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Law of the People's Republic of China on Tendering and Bidding

Published: 2016-08-10 10:11:06 Author: Stand edit Views: Times

Order of the President of the People's Republic of China (No. 21)

The "Tendering and Bidding Law of the People's Republic of China" was adopted by the Eleventh Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 30, 1999, and is hereby promulgated for implementation on January 1, 2000.

President of the People's Republic of China Jiang Zemin
August 30, 1999



Law of the People's Republic of China on Tendering and Bidding

Chapter I General Provisions

Article 1 This Law is formulated in order to regulate the bidding and bidding activities, protect the national interests, the public interest and the lawful rights and interests of the parties involved in bidding and bidding activities, improve economic efficiency, and ensure the quality of projects.

Article 2 This Law applies to bidding and tendering activities within the territory of the People's Republic of China.

Article 3 Bidding for the following engineering construction projects in the territory of the People's Republic of China, including the survey, design, construction, supervision of projects, and the purchase of important equipment and materials related to engineering construction, must be conducted by tender:

(1) Large-scale infrastructure, public utilities and other projects that have a bearing on social public interests and public safety;
(2) Projects wholly or partly invested with state funds or financed by the state;
(3) Projects using loans or aid funds from international organizations or foreign governments.

The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with the relevant departments of the State Council and submitted to the State Council for approval.
If the law or the State Council has provisions on the scope of other projects that must be invited for bidding, such provisions shall be followed.

Article 4 No unit or individual may reduce the number of items that must be tendered according to law to zero or evade tendering in any other way.

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

Article 6 The bidding and bidding activities of projects that are required to bid according to law shall not be restricted by regions or departments. No unit or individual may illegally restrict or exclude legal persons or other organizations outside the region or system from participating in bidding, and shall not illegally interfere in bidding activities in any way.

Article 7 Bidding and bidding activities and their parties shall be subject to supervision in accordance with law.
Relevant administrative supervision departments supervise bidding and bidding activities in accordance with law, and investigate and punish illegal acts in bidding and bidding activities in accordance with law.
The administrative supervision over bidding and bidding activities and the specific division of powers of relevant departments shall be prescribed by the State Council.

 

Chapter II Bidding

Article 8 A bid inviting party is a legal person or other organization that submits bidding projects and conducts bidding in accordance with the provisions of this Law.

Article 9 If the bid invitation project needs to perform the project approval procedures in accordance with the relevant state regulations, it shall first perform the approval procedures to obtain approval.
The bid inviting party shall have the corresponding funds or source of funds for the bidding project, and shall truthfully state it in the bidding documents.

Article 10 Bidding is divided into public bidding and invitation bidding.
Public bidding means that the tenderer invites unspecified legal persons or other organizations to submit bids in the form of tender announcements.
Invitation to invite tenders means that the tenderer invites specific legal persons or other organizations to submit bids in the form of invitations to tender.

Article 11 If the national key projects determined by the development planning department of the State Council and local key projects determined by the people's governments of provinces, autonomous regions, and municipalities are not suitable for public bidding, invitations can be made after approval by the development planning department of the State Council or the people's governments of provinces, autonomous regions, and municipalities Tender.

Article 12 The bid inviting party has the right to choose its own bidding agency and entrust it to handle bidding matters. No unit or individual may designate a bidding agency for the bidder in any way.
If the bid inviting party has the ability to prepare bidding documents and organize bid evaluation, it may handle the bidding matters on its own. No unit or individual may compel them to entrust a bidding agency to handle bidding matters.
In the case of bidding for projects that are required to be bid according to law, the bid inviting party shall handle the bidding matters on its own, and shall file a record with the relevant administrative supervision department.

Article 13 The bidding agency is a social intermediary organization established in accordance with law, engaging in bidding agency business and providing related services.
Bidding agencies should meet the following requirements:
(1) Having business premises and corresponding funds engaged in bidding agency business;
(2) Having corresponding professional strengths capable of preparing bidding documents and organizing bid evaluations;
(3) There is a technical, economic and other expert bank that meets the conditions stipulated in Article 37, paragraph 3 of this law and can be selected as a member of the bid evaluation committee.

Article 14 The qualifications of bid invitation agencies engaged in bid invitation agency business for construction projects shall be determined by the construction administrative department of the State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. The specific measures shall be formulated by the construction administrative department of the State Council in conjunction with the relevant departments of the State Council. The competent authority for the qualification of bid invitation agencies engaging in other bid invitation agencies shall be prescribed by the State Council.
Bidding agencies shall not have any affiliation or other interest relationship with administrative organs and other state organs.

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

Article 16 If the bid inviting party adopts the method of public bidding, it shall issue a bid invitation announcement. Tender announcements for projects that must be tendered according to law shall be issued through 一定牛彩票网papers, information networks or other media designated by the state.
The bid invitation announcement shall specify such matters as the name and address of the bid inviting party, the nature, quantity, place and time of the bid invitation project, and the methods for obtaining bid invitation documents.

Article 17 If the bid inviting bidder adopts the method of invitation bid invitation, it shall issue invitations to bid to three or more specific legal persons or other organizations that have the ability to undertake the bid invitation project and have good credit standing.
The invitation to bid shall contain the matters specified in Article 16 (2) of this Law.

Article 18 The bidder may, in accordance with the requirements of the bidding project itself, in the bidding announcement or bid invitation, request the potential bidder to provide relevant qualification certification documents and performance information, and conduct qualification review of the potential bidder; If there are stipulations on the qualifications, they shall be followed.
The bid inviting party shall not restrict or exclude potential bidders on unreasonable conditions, and shall not discriminate against potential bidders.

Article 19 The bid inviting party shall compile the bidding documents according to the characteristics and needs of the bidding project. The bidding documents shall include all the substantive requirements and conditions such as the technical requirements of the bidding project, the criteria for examining the qualifications of bidders, bidding quotation requirements and bid evaluation criteria, as well as the main terms of the contract to be signed.
If the state has provisions on the technology and standards for bidding projects, the bid inviting party shall put forward corresponding requirements in the bidding documents in accordance with its regulations.
If the bidding project needs to divide the bidding section and determine the construction period, the bid inviting party shall reasonably divide the bidding section and determine the construction period, which shall be specified in the bidding documents.

Article 20 The bidding documents shall not require or indicate specific production suppliers and other content containing tendencies or exclusions from potential bidders.

Article 21 The bidder may organize potential bidders to survey the project site according to the specific conditions of the bidding project.

Article 22 The bid inviting party shall not disclose to others the name and number of potential bidders who have obtained the bidding documents, and other circumstances related to bidding that may affect fair competition.
If the tenderer has a bid base, the base must be kept confidential.

Article 23 If the bid inviting party makes necessary clarifications or amendments to the issued bidding documents, it shall notify all recipients of the bidding documents in writing at least 15 days before the deadline for submission of bidding documents required by the bidding documents. The clarification or modification is an integral part of the bidding documents.

Article 24 The bid inviting party shall determine the reasonable time required for the bidder to prepare the bidding documents; however, for projects that are required to bid according to law, the shortest period shall be from the date when the bidding documents are issued to the date when the bidders submit the bidding documents. Less than twenty days.

 

Chapter III Bidding

Article 25 Bidders are legal persons or other organizations that respond to bid invitations and participate in bid competitions.
Where a scientific research project tendered according to law allows individuals to participate in the bidding, the bidding individuals shall apply the relevant provisions of this Law on bidders.

Article 26 Bidders shall have the ability to undertake bidding projects; if the relevant state regulations stipulate the qualifications of bidders or the bidding documents stipulate the qualifications of bidders, the bidders shall have the prescribed qualifications.

Article 27 Bidders shall prepare bid documents in accordance with the requirements of the bid invitation documents. The bidding documents shall respond to the substantive requirements and conditions raised in the bidding documents.
If the bidding project belongs to construction, the content of the bidding documents shall include the resumes, performances of the project leader and main technical personnel to be dispatched, and machinery and equipment intended to complete the bidding project.

Article 28 The bidder shall deliver the bidding documents to the bidding place before the deadline for submission of bidding documents required by the bidding documents. After receiving the bidding documents, the bid inviting party shall sign for receipt and keep it, and shall not open it. If there are less than three bidders, the bid inviting party shall re-bid in accordance with this Law.
Bidding documents delivered after the deadline for submission of bid documents as required by the bidding documents shall be rejected by the bid inviting party.

Article 29 Before the deadline for submission of bidding documents required by bidding documents, bidders may supplement, modify or withdraw the submitted bidding documents and notify the bidder in writing. The supplementary and revised contents are part of the bidding documents.

Article 30 According to the actual situation of the project specified in the bidding documents, the bidder intends to subcontract part of the non-principal and non-critical work of the winning project after winning the bid, which shall be specified in the bidding document.

Article 31 Two or more legal persons or other organizations may form a consortium and jointly bid as one bidder.
All parties to the consortium shall have the corresponding ability to undertake bidding projects; if relevant national regulations or bidding documents have stipulated the qualifications of bidders, all parties to the consortium shall have the prescribed corresponding qualifications. For a consortium composed of units of the same specialty, the qualification level is determined according to the unit with a lower qualification level.
The parties to the consortium shall sign a joint bidding agreement, clearly specifying the work and responsibilities to be undertaken by the parties, and submit the common 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 bid inviting party and bear joint and several liability to the bid inviting party for the winning project.
The bid inviting party shall not force the bidders to form a consortium to bid together, and shall not restrict competition among the bidders.

Article 32 Bidders shall not collude with each other in bidding quotes, shall not exclude fair competition from other bidders, and damage the legal rights and interests of the bidder or other bidders.
Bidders shall not collude with bidders to bid in order to harm national interests, social public interests or the legitimate rights and interests of others.
Bidders are forbidden to seek a winning bid by bribing the bidder or members of the bid evaluation committee.

Article 33 Bidders shall not bid with bids lower than the cost, nor may they bid in the name of others or falsify in any other way to deceive the bidder.

 

Chapter IV Bid Opening, Evaluation and Winning

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

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

Article 36 When the bid is opened, the bidder or the representative selected by him or her shall check the sealing of the bidding documents, or may be checked and notarized by a notary agency commissioned by the bidder; after confirmation, the staff shall open the seal in public and read the bid. Name of the person, bid price and other main content of the bid document.
All bidding documents received by the bid inviting party before the deadline for submission of bidding documents for bidding documents shall be opened and read out in public when the bid is opened.
The bid opening process shall be recorded and archived for future reference.

Article 37 The bid evaluation shall be conducted by the bid evaluation committee established by the tenderer in accordance with the law.
For bidding projects that are required by law, the bid evaluation committee is composed of representatives of the bidders and relevant technical and economic experts. The number of members is a singular number of five or more. Among them, the technical and economic experts must not be less than three members. Two-thirds.
The experts in the preceding paragraph shall have been engaged in related fields for eight years and have a senior title or equivalent professional level. The relevant professional experts are determined in the list of experts; general tendering projects can be randomly selected, and special tendering projects can be directly determined by the tenderer.
Those who have a stake in the bidder shall not enter the bid evaluation committee of the relevant project; those who have already entered shall be replaced.
The list of members of the bid evaluation committee shall be kept secret until the bidding result is determined.

Article 38 The bid inviting party shall take necessary measures to ensure that the bid evaluation is carried out under strict confidentiality.
No unit or individual may illegally interfere with or influence the process and result of bid evaluation.

Article 39 The bid evaluation committee may require the bidder to make necessary clarifications or explanations on the meaning of the ambiguous content in the bidding documents, but the clarifications or explanations shall not exceed the scope of the bidding documents or change the substantial content of the bidding documents.

Article 40 The bid evaluation committee shall evaluate and compare the bid documents in accordance with the bid evaluation criteria and methods determined in the bid invitation documents; if a bid base is set, reference shall be made to the bid base. After the bid evaluation committee has completed the bid evaluation, it shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for the bid.
The bid inviting party shall determine the winning bidder based on the written bid evaluation report and the recommended winning bidder proposed by the bid evaluation committee. The tenderer may also authorize the bid evaluation committee to directly determine the successful bidder.
If the State Council has special provisions on the evaluation of specific bidding projects, such provisions shall prevail.

Article 41 The bid of the successful bidder shall meet one of the following conditions:
(1) It can fully meet the comprehensive evaluation standards stipulated in the bidding documents;
(2) It can meet the substantive requirements of the bidding documents, and the evaluated bidding price is the lowest; except that the bidding price is lower than the cost.

Article 42 After the bid evaluation committee determines that all bids do not meet the requirements of the bidding documents, all bids may be rejected.
If all bids for a project that is required to bid according to law are rejected, the bid inviting party shall re-bid in accordance with this Law.

Article 43 Before the successful bidder is determined, the bid inviting party shall not negotiate with the bidder on the substantive content such as the bid price and bid plan.

Article 44 The members of the bid evaluation committee shall perform their duties objectively and impartially, abide by professional ethics, and bear personal responsibility for the comments made.
Members of the bid evaluation committee shall not contact the bidder in private, and shall not accept the bidder's property or other benefits.
Members of the bid evaluation committee and relevant staff involved in bid evaluation shall not disclose the evaluation and comparison of bid documents, the recommendation of winning candidates, and other information related to the bid evaluation.

Article 45 After the successful bidder is determined, the bid inviting party shall send a successful bid notice to the successful bidder, and at the same time notify all unsuccessful bidders of the successful bid.
The tender notice has legal effect on the tenderer and the successful bidder. After the bid invitation notice is issued, if the bid inviting party changes the bid winning result, or if the bid winner abandons the bid winning project, it shall bear legal responsibility according to law.

Article 46 The bid inviting party and the winning bidder shall conclude a written contract in accordance with the bidding documents and the bidding documents of the winning bidder within 30 days from the date of the issuance of the bid winning notice. The bid inviting party and the winning bidder may not enter into other agreements that depart from the substantive content of the contract.
If the bidding documents require the successful bidder to submit a performance bond, the successful bidder shall submit.

Article 47 For projects that are required to bid according to law, the bid inviting party shall submit a written report on the bidding and tendering to the relevant administrative supervision department within 15 days from the date of determining the successful bidder.

Article 48 The successful bidder shall perform its obligations in accordance with the contract and complete the winning project. The successful bidder shall not transfer the winning project to others, nor shall he transfer the winning project to others separately.
The winning bidder may subcontract part of the non-principal and non-critical work of the winning project to others for completion in accordance with the contract or with the consent of the bid inviting party. Those who accept subcontracting shall have corresponding qualifications and shall not subcontract again.
The winning bidder shall be responsible to the tenderer for the subcontracted project, and the person accepting the subcontracting shall bear joint responsibility for the subcontracted project.

 

Chapter V Legal Liability

Article 49 If, in violation of the provisions of this law, a project that is required to be tendered is not tendered, the project that must be tendered shall be reduced to zero or the tendering shall be avoided in any other way, and ordered to be corrected within a time limit. A fine ranging from five to ten thousandths of a fine; projects that use state-owned funds in whole or in part may be suspended from project execution or fund appropriation; the person in charge directly responsible for the unit and other persons directly responsible shall be punished according to law.

Article 50 Tendering agencies that violate the provisions of this law, disclose information and information that should be kept confidential in connection with bidding or bidding activities, or collude with bidders and bidders to damage national interests, social public interests, or the legitimate rights and interests of others, shall be punished A fine ranging from 10,000 yuan to 250,000 yuan shall be imposed on the person in charge directly responsible for the unit and other persons directly responsible for the unit by a fine ranging from 5% to 10%; if there is illegal income, the illegal confiscation shall be imposed. If the circumstances are serious, the suspension shall be suspended until the bidding agency is disqualified; if a crime is constituted, criminal liability shall be investigated in accordance with the law. Whoever causes losses to others shall be liable for compensation in accordance with the law.
If the actions listed in the preceding paragraph affect the result of the bid, the bid is invalid.

Article 51 Where the tenderer restricts or excludes potential bidders on unreasonable conditions, discriminates against potential bidders, forces bidders to form a consortium for joint bidding, or restricts competition between bidders, he shall be ordered Corrections may be imposed on a fine ranging from 10,000 yuan to 50,000 yuan.

Article 52 The bidder of a project that is required to conduct bidding according to law shall disclose to others the name and number of potential bidders who have obtained bidding documents, or other circumstances related to bidding that may affect fair competition, or leak the bid base, and give a warning. A fine of 10,000 yuan up to 100,000 yuan may be imposed concurrently; the person in charge directly responsible for the unit and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
If the actions listed in the preceding paragraph affect the result of the bid, the bid is invalid.

Article 53 If bidders colluded with each other or colluded with bidders, the bidders won the bid by bribing the bidder or members of the bid evaluation committee, the bid was invalid, and the winning bid amount was more than five thousandths of a thousandths If the fine is less than 10%, the person in charge directly responsible for the unit and other directly responsible personnel shall impose a fine of more than 5% and less than 10% of the unit; if there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, Cancel its bidding qualifications for projects that must participate in bidding in accordance with the law within one to two years and announce them until the business license is revoked by the administrative department for industry and commerce; if it constitutes a crime, criminal responsibility shall be investigated in accordance with the law. Whoever causes losses to others shall be liable for compensation in accordance with the law.

Article 54 If a bidder bids in the name of another person or falsifies in another way, fraudulently wins the bid, the bid is invalid, and the tenderer shall be liable for compensation according to law; if it constitutes a crime, criminal liability shall be investigated according to law.
If the bidder of a project that must be invited for bidding according to law has not committed a crime as listed in the preceding paragraph, he shall be fined between 5 and 10 thousandths of the amount of the winning project, and shall be punished by the person in charge directly responsible for the unit and other persons directly responsible. Unit fines ranging from 5% to 10%; if there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, the qualification for bidding for projects that must participate in bidding according to law within one to three years shall be cancelled and given. Announcement until the business license is revoked by the administrative authority for industry and commerce.

Article 55 If a bidder is required by law to violate the provisions of this Law, and the bidder negotiates with the bidder on substantive content such as the bid price and bid plan, a warning shall be given to the person in charge directly responsible for the unit and other direct responsibilities. The personnel shall be punished according to law.
If the actions listed in the preceding paragraph affect the result of the bid, the bid is invalid.

Article 56 If a member of the bid evaluation committee receives the property or other benefits of the bidder, the member of the bid evaluation committee or the relevant staff participating in the bid evaluation will disclose to others the evaluation and comparison of the bid documents, the recommendation of the winning candidate, and the evaluation of the bid. In other circumstances related to the bidding, a warning is given, and the confiscated property can be imposed with a fine ranging from 3,000 yuan to 50,000 yuan. Members of the bid evaluation committee that have listed the illegal acts shall be disqualified from being members of the bid evaluation committee. Participate again in the bid evaluation of any project that must be invited according to the law; if it constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

Article 57 If the tenderer determines a successful bidder other than the successful bidder recommended by the tender evaluation committee, the project that must be tendered according to law shall determine the successful bidder after all the bids have been rejected by the tender evaluation committee, and the bid is invalid. Ordering corrections may impose a fine of five to one thousandths of the amount of the winning project, and a fine of five thousandths or less; the person in charge directly responsible for the unit and other directly responsible persons shall be punished according to law.

Article 58 If the winning bidder transfers the winning bid to another person, and the disqualified transfer of the winning bid item to another person, in violation of the provisions of this law, subcontracts part of the main body and key work of the winning bid to others, or the subcontractor If it is subcontracted again, the transfer or subcontracting is invalid, and a fine of 5 to 1000 percent of the amount of the transfer or subcontracting project shall be imposed; if there is illegal income, the illegal income shall also be confiscated; the business may be ordered to suspend business for rectification; if the circumstances are serious , The business administration shall revoke the business license.

Article 59 If the bid inviting party and the winning bidder fail to conclude a contract in accordance with the bidding documents and the winning bidder's bidding documents, or if the bid inviting party or the winning bidder enters into an agreement that departs from the substantive content of the contract, the bidder shall be ordered to correct; Five to ten thousandths of a fine.

Article 60 If the successful bidder fails to perform the contract with the bid inviting party, the performance bond is not refunded. If the loss caused to the bidder exceeds the amount of the performance bond, the excess shall be compensated; if no performance bond is submitted, the bid People are liable for the loss.
If the successful bidder fails to fulfill the obligations in accordance with the contract with the bidder, if the circumstances are serious, the bidding qualification of the project that must participate in the bidding according to law within two to five years will be cancelled and announced until the business license is revoked.
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 provided for in this chapter shall be determined by the relevant administrative supervision department prescribed by the State Council. This law excludes those that have imposed administrative penalties.

Article 62 Where any entity violates the provisions of this Law, restricts or excludes legal persons or other organizations outside the region or the system from participating in the bidding process, and appoints a bidding agency for the bidder, the bidding agency is forced to entrust the bidding agency to handle bidding matters , Or in other ways interfere with the bidding and tendering activities, order correction; the person in charge directly responsible for the unit and other directly responsible personnel shall be given warnings, demerits, and demerits, and if the circumstances are serious, demotion, dismissal, and dismissal shall be granted according to law. Punishment.
Individuals who use their powers to commit illegal acts in the preceding paragraph shall be held accountable in accordance with the provisions of the preceding paragraph.

Article 63 Staff members of state organs that are responsible for administrative supervision of bidding and bidding activities in accordance with the law, who engage in malpractices, abuse of power, or neglect their duties, constitute a crime, and shall be investigated for criminal responsibility according to law; if they do not constitute a crime, administrative sanctions shall be imposed according to law.

Article 64 If a project that is required to bid in accordance with the law violates the provisions of this law and the bid is invalid, it shall re-determine the successful bidder from the remaining bidders or re-tender in accordance with this law.

 

Chapter VI Supplementary Provisions

Article 65 If the bidder and other interested parties consider that the bidding and bidding activities do not comply with the relevant provisions of this Law, they have the right to raise objections to the bidder or lodge a complaint with the relevant administrative supervision department according to law.

Article 66 Projects that are not suitable for bidding under special circumstances such as national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to carry out work on behalf of workers, and require the use of migrant workers, may not be subject to bidding in accordance with relevant state regulations.

Article 67 In bidding for projects that use loans or aid funds from international organizations or foreign governments, the lender and the fund provider have different regulations on the specific conditions and procedures for bidding and tendering, which may be applicable, but in violation of the People's Republic of China. Except for public interest.

Article 68 This Law shall enter into force on January 1, 2000.


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