construction. Generally, several construction units participate in the project bidding, and the tendering units comprehensively consider the factors such as construction period, cost, quality and reputation, and choose the best contracted project. And the contractor needs to sign a contract with the contractor to ensure the overall support. If the contractor subcontracts all the projects, it is illegal and will be subject to administrative punishment. In our country, the main links of bidding include: compiling bidding documents, determining pre-tender price, submitting bidding letter, opening bids, evaluating bids, awarding contracts and signing engineering contracts. Bidding is not only conducive to improving the competitiveness of enterprises, but also to promoting the increase of economic and social benefits. While improving the market economic system, we should crack down on corruption, ensure the rational and effective use of state-owned funds and other public funds, and prevent waste and loss.
Legal basis:
Article 3 of the Bidding Law of People's Republic of China (PRC)
The following construction projects in People's Republic of China (PRC), including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender: (1) large-scale infrastructure, public utilities and other projects related to social interests and public safety; (2) Projects that are wholly or partially invested with state-owned funds or financed by the state; (3) Projects that use loans or aid funds from international organizations or foreign governments. The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with the relevant departments of the State Council and submitted to the State Council for approval. Where the law or the State Council has provisions on the scope of other projects that must be subject to tender, such provisions shall prevail.
Article 58
If the winning bidder transfers the winning project to others, dismember the winning project and transfer it to others respectively, or subcontract part of the main body and key work of the winning project to others in violation of the provisions of this Law, or the subcontractor subcontracts it again, the transfer and subcontracting shall be invalid, and a fine of not less than five thousandths but not more than ten thousandths of the amount of the transferred and subcontracted project shall be imposed; Illegal income, confiscate the illegal income; Can be ordered to suspend business for rectification; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.
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