The bidding scope includes: 1. Large-scale infrastructure, public utilities and other projects related to social public interests and public safety; 2. Projects that use state-owned capital investment or state financing in whole or in part; 3. Projects that use loans or aid funds from international organizations or foreign governments; 4. Other projects that require bidding as stipulated by law or the State Council. I have compiled relevant content and hope it will be helpful to you.
What are the bidding scopes of the new bidding law?
1. Large-scale infrastructure, public utilities and other projects related to social interests and public safety are based on the nature of the project. Regulation. Generally speaking, the so-called infrastructure refers to providing basic conditions for the production process of the national economy, which can be divided into productive infrastructure and social infrastructure. The former refers to the facilities provided directly for the production process of the national economy, while the latter refers to the facilities provided indirectly for the production process of the national economy. Infrastructure usually includes energy, transportation, postal and telecommunications, water conservancy, urban facilities, environment and resource protection facilities, etc. The so-called public utilities refer to services with public purposes provided to meet the needs of production and life, such as water supply, power supply, heat supply, gas supply, science and technology, education, culture, sports, health, social welfare, etc. Judging from the situation in various countries around the world, due to the large investment amounts and long construction cycles of large-scale infrastructure and public utility projects, state investment is basically the mainstay, especially for public utility projects, where state investment accounts for an absolute proportion. From the nature of the project, most infrastructure and public utility projects are related to social public interests and public safety. In order to ensure the quality of the project and protect the safety of citizens' lives and property, governments of various countries generally require the formulation of relevant laws. Except as otherwise provided by law.
2. Projects that use state-owned capital investment or state financing in whole or in part. This is a regulation on the source of funds. State-owned funds refer to state fiscal funds (including budgetary funds and extra-budgetary funds) and the self-owned funds of state agencies, state-owned enterprises and institutions. Among them, state-owned enterprises refer to enterprises owned by the people, wholly state-owned companies and state-controlled enterprises. State-owned enterprises include enterprises in which state-owned capital accounts for more than 50% of the total capital of the enterprise, and enterprises in which state-owned capital accounts for less than 50%, but in which state-owned asset investors have substantial control. All sound and funded projects refer to all construction projects carried out using state-owned funds (regardless of their proportion in the total investment). State-financed construction projects refer to construction projects that are carried out using funds raised by the state through internal performance of government bonds or borrowing sovereign foreign debt from foreign governments and international institutions. These funds raised with national credit as a guarantee and uniformly raised, arranged, used and repaid by the government should also be regarded as state-owned funds.
3. Projects using loans and aid funds from international organizations or foreign governments. As mentioned above, such projects must invite bids, which is generally required by international financial organizations such as the World Bank and foreign governments. Our country has also recognized this requirement in the bilateral agreements signed with these international organizations or foreign governments. In addition, most of these loans belong to the country's sovereign debt, which is borrowed and repaid by the government. They should be regarded as state-owned capital investment in nature. Judging from the situation in our country, projects using loans from international organizations or foreign governments mainly include the World Bank, Asian Development Bank, Japan Overseas Economic Cooperation Fund, etc., which are basically used for infrastructure and public utility projects. Based on the above reasons, the Bidding and Bidding Law includes such projects within the scope of compulsory bidding. It should be pointed out that the above three types of projects are only a large and general scope. The specific scope and scale standards of the project, that is, how much investment projects need to be tendered, what kind of projects need to be tendered, how much equipment and materials to purchase need to be tendered, and what types of equipment and materials need to be tendered, shall be determined by the development planning department of the State Council. It will be formulated in conjunction with relevant departments of the State Council, and will be issued and implemented after being submitted to the State Council for approval.
4. Other projects that must be tendered by law or the State Council. With the gradual establishment and implementation of the tendering and bidding system, the areas where tendering is implemented in our country are constantly expanding, and the scope of compulsory tendering will also be adjusted according to actual needs. .
Therefore, in addition to the Bidding and Bidding Law, other laws and the State Council that stipulate projects that require bidding should also be included in the scope of compulsory bidding. Article 8 Projects in which state-owned funds hold a controlling or dominant position and must be subject to bidding according to law shall be subject to public bidding; however, under any of the following circumstances, bidding may be invited: (1) The project is technically complex, has special requirements, or is subject to natural environment restrictions. There are a small number of potential bidders to choose from; (2) The cost of using public bidding accounts for a large proportion of the project contract value. If any of the circumstances listed in item 2 of the preceding paragraph fall under the provisions of Article 7 of these Regulations, the project approval and verification department shall make a determination when approving and approving the project; for other projects, the tenderer shall apply for a determination by the relevant administrative supervision department. 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 one of the following circumstances: (1) It is necessary to use irreplaceable patents or proprietary technologies; ( 2) The purchaser is able to construct, produce or provide on his own in accordance with the law; (3) The franchise project investor who has been 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 it will affect the 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. As for the question you raised about "What are the scope of bidding in the new bidding law?", the scope of bidding in the new bidding law includes large-scale infrastructure, public utilities and other projects related to social interests and public safety, as well as several other parts. As explained above, it is more beneficial to you when conducting bidding.