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我国《招标投标法》已于今年生效。在此之前,陕西省政府于1998年底颁布了《陕西省建设工程招标投标有形市场管理办法》。应当看到,后者对于陕西当时工程招投标的规范起到了重大作用,但它的某些规定确也与《招标投标法》有不尽一致之处。包括它规定招标投标有形市场直属于政府,显然与《招标投标法》矛盾。本文对于如何衔接我省《管理办法》与《招标投标法》,如何进一步在我省全面认真贯彻执行《招标投标法》,提出了一些看法和建议。
China’s “Tender Bidding Law” has come into effect this year. Prior to this, the Shaanxi Provincial Government promulgated the “Administrative Measures on Tangible Markets for Construction Projects in Shaanxi Province” at the end of 1998. It should be noted that the latter played a major role in the specification of bidding at the project in Shaanxi at the time, but some of its provisions were also inconsistent with the Bidding and Tendering Act. Including it stipulates that the tangible market for bidding and bids directly belongs to the government, obviously contradicting the “Tendering and Bidding Law.” This article has made some suggestions and suggestions on how to bridge the “Administrative Measures” and “Tendering and Bidding Law” of our province and how to further implement the “Tendering and Bidding Law” in our province.