and Yunnan Road and Bridge Co., Ltd.

Due to the fact that the provisions on invitation to bid for precast buildings in the guiding opinions are not detailed, and the policies of provinces and cities are not unified, in practice, some precast construction projects may belong to the type that should be subject to public bidding according to law, but the corresponding construction contracts are signed in the form of invitation to bid.

Foreword recently, the general office of the Beijing Municipal People’s government issued the implementation opinions on the further development of precast buildings (jzbf [2022] No.

(hereinafter referred to as “economic development and investment company”) and Guizhou Jinjiu construction and Installation Engineering Co., Ltd.

At present, the scope of precast buildings subject to bidding as stipulated by the policies of various provinces and cities also complies with this legal provision.

Ferrule Insert

/Study the case with you/_ Discussion on legal issues involved in the bidding of precast buildings case analysis 1.

The first view is that the contract is valid.

Compared with traditional cast-in-place buildings, precast buildings have the advantages of saving resources, reducing pollution, improving quality and efficiency.

For example, the opinions on the bidding of precast construction projects in Fuzhou (Rong Jian she [2020] No.

In practice, there are also differences in the preconditions for provinces and cities to allow the use of invitation to bid for precast buildings.

According to Article 64 of the regulations for the implementation of the bidding law of the people’s Republic of China, “if a tenderer is under any of the following circumstances, the relevant administrative supervision department shall order it to make corrections and may impose a fine of less than 100000 Yuan: (1) it shall adopt invitation to tender when it should be open in accordance with the law;”, Therefore, the tenderee’s violation of this provision is a violation of administrative order, not a violation of mandatory provisions of laws and regulations.

On the basis of combing the bidding policy documents of precast buildings in some provinces and cities, this paper discusses the legal issues that may be involved in the bidding of precast buildings from four aspects: bidding scope, bidding method, qualification conditions and qualification requirements.

The court of first instance held that the essence of this framework agreement was a construction contract for construction projects, Moreover, the project involved in the case belongs to the category of mandatory bidding.

[7], the Supreme People’s Court of second instance held that: “Article 10 of the bidding law of the people’s Republic of China stipulates that bidding is divided into public bidding and invitation bidding, both of which are legal and effective..

In recent years, they have been regarded as the next generation of construction methods and have been vigorously promoted throughout the country.

(hereinafter referred to as “Jinjiu company”) [3], the economic development and investment company directly contracted the precast project in the form of signing a framework agreement.

For example, according to the Interim Measures for the administration of bidding and tendering for precast buildings in Jiangxi Province (GaN Jian Zhao [2017] No.

Case 2.

bidding method Article 8 of the regulations for the implementation of the bidding law of the people’s Republic of China stipulates that “projects subject to bidding according to law where state-owned funds hold a controlling or dominant position shall be subject to public bidding; however, under any of the following circumstances, bidding may be invited: (1) there are only a few potential bidders with complex technology, special requirements or restrictions by the natural environment;”.

For example, in the case of construction contract dispute between Pu’er MoSi expressway development and Operation Co., Ltd.

147) [6] of Chongqing, it is required that there are less than 7 (including 7) construction general contracting enterprises with the production capacity of precast components within 100 kilometers of the transportation distance of precast construction projects, and then the invitation for bids can be adopted.

(2) projects that are wholly or partially invested with state-owned funds or financed by the state;”.

However, there is still a lack of unified guidance documents on the bidding of precast buildings, and the bidding management methods of precast buildings in various regions are not perfect.

Article 10 of the guiding opinions of the general office of the State Council on vigorously developing precast buildings (GBF [2016] No.

The scope of bidding Article 3 of the law of the people’s Republic of China on bidding and tendering stipulates that “the following engineering construction projects within the territory of the people’s Republic of China, including the survey, design, construction, supervision and the procurement of important equipment and materials related to engineering construction, must be subject to bidding:…

71) [4] (hereinafter referred to as the “guiding opinions”) stipulates that “precast buildings can be subject to bidding for technically complex engineering projects.” However, this provision in the guiding opinions is relatively general, and it does not directly specify that precast buildings can be invited to bid in the form of invitation to bid, nor does it distinguish between the specific cases of open bidding and invitation to bid for precast buildings.

15) [5], the precast construction projects that must be subject to bidding according to law without approval and approval of the project feasibility study report or project application report can be subject to invitation to bid as technically complex projects, However, in the notice on the implementation of precast construction projects (YJ [2018] No.

16) [1], which proposed that by 2025, the proportion of precast buildings in the newly-built building area in Beijing will reach 55%, basically completed with standardized design, industrialized production, precast construction A modern building industry system characterized by integrated decoration, information management and intelligent application.

35) [2] stipulates that “in principle, the precast construction projects in which the state-owned investment occupies a controlling or dominant position in our city shall be subject to public bidding.” If the precast project meets the type and scale of bidding required by law, and the employer directly signs the precast project contract with the contractor without bidding, the contract may be deemed invalid.

At present, there are mainly two views on the validity of the contract in the judicial practice.

For example, in the case of construction contract dispute between Guizhou Xinpu economic development and Investment Co., Ltd.

The plaintiff failed to conduct bidding as required, and the framework agreement was finally determined to be invalid.

Case analysis III.