Chapter 1 General Provisions

Article 1 is to regulate bidding activities，Protect national interests、Social public interests and the legitimate rights and interests of the parties involved in bidding activities，Improve economic efficiency，Guarantee project quality，Enact this law。

Article 2 Bidding activities within the territory of the People’s Republic of China，This law applies。

Article 3 The following engineering construction projects shall be carried out within the territory of the People's Republic of China, including the survey of the projects、Design、Construction、Supervision and important equipment related to project construction、Purchasing of materials, etc.，Tendering is required:

(1) Large infrastructure、Public utilities, etc. are related to social and public interests、Public safety projects；

(2) Projects that use state-owned capital investment or state financing in whole or in part；

(3) Using loans from international organizations or foreign governments、Projects of aid funds。

Specific scope and scale standards for the projects listed in the preceding paragraph，Formulated by the Development Planning Department of the State Council in conjunction with relevant departments of the State Council，Submit to the State Council for approval。

The scope of other projects that must be tendered is stipulated by law or the State Council，In accordance with its regulations。

Article 4: No unit or individual may break projects that require bidding according to law into parts or avoid bidding in any other way。

Article 5 Bidding and bidding activities shall be open to the public、Fair、Principles of fairness and good faith。

Article 6 Projects that require bidding according to law，The bidding activities are not restricted by regions or departments。No unit or individual may illegally restrict or exclude this region、Legal persons or other organizations outside this system participate in the bidding，No illegal interference in bidding activities in any way。

Article 7 Bidding activities and the parties involved shall be subject to supervision in accordance with the law。

Relevant administrative supervision departments supervise bidding activities in accordance with the law，Investigate and deal with illegal activities in bidding activities in accordance with the law。

Administrative supervision of bidding activities and specific division of powers of relevant departments，Stipulated by the State Council。

Chapter 2 Bidding

Article 8 The tenderer proposes the bidding project in accordance with the provisions of this law、Legal person or other organization conducting bidding。

Article 9 Bidding projects that require project approval procedures in accordance with relevant national regulations，Approval procedures should be completed first，Approved。

The tenderer should have the corresponding funds for the bidding project or the source of funds has been implemented，And it shall be truthfully stated in the bidding documents。

Article 10 Bidding is divided into public bidding and invitation bidding.

Open bidding，Refers to the tenderer inviting unspecified legal persons or other organizations to bid in the form of a tender announcement。

Invitation to bid，refers to the tenderer inviting specific legal persons or other organizations to bid in the form of a bid invitation。

Article 11 National key projects and provinces determined by the development planning department of the State Council、Autonomous Region、Local key projects determined by the people's government of the municipality directly under the Central Government are not suitable for public bidding，Approved by the development planning department of the State Council or the province、Autonomous Region、Approved by the People's Government of the Municipality directly under the Central Government，Invitation bidding can be carried out。

Article 12 The tenderer has the right to choose the tendering agency，Entrust it to handle bidding matters。No unit or individual may designate a bidding agency for the bidder in any way。

The tenderer has the ability to prepare bidding documents and organize bid evaluation，You can handle the bidding matters by yourself。No unit or individual may be forced to entrust a bidding agency to handle bidding matters。

Projects that require bidding according to law，The tenderer handles tendering matters by himself，Should be filed with the relevant administrative supervision department。

Article 13 Bidding agencies are established in accordance with the law、A social intermediary organization engaged in bidding agency business and providing related services。

The bidding agency shall meet the following conditions:

(1) Having a business place and corresponding funds for engaging in bidding agency business；

(2) Have corresponding professional forces capable of preparing bidding documents and organizing bid evaluation；

Article 14

Tendering agencies must not have affiliations or other interest relationships with administrative agencies and other state agencies。

(Related information: Revision history)

Article 15 The bidding agency shall handle bidding matters within the scope entrusted by the bidder，And comply with the provisions of this law on tenderers。

Article 16 The bidder adopts public bidding method，Tender announcement should be issued。Tender announcement for projects that must be tendered according to law，Should be through newspapers and periodicals designated by the state、Information network or other media release。

The tender announcement shall state the name and address of the tenderer、Nature of the bidding project、Quantity、Implementation location and time, methods of obtaining bidding documents, etc.。

Article 17 The tenderer adopts the invitation bidding method，Three or more people who have the ability to undertake bidding projects、A specific legal person or other organization with good credit standing issues a bidding invitation。

The invitation to bid shall state the matters specified in paragraph 2 of Article 16 of this Law。

Article 18 The bidder may request the project according to the requirements of the bidding project，In the bidding announcement or bidding invitation，Require potential bidders to provide relevant qualification documents and performance information，And conduct qualification review of potential bidders；The state has regulations bet365 live casino and sports bettingon the qualifications of bidders，In accordance with its regulations。

The tenderer shall not restrict or exclude potential bidders with unreasonable conditions，No discriminatory treatment against potential bidders。

Article 19 The bidder shall prepare bidding documents according to the characteristics and needs of the bidding project。The bidding documents should include the technical requirements of the bidding project、Standards for Bidder Qualification Review、All substantive requirements and conditions such as bid quotation requirements and bid evaluation standards, as well as the main terms of the contract to be signed。

National technology for bidding projects、Standards stipulate，The tenderer shall put forward corresponding requirements in the tender documents in accordance with its regulations。

Bidding projects need to be divided into bid sections、Determine the construction period，The tenderer shall reasonably divide the bidding sections、Determine the construction period，And stated in the bidding documents。

Article 20 Bidding documents shall not require or indicate specific production suppliers or other content that favors or excludes potential bidders。

Article 21 The tenderer shall base his decision on the specific circumstances of the bidding project，Potential bidders can be organized to visit the project site。

Article 22 The tenderer shall not disclose to others the names of potential bidders who have obtained the tender documents、Quantity and other circumstances related to tendering and bidding that may affect fair competition。

If the tenderer sets a minimum bid, the minimum bid must be kept confidential.

Article 23 The tenderer makes necessary clarifications or modifications to the tender documents that have been issued，Tender documents should be submitted at least fifteen days before the deadline required by the bidding documents，Notify all recipients of bidding documents in writing。The clarification or modification is an integral part of the bidding documents。

Article 24 The tenderee shall determine the reasonable time required by the bidder to prepare the bidding documents；But，Projects that require bidding according to law，From the date the bidding documents are issued to the deadline for bidders to submit bid documents，The minimum period shall not be less than twenty days。

Chapter 3 Bidding

Article 25 Bidders respond to the bidding、Legal persons or other organizations participating in bidding competition。

Individuals are allowed to participate in bidding for scientific research projects that are tendered in accordance with the law，Individuals bidding shall be subject to the provisions of this law regarding bidders。

Article 26 Bidders shall have the ability to undertake bidding projects；Relevant national regulations stipulate the qualifications for bidders or the bidding documents stipulate the qualifications for bidders，The bidder shall meet the specified qualifications。

Article 27 Bidders shall prepare bidding documents in accordance with the requirements of the bidding documents。The bidding documents should respond to the substantive requirements and conditions proposed in the bidding documents。

The bidding project belongs to construction，The contents of the bidding document should include the resumes of the project leaders and key technical personnel to be dispatched、Achievements and machinery and equipment intended to be used to complete bidding projects, etc.。

Article 28 Bidders shall submit bid documents before the deadline required by the bidding documents，Send the bidding documents to the bidding location。After the tenderer receives the bidding documents，Should be signed for and saved，Do not open。With less than three bidders，The tenderer shall re-invite tenders in accordance with this law。

Tender documents delivered after the deadline for submission of tender documents required by the tender documents，The tenderer shall refuse the acceptance。

Article 29 Bidders must submit bid documents before the deadline required by the bidding documents，Can be added、Modify or withdraw submitted bid documents，And notify the tenderer in writing。Supplement、The modified content is an integral part of the bidding document。

Article 30 The bidder shall base on the actual situation of the project stated in the bidding documents，It is planned to transfer some non-subject parts of the winning project after winning the bid、Non-critical work is subcontracted，Should be stated in the bidding document。

Article 31 Two or more legal persons or other organizations may form a consortium，Bidding jointly as one bidder。

All parties in the consortium should have the corresponding capabilities to undertake bidding projects；Relevant national regulations or bidding documents stipulate the qualifications for bidders，All parties to the consortium shall meet the corresponding qualifications。A consortium composed of units in the same major，Determine the qualification level according to the unit with the lower qualification level。

All parties to the consortium shall sign a joint bidding agreement，Clearly agree on the work and responsibilities that each party intends to undertake，And submit the joint bidding agreement together with the bidding documents to the tenderer。The consortium won the bid，All parties to the consortium shall jointly sign a contract with the tenderer，Be jointly and severally liable to the bidder for the winning project。

The tenderer shall not force bidders to form a consortium to bid jointly，Competition between bidders shall not be restricted。

Article 32 Bidders shall not collude with each other in bidding quotations，Fair competition without excluding other bidders，Injury to the legitimate rights and interests of the tenderer or other bidders。

The bidder shall not collude with the tenderer to bid，Harm national interests、Public interests or the legitimate rights and interests of others。

Bidders are prohibited from bribing the tenderer or members of the bid evaluation committee to win the bid。

Article 33 Bidders shall not bid at a price lower than cost，You may not bid in the name of others or engage in other forms of fraud，Win the bid by cheating。

Chapter 4 Bid Opening, Bid Evaluation and Bid Winning

Article 34 The bid opening shall be held publicly at the same time as the deadline for submission of bid documents specified in the bidding documents；The bid opening location shall be the location predetermined in the bidding documents。

Article 35 The bid opening shall be hosted by the tenderee，All bidders are invited to participate。

Article 36 At the time of bid opening，The bidder or its elected representative shall check the sealing condition of the bid documents，It can also be inspected and notarized by a notary institution entrusted by the tenderer；After confirmation，Opened by staff in public，Read the name of the bidder、Tender bet365 casino live blackjackprice and other main contents of the tender document。

All bidding documents received by the tenderer before the deadline for submission of bid documents required by the bidding documents，Every bid should be opened in public、Read。

The bid opening process should be recorded and archived for future reference.

Article 37 The bid evaluation committee shall be responsible for the bid evaluation committee established by the tenderee in accordance with the law。

Projects that require bidding according to law，The bid evaluation committee consists of representatives of the tenderer and relevant technologies、Composed of experts in economics and other fields，The number of members is an odd number of five or more，Including technology、Experts in economic and other fields shall not be less than two-thirds of the total members。

The expert in the preceding paragraph shall have been working in the relevant field for at least eight years and have a senior professional title or equivalent professional level，By the tenderer from the relevant departments of the State Council or the province、Autonomous Region、Determine from the list of experts provided by the relevant departments of the municipal people’s government or the list of experts in relevant professions in the expert database of the bidding agency；General bidding projects can be randomly selected，Special bidding projects can be directly determined by the bidder。

Persons who have an interest in the bidder are not allowed to enter the bid evaluation committee of related projects；Those already entered should be replaced。

The list of members of the bid evaluation committee shall be kept confidential until the winning bid result is determined。

Article 38 The tenderee shall take necessary measures，Guarantee that the bid evaluation will be conducted in strict confidentiality。

No unit or individual may interfere illegally、Influence the process and results of bid evaluation。

Article 39 The bid evaluation committee may require the bidder to make necessary clarifications or explanations on unclear contents in the bid documents，However, clarifications or explanations shall not exceed the scope of the bidding document or change the substantive content of the bidding document。

Article 40 The bid evaluation committee shall follow the bid evaluation standards and methods determined in the bidding documents，Review and compare bid documents；With bottom bid，You should refer to the bottom bid。After the bid evaluation committee completes the bid evaluation，Should submit a written bid evaluation report to the tenderer，And recommend qualified winning candidates。

The tenderer determines the winning bidder based on the written bid evaluation report submitted by the bid evaluation committee and the recommended winning candidates。The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder。

The State Council has special regulations on the bid evaluation of specific bidding projects，Subject to its regulations。

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

(1) Able to meet the comprehensive evaluation standards stipulated in the bidding documents to the greatest extent；

(2) Able to meet the substantive requirements of the bidding documents，And the evaluated bid is the lowest；Except if the bid price is lower than the cost。

Article 42 Reviewed by the Bid Evaluation Committee，Think that all bids do not meet the requirements of the bidding documents，Can reject all bids。

All bids for projects that are required to be tendered by law were rejected，The tenderer shall re-invite tenders in accordance with this law。

Article 43 Before determining the winning bidder，The tenderer shall not discuss the bidding price with the bidder、Negotiating bid plans and other substantive content。

Article 44 Members of the bid evaluation committee shall be objective、Perform duties fairly，Abide by professional ethics，Be personally responsible for the review comments made。

Members of the bid evaluation committee are not allowed to contact bidders in private，No property or other benefits from bidders shall be accepted。

Members of the bid evaluation committee and relevant staff involved in bid evaluation shall not disclose the review and comparison of bid documents、Recommendations of successful bidders and other situations related to bid evaluation。

Article 45 After the winning bidder is determined，The tenderer shall issue a bid winning notice to the winning bidder，And notify all unsuccessful bidders of the winning bid results at the same time。

The bid winning notice has legal effect on the tenderer and the winning bidder。After the bid winning notice is issued，The tenderer changes the bid winning result，Or the winning bidder gives up the winning project，Should bear legal responsibility according to law。

Article 46 The tenderer and the winning bidder shall within thirty days from the date of issuance of the notice of winning the bid，Enter a written contract in accordance with the bidding documents and the bidding documents of the winning bidder。The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract。

The bidding documents require the winning bidder to submit a performance bond，The winning bidder should submit。

Article 47 Projects that require bidding according to law，The tenderer shall within fifteen days from the date of determining the winning bidder，Submit a written report on the bidding status to the relevant administrative supervision department。

Article 48 The winning bidder shall perform its obligations in accordance with the contract，Complete the winning bid project。The winning bidder shall not transfer the winning project to others，It is also not allowed to dismember the winning bid project and transfer it to others。

The winning bidder shall comply with the contract or with the consent of the tenderer，You can make part of the winning project non-subject、Non-critical work is subcontracted to others。Those who accept subcontracting should have corresponding qualifications，Not subcontracted again。

The winning bidder shall be responsible to the tenderer for the subcontracted project，The person who accepts the subcontract shall bear joint and several liability for the subcontracted project。

Chapter 5 Legal Liability

Article 49 Violation of the provisions of this law，Projects that must be tendered but not tendered，Creating projects that require bidding into parts or avoiding bidding in any other way，Ordered to make corrections within a time limit，A fine of not less than 5% but not more than 10% of the contract value of the project may be imposed；Projects that use all or part of state-owned funds，Can suspend project execution or suspend fund Bet365 Pokerallocation；The directly responsible person in charge of the unit and other directly responsible personnel shall be punished in accordance with the law。

Article 50 Bidding agencies violate the provisions of this law，Disclosing information and information related to bidding activities that should be kept confidential，Or with the tenderer、Bidders collude to harm national interests、Public interests or the legitimate rights and interests of others，A fine of not less than 50,000 yuan but not more than 250,000 yuan，A fine of not less than 5% but not more than 10% of the amount of the unit shall be imposed on the person in charge and other directly responsible personnel of the unit；Those with illegal gains，Illegal gains shall also be confiscated；Serious circumstances，Prohibit them from acting as agents for projects that require bidding according to law within one to two years and make an announcement，Until the business license is revoked by the industrial and commercial administration authority；Constituting a crime，Pursue criminal responsibility according to law。Causing losses to others，Be responsible for compensation according to law。

If the behavior listed in the previous paragraph affects the result of winning the bid, the winning bid will be invalid.

Article 51 The tenderee restricts or excludes potential bidders with unreasonable conditions，Discriminatory treatment against potential bidders，It is mandatory for bidders to form a consortium to bid together，Or restrict competition among bidders，Ordered to correct，A fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed。

Article 52 The bidder of a project that is required to conduct bidding according to law shall disclose to others the name of the potential bidder who has obtained the bidding documents、Quantity or other circumstances related to bidding that may affect fair competition，Or leak the bottom price，Give warning，A fine of not less than RMB 10,000 but not more than RMB 100,000 may be imposed；The directly responsible person in charge of the unit and other directly responsible personnel shall be punished in accordance with the law；Constituting a crime，Pursue criminal responsibility according to law。

If the behavior listed in the previous paragraph affects the result of winning the bid, the winning bid will be invalid.

Article 53 Bidders collude with each other in bidding or with the tenderee，The bidder seeks to win the bid by bribing the tenderer or members of the bid evaluation committee，The winning bid is invalid，A fine of not less than 5% but not more than 10% of the winning bid amount，A fine of not less than 5% but not more than 10% of the amount of the unit shall be imposed on the person in charge and other directly responsible personnel of the unit；Those with illegal gains，Illegal gains shall also be confiscated；Serious circumstances，Cancel his or her qualification to bid for projects that require bidding according to law within one to two years and make an announcement，Until the business license is revoked by the industrial and commercial administration authority；Constituting a crime，Pursue criminal responsibility according to law。Causing losses to others，Be responsible for compensation according to law。

Article 54 Bidders bid in the name of others or commit fraud in other ways，Defraud the winning bid，The winning bid is invalid，causing losses to the tenderer，Be responsible for compensation according to law；Constituting a crime，Pursue criminal responsibility according to law。

The bidder of a project that must be tendered according to law has committed the acts listed in the preceding paragraph but does not constitute a crime，A fine of not less than 5% but not more than 10% of the winning bid amount，A fine of not less than 5% but not more than 10% of the amount of the unit shall be imposed on the person in charge and other directly responsible personnel of the unit；Those with illegal gains，Illegal gains shall also be confiscated；Serious circumstances，Cancel his or her qualification to bid for projects that require bidding according to law within one to three years and make an announcement，Until the business license is revoked by the industrial and commercial administration authority。

Article 55 Projects that require bidding according to law，The tenderer violated the provisions of this law，Discuss the bidding price with the bidder、Negotiate the bidding plan and other substantive content，Give warning，The directly responsible person in charge of the unit and other directly responsible personnel shall be punished in accordance with the law。

If the behavior listed in the previous paragraph affects the result of winning the bid, the winning bid will be invalid.

Article 56 Members of the bid evaluation committee accept property or other benefits from bidders，Members of the bid evaluation committee or relevant staff participating in the bid evaluation disclosed to others the review and comparison of the bid documents、Recommendations of successful bidders and other circumstances related to bid evaluation，Give warning，Confiscated property，A fine of not less than 3,000 yuan but not more than 50,000 yuan may be imposed，Members of the bid evaluation committee who commit the listed illegal acts will be disqualified from serving as members of the bid evaluation committee，No longer participate in the bid evaluation of any project that requires bidding according to law；Constituting a crime，Pursue criminal responsibility according to law。

Article 57 The tenderee determines the winning bidder other than the winning candidates recommended by the bid evaluation committee in accordance with the law，For projects that require bidding according to law, the winning bidder will be determined by itself after all bids are rejected by the bid evaluation committee，The winning bid is invalid。Ordered to correct，A fine of not less than 5% but not more than 10% of the winning bid amount may be imposed；The directly responsible person in charge of the unit and other directly responsible personnel shall be punished in accordance with the law。

Article 58 The winning bidder transfers the winning project to another person，Dividing the winning bid project into parts and then transferring them to others，Some entities that violate the provisions of this law and will be awarded the bid、Key work subcontracted to others，Or subcontracted again by the subcontractor，Transfer、Invalid subcontracting，Transfer、A fine of not less than 5% but not more than 10% of the subcontracted project amount；Those with illegal gains，Illegal gains shall also be confiscated；Can be ordered to suspend business for rectification；Serious circumstances，Business license revoked by the industrial and commercial administration authority。

Article 59

The tenderer and the winning bidder do not conclude a contract in accordance with the bidding documents and the bidding documents of the winning bidder，or the tenderer、The winning bidder enters into an agreement that deviates from the substantive content of the contract，Ordered to correct；A fine of not less than 5% but not more than 10% of the winning bid amount may be imposed。

Article 60 The winning bidder fails to perform the contract entered into with the tenderer，Performance security deposit is non-refundable，The loss caused to the tenderer exceeds the amount of the performance bond，The excess should also be compensated；No performance bond submitted，The tenderer shall be liable for compensation for losses。

The winning bidder does not perform its obligations in accordance with the contract with the tenderer，Serious circumstances，Cancel his or her qualification to bid for projects that require bidding according to law within two to five years and make an announcement，Until the business license is revoked by the industrial and commercial administration authority。

Unable to perform the contract due to force majeure，The provisions of the first two paragraphs do not apply。

Article 61 Administrative penalties specified in this chapter，Decided by the relevant administrative supervision departments stipulated by the State Council。Except where this law has provided for the agencies that implement administrative penalties。

Article 62 Any unit violates the provisions of this law，Restrict or exclude this region、Legal persons or other organizations outside this system participate in the bidding，The bidding agency designated by the bidder，Forcing the bidder to entrust a bidding agency Bet365 betting websiteto handle bidding matters，Or interfere with bidding activities in other ways，Ordered to correct；Give warnings to the directly responsible person in charge and other directly responsible personnel of the unit in accordance with the law、Demerit、Penalty of serious demerit，The plot is serious，Demoted in accordance with the law、Removed、Penalty of expulsion。

Individuals taking advantage of their authority to commit illegal acts in the preceding paragraph，Pursuing liability in accordance with the provisions of the preceding paragraph。

Article 63: State agency staff who have administrative supervision responsibilities for bidding activities in accordance with the law engage in favoritism and malpractice、Abuse of power or neglect of duty，Constituting a crime，Pursue criminal responsibility according to law；Does not constitute a crime，Administrative sanctions in accordance with the law。

Article 64: Projects that require bidding according to law violate the provisions of this law，Invalid winning bid，The winning bidder shall be re-determined from the remaining bidders in accordance with the bid winning conditions stipulated in this law or the tender shall be re-invited in accordance with this law。

Chapter 6 Supplementary Provisions

Article 65 Bidders and other interested parties believe that bidding activities do not comply with the relevant provisions of this law，The right to raise objections to the tenderer or complain to the relevant administrative supervision departments in accordance with the law。

Article 66 involves national security、State secret、Emergency rescue and disaster relief or the use of poverty alleviation funds to implement work-for-relief、Special circumstances such as the need to use migrant workers，Projects not suitable for bidding，In accordance with relevant national regulations, bidding may not be conducted。

Article 67 Use of loans from international organizations or foreign governments、Bids for aid-funded projects，Lender、Financial providers have different regulations on the specific conditions and procedures for bidding，The regulations may apply，Except those that are against the social and public interests of the People’s Republic of China。

Article 68 This Law shall come into effect on January 1, 2000 [1-2]  。