What conditions do projects meet to avoid bidding?

1. Article 6 of the "Tendering and Bidding Law" stipulates: Special circumstances involving national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds for work-for-relief, the need to use migrant workers, etc. are not suitable. Projects subject to tendering may not be subject to tendering in accordance with relevant national regulations.

2. Article 9 of the "Regulations" supplements that if one of the following circumstances occurs, bidding may not be conducted

1. Irreplaceable patents or proprietary technologies need to be used

2. The purchaser can construct, produce or provide on his own in accordance with the law

3. The investor in the franchise project selected through bidding can construct, produce or provide on his own in accordance with the law

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4. It is necessary to purchase projects, goods or services from the original winning bidder, otherwise the construction or functional supporting requirements will be affected

5. Under other special circumstances stipulated by the state, our country’s laws prohibit any unit or individual from purchasing the project, goods or services in accordance with the law. Projects that require bidding are broken into parts or are avoided in any other way

Extended information:

1. According to Article 12 of the "Measures for Bidding and Bidding for Engineering Construction Projects"

1. It involves national security, state secrets or emergency and disaster relief and is not suitable for bidding

2. It is the use of poverty alleviation funds to implement work-for-relief projects that require the use of migrant workers

3. The main construction technology adopts specific patents or proprietary technologies

4. The construction enterprise builds the project for its own use, and the qualification level of the construction enterprise meets the project requirements

5. If the original winning bidder still has the ability to contract for the additional small-scale ancillary projects or the main layer addition project of the project under construction

6. Other situations stipulated in laws and administrative regulations

II , must carry out bidding projects

1. Large-scale infrastructure, public utilities and other projects related to social public interests and public safety

2. All or part of the investment using state-owned funds or State-financed projects

3. Projects using loans and aid funds from international organizations or foreign governments

Baidu Encyclopedia - Tendering and Bidding Law of the People's Republic of China

Baidu Encyclopedia—Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China