Projects that are not subject to bidding mainly have the following five provisions according to relevant legal provisions:
According to Article 9 of the "Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China":
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 adopt Irreplaceable patents or proprietary technologies;
2. The purchaser can construct, produce or provide it by itself in accordance with the law;
3. Franchise project investors who have been selected through bidding Ability to construct, produce or provide by itself in accordance with the law;
4. Projects, goods or services need to be purchased from the original successful bidder, otherwise construction or functional supporting requirements will be affected;
5. National regulations Other special circumstances.
According to Article 66 of the "Tendering and Bidding Law of the People's Republic of China":
Involving national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to implement industrial projects Projects that are not suitable for bidding due to special circumstances such as relief work or the use of migrant workers may not be subject to bidding in accordance with relevant national regulations.
According to Article 8 of the "Regulations on the Scope and Scale Standards of Bidding for Engineering Construction Projects" (Order No. 3):
If specific patents or proprietary technologies are used in the survey and design of construction projects, Or if the architectural artistic shape has special requirements, the bidding may not be conducted with the approval of the project management department.
According to Article 12 of the "Measures for Bidding and Bidding for Engineering Construction Projects":
1. If an engineering construction project that requires approval has any of the following circumstances, it shall be subject to Article 11 of these Measures. With the approval of the approval department specified in Article 1, construction bidding may not be conducted:
2. It involves national security, state secrets or emergency rescue and disaster relief and is not suitable for bidding;
3. It is the use of poverty alleviation funds. The implementation of work-for-relief requires the use of migrant workers;
4. The main construction technology adopts specific patents or proprietary technologies;
5. Projects built by the construction enterprise for its own use, And the qualification level of the construction enterprise meets the project requirements;
6. The original winning bidder still has the ability to contract for the additional minor ancillary projects or the main layer addition project of the project under construction;
7. Other situations stipulated by laws and administrative regulations.
According to Article 4 of the "Measures for Survey, Design and Bidding of Engineering Construction Projects":
For projects that require government approval in accordance with national regulations, if any of the following circumstances occurs, upon approval, the project Bidding is not required for survey and design:
1. Involving national security and state secrets;
2. Emergency rescue and disaster relief;
3. Main processes and technologies Using specific patents or proprietary technologies;
4. The technology is complex or highly professional, and there are less than three survey and design units that can meet the conditions, and effective competition cannot be formed;
5. The completed project needs to be modified, expanded or technologically transformed, and the design by other units affects the functional compatibility of the project.
Extended information:
"Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China", namely Order No. 613 of the State Council of the People's Republic of China, November 30, 2011 Adopted at the 183rd executive meeting of the State Council of Japan, it is hereby announced and will come into effect on February 1, 2012. The "Regulations" are divided into general provisions, bidding, bidding, bid opening, bid evaluation and bid winning, complaints and handling, legal liability, and Supplementary Provisions, Chapter 7 and 85 Articles.
The Order of the State Council of the People's Republic of China is an administrative decree issued by the Prime Minister of the State Council of the People's Republic of China, an administrative order of the State Council issued by authorized relevant departments, or an administrative operational document issued.
According to the first revision of the "Decision of the State Council on Amending and Repealing Certain Administrative Regulations" on March 1, 2017, and in accordance with Order No. 698 of the State Council of the People's Republic of China on March 19, 2018. The "Decision of the State Council on Amending and Repealing Certain Administrative Regulations" was revised for the second time.
Measures for the Survey, Design and Bidding of Engineering Construction Projects
The National Development and Reform Commission of the People’s Republic of China, the Ministry of Construction of the People’s Republic of China, and the People’s Republic of China Orders of the Ministry of Railways of the People's Republic of China, the Ministry of Transport of the People's Republic of China, the Ministry of Information Industry of the People's Republic of China, the Ministry of Water Resources of the People's Republic of China, the Civil Aviation Administration of China, and the State Administration of Radio, Film and Television.
No. 2
In order to standardize the survey and design bidding activities of engineering construction projects, improve economic efficiency, and ensure project quality, in accordance with the "Tendering and Bidding Law of the People's Republic of China", The "Measures for the Survey, Design and Bidding of Engineering Construction Projects" are specially formulated and are hereby promulgated and shall come into effect on August 1, 2003.
Reference materials: Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China - Baidu Encyclopedia
Methods for survey and design bidding for engineering construction projects - Baidu Encyclopedia