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1、Statute TitleRegulation on the Implementation of the Bidding Law of the Peoples Republic of China EffectivePromulgation date:12-20-2011Effective date:02-01-2012Department:State CouncilSubject:Construction Industry2011-12-202012-02-01Order of the State Council of the Peoples Republic of China(No. 613
2、)The Regulation on the Implementation of the Bidding Law of the Peoples Republic of China, as adopted at the 183rd executive meeting of the State Council on November 30, 2011, is hereby issued, and shall come into force on February 1, 2012.Premier: Wen JiabaoDecember 20, 2011Regulation on the Implem
3、entation of the Bidding Law of the Peoples Republic of China61320111130183201221 Chapter I General Provisions Article 1 To regulate bidding activities, this Regulation is formulated in accordance with the Bidding Law of the Peoples Republic of China (hereinafter referred to as the Bidding Law). Arti
4、cle 2 The term construction projects as mentioned in Article 3 of the Bidding Law means projects as well as goods and services related to project construction.The term projects as mentioned in the preceding paragraph means construction projects, including new construction, refurbishing and expansion
5、 of buildings and fixtures and the relevant decorating, demolition and renovation of buildings and structures. The term goods related to project construction means equipment and materials which constitute an integral part of projects and are required for realizing the basic functions of projects. Th
6、e term services related to project construction means services such as survey, design and supervision required for the completion of projects. Article 3 The specific standards on the scope and size of construction projects that legally require bidding shall be determined by the development and refor
7、m department of the State Council jointly with the relevant departments of the State Council and be subject to the approval of the State Council before issuance and implementation. Article 4 The development and reform department of the State Council shall guide and supervise the bidding work across
8、the country and supervise and inspect the bidding activities for the states major construction projects. The departments of industry and information technology, housing and urban-rural development, transport, railways, water resources and commerce of the State Council shall supervise the relevant bi
9、dding activities according to the prescribed division of functions.The development and reform department of the local peoples government at or above the county level shall guide and coordinate the bidding work of its administrative region. The relevant departments of the local peoples government at
10、or above the county level shall, according to the prescribed division of functions, supervise bidding activities, and legally investigate and deal with violations in bidding activities. Where the local peoples government at or above the county level otherwise prescribes for the division of superviso
11、ry functions of its subordinate departments on the relevant bidding activities, such provisions shall prevail.The public finance department shall, according to law, supervise the budgetary performance and the implementation of government procurement policies on government procurement construction pr
12、ojects that are subject to bidding.The supervisory organ shall, according to law, supervise the relevant supervisory objects relevant to bidding activities. Article 5 The local peoples government at or above the level of a city divided into districts may, according to the actual demand, establish un
13、iform and standardized trading venues to provide services for bidding activities. Such trading venues for bidding shall not be affiliated with administrative supervision departments and shall not be aimed at seeking profits.The state encourages electronic bidding by means of an information network.
14、Article 6 State officials shall be prohibited from illegally interfering in bidding activities in any form. Chapter II Bid Invitation Article 7 With regard to projects for which project examination, approval and verification formalities must be handled according to the relevant provisions of the sta
15、te and bidding is required according to law, the bidding scope, methods and organizational forms shall be reported to the department in charge of project examination, approval and verification for examination, approval and verification. The department in charge of project examination, approval and v
16、erification shall, in a timely manner, notify the relevant administrative supervision department of the bidding scope, methods and organizational forms determined upon examination, approval and verification. Article 8 Projects for which state-owned funds take the controlling or leading position and
17、bidding is required according to law shall be subject to public bidding. Selected bidding is permitted under any of the following circumstances:1. only a small number of potential bidders are available for selection because of complicated technologies, special requirements or restrictions from the n
18、atural environment; or2. the cost of adopting public bidding accounts for an excessively large proportion of the project contract amount.Where the circumstances as listed in item 2 of the preceding paragraph occur to the projects prescribed in Article 7 of this Regulation, the department in charge o
19、f project examination, approval and verification shall make a determination when it conducts project examination, approval and verification. Other projects shall be determined by the relevant administrative supervision department upon receiving an application from the tenderee. Article 9 In addition
20、 to the special circumstances under which bidding is not required as prescribed in Article 66 of the Bidding Law, a project is not required to undergo bidding under any of the following circumstances:1. any irreplaceable patent or proprietary technology is required;2. the project can be legally cons
21、tructed, produced or provided by the purchaser;3. the project can be legally constructed, produced or provided by the franchise project investor that has been selected through bidding;4. it is necessary to purchase projects, goods or services from the original bid winner, otherwise the construction
22、or supporting functions would be affected; or5. any other special circumstance prescribed by the state.Where the tenderee makes falsifications for the purpose of complying with the provisions of the preceding paragraph, the tenderee shall be deemed as evading bidding as prescribed in Article 4 of th
23、e Bidding Law. Article 10 The tenderee having the capacity to prepare bid invitation documents and organize bid evaluations as prescribed in paragraph 2 of Article 12 of the Bidding Law means that the bidder has professionals in the areas of technology and economy who are suitable for the projects s
24、cale and the complexity of the bid invitation project. Article 11 The qualification of bidding agencies shall be determined by the relevant department in accordance with the law and the provisions of the State Council.The departments of housing and urban-rural development, commerce, development and
25、reform, and industry and information technology of the State Council shall supervise and administer bidding agencies according to the prescribed division of functions. Article 12 Bidding agencies shall have a certain number of professionals that have obtained a bidding profession qualification. The
26、specific measures for obtaining a bidding profession qualification shall be formulated by the department of human resources and social security of the State Council jointly with the development and reform department of the State Council. Article 13 Bidding agencies shall carry out bidding agency bus
27、iness within the scope of their licensed qualification and the scope entrusted by the tenderee, and no entity or individual shall interfere.To conduct agency bidding business, a bidding agency shall abide by the Bidding Law and the provisions of this Regulation on the tenderee. No bidding agency sha
28、ll bid in a bid invitation project under its agency or do so as an agency, or shall provide consulting to bidders for a bid invitation project under its agency.No bidding agency shall alter, lease, lend or transfer a qualification certificate. Article 14 The tenderee shall sign a written entrustment
29、 contract with the entrusted bidding agency, and fee standards prescribed in the contract shall comply with the relevant provisions of the state. Article 15 For a project subject to public bidding, the bidding notice shall be issued and bid invitation documents shall be prepared in accordance with t
30、he provisions of the Bidding Law and this Regulation.Where the tenderee examines the qualifications of potential bidders by means of pre-qualification, it shall issue a pre-qualification announcement and prepare pre-qualification documents.The pre-qualification announcement and bidding notice on a p
31、roject legally requiring bidding shall be published through the media legally designated by the development and reform department of the State Council. The content of a pre-qualification announcement or bidding notice on the same bid invitation project that is published on different media shall be c
32、onsistent. No fee shall be charged for the issuance of the domestic pre-qualification announcement or bidding notice on a project legally requiring bidding through the designated media.To prepare the pre-qualification documents and bid invitation documents on a project legally requiring bidding, the
33、 standard texts prepared by the development and reform department of the State Council jointly with the relevant administrative supervision department shall be adopted. Article 16 The tenderee shall sell pre-qualification documents or bid invitation documents at the time and place prescribed in the
34、pre-qualification announcement, bidding notice or bid invitation. Pre-qualification documents or bid invitation documents shall be sold for a period of not less than five days.The fees charged by the tenderee for selling pre-qualification documents and bid invitation documents shall be limited to offsetting the cost of printing and postage, and shall not be aimed at seeking profits.