What are the bidding scopes of the new bidding law?
First, large-scale infrastructure, public utilities and other projects related to social interests and public safety.
This is based on the nature of the project. Generally speaking, the so-called infrastructure refers to providing basic conditions for the production process of the national economy, which can be divided into productive infrastructure and social infrastructure. The former refers to the facilities directly provided for the national economic production process, while the latter refers to the facilities indirectly provided for the national economic production process. Infrastructure usually includes energy, transportation, posts and telecommunications, water conservancy, urban facilities, environmental and resource protection facilities, etc. The so-called public utilities refer to services such as water supply, power supply, heat supply, gas supply, science and technology, education, culture, sports, health and social welfare that are provided to the public to meet the needs of production and life. From the situation of countries around the world, due to the large investment and long construction period of large-scale infrastructure and public utilities projects, state investment is the main one, especially public utilities projects, and state investment accounts for an absolute proportion. From the nature of the project, infrastructure and public utilities projects are mostly related to public interests and public safety. In order to ensure the engineering quality and protect the safety of citizens' lives and property, governments all over the world generally require the enactment of relevant laws. Except as otherwise provided by law.
Two, all or part of the use of state-owned capital investment or state financing projects.
This is a regulation on the source of funds. State-owned funds refer to state financial funds (including budgetary funds and extra-budgetary funds) and self-owned funds of state organs, state-owned enterprises and institutions. Among them, state-owned enterprises refer to enterprises owned by the whole people, wholly state-owned companies and state-controlled enterprises. State-owned holding enterprises include enterprises whose state-owned capital accounts for more than 50% of the total capital of enterprises and enterprises whose state-owned assets investors actually have control rights. All sound projects with capital investment refer to all construction projects using state-owned funds (regardless of their proportion in the total investment). State-financed construction projects refer to projects that use the funds raised by the state to fulfill national debt at home or borrow sovereign foreign debts from foreign governments and international difficult institutions. These funds raised, arranged, used and repaid by the government with the guarantee of national credit should also be regarded as state-owned funds.
Three, the use of international organizations or foreign government loans and assistance projects.
As mentioned above, this kind of project must be invited for bidding, which is generally required by international multilateral financial organizations such as the World Bank and foreign governments. In the bilateral agreements signed with these international organizations or foreign governments, China has also recognized this requirement. In addition, most of these loans belong to the state's sovereign debt, which is managed by the government in a unified way and should be regarded as state-owned capital investment in nature. According to China's situation, the projects that use loans from international organizations or foreign governments mainly include the World Bank, the Asian Development Bank and the Japan Overseas Economic Cooperation Fund, which are basically used for infrastructure and public utilities projects. Based on the above reasons, such projects are included in the scope of compulsory bidding in the Bidding Law.
It should be pointed out that the above three types of projects are only a large and general scope. The specific scope and scale standard of the project, that is, what kind of project, equipment and materials need to be tendered, and what kind of equipment and materials need to be tendered, shall be formulated by the development planning department of the State Council in conjunction with the relevant departments of the State Council, and promulgated for implementation after being approved by the State Council.
Four, the law or other projects that must be subject to tender in the State Council.
With the gradual establishment and implementation of the bidding system, the bidding field in China is expanding, and the scope of compulsory bidding will be adjusted according to actual needs. Therefore, in addition to the Bidding Law, other laws and the State Council have provisions on projects that must be subject to bidding, which should also be included in the scope of compulsory bidding.
Eighth state-owned funds holding or leading position of the project, according to the law must be tender, it should be open tender; But in any of the following circumstances, you can invite tenders:
(a) the technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose;
(two) the cost of public bidding accounts for a large proportion of the project contract amount.
The project specified in Article 7 of this Ordinance is under any of the circumstances listed in Item (2) of the preceding paragraph, which shall be determined by the project examination and approval department when examining and approving the project; Other projects shall be determined by the tenderer applying to the relevant administrative supervision departments.
Article 9 Except for the special circumstances stipulated in Article 66 of the Bidding Law, no bidding shall be conducted under any of the following circumstances:
(a) the need to adopt irreplaceable patents or proprietary technology;
(2) The purchaser may construct, produce or provide it by himself according to law;
(3) Investors of franchise projects selected through bidding can construct, produce or provide them by themselves according to law;
(four) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;
(five) other special circumstances stipulated by the state.
If a tenderer practices fraud in order to apply the provisions of the preceding paragraph, it belongs to the evasion of bidding as stipulated in Article 4 of the Bidding Law.
Regarding your question about "What are the bidding scopes of the new Bidding Law", the bidding scope of the new Bidding Law includes large-scale infrastructure, public utilities and other projects related to public interests and public safety, and the other parts have been explained above, so bidding is more beneficial to you.