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Depending on what project you belong to, some projects must be tendered according to national regulations. (1) According to the provisions of the "Regulations on the Bidding Scope and Scale Standards of Engineering Construction Projects", the scope of infrastructure projects related to social public interests and public safety includes:
coal, oil, natural gas, electricity, new energy and other energy projects;
transportation projects such as railways, highways, pipelines, water transportation, aviation, and other transportation industries;
water conservancy projects such as flood control, irrigation, drainage, water diversion (supply), tidal flat management, soil and water conservation, and water conservancy hubs;
urban facilities projects such as roads, bridges, subway and light rail transit, sewage discharge and treatment, garbage disposal, underground pipelines, and public parking lots;
ecological and environmental protection projects;
Other infrastructure projects.
2) The scope of public utility projects related to social public interest and public safety includes:
water supply, power supply, gas supply, heating and other municipal engineering projects;
science and technology, education, culture and other projects;
sports, tourism and other projects;
health, social welfare and other projects;
commercial housing, including affordable housing;
Other Utility Projects.
3) The scope of investment projects using state-owned funds includes:
projects using budget funds at all levels;
the use of various special construction projects that are included in financial management;
Projects that use the own funds of state-owned enterprises and institutions, and the investors of state-owned assets actually have control.
4) The scope of state-financed projects includes:
Projects that use funds raised by state bond issuance;
Projects that use funds raised by state external loans or guarantees;
projects using national policy loans;
Projects financed by state-authorized investment entities;
State-chartered financing projects.
5) The scope of projects using international organizations or foreign ** funds includes:
Projects using loans from international organizations such as the World Bank and the Asian Development Bank;
Projects using loan funds from foreign** and their institutions;
Projects that use aid funds from international organizations or foreign countries.
If these projects do not need to be fined, the supervision of the design, and Party A will be fined. But it's all Party A's money...
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There is definitely an impact. If you are serious, you will be held accountable.
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1) Failure to bid in accordance with the law:
1.Projects that must be tendered but not tendered;
2.Breaking up the projects that must be tendered into parts or avoiding the bidding in any other way;
3.Other illegal circumstances.
2) The legal consequences of failing to bid in accordance with the law.
1.order corrections to be made within a specified period of time;
2.impose a fine of not less than 5/1000 but not more than 10/1000 of the contract amount of the project;
3.For projects that use all or part of state-owned funds in Zhenlaxiao, the implementation of the project or the allocation of funds may be suspended;
4.The directly responsible managers and other directly responsible personnel of the unit are to be sanctioned in accordance with law;
5.If the result of winning the bid causes a substantial impact and cannot be corrected by remedial measures, the bidding, bidding or winning bid shall be invalid, and the bid shall be re-tendered or evaluated in accordance with law.
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Legal analysis: should be tendered without bidding, the contract is invalid, now the contract can be terminated, if the contract is invalid to continue to work together, then see whether the acceptance is qualified, specific economic disputes to see the two sides of the negotiation.
Legal basis: "The People's Republic of China Tendering and Bidding Law Implementation Regulations Lenient" Article 3 The specific scope and scale standards of engineering construction projects that must be tendered in accordance with the law shall be formulated by the development and reform department in conjunction with the relevant departments of the People's Republic of China, and shall be promulgated and implemented after approval.
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Lawyer analysis: should be tendered without bidding, the contract is invalid, now you can terminate the contract, if the contract is invalid to continue to cooperate, then see whether the acceptance is qualified, specific economic disputes to see the two sides to agree with the side of the business.
Legal basis]:
Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China Article 3 The specific scope and scale standards of engineering construction projects that must be tendered in accordance with the law shall be formulated by the development and reform department in conjunction with the relevant departments, and shall be implemented after the approval of the public.
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First of all, it is necessary to determine whether it is a project that must be tendered according to law.
According to the provisions of the "Measures for Bidding and Bidding for the Construction of Engineering Construction Projects".
Article 68 If the project that must be tendered in accordance with the law is not tendered, the project that must be tendered is reduced to zero or the bidding is avoided in any other way, the relevant administrative supervision department shall order it to make corrections within a time limit, and may impose a fine of not less than 5/1000 but not more than 10/1000 of the contract amount of the project; For projects that use state-owned funds in whole or in part, the project approval department may suspend the implementation of the project or suspend the allocation of funds; The directly responsible managers and other directly responsible personnel of the unit are to be sanctioned in accordance with law; ”
The bidding department is the local construction management department, and the final opinion of the department shall prevail.
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Look at what the nature is, if it is state-owned, it is necessary to supplement the procedures or the leader to sign, and to take responsibility; It's private, it doesn't matter, after the contract is finished, it will be settled and left.
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Legal analysis: should be tendered without bidding, the contract is invalid, now you can terminate the contract, if the contract is invalid to continue to cooperate, then see whether the acceptance is qualified, specific economic disputes to see the two sides of the negotiation.
Legal basis: Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China Article 3 The specific scope and scale standards of engineering construction projects that must be tendered in accordance with the law shall be formulated by the development and reform department in conjunction with the relevant departments, and shall be promulgated and implemented after approval.
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Legal analysis: should be tendered without bidding, the contract is invalid, now you can terminate the contract, if the contract is invalid to continue to cooperate, then see whether the acceptance is qualified, specific economic disputes to see the two sides of the negotiation.
Legal basis: Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China Article 3 The specific scope and scale standards of engineering construction projects that must be tendered in accordance with the law shall be formulated by the development and reform department in conjunction with the relevant departments, and shall be promulgated and implemented after approval.
There are a lot of mandatory standards. And there are many categories.
First, first enter the venue to prepare:
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