National Development And Reform Commission On Abolishing And Modifying Part Of The Bidding Rules And The Decisions Of The Regulatory Documents

Original Language Title: 国家发展和改革委员会关于废止和修改部分招标投标规章和规范性文件的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201307/20130700389481.shtml

National development and Reform Commission on abolishing and modifying part of the bidding rules and the decisions of the regulatory documents (March 11, 2013 national development and Reform Committee, and industrial and information Department, and Treasury, and housing and urban and rural construction, and traffic Transport Department, and railways, and water, and national broadcast Movie TV General, and China Civil Aviation Council makes 23rd, announced since on May 1, 2013 up purposes) for implementation circular of the forward development reform Board legal do wing on do tender bid method implementation Ordinance implement implementation work views of notification (State sent [2012] 21st) on a comprehensive cleanup with bidding requirements of the relevant provisions, the national development and Reform Commission, jointly with relevant departments, according to the regulations for the implementation of the bidding law, based on wide consultation, the tendering and bidding law since the implementation of the national development and Reform Commission led the development of regulations and regulatory documents conducted a comprehensive cleanup.

    After cleaning, decided: A, 1 normative acts be repealed.

    (Annex 1) Second, 11 regulations, 1 part of the normative document provisions be amended.

(Annex 2)

    These regulations and regulatory documents are released by the national development and Reform Commission, jointly with relevant departments, modified by the national development and Reform Commission, jointly with relevant departments belonging to the national development and Reform Commission released by the national development and Reform Commission repealed or amended.

    This decision shall take effect on May 1, 2013.

    Annexes: 1. the decision abolishing the normative documents

    Pay close attention to standards of construction tender pre-qualification documents standard bidding documents and notifications pilot (the change rules [2008]938) annexes: 2. decided to revise the regulations and regulatory documents

    A public bidding and the announcement of the interim measures (under the State Development Planning Commission, 4th) amended

    (A) relevant government department name change

    1. third, 15th, 16th, 19th, "national development planning Commission," amended to read "the national development and Reform Commission."

    2. the 20th in the "Development Planning Department" amended to "development and reform".

    (B) the deletion of the relevant regulatory provisions

    3. delete the 16th article the fifth and sixth.

    4. deletion of article 18th "administrative oversight".

    5. delete the 19th in the "reports".

    (C) the provisions of laws and regulations related references serial number changes

    6. in the first section "under the People's Republic of China Law on bidding, these measures are formulated," amended to read "under the People's Republic of China bidding law and the People's Republic of China bidding law implementing regulations, these measures."

    7. in the 18th "in accordance with the People's Republic of China bidding law 62nd article of provisions of the" amended to read "in accordance with the People's Republic of China tendering and bidding law 62nd article, as well as the People's Republic of China bidding 81st article of the regulations for the implementation of the provisions of the law."

    (D) specific provisions of laws and regulations related amendments 8. modify the 16th article to "legally required public bidding for projects in accordance with the provisions specified in the media published a tender notice." Modify the second paragraph as "published in different media the same contents of the tender notice tender not, potential bidders."

    Third paragraph amended as "tender notice about obtaining the tender documents do not meet the time limit bidding law and bidding regulations for the implementation of provisions of the law."

    (E) Regulations provisions increased

    9. increase the 21st article "legally required for prequalification of tenders, the pre-qualification announcement published, in accordance with the measures implemented."

    Second, the construction project of the trial procedures for bidding on their own (under the State Development Planning Commission, 5th) amended

    (A) relevant government department name change

    10. the fifth, sixth, seventh and Nineth, tenth, 11th, 12th, 13th in the "SDPC" amended to read "the national development and Reform Commission."

    (B) the deletion of the relevant regulatory provisions

    11. delete the Nineth "feasibility study".

    (C) the provisions of laws and regulations related references serial number changes 12. will first article in the of "according to People's Republic of China tender bid method (following referred to tender bid method) and circular of the issued State about sector implementation tender bid activities administrative supervision of duties Division views of notification (State sent [2000]34,)" modified for "according to People's Republic of China tender bid method (following referred to tender bid method), and People's Republic of China tender bid method implementation Ordinance (following referred to tender bid method implementation Ordinance) and

    State Council relevant departments under the State Council issued the implementation of tendering and bidding activities administrative oversight duties of the opinions of the (State [2000]34) ".

    13. Article 12th in the "fifth and depend on whether the tenderer bidding law violations under chapter" is amended as "fifth and depend on whether the tenderer bidding law prescribed by the regulations for the implementation of the sixth chapter and bidding law violations".

    14. the 13th article in the "under bidding law the relevant provisions of the" amended to read "according to the bidding law and bidding regulations for the implementation of the relevant provisions of the law".

    (D) specific provisions of laws and regulations related amendments

    15. the second paragraph is amended as "these measures apply to approved by the national development and Reform Commission for approval, (including approval by the national development and Reform Commission for examination and then submitted to the State Council) of construction projects subject to tender according to law on its own bid."

    16. the fourth article the fourth amendment as "made with more than 3 professional qualification full-time bid in tender business."

    17. the fifth paragraph and the second paragraph in the "feasibility studies" amended to read "report of feasibility study report or requests for funding, the project application report", the first paragraph is the third modification "achieved professional qualification professional tendering business of tender".

    18. in the seventh "reply" is amended as "approval, approval," "feasibility study" is amended as "report of the feasibility study report, or requests for funding, the project application report".

    19. in the Nineth "approval" is amended as "the examination and approval."

    20. the tenth article of the first amendment as "tender and prequalification notices, tenders issued media".

    Third, the project feasibility study report on the project to increase the tender content and approved provisional regulations on tender matters (under the State Development Planning Commission, 9th) amended

    (A) Regulations name modification

    21. "project feasibility study to increase bidding and approval of the interim provisions on tendering matters" is amended as "filings increased bidding for engineering construction projects and the approved interim provisions on tendering matters."

    (B) the relevant government department name change

    22. the fourth article of the third, 14th in the "national development plan Committee" and Nineth first in the first paragraph of "Commission" is amended as "the national development and Reform Commission."

    (C) the deletion of the relevant regulatory provisions

    23. in the fourth paragraph is deleted "project feasibility study report", delete the eighth in the "approved feasibility study report", delete the article 11th "project examination and approval Department" and delete in the 13th "according to the State [2000]34 text".

    (D) the provisions of laws and regulations related references serial number changes

    24. in the first section "under the People's Republic of China Law on bidding, these rules are formulated," amended to read "pursuant to the People's Republic of China bidding law and the People's Republic of China implementation of the tendering and bidding Law Ordinance, these provisions are enacted."

    (E) the provisions of relevant regulations amendments

    25. the second section of "all kinds of construction projects subject to tender according to law" is amended as "subject to tender according to law, and in accordance with the relevant provisions of the State requires the project approval, approval procedures for all types of construction projects."

    26. the article is changed to "the construction project of the provisions included in article must be submitted to the project feasibility study report or application reports, project application report an increase in the content of the tender."

    27. the fifth paragraph, sixth in the "feasibility studies" amended to read "report of feasibility study report or requests for funding, the project application report". 28. will fifth article first paragraph first items modified for "involved national security, and national secret, and rescue relief or belongs to using poverty funds implemented food-for-work, and need using farmers workers, special situation, not suitable for tender", second items modified for "construction project of survey, and design, used not alternative of patent or proprietary technology, or its building art styling has special requirements", third items modified for "contractor, and suppliers or service provides who less than three home, cannot formed effective competition", fourth items modified for "

    Other special circumstances prescribed by the State ", and as the seventh.

    29. the sixth, eighth, 12th and 13th in the "approval authority" is amended as "approval or approval of Department."

    30. the sixth section "approval" of the 11th, 12th, 13th "approval", "approval" is amended as "approval, approval".

    31. the modification in the seventh to "project feasibility study report or application reports, the tender of the project application report increases in content, as attachments and feasibility study report or application reports, and submit project application report".

    32. in the eighth "proposed approved or not approved comments" changed to "proposed whether to approve, approve comments," "tender approved an opinion format" is amended as "tender approval, approval an opinion format."

    33. in the Nineth article "approved bid" is amended as "matter of approval and approval of tender", first and second in the first paragraph in the "approved" is amended as "approval."

    34. the third modification of the Nineth, paragraph "should be submitted to the local people's Government development and reform Department approval and nuclear development and reform Department of the local people the local people's Government approval of the project, approved by the development and reform of the local people."

    (F) the related regulatory provisions increased

    35. added the fifth first fourth "procurement law to build, produce or provide" the fifth "has been selected by tender the franchise investment law on their own construction, production or providing" sixth "requires procurement of works, goods or services to the winning bidder, otherwise it will affect construction or matching requirements".

    36. the fourth increased the Nineth, paragraph "should be submitted to the State development and Reform Commission for approval pursuant to the provisions of the construction project, approved by the national development and Reform Commission", the fifth "local people's Governments shall be submitted pursuant to the provisions approved by the development and reform of the construction project, approved by the development and reform of the local people."

    Four, to the bid Committee and the provisional regulations on bid evaluation methods (under the State Development Planning Commission, the State economic and Trade Commission, Ministry of construction, railways, Ministry of communications, Ministry of information industry, the Ministry of water resources, 12th) amended

    (A) relevant government department name change

    37. in the 61st, "national development planning Commission," amended to read "the national development and Reform Commission."

    (B) the deletion of the relevant regulatory provisions

    38. delete article 27th "or defined as void", delete the 47th in the "before you determine the winning bidder", delete the 54th in the "other interested person".

    (C) the provisions of laws and regulations related references serial number changes

    39. in the first section of "in accordance with the People's Republic of China Law on bidding, these provisions are formulated," amended to read "in accordance with the People's Republic of China bidding law and the People's Republic of China implementation of the tendering and bidding Law Ordinance, these provisions are enacted."

    (D) the provisions of relevant regulations amendments

    40. the tenth article in the "provided by the relevant departments of the people's Governments above provincial level expert roster database or the tender agent" is amended as "database established according to law", in the second paragraph of "technique is particularly complex, require special high professional" is amended as "technology complex, highly professional" and "incompetent" is amended as "it is difficult to guarantee competent".

    41. will 13th article second paragraph modified for "assessment standard Committee members shall not and any bid people or and tender results has interest relationship of people for privately contact, shall not received bid people, and intermediary people, and other interest relationship people of property or other benefits, shall not to tender people consulting its determine bid people of intention, shall not accept any units or personal express or hinted proposed of tendencies or exclusion specific bid people of requirements, shall not has other not objective, and not just perform positions of behavior".

    42. the 16th article is changed to "tender or the tender agent entrusted agency should provide the Evaluation Committee evaluation required for important information and data, but not with the express or implied tendency or excluding a particular bidder's information", in the second paragraph of "bidding shall be confidential" is amended as "prior to bid opening shall be confidential".

    43. in the 20th "the bidder's bid should be set aside to handle" amended to read "the bidder's bid should be rejected."

    44. in the 21st, "its bid shall be forfeited" amended to read "should veto its bid."

    45. the 23rd article in the "void" modify "should be rejected."

    46. the 25th article of the "void" is amended as "no bid".

    47. the 27th article in the "Tenderer shall tender according to law" is amended as "tenderer in the analysis after the bid failed, and take the appropriate measures, it shall be re-bid."

    48. the 40th in the "bid 30 working days before expiry date" is amended as "the validity of the tender."

    49. in the 42nd "ghost notes" is amended as "no tender notes".

    50. Article 44th adapted to "writing to the tenderer after the bid evaluation report, Evaluation Committee evaluation process should be used in the documents, forms and other information should be immediately returned to the tenderer". 51. the 48th, the second paragraph of article as "State-owned funds accounted for holding or playing a leading role in the project, the Tenderer shall determine the successful candidate ranked first as the winning bidder. First-ranked successful candidate to abandon bid, proposed to perform a contract due to force majeure, or the tender documents shall submit the performance bond within the prescribed time limit could not be committed, or been 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.

    In turn, determine the gap between the successful candidate and tenderer expected larger, or harmful to the tenderer, the tenderer can bid again. "

    52. in the 49th "within 30 days" is amended as "the validity of the tender, as well as the successful bidder within 30th of the date the notice is issued".

    53. in the 52nd's "5 days" is amended as "5th". 54. will 53rd article modified for "assessment standard Committee members has following behavior one of of, by about administrative supervision sector ordered corrected; plot serious of, ban its in must term within participate in law must for tender of project of assessment standard; plot special serious of, canceled its served as assessment standard Committee members of qualification: (a) should avoided and not avoided; (ii) AWOL;? (three) not according to tender file provides of assessment standard standard and method assessment standard; (four) privately contact bid people

    ; (Five) to tender people consulting determine bid people of intention or accept any units or personal express or hinted proposed of tendencies or exclusion specific bid people of requirements; (six) on law should rejected of bid not proposed rejected views; (seven) hinted or induced bid people made clarified, and description or accept bid people active proposed of clarified, and description; (eight) other not objective, and not just perform positions of behavior ". 55. will 55th article modified for "tender people has following case one of of, ordered corrected, can at bid project amount 10 per thousand following of fine; to others caused loss of, law bear compensation responsibility; on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition: (a) no due reason not issued bid notice; (ii) not according to provides determine bid people; (three) bid notice issued Hou no due reason change bid results; (four) no due reason not and bid people made contract

    (V) at the time of conclusion of the contract to the winning bidder made subject to conditions ".

    56. will 56th article modified for "tender people and bid people not according to tender file and bid people of bid file made contract of, contract of main terms and tender file, and bid people of bid file of content not consistent, or tender people, and bid people made deviated from contract substantive content of agreement of, by about administrative supervision sector ordered corrected, can at bid project amount 5 per thousand above 10 per thousand following of fine". 57. the 57th is changed to "winning bidder without justifiable 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, can bid amounts of up to 10 ‰ ".

    Five, to the national major construction project tendering and bidding of the interim measures for the supervision (18th, national development planning Commission) amendments

    (A) relevant government department name change

    58. the second, third, eighth and Nineth, 13th, 15th, 16th, 18th, in the "SDPC" amended to read "the national development and Reform Commission."

    59. in the 11th paragraph, 17th "Development Planning Department" amended to "development and reform".

    (B) the deletion of the relevant regulatory provisions

    60. deleting the fifth article.

    (C) the provisions of laws and regulations related references serial number changes

    61. in the first section "under the People's Republic of China bidding law, issued the circular of the State Council departments concerned to implement the administrative oversight responsibilities of the bidding activity notice" is amended as "under the People's Republic of China bidding law and the People's Republic of China tendering and implementation of the law, issued the circular of the State Council departments concerned to implement the administrative oversight responsibilities of the bidding activity notifications".

    62. in the fifth "in accordance with the People's Republic of China Law on bidding and the People's Republic of China contract law" amended to read "in accordance with the People's Republic of China bidding law and the People's Republic of China implementation of the tendering and bidding Law Ordinance and the People's Republic of China law."

    63. the 13th, 17th in the "People's Republic of China tendering and bidding law and related rules and regulations" is amended as "People's Republic of China tenders

    Bidding law, the People's Republic of China bidding law implementing regulations and related rules and regulations. "

    (D) the provisions of relevant regulations amendments

    64. in the fourth paragraph of "submit feasibility study report" amended to read "submit feasibility study report or requests for funds". 65. to modify the article seventh to "bidder or any other interested person that the State major construction project tendering and bidding activities do not meet the requirements of the national, knew or should have known that within 10th of complaints to the national development and Reform Commission.

    The national development and Reform Commission shall, from the date of receipt of the complaint within 3 working days to decide whether to accept and handle complaints in writing within 30 working days from the date of decision; needs inspection, testing and verification, expert evaluation, excluding the time required. "

    66. in the Nineth article "15 days" is amended as "15th", in the second paragraph "the tenderer after the winning bidder is determined, shall, within 15 working days" is amended as "Tenderer shall from the date of the winning bidder is determined within the 15th."

    67. the tenth article of the third "qualification" is amended as "pre-qualification".

    68. the 16th section of "application for reconsideration" amended to "may apply for administrative reconsideration".

    Six, the evaluation experts and evaluation experts of the interim measures for the Administration (under the State Development Planning Commission, 29th) amended

    (A) relevant government department name change

    69. in the 18th "State Development Planning Commission," amended to read "the national development and Reform Commission."

    (B) the provisions of laws and regulations related references serial number changes

    70. in the first section "under the People's Republic of China tendering and bidding law (hereinafter referred to as the tendering and bidding law), these measures are formulated," amended to read "under the People's Republic of China tendering and bidding law (hereinafter referred to as the tendering and bidding law), the People's Republic of China bidding law implementing regulations (referred to as the bidding law implementing regulations), these measures."

    71. in article "in accordance with the provisions of the tendering and bidding law" amended to read "in accordance with the law on tendering, the tendering and bidding law regulations for the implementation of evaluation experts and national unity professional classification standards and control regulations".

    72. the 14th article in the first paragraph of "the tendering and bidding law and 37th of the bid Committee and the 12th article of the provisional regulations on the evaluation methods" amended to "the tendering and bidding law 37th, bidding law enforcement Ordinance article 46th and the Evaluation Committee and the evaluation method of the 12th article of the provisional regulations".

    (C) the provisions of relevant regulations amendments

    73. the fourth section of "the people's Governments above provincial level departments and tendering agency" is amended as "provincial-level people's Governments and relevant departments of the people's Governments above provincial level, bidding Agency."

    74. in the fifth, 17th, the second paragraph of article "database set up by relevant government departments bidding" is amended as "Government or Government departments, form a database of evaluation".

    75. in the sixth paragraph of "the people's Governments above provincial level" is amended as "provincial-level people's Governments and relevant departments of the province-above people's Government", the second paragraph is amended as "provincial-level people's Governments and relevant departments under the State Council shall set up cross-sectoral and trans-regional database of comprehensive evaluation".

    76. the tenth, 11th and 12th in the first paragraph in the "formation of evaluation experts and Government departments," amended to read "form the evaluation databases of the provincial people's Government, the Government sector".

    77. of the 13th and 14th "stipulated by laws and administrative regulations," amended to read "State regulations".

    78. the 14th article of the second "may not accept other people's property" is amended as "shall not accept bidders or any other interested person's property". 79. will 15th article first paragraph modified for "assessment standard experts has following case one of of, by about administrative supervision sector ordered corrected; plot serious of, ban its in must term within participate in law must for tender of project of assessment standard; plot special serious of, canceled its served as assessment standard Committee members of qualification: (a) should avoided and not avoided; (ii) AWOL; (three) not according to tender file provides of assessment standard standard and method assessment standard; (four) privately contact bid people

    ; (Five) to tender people consulting determine bid people of intention or accept any units or personal express or hinted proposed of tendencies or exclusion specific bid people of requirements; (six) on law should rejected of bid not proposed rejected views; (seven) hinted or induced bid people made clarified, and description or accept bid people active proposed of clarified, and description; (eight) other not objective, and not just perform positions of behavior ". 80. will 17th article first paragraph modified for "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 tender bid method implementation 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,

    Take a re-assessment in accordance with law. "

    (D) the relevant regulatory provisions increased

    81. seventh, fifth in the first paragraph of article "other conditions prescribed by regulations". 82. increased 15th article second paragraph "assessment standard Committee members received bid people of property or other benefits of, assessment standard Committee members or and assessment standard activities about of staff to others revealed on bid file of review and compared, and bid candidates of recommended and and assessment standard about of other situation of, give warning, confiscated received of property, can and at 3,000 yuan above 50,000 yuan following of fine; on has column violations of assessment standard Committee members canceled served as assessment standard Committee members of qualification,

    Shall not participate in any evaluation of the project subject to tender according to law constitutes a crime, criminal responsibility shall be investigated according to law. "

    83. to add a 16th article "laws and regulations on the provisions of the preceding paragraph otherwise provides, from its provisions".

    Seven, the engineering survey and design of construction projects tendering policy (national development and Reform Commission, Ministry of construction, Ministry of railways, Ministry of communications, Ministry of information industry, the Ministry of water resources, civil aviation administration, administration of orders, 2nd) amended

    (A) the deletion of the relevant regulatory provisions

    84. delete tenth article second paragraph in the of "all using state-owned funds investment or", delete 15th article second paragraph in the of "is tender file in the provides of bid file validity", delete 37th article second items in the of "mutual collusion quotes", delete 48th article third items in the of "void standard processing or was" and fourth items in the of "or defined for waste standard", delete 45th article first paragraph.

    (B) the provisions of laws and regulations related references serial number changes

    85. in the first section "under the People's Republic of China tendering and bidding law" changed to "under the People's Republic of China bidding law and the People's Republic of China implementation of the tendering and bidding Law Ordinance."

    86. in the 32nd, "according to the People's Republic of China bidding law and the Evaluation Committee and the provisional regulations on bid evaluation methods" amended to read "according to the People's Republic of China bidding law and the People's Republic of China tendering and bidding regulations for the implementation and the Evaluation Committee and the provisional regulations on bid evaluation method".

    87. in the 56th, "according to the People's Republic of China tendering and bidding law and other relevant laws, administrative regulations," amended to read "pursuant to the People's Republic of China bidding law and the People's Republic of China regulations on implementation of the tendering and bidding law and relevant laws and administrative rules and regulations."

    (C) the provisions of relevant regulations amendments 88. will fourth article modified for "according to national provides need perform project approval, and approved procedures of law must for tender of project, has following case one of of, by project approval, and approved sector approval, and approved, project of survey design can not for tender: (a) involved national security, and national secret, and rescue relief or belongs to using poverty funds implemented food-for-work, and need using farmers workers, special situation, not suitable for tender; (ii) main process, and technology used not alternative of patent or proprietary technology,

    Or its building art styling has special requirements; (three) procurement people law can itself survey, and design; (four) has through tender way selected of franchise project investment people law can itself survey, and design; (five) technology complex or professional sex strong, can meet conditions of survey design units less than three home, cannot formed effective competition; (six) has built project need modified, and expansion or technology, by other units for design effect project function supporting sex; (seven) national provides other special case ".

    89. in the sixth "at all levels of development planning, trade, construction, railways, communications, information technology (communications, electronic), water resources, civil aviation, broadcasting and other Department" amended to read "at all levels of development and reform, housing and urban-rural construction, industry and information technology, transportation, railway, water, business, broadcasting, civil aviation and other sectors." 90. the seventh article is changed to "tender person prescribed in the preceding paragraph must not be used to restrict or preclude potential bidders or bids.

    The tender of the project subject to tender according to law should not be used to avoid bidding in the preceding paragraph ".

    91. will ninth article modified for "law must for survey design tender of engineering construction project, in tender Shi should has following conditions: (a) tender people has law established; (ii) according to national about provides need perform project approval, and approved or record procedures of, has approval, and approved or record; (three) survey design has corresponding funds or sources has implementation; (four) by required of survey design based information has collection completed; (five) legal regulations provides of other conditions". 92. the 11th article is changed to "legally required public bidding for projects and invitation to tender in the following cases: (a) the technical complexity, have special requirements or limited by the natural environment, only a few potential bidders to choose from (ii) accounted for by public tender project contract amount is too large".
    93. in the 12th "tender notices" amended to "follow the prequalification notices, tenders," "five working days" is amended as "5th".

    94. the 15th article in the "preparation and printing costs for compensation" amended to "compensate for printing, mailing costs."

    95. in the 22nd "in accordance with the requirements of the tender documents" amended to read "in accordance with the requirements of the tender documents or tender invitation."

    96. in the 24th "generally does not exceed 2% of the investigation and design bidding" is amended as "shall not exceed the estimated costs of investigation and design of 2%".

    97. the 25th amendment as "after the deadline for submission of the tender documents before expiration of the validity of the provisions of the tender documents, bidder may withdraw its bid documents can not be returned or the tenderer the tender guarantee."

    98. the 26th article of the "and signed by its legal representative or authorized representatives" amended to read "and signed by its legal representative or authorized representative, except as otherwise provided in the tender documents."

    99. will 36th article modified for "bid file has following situation one of of, assessment standard Committee should rejected its bid: (a) without bid units sealed and units head signed; (ii) bid quotes not meet national issued of survey design take fee standard, or below cost, or above tender file set of highest bid limit; (three) not response tender file of substantive requirements and conditions". 100. will 37th article modified for "bid people has following situation one of of, assessment standard Committee should rejected its bid: (a) not meet national or tender file provides of qualification conditions; (ii) and other bid people or and tender people collusion bid; (three) to others name bid, or to other way fraud; (four) to to tender people or assessment standard Committee members bribe of means seek bid; (five) to Consortium form bid, not submitted common bid agreement

    (Vi) to submit more than two different bids or bidding, but except for the tender documents required to submit alternative proposals. " 101. the 40th article is changed to "the dominance of State-owned funds accounted for holding or project must be tendered according to law, the Tenderer shall determine the successful candidate ranked first for the winning bidder." Second paragraph is amended as "first-ranked successful candidate to abandon bid, proposed to perform a contract due to force majeure, not in accordance with the bid invitation documents require the submission of performance bonds, 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. In turn, determine the gap between the successful candidate and tenderer expected larger, or harmful to the tenderer, the tenderer can bid again. "

    Third paragraph as "tenderer may authorize the bid Assessment Committee to directly determine the winning bidder."

    102. modify the 41st to the "Tenderer shall, on receiving the bid evaluation Committee and a written evaluation report within 3rd day of publication successful candidate, publication period of 3rd."

    103. in the 42nd "from the date of winning notification issued within the 30th" amended to read "in the validity of the tender and bid in the 30th from the date the notice is issued".

    104. in article 44th of "five working days" is amended as "5th", "refund bond" amended to "refund security deposit and interest on bank deposits".

    105. in the 46th "completed before the bid validity end date of 30 days" is amended as "the validity of the tender is completed."

    106. the 47th article of the sixth "void" is amended as "no bids".

    107. the 48th in the "in the following cases, the Tenderer shall, in accordance with the way new" amended to read "in the following case, the analysis must tender the tenderer the tender according to law the reasons for failure and take appropriate measures, should be in accordance with the way new."

    108. in the 49th "Government approval of the project, after the approval of the project submitted to the original examination and approval Department" amended to "Government approval, approval of projects submitted to the original examination, approval and approval, approval of the project." 109. will 50th article modified for "tender people has following limit or exclusion potential bid people behavior one of of, by about administrative supervision sector in accordance with tender bid method 51st article of provides punishment; which, constitute law must for survey design tender of project of tender people avoid tender of, in accordance with tender bid method 49th article of provides punishment: (a) law must public tender of project not according to provides in specified media released qualification pre announcement or tender announcement

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

    110. Article 51 is amended as "tenderer has any of the following circumstances, Shut administrative supervision sector ordered corrected, can at 100,000 yuan following of fine: (a) law should public tender and used invited tender; (ii) tender file, and qualification pre file of sale, and clarified, and modified of time, or determine of submitted qualification pre application file, and bid file of time not meet tender bid method and tender bid method implementation Ordinance provides; (three) accept not through qualification pre of units or personal participate in bid; (four) accept should rejected of bid file.

    First item of the preceding paragraph, the third of the tenderer, the acts referred to in the fourth column, the unit shall be directly in charge of personnel and other persons directly responsible shall be given sanctions. " 111. will 54th article modified for "assessment standard Committee members has following behavior one of of, by about administrative supervision sector ordered corrected; plot serious of, ban its in must term within participate in law must for tender of project of assessment standard; plot special serious of, canceled its served as assessment standard Committee members of qualification: (a) not according to tender file provides of assessment standard standard and method assessment standard; (ii) should avoided and not avoided; (three) AWOL; (four) privately contact bid people

    ; (Five) to tender people consulting determine bid people of intention or accept any units or personal express or hinted proposed of tendencies or exclusion specific bid people of requirements; (six) on law should rejected of bid not proposed rejected views; (seven) hinted or induced bid people made clarified, and description or accept bid people active proposed of clarified, and description; (eight) other not objective, and not just perform positions of behavior ".

    112. the 55th is changed to "the tenderer and the winning bidder is not in accordance with the tender document tender contracts and the winning bidder, correction, can bid amount above 10 per thousand below the 5 per thousand".

    (D) the relevant regulatory provisions increased

    113. the 11th article "listed in the preceding paragraph, is in accordance with the relevant provisions of the State needs to fulfil the project's approval, approval procedures for projects, 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".

    114. increase the 24th article "units in the territory of the project subject to tender according to law, in cash or cheque submission of bid security should be transferred from its basic account". 115. the 27th article "tenderer accepts the Consortium bid and pre-qualification of the consortium shall submit a prequalification application documents before the.

    Prequalification of members of the Consortium after deletion, replacement, the tender invalid ".

    116. to add a 31st article "disagrees with the bidder to bid opening shall be raised in the opening scene, a tenderer shall respond on the spot, and making a record."

    117. Article 40th fourth paragraph is added "otherwise provided by the State Department to determine the winning bidder from its provisions". 118. increased 53rd article second paragraph "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 tender bid method implementation 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,

    Take a re-assessment in accordance with law. "

    Eight, of the bidding method of engineering construction project (under the State Development Planning Commission, Ministry of construction, Ministry of railways, Ministry of communications, Ministry of information industry, Ministry of water resources, civil aviation, 30th) amended

    (A) relevant government department name change

    119. the 91st in the "national development plan Committee" is amended as "the national development and Reform Commission."

    (B) the deletion of the relevant regulatory provisions

    120. deleting the eighth paragraph third, delete the 58th article.

    121. delete 15th in the fourth paragraph of "unauthorized".

    122. delete 28th article of the "other than price when the bid."

    123. in the 38th article is deleted "is not a valid tender documents."

    124. delete the 62nd article of the "bid invitation documents require the winning bidder to submit a performance bond or other form of performance guarantees, the successful tenderer shall submit refusal to submit, considered giving up the winning project".

    125. in the 71st article is deleted "and successful people-beneficiaries of the acts listed in the preceding paragraph".

    126. delete the 77th in the "bid evaluation Committee members or participate in the evaluation of the staff concerned to disclose in the tender documents and evaluation and comparison, the successful candidate recommendations and other evaluation-related, relevant departments for administrative supervision in a warning" and "Evaluation Committee members for violations."

    (C) the provisions of laws and regulations related references serial number changes

    127. in the first section "under the People's Republic of China Law on bidding and the responsibility of the relevant departments of the State Council" changed to "under the People's Republic of China bidding law and the People's Republic of China tendering and implementation of the law and the responsibility of the relevant departments of the State Council".

    (D) the provisions of relevant regulations amendments

    128. in the sixth "at all levels of development planning, trade, construction, railways, transportation, information industry, water conservancy, trade, civil aviation and other sectors" is amended as "development and reform at all levels, industry and information technology, housing construction, railway, water conservancy, transportation, Commerce, civil aviation and other sectors". 129. the tenth amendment as "in accordance with the relevant provisions of the State needs to fulfil the project approval, approval of bids for construction projects must be conducted in accordance with law, its tender, tender, tender form shall be submitted to the project's approval and approval, approval.

    Project approval, approval Department shall timely approval, approval to determine the tender notification about administrative supervision departments. " 130. will 11th article first paragraph modified for "law must for public tender of project, has following case one of of, can invited tender: (a) project technology complex or has special requirements, or by natural geographical environment limit, only few potential bid people can for select; (ii) involved national security, and national secret or rescue relief, suitable tender but should not be public tender; (three) used public tender way of costs accounted for project contract amount of proportion had big", second paragraph modified for "has Qian paragraph second items by column case

    Belonging to this article tenth of the project, 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 ". 131. will 12th article modified for "law must for construction tender of engineering construction project has following case one of of, can not for construction tender: (a) involved national security, and national secret, and rescue relief or belongs to using poverty funds implemented food-for-work need using farmers workers, special situation, not suitable for tender; (ii) construction main technology used not alternative of patent or proprietary technology; (three) has through tender way selected of franchise project investment people law can itself construction

    (Iv) procurement who can legally make their own construction, (v) subsidiary minor works or subjects of the construction in progress additional storey works, the original winning bidder still has the contract and other functions will affect construction or supporting requirements; (vi) other circumstances as stipulated by the State. " 132. will 15th article first paragraph in the of "five a days" modified for "5th", second paragraph in the of "but appeared inconsistent Shi to written tender file for associate, tender people should keep written tender file original original of intact" modified for "appeared inconsistent Shi to written tender file for associate, national another has provides of except", third paragraph in the of "charges should reasonable" modified for "charges should limited to compensation printing, and mailing of cost spending", fourth paragraph in the of "tender people in released tender announcement" modified for "

    Except for reasons of force majeure, a tenderer in the tender notice is published. "

    133. the 16th section of "legal and administrative regulations on potential bidders or bidder's qualifications had required" amended to read "national qualifications for potential bidders or bidders specified."

    134. the 18th article of the "publishing" is amended as "shall issue".

    135. the 19th article "should be set aside to handle" changed to "rejected".

    136.20th article the fifth amendment as "the other eligibility conditions set by the State."

    137. the 22nd article is changed to "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; without the consent of the tenderer, shall assign the procuratorial tender business."

    138. the 24th article of the first amendment as "tender notice or invitation to tender". 139. the 27th article is changed to "the Tenderer shall not be unreasonable or duration, restrict or preclude potential bidders or bidders.

    Bidding for construction projects must be conducted in accordance with law should not be used to divide sections of the tenderer Dodge tender. "

    140. in the 30th "over 12 months" is amended as "more time".

    141. the 34th article of the "bid must remain secret" changed to "bid in front of the opening must remain confidential". 142. the 37th article is changed to "bid bond shall not exceed the project estimation 2% of the price, but shall not exceed a maximum of 800,000 yuan.

    Bid security shall be consistent with the bid validity period the validity period ", in the third paragraph of the" tenderer "is amended as" tender or the tender agent entrusted agency ", fourth paragraph as" bidding for construction projects must be conducted in accordance with law in the territory of the tenderer, in cash or cheque submission of bid security should be transferred from its basic account ".

    143. will 38th article third paragraph in the of "submitted bid file of bid people" modified for "law must for construction tender of project submitted bid file of bid people", "tender people should law again tender" modified for "tender people in analysis tender failed of reasons and take corresponding measures Hou, should law again tender", "approval" and "approved" modified for "approval, and approved".

    144. the 40th is changed to "after the deadline for submission of the tender documents before expiration of the validity of the provisions of the tender documents, bidders may revoke its tender document, otherwise, the tenderer may not return the bid." 145. Article 43rd adapted to "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, the tender invalid ".

    146. in article 44th of "must specify" modify "should be designated" 48th "through the transfer" is amended as "by". 147. will 47th article modified for "following behavior are is tender people and bid people collusion bid: (a) tender people in opening Qian opened bid file and will about information leaked to other bid people, or inspired bid people replaced, and modified bid file; (ii) tender people to bid people leaked bid, and assessment standard Committee members, information; (three) tender people express or hinted bid people down or raised bid quotes; (four) tender people express or hinted bid human specific bid people bid provides convenient

    (V) the tenderer with bidders for the pursuit of a specific other collusive acts taken by the winning bidder the winning bidder ". 148. Article 50, paragraph amended as "tender documents, one of the following circumstances, the Tenderer shall refuse to: (I) late, (ii) not complying with the tender document sealed." Second paragraph modified for "has following case one of of, assessment standard Committee should rejected its bid: (a) bid file without bid units sealed and units head signed; (ii) bid Consortium no submitted common bid agreement; (three) bid people not meet national or tender file provides of qualification conditions; (four) same bid people submitted two a above different of bid file or bid quotes, but tender file requirements submitted alternative bid of except

    (V) bid price or higher than the highest bid bidding documents set below cost price; (f) tender documents failed to respond to the substantive requirements of the tender documents and conditions; (VII) bidders bid-rigging, fraud, bribery and other violations ".

    149. the 52nd in the "bid inviting party shall refuse and allow bidders to" amended to read "Evaluation Committee must not be allowed to bid".

    150. the 56th article is changed to "project subject to tender according to law, the Tenderer shall, from the date of receipt of the evaluation report in the 3rd public bid candidate, public notice period of not less than 3rd". 151. Article 58, paragraph amended as "dominance of State-owned funds accounted for holding or 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 shall not be submitted to perform 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.

    In turn, determine the gap between the successful candidate and tenderer expected larger, or harmful to the tenderer, the tenderer can bid again. "

    152. in the 62nd article of "should the winning bidder notice" is amended as "shall, within the period of validity and the winning bidder notice."

    153. the 63rd is changed to "Tenderer shall, at the latest with the winning bidder within 5th after signing the contract, to the winning bidder and unsuccessful bidders to refund deposits and interest on bank deposits". 154. will 72nd article in the of "except has due reason outside, about administrative supervision sector give warning, according to plot can at 30,000 yuan following of fine; to potential bid people or bid people caused loss of, and should compensation loss" modified for "should timely returned by charged of qualification pre file, and tender file of costs, and by charged of bid margin and the Bank earlier deposits interest.

    Losses caused to a prospective bidder or bidders, should compensate for the losses. " 155. will 73rd article first paragraph modified for "tender people has following limit or exclusion potential bid people behavior one of of, by about administrative supervision sector in accordance with tender bid method 51st article of provides punishment; which, constitute law must for construction tender of project of tender people avoid tender of, in accordance with tender bid method 49th article of provides punishment: (a) law should public tender of project not according to provides in specified media released qualification pre announcement or tender announcement (Ii) published in different media the same tender prequalification notices or tender notice inconsistent, affecting potential bidders to apply for prequalification or tender ". Second paragraph modified for "tender people has following case one of of, by about administrative supervision sector ordered corrected, can at 100,000 yuan following of fine: (a) law should public tender and used invited tender; (ii) tender file, and qualification pre file of sale, and clarified, and modified of time, or determine of submitted qualification pre application file, and bid file of time not meet tender bid method and tender bid method implementation Ordinance provides; (three) accept not through qualification pre of units or personal participate in bid

    And (iv) accept the bid documents shall refuse to ". 156. in article 74 "cause damage to others shall bear liability" amended to "cause damage to others shall bear liability.

    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 ". 157.75 "until the Administration for industry and commerce shall revoke business license" is amended as "until the Administration for industry and commerce shall revoke business licenses.

    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 ".

    158. in the 77th "shall not participate in any bidding for the project bid" changed to "not permitted to participate in the tender of the project subject to tender according to law". 159. will 78 article modified for "assessment standard Committee members should avoided and not avoided, AWOL, not according to tender file provides of assessment standard standard and method assessment standard, privately contact bid people, to tender people consulting determine bid people of intention or accept any units or personal express or hinted proposed of tendencies or exclusion specific bid people of requirements, on law should rejected of bid not proposed rejected views, hinted or induced bid people made clarified, and description or accept bid people active proposed of clarified, and description,

    Or other objectively and impartially perform their duties, relevant departments for administrative supervision shall be ordered to correct serious cases, prohibit their participation within a certain period the tender of the project subject to tender according to law the circumstances are especially serious, disqualified as members of the bid Assessment Committee ". 160. will 79th article modified for "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 tender bid method implementation 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 decided invalid, law again for review

    ”。 161. will 80th article modified for "law must for tender of project of tender people has following case one of of, by about administrative supervision sector ordered corrected, can at bid project amount 10 per thousand following of fine; to others caused loss of, law bear compensation responsibility; on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition: (a) no due reason not issued bid notice; (ii) not according to provides determine bid people

    (Iii) notification is issued without a legitimate reason to alter the bid results; (iv) without justifiable reason not to conclude contracts with the winning bidder (v) at the time of conclusion of the contract to the winning bidder made subject to conditions ". 162. will 81st article modified for "bid notice issued Hou, bid people gave up bid project of, no due reason not and tender people signed contract of, in signed contract Shi to tender people proposed additional conditions or change contract substantive content of, or refused to submitted by requirements of performance margin of, canceled its bid qualification, bid margin not returned; to tender people of loss over bid margin amounts of, bid people should on over part be compensation; no submitted bid margin of, Shall be liable for the loss of tender.

    The winner of bidding for construction projects must be conducted in accordance with law, supervised by the relevant administrative department ordered corrective action and winning bid amount is below 10 per thousand ".

    163. will 83rd article in the of "tender people, and bid people made deviated from contract substantive content of agreement of, or tender people unauthorized improve performance margin or forced requirements bid people advance bid project construction funds of" modified for "contract of main terms and tender file, and bid people of bid file of content not consistent, or tender people, and bid people made deviated from contract substantive content of agreement of".

    164. in the 85th "should return double the winning bidder of a performance bond; the damage caused to the winning bidder over return of performance bonds, excess compensation should be" amended to read "performance bond shall be returned to the winning bidder, and bear the responsibility of compensation." 165. the 89th is changed to "bidder or any other interested person that the construction project tendering and bidding activities does not meet the requirements of the national, knew or should have known that within 10th of complaints to the relevant departments for administrative supervision.

    Complaints should be clear and the necessary documents at the request of ".

    (E) Regulations provisions increased 166. the 34th article sixth "tenderer with 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 bid price. "

    167. the 49th article: "disagrees with the bidder to bid opening shall be raised in the opening scene, a tenderer shall respond on the spot, and making a record."

    168. the 73rd article "first item of the preceding paragraph, the third of the tenderer, the acts referred to in the fourth column, the unit shall be directly in charge of personnel and other persons directly responsible shall be given sanctions."

    Nine, the construction project tendering and bidding activities complaint handling policy (national development and Reform Commission, Ministry of construction, Ministry of railways, Ministry of communications, Ministry of information industry, the Ministry of water resources, Civil Aviation Administration makes 11th) amended

    (A) the deletion of the relevant regulatory provisions

    169. delete article 21st.

    (B) the provisions of laws and regulations related references serial number changes

    170. in the first section "under the People's Republic of China tendering and bidding law article 65th" amended to read "under the People's Republic of China bidding law and the People's Republic of China implementation of the tendering and bidding Law Ordinance."

    171. the 20th article of the second "under the People's Republic of China tendering and bidding law and other related laws and regulations," amended to read "pursuant to the People's Republic of China bidding law and the People's Republic of China implementation of the tendering and bidding law and other relevant laws and regulations."

    (C) the provisions of relevant regulations amendments

    172. in the first paragraph of article "and any other interested person" amended to read "or any other interested person."

    173. the second paragraph of article III and the seventh in the second paragraph of article "personal" changed to "natural persons".

    174. will fourth article first paragraph in the of "levels development reform, and construction, and water, and traffic, and railway, and civil aviation, and information industry (communications, and electronic)," modified for "levels development reform, and industrial and information, and housing urban and rural construction, and water, and traffic transport, and railway, and business, and civil aviation,", second paragraph in the of "about industry administrative supervision sector has accepted of" modified for "about industry administrative supervision sector has received of". 175. the article is changed to "the complainant considered that the bidding and tendering activities does not meet the provisions of laws and administrative regulations, you can know or should know the date of the complaint in writing in the 10th.

    Objection in accordance with the relevant administrative rules and regulations, objections answered are not counted during ".

    176. in the tenth "can direct complaints" amended to read "can direct complaints."

    177. the 11th article in the "5th" amended to read "three days".

    178. the 12th article sixth amendment as "complaints should first be contested not contested, has entered the administrative reconsideration or administrative proceedings".

    179. the 20th article of the first amendment as "complaint lacks factual or legal basis, or complainant, forged, fabricated facts material or illegal means to obtain evidence of complaints and dismissed the complaint." 180. the 21st article is changed to "administrative supervision Department is responsible for handling complaints should receive complaints within 30 working days from the date, on the subject of complaint made a decision, and notify in writing the complainant and the respondent and other results the parties involved in the complaint.

    Need inspection, testing and verification, expert evaluation, excluding the time required. "

    181. Article 26th adapted to "complainant deliberately fabricated facts, forged documents or illegal means to obtain evidence to complaints, cause damage to others shall bear liability".

    (D) the relevant regulatory provisions increased 182. the seventh article "objected to the bidding law implementing regulations should be matters of complaint, appeal shall be attached to supporting documents.

    Complaints to the relevant departments for administrative supervision, should be ". 183. the 18th article "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 tender and bid activities. "

    Ten, for the goods of engineering construction project tendering policy (national development and Reform Commission, Ministry of construction, Ministry of railways, Ministry of communications, Ministry of information industry, the Ministry of water resources, civil aviation administration, the 27th) to amend

    (A) the deletion of the relevant regulatory provisions 184. in the deleted article "subject to tender according to law".
    185. delete 16th in the second paragraph of "public" and "and the need to open the selection of potential bidders to bid".

    186. delete the 32nd in the second paragraph of article "or should be set aside."

    187. delete the second paragraph of article, the fifth the fourth paragraph of article, the 27th article fourth, 34th article, article 44th, 48th article.

    (B) the provisions of laws and regulations related references serial number changes

    188. in the first section "under the People's Republic of China Law on bidding and the responsibility of the relevant departments of the State Council" changed to "under the People's Republic of China bidding law and the People's Republic of China tendering and implementation of the law and the responsibility of the relevant departments of the State Council".

    189. in the seventh "fifth paragraph these measures" amended to read "this article fifth."

    (C) the provisions of relevant regulations amendments

    190. will fifth article second paragraph in the of "goods reached national provides scale standard of" modified for "goods belongs to law must for tender of project range and reached national provides scale standard of", third paragraph modified for "engineering construction project implemented total contracting tender Shi, to temporarily valuation form including in total contracting range within of goods belongs to law must for tender of project range and reached national provides scale standard of, should law organization tender".

    191. in the sixth "at all levels of development and reform, construction, railways, transportation, information industry, water conservancy, civil aviation and other sectors" is amended as "development and reform at all levels, industry and information technology, housing construction, railway, water conservancy, transportation, civil aviation and other sectors".

    192. in the seventh "common" amended to read "individually or jointly". 193. will ninth article modified for "law must for tender of engineering construction project, by national about provides need perform approval, and approved procedures of, tender people should in submitted of feasibility research report, and funds application report or project application report will be goods tender range, and tender way (public tender or invited tender), and tender Organization (itself tender or delegate tender), about tender content reported project approval, and approved sector approval, and approved.

    Approved project approval, departments shall approve, approve bidding notification about administrative supervision departments. " 194. will 11th article first paragraph modified for "law should public tender of project, has following case one of of, can invited tender: (a) technology complex, and has special requirements or by natural environment limit, only few potential bid people can for select; (ii) used public tender way of costs accounted for project contract amount of proportion had big; (three) involved national security, and national secret or rescue relief, suitable tender but should not be public tender".

    Modify the second paragraph as "listed in the preceding paragraph, is 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, approved by the project approval, departments; other items found by the relevant departments for administrative supervision of the tenderer".

    195. in the 12th "tender notices" is amended as "prequalification notices and tenders". 196. the modify the 14th paragraph to the "Tenderer shall follow the prequalification notices, tenders or invitations to bid requirements of time, places on sale or prequalification documents. Since the tender documents or the prequalification documents to suspend the sale until the day of the date of sale, the shortest shall not be less than 5th. " In the second paragraph of "legal and administrative regulations, or the tender documents" changed to "country".

    In the third paragraph of "reasonable" is amended as "shall be limited to the compensation costs of printing, mailing expenses". 197. the modify the 14th paragraph fourth to "except for reasons of force majeure, or pre-qualification documents issued after the tender documents, not be returned; the tenderer in the tender notice is published, the issuance of invitations to bid or send out the tender documents or may not terminate the tender after pre-qualification documents. Termination of the tenderer the 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 the bid deposit and interest on bank deposits ".

    198. the 15th article in the "legal and administrative regulations on potential bidders or bidder's qualifications had required" amended to read "national qualifications for potential bidders or bidders specified."

    199. the 18th article of the first amendment as "pre-qualification".

    200. will 20th article first paragraph in the of "qualification pre qualified of potential bid people insufficient three a of, tender people should again for qualification pre" modified for "law must tender of project through qualification pre of applicants insufficient three a of, tender people in analysis tender failed of reasons and take corresponding measures Hou, should again tender", second paragraph in the of "should on its bid void standard processing" modified for "should rejected its bid".

    201. the 21st article of the first amendment as "tender notice or invitation to tender".

    202. the 21st article is changed to "national bidding technology, standards and quality of the goods provided, the Tenderer shall, in accordance with the provisions of the corresponding requirements set out in the tender documents."

    203. the 23rd article in the "equipment or supply contract" is amended as "device, material, or supply contract". 204. the 27th article in the "can also be other legitimate form of security approved by the tenderer" amended to read "can also be other legitimate form of security approved by the tenderer. Project subject to tender according to law in the territory of the tenderer, in cash or cheque submission of bid security should be transferred from its basic account ". In the second paragraph of "bid bond shall not exceed the bid price 2%" changed to "bid bond shall not exceed the project estimate price of 2%".

    In the third paragraph of "due date" is amended as "deadline", "or the tender agent institution" amended to read "or commissioned by the tender agent."

    205. in the second paragraph of article 28 "withdrawal of its bid" changed to "recover its bid security deposit and interest on bank deposits", the third paragraph is amended as "agreed to extend the validity of the project subject to tender according to law less than three bidders, the tenderer in the analysis of bidding after the reasons for failure and take appropriate measures, should be re-bid." 206. the 34th article is changed to "in the tender documents served after the deadline for the submission of bid documents bid documents, the Tenderer shall refuse". Modify the fourth paragraph to "the project subject to tender according to law, less than three bidders submitted the tender documents, tender people bidding on analysis of failure and take appropriate measures, should be re-tendered.

    New bidders is less than three, according to the relevant regulations of the State needs approval, approval procedures for projects subject to tender according to law, after project approval, approval and approval, approval may no longer tender. "

    207. the 36th is changed to "after the deadline for submission of bid documents, bidders may revoke its tender document, otherwise, the tenderer may not return the bid."

    208. the 38th article of the "otherwise set aside to deal with" amended to read "otherwise the tender invalid". 209. the 39th article is changed to "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, the tender invalid ". 210. the 41st article is changed to "bid documents, one of the following circumstances, the Tenderer shall refuse to: (I) late, (ii) not complying with the tender document sealed." Second paragraph modified for "has following case one of of, assessment standard Committee should rejected its bid: (a) bid file without bid units sealed and units head signed; (ii) bid Consortium no submitted common bid agreement; (three) bid people not meet national or tender file provides of qualification conditions; (four) same bid people submitted two a above different of bid file or bid quotes, but tender file requirements submitted alternative bid of except (V) the tender price or higher than the highest bid bidding documents set below cost price, and (vi) bid documents do not have to respond to the substantive requirements of the tender documents and conditions; (VII) bidders bid-rigging, fraud, bribery and other violations ".

    Modify the third paragraph to "the law project evaluation Committee rejected all bids must be tendered, or part of the Evaluation Committee rejected bids other effective bidding less than three bids after the apparent lack of competition, has decided to reject all tenders, the tenderer in the analysis of bidding after the reasons for failure and take appropriate measures, should be re-bid."

    211. the 43rd in the "bid evaluation Committee should set aside does not allow bidders to" amended to read "Evaluation Committee must not be allowed to bid".

    212. the 47th article is changed to "project subject to tender according to law, the Tenderer shall, from the date of receipt of the evaluation report in the 3rd public bid candidate, public notice period of not less than 3rd". 213. the 48th article is changed to "the dominance of State-owned funds accounted for holding or 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 shall not be submitted to perform 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.

    In turn, determine the gap between the successful candidate and tenderer expected larger, or harmful to the tenderer, the tenderer can bid again. "

    214. in the 51st article "shall be the winning bidder notice" is amended as "shall, within the period of validity and the winning bidder notice", the third paragraph is amended as "10% of the performance bonds shall not exceed the accepted contract amount."

    215. to modify the 52nd to "Tenderer shall, after signing the contract in writing at the latest within the 5th, to the winning bidder and unsuccessful bidders a one-time refund of deposit and interest on bank deposits". 216. will 55th article modified for "tender people has following limit or exclusion potential bid behavior one of of, by about administrative supervision sector in accordance with tender bid method 51st article of provides punishment; which, constitute law must for tender of project of tender people avoid tender of, in accordance with tender bid method 49th article of provides punishment: (a) law should public tender of project not according to provides in specified media released qualification pre announcement or tender announcement

    (Ii) published in different media the same tender prequalification notices or tender notice inconsistent, affecting potential bidders to apply for prequalification or tender ". 217. will 56th article modified for "tender people has following case one of of, by about administrative supervision sector ordered corrected, can at 100,000 yuan following of fine: (a) law should public tender and used invited tender; (ii) tender file, and qualification pre file of sale, and clarified, and modified of time, or determine of submitted qualification pre application file, and bid file of time not meet tender bid method and tender bid method implementation Ordinance provides; (three) accept not through qualification pre of units or personal participate in bid (Iv) acceptance shall refuse to tender documents.

    First item of the preceding paragraph, the third of the tenderer, the acts referred to in the fourth column, the unit shall be directly in charge of personnel and other persons directly responsible shall be given sanctions. " 218. will 57th article modified for "assessment standard Committee members has following behavior one of of, by about administrative supervision sector ordered corrected; plot serious of, ban its in must term within participate in law must for tender of project of assessment standard; plot special serious of, canceled its served as assessment standard Committee members of qualification: (a) should avoided and not avoided; (ii) AWOL; (three) not according to tender file provides of assessment standard standard and method assessment standard; (four) privately contact bid people

    ; (Five) to tender people consulting determine bid people of intention or accept any units or personal express or hinted proposed of tendencies or exclusion specific bid people of requirements; (six) on law should rejected of bid not proposed rejected views; (seven) hinted or induced bid people made clarified, and description or accept bid people active proposed of clarified, and description; (eight) other not objective, and not just perform positions of behavior ". 219. will 58th article first paragraph modified for "law must for tender of project of tender people has following case one of of, by about administrative supervision sector ordered corrected, can at bid project amount 10 per thousand following of fine; to others caused loss of, law bear compensation responsibility; on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition: (a) no due reason not issued bid notice; (ii) not according to provides determine bid people (Iii) notification is issued without a legitimate reason to alter the bid results; (iv) without justifiable reason not to conclude contracts with the winning bidder (v) at the time of conclusion of the contract to the winning bidder made subject to conditions ". Second paragraph modified for "bid notice issued Hou, bid people gave up bid project of, no due reason not and tender people signed contract of, in signed contract Shi to tender people proposed additional conditions or change contract substantive content of, or refused to submitted by requirements of performance margin of, canceled its bid qualification, bid margin not returned; to tender people of loss over bid margin amounts of, bid people should on over part be compensation; no submitted bid margin of, should on tender people of loss bear compensation responsibility.

    The winning bidder of the project subject to tender according to law, supervised by the relevant administrative department ordered corrective action and winning bid amount is below 10 per thousand ".

    220. the 59th article is changed to "bid fails to perform the contract with the winning bidder, performance bond shall be returned to the winning bidder, and bear liability did not submit a performance bond shall bear liability for losses to the winning bidder."

    (D) the relevant regulatory provisions increased 221. the 22nd article "Tenderer shall not be unreasonably restrict or preclude potential bidders or bidders.

    Project subject to tender according to law the tender shall not use the sign package divided Dodge tender. "

    222. to add a 31st article fourth "tenders bidders are required to submit a bid bond shall be presented in the second stage."

    223. the 32nd article "violation of the provisions of the preceding two paragraphs, bids are valid." 224. the 38th article "consortium won the bid, should be designated lead person or representative authorized to represent all members of the Consortium signed a contract with the tenderer, responsible for the overall coordination of contract implementation phase.

    However, need to be submitted by the tenderer of all power of attorney signed by the legal representative of the members of the Consortium. "

    225. the 40th article "disagrees with the bidder to bid opening shall be raised in the opening scene, a tenderer shall respond on the spot, and making a record."

    Plenary, on the standard of construction tender prequalification documents and the regulations on the trial the standard bidding documents (national development and Reform Commission, Ministry of finance, Ministry of construction, Ministry of transport, Ministry of information industry, Ministry of water resources, civil aviation administration, administration of orders, 56th) amended

    (A) Regulations name modification

    226. "the standard tender pre-qualification documents trial the standard bidding documents and regulations" is amended as "the standard tendering the prequalification documents and the provisional regulations on standard bidding documents".

    (B) the deletion of the relevant regulatory provisions

    227. delete the fifth, seventh, eighth and Nineth and tenth and 11th in the "pilot project".

    228. delete article 12th "in the course of the trial."

    229. the deletion of article 14th.

    (C) the provisions of relevant regulations amendments

    230. the article is changed to "This applies to the standard document of construction project must be tendered according to law".

    231. the fourth amendment as "tenderer should be based on the standard files and industry-standard bidding documents (if any), combining with the project specific characteristics and needs, in accordance with the open, equitable and fair and honest principles of preparing construction bid prequalification or tender documents for construction, and according to the provisions of government procurement policy".

    232. Article 12th in the "select pilot departments" is amended as "relevant departments". 233. the 15th article in the "the standard document as an annex to these provisions, these provisions also released.

    This provision with the standard file with effect from May 1, 2008 on trial "is amended as" the standard document as an annex to these regulations, promulgated concurrently with the present provisions. "

    12, the State Development Planning Commission on specifying the publication law must tender notice tender notice media (including policies [2000]868) amend

    (A) the standard file name modification

    234. "the State Development Planning Commission on specifying the publication law must tender notice tender notice media" is amended as "the national development and Reform Commission, specifying the publication required by law on pre-qualification of tenders notices and tender notice issued the notice on the media."

    (B) the provisions of laws and regulations related references serial number changes 235. will "according to People's Republic of China tender bid method and circular of the issued State about sector implementation tender bid activities administrative supervision of duties Division views of notification (State sent [2000]34,) of about provides" modified for "according to People's Republic of China tender bid method, and People's Republic of China tender bid method implementation Ordinance and circular of the issued State about sector implementation tender bid activities administrative supervision of duties Division views of notification (State sent [

    2000]34) the provisions ".

    (C) the relevant normative document amendments

236. "the State Development Planning Commission specified" is amended as "the national development and Reform Commission specified." 237. "tender notices" is amended as "prequalification notices and tenders".