Can state owned capital investment projects not be tendered?

In addition to the funds**, the bidding scope and scale standards of engineering construction projects are stipulated.

Article 7. All kinds of engineering construction projects within the scope of Articles 2 to 6 of these provisions, 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) Procurement of important equipment, materials and other goods, with an estimated price of more than 1 million yuan in a single contract;

3) Procurement of survey, design, supervision and other services, with an estimated price of more than 500,000 yuan for a single contract;

4) The estimated price of a single contract is lower than the standard specified in items (1), (2) and (3), but the total investment amount of the project is more than 30 million yuan.

Article 8. If the survey and design of a construction project adopts specific patents or proprietary technologies, or if there are special requirements for its architectural art modeling, it may not be subject to bidding with the approval of the competent department of the project.

These need to be considered comprehensively.

Projects in which state-owned funds hold a controlling or dominant position are those in which bidding must be carried out in accordance with the law.

Article 7 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China In accordance with the relevant provisions of the State, it is necessary to perform the project examination and approval procedures for the project that must be tendered according to law, and the bidding scope, bidding method and bidding organization form shall be submitted to the project examination and approval department for examination and approval and approval. Project examination and approval, approval departments shall be approved and approved in a timely manner to determine the scope of bidding, the way of bidding, the form of bidding organization to inform the relevant administrative supervision departments.

The five categories of construction projects that must be tendered are: 1. Infrastructure projects related to social public interests and public safety, including coal, oil, natural gas, electricity, new energy, transportation, information networks, roads, and other infrastructure projects; 2. Public utility projects related to public interest and public safety, including municipal engineering projects such as water supply, gas supply, and power supply, as well as teaching, education, culture, sports, tourism, commercial housing, etc.; 3. Projects using state-owned funds; 4. Projects financed by the state or authorized or franchised; 5. Projects using international organizations or foreign ** funds.

Legal analysis: there is no difference between the laws and regulations applicable to state-owned enterprise procurement projects and the projects operated by other enterprises, all of which are projects that must be tendered according to law and projects that do not need to be tendered, and they are all projects that must be tendered in accordance with the law, especially for projects that must be tendered according to law have their own procurement principles and precautions, legal basis: "Regulations for the Implementation of the Tendering and Bidding Law" Article 60 The bidder or other interested parties believe that the bidding and bidding activities do not comply with the provisions of laws and administrative regulations. You may complain to the relevant administrative supervision department within 10 days from the date of knowing or should have known.

Tremor plexus. Tendering and Bidding Law of the People's Republic of China Article 53 If the bidders collude with each other or collude with the tenderer to bid, the bidder seeks to win the bid by offering bribes to the bidder or the members of the bid evaluation committee, the winning bid shall be invalid, and the winning bidder shall be fined between 5 and 10 thousandths of the amount of the winning bid, and the person in charge and other directly responsible personnel shall be fined between 5% and 10% of the fine; where there are unlawful gains, confiscation of the unlawful gains is to be given; if the circumstances are serious, the bidding qualifications for participating in the projects that must be tendered in accordance with the law within one to two years shall be cancelled and the public announcement shall be made, until the business license shall be revoked by the administrative organ for industry and commerce; where a crime is constituted, criminal responsibility is pursued in accordance with law. and where losses are caused to others, they shall be liable for compensation in accordance with law.

Civil Procedure Law of the People's Republic of China

Article 76: Parties may apply to the people's court for an evaluation on specialized issues of ascertaining facts. Where the parties apply for an appraisal, the parties are to negotiate to determine a qualified evaluator; and where negotiation fails, the people's court is to appoint one. Where the parties have not applied for an evaluation, and the people's court finds that an evaluation is necessary for a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.

Article 77: Evaluators have the right to learn about the case materials needed to conduct evaluations, and when necessary, may question parties and witnesses. The evaluator shall submit a written evaluation opinion and sign or affix a seal to the appraisal document.

Article 78: Where parties have objections to an evaluation opinion or the people's court finds that it is necessary for an evaluator to appear in court, the evaluator shall appear in court to testify. Where upon notice from the people's court, the evaluator refuses to appear in court to testify, the evaluation opinion must not be the basis for determining the facts; The party who paid the appraisal fee may request a refund of the appraisal fee.

Article 79: Parties may apply to the people's court to notify persons with specialized knowledge to appear in court and submit opinions on evaluation opinions or professional issues made by evaluators.

Article 80: In the inquest of physical evidence or at the scene, the inquest person must present the people's court's identification, and invite the local basic-level organization or the party's unit to send someone to participate. The parties or their adult family members shall be present, and where they refuse to appear, it does not impact the conduct of the inquest. Relevant units and individuals have the obligation to protect the scene and assist in the inquest work on the basis of the notice of the people's court.

The inquest personnel shall make a record of the circumstances and results of the inquest, and the inquest personnel, the parties, and the invited participants shall sign or affix a seal.

In China, state-owned enterprise projects often require a bidding process. This is because bidding is the principle of openness, fairness and justice, and it is a policy implemented by China to ensure the effective use of public resources and the maximization of public interests. For SOE projects, the bidding process usually includes the following steps:

1.Issuing tender announcements: SOEs need to issue tender announcements through official channels to clarify the scope, requirements, qualifications and other information of the tender.

3.Review of bidding documents: State-owned enterprises need to review the bidding documents submitted by bidders and choose the most competitive plan.

4.Sign the contract: The state-owned enterprise needs to sign a contract with the winning bidder to clarify the work content, progress, quality and other requirements of the project to ensure the smooth implementation of the project.

It should be noted that if there are no competitors in the project signed by a state-owned enterprise and a certain Jianran ** institution or institution, or if it involves state secrets, there may be no need to conduct a bidding process. However, this situation is more difficult to talk about and is generally not common.

Legal analysis: bidding for self-funded projects of state-owned enterprises. Large-scale infrastructure, public utilities and other projects related to the public interest and public safety must be tendered as long as they use state funds, and they can choose to open bidding or invite bidding.

Bidding and bidding are two aspects of the transaction process. Bidding and bidding is an international practice, a product of the high development of the commodity economy, and a way of selecting the best in an organized way by applying technology, economic methods and the competitive mechanism of the market economy.

Legal basis: Article 348 of the Civil Code of the People's Republic of China Where the right to use construction land is established through bidding, auction, or negotiation of letters, the parties shall enter into a contract for the transfer of the right to use the land for construction in writing. The contract for the transfer of the right to use construction land generally includes the following clauses:

1) the name and domicile of the parties;

2) Land boundaries, areas, etc.;

3) The space occupied by buildings, structures and their ancillary facilities;

4) land use and planning conditions;

5) the term of the right to use construction land;

6) Fees such as transfer fees and payment methods;

7) Methods of Dispute Resolution.

This project is a project invested by state-owned enterprise units.

Article 2 of the Regulations on Projects That Must Be Tendered (Decree No. 16 of the National Development and Reform Commission) stipulates that projects that use the funds of state-owned enterprises and institutions, and the funds occupy a controlling or dominant position, are projects that must be tendered in accordance with the law. Article 5 of the "Regulations on the Respect of the Former Tangerine Project that Must Be Tendered" also stipulates that for projects that must be tendered in accordance with the law, and the estimated price of a single construction contract is more than 4 million yuan, it must be tendered.

Combined with the relevant provisions of Articles 2 and 5 of the "Provisions on Projects that Must Be Tendered", the project does not meet the scale standards that must be tendered, and the bidding can not be carried out in accordance with the law. The company may, in accordance with the internal management regulations of the enterprise, determine the construction enterprise by direct entrustment or other competitive methods.

Good afternoon, dear, glad to answer for you! The bidding of state-owned assets projects is not necessary to enter the territorial public resources, only the transfer of state-owned land use rights and mining rights, and the state-owned property rights transactions and procurement should be included in the public resources trading platform. According to the provisions, the survey, design, construction and supervision of the project shall enter the local public resource trading platform if it meets the scale standards for the purpose of bidding in accordance with the law.

In line with the provisions of the public resources trading center, the provisions are the amount of the project in the amount of more than 4 million bidding, the amount of procurement projects in the amount of more than 2 million bidding, the amount of service projects in the amount of more than 1 million bidding, the above below the amount of the bidding project, is not to go to the public resources trading center for bidding, state-owned enterprises are generally entrusted to the third-party bidding company to organize and open the bid in its old reputation company.

Summary. It is not possible to delegate directly.

1) Participate in the procurement activities within 3 years before the existence of labor relations with the first business;

2) Serve as a director or supervisor of the first merchant within 3 years before participating in procurement activities;

3) Be the controlling shareholder or actual controller of the first merchant within 3 years before participating in the procurement activities;

If the state-owned enterprise belongs to the State-owned Assets Supervision and Administration Commission, then in addition to the SASAC's own bidding needs to be avoided, the bidding of other units of the state-owned enterprise does not need to be avoided.

Can financial funds directly entrust state-owned companies to organize bidding projects?

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According to the provisions: in the spine of the procurement activities, the procurement personnel and related personnel have one of the following interests with the first business, they shall be avoided: (1) There is a labor relationship with the first business within 3 years before participating in the procurement activities; (2) Qi Meng, who served as a director and supervisor of ** Shanggao State Bridge within 3 years before participating in procurement activities; 3) Be the controlling shareholder or actual controller of the first merchant within 3 years before participating in the procurement activities; If the state-owned enterprise belongs to the State-owned Assets Supervision and Administration Commission, then in addition to the SASAC's own bidding needs to be avoided, the bidding of other units of the state-owned enterprise does not need to be avoided.

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