The bidding behavior of "decide first and then recruit" is invalid?

1. In order to ensure full market competition, maintain market order, and especially ensure the quality of construction projects, the state requires construction projects above designated size to sign construction project contracts through bidding. However, in practice, there are often cases where the parties evade the compulsory bidding, collude or bid in the bidding process, or sign a contract inconsistent with the bidding after signing the bidding contract.

2. In practice, it is generally believed that the black contract is invalid, and both parties should perform it according to the white contract filed. However, in order to ensure the actual effect of bidding, the bidding law also strictly prohibits the parties from making substantive contact before bidding, and prohibits "deciding before bidding". If the parties "decide before bidding", the contract signed by both parties before bidding is invalid.

3. However, the contract signed by both parties through bidding is also invalid, because it violates the prohibition of "making a decision before bidding" in the Bidding Law. In case of dispute between the two parties, the project price shall be settled according to the contract that can be recognized as the true meaning of both parties.