Construction before bidding itself is a violation of the law, will be ordered to rectify and fined.
According to China's "Bidding Law"
Article 49? Violation of the provisions of this law, the project must be tendered without bidding, the project must be tendered into zero or in any other way to avoid bidding, ordered to make corrections within a specified period of time, and may impose a project contract amount of more than five thousandths of a thousandths of the following fine; all or part of the use of state-owned funds for the project, you can suspend the project implementation or suspension of the funds allocated;
The unit directly responsible for the competent personnel and other directly responsible for the project, and the project will be subject to a fine. Responsible officers in charge and other directly responsible personnel shall be punished according to law.
Article 50? The bidding agency violates the provisions of this Law, leaks the situation and information related to bidding and tendering activities that should be kept confidential, or colludes with the bidder or tenderer to harm the national interests, social public **** interests or the legitimate rights and interests of others, shall be sentenced to a fine of not less than 50,000 yuan and not more than 250,000 yuan.
The unit directly responsible for the competent person and other directly responsible persons shall be fined more than five percent of the amount of the unit fine of less than ten percent of the fine; there is illegal income, and confiscate the illegal income; the circumstances are serious, suspended until the abolition of the qualification of the bidding agent; constitutes a crime, shall be investigated for criminal responsibility. Cause damage to others, according to the law to bear the responsibility for compensation.
Extended information:
Early in 2016, by the Shenzhen Municipality and Heilongjiang Province, the two sides of cooperation Carried out by the cooperation between Shenzhen and Heilongjiang Province, the "production area reserve" project, settled in Heilongjiang Province, Nongken Hongxinglong Management Bureau of five ninety-seven farms, after the completion of the project, Shenzhen from Heilongjiang Province, part of the procurement of food will be able to realize the local storage. At present, the project has entered the construction bidding stage. However, the reporter found that the bidding process has not yet ended, part of the construction has been completed.
Not yet bidding has begun, the equivalent of not buying a ticket on the bus, did not take the license to drive, obviously inappropriate. It is not yet possible to confirm the real reason why the project has been launched before bidding, but from the questioning of many netizens, the negative impact of this behavior has been produced.
According to the report can be seen, Shenzhen Heilongjiang two **** build farms, is a useful exploration, can play their respective strengths, to achieve complementary advantages; deepen food production and marketing cooperation, to achieve a multi-win. Because of this, more requirements for each step can not step on the air, each progress should stand up to scrutiny, so as to do a good job, rather than a failure, or because of the extraneous and incurring verbal abuse.
Beginning construction without bidding, although it does not necessarily indicate that there is something behind the unseemly shady, does not mean that there will certainly be safety concerns, but this behavior itself is no less problematic.
China's bidding law, Article 3 clearly stipulates that all or part of the use of state-owned funds to invest in or state-financed projects, must be bidding.
Article IV provides that "no unit or individual shall not be required by law to bidding projects into zero or in any other way to avoid bidding". And the project just state-owned capital investment, bidding is a legal obligation. It is reported that the first phase of the project investment of 500 million yuan, such a high investment project should be strictly bidding, and follow the principle of openness, fairness, justice and honesty and credit.
And according to the bidding announcement, the deadline for bidding is Sept. 27, and the planned start date is Oct. 15. Since the announcement has been posted, why would there be a rush to start construction? Some netizens suspect that there must be something fishy, the construction company is not small, "winning" enterprise or benefit transfer ...... These are suspicions, but I have to say, it is precisely because of the strange things, the doubts are obvious, it is more let people think about it.
People often say that there is no procedural justice, there is no substantive justice, regardless of the size of the problem, not bidding to start this program "injustice" has hurt the substantive justice. The public wants to know, the truth is how? Whether there are improper transactions?
Therefore, the wisest thing to do locally is to stop the damage by responding in a timely manner, to restore the truth through a thorough investigation, and to eliminate procedural flaws by repairing them quickly. If there is really a problem, we have to account for the relevant personnel; if it is just a "misunderstanding", it may also be worth explaining to the public. Eliminate all kinds of doubts, withstand all kinds of nitpicking, the project can be more smoothly carried out, better play the expected effect.
People's Daily Online - Beijing Times: not bidding on the construction, sung which one
Baidu Encyclopedia - Chinese People's Republic of China *** and the State Bidding Law