Today is 2020-05-30 Saturday,Welcome to this site 

Law

Government procurement regulations

Bidding law of the People's Republic of China

Word:[Big][Middle][Small] QR Code 2017/10/24     Viewed:    

Chapter I general provisions

Article 1 this law is formulated with a view to standardizing tender and bid activities, protecting the state interests, the public interests and the legitimate rights and interests of the parties to tender and bid activities, improving economic returns and ensuring the quality of projects.

Article 2 this law shall apply to tender and bid activities conducted 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 the survey, design, construction and supervision of the projects, as well as the procurement of important equipment and materials related to the project construction, must be subject to tender:

(1) large-scale infrastructure facilities, public utilities and other projects that are related to social and public interests and public safety;

(2) projects invested in whole or in part with state-owned funds or financed by the state;

Projects using loans or aid funds from international organizations or foreign governments.

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

Where laws or the state council have provisions on the scope of other projects subject to tender, such provisions shall prevail.

Article 4 no unit or individual may break up a project subject to tender according to law into parts or evade tender by any other means.

Article 5 bidding and tendering activities shall follow the principles of openness, fairness, impartiality and good faith.

Article 6 the bidding and tendering activities of projects subject to tender according to law shall not be restricted by regions or departments.No entity or individual may illegally restrict or exclude legal persons or other organizations from their respective regions or systems from participating in bidding, and may not illegally interfere in bidding and tendering activities in any way.

Article 7 tender and bid activities and the parties thereto shall be subject to supervision implemented in accordance with law.

Relevant administrative supervision departments shall exercise supervision over tender and bid activities according to law, and investigate and deal with illegal ACTS in tender and bid activities according to law.

The administrative supervision of bid and bid activities and the specific functions and powers of the departments concerned shall be prescribed by the state council.

Chapter ii bidding

Article 8 a tenderer shall be a legal person or other organization that proposes a project subject to tender or conducts tender in accordance with the provisions of this law.

Article 9 if a project subject to tender needs to go through the examination and approval procedures in accordance with the relevant provisions of the state, it shall go through the examination and approval procedures first and obtain approval.

The tenderer shall have the corresponding funds or sources of funds for the project subject to tender, which shall be truthfully stated in the tender documents.

Article 10 bidding shall be divided into public bidding and invitational bidding.

"Public bidding" means that a tenderer invites unspecified legal persons or other organizations to submit their bids by way of a tender announcement.

"Invitation to tender" means that a tenderer invites specific legal persons or other organizations to submit bids in the form of an invitation to tender.

Article 11 where key state projects designated by the department of development planning under the state council or key local projects designated by the people's governments of provinces, autonomous regions or municipalities directly under the central government are not suitable for public bidding, invitation to tender may be conducted with the approval of the department of development planning under the state council or the people's governments of provinces, autonomous regions or municipalities directly under the central government.

Article 12 a tenderer shall have the right to choose a tendering agency on his own and entrust it to handle the tender matters.No unit or individual may designate a tendering agency for a tenderer by any means.

If a tenderer has the ability to prepare bidding documents and organize bid evaluation, he may conduct the bidding by himself.No entity or individual may compel it to entrust a bidding agency to handle the bidding matters.

For a project subject to tender according to law, if the tenderer conducts the tender on his own, he shall file the matter with the relevant administrative supervision department.

Article 13 a bid invitation agency is a social intermediary organization established according to law to engage in bid invitation agency business and provide relevant services.

A bid invitation agency shall meet the following requirements:

(1) having a business place and corresponding funds to engage in the procuratorial bidding business;

(2) having the corresponding professional forces capable of compiling bidding documents and organizing bid evaluation;

(3) having a database of technical and economic experts qualified for selection as members of the bid assessment committee as provided for in paragraph 3 of article 37 of this law.

Article 14 the qualifications of tendering agencies engaged in the business of tendering agencies for construction projects shall be determined by the state council or the competent construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government.The specific measures shall be formulated by the administrative department of construction under the state council in conjunction with the relevant departments under the state council.For a bid invitation agency engaged in other business of bid invitation agency, the competent department for determining its qualifications shall be prescribed by the state council.

A bid invitation agency may not have any subordinate relationship or other interest relationship with an administrative organ or other state organ.

Article 15 a bid invitation agency shall handle the bidding within the scope entrusted by the tenderer and abide by the provisions of this law on tenderers.

Article 16 where a tenderer adopts the mode of public bidding, he shall issue a tender announcement.A tender announcement for a project subject to tender according to law shall be published through a newspaper, information network or other media designated by the state.

The tender announcement shall state clearly the name and address of the tenderer, the nature and quantity of the project subject to tender, the place and time of implementation and the method of obtaining the tender documents.

Article 17 where a tenderer adopts the method of invitation to tender, he shall issue an invitation to bid to three or more specific legal persons or other organizations capable of undertaking the project subject to tender and having good credit standing.

The invitation for bid shall specify the matters specified in paragraph 2 of article 16 of this law.

Article 18 a tenderer may, in accordance with the requirements of the project subject to tender, request potential bidders to provide relevant qualification certificates and performance information in the tender announcement or invitation for bids, and conduct qualification examination of potential bidders;Where the state has provisions on the qualifications of bidders, such provisions shall prevail.

A tenderer may not restrict or exclude potential bidders with unreasonable conditions, nor may he discriminate against potential bidders.

Article 19 a tenderer shall, in accordance with the characteristics and needs of the project subject to tender, prepare the tender documents.The tender documents shall include all substantive requirements and conditions such as the technical requirements of the project subject to tender, the standards for examination of the qualifications of bidders, the requirements for bid quotation and the standards for bid evaluation, as well as the main provisions of the proposed contract.

Where the state has provisions on the technologies and standards of the project subject to tender, the tenderer shall, in accordance with such provisions, put forward corresponding requirements in the tender documents.

Where a project subject to tender needs to be divided into bid segments or to determine the time limit for construction, the tenderer shall reasonably divide the bid segments and determine the time limit for construction and shall state it clearly in the tender documents.

Article 20 the tender documents shall not require or indicate specific producers and suppliers or contain any other contents that tend to or exclude potential bidders.

Article 21 a tenderer may, in light of the specific conditions of the project subject to tender, organize potential bidders to survey the site of the project.

Article 22 a tenderer shall not disclose to any other person the name and number of potential bidders who have obtained the bidding documents and other information concerning bidding and tendering that may affect fair competition.

Where the tenderer has a pre-tender estimate, the pre-tender estimate must be kept confidential.

Article 23 a tenderer who makes necessary clarifications or amendments to the tender documents issued shall notify all the recipients of the tender documents in writing at least 15 days before the deadline for submission of tender documents required by the tender documents.The clarification or modification shall be an integral part of the bidding documents.

Article 24 a tenderer shall determine a reasonable time for bidders to prepare their bid documents;However, for a project subject to tender according to law, the minimum period from the date when the tender documents are issued to the deadline for bidders to submit the tender documents shall not be less than 20 days.

Chapter iii bidding

Article 25 a bidder means a legal person or any other organization that responds to a tender or participates in bid competition.

If individuals are allowed to participate in bidding for scientific research projects subject to tender according to law, the provisions of this law concerning bidders shall apply to individuals bidding.

Article 26 a bidder shall have the ability to undertake the project subject to tender;Where the relevant provisions of the state have provisions on the qualifications of bidders or the bidding documents, bidders shall have the prescribed qualifications.

Article 27 a bidder shall prepare his tender documents in accordance with the requirements of the tender documents.The tender documents shall respond to the substantive requirements and conditions put forward in the tender documents.

If the project subject to tender is a construction project, the contents of the bidding documents shall include the resumes and achievements of the project leaders and key technical personnel to be dispatched and the machinery and equipment to be used to complete the project subject to tender.

Article 28 a bidder shall deliver his or her tender documents to the place of bid before the deadline for submission as required in the tender documents.After receiving the bid documents, the tenderer shall sign and keep them, and shall not open them.If there are fewer than three bidders, the tenderer shall conduct a new tender in accordance with this law.

The tenderer shall reject the tender documents served after the deadline for submission of the tender documents required by the tender documents.

Article 29 a bidder may supplement, modify or withdraw the submitted bid documents before the deadline for submission of bid documents required by the tender documents, and notify the tenderer in writing.The supplementary and modified contents shall be an integral part of the bidding documents.

Article 30 a bidder who, according to the actual conditions of the project specified in the bidding documents, intends to subcontract part of the winning project, which is not the main body or the key work, after winning the bid shall specify it in the bidding documents.

Article 31 two or more legal persons or other organizations may form a consortium to submit their bids together as one bidder.

Each party to the consortium shall have the corresponding capacity to undertake the project subject to tender;If the relevant state provisions or tender documents have provisions on the qualifications of bidders, all parties to the consortium shall have the corresponding qualifications as stipulated.If a consortium consists of units of the same profession, the qualification level shall be determined according to the unit with lower qualification level.

The parties to the consortium shall sign a joint bidding agreement, specify the work and responsibilities to be undertaken by the parties, and submit the joint bidding agreement together with the bidding documents to the tenderer.If the consortium wins the bid, the parties to the consortium shall jointly sign a contract with the tenderer and assume joint and several liability to the tenderer for the winning project.

A tenderer may not force bidders to form a consortium to submit a joint bid or restrict competition among bidders.

Article 32 bidders may not collude with each other in bidding quotations, exclude fair competition by other bidders, or impair the lawful rights and interests of tenderers or other bidders.

A bidder may not collude with a tenderer in bidding, thereby harming the interests of the state, the public interest or the legitimate rights and interests of others.

Bidders are prohibited from offering bribes to the tenderer or a member of the bid evaluation committee in order to win the bid.

Article 33 a bidder may not bid for a bid with a quotation lower than the cost, nor may he submit a bid in the name of another person, or resort to any other form of fraud to obtain the winning bid.

Chapter iv bid opening, bid evaluation and winning

Article 34 bid opening shall be open at the same time as the deadline for submission of bid documents set in the tender documents;The place of bid opening shall be the place pre-determined in the bidding documents.

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

Article 36 at the time of bid opening, the sealing of bid documents shall be checked by the bidder or the representative chosen by him or her, and may also be checked and notarized by a notarial office entrusted by the tenderer;After confirmation, the staff shall open the seals in public and read out the names of bidders, bid prices and other main contents of the bid documents.

All bid documents received by the tenderer before the deadline for submission of bid documents as required by the tender documents shall be opened and read out in public at the time of bid opening.

The bid opening process shall be recorded and archived for future reference.

Article 37 the bid assessment committee established by the tenderer in accordance with law shall be responsible for bid assessment.

For a project subject to tender according to law, the bid assessment committee shall be composed of representatives of the tenderer and experts in the relevant technical and economic fields. The number of members shall be an odd number of more than five, among which the experts in the technical and economic fields shall not be less than two-thirds of the total number of members.

The experts mentioned in the preceding paragraph shall have been engaged in relevant fields for at least eight years and shall have senior professional titles or the same professional level.General bidding projects may be selected randomly, and special bidding projects may be determined directly by the tenderer.

No person who has an interest in a bidder may enter the bid assessment committee of the relevant project;Already entered should be replaced.

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

Article 38 a tenderer shall take necessary measures to ensure that bid evaluation shall be conducted in strict confidentiality.

No unit or individual may illegally interfere with or influence the process and result of bid evaluation.

Article 39 a bid assessment committee may require a bidder to make necessary clarifications or explanations of the unclear contents of the bid documents, but the clarifications or explanations shall not go beyond the scope of the bid documents or change the substantive contents of the bid documents.

Article 40 the bid assessment committee shall evaluate and compare the bid documents in accordance with the bid assessment standards and methods specified in the bidding documents;Where there is a pre-tender estimate, the pre-tender estimate shall be referred to.After the bid evaluation committee completes the bid evaluation, it shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid.

The winning bidder shall be determined by the tenderer on the basis of the written bid assessment report submitted by the bid assessment committee and the winning candidate recommended by the bid assessment committee.The tenderer may also authorize the bid assessment committee to directly determine the winning bidder.

Where the state council has special provisions on bid evaluation of a particular project subject to tender, such provisions shall prevail.

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

(1) to be able to meet the comprehensive evaluation standards stipulated in the bidding documents to the maximum extent;

(2) being able to meet the substantive requirements of the tender documents and having the lowest bid price after evaluation;Except where the bid price is lower than the cost.

Article 42. If the bid assessment committee, after assessment, considers that all the bids do not meet the requirements of the bidding documents, it may reject all the bids.

If all the bids for a project subject to tender according to law are rejected, the tenderer shall conduct a new tender in accordance with this law.

Article 43 before determining the winning bidder, the tenderer may not negotiate with a bidder on the bid price, bid plan or other substantive contents.

Article 44 members of the bid assessment committees shall perform their duties objectively and impartially, observe professional ethics and assume personal responsibility for the evaluation opinions.

No member of the bid assessment committee may contact bidders in private or accept money or other benefits from bidders.

The members of the bid assessment committees and the relevant working personnel participating in the bid assessment shall not disclose the assessment and comparison of bid documents, the recommendation of the winning candidates and other information related to the bid assessment.

Article 45 after the winning bidder is determined, the tenderer shall issue a bid-winning notice to the winning bidder and simultaneously notify all unsuccessful bidders of the bid-winning result.

The bid-winning notice shall have legal effect on the tenderer and the winning bidder.After the bid-winning notice is issued, if the tenderer changes the bid-winning result, or if the winning bidder abandons the bid-winning project, he shall bear legal responsibility according to law.

Article 46 a tenderer and a winning bidder shall, within 30 days after the issuance of the bid-winning notice, conclude a written contract in accordance with the bidding documents and the bid documents of the winning bidder.The tenderer and the winning bidder may not enter into any other agreement that deviates from the substantial content of the contract.

If the bid invitation documents require the winning bidder to submit the performance bond, the winning bidder shall submit it.

Article 47 for a project subject to tender according to law, the tenderer shall, within 15 days from the date of determining the winning bidder, submit a written report on the bidding and tendering situation to the relevant administrative supervision department.

Article 48 a winning bidder shall fulfill his obligations and complete the winning project in accordance with the contract.The winning bidder may not transfer the winning project to others, nor may he divide the winning project into parts and transfer them to others separately.

The winning bidder may, in accordance with the provisions of the contract or with the consent of the tenderer, subcontract to others part of the winning project that is not the main body or key work.The person accepting the subcontract shall have the corresponding qualification conditions and shall not subcontract again.

The winning bidder shall be responsible to the tenderer for the subcontracted projects, and the persons accepting the subcontracted projects shall be jointly and severally liable.

Chapter v legal liability

Article 49 where, in violation of the provisions of this law, a project subject to tender is not subject to tender, if the project subject to tender is broken up into parts or otherwise evadable from tender, it shall be ordered to make corrections within a time limit and may be imposed a fine of not less than 0.5 per cent but not more than 10 per cent of the contract value of the project;For projects that use all or part of state-owned funds, the execution of the projects or the allocation of funds may be suspended;The person-in-charge directly responsible and other directly responsible persons of the unit shall be given sanctions according to law.

Article 50 the procuratorial agency, in violation of the provisions of this law, leak of confidential information and data related to tender and bid activities, or with the tenderer, bidder collusion harm the state interests, public interests or the lawful rights and interests of others, be fined fifty thousand yuan and two hundred and fifty thousand yuan, the person-in-charge directly responsible person in charge and other directly responsible personnel be fined fines of more than five percent ten percent;Any illegal gains, if any, shall be confiscated concurrently;If the circumstances are serious, the bid invitation agency qualification shall be suspended or even cancelled;If the case constitutes a crime, criminal responsibility shall be investigated according to law.If losses are caused to others, it shall be liable for compensation according to law.

If the ACTS listed in the preceding paragraph affect the winning bid, the winning bid shall be invalid.

Article 51 where a tenderer restricts or excludes potential bidders with unreasonable conditions, discriminates against potential bidders, forces bidders to form a consortium to submit their bids together, or restricts competition among bidders, he shall be ordered to make corrections and may be fined not less than 10,000 yuan but not more than 50,000 yuan.

Article 52 where a tenderer of a project subject to tender according to law discloses to others the name and number of potential bidders who have obtained the tender documents or other information about bidding and tendering that may affect fair competition, or divulge the pre-tender estimate, a warning shall be given and a fine of not less than 10,000 yuan but not more than 100,000 yuan may also be imposed;The person-in-charge directly responsible and other persons directly responsible of the unit shall be given sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law.

If the ACTS listed in the preceding paragraph affect the winning bid, the winning bid shall be invalid.

Article 53 bidders submit tenders in collusion with each other or collusion with the tenderer, the tenderer to the tenderers or members of the bid assessment committees for winning of bribery, successful bid is null and void, the amount of the winning project fined more than five over one thousand ten over one thousand, the person-in-charge directly responsible person in charge and other directly responsible personnel be fined fines of more than five percent ten percent;Any illegal gains, if any, shall be confiscated concurrently;If the circumstances are serious, its qualifications for bidding for projects subject to tender in accordance with law shall be cancelled for one to two years and shall be announced to the public, or even its business license shall be revoked by the administrative department for industry and commerce;If the case constitutes a crime, criminal responsibility shall be investigated according to law.If losses are caused to others, it shall be liable for compensation according to law.

Article 54 where a bidder submits his bid in the name of another person or resorts to fraud by any other means to obtain the bid, the winning bid shall be invalid and losses caused to the tenderer shall be liable for compensation according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Where a bidder of a project subject to tender according to law commits any of the ACTS specified in the preceding paragraph but has not committed a crime, he shall be fined not less than 0.5% but not more than 10% of the amount of the winning project, and the person in charge directly responsible for the project and other persons directly responsible for the project shall be fined not less than 5% but not more than 10% of the amount of the unit;Any illegal gains, if any, shall be confiscated concurrently;If the circumstances are serious, its qualifications for bidding for projects subject to tender according to law for one to three years shall be cancelled and announced, or even its business license shall be revoked by the administrative department for industry and commerce.

Article 55 where a tenderer of a project subject to tender according to law, in violation of the provisions of this law, negotiates with a bidder on such substantive contents as bid price or bid scheme, he shall be given a warning, and the person-in-charge directly responsible and other persons directly responsible of the entity shall be given sanctions according to law.

If the ACTS listed in the preceding paragraph affect the winning bid, the winning bid shall be invalid.

Article 56 of the bid assessment committee members to accept property or other benefits from any bidder, the bid assessment committee members or to participate in the evaluation of relevant staff disclosed to others for review and comparison of bid documents, the recommended candidate winning bidders and other information related to bid assessment, given a warning, confiscated the property of the receiving can be concurrently fined not more than three thousand yuan and fifty thousand yuan, for infringement of the bid assessment committee members are listed to cancel served as a member of a bid assessment committee, shall not participate in any bid assessment of projects subject to tender according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 57 if a tenderer determines the winning bidder other than the candidate for winning the bid recommended by the bid assessment committee according to law, the winning bid of a project subject to tender according to law shall be invalid if the winning bidder is determined by himself after all the bids have been rejected by the bid assessment committee.To order it to make corrections, and may impose a fine of not less than 0.5 per cent but not more than 10 per cent of the amount of the winning project;The person-in-charge directly responsible and other directly responsible persons of the unit shall be given sanctions according to law.

Article 58 the winning bidder is to transfer the winning project to others, dismembered after winning project transfer to others, respectively, in violation of the provisions of the winning project part of the main body, the key work of the subcontract to others, or made to the subcontract, transfer, subcontract is invalid, transfer, subcontract the project amount be fined more than five over one thousand ten over one thousand;Any illegal gains, if any, shall be confiscated concurrently;It may order it to stop business for rectification;If the circumstances are serious, the administrative department for industry and commerce shall revoke its business license.

Article 59 where a tenderer and a winning bidder fail to conclude a contract in accordance with the tender documents and the bid documents of the winning bidder, or where the tenderer and the winning bidder conclude an agreement that deviates from the substantial contents of the contract, the tenderer shall be ordered to make corrections;It may impose a fine of more than 0.5 per cent and less than 10 per cent of the amount of the winning project.

Article 60 if the winning bidder fails to perform the contract concluded with the tenderer, the performance bond shall not be returned, and if the loss caused to the tenderer exceeds the amount of the performance bond, the winning bidder shall compensate for the excess part;If no performance bond is provided, the tenderer shall be liable for compensation for losses suffered by the tenderer.

If the winning bidder fails to perform his obligations in accordance with the contract concluded with the tenderer, and if the circumstances are serious, he shall be disqualified from bidding for projects subject to tender according to law for two to five years and shall be publicly announced, until his business license is revoked by the administrative department for industry and commerce.

If the contract cannot be performed due to force majeure, the provisions of the preceding two paragraphs shall not apply.

Article 61 the administrative penalties prescribed in this chapter shall be decided by the relevant administrative supervision departments designated by the state council.Except where provisions have been made in this law concerning the organs that impose administrative penalties.

Article sixty-two any unit, in violation of the provisions of this law, restrict or exclude any outside the region, the system of legal persons or other organizations to participate in bidding, designate a procuratorial agency for the tenderer, forced a procuratorial agency entrusted by the tenderer, or interfere in tender and bid activities, by any other means shall be ordered to correct.The person in charge directly responsible and other persons directly responsible of the unit shall be given sanctions such as warning, demerit recording or serious demerit recording according to law; if the circumstances are relatively serious, they shall be given sanctions such as demotion, dismissal or dismissal according to law.

An individual who USES his power to commit the illegal act mentioned in the preceding paragraph shall be investigated for liability in accordance with the provisions of the preceding paragraph.

Article 63 where any functionary of a state organ who is legally responsible for administrative supervision over bid and bid activities engages in malpractices for personal gain, abuses his power or neglects his duty, if the act constitutes a crime, he shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law.

Article 64 if the winning bid of a project that must be subject to tender according to law is invalid in violation of the provisions of this law, the winning bidder shall be re-determined from among other bidders in accordance with the winning conditions provided for in this law or the winning bid shall be re-conducted in accordance with this law.

Chapter vi supplementary provisions

Article 65 if a bidder or any other interested person considers that the tendering and bidding activities are not in conformity with the relevant provisions of this law, he or she shall have the right to raise objections to the tenderer or complain to the relevant administrative supervision department according to law.

Article 66 for projects that are not suitable for tendering under special circumstances such as state security, state secrets, emergency and disaster relief, or the use of poverty-relief funds for work relief, or the use of migrant workers, no tendering may be conducted in accordance with the relevant provisions of the state.

Article 67 where a project is subject to tender with loans or aid funds from international organizations or foreign governments, and the lender or the fund provider has different provisions on specific conditions and procedures for bidding and tendering, such provisions may apply, except those that violate the social and public interests of the People's Republic of China.

Article 68 this law shall enter into force as of January 1, 2000.

August 30, 1999

Go Back
Print
0555-2233905
Mobile website