1, the situation of not inviting tenders is as follows:
(1) Need to adopt irreplaceable patents or proprietary technologies;
(2) The purchaser may construct, produce or provide it by himself according to law;
(3) Investors in franchise projects selected through bidding can build, produce or provide them by themselves according to law;
(4) The project, goods or services must be purchased from the original winning bidder, otherwise the construction or functional requirements will be affected.
(five) other special circumstances stipulated by the state, you can not carry out the tender.
2. Legal basis: Article 46 of the Bidding Law of People's Republic of China (PRC).
In addition to the special project subject to tender stipulated in the third paragraph of Article 37 of the Bidding Law, the expert members of the bid evaluation committee shall be randomly selected from the list of experts of relevant specialties in the bid evaluation expert database. No unit or individual may designate expert members to participate in the bid evaluation committee in any way, such as express or implied.
For a project that must be subject to tender according to law, the tenderer shall not replace the members of the bid evaluation committee determined according to law, except for the reasons specified in the Bidding Law and these Regulations. The replacement of expert members of the bid evaluation committee shall be carried out in accordance with the provisions of the preceding paragraph.
If a member of the bid evaluation committee has an interest with a bidder, he shall voluntarily withdraw.
The relevant administrative supervision departments shall, in accordance with the prescribed division of responsibilities, supervise the determination of members of the bid evaluation committee, the selection of bid evaluation experts and the bid evaluation activities. The staff of the administrative supervision department shall not become members of the bid evaluation committee responsible for supervising the project.
Second, what is the procedure for winning the bid?
1. After the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid;
2. The tenderer shall determine the winning bidder according to the written bid evaluation report of the bid evaluation committee and the recommended candidate winning bidders, or may authorize the bid evaluation committee to directly determine the winning bidder;
3. After the winning bidder is determined, the tenderee issues a bid-winning notice to the winning bidder, and the bid-winning notice has legal effect on the tenderee and the winning bidder. If the tenderer changes the winning result after winning the bid, or the winning bidder abandons the winning project, it shall bear legal responsibility according to law;
4. The tenderer and the winning bidder shall conclude a written contract according to the tender documents and the bid documents of the winning bidder within the legal time limit after the bid-winning notice is issued. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract. This provision is to affirm the bidding result in legal form, or that both the tenderer and the winning bidder must respect the competition result and shall not change it at will;
5. If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it, which is a concrete economic measure to urge the winning bidder to perform the contractual obligations in the form of law, and also a safeguard measure to protect the interests of the tenderer;
6. The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others respectively.