Is it necessary to open tender for the adoption of irreplaceable patented technology?

Legal analysis: If it is necessary to adopt irreplaceable patents or know-how, bidding is not required. Therefore, if the supporting equipment of complete sets of equipment really needs to use "irreplaceable" patents or proprietary technologies, then such supporting equipment can be purchased directly from a single source without bidding.

Legal basis: Article 9 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), except for the special circumstances stipulated in Article 66 of the Bidding Law, no bidding shall be conducted under any of the following circumstances: (1) irreplaceable patents or proprietary technologies are needed; (2) The purchaser may construct, produce or provide it by himself according to law; (3) Investors of franchise projects selected through bidding can construct, produce or provide them by themselves according to law; (four) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements; (five) other special circumstances stipulated by the state. If a tenderer practices fraud in order to apply the provisions of the preceding paragraph, it belongs to the evasion of bidding as stipulated in Article 4 of the Bidding Law.