[problem 17] : Province finance capital builds project of a project in city, live to project seat the accused when establishing procedures of bureau conduction construction knows to did not undertake enrolling bidding, this project purchases the announcement that the net issues in province government, had walked along a government to purchase a program, but living establishing bureau conduction procedures is to be not approbated, think should apanage management, undertake enrolling bidding in project seat, it is invalid that the government before purchases a program, how does this kind of circumstance do?
[explain] :
The government purchases a project to undertake invite public bidding bids, applicable invite public bidding bids law.
Should judge this project to whether belong to a government to purchase an item above all. If purchase a person,be government organization or institution, belong to a government to purchase; If purchase a person,be an enterprise, although financing source is finance capital, also do not belong to a government to purchase.
Next, the government purchases a way the 4th regulation: "The government purchases a project to undertake invite public bidding bids, applicable invite public bidding bids law. " no matter whether this project project is a government,purchase an item accordingly, ought to applicable invite public bidding bids law, and not applicable government purchases a way. Bid according to invite public bidding the law carries out byelaw the 4th: "Guidance of branch of reform of development of the State Council and invite public bidding of harmonious whole nation bid the job, the project invite public bidding that builds a project greatly again to the country bids the activity carries out supervisory examination. Urban and rural construction, traffic carries industry of the State Council and informatization, housing, the branch such as railroad, irrigation works, business affairs, divide the work to be supervised to bidding about invite public bidding the activity is carried out according to formulary duty. " belong to the project that builds a branch to superintend, ought to live according to apanage the superintendency program that proposes a branch undertakes invite public bidding bids activity. So, if this project project purchases program operation according to the government only, did not undertake invite public bidding lawfully even, ought to undertake in time corrective, basis invite public bidding bids the regulation of the law and apanage live build the superintendency program of the bureau to undertake publicity invite public bidding.
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