People’s Republic of China Bidding

People's Republic of China Bidding
NPC [1999-8-30]
- The Standing Committee of the Ninth National People's Congress June 29, 1999
21st Meeting

Chapter I General Provisions

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 in the territory of People's Republic of China conducted the bidding activities, 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.
Law or the State Council must be tender range of other projects have provided, in accordance with its provisions.
Article No unit or individual shall not be subject to tender the project several small parts or otherwise avoid the tender.
Article 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 tender

Article 8 A 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 10 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, we can invite tender.
Article 12 A tenderer shall have the right to choose their own tendering 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 13 A procuratorial 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 15 A procuratorial agency shall carry out the tender in the tender scope authorized, and to comply with provisions of this Law on tenderers.
Article 16 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 17 A tenderer who adopts the invitational tender, it 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; State of bidders qualifications have provided, in accordance with its provisions. A tenderer may not unreasonably restrict or exclude potential bidders shall not discriminate against potential bidders.
Article 19 A 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 20 No tender document may require a specific producer or supplier or contain other contents favoring or excluding potential bidders.
Article 21 A tenderer according to the specific circumstances of the tender, potential bidders can organize reconnaissance project site.
Article 22 A tenderer 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 A tenderer who tender documents already issued the necessary clarifications or modifications shall submit bid documents requested in the bidding documents at least as of the 15th 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, the bidder until the date of the tender documents are sent out of the submission date of the deadline for the tender documents, which shall not be less than 20 days.

Chapter III tender

Article 25 A bidder responds to a 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 A 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 A 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 A bidder in the tender documents stated the actual situation of the project, to be in after winning the part of the project excluding the main 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 A 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 A bidder may not offer bidding below cost, nor to others in the name of the tender or otherwise fraudulent bid.

Chapter Four Opening, Evaluation and Winning

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 The opening hosted by the tenderer, invite all bidders to participate.
Article 36 When opening a notary public, by the bidders or their elected representatives to check the seals of the tender documents to be commissioned by the tenderer checked and notarized; confirmed correct, opened in public by the staff, read the tender other major content's name, bid prices and 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.
Article 37 The bid 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 A 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 The 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 comply with 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,
Recommended case of successful candidates and other circumstances related to bid assessment.
Article 45 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 of the project legally subject to bidding, the tender shall determine the winning bidder within fifteen days of 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 liability law

Article 49 violation of the provisions of this Law, must tender the project without tender, will have to tender the project several small parts or otherwise avoid the tender, it shall be imposed at the project contract amount can micrometer five of a fine of not more than 1 or less; for all or part of the use of state funds for the project, may suspend implementation of the project, or suspend disbursement of funds; officer directly responsible and other persons directly responsible shall be punished.
Article 50 The bid invitation agency violates 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, at five yuan fine of $ 250,000 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 confiscated illegal the resultant; circumstances are serious, suspended or revoked 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 unreasonable conditions to restrict or exclude potential bidders, discriminate against potential bidders, mandatory for bidders to form a consortium to jointly bid, or restrict competition among bidders, and ordered correction, can 10,000 yuan more than 50,000 yuan.
Tenderer Article 52 legally requires the invitation of the project has revealed to others to obtain the tender documents of potential bidders name, number, or other circumstances that may affect fair competition related to the bidding, or disclose base price, given a warning and may impose a fine of one million yuan to 100,000 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 not less than 5 micrometer Tenth less fine, executives 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; if the circumstances are serious, canceled for one to two years, subject to bidding and tendering of the project shall be announced 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 to 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, a fine winning projects at the amount of more than 1% of the unit directly in charge and other directly responsible personnel five percent penalty on the amount exceeding 10 per cent 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.
Charge and other directly responsible Article 55 of the 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, the unit directly responsible persons shall be punished.
Acts listed in the preceding paragraph affects the bidding result, the bid invalid.
Article 56 The 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, as well as with the successful candidate recommended Review other cases related to the mark, 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 evaluation legally subject to bidding projects; constitutes a crime, be held criminally responsible.
Article 57 tenderer determine the winning bidder outside the bid evaluation committee recommended the successful candidate by law, 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, transferred to another person after the winning project were dismembered, the violation of this provision will be part of the main body of the winning project, critical work subcontracted to others, or subcontractor again subcontracting, transfer, subcontracting invalid, transferred or subcontracted project amount not less than 5 per thousand or less fine; the illegal gains confiscated illegal gains; may be ordered to suspend business for rectification; the circumstances are serious by the industrial and commercial administration to revoke its business license.
Article 59 tenderer and a winning bidder fail to conclude the tender documents and the winning bidder of the tender documents for the contract, or the tenderer, the winning bidder conclude contrary to the substantial contents of the contract, ordered to make corrections; the amount of the winning projects can micrometer a fine of more than five per thousand or less.
Article 60 If the winning bidder does not fulfill the contract with the tenderer's performance bond shall not be refunded to the tenderer loss caused by more than the amount of the performance bond, should also be compensated for the excess; did not submit a performance bond, should the tender person liable for the loss. The winning bidder fails to perform according to the contract with the tenderer's obligations, the circumstances are serious, 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 The administrative penalties prescribed in this Chapter shall be determined 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 carry out the tender or otherwise interfere 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, expelled punishment.
Personal use of authority to commit any illegal acts, in accordance with the preceding paragraph shall be held accountable.
Staff of state organs bidding activities according to law has administrative oversight responsibilities Article 63 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 of the project legally subject to bidding 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 VI Supplementary Provisions

Article 65 If a bidder or any other interested party believes that a bidding 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 relates to national security, 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 government loans, aid funds project bidding, lenders, capital providers bidding for specific conditions and procedures have different provisions, provisions may be applied, but contrary to the People's Republic of China excluding social public interests.
Article 68 This Law shall go into effect January 1, 2000.