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( Adopted at the Eleventh Meeting of the Standing Committee of the Ninth National People's Congress on August 30, 1999)
Table of Contents
Chapter I General Provisions
Chapter II Tendering
Chapter III Bidding
Chapter IV Opening, Evaluation and Awarding of Tenders
Chapter V Legal Responsibility
Chapter VI By-laws
Chapter I General Provisions
Article 1 In order to regulate the bidding and tendering activities, protect the interests of the state, the interests of the social public **** and the legitimate rights and interests of the parties involved in the bidding and tendering activities, to improve the economic efficiency, and to ensure the quality of the project, the enactment of this law.
Article 2 This Law shall apply to bidding and tendering activities within the territory of the People's Republic of China*** and the State.
Article 3 In the Chinese People's *** and the State for the following engineering and construction projects, including the project investigation, design, construction, supervision, as well as the procurement of important equipment and materials related to engineering and construction, must be tendered:
(a) large-scale infrastructure, public utilities, and other projects related to the social interests of the public ****, public safety;
(b) the whole or part of the use of state-owned funds investment or state-owned funds investment or public safety;
(ii) all (B) all or part of the use of state-owned funds or state-financed projects;
(C) the use of international organizations or foreign governments, loans, assistance to the project.
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 for the approval of the State Council.
The law or the State Council on the scope of other projects must be tendered, in accordance with its provisions.
Article 4 Any unit or individual shall not be required by law to bidding for the project into zero or in any other way to avoid bidding.
Article V. Bidding and tendering activities shall follow the principles of openness, fairness, justice and honesty and credit.
Article 6 must be bid in accordance with the law, the bidding activities are not subject to regional or sectoral restrictions. No unit or individual shall not unlawfully restrict or exclude the region, the system outside the legal person or other organization to participate in the bidding, shall not in any way illegally interfere in the bidding activities.
Article 7 bidding and tendering activities and its parties shall accept the supervision implemented in accordance with law.
The relevant administrative supervision departments shall supervise the bidding and tendering activities and investigate and deal with violations of law in the bidding and tendering activities according to law.
The administrative supervision of bidding and tendering activities and the relevant departments of the specific division of powers and functions, as provided by the State Council.
Chapter II Bidding
Article 8 The bidder is a legal person or other organization that proposes a bidding project and conducts bidding in accordance with the provisions of this Law.
Article 9 The bidding project in accordance with the relevant provisions of the state need to fulfill the project approval procedures, shall first fulfill the approval procedures and obtain approval.
The bidder shall have to carry out the bidding project of the corresponding funds or sources of funds have been implemented, and shall be truthfully set out in the bidding documents.
Article 10 of the tender is divided into open tender and invitation to tender.
Open tendering, refers to the bidder to invite unspecified legal persons or other organizations to bid by means of a tender notice.
Invitation to tender, refers to the bidder to invite specific legal persons or other organizations to bid in the form of invitation to tender.
Article 11 The development planning department of the State Council to determine the national key projects and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to determine the local key projects are not suitable for public tendering, approved by the State Council's development planning department or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, can be invited to tender.
Article 12 The bidder has the right to choose its own bidding agency, entrusted to handle the bidding. Any unit or individual shall not in any way for the bidder to specify the bidding agent.
The bidder has the ability to prepare the bidding documents and organize the evaluation of bids, can handle the bidding. Any unit or individual shall not be forced to entrust the bidding agent for bidding.
In accordance with the law must be bidding for the project, the bidder to handle their own bidding, should be filed with the relevant administrative supervision department.
Article XIII of the bidding agency is established by law, engaged in bidding agency business and provide related services to social intermediary organizations.
The bidding agency shall have the following conditions:
(a) there are engaged in the bidding agency business premises and the corresponding funds;
(b) there are able to prepare the bidding documents and the organization of bid evaluation of the corresponding professional strength;
(c) there are in line with the conditions set out in paragraph 3 of article 37 of this law, can be used as a member of the bid evaluation committee members of the technical, Economic and other aspects of the pool of experts.
Article 14 The bidding agency engaged in the construction project bidding agency business, its qualifications by the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government of the competent department of construction administration. Specific measures by the state council administrative department of construction in conjunction with the state council departments concerned. Engaged in other bidding agency business bidding agency, the qualification of the competent department by the state council.
The bidding agency and administrative organs and other state organs shall not have affiliation or other interests.
Article 15 A bidding agent shall handle bidding matters within the scope entrusted to it by the bidder and shall comply with the provisions of this Law concerning the bidder.
Article 16 Where a bidder adopts public tendering, it shall issue a tender notice. The bidding notice of the project which is required by law to conduct bidding shall be published through the state-designated newspaper, information network or other media.
The solicitation notice shall contain the name and address of the bidder, the nature of the tender, the number of projects, the implementation of the place and time, as well as access to the solicitation documents and other matters.
Article 17 The bidder adopts the method of inviting tenders, shall issue an invitation to tender to more than three specific legal persons or other organizations with the ability to undertake the bidding project, good credit.
The invitation to tender shall set out the matters specified in paragraph 2 of article 16 of this Law.
Article 18 The bidder may, in accordance with the requirements of the bidding project itself, in the bidding notice or invitation to tender, require the potential bidders to provide relevant qualification documents and performance, and qualification examination of the potential bidders; if the state has provisions on the qualification conditions of the bidders, in accordance with its provisions.
The bidder shall not restrict or exclude potential bidders by unreasonable conditions, and shall not apply discriminatory treatment to potential bidders.
Article 19 The bidder shall prepare the bidding documents in accordance with the characteristics and needs of the bidding project. Bidding documents shall include the technical requirements of the bidding project, the qualification standards of the bidders, bidding requirements and evaluation criteria and all substantive requirements and conditions and the main terms of the contract to be signed.
The state of the bidding project technology, standards, the bidder shall, in accordance with its provisions in the solicitation documents in the corresponding requirements.
The bidding project needs to be divided into segments, to determine the duration of the tender, the bidder shall be reasonably divided into segments, to determine the duration of the tender, and set out in the bidding documents.
Article 20 The solicitation documents shall not require or indicate a specific production supplier and other content containing tendency or exclusion of potential bidders.
Article 21 The bidder, according to the specific circumstances of the solicitation project, may organize the potential bidders to set foot on the project site.
Article 22 The bidder shall not disclose to others the name and number of potential bidders who have obtained the bidding documents, as well as other circumstances relating to the bidding and tendering that may affect fair competition.
If the bidder has a bidding bottom, the bidding bottom must be kept confidential.
Article 23 If a bidder makes any necessary clarification or modification of the issued solicitation documents, it shall, at least fifteen days before the deadline for submission of tender documents required by the solicitation documents, notify in writing all recipients of the solicitation documents. The clarification or modification is an integral part of the solicitation documents.
Article 24 The bidder shall determine the reasonable time required for the preparation of the bidding documents by the bidders; however, in the case of an item for which bidding is required by law, the minimum period from the date of the commencement of the issue of the bidding documents to the deadline for the submission of the bidding documents by the bidders shall not be less than twenty days.
Chapter III Bidding
Article 25 The bidder is a legal person or other organization that responds to the bidding and participates in the bidding competition.
Scientific research projects tendered in accordance with the law allows individuals to participate in the bidding, the bidding individuals apply the provisions of this Law on the bidder.
Article 26 The bidder shall have the ability to undertake the bidding project; the relevant provisions of the state on the qualification conditions of the bidder or the bidding documents on the qualification conditions of the bidder, the bidder shall have the required qualification conditions.
Article 27 The bidder shall prepare tender documents in accordance with the requirements of the solicitation documents. Tender documents shall respond to the substantive requirements and conditions set forth in the solicitation documents.
The bidding project is a construction, the contents of the tender documents shall include the project manager to be dispatched and the main technical personnel resume, performance and mechanical equipment to be used to complete the bidding project.
Article 28 The bidder shall deliver the bidding documents to the place of bidding before the deadline for submission of bidding documents. The bidder receives the tender documents, shall sign and save, shall not be opened. Bidders less than three, the bidder shall re-tender in accordance with this Law.
In the bidding documents required to submit tender documents after the deadline for delivery of tender documents, the bidder shall reject.
Article 29 The tenderer in the bidding documents before the deadline for submission of tender documents, may supplement, modify or withdraw the submitted tender documents, and notify the bidder in writing. Supplementary, modified content for the tender documents.
Article 30 The bidder, according to the actual situation of the project set out in the bidding documents, to be awarded the tender will be part of the winning project, non-main, non-critical work subcontracting, shall be set out in the bidding documents.
Article 31 Two or more legal persons or other organizations may form a consortium to bid as one bidder **** the same bid.
The consortium shall have the appropriate ability to undertake the bidding project; the relevant provisions of the state or the bidding documents on the qualifications of bidders, the consortium shall have the appropriate qualifications. The consortium consists of units of the same specialty, according to the qualification level of the lower unit to determine the qualification level.
The consortium shall sign *** with the bidding agreement, a clear agreement on the work and responsibilities to be undertaken by all parties, and *** with the bidding agreement together with the bidding documents submitted to the bidder. The consortium won the bid, the consortium shall *** with the bidder to sign a contract on the winning project to the bidder to assume joint and several liability.
The bidder shall not force the bidders to form a consortium *** with the bidding, and shall not restrict the competition among the bidders.
Article 32 The bidders shall not collude with each other in the bidding price, and shall not crowd out the fair competition of other bidders, to the detriment of the legitimate rights and interests of the bidders or other bidders.
Bidders shall not collude with the bidder in bidding to the detriment of national interests, social public **** interests or the legitimate rights and interests of others.
Bidders are prohibited from seeking to win the bid by bribing the bidder or members of the bid evaluation committee.
Article 33 The bidder shall not bid at a price lower than the cost of the offer, nor shall it bid in the name of another person or otherwise falsify the bid to obtain the winning bid.
Chapter IV. Opening, evaluation and award of tenders
Article 34 The opening of tenders shall be held in public at the same time as the deadline for submission of tender documents as determined in the bidding documents; the place of the opening of tenders shall be the place pre-determined in the bidding documents.
Article 35 The opening of tenders shall be presided over by the bidder and all bidders shall be invited to attend.
Article 36 When opening the bids, the bidders or their elected representatives to check the sealing of the bidding documents, can also be entrusted by the bidder notary public inspection and notarization; after confirming that there is no error, by the staff to open the seal in public, read out the name of the bidders, the bidding price and other main contents of the bidding documents.
The bidder in the bidding documents required to submit the bidding documents before the deadline for all the bidding documents received, the opening of the bidding shall be unsealed, read out in public.
The process of opening tenders shall be recorded and filed for inspection.
Article 37 of the bid evaluation by the bidder according to law, the bid evaluation committee is responsible for.
The project must be bidding in accordance with the law, the bid evaluation committee consists of representatives of the bidder and the relevant technical, economic and other aspects of the experts, the number of members of more than five singular, of which technical, economic and other aspects of the experts shall not be less than two-thirds of the total number of members.
The experts in the preceding paragraph shall be engaged in the relevant field of work for eight years and have a senior title or have the same level of professionalism, by the bidder from 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 provided by the roster of experts or bidding agency's expert library of the experts of the relevant professions in the list of experts; general bidding projects can be taken by random sampling, special bidding projects Can be determined directly by the bidder.
The person who has an interest in the bidder shall not be allowed to enter the bid evaluation committee of the relevant project; those who have entered shall be replaced.
The list of members of the bid evaluation committee shall be kept confidential until the results are determined.
Article 38 The bidder shall take the necessary measures to ensure that the bid evaluation in strict confidentiality.
Any unit or individual shall not unlawfully intervene in and influence the process and results of bid evaluation.
Article 39 The bid evaluation committee may require the bidder to make necessary clarifications or explanations of unclear content in the bidding documents, but the clarifications or explanations shall not exceed the scope of the bidding documents or change the substantive content of the bidding documents.
Article 40 The bid evaluation committee shall evaluate and compare the bidding documents in accordance with the bidding documents to determine the evaluation criteria and methods; with a bidding price, shall refer to the bidding price. After completing the evaluation of bids, the bid evaluation committee shall submit a written bid evaluation report to the bidder and recommend qualified winning candidates.
The bidder determines the successful bidder based on the written bid evaluation report and the recommended successful candidate proposed by the bid evaluation committee. The bidder may also authorize the bid evaluation committee to determine the successful bidder directly.
The state council has special provisions on the evaluation of specific bidding projects, from its provisions.
Article 41 The bid of the successful bidder shall meet one of the following conditions:
(1) It can maximize the satisfaction of the comprehensive evaluation criteria set forth in the bidding documents;
(2) It can satisfy the substantive requirements of the bidding documents, and the lowest bidding price after evaluation; however, except for bidding price below cost.
Article 42 The bid evaluation committee, after evaluation, that all bids do not meet the requirements of the bidding documents, may reject all bids.
If all the bids of the project which must be tendered in accordance with law are rejected, the bidder shall re-tender the project in accordance with this Law.
Article 43 Before determining the successful bidder, the bidder shall not negotiate with the bidder on the bid price, bidding program and other substantive content.
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 evaluation opinions put forward.
Members of the bid evaluation committee shall not contact the bidders privately, and shall not accept any property or other benefits from the bidders.
The members of the bid evaluation committee and the staff involved in bid evaluation shall not disclose the evaluation and comparison of the bidding documents, the recommendation of the winning candidate and other information related to bid evaluation.
Article 45 After the successful bidder has been determined, the bidder shall issue a notice of award to the successful bidder and at the same time notify all unsuccessful bidders of the result of the award.
The notice of award shall have legal effect on the bidder and the successful bidder. After the notice of award is issued, the bidder to change the results of the winning bid, or the winning bidder to give up the winning project, shall bear legal responsibility in accordance with the law.
Article 46 The bidder and the successful bidder shall, within thirty days from the date of issuance of the notice of award, enter into a written contract in accordance with the bidding documents and the bidding documents of the successful bidder. The bidder and the successful bidder shall not enter into any other agreement that deviates from the substance of the contract.
The bidding documents require the successful bidder to submit a performance bond, the successful bidder shall submit.
Article 47 must be carried out in accordance with the law for bidding projects, the bidder shall, within fifteen days from the date of determining the winning bidder, to the relevant administrative supervision department to submit a written report on bidding and tendering.
Article 48 The successful bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The successful bidder shall not transfer the successful project to others, nor shall the successful project be dismembered and then transferred to others separately.
The successful bidder, in accordance with the contract or with the consent of the bidder, may subcontract some of the non-main, non-critical work of the winning project to others to complete. The person accepting the subcontract shall have the appropriate qualifications and shall not be subcontracted again.
The successful bidder shall be responsible to the bidder for the subcontracted project, and the person accepting the subcontract shall be jointly and severally liable for the subcontracted project.
Chapter V Legal Liability
Article 49 Violation of the provisions of this Law, the project that must be tendered without bidding, the project that must be tendered to zero or in any other way to circumvent the bidding, shall be ordered to make corrections within a specified period of time, and may be subject to a fine of more than five thousandths of one percent of the contract amount of the project to less than ten thousandths of the contract amount; for the project that is wholly or partially state-owned funds, the project implementation or fund disbursement may be suspended. Project implementation or suspension of fund allocation; the unit directly responsible for the competent personnel and other directly responsible personnel shall be given sanctions.
Article 50 The bidding agency violates the provisions of this Law, leaks information and data related to bidding and tendering activities that should be kept confidential, or colludes with the bidder or tenderer to harm the national interests, social **** interests or the legitimate rights and interests of others, shall be sentenced to a fine of more than 50,000 yuan to less than 250,000 yuan, and the supervisory personnel directly in charge of the unit and other personnel directly responsible for the unit of a fine of more than five percent to less than ten percent of the fine. More than five percent of the unit fine of ten percent; illegal income, and confiscate the illegal income; the circumstances are serious, suspend or cancel the qualification of the bidding agent; constitutes a crime, shall be investigated for criminal responsibility. Cause damage to others, according to the law to bear the responsibility for compensation.
The behavior listed in the preceding paragraph affects the outcome of the winning bid, the winning bid is invalid.
Article 51 If a bidder restricts or excludes potential bidders by unreasonable conditions, imposes discriminatory treatment on potential bidders, compels bidders to form a consortium *** with the same bidding, or restricts the competition among bidders, the bidder shall be ordered to rectify the situation, and may be subject to a fine of not less than ten thousand yuan and not more than fifty thousand yuan.
Article 52 The bidder of a project that must be tendered in accordance with the law to disclose to others the name and number of potential bidders who have obtained the bidding documents, or may affect the fair competition of the bidding and tendering of other information, or divulge the bidding price, shall be given a warning, and may be sentenced to a fine of 10,000 yuan or more than 100,000 yuan; on the unit directly responsible for the competent personnel and other directly responsible personnel according to law. Give sanctions; constitute a crime, be investigated for criminal responsibility.
The behavior listed in the preceding paragraph affects the outcome of the winning bid, the winning bid is invalid.
Article 53 The bidder collusion with each other or with the bidder collusion bidding, the bidder to the bidder or the bid evaluation committee members to bribe the means to win the bid, the winning bid is invalid, the winning project amount of more than five thousandths of the thousandths of the following ten percent of the fine, on the unit directly responsible for the competent person and other directly responsible personnel shall be fined more than five percent of the amount of unit fines ten percent of the following Fines; have illegal income, and confiscate the illegal income; the circumstances are serious, cancel its one to two years to participate in the project must be bidding qualifications and announcements, until the administrative organs for industry and commerce revocation of business licenses; constitutes a crime, shall be investigated for criminal responsibility. Cause losses to others, according to law to bear the responsibility for compensation.
Article 54 The bidder to bid in the name of others or other means of fraudulent, fraudulent bidding, the bid is invalid, causing losses to the bidder, shall be liable for compensation; constitutes a crime, shall be investigated for criminal responsibility.
The bidder of the project must be tendered in accordance with the law has not yet constituted a crime, the bidder shall be punished by a fine of more than five thousandths of one percent of the amount of the winning project of more than ten thousandths of the amount of the unit directly responsible for the competent person and other directly responsible personnel shall be punished by a unit of a fine of more than five percent of the amount of the fine of more than ten percent of the amount of the following fine; there is illegal income, and confiscation of the illegal income; the circumstances are serious, the cancellation of their One year to three years to participate in the project must be bidding qualifications and be announced, until the business license revocation by the administrative organs for industry and commerce.
Article 55 of the project must be bidding by law, the bidder violates the provisions of this Law, and the bidder on the bid price, bidding program and other substantive content of the negotiation, given a warning, the unit directly responsible for the competent personnel and other directly responsible personnel shall be given sanctions.
The behavior listed in the preceding paragraph affects the outcome of the winning bid, the winning bid is invalid.
Article 56: If a member of the bid evaluation committee accepts property or other benefits from a bidder, or if a member of the bid evaluation committee or a staff member participating in the bid evaluation discloses to another person the evaluation and comparison of the bidding documents, the recommendation of the winning candidate, and other circumstances related to the bid evaluation, the committee shall give a warning, confiscate the property received, and may impose a fine of not less than 3,000 yuan and not more than 50,000 yuan, and may impose a penalty of not more than 3,000 yuan and not less than 50,000 yuan for the listed illegal acts. Violations of the bid evaluation committee members cancel the qualification of the bid evaluation committee members, shall not participate in any project must be bidding bid evaluation; constitutes a crime, shall be investigated for criminal responsibility.
Article 57 The bidder in the bid evaluation committee recommended in accordance with the law to determine the winning bidder other than the winning candidate, must be carried out by law in the bidding project after all bids are rejected by the bid evaluation committee to determine their own winning bidder, the winning bid is invalid. Ordered to make corrections, may impose a fine of more than five thousandths of the amount of the winning project of less than ten thousandths of the amount; the unit directly responsible for the competent person and other directly responsible persons shall be given sanctions according to law.
Article 58 If the successful bidder transfers the awarded project to another person, transfers the awarded project to another person after dismembering it, or subcontracts part of the main body of the awarded project or key work to another person in violation of the provisions of this Law, or if the subcontractor subcontracts it again, the transfer or subcontracting is invalid, and the person shall be punished by a fine of more than five thousandths of one percent of the amount of the transferred or subcontracted project, or by the confiscation of the illegal income; and may be ordered to suspend the operation and to cease the work. Illegal income; may be ordered to suspend business rectification; the circumstances are serious, by the administrative organs for industry and commerce revocation of business license.
Article 59 The bidder and the successful bidder do not in accordance with the bidding documents and the bidding documents of the successful bidder to enter into a contract, or the bidder, the successful bidder to enter into an agreement that deviates from the substantive content of the contract, shall be ordered to make corrections; can be imposed on the successful bidding project amount of more than five percent of the amount of the following ten percent of the fine.
Article 60 The successful bidder does not fulfill the contract with the bidder, the performance bond shall not be refunded, and the losses caused to the bidder exceed the amount of the performance bond, but also shall be compensated for more than the part of the compensation; did not submit the performance bond, the loss of the bidder shall bear the responsibility for compensation.
The successful bidder does not perform its obligations in accordance with the contract entered into with the bidder, and if the circumstances are serious, it shall be disqualified from participating in the bidding for projects that must be tendered in accordance with the law for a period of two to five years and shall be notified of such disqualification until its business license is revoked by the administrative organ for industry and commerce.
Due to force majeure can not fulfill the contract, the provisions of the preceding two paragraphs do not apply.
Article 61 The administrative penalties provided for in this Chapter shall be decided by the relevant administrative supervisory departments as prescribed by the State Council. Except where this Law has provided for the authority to impose administrative penalties.
Article 62 Any unit that violates the provisions of this Law, restricts or excludes legal persons or other organizations outside the region or system from participating in the bidding, appoints a bidding agent for the bidder, compels the bidder to entrust the bidding agent with the bidding, or interferes with the bidding activities in any other way, shall be ordered to rectify the situation; and the directly responsible officers and other directly responsible officers shall be given a warning and a disciplinary punishment according to law. Responsible personnel shall be given a warning, demerit, demerit punishment, and if the circumstances are more serious, shall be given a demotion, dismissal, expulsion punishment.
Individuals who utilize their authority to commit the violations of the preceding paragraph shall be held accountable in accordance with the provisions of the preceding paragraph.
Article 63 of the bidding activities in accordance with the administrative supervision of state organs responsible for favoritism, abuse of power or dereliction of duty, constituting a crime, shall be investigated for criminal responsibility; does not constitute a crime, shall be given administrative sanctions.
Article 64 The project must be bidding in violation of the provisions of this Law, the winning bid is invalid, shall, in accordance with the provisions of this Law, the winning conditions from the rest of the bidders to re-determine the winning bidder or re-bidding in accordance with this Law.
Chapter VI Supplementary Provisions
Article 65 The bidders and other interested parties who believe that the bidding and tendering activities do not comply with the relevant provisions of this Law shall have the right to raise objections to the bidders or to file complaints with the relevant administrative supervisory authorities in accordance with law.
Article 66 Projects involving national security, state secrets, disaster relief, or belonging to the use of poverty alleviation funds to implement food for work, the need to use migrant workers and other special circumstances, it is not appropriate to carry out the bidding, in accordance with the relevant provisions of the State may not be tendered.
Article 67 The use of international organizations or foreign government loans, aid funds for bidding projects, the lender, the provider of funds on the specific conditions and procedures for bidding and tendering of different provisions, you can apply its provisions, but contrary to the interests of the Chinese people's *** and the country's social public **** except.
Article 68 This Law shall come into force on January 1, 2000, onwards.