评标委员会和评标方法暂行规定 Bid Evaluation Committees and Methods Tentative Provisions

国家发展计划委员会、建设部、水利部令第12号
(Jointly promulgated by the State Development Planning Commission, the State Economic and Trade Commission, the Ministry of Construction, the Ministry of Railways, the Ministry of Communications, the Ministry of Information Industry and the Ministry of Water Resources on, and effective as of, 5 July 2001.)
颁布日期：20010705 　实施日期：20010705 　颁布单位：国家发展计划委员会、 建设部、 水利部

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Provisions are formulated pursuant to the PRC, Invitation and Submission of Bids Law in order to regulate the evaluation of bids, to ensure that bid evaluations are fair and impartial and to safeguard the lawful rights and interests of parties inviting and submitting bids.

　　Article 2　These Provisions shall apply to bid evaluations for projects for which the invitation of bids is legally required.

　　Article 3　Bid evaluations shall adhere to the principles of fairness, impartiality, objectivity and selection of the best.

　　Article 4　Bid evaluations shall be conducted in accordance with the law. No work unit or individual may unlawfully interfere in or influence a bid evaluation process or the results thereof.

　　Article 5　Bid inviting parties shall adopt the measures necessary to ensure that bid evaluations are conducted in strict confidentiality.

　　Article 6　Bid evaluations and the persons involved therein shall be subject to supervision in accordance with the law.

　　The relevant administrative supervision department shall supervise bid evaluations in accordance with the division of responsibilities between the State Council and local governments and investigate and deal with violations of the law occurring during bid evaluations in accordance with the law.

　　PART TWO　BID EVALUATION COMMITTEE

　　Article 7　The bid evaluation committee shall be legally constituted and shall be responsible for the evaluation of bids and recommending the candidate(s) for winning bidder to the bid inviting party or, pursuant to the authority bestowed upon it by the bid inviting party, determining the winning bidder directly.

　　Article 8　The bid inviting party shall be responsible for forming the bid evaluation committee.

　　In general, the list of the members of the bid evaluation committee shall be determined before the opening of the bids. The names of the members of the bid evaluation committee shall be kept confidential until the winning bid has been determined.

　　Article 9　The bid evaluation committee shall be composed of the bid inviting party or a representative of the bid inviting party's appointed bid invitation agency who is familiar with the relevant business and experts in such fields as technology, economics, etc. The bid evaluation committee shall have an odd number of members totalling five or more. Of these members, not less than two-thirds shall be experts in such fields as technology, economics, etc.

　　If the bid evaluation committee has a person in charge, such person in charge shall be elected by the members of the committee or determined by the bid inviting party. The person in charge of the bid evaluation committee shall have the same voting rights as the other members of the committee.

　　Article 10　The expert members of the bid evaluation committee shall be selected from the register of experts provided by the relevant department of the people's government at or above the provincial level or from the list of relevant experts drawn from the bid invitation agency's pool of experts.

　　The bid evaluation experts to be selected in accordance with the preceding paragraph may be selected at random or determined directly. For projects of a general nature, such experts may be selected at random. For tendered projects in which the technology is particularly complex and the expertise requirements are particularly high, and for tendered projects for which the

State has particular requirements, such experts may be determined directly by the bid inviting party if experts determined at random would be hard-pressed to perform their duties competently.

　　Article 11　Bid evaluation experts shall satisfy the following conditions:

　　1. having worked at least eight years in the relevant field and having a senior title or having attained an equivalent professional level;

　　2. being familiar with laws and regulations on the invitation and submission of bids and having practical experience related to the tendered project; and

　　3. having the capability to perform his duties conscientiously, impartially, honestly and with integrity.

　　Article 12　A person may not sit as a member of a bid evaluation committee if:

　　1. he is a close relative of a bidder or the main responsible person of a bidder;

　　2. he is a member of the personnel of the principal authority with jurisdiction over the project or the administrative supervisory authority;

　　3. he has an economic interest in a bidder that could affect his impartial evaluation of the bids; or

　　4. he has been subjected to administrative or criminal punishment for committing a violation of the law during a previous bid submission, bid evaluation or other activity related to bid invitations and submissions.

　　If a member of a bid evaluation committee is characterized by any of the foregoing circumstances, he shall recuse himself.

　　Article 13　Members of bid evaluation committees shall perform their duties objectively and impartially, observe professional ethics and bear personal liability for the evaluation opinions put forward by them.

　　A member of a bid evaluation committee may not have private contacts with any bidder or any person with a vested interest in the outcome of the bid and may not accept any property or other benefit from a bidder, an intermediary or another person with a vested interest in the outcome of the bid.

　　Article 14　Members of a bid evaluation committee and working personnel connected with the bid evaluation may not disclose the details of the evaluation and comparison of the bid documents, the recommendation of candidates for winning bidder or other information related to the bid evaluation.

　　For the purposes of the foregoing paragraph, the term "working personnel connected with the bid evaluation" means all persons, other than members of the bid evaluation committee, who are familiar with details of the bid evaluation due to their involvement in the supervision of, or routine work connected with, the bid evaluation.

　　PART THREE　BID EVALUATION PREPARATIONS AND PRELIMINARY EVALUATION

　　Article 15　The members of the bid evaluation committee shall prepare forms suitable for use in the bid evaluation, conscientiously study the bid invitation documents and shall, at minimum, understand and become familiar with the following particulars:

　　1. the objectives of the bid invitation;

　　2. the scope and nature of the tendered project;

　　3. the main technical requirements, technical standards and the commercial terms specified in the bid invitation documents; and

　　4. the bid evaluation standards, bid evaluation method and the relevant factors to be considered during the bid evaluation process as specified in the bid invitation documents.

　　Article 16　The bid inviting party or the bid invitation agency appointed thereby shall submit to the bid evaluation committee the important information and data required for the bid evaluation.

　　If the bid inviting party has set a reserve price, such reserve price shall be kept confidential and reference shall be made thereto when evaluating the bids.

　　Article 17　The bid evaluation committee shall systematically evaluate and compare bid documents in light of the bid evaluation standards and method specified in the bi

d invitation documents. Standards and methods not specified in the bid invitation documents may not be taken as the basis for evaluating the bids.

　　The bid evaluation standards and method specified in the bid invitation documents shall be reasonable, and may not include content that favours, or discriminates against, potential bidders and may not impede or restrict competition between the bidders.

　　Article 18　The bid evaluation committee shall rank the bid documents by order of bid quotes or in accordance with another method specified in the bid invitation documents. If quotes are submitted in several currencies, such quotes shall be converted into Renminbi at the median of the exchange rates posted by the People's Bank of China on the date the bids are opened.

　　Provisions concerning exchange rate standards and exchange risk shall be specified in the bid invitation documents. If no such provisions are specified, the exchange risk shall be borne by the bidders.

　　Article 19　The bid evaluation committee may require a bidder in writing to provide the necessary clarification, explanation, supplementation or correction of the parts of its bid documents that are unclear, statements in its bid documents on the same issue that are inconsistent or obvious typographical or computational errors in its bid documents. Clarifications, explanations, supplementations and corrections shall be made in writing and may not exceed the scope of the bid documents or modify the substantive contents of the bid documents.

　　In the event of a discrepancy between an amount written in words and the amount written in numbers in bid documents, the amount w

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