catalogue

Chapter I General Provisions

Chapter II Bidding

Chapter III Bidding

Chapter IV Bid Opening, Bid Evaluation and Bid Winning

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Bidding Law of People's Republic of China (PRC)

Chapter I General Provisions

Article 1 This Law is formulated with a view to standardizing bidding activities, protecting national interests, social public interests and the legitimate rights and interests of parties involved in bidding activities, improving economic benefits and ensuring project quality.

Article 2 This Law is applicable to the tendering and bidding activities within the territory of People's Republic of China (PRC).

Article 3 The following construction projects in People's Republic of China (PRC), including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender:

(a) large-scale infrastructure, public utilities and other projects related to social public interests and public safety;

(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;

(3) Projects that use 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.

Where the law or the State Council has provisions on the scope of other projects that must be subject to tender, such provisions shall prevail.

Article 4 No unit or individual may break up the projects that must be subject to bidding according to law or evade bidding in any other way.

Article 5 Bidding activities shall follow the principles of openness, fairness, impartiality, honesty and credibility.

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

Seventh bidding activities and their parties shall accept supervision according to law.

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

The administrative supervision of bidding activities and the specific functions and powers of relevant departments shall be stipulated by the State Council.

Chapter II Bidding

Article 8 A tenderer is a legal person or other organization that proposes a project subject to tender in accordance with the provisions of this Law.

Article 9 If a project subject to tender needs to go through the project 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 for the project subject to tender or the sources of funds have been implemented and truthfully stated in the tender documents.

Article 10 Bidding is divided into open bidding and invitation bidding.

Open tender means that the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement.

Invitation to bid means that a tenderer invites a specific legal person or other organization to bid in the form of an invitation to bid.

Article 11 If the national key projects determined by the development planning department of the State Council and the local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are not suitable for public bidding, the invitation bidding may be conducted with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 12 A tenderer has the right to choose a bidding agency by himself and entrust it to handle bidding matters. No unit or individual may designate a tendering agency for the tenderee in any way.

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

For a project that must be subject to tender according to law, if the tenderer handles the tender by himself, it shall file with the relevant administrative supervision department.

Thirteenth bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services.

A procuratorial agency shall meet the following conditions:

(1) Having a business place and corresponding funds for engaging in the bidding agency business;

(two) have the corresponding professional strength to prepare bidding documents and organize bid evaluation;

(3) It has a pool of technical and economic experts who can be candidates for the bid evaluation committee in accordance with the provisions of the third paragraph of Article 37 of this Law.

Article 14 The qualification of a bidding agency engaged in the bidding agency business of engineering construction projects shall be determined by the construction administrative department of the State Council or the people's government of a province, autonomous region or municipality 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 qualification of bidding agencies engaged in other bidding agency business shall be determined by the competent department stipulated by the State Council.

There shall be no subordinate relationship or other interest relationship between the bidding agency and the administrative organ or other state organs.

Article 15 A bidding agency shall handle the bidding matters within the scope entrusted by the tenderer and abide by the provisions of this Law on tenderers.

Article 16 If a tenderer adopts open tender, it shall issue a tender announcement. The tender announcement of a project subject to tender according to law shall be published through newspapers, information networks or other media designated by the state.

The tender announcement shall specify the name and address of the tenderer, the nature, quantity, place and time of implementation of the project subject to tender, and the way to obtain the tender documents.

Article 17 Where a tenderer adopts the method of inviting tenders, it shall issue invitations to bid to three or more specific legal persons or other organizations that have the ability to undertake projects subject to tender and have good credit standing.

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

Article 18 A tenderer may, according to the requirements of the project subject to tender itself, require potential bidders to provide relevant qualification certificates and performance in the tender announcement or invitation letter, and conduct qualification examination on potential bidders; Where the state has provisions on the qualifications of bidders, such provisions shall prevail.

The tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders.

Article 19 A tenderer shall prepare the tender documents according to the characteristics and needs of the project subject to tender. The tender documents shall include all substantive requirements and conditions such as the technical requirements of the project subject to tender, the standards for qualification examination of bidders, the requirements for bid quotation and evaluation criteria, and the main terms of the contract to be signed.

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

If a project subject to tender needs to be divided into blocks and the construction period is determined, the tenderer shall reasonably divide the blocks and determine the construction period, and specify it in the tender documents.

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

Twenty-first a tenderer may, according to the specific circumstances of a project subject to tender, organize potential bidders to visit the project site.

Article 22 A tenderer shall not disclose to others the names and quantities of potential bidders who have obtained the tender documents and other tender information that may affect fair competition.

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

Article 23 Where a tenderer makes necessary clarifications or amendments to the issued tender documents, it shall notify all recipients of the tender documents in writing at least fifteen days before the deadline for submission of tender documents required by the tender documents. This clarification or modification is an integral part of the tender documents.

Article 24 A tenderer shall determine the reasonable time required for bidders to prepare their bid documents; However, the project subject to tender according to law shall not be less than 20 days from the date of issuance of the tender documents to the deadline for submission of the tender documents.

Chapter III Bidding

Twenty-fifth bidders are legal persons or other organizations that respond to bidding and participate in bidding competition.

If individuals are allowed to participate in the bidding of scientific research projects that must be subject to bidding according to law, the provisions of this Law on bidders shall apply to individuals who bid.

Twenty-sixth bidders should have the ability to undertake the project subject to tender; If the relevant provisions of the state stipulate the qualifications of bidders or the bidding documents stipulate the qualifications of bidders, the bidders shall meet the prescribed qualifications.

Twenty-seventh bidders shall prepare the bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements and conditions put forward in the bidding documents.

If the project subject to tender belongs to construction, the contents of the tender documents shall include resumes, achievements and mechanical equipment to be used to complete the project subject to tender.

Article 28 A bidder shall deliver the bid documents to the bidding place before the deadline for submission of bid documents. After receiving the tender documents, the tenderee shall sign and keep them, and shall not open them. If there are less than three bidders, the tenderer shall re-invite tenders in accordance with this Law.

Tender documents delivered after the deadline for submission of tender documents required by the tender documents shall be rejected by the tenderer.

Article 29 A bidder may supplement, modify or withdraw the submitted bid documents before the deadline required by the tender documents, and notify the tenderer in writing. The supplementary and revised contents are an integral part of the tender documents.

Thirtieth bidders according to the actual situation of the project specified in the tender documents, intends to subcontract part of the non-main and non-critical work of the winning project after winning the bid, it shall be specified in the tender documents.

Thirty-first two or more legal persons or other organizations may form a consortium to jointly bid as a bidder.

All parties to the consortium shall have the corresponding ability to undertake the bidding project; If the relevant provisions of the state or the tender documents stipulate the qualifications of bidders, all parties to the consortium shall have the corresponding qualifications. A consortium composed of units of the same major shall determine the qualification level according to the units with lower qualification level.

The parties to the consortium shall sign a joint bidding agreement, clearly stipulate the work and responsibilities that each party should undertake, and submit the joint bidding agreement together with the bidding documents to the tenderer. If the consortium wins the bid, all parties to the consortium shall jointly sign a contract with the tenderer and bear joint and several liabilities to the tenderer for the winning project.

The tenderer shall not force bidders to form a consortium to bid together, and shall not restrict competition among bidders.

Thirty-second bidders shall not collude with each other in bidding quotation, and shall not crowd out the fair competition of other bidders and damage the legitimate rights and interests of the tenderee or other bidders.

Bidders shall not collude with the tenderee in bidding, which may harm the national interests, social public interests or the legitimate rights and interests of others.

Bidders are prohibited from winning the bid by bribing the tenderee or members of the bid evaluation committee.

Article 33 A bidder shall not bid at a price lower than the cost, nor shall he bid in the name of others or defraud the bid by other means.

Chapter IV Bid Opening, Bid Evaluation and Bid Winning

Article 34 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place predetermined in the tender documents.

Article 35 The 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 bidder or its elected representative shall check the sealing condition of the bid documents, and may also be checked and notarized by a notary agency entrusted by the tenderer; After confirmation, the staff will open it in public and read out the name of the bidder, the bid price and other main contents of the bid documents.

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

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

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

For a project subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and relevant technical and economic experts, with an odd number of more than five members, of which the technical and economic experts shall not be less than two thirds of the total number of members.

The experts mentioned in the preceding paragraph shall have worked in related fields for eight years and have senior professional titles or equivalent professional level, and shall be determined by the tenderee from the list of experts provided by the relevant departments of the State Council or the relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the list of experts in related disciplines in the expert database of the tendering agency; General bidding projects can be randomly selected, and special bidding projects can be directly determined by the tenderer.

People who are interested in the bidder shall not enter the bid evaluation committee of related projects; Those that have entered should be replaced.

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

Article 38 A tenderer shall take necessary measures to ensure that the bid evaluation is conducted in strict confidentiality.

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

Article 39 The bid evaluation committee may require bidders to make necessary clarifications or explanations on the ambiguous contents in 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 evaluation committee shall evaluate and compare the bid documents according to the bid evaluation standards and methods determined in the bidding documents. If there is a pre-tender estimate, it shall be referred to. After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid.

The tenderer shall determine the winning bidder according to the written bid evaluation report put forward by the bid evaluation committee and the recommended candidate winning bidders. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder.

The State Council has special provisions on the bid evaluation of a specific project subject to tender, and such provisions shall prevail.

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

(a) to meet the comprehensive evaluation criteria specified in the tender documents to the maximum extent;

(two) to meet the substantive requirements of the tender documents, and the evaluated bid price is the lowest; Only the bid price is lower than the cost.

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

If all bids for a project that must be subject to tender according to law are rejected, the tenderer shall re-invite bids in accordance with this Law.

Article 43 Before determining the winning bidder, the tenderee shall not negotiate with the bidders on the bid price, bid plan and other substantive contents.

Forty-fourth members of the bid evaluation committee shall perform their duties objectively and fairly, abide by professional ethics, and take personal responsibility for the bid evaluation opinions put forward.

Members of the bid evaluation committee shall not contact bidders privately, and shall not accept property or other benefits from bidders.

The members of the bid evaluation committee and the relevant staff involved in bid evaluation shall not disclose the evaluation and comparison of bid documents, the recommendation of successful candidates and other information related to bid evaluation.

Forty-fifth after the winning bidder is determined, the tenderer shall issue a letter of acceptance to the winning bidder and notify all bidders who have not won the bid.

The bid-winning notice has 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 the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law.

Article 46 A tenderer and a winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.

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

Forty-seventh projects that must be subject to tender according to law, the tenderer shall submit a written report on the bidding situation to the relevant administrative supervision departments within 15 days from the date of determining the winning bidder.

Article 48 The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others separately.

The winning bidder may, according to the contract or with the consent of the tenderer, subcontract part of the non-major and non-critical work of the winning project to others for completion. The person who accepts 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 subcontractor shall be jointly and severally liable for the subcontracted project.

Chapter V Legal Liability

Article 49 Whoever, in violation of the provisions of this Law, fails to bid for a project that must be subject to tender, breaks up the project that must be subject to tender into parts or evades bidding by other means, shall be ordered to make corrections within a time limit and may be fined not less than 5% but not more than 10% of the contract amount of the project; For all or part of the use of state-owned funds for the project, you can suspend the project execution or suspend the disbursement of funds; The person in charge directly responsible for the unit and other directly responsible personnel shall be punished according to law.

Article 50 A procuratorial agency that, in violation of the provisions of this Law, divulges confidential information and materials related to tendering and bidding activities, or colludes with tenderers and bidders, thus harming national interests, social public interests or the legitimate rights and interests of others, shall be fined between 50,000 yuan and 250,000 yuan, and the directly responsible person in charge and other directly responsible personnel of the unit shall be fined between 5% and 10% of the unit fine; Illegal income, confiscate the illegal income; If the circumstances are serious, suspend or even cancel the qualification of bidding agent; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.

If the acts listed in the preceding paragraph affect the result of winning the bid, the bid will 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 bid together, or restricts competition among bidders, it shall be ordered to make corrections, and may be fined between 1 10,000 yuan and 50,000 yuan.

Article 52 If a tenderer of a project subject to tender according to law discloses to others the names and quantities of potential bidders who have obtained the tender documents or other tender conditions that may affect fair competition, or discloses the pre-tender estimate, he shall be given a warning and may be fined at least 1 10,000 yuan and less than110,000 yuan; The person in charge directly responsible for the unit and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the acts listed in the preceding paragraph affect the result of winning the bid, the bid will be invalid.

Article 53 If bidders collude with each other or with the tenderee to bid, and the bidders seek to win the bid by bribing the tenderee or members of the bid evaluation committee, the bid will be invalid, and the directly responsible person in charge and other directly responsible personnel will be fined more than 5% 10% of the bid-winning project amount; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be disqualified from bidding for projects that must be subject to tender according to law within one to two years, and shall be announced until its business license is revoked by the administrative department for industry and commerce; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.

Article 54 If a bidder bids in the name of another person or cheats in other ways to win the bid, its bid is invalid, and if losses are caused to the tenderer, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the bidder of a project subject to tender according to law commits one of the acts listed in the preceding paragraph, which does not constitute a crime, he shall be fined between 0.5% and 0. 10% of the winning project amount, and the person in charge directly responsible for the unit and other directly responsible personnel shall be fined between 0.5% and 0. 10% of the unit fine amount; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be disqualified from bidding for projects that must be subject to tender according to law within one to three years, and shall be announced until its business license is revoked by the administrative department for industry and commerce.

Article 55 For a project that must be subject to tender according to law, if the tenderer violates the provisions of this Law and negotiates with the bidder on the bid price, bid plan and other substantive contents, it shall be given a warning and the directly responsible person in charge and other directly responsible personnel of the unit shall be punished according to law.

If the acts listed in the preceding paragraph affect the result of winning the bid, the bid will be invalid.

Article 56 If a member of a bid evaluation committee accepts property or other benefits from a bidder, if the member of the bid evaluation committee or the relevant staff involved in bid evaluation disclose to others the evaluation and comparison of bid documents, the recommendation of the successful candidate and other information related to bid evaluation, he shall be given a warning, the property received shall be confiscated, and a fine of not less than 3,000 yuan but not more than 50,000 yuan may be imposed. If a member of the bid evaluation committee commits any of the listed illegal acts, he/she shall be disqualified as a member of the bid evaluation committee, and shall not participate in the bid evaluation of the project subject to tender according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 57 If a tenderer determines the winning bidder other than the candidate winning bidders recommended by the bid evaluation committee according to law, if the project subject to tender according to law determines the winning bidder by itself after all bids have been rejected by the bid evaluation committee, the winning bid will be invalid. Shall be ordered to make corrections, and may be fined not less than five thousandths but not more than ten thousandths of the amount of the winning project; The person in charge directly responsible for the unit and other directly responsible personnel shall be punished according to law.

Article 58 If the winning bidder transfers the winning project to others, dismembers the winning project and transfers it to others respectively, or subcontracts part of the main body and key work of the winning project to others in violation of the provisions of this Law, or the subcontractor subcontracts it again, the transfer and subcontracting shall be null and void, and a fine of not less than five thousandths but not more than ten thousandths of the amount of the transferred and subcontracted project shall be imposed; Illegal income, confiscate the illegal income; Can be ordered to suspend business for rectification; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.

Article 59 If the tenderer and the winning bidder fail to conclude a contract in accordance with the tender documents and the winning bidder's bidding documents, or the tenderer and the winning bidder conclude an agreement that deviates from the substantive contents of the contract, they shall be ordered to make corrections; A fine of not less than 5/1000 but not more than 10/1000 of the amount of the winning project may be imposed.

Article 60 If a bidder fails to perform the contract signed with the tenderer, the performance bond will not be returned, and if the losses caused to the tenderer exceed the amount of the performance bond, compensation shall be made for the excess; If the performance bond is not submitted, it shall be liable for the losses of the tenderer.

If the winning bidder fails to perform his obligations in accordance with the contract concluded with the tenderer, if the circumstances are serious, his bidding qualification for participating in the project subject to tender according to law within two to five years shall be cancelled and announced until the 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 punishment prescribed in this chapter shall be decided by the relevant administrative supervision departments prescribed by the State Council. However, this law has provided for the implementation of administrative punishment except for the organs.

Article 62 Whoever, in violation of the provisions of this Law, restricts or excludes legal persons or other organizations from the local area or outside the system from participating in bidding, designates a bidding agency for the tenderer, forces the tenderer to entrust a bidding agency to handle bidding matters, or interferes in bidding activities in other ways, shall be ordered to make corrections; The person in charge directly responsible for the unit and other directly responsible personnel shall be given warnings, demerits, gross demerits and other sanctions according to law; If the circumstances are serious, disciplinary actions such as demotion, dismissal and expulsion shall be given according to law.

Individuals who use their powers to commit the illegal acts mentioned in the preceding paragraph shall be investigated for responsibility in accordance with the provisions of the preceding paragraph.

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

Article 64 If a project subject to tender according to law violates the provisions of this Law and the bid is invalid, the winning bidder shall be re-determined from the remaining bidders according to the bid-winning conditions stipulated in this Law, or the bid shall be re-invited according to this Law.

Chapter VI Supplementary Provisions

Article 65 If bidders and other interested parties think that the bidding activities are not in conformity with the relevant provisions of this Law, they have the right to raise objections to the tenderee or complain to the relevant administrative supervision departments according to law.

Article 66 For projects involving national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds for work relief, and the need to use migrant workers, which are not suitable for bidding, bidding may not be conducted in accordance with relevant state regulations.

Article 67 Where the lender and the fund provider have other provisions on the specific conditions and procedures of bidding for projects using loans or aid funds from international organizations or foreign governments, such provisions shall prevail. Except those that violate the public interests of People's Republic of China (PRC).

Article 68 This Law shall come into force as of June 6+10/October 6 +0, 2000. ?

Extended data

Bidding Law of People's Republic of China (PRC) is a law formulated to standardize bidding activities, protect national interests, social public interests and the legitimate rights and interests of parties involved in bidding activities, improve economic benefits and ensure project quality.

1adopted at the 11th meeting of the Ninth NPC Standing Committee on August 30th, 999. According to 20 17 12.27, the 31st meeting of the standing Committee of the 12th NPC: < People's Republic of China (PRC) metrology law > decision on amendment.

reference data

China Municipal Government Procurement-Administrative Mining Regulations-People's Republic of China (PRC) (China) Bidding Law