Is it legal to sign a construction contract for a self-financed tourism development project without bidding?

I don’t know the size of your project. If it is tens of square meters, there will be no problem. The state has regulations on the start of project construction and construction project contracting contracts.

my country’s regulations on compulsory bidding for construction projects are relatively complex. Article 3 of the "Tendering and Bidding Law" stipulates that the following three types of engineering construction projects must be tendered: first, large-scale infrastructure, public utilities and other projects related to social public interests and public safety; second, all or part of the projects Projects invested with state-owned funds or financed by the state; third, projects using loans and aid funds from international organizations or foreign governments. On April 4, 2000, the "quasi-administrative regulations" "Regulations on the Scope and Scale Standards of Tendering for Engineering Construction Projects" approved by the State Council and issued by the National Development Planning Commission specifically stipulated which projects must be tendered by law, such as public projects* The scope of public utility projects with ** interests and public safety refers to municipal engineering projects such as water supply, power supply, gas supply, and heating supply; projects such as science and technology, education, and culture; projects such as sports and tourism; and projects such as health and social welfare ; Commercial housing, including affordable housing; other public utility projects. The "Measures for the Management of Tendering and Bidding for Housing Construction and Municipal Infrastructure Engineering Construction" issued by the Ministry of Construction on May 31, 2001 stipulates that if the settlement price of a new single construction contract is more than 2 million yuan or the total project investment is more than 30 million yuan, Tendering must be conducted. The "Notice on Further Implementing the Tendering and Bidding Law of the People's Republic of China and the State" issued by the National Development Planning Commission on July 27, 2001 requires that all construction projects, important equipment and main material procurement that meet the national scale standards must be Bidding in accordance with the law. Provincial people's governments determine the specific scale standards for projects that must be tendered in their respective regions and must not reduce the scope of necessary tenders determined by the state. At the same time, they must prevent scale standards that are too low from affecting the efficiency and effectiveness of bidding activities. Except as determined by the State Council and provincial people's governments in accordance with the law, no locality or department may further formulate the bidding scope and scale standards for construction projects that require bidding. According to the provisions of Article 4 of the local regulation "Jiangsu Provincial Bidding Regulations" passed on December 19, 2003, the specific scope of projects that must be tendered in accordance with the law shall be implemented in accordance with relevant national regulations; their scale standards shall be stipulated by the Provincial People's Government and the National If there are already provisions, those provisions shall prevail. On May 18, 2004, the local regulations "Regulations on the Bidding Scope and Scale of Engineering Construction Projects in Jiangsu Province" made more specific provisions on this. For example, if the contract settlement price of the construction unit is more than 1 million yuan or the construction area is 2,000 square meters Anything above 1 meter constitutes the scale standard that requires bidding according to law.

In this legal system related to project bidding, the factor that directly affects the construction contract is the "project scope", and the main factors to determine the validity of the contract should be the "project purpose" and "funding source". For projects invested by individual private companies and "foreign-funded enterprises" that do not involve public interests or public safety, although the scale of the project is large, they are not projects that require bidding. As far as this case is concerned, although the first phase of the International Garment Port project invested and constructed by Company A has a project scale of approximately 30 million yuan, the project is not a "public utility project" and does not fall within the scope of bidding that is required by law. Although the contract signed with Company B was in the name of bidding and violated the procedural requirements of bidding, the construction contract did not violate the provisions of the Contract Law regarding the invalidity of contracts, and it should be deemed legal and valid. Moreover, such a determination is consistent with the basic civil law principle of good faith.

In addition, it should be noted that the "Tendering and Bidding Law" stipulates six situations in which the winning bid is invalid in Chapter 5 "Legal Liability". If the bidders collude with each other in bidding or with the tenderee, the bid will be invalid If a person seeks to win the bid by bribing the tenderer or a member of the bid evaluation committee, the bid will be invalid; if the bidder bids in the name of another person or cheats in other ways to win the bid, the bid will be invalid; for projects that require bidding according to law, if the bidder violates this The law stipulates that if the negotiation with the bidder on the bidding price, bidding plan and other substantive content affects the result of winning the bid, the winning bid will be invalid. Since the notice of winning the bid is legally binding on both parties, an invalid bid will inevitably lead to the invalidation of the construction contract. However, the prerequisite for determining that the contract is invalid is still that the project is a "project that requires bidding according to law."

Before starting construction, you must have a construction permit:

1. Drawing review, including fire protection, civil air defense, construction drawings, and lightning protection

2. Bidding, including design, supervision, survey, and construction

3. Confirmation of construction conditions, on-site survey

4. Contract filing, including supervision contract and construction contract< /p>

5. Safety supervision, production safety license filing

6. Quality supervision

7. Payment of safety measure fees and insurance

8 , Pay social labor security fees

9. Migrant workers' deposit

That's about all I can think of. For details, go to the construction committee window of the administrative approval hall of each municipal construction committee for consultation.

Before this, there must be land certificates, land use planning permits, project approvals, plans, construction project planning permits, construction approvals, fire protection approval opinions, etc.