What is the scope of compulsory bidding in engineering construction projects

1. Infrastructure projects related to social public interests and public safety.

2. Public utility projects related to social public interests and public safety.

3. Use state funds to invest in projects.

4. State-financed projects.

5. Projects using international organizations or foreign ** funds.

All of the above are included in the scope of bidding for engineering construction projects.

Legal analysis: 1. There are three types of projects according to the type of project

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

2. Projects that use all or part of state-owned funds for investment or state financing;

3. Projects that use loans and aid funds from international organizations or foreign countries.

Second, from the scale of the project:

1. The estimated price of a single construction contract is more than 2 million yuan;

2. For the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 1 million yuan;

3. For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than 500,000 yuan;

4. The estimated price of a single contract is lower than the standard specified in item 1. However, the total investment amount of the project is more than 30 million yuan.

Legal basis: "Bidding and Bidding Law of the People's Republic of China" Article 3 In the People's Republic of China, the following engineering construction projects including project survey, design, information construction period, supervision and procurement of important equipment and materials related to engineering construction must be tendered: (1) large-scale infrastructure, public utilities and other projects related to social public interests and public safety 2) all or part of the use of state-owned funds to invest or national quick-effect projects 3) the use of international organizations or foreign loans, Aid funded projects.

The specific scope and scale standards of the projects listed in the former doctoral degree shall be formulated by the development department in conjunction with the relevant departments and submitted for approval. If the law or the scope of other projects that must be tendered have provisions, follow those provisions.

It belongs to one of the following circumstances, and belongs to the construction project within the specific scope and scale formulated by the relevant departments in accordance with the provisions of the Bidding and Bidding Law, and belongs to the project that must be tendered according to the law: (1) large-scale infrastructure, public utilities and other projects related to social public interests and public safety; (2) Projects that use all or part of state-owned funds or state-financed projects; (3) Projects that use loans and aid funds from international organizations or foreign countries (except that the lender and the donor have different provisions on procurement methods and bidding and bidding, and their provisions shall apply); (4) Other contents stipulated by law or the scope of bidding must be carried out.

1. Mandatory provisions of law are opposed to arbitrary provisions. Peremptory norms are those that must be applied in accordance with the law and cannot be changed or excluded by the will of the individual. 2. Examples:

The law stipulates that "homestead land shall not be transferred", if A and B belong to two different collective villager organizations, A and B sign a contract to buy the homestead land, stipulating that A will transfer a piece of the homestead land to B. The contract between A and B is invalid because it violates the mandatory provisions of the law.

3. Mandatory provisions can be seen everywhere, and most of them are expressed in legal provisions: no ......, prohibiting ......, and so on, and so on.

Criteria for the scope and scale of compulsory bidding projects:

The Tendering and Bidding Law stipulates the scope and scale standards for the bidding that must be carried out for engineering construction projects.

The scope of compulsory bidding involves engineering construction projects, procurement projects, international procurement regulations for mechanical and electrical products, scientific research projects, franchise rights, mineral resources, drug procurement and other fields. This chapter mainly introduces three categories: engineering construction projects, first-class procurement projects, and international procurement projects of mechanical and electrical products.

Engineering construction projects. The Bidding and Bidding Law and its implementation regulations stipulate that the development and reform department, in conjunction with relevant departments, has formulated the "Regulations on the Scope and Scale Standards for Bidding for Engineering Construction Projects" and submitted it for approval and implementation.

Infrastructure and public utilities projects related to social public interests and public safety.

Projects that are wholly or partially invested with state-owned funds or financed by the state.

Projects that use loans and aid funds from international organizations or foreign ** funds.

Including the survey, design, construction, supervision of the project and the procurement of equipment and materials related to the construction of the project, if one of the following standards is reached, the bidding must be carried out in accordance with the Bidding Law and its implementation regulations:

The estimated price of a single construction contract is more than RMB 2 million.

For the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 1 million yuan.

For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than 500,000 yuan.

If the projects, goods and services that belong to the scope of the project that must be tendered in accordance with the law and are included in the scope of the general contracting of the project in the form of provisional valuation (without substantive competition) and meet the above-mentioned scale standards, the bidding shall be carried out in accordance with the law.

It should be noted that the "Provisions on the Bidding Scope and Scale Standards of Engineering Construction Projects" is being revised, which may produce the following adjustments: the scale standard of the estimated price of the above-mentioned single contract will be increased; Some construction projects invested with private funds will be exempted from compulsory bidding; Projects, goods and services that can be procured in a consolidated manner and whose total amount reaches the scale standard may be organized and implemented in a project shall be tendered even if the procurement is dispersed.

Summary. According to Article 3 of the Bidding and Bidding Law, the scope of compulsory bidding is as follows: The following engineering construction projects in the People's Republic of China, including the survey, design, construction, supervision and procurement of important equipment and materials related to the construction of the project, must be tendered:

1) Large-scale infrastructure, public utilities and other projects related to social public interests and public safety; (2) Projects that use all or part of state-owned funds or state-financed projects; (3) Projects that use loans and aid funds from international organizations or foreign countries (except that the lender and the donor have different provisions on procurement methods and bidding and bidding, and their provisions shall apply); (4) Other contents stipulated by law or the scope of bidding must be carried out.

1.What is the scope of compulsory bidding for engineering construction projects in China?

According to Article 3 of the Bidding and Bidding Law, the scope of compulsory bidding is as follows: the following engineering construction projects within the territory of the People's Republic of China, including the survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be tendered: (1) large-scale infrastructure, public utilities and other projects related to social public interests and public safety; (2) Projects that use all or part of state-owned funds or state-financed projects; (3) Projects that use loans and aid funds from international organizations or foreign countries (except that the lender and the donor have different provisions on procurement methods and bidding and bidding, and their provisions shall apply); (4) Other contents stipulated by law or the scope of bidding must be carried out.

What is the difference between subcontracting and affiliation?

The concept is different. Affiliation refers to the act of a construction enterprise allowing others to use the name of its own enterprise to undertake or undertake projects for a certain period of time or a project. Illegal subcontracting refers to the contractor illegally transferring the contracted project construction task to a third party after contracting the project.

Whether it is subcontracting or affiliation, it is an illegal act in the construction activities of construction projects. Article 28 of the Construction Law prohibits the contractor from subcontracting all the construction projects contracted by it to others, and prohibits the contractor from subcontracting all the construction projects contracted by it to others in the name of subcontracting after dismemberment.

Briefly answer the 11 situations in which the construction contract is invalid, and find a case related to the construction project from the Internet for analysis: for example, what kind of invalid situation is examined in the case? Which regulation was violated? What lessons can we learn from this case?

Invalidity of construction contract: the contractor has not obtained the qualification of the construction enterprise or has exceeded the qualification level; There are illegal acts of contracting, subcontracting, affiliation, or subcontracting; The construction project must be tendered but the bidding is not carried out or the winning bid is invalid; Violation of the provisions on the effectiveness of bidding and bidding; Violation of engineering construction standards; Winning the bid at a price lower than the cost price; Signing a construction contract without obtaining a permit.

1. The following engineering construction projects in the People's Republic of China including the survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction must be tendered

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

2. Projects that use all or part of state-owned funds for investment or state financing;

3. Projects that use loans and aid funds from international organizations or foreign countries.

2. The above-mentioned types of engineering construction projects stipulated in the "Regulations on the Scope and Scale Standards of Engineering Construction Projects", including the survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be tendered if they meet one of the following standards:

1. The estimated price of a single construction contract is more than 2 million yuan;

2. For the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 1 million yuan;

3. For the procurement of survey, design, supervision and other services, the estimated price of a single contract is more than 500,000 yuan;

4. The estimated price of a single contract is lower than the standard specified in item 1. However, the total investment of the project is more than 30 million yuan.

1. Procedural provisions for bidding.

**The tendering procedure for procurement is generally as follows:

1. The purchaser prepares the plan and submits it to the Procurement Office of the Department of Finance for review;

2. The procurement office and the bidding agency shall go through the entrustment procedures and determine the bidding method;

3. Conduct market research, confirm the procurement project with the purchaser, and prepare the bidding documents.

4. Issue a tender announcement or issue a tender invitation letter;

5. ** Quiet bidding documents, prequalification of potential bidders;

6. Accept bidders' bids;

7. Open the bid at the time and place specified in the announcement or invitation letter;

8. The bid evaluation committee shall start the bid evaluation of the bidding documents;

9. Determine the winning bidder according to the bid evaluation principles and procedures;

10. Send a notice of winning the bid to the winning bidder;

11. Organize the winning bidder to sign a contract with the purchasing unit;

12. Supervise and manage the performance of the contract, and resolve the disputes between the winning bidder and the purchasing unit.

Second, the legal basis of the bidding.

Tendering and Bidding Law

Article 9. If the bidding project needs to perform the project approval procedures in accordance with the relevant provisions of the state, the approval procedures shall be performed first and approved. The tenderer shall have the corresponding funds for the bidding project or the funds have been implemented, and shall be truthfully stated in the bidding documents.

Article 10. Tendering is divided into open bidding and invitation bidding. Public bidding refers to the tenderer inviting unspecified legal persons or other organizations to bid in the form of tender announcements. Invitation to bid refers to the invitation of the tenderer to invite a specific legal person or other organization to bid in the form of an invitation to bid.