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

conclude a contract with the bid inviting party, its bid deposit shall not be returned and its status of winning bidder shall be revoked. If the loss incurred by the bid inviting party as a result thereof exceeds the amount of the bid deposit, the winning bidder shall compensate the bid inviting party for the portion of the loss exceeding the amount of the bid deposit. If the winning bidder did not provide a bid deposit, it shall be liable for compensating the bid inviting party for the loss that it incurred.

　　If the bid inviting party procrastinates in the determination of the winning bidder or fails to enter into a contract with the winning bidder without a legitimate reason, it shall be given a warning and, in accordance with the circumstances, may be subjected to a fine of not more than Rmb 10,000. If the winning bidder incurred losses as a result thereof, the bid inviting party shall additionally compensate for such losses.

　　PART SEVEN　SUPPLEMENTARY PROVISIONS

　　Article 58　Bid evaluations for projects other than those legally requiring bid invitations shall be carried out with reference to these Provisions.

　　Article 59　With regard to bid evaluations for tendered projects that make use of loans or aid funds from international organizations or foreign governments, if the lender or financier has other regulations concerning the bid evaluation committee or the bid evaluation method, such regulations shall apply unless they run counter to the public interest of the People's Republic of China.

　　Article 60　In the event of a discrepancy between these Provisions and regulations concerning bid evaluation institutions and bid evaluation methods pre-dating the promulgation of these Provisions, these Provisions shall prevail. If laws or administrative regulations provide otherwise, such provisions shall prevail.

　　Article 61　The State Development Planning Commission, in concert with relevant authorities, is in charge of interpreting these Provisions.

　　Article 62　These Provisions shall be implemented as of the date of promulgation

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