中华人民共和国招标投标法 Invatation and Submission of Bids Law of the Peoples Republic of China

(Adopted by the 11th Meeting of the Standing Committee of the Ninth National People's Congress on August 30,1999, promulgated by order No.21 of the President of People's Republic of China on August 30,1999, and effective as of January 1, 2000)
颁布日期：19990830 　实施日期：20000101 　颁布单位：全国人大常委会

　　Contents

　　Chapter 1 General Provisions

　　Chapter 2 Invitation of Bids

　　Chapter 3 Submission of Bids

　　Chapter 4 Opening of Bids, Evaluation of Bids and Determination of the Winning Bidder

　　Chapter 5 Legal Liability

　　Chapter 6 Supplementary Provisions

　　Chapter 1 General Provisions

　　Article 1 This Law is enacted in order to standardize bid invitation and bid submission activities, to protect the interests of the State, the public interests and the lawful rights and interests of the parties involved in the bid invitation and bid submission activities, to increase economic benefits and to guarantee project quality.

　　Article 2 This Law applies to bid invitation and bid submission activities conducted in the People's Republic of China.

　　Article 3 Bids must be invited for the following construction projects undertaken in the People's Republic of China, including surveying for, and design, construction and supervision of, the projects as well as the procurement of import equipment, materials, etc. for the construction:

　　(1) projects with a bearing upon the public interest and public safety such as large-scale infrastructure projects, public utility projects, etc.;

　　(2) projects that are totally or partially funded by the investment of State-owned funds or financed by the State;

　　(3) projects using loans form international organizations or foreign governments, or aid funds.

　　The specific range and scale standards for the projects enumerated in the preceding paragraph shall be formulated by the State Council's development planning department in conjunction with the other relevant departments of the State Council, and then submitted to the State Council for approval.

　　If any law or the State Council has provisions on the range of other projects that are subject to the invitation of bids, those provisions shall prevail.

　　Article 4 No unit or individual may divide a project which legally requires the invitation of bids into several small parts or otherwise avoid the invitation of bids.

　　Article 5 Bid invitation and bid submission activities shall follow the principle of openness, fairness, impartiality and good faith.

　　Article 6 The bid invitation and bid submission activities for a project which legally requires the invitation of bids shall not be subject to territorial or departmental restrictions. No unit or individual may illegally restrict or preclude the participation in bid submission by legal persons or other organizations from outside his or its own region or network and may not in any manner illegally interfere in the bid invitation and bid submission activities.

　　Article 7 Bid invitation and bid submission activities and the parties involved shall subject to lawfully implemented supervisions.

　　The relevant administrative supervision departments shall supervise bid invitation and bid submission activities according to law, and shall investigate and handle illegal acts committed during bid invitation and bid submission activities.

　　The administrative supervision of bid invitation and bid submission activities and the specific division of functions and powers among the relevant departments shall be formulated by the State Council.

　　Chapter 2 Invitation of Bids

　　Article 8 A bid inviting party is a legal person or other organization that puts forward a project and invites bids therefor according to this Law.

　　Article 9 If the relevant provisions of the State require that project examination and approval p

rocedures be carried pot for a certain project for which bids are to be invited, the examination and approval procedures shall be carried out and approval shall be obtained first.

　　The bid inviting party shall have the appropriate amount of funds, or have secured the source of funds, for conducting an invitation of bids, and the same shall be truthfully specified in the bid invitation documents.

　　Article 10 Invitation of bids are divided into public invitation of bids and private invitation of bids.

　　The term "public invitation of bids" refers to the method whereby the bid inviting party, through a bid invitation announcement, invites unspecified legal persons or other organizations to submit bids.

　　The term "private invitation of bids" refers to the method whereby the bid inviting party, through a bid invitation letter, invites specified legal persons or other organizations to submit bids.

　　Article 11 If public invitation of bids is not appropriated for a certain project which the development planning department of the State council has determined to be a key State project or which the people's government of the province, autonomous region or municipality directly under the Central Government has determined to be a key local project, a private invitation of bids may be conducted, subject to the approval of the development planning department of the State Council or the people's government of province, autonomous region or municipality directly under the Central Government.

　　Article 12 A bid inviting party has the right to appoint a bid invitation agency of its own choice to carry out bid invitation matters. No unit or individual may in any way designate a bid invitation agency for the bid inviting party.

　　A bid inviting party which has the capability to prepare the bid invitation documents and organize the bid evaluation may carry out the bid invitation matters itself. No unit or individual agency may coerce it into appointing a bid invitation agency to carry out the bid invitation matters.

　　A bid invitation party which carries out bid invitation matters itself for a project for which the invitation of bids is legally required shall report the same to the relevant administrative supervision departments for the record.

　　Article 13 A bid invitation agency is a social intermediary organization which is established according to law and engages in the bid invitation agency business and provides related services.

　　A bid invitation agency shall meet the following requirements:

　　(1) possess business premises and the appropriate amount of funds to engage in the bid invitation agency business;

　　(2) possess the specialized capability necessary to prepare bid invitation documents and organize bid evaluations;

　　Article 14 The qualifications of bid invitation agencies engaging in the bid invitation agency business for construction projects must be subject to recognition by the competent department of construction administration of the State Council or of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The specific measures are to be formulated by the competent department of construction administration of the State Council together with the relevant departments of the State Council. The competent department for recognizing the qualifications of bid invitation agencies engaging in other bid invitation agency business shall be specified by the State Council.

　　No superior-subordinate relationship or other relationship of shared interest may exist between a bid invitation agency and administrative agencies or other State organs.

　　Article 15 A bid invitation agency shall undertake bid invitation matters within the scope of commission of the bid inviting party, and shall observe the provision of this Law on bid inviting party.

　　Art

icle 16 If the bid inviting party employs the public invitation of bids method, it shall issue a bid invitation announcement. The bid invitation announcement for a project for which the invitation of bids id legally required shall be issued in a State-designated newspaper or periodical, on a State-designated information network or in other State-designated media.

　　The bid invitation announcement shall specify such matters as the name and address of the bid inviting party, the nature, quantities, location and time of the project, the method of obtaining the bid invitation documents, etc.

　　Article 17 If the bid inviting party employs the private invitation of bids method, it shall send a bid invitation letter to at least three specific legal persons or other organizations which have the ability to handle the project and which have a good credit standing.

　　The bid invitation letter shall specify the matters stipulated in Paragraph 2 of Article 16 of this Law.

　　Article 18 Depending on the requirements of the project, the bid inviting party may require, in the bid invitation announcement or the bid invitation letter, that potential bidders provide the relevant documents certifying their qualifications and details of their business situation and may investigate the qualifications of potential bidders. If there are State regulations on the qualification requirements of bidders, such regulations shall prevail.

　　A bid inviting party may not restrict or preclude potential bidders by specifying unreasonable conditions and may not discriminate against potential bidders.

　　Article 19 The bid inviting party shall prepare bid invitation documents according to the special characteristics and requirements of the project. The bid invitation documents shall sp

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