Legal Effect Research Of Mandatory Bidding For Construction Project Contract Changes

The “Law of the People’s Republic of China on Tendering and Bidding” stipulates that projects such as the construction of state-owned assets of a certain scale must be tendered and selected in accordance with the law.The bidding method encourages full competition to optimize the allocation of resources,and its implementation process has stricter legal requirements and more standardized process settings.In recent years,with the discovery of outstanding problems and the disclosure of typical corruption cases,there have been many problems in the management of bidding,such as arbitrary changes in post-bid contract performance,bidding for small and large,low-price bidding,high-price settlement,etc.The performance is out of touch.In the process of contract performance,due to design changes,large deviations between the actual engineering volume and the estimated budget,and project omissions,various problems such as changes in the design of the construction project that must be tendered,the content of the contract needs to be modified and changed.Contracts that have been publicly won can be directly negotiated and changed,and the current legal system has no clear regulations.The general civil contract is based on the right of change granted by the contract law.It can be changed during the performance of the contract after the parties have reached an agreement.However,due to the particularity of the bidding project according to law,the content and procedures of the change of the contract signed through the open bidding process should be more Strictly prudent.This article analyzes the characteristics and practical cases of the bidding mechanism,combined with relevant provisions of laws,administrative regulations,judicial interpretations,etc.,and focuses on analyzing the problems and related countermeasures of contract changes in the implementation stage of the bid-winning construction project for compulsory bidding.First of all,this article starts from the confusion in practice,proposes research questions,and defines the scope and objects of the research questions;Secondly,analyze the difference between contract changes and“black and white contracts” and supplementary agreements;from the analysis of the function and purpose of the bidding mechanism,it is concluded that the determination of “substantial content of the contract” should not only be clearly stipulated by the law,but also pay attention to the preliminary evaluation of the tender documents Negative clauses and scoring methods account for a relatively high review factor.Then it sorted out the illegality of contract changes,and pointed out that malicious changes exist in the use of contract changes to raise the winning bid price for illegitimate benefits,achieve the purpose of benefit transmission,or evade bidding.Combining the three main reasons for contract changes in practice,namely design changes,additional engineering quantities,and changes caused by changes in circumstances,the legal effect of contract changes under different circumstances is specifically analyzed.Finally,according to the current legal system,the understanding and application of the legal system are refined and perfected.On this basis,the three-step thinking is used to analyze and solve the cases in the practical dilemma,and propose three result forms that can negotiate changes,need to re-tender,and investigate the responsibility for breach of contract after the change.Finally,it puts forward suggestions for improvement of the change procedures,so as to promote the standardized operation of the mandatory bidding construction project contract changes.