Government of People’s Republic of China Bidding

(Ninth National People's Congress Standing Committee of the 11th Meeting of August 30, 1999 August 30, 1999 Presidential Decree XXI People's Republic of China, promulgated on January 1, 2000) [ 1]
Chapter I General Provisions
Article
In order to standardize the bidding activities, protection of national interests, public interests and the legitimate rights and interests of the parties involved in the bidding, enhance economic efficiency and to ensure the quality of projects, this Law is enacted.
Article
Conduct bidding activities within the territory of People's Republic of China, this Law.
Article
In the territory of People's Republic of China following construction projects including project survey, design, construction, supervision and engineering and construction-related important equipment, materials procurement, tenders must be:
(A) large-scale infrastructure, public utilities and other public interest and public safety projects;
(B) wholly or partly state-owned or state financing of capital investment projects;
(Iii) use of international organizations or foreign governments project loans, aid funds.
Specific scope and scale of standard items listed in the preceding paragraph, the development planning department of the State Council jointly with relevant departments under the State Council formulated, approved by the State Council.
Article
No unit or individual shall not be subject to tender the project several small parts or otherwise avoid the tender.
The fifth
Bidding activities shall follow the openness, fairness, impartiality and honesty.
Article
Legally requires the invitation of the project, the bidding activity is not restricted areas or departments. Any unit or individual may illegally restrict or exclude the region, legal persons or other organizations of the system other than to participate in the bidding, not in any way unlawful interference with the bidding activity.
Article
Bidding activities and the parties shall accept the supervision according to law.
The relevant administrative supervision departments shall supervise bidding activities, investigate and punish violations of the bidding activities.
Bidding activities of administrative supervision departments and the specific delineation of authority by the State Council.
Chapter II Tendering
Article VIII
Tenderer is proposed tender in accordance with this Law, tender of a legal person or other organization.
Article IX
Tenders in accordance with the relevant provisions of the State program approval procedures, the examination and approval procedures should first obtain approval.
Tenderer shall have to tender the project funds or sources of funds, and shall state it truthfully in the tender documents.
Article X
Tenders include public tenders and invitations to tender.
A public tender means that a tenderer form of tender announcement, invites unspecified legal persons or other organizations to bid.
Invitation to tender means that a tenderer, in the invitation to tender letter, invites specified legal persons or other organizations to bid.
Article XI
Development Planning Department of the State Council of the national key projects and provinces, autonomous regions and municipalities to determine the local key projects suitable for public bidding, the State Council Development planning departments or provinces, autonomous regions and municipalities for approval, may be invited to tender.
Article XII
People the right to choose the tender bidding agency for the execution of the tender. No unit or individual shall not designate a bid invitation agency for the tenderer in any way.
Tenderer who has prepared tender documents and organizing bid evaluation may carry out the tender. Any unit or individual may compel the tenderer agency to carry out the tender.
A project legally subject to bidding, the tender itself for the tender, shall report to the relevant department for administrative supervision.
Article XIII
Bidding agency is legally established in the bidding agency business and social intermediary organizations to provide related services.
Tendering agency shall meet the following conditions:
(A) engaged in the bidding agency business place of business and the corresponding funding;
(B) the appropriate expertise can prepare tender documents and organizing bid evaluation;
(C) comply with the third paragraph of Article 37 of this Law, the conditions, as the members of the bid evaluation committee expert database of candidates for technical, economic and other aspects.
Article XIV
Engaged in engineering construction project bidding agency business of tendering agency, its accreditation by the State Council or provincial, autonomous regions and municipalities construction administrative departments. The specific measures by the construction administration department of the State Council in conjunction with the relevant departments. Engaging in other tender bidding agency business agency, its accreditation by the State Council department in charge.
Bidding agency and the executive authorities and other state organs no relationship of subordination or other interest.
Article XV
Bidding agency shall undertake tendering within the scope authorized by the tender and to comply with provisions of this Law on tenderers.
Article XVI
A tenderer who adopts the public tender method shall issue a tender announcement. Legally requires the invitation of the project tender notice shall be designated by the national newspapers, information networks or other media publication.
Tender notice shall specify the matters tenderer's name and address, the nature, quantity, place and time of obtaining the tender documents bidding project.
Article XVII
A tenderer who adopts the invitation to tender, should have the capacity to undertake three or more tender and good credit standing of specific legal persons or other organizations to issue invitations to bid.
The invitation shall matters provisions of Article 16, paragraph 2 states.
Article XVIII
Tenderer can tender their requirements in the tender notice or invitation to tender, potential bidders to provide proof of qualifications and performance, the potential bidders and qualification; national qualifications of bidders provisions in accordance with its provisions.
A tenderer may not unreasonably restrict or exclude potential bidders shall not discriminate against potential bidders.
Article XIX
Tenderer shall tender the project according to the characteristics and requirements of the tender documents. The tender documents shall include the technical requirements of the tender, bidders qualification standards, evaluation criteria and the requirements of the tender offer and all other substantive requirements and conditions as well as the main terms of the contract to be signed.
State tender technical standard provisions, the tenderer shall submit the corresponding requirements in the tender documents in accordance with its provisions.
Tenders need to divide tenders, to determine the duration, the tender should be a reasonable division of tenders, to determine the duration, and specified in the tender documents.
Article XX
Tender documents may not require a specific producer or supplier or contain other contents favoring or excluding potential bidders.
Article XXI
Tenderer according to the specific circumstances of the tender project by potential bidders reconnaissance project site.
Article 22
Tender shall not disclose to others already acquired his tender documents potential bidders name, quantity and other circumstances that may affect fair competition related to the tender bid.
Tenderer has a base bid price must remain confidential.
Article 23
Bidding on the tender documents already issued the necessary clarifications or modifications shall submit bid documents requested in the bidding documents at least 15 days prior to closing time, notify all the bidding documents in writing to the recipient. Such clarifications or modifications as part of the tender documents.
Article 24
A tenderer shall set a reasonable time for bidders to prepare tender documents required; however, the project legally subject to bidding, from the date of issue of tender documents submitted by the bidders until the date of closing of the tender documents, which shall not be less than 20 days .
Chapter III bid
Article 25
Bidders are tender, to participate in legal persons or other organizations to bid competition.
Law allows individuals to participate in scientific research project tender bid, bid personal applicable provisions of this Law on bidders.
Article 26
A bidder shall have the ability to undertake the project tender; relevant national regulations on the qualifications of bidders or the tender documents of bidders eligibility conditions prescribed, the bidder shall meet the qualification requirements.
Article 27
The bidder shall prepare the tender documents in accordance with the requirements of the tender documents. Tender documents shall substantive requirements and conditions of the tender documents submitted to respond.
Tender is for construction work, the bid documents should include curriculum vitae to be appointed project leader and technical personnel, performance and intended for completion of the tender project machinery.
Article 28
Former bidder shall submit the bid documents requested in the bidding documents the deadline, the tender documents to tender place. After receipt of the tender bid documents shall sign and keep, not open them. Fewer than three bidders, the tender should be re-tendered in accordance with this Law.
After the tender documents the tender documents for submission of bid documents served on the deadline, the tender shall be rejected.
Article 29
Bidders in the tender documents before the deadline for submission of bid documents may supplement, modify or withdraw the bid documents have been submitted and notify the tenderer. Supplement, modify the content as an integral part of the bid documents.
Article 30
Bidder according to the actual situation of the project stated in the tender documents, to be successful in winning project after the main part of the non-critical work subcontract shall be stated in the tender documents.
Article 31
Two or more legal persons or other organizations may form a consortium for a joint bid bidder's identity.
Consortium shall have to bear the tender corresponding capacity; the relevant provisions of the State or the tender documents of bidders eligibility conditions prescribed consortium shall have the corresponding required qualifications. Consortium by the same professional units, according to a lower level of qualification of the unit to determine the level of qualification.
Joint bidding consortium shall sign the agreement, the parties expressly agreed tasks and responsibilities to be assumed, and joint bidding agreement to be submitted together with the tender documents the tenderer. Consortium wins the bid, the consortium shall jointly sign a contract with the tenderer, the winning project jointly and severally liable to the tenderer.
A tenderer may not compel bidders to form a consortium to jointly bid may not restrict competition among bidders.
Article 32
The bidder may not collude with the tender offer, or discriminate fair competition with other bidders, harm the legitimate interests of the tenderer or other bidders.
A bidder may not collude with the tender bid, harm national interests, public interests or the legitimate interests of others.
Bidders are prohibited means to the tenderer or members of the bid evaluation committee bribery win the bid.
Article 33
The bidder shall quote bid below cost, nor to others in the name of the tender or otherwise fraudulent bid.
Chapter Four Opening
Article 34
Bid opening shall be determined in the tender documents submitted tender documents of the time off at the same time open to the public; opening place for the tender documents should be pre-determined locations.
Article 35
Who presided over the opening of the tender, invites all bidders to participate.
Article 36
When opening, the bidders or their elected representatives to check the seals of the tender documents to be commissioned notary public examination by the tenderer and notarized; after confirmation, publicly opened by the staff, read out the name of the bidder, the bid price and other major contents of the bid documents.
All tender documents before the tender in the tender documents for submission of bid documents received by the deadline, when the public bid opening shall be opened and read.
Opening process should be recorded and archived for future reference.
Chapter evaluation
Article 37
Evaluation by the evaluation committee responsible for the formation of the tender according to law.
A project legally subject to bidding, the bid evaluation committee of experts and representatives of the tenderer's technical, economic and other aspects of the composition, number of members to five or more singular, experts in technological, economic and other aspects of the total membership shall not be less than three two-thirds.
The preceding specialists in related fields should be at least eight years and in senior positions or have equivalent professional level, by the tenderer from the roster of the State Council departments or provinces, autonomous regions and municipalities to provide relevant experts or bidding agency specialist library list of experts of the relevant professional determined; ordinary projects can be chosen randomly, special projects, can be directly determined by the tenderer.
With bidders interested person shall enter the bid evaluation committee related projects; has entered shall be replaced.
List of members of the bid evaluation committee before the bidding result shall be confidential.
Article 38
Tenderer shall take the necessary measures to ensure that the evaluation under strict secrecy.
Any unit or individual may illegally interfere or affect the bid evaluation process and results.
Article 39
The bid evaluation committee may require bidders to bid documents whose meaning is not clear content to make necessary clarifications or explanations, clarifications or explanations may not exceed the scope of the bid documents or change the substantive content of the tender documents.
Article 40
Bid evaluation committee shall in accordance with the evaluation criteria and methods of determining the tender documents, tender documents for review and comparison; has a base, the base price should refer to. After completion of the bid evaluation committee evaluation, it shall submit a written report to the tenderer and recommend the qualified candidate winning bidders.
Tenderer winning bidder is determined based on the bid evaluation committee submitted a written evaluation report and recommendation of the winning candidate. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder.
State Department special provisions for specific bidding project shall prevail.
Article 41
The successful bidder shall meet the following conditions:
(A) be able to satisfy all the comprehensive evaluation criteria specified in the tender documents;
(Ii) to meet the substantive requirements of the tender documents, evaluation of tenders and by the lowest price; but bid prices below cost.
Article 42
The bid evaluation committee that none of the bids meet the requirements of the tender documents, may reject all bids.
All bids must be carried out according to the law project tender was rejected, the tender should be re-tendered in accordance with this Law.
Article 43
Before the determination of the winning bidder, the tender shall not bidders on substantive contents price or bidding plan negotiations.
Article 44
Members of the bid evaluation committee shall objectively and impartially perform their duties, abide by professional ethics, to take personal responsibility for their evaluation comments made right.
Bid evaluation committee members shall not privately contact with bidders, bidders shall not accept property or other benefits.
Members of the bid evaluation committee and the relevant staff involved in the evaluation of the tender documents shall not be disclosed to the evaluation and comparison, the recommended bid winner candidates and other circumstances related to bid assessment.
Article 45
After the winning bidder is determined, the winning tenderer shall send a notice to the winner, and at the same time inform all the successful results of the successful bidder.
Notification of award of the tender and the winning bidder has the force of law. After winning notice is issued, the tenderer alters the bidding result or the winning bidder waives the winning project shall bear legal liability.
Article 46
Within thirty days from the tender and the winning bidder shall bid notice given day, enter into a written contract in accordance with the tender documents and the winning bidder of the tender documents. The tender and the winning bidder conclude contrary to the substantive content of other agreements and no further.
Tender documents require the winning bidder to submit a performance bond, the winning bidder shall be submitted.
Article 47
Legally requires the invitation of the project, the tenderer shall determine the winning bidder within fifteen days from the date of submission of the tender to the relevant administrative supervision department of the written report.
Article 48
The winning bidder shall fulfill their obligations according to the contract, the successful completion of the project. The winning bidder may not transfer the winning project to others, nor will the winning project after dismemberment transfer to others, respectively.
The winning bidder in accordance with the contract or the consent of the tenderer, the main part of the non-winning project, and critical work can be subcontracted to others is completed. The subcontractors shall have appropriate qualifications, and may not subcontract.
Winning bidder shall be responsible for the project subcontracted to the tenderer, accepting subcontractors who subcontracted the project jointly and severally liable.
Chapter VI Liability
Article 49
Project violation of this law must be tender but not tender, will have to tender the project several small parts or otherwise avoid the tender, shall be imposed at the project contract amount can be not less than 5 micrometer Tenth be imposed; completely or partly state-owned funds of the project, project implementation may be suspended or suspend disbursement of funds; officer directly responsible and other persons directly responsible shall be punished.
Article 50
Bidding agency, in violation of this Law, disclosure of information and the bidding conditions and related activities should be kept confidential, or the tender, the bidder collusion harm national interests, public interests or the lawful rights and interests of more than 50,000 yuan two fine of $ 150,000 or less, the person in charge directly responsible and other directly responsible personnel at the five percent penalty on the amount exceeding 10 per cent of the fine; the illegal gains, shall be confiscated; serious cases suspended or even canceled bidding agent qualification; constitutes a crime, be held criminally responsible. Causes losses to others, shall be liable for compensation.
Acts listed in the preceding paragraph affects the bidding result, the bid invalid.
Article 51
Tenderer unreasonably restrict or exclude potential bidders, discriminate against potential bidders, mandatory for bidders to form a consortium to jointly bid, or restrict competition among bidders, ordered to make corrections, you can place a yuan fine of 50,000 yuan.
Article 52
Tenderer legally requires the invitation of the project has been revealed to others to obtain the tender documents of potential bidders name, number, or may affect other circumstances of the bidding fair competition, or disclosure base price, given a warning and may impose a a fine of 100,000 yuan yuan; executives directly responsible and other persons directly responsible shall be given sanctions; constitutes a crime, be held criminally responsible.
Acts listed in the preceding paragraph affects the bidding result, the bid invalid.
Article 53
Bidders collude with the tenderer or tender bid-rigging, for bidders to tender to the bid evaluation committee or members of bribery win the bid, the bid invalid, the bidder shall be fined not less than 5 per thousand or less five percent of executives directly responsible and other directly responsible personnel at more than ten percent of the unit amount of the fine imposed; the illegal income, shall be confiscated; if the circumstances are serious, cancel its year to legally requires the invitation to participate in the project bidding qualifications and make an announcement within two years, until revoked by the administrative department for industry and commerce business license; constitute a crime, be held criminally responsible. Causes losses to others, shall be liable for compensation.
Article 54
Bidders bid on behalf of others or otherwise fraudulent bid, the bid invalid, causing losses to the tenderer, liability according to law; constitute a crime, be held criminally responsible.
Bidder legally requires the invitation of the project are the acts listed in the preceding paragraph does not constitute a crime, the bidder shall be fined more than 1% of the unit directly in charge and other directly responsible personnel units fines more than five percent to 10 percent of the fine; the illegal gains, shall be confiscated; if the circumstances are serious, cancel their participation in the one to three years subject to bidding and tendering for projects to be announcement, revoke its business license from the administrative department for industry and commerce.
Article 55
A project legally subject to bidding, bids violates the provisions of this Law, with bidders on substantive contents price or bidding plan negotiations, given a warning and executives directly responsible and other persons directly responsible shall be punished.
Acts listed in the preceding paragraph affects the bidding result, the bid invalid.
Article 56
Members of the bid evaluation committee accepts property or other benefits, members of the bid evaluation committee or relevant staff participating in the evaluation discloses to another person on the evaluation and comparison of tender documents, the successful candidate recommendation and other circumstances related to bid assessment given a warning, confiscation of property accepted, and may impose a fine of three thousand yuan more than 50,000 yuan, the member of the offenses listed in the bid evaluation committee disqualified as a member of the bid evaluation committee, shall not participate in any required by law bid evaluation project bidding; constitutes a crime, be held criminally responsible.
Article 57
People determine the winning bidder in the tender evaluation committee outside the law recommended by the successful candidate, it shall be subject to bidding on their own items to determine the winning bidder after all bids have been rejected the bid evaluation committee, the bid invalid. Ordered to correct, can the bidder shall fine not less than 5 per thousand or less; executives directly responsible and other persons directly responsible shall be punished.
Article 58
The winning bidder will be the successful transfer of the project to others, after the transfer of the winning projects were dismembered to others, in violation of this provision will be part of the main body of the winning project, critical work subcontracted to others, or subcontractor subcontracting again, transfer, subcontracting invalid, transfer place, the amount of fine subcontracted more than 1% or less; the illegal gains confiscated illegal gains; may be ordered to suspend business for rectification; the circumstances are serious, the industry and commerce administration shall revoke his business license.
Article 59
Tenderer and a winning bidder fail to conclude a contract in accordance with the tender documents and the winning bidder of the tender documents or tenderer winning bidder conclude contrary to the substantial contents of the contract, ordered to make corrections; can bid amount at item 0.5 per micrometer Tenth fine.
Article 60
Winning bidder fails to fulfill the contract with the tenderer's performance bond shall not be returned, the loss caused to the tenderer exceeds the performance bond amount should also be compensated for the excess; did not submit a performance bond shall bear the tender's loss liability.
The winning bidder fails to perform according to the contract with the tenderer's obligations, the more serious circumstances, to cancel their participation in the invitation to tender for two to five years, according to the law must be bidding for projects and make an announcement until revoked by the administrative department for industry and commerce business license.
Due to force majeure is unable to perform the contract, the former two paragraphs shall not apply.
Article 61
Administrative Punishment Chapter shall be decided by the relevant administrative supervision department of the State Council. Law has made provision for organs to implement the administrative penalty is excluded.
Article 62
Any violation of this Law, restrict or exclude the region, legal persons or other organizations of the system other than to participate in the tender, the bidding agency designated for the tenderer, the mandatory tender bidding agency entrusted to handle the tender, or otherwise interfering with the bidding activity, ordered to make corrections; executives directly responsible and other persons directly responsible shall be given a warning, demerits, demerits punishment, the circumstances are serious, shall be demoted, dismissed or expulsion.
Personal use of authority to commit any illegal acts, in accordance with the preceding paragraph shall be held accountable.
Article 63
Staff of state organs bidding activities according to law has administrative oversight responsibilities favoritism, abuse of power or neglect their duties, constitutes a crime, shall be investigated for criminal responsibility; not constitute a crime, shall be given administrative sanctions.
Article 64
Legally requires the invitation of the project in violation of this law, the bid invalid, it shall re-determine the winning bidder in accordance with the provisions of this Law the conditions of the bid from among other bidders or re-tendering in accordance with this Law.
Chapter VII Supplementary Provisions
Article 65
Bidder or another interested party considers bidding activity does not comply with the relevant provisions of this Law, the right to raise objections to the tender in accordance with law or a complaint to the relevant administrative supervision department.
Article 66
Involving national security and state secrets, disaster relief or the use of poverty alleviation funds belonging, migrant workers need to use other special circumstances involving the bidding of the project, in accordance with relevant state regulations may not be tender.
Article 67
The use of international organizations or foreign governments project loans, aid funds tender, lenders, capital providers bidding for specific conditions and procedures have different provisions, provisions may be applied, except violate the public interest of the People's Republic of China .
Article 68
This Law shall go into effect January 1, 2000.
2 dual nature
State as the market regulators to enact legislation to regulate the market for granted, which is the "Tendering" the fundamental purpose and basic nature.
However, "Tendering" as well as its special nature, failing that, some provisions are difficult from the legal understandable. For example, the "Tendering" Article 16 states:
"A tenderer who adopts the public tender method shall issue a tender announcement. Legally subject to bidding project tenders, it should be specified by national newspapers, information networks or media release.
Which have violated the suspect business autonomy. In addition, the "Tendering" canceled the original proposed standard way, which although people generally applauded, but also need to understand where fortunately, otherwise infringement.
In fact, the "Bidding" has its own range applies. Article III must be bidding projects into three categories:
Public interest and a large infrastructure, public utilities, public safety projects;
2, completely or partly state-owned or state financing of capital investment projects;
3, the use of international organizations or foreign government loans, aid funds.
This focuses on three types of category 2, the state investment projects. In addition, according to China's actual situation, Type 1 and Type 3 project is also the state as most investors. This determines the "Tendering" special property that "Bidding" is also the state as the main law governing investment provisions of its specific agent's actions. This special nature "Tendering" in the second paragraph of Article 60 reflected through obvious, which states:
"The winning bidder fails to perform according to the contract with the tenderer's obligations, more serious circumstances, to cancel their participation in the invitation to tender for two to five years, according to the law must be bidding for projects and make an announcement until revoked by the administrative department for industry and commerce business license. "
Must tender the project compared with other projects are so different, purely because the Department of "Tendering" specific nature of the applicable items and "Tendering" special nature due. Nonperformance of the contract a civil behavior in the breach, which should bear civil liability for breach of people, the first paragraph of Article 60 is about the civil liability provisions of this, but the second paragraph of Article 60 can be canceled in breach invitation to tender on the project subject to tender, unless the investment from the state as the main point of understanding, would be difficult to say that this provision consistent with the principles of civil law.
For the same reason, the second paragraph of Article 60 also states may be revoked by the administrative department for industry and commerce business license defaulter, certainly since the "Tendering" awarded the same time as the system of national regulators and market the project this double identity of investors caused confusion caused, not necessarily in line with jurisprudence. Simply put, the state can not play at the same time when the referee, the second paragraph of Article 60 of this provision have this suspicion.
State as investors in the form of a legal framework and specific acts of the agent, in essence embodies the country as an investment subject of self-restraint. It can be said that the essence of "Tendering" special nature lies.
Understand the "Tendering" special nature, in accordance with the aforementioned decision of whether legal construction tender must set the base price for all the tenderer is questionable, because the "Tendering" also did not expressly state as investors have been granted the tenderer this power, the state as an investment body which can at any time giving or receipt of such powers. The reasonableness of the State giving or receipt of this power, I think, and whether or not reflecting the state of self-restraint as investors closely related to rationality. This still have to examine the combined base price.
3 scope of the tender
"Tendering" Article III "in the territory of People's Republic of China following construction projects including procurement of project survey, design, message duration, supervision and engineering and construction-related important equipment, materials, etc., to tender: relationship between the public interest (1) large-scale infrastructure, public utilities, public safety projects; (2) wholly or partly state-owned funds or financed by the State; (3) the use of international organizations or foreign government loans, aid funds project specific scope and scale of standard items listed in the foregoing, the development department of the State Council in conjunction with relevant departments to formulate, being approved by the State Council or the State Council must be legal tender range of other projects have provided, in accordance with its provisions. "
To be seen from the mandatory scope of the tender "Tendering" provides the main focus on "construction project", but the whole process of bidding construction projects, ranging from survey, design, construction, supervision to the device, procurement of materials. Engineering survey, refers to the identification of the topography of the Project construction site, soil soil, lithology, geological structure, hydrological conditions and a variety of natural geological phenomenon for measuring, mapping, testing, observation, geological survey, exploration, testing , identification, research and comprehensive evaluation. Engineering design, refers to the preliminary design and construction drawing design conducted before the formal construction, design and technology and lack of experience in technical projects undertaken. Construction, construction activities means a building according to the design specifications and requirements. Project Management, referring to the owners to hire supervisory units of the building activities of the project advisory, consultancy, supervision, and the owners and third parties for the implementation of various projects signed contract fulfillment process, handed over their management responsibility, legal reason for construction projects as the focus of mandatory tender, because of the problems of the current construction field occurred more, resulting in a bad influence among the people. One very important reason is poor implementation of the bidding procedures are not standardized, thus the breeding ground for corruption. According to an investigation in the construction project, select the survey, design, supervision units take possession of the manner specified proportion; equipment, materials procurement is only part of the tender, and the rest by the owner or the contractor direct procurement; construction sectors although most take the form of bidding, but many are not in strict accordance with the "open, fair and just" principle. Therefore, the implementation of standardized bidding system, it is very urgent. Beginning in 1998, the state has increased investment and accelerate infrastructure construction, in order to boost sustainable growth of the national economy. In this situation, improve capital efficiency, ensure the quality, but also become a top priority. Therefore, the development of "Tendering", will be included in the scope of construction projects, it is the general trend, the trend. Based on consideration of funding source and nature of the project, the law will force the bidding of the project is defined as the following:
I. large infrastructure, public utilities and other public interest and public safety projects.
This is a requirement for the nature of the project made. Generally speaking, the so-called infrastructure refers to the basic conditions for the national economy, the manufacturing process can be divided into productive infrastructure and social infrastructure. The former refers to the direct provision of facilities for the production process of the national economy, which refers indirectly to the economy of the production process to provide facilities. Typically infrastructure including energy, transport, telecommunications, water conservancy, urban facilities, environmental protection facilities and resources. The so-called public utilities, public service has the means to adapt to the production and use of living needs and provide, such as water, electricity, heating, gas, science and technology, education, culture, sports, health, social welfare and so on. From the world situation, due to large-scale infrastructure and utility projects large amount of investment, long construction period, basically the main state investment, especially public utilities projects, the state investment is accounted for the absolute proportion. From the nature of the project, said the infrastructure and utilities projects mostly involve public interest and public safety, in order to ensure project quality, to protect lives and property of citizens, governments generally requires the development of relevant laws. Except as otherwise provided by law.
II. All or part of state-owned or state financing of capital investment projects.
This is the source of funds for the provision made. State funds, refers to the state financial funds (including budget and extrabudgetary funds), government agencies, state-owned enterprises and institutions of its own funds. Among them, the state-owned enterprises refer people owned enterprises, state-owned companies and state holding enterprises, state-owned holding enterprises, including state-owned capital accounts for more than 50% of total corporate capital of companies and less than 50%, but the state-owned assets investor essentially has control enterprise. All projects have a sound financial investment refers to all state-owned funds (regardless of its size in the proportion of total investment) carried out construction projects. Construction projects financed by the State, refers to the use of construction projects by the national government to fulfill domestic borrowing bonds or sovereign debt to foreign governments and international institutions spiny funds raised performed.