招投标法英文版

1、中华人民共和国招标投标法(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

2、常委会ContentsChapter 1 General ProvisionsChapter 2 Invitation of BidsChapter 3 Submission of BidsChapter 4 Opening of Bids, Evaluation of Bids and Determination of the Winning BidderChapter 5 Legal LiabilityChapter 6 Supplementary ProvisionsChapter 1 General ProvisionsArticle 1 This Law is enacted in

3、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 quali

4、ty.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

5、 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 partia

6、lly 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 Cou

7、ncil'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 pro

8、visions 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, imparti

9、ality 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 b

10、y 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

11、 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 invitatio

12、n 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 BidsArticle 8 A bid inviting party is a legal person or other organization that puts forward a project and invites bids th

13、erefor according to this Law.Article 9 If the relevant provisions of the State require that project examination and approval procedures 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 f

14、irst.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 p

15、rivate 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 m

16、ethod 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

17、 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 depart

18、ment 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

19、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 appointin

20、g 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.Arti

21、cle 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 a

22、mount 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 pr

23、ojects 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

24、 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 Sta

25、te 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 inv

26、iting party, and shall observe the provision of this Law on bid inviting party.Article 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 re

27、quired 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 o

28、f 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 proj

29、ect 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 lett

30、er, 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

31、 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 projec

32、t. The bid invitation documents shall specify 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

33、 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 bi

34、ds 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

35、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 o

36、f 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

37、 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

38、 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

39、 for the bidders to prepare their 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

40、.Chapter 3 Submission of BidsArticle 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,

41、 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

42、 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 d

43、ocuments.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 inte

44、nds 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 r

45、eceipt 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 speci

46、fied 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

47、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 wor

48、k 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

49、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 spe

50、cialize 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 responsi

51、bilities 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 and several

52、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 fa

53、ir 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 o

54、f 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

55、fraudulent means to have its bid accepted.Chapter 4 Opening of Bids, Evaluation of Bids and Determination of the Winning BidderArticle 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 b

56、e 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 h

57、im 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 a

58、nd 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

59、 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