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

he bid evaluation committee for the relevant project. Those already sitting on the committee shall be replaced.

　　The list of members of the bid evaluation committee shall be kept confidential until the winning bidder has been determined.

　　Article 38 The bid inviting party shall take the st

eps necessary to ensure that strict confidentiality is maintained during the evaluation of the bids.

　　No unit or individual may illegally intervene in or influence the course and result of the bid evaluation.

　　Article 39 The bid evaluation committee may require bidders to give the necessary clarification or explanation of those contents of the bid documents whose meaning is not clear. However, such clarification or explanation may not exceed the scope of the bid documents or change the substantive contents of the bid documents.

　　Article 40 The bid evaluation committee shall evaluate and compare the bid documents according to the evaluation standards and methods determined in the bid invitation documents. If a reserve price has been set, reference shall be made thereto. After the bid evaluation committee has completed the evaluation, it shall submit a written bid evaluation report to the bid inviting party and recommend qualified candidates for the status of winning bidder.

　　The winning bidder shall be determined by the bid inviting party on the basis of the written bid evaluation report submitted, and the candidates for the status of winning bidder recommended, by the bid evaluation committee. Alternatively, the bid inviting party may authorize the bid evaluation committee to directly determine the winning bidder.

　　If the State Council has special provisions concerning the evaluation of bids for special projects, such provisions shall prevail.

　　Article 41 The bid of the winning bidder shall meet the following conditions:

　　(1)it conforms to the greatest possible extent with all of the overall evaluation standards specified in the bid invitation documents;

　　(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 42 If, upon evaluation, the bid evaluation committee consider that none of the bids to meet the requirements of the bid invitation documents, it may reject all of the bids.

　　If all the bids for a project which legally requires the invitation of bids are rejected, the bid inviting party shall invite bids anew according to this Law.

　　Article 43 Until the winning bidder has been determined, the bid inviting party may not hold negotiations with bidders on substantive contents such as bid price, bid plans, etc.

　　Article 44 The members of the bid evaluation committee shall perform their duties in an objective and impartial manner, observe their professional ethics and bear personal liability for the evaluation opinions put forward by them.

　　The member of the bid evaluation committee may not have private contacts with bidders or accept property or other benefits from bidders.

　　The members of the bid evaluation committee and the relevant working personnel participating in the evaluation may not disclose details of the evaluation and comparison of the bid documents, details of the recommendation of candidates for the status of winning bidder and other relevant details of the bid evaluation.

　　Article 45 After the winning bidder has been determined, the bid inviting party shall issue a letter of acceptance to the winning bidder and simultaneously inform all the losing bidders of the result of the determination of the winning bidder.

　　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 renounces the project which it has won, after the letter of acceptance has been issued, it shall assume legal liability therefor according to law.

　　Article 46 The bid inviting party and the winning bidder shall conclude a written contract according to the bid invitation documents and the winning bidder's bid documents within 30

days of the date of issuance of the letter of acceptance. The bid inviting party and the winning bidder may not subsequently conclude other agreement which contravene the substantive terms of the contract.

　　The winning bidder shall pay a performance bond if the bid invitation documents require the winning bidder to do so.

　　Article 47 For projects which legally requires the invitation of bids, the bid inviting party shall submit a written report on the invitation and submission of bids to the relevant administrative supervision department within 15 days of the date of determination of the winning bidder.

　　Article 48 The winning bidder shall perform its obligations, and complete the project which it has won, according to the contract. The winning bidder may not assign the project which it has won to a third party, or break up the project which it has won and subsequently assign the parts to third parties.

　　Subject to the provisions of the contract or the consent of the bid inviting party, the winning bidder may subcontract out the completion of some of the non-principal, non-key parts of the work for the project which it has won. The subcontractors shall possess the appropriate qualifications required and may not subcontract its project.

　　The winning bidder shall be accountable to the bid inviting party for the subcontracted projects, and the subcontractors shall bear joint and several liability for the subcontracted projects.

　　Chapter 5 Legal Liability

　　Article 49 Anyone who violates the provisions of this Law by failing to invite bids for a project for which bids must be invited, or by breaking up a project for which bids must be invited into several small parts or by otherwise avoiding the invitation of bids, shall be ordered to make amends within a specified time limit, and may be imposed a fine of mot less than 0.5% nor more than 1% of the amount of the project contract; if the project is entirely or partially funded with State-owned funds, the implementation of the project or allocation of funds may be suspended. the persons in charge directly responsible and the other directly responsible persons of the unit shall be disciplined according to law.

　　Article 50 If a bid invitation agency violates the provisions of this Law by disclosing details or materials which relate to the bid invitation and submission procedures and are subject to maintenance of confidentiality, or if it colludes with the bid inviting party or a bidder in order to harm the interests of the State, the public interest or the lawful rights and interests of a third party, it shall be imposed a fine of not less than 50,000 yuan nor more than 250,000 yuan, and the persons in charge directly responsible and the other directly responsible persons of the unit shall be imposed a fine of not less than 5% nor more than 10% of the amount of the fine imposed upon the unit; if there are illegal earnings, such illegal earnings shall also be confiscated; if the circumstances are serious, the agency's qualifications to act as bid invitation agent shall be suspended or revoked; if a crime is constituted, criminal liability shall be investigated according to law. If losses are caused to others, liability for compensation shall be assumed according to law.

　　If any of the acts mentioned in the preceding paragraph has an impact on the result of the determination of the winning bid, the acceptance of the winning bid shall be void.

　　Article 51 It the bid inviting party imposes unreasonable conditions to restrict or preclude potential bidders or if it discriminates against potential bidders, or if it imposes on bidders a mandatory requirement to organize a consortium or if it restricts the competition among the bidders, it shall be ordered to make amends and may be imposed a fine of not less than 10,000 yuan nor more than 50,000 yuan

　　Article 52 If the party inviting bids for a pr

oject which legally requires the invitation of bids discloses to others 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, or if it discloses the reserve price, it shall be given a warning and may additionally be imposed a fine of not less than 10,000 yuan nor more than 50,000 yuan; the persons in charge directly responsible and the other directly responsible persons of the unit shall be disciplined according to law; if a crime is constituted, criminal liability shall be investigated according to law.

　　If any of the acts mentioned in the preceding has an impact on the determination of the winning bid, the acceptance of the winning bid shall be void.

　　Article 53 If a bidder colludes with one or more other bidders or with the bid inviting party in the submission of its bid, or if a bidder seeks to win the project by offering a bribe to the bid inviting party or one or more of the members of the bid evaluation committee, the acceptance of its bid shall be void, the bidder shall be imposed a fine of not less than 0.5% nor more than 1% of the amount of the project which it won and the persons in charge directly responsible and the other directly responsible persons of the unit shall be imposed a fine of not less than 5% nor more than 10% of the amount of the fine imposed upon the unit; if there are illegal earnings, such illegal earnings shall be confiscated; if the circumstances

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