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

the bid evaluation committee may examine the incentives proffered by the bidders in order to determine whether to grant the tendered project as a unified contract to the winning bidder. If the tendered project is granted as a unified contract, the bid of the winning bidder of the unified contract shall be the one that is the most favourable to the bid inviting party.

　　Article 40　The bid evaluation and decision shall be co

mpleted within 30 working days before the expiration date of the bids. If the bid evaluation and decision cannot be completed within 30 working days before the expiration date of the bids, the bid inviting party shall notify all the bidders that they should extend the validity of their bids. Bidders that refuse to extend the validity of their bids have the right to recover their bid deposits. Bidders that agree to extend the validity of their bids shall effect a corresponding extension of the validity of their bid security, but they may not amend the substantive contents of their bid documents. If bidders incur losses due to the extension of the validity of their bids, the bid inviting party shall compensate such bidders, unless the validity of the bids needed to be extended due to the occurrence of an event of force majeure.

　　The bid invitation documents shall specify the term of validity of bids. The term of validity of bids shall commence from the deadline for the submission of the bid documents.

　　PART FIVE　RECOMMENDATION OF CANDIDATES FOR WINNING BIDDER AND DETERMINATION OF THE WINNING BIDDER

　　Article 41　If during the bid evaluation process the bid evaluation committee discovers any problems, it shall deal with such problems in a timely manner or submit a proposal for dealing with the problems to the bid inviting party, and make a written record thereof.

　　Article 42　After completion of the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the bid inviting party and forward a copy to the relevant administrative supervisory authority. The bid evaluation report shall truthfully record the following particulars:

　　1. basic details and a table of the data;

　　2. the list of members of the bid evaluation committee;

　　3. the bid opening record;

　　4. a table of the qualifying bids;

　　5. an explanation of the invalid bids;

　　6. a table of the bid evaluation standards and method or bid evaluation factors;

　　7. a table comparing the evaluated prices or evaluation scores;

　　8. a ranking of the evaluated bidders;

　　9. a list of the recommended candidate(s) for winning bidder and the matters that require handling before entry into the contract; and

　　10. summary of matters that have been clarified, explained, supplemented or corrected.

　　Article 43　The bid evaluation report shall be signed by all the members of the bid evaluation committee. Any member of the bid evaluation committee with a dissenting opinion on the conclusions of the bid evaluation may state his differing opinion and the reasons therefor in writing. If a member of the bid evaluation committee refuses to sign the bid evaluation report but does not state his dissenting opinion and the reasons therefor, he shall be deemed to be in agreement with the conclusions of the bid evaluation. The bid evaluation committee shall prepare a written explanation of the foregoing and place the same on file.

　　Article 44　The bid evaluation committee is dissolved once it has submitted the bid evaluation report to the bid inviting party. The documents, forms and other information used during the bid evaluation process shall be promptly returned to the bid inviting party.

　　Article 45　The candidates for winning bidder recommended by the bid evaluation committee shall be limited to one to three parties and the ranking thereof shall be indicated.

　　Article 46　The bid of the winning bidder shall satisfy either of the following conditions:

　　1. it most closely satisfies all of the overall evaluation standards specified in the bid invitation documents; or

　　2. it satisfies the substantive requirements of the bid invitation documents and its bid price is the lowest among those evaluated, except for bid prices below cost.

　　Article 47　Until the winning bidder has been determined, the bid i

nviting party may not hold negotiations with bidders on substantive particulars such as bid prices, bid plans, etc.

　　Article 48　For projects that make use of investment in the form of State funds or State financing, the bid inviting party shall determine the first ranked candidate for winning bidder to be the winning bidder. If the first ranked candidate declines to be the winning bidder or states to be unable to perform the contract due to force majeure or if the bid invitation documents specify that a performance bond be paid but it fails to pay such bond within the specified time limit, the bid inviting party may determine the second ranked candidate to be the winning bidder.

　　If the second ranked candidate for winning bidder is unable to enter into the contract for any of the reasons specified in the preceding paragraph, the bid inviting party may determine the third ranked candidate to be the winning bidder.

　　The bid inviting party may authorize the bid evaluation committee to determine the winning bidder directly.

　　If State Council regulations provide otherwise concerning the determination of the winning bidder, such regulations shall prevail.

　　Article 49　After the winning bidder has been determined, the bid inviting party shall issue a letter of acceptance to the winning bidder, simultaneously notify the losing bidders and, within 30 working days, enter into a contract with the winning bidder.

　　Article 50　The letter of acceptance shall be legally binding on the bid inviting party and the winning bidder. If the bid inviting party changes the result of the determination of the winning bidder, or the winning bidder declines to be winning bidder, after the letter of acceptance has been issued, the relevant party shall assume legal liability therefor.

　　Article 51　The bid inviting party shall conclude a written contract with the winning bidder in accordance with the bid invitation documents and the winning bidder's bid documents. The bid inviting party and the winning bidder may not subsequently conclude other agreements that contravene the substantive terms of the contract.

　　Article 52　Within five working days after entering into the contract with the winning bidder, the bid inviting party shall return the bid deposits to the winning bidder and the losing bidders.

　　PART SIX　PENAL PROVISIONS

　　Article 53　If a member of a bid evaluation committee abandons his duties without permission during the bid evaluation, thereby affecting the normal progress of such procedure, or if he fails to perform his duties in an objective and impartial manner during the evaluation, he shall be given a warning. If the circumstances are serious, he shall be disqualified as a member of the bid evaluation committee and may not participate in the evaluation of bids for any future project for which the invitation of bids is legally required. In addition, he shall be subjected to a fine of not more than Rmb 10,000.

　　Article 54　If a member of a bid evaluation committee accepts property or other benefits from a bidder or another party with a vested interest in the outcome of the bid or if a member of a bid evaluation committee or a member of the working personnel connected with the bid evaluation discloses to others details of the evaluation and comparison of the bid documents, the recommendation of candidates for winning bidder or other information concerning the bid evaluation, he shall be given a warning and the property accepted shall be confiscated, and he may additionally be subjected to a fine of not less than Rmb 3,000 and not more than Rmb 50,000. A member of a bid evaluation committee who has committed any of the foregoing acts shall be disqualified as a member of the bid evaluation committee and may not participate in the evaluation of bids for any future project for which the invitation of bids is legally required. If a criminal offence is constit

uted, his criminal liability shall be pursued in accordance with the law.

　　Article 55　If the winning bidder determined by the bid inviting party was not among the candidates lawfully recommended by the bid evaluation committee, or if all the bids for a project that legally requires the invitation of bids have been rejected by the bid evaluation committee but the bid inviting party subsequently and on its own authority determines a bidder to be the winning bidder, the acceptance of the winning bidder's bid shall be void and the bid inviting party shall be ordered to rectify the situation and may be subjected to a fine of not less than 0.5% and not more than 1% of the amount of the project for which it determined the winning bidder. The persons directly in charge and other directly responsible personnel of the work unit shall be disciplined according to the law.

　　Article 56　If the bid inviting party and the winning bidder fail to conclude a contract in accordance with the bid invitation documents and the winning bidder's bid documents, or if the bid inviting party and the winning bidder conclude an agreement that contravenes the substantive terms of the contract, they shall be ordered to rectify the situation and may be subjected to a fine of not less than 0.5% and not more than 1% of the amount of the project won.

　　Article 57　If the winning bidder does not

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