Legal analysis: According to relevant legal provisions, bidding may not be conducted in the following situations:
(1) Irreplaceable patents or proprietary technologies need to be used;
(2) The purchaser is able to construct, produce or provide on his own in accordance with the law;
(3) The investor in the franchise project selected through bidding is able to construct, produce or provide on his own in accordance with the law;
(4) It is necessary to purchase projects, goods or services from the original winning bidder, otherwise the construction or functional supporting requirements will be affected;
(5) Other special circumstances stipulated by the state.
(6) Projects that involve national security, state secrets, emergency rescue and disaster relief, use poverty alleviation funds to implement work-for-relief projects, require the use of migrant workers and other special circumstances that are not suitable for bidding can be carried out in accordance with relevant national regulations. No bidding will be conducted.
Legal basis: "Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China" Article 9 In addition to the special circumstances stipulated in Article 66 of the Tendering and Bidding Law that may not require bidding, there are the following circumstances If one of the following applies, no bidding is required:
(1) It requires the use of irreplaceable patents or proprietary technologies;
(2) The purchaser is able to construct, produce or provide it on its own according to law ;
(3) Franchise project investors who have been selected through bidding can construct, produce or provide by themselves in accordance with the law;
(4) Need to purchase projects and goods from the original winning bidder or services, otherwise construction or functional supporting requirements will be affected;
(5) Other special circumstances stipulated by the state.
If the tenderer commits fraud to apply the provisions of the preceding paragraph, it shall be considered as avoidance of tendering as stipulated in Article 4 of the Tendering and Bidding Law.
Article 66 of the "Tendering and Bidding Law of the People's Republic of China" involves national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to implement work-for-relief, requiring the use of migrant workers, etc. Due to the circumstances, projects that are not suitable for bidding may not be subject to bidding in accordance with relevant national regulations.