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

ecify all substantive requirements and conditions, including the technical requirements for the project, the standards for the examination of the bidders' qualifications, bid price requirements, the bid evaluation standards, etc. and the principal terms of the contract to be executed.

　　If the State has regulations concerning the technology and standards for the project for which bids are invited, the bid inviting party shall include the corresponding requirements in the bid invitation documents according to those regulations.

　　If the project for which bids are invited needs to be split up into phases and the construction period needs to be specified, the bid inviting party shall split up the project into reasonable phases and specify a reasonable construction period and specify the same in the bid invitation documents.

　　Article 20 The bid invitation documents may not require or specify a specific procedure or supplier or contain other particulars which favor or preclude potential bidders.

　　Article 21 In accordance with the specific circumstances of the project for which bids are invited, the bid inviting party may organize an on-the-spot survey of the project for the potential bidders.

　　Article 22 The bid inviting party may not disclose to a third party the names or number of potential bidders which have received bid invitation documents or other bid invitation and bid submission details which could affect fair competition.

　　If the bid inviting party has set a reserve price, the confidentiality of the reserve price shall be maintained.

　　Article 23 If the bid inviting party makes necessary clarification or amendments to the bid invitation documents, it shall notify in writing all the parties that have received the bid invitation documents at least 15 days before the deadline for the submission of bidding documents specified in the bid invitation documents. The contents of the clarifications or amendments shall become an integral part of the bid invitation documents.

　　Article 24 The bid inviting party shall set a reasonable time necessary for the bidders to prepare thei

r bid documents. However, for projects which legally require the invitation of bids, the time between the date on which the issue of the bid invitation documents commences and the deadline for the submission of bid documents by the bidders may not be less than 20 days.

　　Chapter 3 Submission of Bids

　　Article 25 A bidder is a legal person or other organization which responds to an invitation of bids and participates in the bidding competition.

　　If a scientific research project for which bids are invited according to law permits individuals to participate in the bidding, the provisions of this Law concerning bidders shall apply to those individuals submitting bids.

　　Article 26 A bidder shall have the capability to undertake the project for which bids are invited. If the relevant provisions of the State or the bid invitation documents specify requirements as to bidder qualifications, the bidders shall possess the required qualifications.

　　Article 27 A bidder shall prepare its bid documents according to the requirements of the bid invitation documents. The bid documents shall respond to the substantive requirements and conditions put forward in the bid invitation documents.

　　If the project for which bids are invited is for construction work, the particulars of the bid documents shall include the resumes and business achievements of the person in charge of the project and the principal technical personnel intended to appoint, and the machinery and equipment intends to use in completing the project, etc.

　　Article 28 The bidders shall deliver the bid documents to the bid submission address before the deadline for the submission of bid documents specified in the bid invitation documents. After receiving the bid documents, the bid inviting party shall sign for receipt and preserve the same, and may not open them. If there are fewer than three bidders, the bid inviting party shall invite bids anew according to this Law.

　　The bid inviting party shall refuse to accept bid documents which are delivered after the deadline for the submission of bid documents specified in the bid invitation documents.

　　Article 29 Before the deadline for the submission of bid documents specified in the bid invitation documents passes, a bidder may supplement, amend or withdraw the bid documents it has submitted, and it shall notify the bid inviting party thereof in writing. The content of the supplementation or amendments shall become an integral part of the bid documents.

　　Article 30 If a bidder, on the basis of the actual circumstances of the project as specified in the bid invitation documents, intends to subcontract out some of the non-principal, non-key parts of the work after its bid is accepted, it shall specify the same in the bid documents.

　　Article 31 Two or more legal persons or other organizations may organize as a consortium and jointly submit a bid as a single bidder.

　　Each of the members of a consortium shall have the appropriate capability to undertake the project for which bids are invited. If the relevant provisions of the State or the bid invitation documents specify requirements as to bidder qualifications, each of the members of the consortium shall possess the corresponding required qualifications. If the consortium is composed of units that specialize in the same field, the qualification grade of the consortium shall be determined according to the qualification grade of the unit with the lowest qualification grade.

　　The members of a consortium shall execute an agreement for joint submission of a bid, clearly specifying the work and responsibilities each member intends to undertake, and shall submit such agreement together with the bid documents to the bid inviting party. If the wining bid was submitted by a consortium, the member of the consortium shall jointly execute a contract with the bid inviting party and bear joint a

nd several liability towards the bid inviting party for the project that they have won.

　　A bid inviting party may not coerce bidders into organizing a consortium to jointly submit a bid and may not restrict the competition among the bidders.

　　Article 32 Bidders may not collude on the bid price, may not preclude fair competition form other bidders or prejudice the lawful rights and interests of the bid inviting party or other bidders.

　　Bidders and the bid inviting party may not collude in the submission of bids in order to harm the interests of the State, the public interest or the lawful rights and interests of a third party.

　　Bidders are prohibited from bribing the bid inviting party or members of the bid evaluation committee in order to have their bid accepted.

　　Article 33 A bidder may not submit a below cost bid price in competing for a project, or submit its bid in the name of a third party or use other fraudulent means to have its bid accepted.

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

　　Article 34 The bids shall be opened in public at the time of the deadline for submission of the bid documents as determined in the bid invitation documents. The bids shall be opened at the predetermined place specified in the bid invitation documents.

　　Article 35 The opening of the bids shall be presided over by the bid inviting party, and all the bidders shall be invited to attend.

　　Article 36 When opening the bids, the bid inviting party or the representative chosen by him shall inspect the status of the seals on the bids; alternatively, the same may be inspected and notarized by a notarial institution appointed by the bid inviting party. After the seals have been confirmed to be intact, the working personnel shall break the seals in public and read out the names and bid prices of the bidders and other major particulars of the bid documents.

　　All bid documents received by the bid inviting party by the deadline for submission of bid documents as specified in the bid invitation documents shall have their seals broken and be read out in public at the time the bids are opened.

　　Minutes shall be kept of the bid opening procedures and be filed for future reference.

　　Article 37 Bid evaluation shall be the responsibility of a bid evaluation committee organized according to law by the bid inviting party.

　　If a project legally requires the invitation of bids, the bid evaluation committee shall be composed of the representative of the bid inviting party and the relevant experts in technology, economics, etc. The number of members shall be an odd number of five or more, and the number of experts in technology and economics, etc. shall account for at least two-thirds of the total.

　　The experts referred to in the preceding paragraph shall have worked in their relevant fields for at least eight years and have a senior title pr attained an equivalent professional level. They shall be selected by the bid inviting party from the list of experts provided by the relevant departments of the State Council or the relevant departments of the people's government of the province, autonomous region or municipality directly under the Central Government or from the list of experts in the relevant fields forming part of the bid invitation agency's pool of experts. For ordinary projects, the experts may be selected at random. For special projects, they may be determined directly by the bid inviting party directly.

　　Persons with a material interest in the bid inviting party may not sit on t

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/