Legal analysis: Projects that are not suitable for bidding and involve special circumstances such as national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to implement work-for-relief projects, or the need to use migrant workers, may be allowed to do so in accordance with relevant national regulations. No bidding will be conducted.
Legal basis: "Tendering and Bidding Law of the People's Republic of China"
Article 4 No unit or individual may break projects that require bidding according to law into parts or Any other way to circumvent tendering.
Article 66: Projects that are not suitable for bidding and involve special circumstances such as national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to implement work-for-relief projects, or the need to use migrant workers, shall be subject to national regulations. It is stipulated that bidding may not be conducted.
"Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China"
Article 9 Except for the special circumstances stipulated in Article 66 of the Tendering and Bidding Law, bidding may not be conducted , if there is any of the following circumstances, no bidding is required:
(1) It is necessary to use irreplaceable patents or proprietary technologies;
(2) The purchaser can build it by himself according to law , produce or provide;
(3) Franchise project investors who have been selected through bidding can build, produce or provide by themselves in accordance with the law;
(4) Need to report to the original winning bidder Procurement of projects, goods or services, otherwise it will affect construction or functional supporting requirements;
(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.