People's Republic of China promulgated by Decree No. 613

　　　　　　　　　　　　　　　　　　　　　　
　People's Republic of China implementation of the tendering and bidding law Executive meeting of the State Council on November 30, 2011 the 183th adoption of the regulations, are hereby promulgated and, as of February 1, 2012.
　　　　　　　　　　　　　　　　　　　　　　　　　Prime Minister Wen Jiabao

December 20, 2011 People's Republic of China tendering and implementation of the law
　　Chapter I General provisions

First in order to regulate the tendering and bidding activities, in accordance with the People's Republic of China tendering and bidding law (hereinafter referred to as the bidding law), this Ordinance is enacted.

Second method of tendering and bidding construction projects referred to in article, refers to the engineering and construction-related goods and services.

Qian paragraph by said engineering, is refers to construction engineering, including buildings and structures of new, and alterations, and expansion and related of decoration, and demolition, and repair,; by said and engineering construction about of goods, is refers to constitute engineering integral of part, and for achieved engineering basic function by required of equipment, and material,; by said and engineering construction about of service, is refers to for completed engineering by needed of survey, and design, and supervision, service.

Third construction projects subject to tender according to law the specific scope and scale standards, developed by the development and reform of the State Council in conjunction with the relevant departments of the State Council, after the approval of the State Council for implementation. Fourth development and reform Department under the State Council directs and coordinates the national tendering and bidding activities for major national construction projects supervision and inspection.

State Department of industry and information technology, housing construction, railway, water conservancy, transportation, business and other sectors, in accordance with the provisions and responsibilities impose supervision on tender and bid activities. Local people's Governments at or above the county level development and reform Department guiding and coordinating the administration of bidding and tendering work. Relevant departments of the local people's Governments at or above the county level in accordance with the provisions of Division of responsibilities and impose supervision on tender and bid activities, investigate and punish violations of the bidding activity.

Local people's Governments at or above the county level departments concerned otherwise provided by the oversight responsibilities of the bidding and tendering activities, from its provisions.

Financial sector in accordance with the Government procurement tendering construction projects budget implementation and monitor implementation of government procurement policy.

Supervisory organs and tender and bid activities related to monitoring the implementation of monitoring. Fifth District of local people's Governments above city level can be based on actual needs, establish a standardized tendering and trading places, provide services for tender and bid activities.

Tendering and trading establishments, and relationship of subordination to administrative supervision departments, not for profit-making purposes.

State encourages the use of information networks for electronic bidding.

Sixth national staff in any manner prohibited unlawful interference with tendering and bidding activities.
　　Chapter II tenders Seventh article in accordance with the relevant provisions of the State needs to fulfil the project approval, approval procedures for projects subject to tender according to law, its tender, tender, tender form shall be submitted to the project's approval, approval and approval, approval.

Project examination and approval, approval Department shall timely approval, approval to determine scope of tendering, tender, tender organization informed about administrative supervision departments.

Article eighth State-owned funds controlled or dominated the project subject to tender according to law, should be an open tender but have one of the following, you can invite tenders:

(A) the technical complexity, have special requirements or limited by the natural environment, only a few potential bidders to choose from;

(B) accounted for by public tender project contract amount is too large.

Listed in the preceding paragraph, belongs to the seventh item of the legislation, approved by the project approval, departments at the time of approval, approval of the project determination; other items found by the relevant departments for administrative supervision of the tenderer.

Article Nineth bidding law article 66th tenders may not be provided exceptions, any of the following circumstances, tenders may not be:

(A) the need to adopt an alternative to patent or proprietary technology;

(B) the purchaser can legally to build, produce or provide;

(C) has been selected by tender the franchise investment law on their own construction, production or provision;

(D) require procurement of works, goods or services to the winning bidder, otherwise it will affect construction or functions matching requirement;

(E) other special cases stipulated by the State.

Tender human trickery and fraud provisions of the preceding paragraph shall apply, which belongs to the tender and bid law article fourth Dodge tender.

Article tenth bidding law article 12th paragraph the Tenderer has the preparation of tender documents and organizing bid capacity refers to the tenderer with the tender project scale and adapted to the complexity of the technical, economic and other professionals.

11th the qualification of tendering agencies in accordance with the law and authorized by the provisions of the State Council.

State housing and urban-rural construction, Commerce, development and reform, industry and information technology sectors, bidding agency according to the Division of responsibilities under the supervision and administration in accordance with law. 12th a procuratorial Agency shall have achieved a certain number of bidding and professional qualification of professionals.

Made bids of vocational qualifications and the specific measures formulated by the human resources and Social Security Department of the State Council in conjunction with the development and reform Department.

13th a procuratorial Agency in its licensing and tenders who carried out within the framework of the procuratorial tender business, no unit or individual may illegally interfere. Bidding Agent proxy bidding service, shall comply with the bidding law and the provisions of this Ordinance relating to the tenderer.

A procuratorial Agency shall not, in the agent's tender bids or proxy bid or the tender agent by the advice provided by the proponent of the project.

A procuratorial Agency shall not alter, lease, lend, transfer certificate.

14th a tenderer shall, together with the Commission tendering Agency to enter into a written contract, contract fees shall conform to the relevant regulations of the State.

15th public bidding for projects, shall, in accordance with the bidding law and the provisions of this Ordinance, issue a tender announcement, the preparation of the tender documents.

Tenderer prequalification scheme for qualification review of potential bidders, shall issue a pre-qualification announcement, preparation of prequalification documents. Project subject to tender according to law and prequalification notices and tenders should be specified by the State Council development and reform Department media releases. Published in different media the same tender prequalification notices or tender notice ought to be consistent.

Specifies media project subject to tender according to law the territory of prequalification notices, tenders shall not be charged.

Preparation of the project subject to tender according to law the prequalification documents and solicitation documents, you should use the development and reform of the State Council in conjunction with the relevant departments for administrative supervision for standard texts. 16th Tenderer shall follow the prequalification notices, tenders or invitations to bid requirements of time and place of sale of prequalification documents or the tender documents.

Prequalification or tender documents sale period shall not be less than 5th.

Tenderer prequalification of sale documents, tender document fee charged should be limited to compensation for costs of printing, mailing and must not be for profit-making purposes. 17th a tenderer shall reasonably determine the time for submission of prequalification documents.

Project subject to tender according to law time for submission of prequalification documents, prequalification documents removed from sale date shall not be less than 5th.

Article 18th pre-qualification shall be stated in the prequalification documents, standards and methods. Dominance of State-owned funds accounted for holding or project subject to tender according to law, the Tenderer shall form a Eligibility Committee reviews applications for prequalification documents.

Eligibility Committee and its members shall abide by the bidding law and the provisions of this Ordinance relating to the bid Committee and its members. Prequalification of 19th after the bid inviting party shall promptly give notice of prequalification results to pre-qualified applicant.

Not pre-qualified applicants who do not have status.

Pre-qualified applicants less than 3 should be re-tendered.

Post-qualification approaches 20th tenderer for the qualification of bidders should bid after the bid opening Committee in accordance with the provisions of the tender documents standards and review the qualifications of the bidders. 21st tenderer to have issued the prequalification documents necessary to clarify or modify or the tender documents.

Clarified or modified of content may effect qualification pre application file or bid file prepared of, tender people should in submitted qualification pre application file as time at least 3 recently, or bid as time at least 15th Qian, to written form notification all gets qualification pre file or tender file of potential bid people; insufficient 3rd or 15th of, tender people should extended submitted qualification pre application file or bid file of as time. 22nd potential bidders or any other interested person objects to the prequalification documents, prequalification documents shall be submitted in due time by 2nd; objects to the tender documents, should be submitted before the bid closing time on 10th.

Tenderer shall from the date of receipt of the objection within the 3rd responded before making a reply shall suspend the bidding and tendering activities.

23rd prepared by the Tenderer prequalification documents, tender document content contrary to mandatory provisions of the laws and administrative regulations, violate the principle of openness, fairness, impartiality and good faith, influence outcomes or potential bidders to prequalify, the tender of the project subject to tender according to law should be modified prequalification documents or when tender. 24th tenderer the tender is divided into sections, shall comply with the relevant bidding law provisions should not be used to divide sections restrict or preclude potential bidders.

The tender of the project subject to tender according to law should not be used to divide sections Dodge tender. 25th Tenderer shall be stated in the tender document tender validity period.

Bid validity period from the due date for submission of bid documents. 26th a tenderer in the tender document required bidders to submit a bid bond, bid bond shall not exceed the estimate price of tender 2%.

Bid security shall be consistent with the bid validity period the validity period.

Project subject to tender according to law in the territory of the tenderer, in cash or check form submitted by the bid security should be a basic account.

The Tenderer shall not misappropriate a bid bond. 27th tenderer can decide for themselves whether the preparation of bidding. A project can have only one base price.
Bid must be kept confidential.

Accept commissioned base number intermediary institution shall not participate in the tender to be entrusted with the preparation of bid projects, or bidders for the project preparation of the tender documents or provide advice. Tenderer has the highest bid price, shall be specified in the tender documents the highest bid price or highest bid limit calculation method.

Tenderer may not set the minimum bidding price.

28th the tenderer may not organize a single or some potential bidders to the project site. 29th a tenderer may, in accordance with the engineering and construction-related goods, services, in whole or in part general contractor tender.

Form of a provisional estimate included in the contract within the scope of the works, goods, services are subject to tender according to law the scope of the project and meet the size criteria prescribed by the State shall be legal tender.

Provisional estimate referred to in the preceding paragraph, refers to the general contractor tender price cannot be determined by the tenderer in the tender document provisionally assessed the project, the amount of goods and services.

30th technical complexity or was unable to accurately formulate technical specifications of the project, the tenderer may adopt a two-stage tendering.

The first stage, the bidders in accordance with the tender notice or invitation for bid requests submitted with no suggestions to offer, tender according to the technical proposals submitted by the bidders determine the technical standards and requirements, preparation of tender documents.

The second phase, the tenderer to submit technical proposals in the first stage of the tender documents provided by the proponent, submitted by the bidders in accordance with the requirements of the tender documents, including the final technical solution and bidding of tender documents.

Tender bidders are required to submit a bid bond shall be presented in the second stage. 31st tenderer termination of tender shall be promptly announced or notified in writing to be invited or get the prequalification documents, solicitation documents potential bidders.

Is sale of the prequalification documents, solicitation documents or has charge of the bid, charged by the Tenderer shall be returned in the prequalification documents, tender document fee and charged by a bid bond and bank deposit interest.

32nd Tenderer shall not be unreasonable conditions, exclusion of potential bidders or bidders.

The Tenderer has any of the following acts, belonging to the unreasonable conditions, exclude potential tenderers or bidders:

(A) in respect of the same project to potential bidders or bidders to provide different information about the project;

(B) set the qualifications, skills, business conditions and project specific characteristics and not adapted to real needs or has nothing to do with the performance of the contract;

(C) the project subject to tender according to law in a particular administrative areas or specific sectors of performance and awards as a condition of plus or the winning bidder;

(Iv) potential bidders or bidders taking different qualifications or assessment standards;

(V) determines or specifies a particular patent, trademark, brand, country of origin or supplier;

(F) the project subject to tender according to law illegal qualified potential bidder or the bidder's form of ownership or organization;

(VII) other unreasonable conditions, exclude potential tenderers or bidders.
　　Chapter III tenders

Article 33rd bidders to bid on projects subject to tender according to law, and not be limited by areas or departments, no unit or individual may illegally interfere.

Article 34th stake with the tenderer may affect the fairness of bid legal person, other organization or individual, shall participate in the bidding.

Unit headed by the same person or different units with holding, relationship management, shall participate in the same section of bids or the same tender bidding is not divided into sections.

Violation of the provisions of the preceding two paragraphs, tenders shall be void. 35th bidder withdrew the bid documents submitted, shall inform the tenderer in writing prior to bid closing time.

Has received the bid of the tenderer, shall from the date of receipt of the written notification of withdrawal of bidders in the 5th returned.

Bidders after bid closing of withdrawal of tender documents, the tenderer may not refund the deposit.

Article 36th not pre-qualified for bidding documents submitted by the applicant, and late or not in accordance with the bid invitation documents require the sealed tender documents, tender shall be rejected.

Tenderer shall faithfully document the delivery time and seal of bid documents, and archived for future reference.

37th Tenderer prequalification notices, tenders or accept Consortium bid set forth in the invitation for bids. Accept the Consortium bid and pre-qualification of the tenderer, consortia should be submitted before the application for prequalification.

Prequalification of members of the Consortium after deletion, replacement, its bid was invalid.

Consortium bidding on the same item in its own name in a separate bid or take part in other Consortium bid, bids shall be void. Article 38th bidders for merger, Division, bankruptcy and other major changes have taken place, it shall promptly inform the tenderer in writing.

Bidders no longer meets the prequalification documents, solicitation documents specified qualifications or their bid affecting the fairness of bidding, the bid invalid.

39th prohibits the bidders bid-rigging.

Any of the following circumstances, which belongs to the bidders bid-rigging:

(A) bidders bidding and other consultations between the substantive content of the bidding documents;

(B) agreement between the bidder the winning bidder;

(C) the bidder agreed between some of the bidders gave up a tender or bid;

(D) belong to the same group, associations, chambers of Commerce, such as members of collaborative bids of bidders in accordance with the requirements of the Organization;

(E) among the bidders for the purpose of winning or excluding a particular bidder and other joint actions.

40th under any of the following circumstances, as bidders bid-rigging:

(A) the different bidders of bid documents prepared by the same entity or individual;

(B) authorize the same entity or individual to carry out different bidders bids;

(C) the different bidders bidding documents set out the project management of the same person;

(D) the different bidders bidding price of bidding documents anomalies or regular differences;

(V) different bidders bidding documents mixed with each other;

(F) the different bidders bidding deposit from the same unit or individual accounts.

41st prohibits the tenderer and the bidders bid-rigging.

Any of the following circumstances, belong to the tenderer with the bidders bid-rigging:

(A) the tenderer in the tender opened before the tender document and relevant information to the other bidders;

(B) the tenderer directly or indirectly disclose to bidders bidding, Evaluation Committee members and other information;

(C) the tenderer expressly or implicitly bidders to lower or raise the tender offer;

(D) replacing tender bidders taking orders, modify the tender documents;

(E) the tenderer expressly or implicitly bidders in particular facilitate the bidder the winning bidder;

(Vi) the tenderer with bidders for the pursuit of a specific bidder the winning bidder and take other collusive behavior.

42nd use agreed or rental or any other means to obtain the qualification certificate of qualification, tender, which belongs to the tender and bid law article 33rd to bid in the name of others.

Bidder has any of the following circumstances, belongs to the tender and bid law article 33rd acts of fraud in other ways:

(A) the use of forged or altered certificates;

(B) provide false financial position or performance;

(C) providing false vitae of the project leaders or the main technical personnel, labor relations certificate;

(D) providing false credit;

(E) other acts of fraud.

Article 43rd applicant submission of prequalification documents shall comply with the bidding law and the provisions of this Ordinance relating to the bidder.
　　Fourth chapter bid opening, bid and bid

44th Tenderer shall, in accordance with the time and place of opening of the provisions of the tender documents.

Bidders with less than 3 shall not bid; Tenderer shall invite tenders again.

Disagrees with the bidder to bid, should be submitted in the opening scene, the tenderer should respond on the spot and making records. 45th national unified evaluation expert professional classification standards and management practices.

Specific criteria and measures for the development and reform of the State Council in conjunction with the relevant departments under the State Council.

Provincial-level people's Governments and relevant State Council departments should establish comprehensive evaluation experts. Article 46th bidding law article 37th outside the provisions of the third paragraph of special project subject to tender, project subject to tender according to law, the members of the Evaluation Committee of experts from the evaluation experts in the related field determined by randomly from a list of experts.

No unit or individual shall not express or imply that any way specified or disguised experts designated to participate in the bid evaluation Committee members. The tender of the project subject to tender according to law non-bidding law and the provisions of this Ordinance shall not replace the legally determined by the bid evaluation Committee members.

Replace the members of the Evaluation Committee of experts should be carried out in accordance with the provisions of the preceding paragraph.

Members of the bid Committee and bidders interested, should be actively avoided. Regarding responsibility for administrative supervision departments shall, in accordance with the provisions, to determine the members of the Evaluation Committee, extraction and evaluation activities evaluation expert oversight.

Administrative supervision departments staff may not serve as members of the bid assessment committee responsible for monitoring projects in this sector.

37th article 47th bidding law mentioned in the third paragraph of special project subject to tender, refers to the complex technical, professional or national have special requirements, taken randomly determined expert bid projects it is difficult to guarantee.

48th Tenderer shall provide information necessary for the evaluation of the bid Committee, but shall not express or imply its favoring or excluding a particular bidder. The Tenderer shall, in accordance with the project scale and technical complexity and other factors in determining reasonable evaluation time.

Over one-third of the Evaluation Committee members felt that the bid didn't have enough time, the Tenderer shall be extended appropriately. In the bidding process, Evaluation Committee members the withdrawal cause, absence from duty or because of health or other reasons cannot continue to bid, should be replaced immediately.

Replaced members of the bid Assessment Committee to review conclusions invalid, by replacing members of the bid Assessment Committee to review it. 49th members of the bid Assessment Committee shall, in accordance with the bidding law and the provisions of this regulation, in accordance with the provisions of the tender documents, bid evaluation criteria and methodology, objective and impartial review comments on the tender documents.
Tender documents does not require the assessment standards and methods may not be as a basis for evaluation.

Members of the bid Assessment Committee shall not privately contacts bidders may not accept property or other benefits from the bidders, the Tenderer shall not be sought to determine the winning bidder's intention, any units or individuals shall not accept express or imply favoring or excluding a particular bidder's request made, there shall be no other objective, not just perform the function behavior. 50th tender with bid, the tenderer should be made public at the time of bid opening.

Bid only as a reference for evaluation, condition may be approaching base price as the winning bidder in tender offers, nor to bid over base price plus or minus range as a condition to reject bids.

51st under any of the following circumstances, the bid Committee should reject the bid:

(A) the tender documents without a seal and signature;

(B) the bidding consortium failed to submit joint bidding agreement;

(C) the bidder does not meet the qualifications or the tender documents provided by the State;

(D) the same bidders to submit two or more different bidding documents or tender offer, but except for the tender documents required to submit alternative proposals;

(E) bid price or higher than the highest bid bidding documents set below cost price;

(F) the tender documents did not to respond to the substantive requirements of the tender documents and conditions;

(VII) for bidders to bid-rigging, fraud, bribery and other illegal activities. 52nd in the tender documents are ambiguous content, clear text or calculation errors, the bid Committee believes require bidders to make the necessary clarification, description, it shall notify the bidder.

Clarification, description of the bidder should be in writing, and may not go beyond the scope of the tender documents or change the substantive content of the bidding documents.

Evaluation Committee shall not be induced by implied or clarification from the bidder, a description shall not accept bidders offered clarification, description. 53rd bid is completed, to the tender evaluation Committee shall submit a written evaluation report and list of the successful candidate.

The successful candidate should be no more than 3 and indicates the sorting. Evaluation reports shall be signed by all members of the bid Assessment Committee. Different comments on the evaluation results of the members of the bid Assessment Committee shall in writing of their views and reasons, evaluation reports should indicate the different views.

Members of the bid Assessment Committee refused to bid to sign on without writing its views and reasons, and as a result agreed to bid.

54th project subject to tender according to law, the Tenderer shall, from the date of receipt of the evaluation report in the 3rd public successful candidate, public notice period of not less than 3rd. The bidder or any other interested person on the evaluation results of projects subject to tender according to law has objections, should be made during the successful candidate announcement.

Tenderer shall from the date of receipt of the objection within the 3rd responded before making a reply shall suspend the bidding and tendering activities. 55th State-owned funds controlled or dominated the project subject to tender according to law, the Tenderer shall determine the successful candidate ranked first as the winning bidder.

First-ranked successful candidate to abandon bid, due to force majeure cannot fulfill the contract, in accordance with the tender documents required to submit a performance bond, or verified violations affecting the bidding result, where the winning conditions are not met, the tenderer can bid Committee list of winning candidates in order to determine the successful candidate for the winning bidder can also re-bid.

56th successful candidate business, financial status changed or there are violations, the tenderer believes may affect its ability to perform shall, before issuing the notification by the original Evaluation Committee in accordance with the provisions of the tender documents standards and methods reviewed to confirm. 57th tenderer and the winning bidder should be in accordance with the bidding law and the provisions of this Ordinance entered into a written contract, the subject of the contract, price, quality, performance, and other major terms should be linked to content of the bidding documents bidding documents and the winning bidder.

The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract.

The Tenderer shall, after signing the contract in writing at the latest within 5th to the winning bidder and unsuccessful bidders refund security deposit and interest on bank deposits. Article 58th of bid invitation documents require the winning bidder to submit a performance bond, the winning bidder should be in accordance with the requirements of the tender documents submitted.

The performance bond shall not exceed the accepted contract amount of 10%. 59th winning bidder shall perform obligations in accordance with the contract and complete the winning project.

Winning bidder may not transfer the winning project to another person, nor may the winning project dismembered after the transfer to others. Winning bidder in accordance with the contract or consent of the tenderer, can be part of the winning project non-subject, the critical work subcontracted to others.

Accepting the subcontracts shall have corresponding qualifications and may not again.

Winning bidder subcontracting should be accountable to the tenderer, accepting the subcontracts subcontracting bear joint and several liability.
　　The fifth chapter and handling complaints 60th a bidder or any other interested person thinks the tendering and bidding activities does not meet the laws, administrative regulations, he may know or should have known that within 10th of complaints to the relevant departments for administrative supervision.

Complaints should be clear of requests and the necessary documents.

This article 22nd and 44th, 54th regulations complaint, objection should be made to the tenderer, objection not calculated during a reply within the time limit prescribed in the preceding paragraph.

Article 61st of the complainant in respect of the same matter to administrative supervision departments of two or more have the right to receive complaints, first receives the administrative supervision departments are responsible for dealing with complaints.

Administrative supervision departments shall, from the date of receipt of the complaint within 3 working days to decide whether to accept complaints, and complaints in writing within 30 working days from the date of decision; needs inspection, testing and verification, expert evaluation, excluding the time required.

Complainant fabrications, false materials or illegally obtained material complaints, departments for administrative supervision shall be rejected. 62nd administrative supervision departments in handling complaints, the right to read and copy relevant documents and information, to investigate the situation, and shall cooperate with related units and personnel.

If necessary, departments for administrative supervision may be ordered to suspend the bidding activities.

Administrative supervision departments in supervision and inspection staff aware of State secrets, business secrets, it shall be kept confidential.
　　The sixth chapter legal liability

63rd tenderer has the following limitations or exclusion, one of the potential bidders, supervised by the relevant administrative department in accordance with the 51st of the tendering and bidding law provisions:

(A) public tender according to law of the prequalification of project does not comply with the requirements specified in the media release announcement or the tender notice;

(B) published in different media the same tender prequalification notices or tender notice inconsistent, affecting potential bidders to apply for prequalification or tender.

Project subject to tender according to law released in accordance with the provisions of the Tenderer prequalification notice or the tender notice, constitute evasion tenders, penalty shall be imposed in accordance with the 49th of the tendering and bidding law.

64th tenderer has any of the following circumstances, the relevant departments for administrative supervision shall be ordered to correct, may be fined not more than 100,000 Yuan:

(A) public tender by invitation to tender according to law;

(B) the sale of tender documents, prequalification documents, clarifying, modifying the time limits, or for submission of applications to prequalify set files, do not meet the time frame of the bidding documents bidding law and the provisions of this Ordinance;

(C) accept the units or individuals that are not pre-qualified to bid;

(D) accept the bid shall refuse to file.

First item of the preceding paragraph, the third of the tenderer, the fourth one of the acts listed in the unit directly in charge of personnel and other persons directly responsible shall be disciplined.

65th bidding Agency in the Agency tender bids, proxy bidding or bidders to provide advice to the project, commissioned the preparation of base number intermediary institutions entrusted with the preparation of base price of project bidding or bidders for the project preparation of bidding document, advisory, in accordance with the 50th of the tendering and bidding law shall be investigated for legal responsibility.

66th tenderer than the provisions of this Ordinance, the proportion of bid bond, performance bond or not in accordance with the provisions refund security deposit and interest on bank deposits, and supervised by the relevant administrative department ordered corrective action and may be fined not more than 50,000 yuan and cause damage to others shall bear liability. 67th bidders bid-rigging or collusion with the tenderer, bidders or bribing members of the bid Committee seeking the bid of the tenderer, the bid invalid constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the penalty shall be imposed in accordance with the tendering and bidding law 53rd.

Bidder does not bid, of unit fines in accordance with the tender project contract amount is calculated according to the proportion of tender and bid law.

Bidders have one of the following acts, belonging to the tendering and bidding law 53rd serious acts provided for in article, supervised by the relevant administrative department to cancel its within 1 to 2 years to participate in the tender of the project subject to tender according to law:

(A) seek bid to bribe;

(B) 3 years 2 over bid-rigging;

(C) collusive tendering undermines the tenderer, other bidders or the State, the collective and the legitimate interests of the citizens, causing a direct economic loss of more than 300,000 yuan;

(D) other acts of collusion in serious.

Bidders since the penalties provided for in the second paragraph of this article within 3 years from the date of expiry of the period of one of the offences listed in paragraph, or rigging, bribe-seeking the bid if the circumstances are especially serious, the Administration for industry and commerce shall revoke business licenses.

Laws, administrative regulations, provisions of penalties for bid-rigging, from its provisions. 68th bidder the name of another person bids or by any other means of deception cheat bid, the bid invalid constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the penalty shall be imposed in accordance with the 54th of the tendering and bidding law.

Project subject to tender according to law the bidder did not bid, of unit fines in accordance with the tender project contract amount is calculated according to the proportion of tender and bid law.

Bidders have one of the following acts, belonging to the tender and bid law article 54th aggravated behavior, supervised by the relevant administrative department canceled its 1 to 3 years to participate in the tender of the project subject to tender according to law:

(I) forging or altering qualifications, certifications or other license obtaining bid;
(B) 2 or more times using other people's names to bid for 3 years;

(C) fraud in obtaining bid caused a direct economic loss of more than 300,000 yuan to the tenderer;

(D) other acts of fraud in obtaining bid serious.

Bidders since the penalties provided for in the second paragraph of this article within 3 years from the date of expiry of the implementation period and the offence referred to in paragraph one, or resorting to deception to defraud the winning bidder if the circumstances are especially serious, the Administration for industry and commerce shall revoke business licenses.

69th transfer or rental qualifications and qualification certificate for the bidding of others, in accordance with the provisions of laws and administrative regulations administrative penalties constitutes a crime, criminal responsibility shall be investigated according to law.

70th article law must for tender of project of tender people not according to provides formed assessment standard Committee, or determine, and replaced assessment standard Committee members violation tender bid method and this Ordinance provides of, by about administrative supervision sector ordered corrected, can at 100,000 yuan following of fine, on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; illegal determine or replaced of assessment standard Committee members made of review conclusion invalid, law again for review.

National staff in any way unlawful interference with selected members of the bid Committee, in accordance with these regulations shall be investigated for legal responsibility of the 81st.

71st member of the bid Committee, one of the following acts, the relevant departments for administrative supervision shall be ordered to correct serious cases to prohibit their participation within a certain period the tender of the project subject to tender according to law the circumstances are especially serious, canceled its eligibility to as members of the Evaluation Committee:

(A) should be avoided and not withdraw;

(B) absent without leave;

(C) not in accordance with the provisions of the tender documents, bid evaluation criteria and methods of evaluation;

(D) privately contacts bidders;

(E) to the tenderer's intention to consult to determine the winning bidder or accept any units or individuals explicitly or implicitly favoring or excluding a particular bidder's proposed requirements;

(Vi) to reject bids without views according to law;

(VII) hints or induction of bidder clarification, description or accept the bidder offered clarification, description;

(VIII) other objective, not just perform the function behavior.

72nd member of the bid Committee to accept the bidder's property or other benefits, confiscation of property received, more than 3000 Yuan and fined not more than 50,000 yuan, cancel the qualifications as members of the bid Assessment Committee shall participate in the evaluation of the project subject to tender according to law constitutes a crime, criminal responsibility shall be investigated according to law.

73rd project subject to tender according to law the Tenderer has any of the following circumstances, the relevant departments for administrative supervision shall be ordered to correct, can bid amounts of up to 10 ‰ fine cause damage to others shall bear liability; directly responsible for unit charge and other direct liable persons shall be given administrative sanctions:

(A) without justifiable reason not to issue a bid notice;

(B) shall be determined in accordance with the winning bidder;

(C) the notification is issued without a legitimate reason to alter the bid results;

(D) without justifiable reason not to conclude contracts with the winning bidder;

(E) at the time of conclusion of the contract to the winning bidder made subject to conditions. 74th winning bidder without a legitimate reason not to enter into a contract with the tenderer, made subject to conditions at the time of signing the contract to the tenderer, or not in accordance with the bid invitation documents require the submission of performance bonds, cancels its winning qualification, bid deposit will not be refunded.

The winning bidder of the project subject to tender according to law by the relevant departments for administrative supervision shall be ordered to correct, you can bid the amount fined not more than 10 per thousand.

75th tenderer and the winning bidder is not in accordance with the tender documents and winning bidder contract on file, the main provisions of the contract and tender documents, winning bidder the contents of the file are not consistent, or and the bid of the tenderer who deviated from the substance of the contract agreement entered into by the relevant departments for administrative supervision shall be ordered to correct, can bid amount above 10 ‰ below the 5 per thousand fine.

76th article bid people will bid project transfer to others of, will bid project dismembered Hou respectively transfer to others of, violation tender bid method and this Ordinance provides will bid project of part subject, and key work points package to others of, or points package people again points package of, transfer, and points package invalid, at transfer, and points package project amount 5 ‰ above 10 ‰ following of fine; has illegal proceeds of, and at confiscated illegal proceeds; can ordered closed reorganization; plot serious of, by business administration organ revoked license.

77th bidders or any other interested person fabrications, false materials or obtain evidence by illegal means to complain and cause damage to others shall bear liability.

Not replied to the objection pursuant to the provisions of the tenderer, continuing to tender and bid activities, supervised by the relevant administrative department ordered corrective action and refused to correct or not correct, and influencing the results of the successful bidder, in accordance with the provisions of this section 82nd.

Article 78th bidding and professional qualification of professionals in violation of the relevant provisions of tendering shall be ordered to correct and given a warning in serious cases, suspension of tendering body within a certain period the circumstances are especially serious, cancel the tender vocational qualifications. 79th bidding credit system of the country.

Notice concerning the administrative supervision departments shall tender, tender agent, bidders, bid Committee members and other violations by the parties of the administrative decision.

Article 80th project approval or approval of Department law approval, the approved project scope of tenders, tender, tender forms, directly responsible for unit charge and other direct liable persons shall be given administrative sanctions.

Relevant administrative supervision departments to perform their duties, for violations of the bidding law and provisions of this Ordinance not to investigate and punish, or in accordance with the provisions dealing with complaints, failing to notice the bidding decision of administrative handling of violations by the parties to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

Approved project approval, departments and functionary of the relevant departments for administrative supervision, abuse their powers, neglect their duties, constitutes a crime, criminal responsibility shall be investigated according to law.

81st State functionary is convenient, direct or indirect, express or imply in any way, such as unlawful interference in tendering and bidding activities, any of the following circumstances shall be given a demerit or demerit; serious, demotion or dismissal according to law the circumstances are especially serious, legally expelled constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the requirements for projects subject to tender according to law does not bid, or calls for tender projects according to law without open tender;

(B) requested the bid evaluation Committee members to their designated bidders or the tenderer as the successful candidate or the winning bidder, or otherwise illegally interfering in bidding activities, affect the bidding result;

(C) otherwise unlawful interference with tendering and bidding activities.

82nd project subject to tender according to law of tendering and bidding activities violating bidding law and the provisions of this Ordinance, and substantive impact on the bidding results, and failure to take remedial measures to correct it, bid, bid, bid null and void, it shall tender or bid again.
　　The seventh chapter by-laws

83rd bid Charter activities of the Association in accordance with the law, strengthen self-discipline and service.

84th government procurement law and administrative regulations on government procurement of goods, services provisions of bidding from its provisions.

　85th article of the regulations come into force on February 1, 2012.