Law of the peoples Republic of China on Tendering bidding

General

Article 1 In order to regulate bidding bidding activities, protect national interests, social public interests, the legitimate rights interests of parties involved in bidding bidding activities, improve economic benefits, ensure project quality, this law is formulated.

Article 2 This Law shall apply to bidding activities within the territory of the People's Republic of China.

Article 3 The following construction projects within the territory of the People's Republic of China, including project survey, design, construction, supervision, procurement of important equipment materials related to project construction, must be tendered:

(1) Large-scale infrastructure, public utilities other projects related to social public interest public safety;

(2) Projects that use state-owned funds for investment state financing in whole in part;

(3) Projects that use loans aid funds international organizations foreign governments.

The specific scope scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with relevant departments of the State Council submitted to the State Council for approval.

If the law the State Council has provisions on the scope of other projects that must be tendered, follow those provisions.

Article 4 No unit individual may divide a project that is legally required for bidding into parts avoid bidding in any other way.

Article 5 Bidding bidding activities shall follow the principles of openness, fairness, justice honesty.

Article 6 For projects that are subject to bidding in accordance with the law, the bidding activities shall be restricted by regions departments. No unit individual may illegally restrict exclude legal persons other organizations outside the region system participating in bidding, illegally interfere with bidding activities in any way.

Article 7 Bidding bidding activities their parties shall accept the supervision implemented in accordance with the law.

The relevant administrative supervision departments shall supervise the bidding bidding activities in accordance with the law, investigate deal with illegal acts in the bidding bidding activities in accordance with the law.

The administrative supervision of tendering bidding activities the specific division of powers of relevant departments shall be prescribed by the State Council.

Bidding

Article 8 The bid inviting party is a legal person other organization that proposes conducts bidding in accordance with the provisions of this Law.

Article 9 If a bidding project needs to go through project approval procedures in accordance with relevant state regulations, it shall first go through the approval procedures obtain approval.

The bid inviting party shall have the corresponding funds for the bidding project the source of funds has been confirmed, shall be truthfully stated in the bidding documents.

Article 10 Bidding is divided into public bidding invited bidding.

Public bidding means that the bid inviting party invites unspecified legal persons other organizations to bid by way of a bidding announcement.

Inviting tenders means that the tenderee invites specific legal persons other organizations to bid in the form of bid invitations.

Article 11: If the national key projects determined by the development planning department of the State Council the local key projects determined by the people's governments of provinces, autonomous regions, municipalities are suitable for public bidding, invitations may be invited upon approval by the development planning department of the State Council the people's governments of provinces, autonomous regions, municipalities directly under the Central Government. Bidding.

Article 12 The bid inviting party has the right to choose the bid invitation agency entrust it to handle the bid invitation matters. No unit individual may appoint a tendering agency for the tenderee in any way.

If the bid inviting party has the ability to prepare bidding documents organize bid evaluation, it may handle the bidding matters on its own. No unit individual may force it to entrust a bidding agency to handle bidding matters.

For projects that are subject to bidding in accordance with the law, if the bid inviting party handles the bidding matters on its own, it shall file with the relevant administrative supervision department.

Article 13 A bidding agency is a social intermediary organization established according to law to engage in bidding agency business provide related services.

The bidding agency shall meet the following conditions:

(1) business premises corresponding funds for the bidding agency business;

(2) Have the corresponding professional force capable of preparing bidding documents organizing bid evaluation;

(3) There is a database of technical economic experts who meet the conditions specified in the third paragraph of Article 37 of this law can be selected as members of the bid evaluation committee.

Article 14 The qualifications of bid invitation agencies engaged in the bid invitation agency business of construction projects shall be recognized by the construction administrative department of the State Council the people's governments of provinces, autonomous regions, municipalities directly under the Central Government. The specific measures shall be formulated by the construction administrative department of the State Council in conjunction with relevant departments of the State Council. The competent authority for qualification verification of bid invitation agencies engaged in other bid invitation agency business shall be prescribed by the State Council.

The bidding agency shall have any subordination relationship other interest relationship with administrative agencies other state agencies.

Article 15 The bid invitation agency shall handle the bid invitation matters within the scope entrusted by the bid inviting party abide by the provisions of this law on the bid invitation party.

Article 16 If the bid inviting party adopts the public bidding method, it shall issue a bid invitation announcement. The bidding announcements of projects that require bidding in accordance with the law shall be published through newspapers, information networks other media designated by the state.

The bid invitation announcement shall specify the name address of the bid inviting party, the nature quantity of the bid invitation project, the place time of implementation, the method for obtaining bid invitation documents.

Article 17 the tenderee adopts the method of inviting bidding, it shall issue a bid invitation letter to three more specific legal persons other organizations that have the ability to undertake the bidding project have good credit standing.

The bid invitation letter shall specify the matters specified in the second paragraph of Article 16 of this Law.

Article 18 The bid inviting party may, in accordance with the requirements of the bidding project itself, require potential bidders to provide relevant qualification certification documents performance status in the bidding announcement bid invitation letter, conduct qualification review of potential bidders; If there are provisions for qualification conditions, follow those provisions.

The tenderee shall restrict exclude potential bidders on unreasonable conditions, shall discriminate against potential bidders.

Article 19 The tenderee shall prepare the tender documents according to the characteristics needs of the tendered project. The bidding documents shall include all the substantive requirements conditions such as the technical requirements of the bidding project, the criteria for reviewing the qualifications of bidders, bidding quotation requirements bid evaluation criteria, as well as the main terms of the contract to be signed.

If the state has regulations on the technology standards of the bidding project, the bid inviting party shall put forward corresponding requirements in the bidding documents in accordance with the regulations.

If the bidding project needs to divide the bid section determine the construction period, the tenderee shall reasonably divide the bid section determine the construction period, specify it in the bidding documents.

Article 20 The bidding documents shall require indicate specific producers suppliers other content that tends to excludes potential bidders.

Article 21 The tenderee may organize potential bidders to survey the project site based on the specific conditions of the tendered project.

Article 22 The bid inviting party shall disclose to others the name number of potential bidders who have obtained the bidding documents, other information about the bidding bidding that may affect fair competition.

If the tenderee has a base bid, the base bid must be kept confidential.

Article 23 If the tenderee makes necessary clarifications amendments to the tender documents that have been issued, it shall notify all tender documents recipients in writing at least 15 days before the deadline for submission of tender documents as required by the tender documents. The content of the clarification modification is an integral part of the bidding documents.

Article 24 The bid inviting party shall determine the reasonable time required for the bidder to prepare the bidding documents; however, for projects that are subject to bidding in accordance with the law, it shall be the shortest the date when the bidding documents are issued to the deadline for submission of bid documents by the bidder Less than twenty days.

tender

Article 25 A bidder is a legal person other organization that responds to bidding participates in bidding competition.

an individual is allowed to participate in a bid for a scientific research project that is tendered in accordance with the law, the individual bidding shall apply the provisions of this Law on bidders.

Article 26 Bidders shall have the ability to undertake the bidding project; if relevant national regulations stipulate bidder qualifications the bidding documents stipulate bidder qualifications, bidders shall possess the prescribed qualifications.

Article 27 Bidders shall prepare bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements conditions put forward in the bidding documents.

If the bidding project is a construction project, the content of the bidding document shall include the resumes, performance mechanical equipment to be used to complete the bidding project, etc. of the person in charge of the project to be dispatched main technical personnel.

Article 28 The bidder shall deliver the bidding documents to the bidding place before the deadline for submission of bidding documents as required by the bidding documents. After receiving the bid documents, the bid inviting party shall sign for receipt save it, shall open it. If there are fewer than three bidders, the bid inviting party shall re-tender in accordance with this Law.

The tenderee shall refuse to accept the tender documents that are delivered after the deadline for submission of tender documents as required by the tender documents.

Article 29 Before the deadline for submission of bid documents as required by the tender documents, bidders may supplement, modify withdraw the submitted bid documents, notify the tenderee in writing. Supplements modifications are part of the bidding documents.

Article 30 According to the actual situation of the project specified in the bidding documents, if a bidder intends to subcontract part of the non-subject non-critical work of the winning project after winning the bid, it shall be stated in the bidding document.

Article 31 Two more legal persons other organizations may form a consortium jointly bid as one bidder.

All parties to the consortium shall have the corresponding ability to undertake the bidding project; if relevant national regulations bidding documents stipulate the qualifications of bidders, all parties to the consortium shall have the corresponding qualifications. A consortium consisting of units of the same profession shall determine the qualification level according to the unit with a lower qualification level.

The parties to the consortium shall sign a joint bidding agreement, clearly stipulating the work responsibilities that the parties intend to undertake, submit the joint bidding agreement together with the bidding documents to the tenderer. If a consortium wins the bid, all parties to the consortium shall jointly sign a contract with the tenderer bear joint several liability to the tenderer for the project that has won the bid.

The bid inviting party shall force bidders to form a consortium to jointly bid, shall restrict competition among bidders.

Article 32 Bidders shall collude with each other in bidding quotations, shall crowd out fair competition among other bidders, damage the lawful rights interests of the tenderer other bidders.

The bidder shall collude with the tenderer in bidding to damage the national interest, social public interest the lawful rights interests of others.

It is forbidden for bidders to use bribes to bid inviting parties members of the bid evaluation committee in order to win the bid.

Article 33 Bidders shall bid at a price lower than the cost, nor shall they bid in the name of others resort to fraud in other ways to defraud the winning bid.

Bid opening, bid evaluation bid winning

Article 34 Bid opening shall be conducted publicly at the same time as the deadline for submission of bid documents as determined in the bidding documents; the place of bid opening shall be the place predetermined in the bidding documents.

Article 35 The bid opening shall be presided over by the tenderer all bidders are invited to participate.

Article 36 When the bid is opened, the bidder a representative elected by him shall check the sealing condition of the bid documents, the notary agency entrusted by the bid inviting party may check notarize; after confirmation, the staff shall open the seal in public announce the bid Name of person, bid price other main contents of bid documents.

All tender documents received by the tenderee before the deadline for submission of tender documents as required by the tender documents shall be opened read out in public when the bid is opened.

The bid opening process should be recorded kept on file for future reference.

Article 37 The bid evaluation committee shall be responsible for the bid evaluation committee established by the tenderee according to law.

For projects subject to bidding in accordance with the law, the bid evaluation committee shall be composed of representatives of the tenderer experts in related technical economic fields. The number of members shall be an odd number of five more, among which technical economic experts shall be less than three of the total number of members. Two of them.

The experts mentioned in the preceding paragraph shall have worked in the relevant fields for at least eight years have a senior professional title equivalent professional level. The tenderee shall be in the expert roster provided by the relevant department of the State Council the relevant department of the people’s government of the province, autonomous region, municipality directly under the Central Government the expert database of the bidding agency. It is determined in the list of experts in related majors; general bidding projects can be selected randomly, special bidding projects can be directly determined by the tenderee.

Anyone interested in the bidder shall enter the bid evaluation committee of the relevant project; those who have already entered shall be replaced.

The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.

Article 38 The tenderee shall take necessary measures to ensure that bid evaluation is conducted in strict confidentiality.

No unit individual may illegally interfere influence the process results of bid evaluation.

Article 39 The bid evaluation committee may require bidders to make necessary clarifications explanations for the unclear contents in the bid documents, but the clarifications explanations shall exceed the scope of the bid documents change the substantive content of the bid documents.

Article 40 The bid evaluation committee shall evaluate compare the bid documents in accordance with the bid evaluation standards methods determined in the bidding documents; if there is a base bid, it shall refer to the base bid. After the bid evaluation committee has completed the bid evaluation, it shall submit a written bid evaluation report to the tenderer recommend qualified candidates for winning the bid.

The tenderee shall determine the winning bidder based on the written bid evaluation report submitted by the bid evaluation committee the recommended bid winner candidates. The tenderee may also authorize the bid evaluation committee to directly determine the winning bidder.

If the State Council has special regulations on the evaluation of specific bidding projects, such regulations shall prevail.

Article 41 The bid of the winning bidder shall meet one of the following conditions:

(1) It can meet the comprehensive evaluation standards specified in the bidding documents to the greatest extent;

(2) It can meet the substantive requirements of the bidding documents, the evaluated bid price is the lowest; but the bid price is lower than the cost.

Article 42 If the bid evaluation committee considers that all bids do meet the requirements of the bidding documents after evaluation, it may reject all bids.

If all bids for projects that require bidding according to law are rejected, the bid inviting party shall re-tender in accordance with this Law.

Article 43 Prior to the determination of the winning bidder, the tenderee shall negotiate with the bidder on the substantive content such as the bid price the bid plan.

Article 44 The members of the bid evaluation committee shall perform their duties objectively fairly, abide by professional ethics, bear personal responsibility for the evaluation opinions put forward.

The members of the bid evaluation committee shall contact the bidders in private, shall accept the bidder’s property other benefits.

The members of the bid evaluation committee the relevant staff involved in bid evaluation shall disclose the evaluation comparison of bid documents, the recommendation of candidates for bid winning, other information related to bid evaluation.

Article 45 After the successful bidder is determined, the tenderee shall issue a bid-winning notice to the successful bidder, at the same time notify all unsuccessful bidders of the result of the bid.

The bid-winning notice has legal effect on the tenderee the winning bidder. After the bid-winning notice is issued, if the bid inviting party changes the bid-winning result, the bid-winning party abandons the bid-winning project, it shall bear legal responsibility according to law.

Article 46 The tenderee the winning bidder shall conclude a written contract in accordance with the bidding documents the bidding documents of the winning bidder within 30 days the date of issuance of the bid winning notice. The tenderee the winning bidder shall enter into other agreements that deviate the substance of the contract.

If the bidding documents require the winning bidder to submit a performance bond, the winning bidder shall submit it.

Article 47 For projects that are subject to bidding in accordance with the law, the bid inviting party shall submit a written report on the bidding status to the relevant administrative supervision department within 15 days the date of determining the winning bidder.

Article 48 The winning bidder shall perform its obligations in accordance with the contract complete the winning project. The winning bidder shall transfer the winning project to others, nor shall it dismember the winning project transfer it to others separately.

The winning bidder is in accordance with the contract