The projects that must be subject to tender according to law are the compulsory bidding projects listed in Article 3 of the Bidding Law.
1. Large-scale infrastructure, public utilities and other projects related to the interests and safety of the public;
2. Projects that are wholly or partially invested with state-owned funds or financed by the state;
3. Projects that use loans or aid funds from international organizations or foreign governments.
the focus of the three categories lies in the second category, that is, projects invested by the state. In addition, according to China's actual situation, most of the first and third types of projects are also invested by the state.
Extended information
Adopted at the 11th meeting of the 9th the NPC Standing Committee on August 3th, 1999. According to the 31st meeting of the 12th the NPC Standing Committee on December 27th, 217 "On Amending the < Bidding Law of the People's Republic of China >: 、< People's Republic of China and National Metrology Law >: The decision of the amendment.
article 8 a tenderer is a legal person or other organization that proposes a project subject to tender and conducts bidding in accordance with the provisions of this law.
article 9 if a project subject to tender needs to go through the project examination and approval procedures in accordance with the relevant provisions of the state, it shall go through the examination and approval procedures first and obtain approval. The tenderer shall have the corresponding funds for the project subject to tender or the source of funds has been implemented, and it shall be truthfully stated in the tender documents.
Article 1 Bidding is divided into open bidding and invitation bidding.
1. Open tendering means that the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement.
2. Invitation to bid means that a tenderer invites a specific legal person or other organization to bid in the form of an invitation to bid.
article 11 if the national key projects determined by the development planning department of the State Council and the local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the central government are not suitable for public bidding, the invitation bidding may be conducted with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the central government.
article 12 a tenderer has the right to choose a bidding agency and entrust it to handle bidding matters. No unit or individual may designate a tendering agency for the tenderee in any way.
if a tenderer has the ability to prepare tender documents and organize bid evaluation, he can handle the tender matters by himself. No unit or individual may force it to entrust a bidding agency to handle bidding matters.
for a project subject to tender according to law, if the tenderer handles the tender matters by himself, it shall file with the relevant administrative supervision department.
References: Baidu Encyclopedia: Bidding Method.