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

are serious, the bidder's bidding qualifications for projects which legally require the invitation of bids shall be suspended for one to two years and the same shall be publicly announced, or the administrative department for industry and commerce shall revoke its business license; 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.

　　Article 54 If a bidder submits its bid in the name of a third party or uses other fraudulent means to have its bid accepted, the acceptance of the bid shall be void; if losses are caused to the bid inviting party, it shall assume liability for compensation according to law; if a crime is constituted, criminal liability shall be investigated according to law.

　　If a bidder for a project which legally requires the invitation of bids commits any of the acts mentioned in the preceding paragraph but the circumstances are not serious enough to constitute a crime, it 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 are serious, the bidder's bidding qualifications for projects which legally require the invitation of bids shall be suspended for one to two years and the same shall be publicly announced, or the administrative department for industry and commerce shall revoke its business license; 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.

　　Article 55 If the party inviting bids for a project which legally requires the invitation of bids violates the provisions of this Law by holding negotiations with bidders on substantive contents such as bid prices, bid plans, etc., it shall be given a warning and the persons in charge directly responsible and the other directly responsible persons of the unit shall be disciplined 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 56 If a member of the bid evaluation committee accepts property or other benefits form a bidder, or if a member of the bid evaluation committee or relevant working personnel participating in the evaluation discloses to others details of the evaluation and comparison of the bid documents, the recommendation of candidates for the status of winning bidder or other relevant details of the bid evaluation, he shall be given a warning and the property accepted shall be confiscated, and he may additionally be imposed a fine of not less than 3,000 yuan nor more than 50,000 yuan; a member of the bid evaluation committee who has committed any of the aforementioned acts shall be stripped of his qualifications for membership of bid evaluation committee and may never again participate in the evaluation of bids for projects which legally require the invitation of bids; if a crime is constituted, criminal liability shall be investigated according to law.

　　Article 57 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 which 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, the bid inviting party shall be ordered to make amends and may be imposed a fine of not less than 0.5% nor more than 1% of the amount of the project for which it determined the winning bidder; the persons in charge directly responsible and the other directly responsible persons of the unit shall be disciplined according to law.

　　Article 58 If the winning bidder assigns the project which it has won to a third party, or break ups the project which it has won and subsequently assign the parts to third parties, or violates the provisions of this Law by subcontracting out some of the principal or key parts of the work for project which it has won, or if a subcontractor sub-contracts its project, the assignment, subcontracting or sub-contracting shall be void and the winning bidder or the subcontractor, as the case may be, shall be imposed a fine of not less than 0.5% nor more than 1% of the amount of the project assigned, subcontracted or sub-contracted; if there are illegal earnings, such illegal earnings shall be confiscated; the winning bidder or the subcontractor, as the case may be, may be ordered to suspend business and rectify the situation; if the circumstances are serious, its business license shall be revoked by the administrative department for industry and commerce.

　　Article 59 If the bidder inviting party and the winning bidder fail to conclude a contract according to the bid invitation documents and the winning bidder's bid documents, or if the bid inviting party and the winning bidder conclude an agreement which contravenes the substantive terms of the contract, they shall be ordered to make amends and may be imposed a fine of not less than 0.5% nor more than 1% of the amount of the project won.

　　Article 60 If the winning bidder fails to perform the contract concluded with the bid inviting party, the performance bond shall not be refunded; if the losses caused to the bid inviting party exceed the amount of the performance bond, the winning bidder shall also compensate for the excess; if the winning bidder did not pay a performance bond, it shall be liable for compensation of the losses suffered by the bid inviting party.

　　If the winning bidder fails to perform its obligation according to the contract concluded with the bid inviting party and the circumstances are serious, its bidding qualifications for projects which legally require the invitation of bids shall be suspended for two to five years and the same shall be publicly announced, or th

e administrative department for industry and commerce shall revoke its business license.

　　The preceding two paragraphs shall not apply if the non-performance of the contract was due to force majeure.

　　Article 61 The decision to impose administrative penalties under this Chapter shall be made by the relevant administrative supervision department designated by the State Council, except in instances where this Law has already designated the department to impose the administrative penalty.

　　Article 62 If, in violation of this Law, any unit restricts or precludes the participation in bid submission by legal persons or other organizations from outside its own region or network, or designates a bid invitation agency for the bid inviting party, or coerces a bid inviting party into appointing a bid invitation agency to carry out the bid invitation matters or otherwise intervenes in the bid invitation and bid submission activities, it shall be ordered to make amends; the persons in charge directly responsible and the directly responsible persons of the unit shall be given a warning and have a demerit or serious demerit recorded according to law; if the circumstances are serious, such persons shall be disciplined by being demoted, dismissed or expelled according to law.

　　If an individual abuses his powers to commit any of the illegal acts mentioned above, his liability shall be investigated according to the provisions of the preceding paragraph.

　　Article 63 If working staff of the State organs legally charged with the duty to carry out administrative supervision of bid invitation and submission activities commit favoritism, graft, abuse of powers or dereliction of duties, thereby constituting a crime, their criminal liability shall be investigated according to law; if no crime is constituted, they shall be given administrative sanctions according to law.

　　Article 64 If the acceptance of the winning bidder's bid for a project which legally requires the invitation of bids is void due to violation of the provisions of this Law, the winning bidder shall be determined anew from the remaining bidders according to the conditions specified in this Law for determination of the winning bidder, or bids shall be invited anew according to this Law.

　　Chapter 6 Supplementary Provisions

　　Article 65 If a bidder or another interested party considers bid invitation and submission procedures not to be in conformity with the relevant provisions of this Law, it or he shall have the rights to lodge an objection with the bid inviting party or to complain to the relevant administrative supervision department according to law.

　　Article 66 Subject to the relevant provisions of the State, the invitation of bids shall not be required for projects with special circumstances not suited to the invitation of bids, such as those which involve State security, State secrets or emergency rescue, the use of poverty relief funds as remuneration for people in poor areas given employment rather than outright aid, or the need to use farmer workers.

　　Article 67 Where bids are invited for a project using a loan from an international organizations or foreign government or aid funds, and the lender or financier has different provisions in respect of the specific conditions and procedures for the invitation and submission of bids, its provision

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/