To learn Xi laws and regulations, we should first have a concept of a legal system.
Bidding and bidding. The first step in bidding and bidding regulations is to establish the concept of bidding and bidding laws and regulations. China's bidding and bidding laws and regulations are based on the "Bidding and Bidding Law of the People's Republic of China" (hereinafter referred to as the "Bidding and Bidding Law") as the core and foundation, and have formed a set of legal system.
The second step is that there are four levels of law in the legal system, and the laws and regulations that can regulate and restrict bidding and bidding activities in China can be divided into four levels.
The first level is the law, which is formulated by the National People's Congress or the Standing Committee of the National People's Congress, and the laws that are frequently applicable to bidding and bidding activities are the Tendering and Bidding Law and the Construction Law.
The second level is the administrative regulations, which are formulated by ***, and the high-frequency application of bidding and bidding activities is the "Regulations for the Implementation of the Bidding and Bidding Law".
The third level is the departmental rules, formulated by the national government and promulgated in the form of ministerial decrees, and the administrative regulations that are frequently applicable to bidding and bidding activities are the departmental rules issued by the National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development, the Ministry of Industry and Information Technology, the Ministry of Transport, the Ministry of Commerce, the Health Commission, the Ministry of Water Resources and other relevant ministries and commissions.
The fourth level is the normative documents, by the first departments at all levels related to the bidding and bidding to develop a special specification of the bidding and bidding activities in various fields and regions with a fixed document number, are in their respective fields or regions of the tendering and bidding related parties are binding, bidding and bidding activities are frequently applicable to the National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development, the Ministry of Industry and Information Technology, the Ministry of Transport, the Ministry of Commerce, the Health Commission, the Ministry of Water Resources and other relevant ministries and commissions issued normative documents.
As the basic law in the field of tendering and bidding, the Tendering and Bidding Law is a principled provision in many aspects. There are many provisions, and those provisions that regulate and bind the parties to tendering and bidding activities are divided into mandatory rules and arbitrary rules. Mandatory rules are further divided into mandatory rules of validity and mandatory rules of management.
*Procurement. **The rules of procurement are very different from those of tendering and bidding. In addition to public bidding and invitation to bid, there are also competitive negotiations, competitive consultations, inquiries, and single**, a total of 6 procurement methods.
China's procurement laws and regulations take the "Procurement Law" as the core and foundation, and have formed a set of laws and regulations.
The regulations used to regulate and restrict** procurement activities can be divided into four levels. The first level is the law, which is formulated by the National People's Congress or the Standing Committee of the National People's Congress.
The second level is administrative regulations, which are formulated by ***, and the procurement activities need to be frequently applied to the "Regulations for the Implementation of the Procurement Law".
The third level is the first departmental rules, formulated by the first constituent departments, issued in the form of ministerial decrees, procurement activities need to be frequently applied to the departmental rules issued by the Ministry of Finance, currently effective five, namely: * procurement of goods and services bidding and bidding management measures (Ministry of Finance Order No. 87), "procurement of non-bidding procurement methods management measures" (Ministry of Finance Order No. 74), "procurement questions and complaints" (Ministry of Finance Order No. 94), "procurement information release management measures" ( Decree No. 101 of the Ministry of Finance) and Administrative Measures for the Purchase of Services (Decree No. 102 of the Ministry of Finance).
The fourth level is the normative documents, which are formulated by the departments related to procurement at all levels to specifically regulate the procurement activities in various fields and regions with a fixed document number, all of which are binding on the relevant parties to the procurement in their respective fields or regions, and the procurement activities need to be frequently applied to the normative documents promulgated by the Ministry of Finance, for example, the Interim Measures for the Management of Procurement Methods through Competitive Procurement Negotiations (Cai Ku [2014] No. 214 document) and so on.
Before applying the ** procurement regulations, the essence and nature of the project should be distinguished. Procurement regulations are only mandatory for procurement items, and are not mandatory for non-procurement items.