State Development Planning Commission, State Economic and Trade Commission, Ministry of Construction, Ministry of Railways, Ministry of Communications, Ministry of Information Industry and Ministry of Water Resources, Bid Evaluation Committee and Bid Evaluation Methods Tentative Provisions

Promulgated: July 5 2001
Effective: as of date of promulgation
Interpreting authority: State Development Planning Commission jointly with other relevant departments

Applicability: These Provisions apply to the evaluation of bids in relation to projects that are subject to tendering under the law (Article 2). Bid evaluation in other projects may refer to these Provisions. These Provisions do not apply to projects that are funded by international organizations or foreign governments and where the funding parties have specifications regarding the bid evaluation committee and method of bid evaluation (Article 59).

Main contents: The Provisions have 62 articles, which prescribe the composition of the bid evaluation committee and the rules for bid evaluation. Members of the bid evaluation committee, according to the Provisions, shall normally be determined before the opening of bids but their names shall be kept confidential until the winning bidder has been determined (Article 8). The main criteria for selection of expert members of the committee are listed in the Provisions and conflict of interest in this respect is also specified in the Provisions (Articles 11 and 12). A person who is not a member of the committee but who knows the particulars of the bid evaluation as a result of his or her involvement in the supervision or other affairs of the bid evaluation also has an obligation of confidentiality in respect of the bid evaluation (Article 14). Bid evaluation shall be exclusively based on the criteria and method prescribed in the bid invitation documents (Article 17). Exchange rate and exchange risk shall be addressed in the bid invitation documents or the bidding party shall bear the exchange risk (Article 18). A bid shall be voided by the bid evaluation committee if the bidder has submitted the bid in a fraudulent way or if the bid price is unjustifiably lower than the other bid prices or the reserve price or if the bid fails to respond to all the substantive requirements and conditions of the bid invitation documents (Articles 20, 21 and 23). The bid evaluation committee may use various methods to evaluate bids, and the Provisions mention the lowest bid price method and the comprehensive evaluation method (Articles 30 to 37).
Related legislation: PRC, Invitation and Submission of Bids Law, Aug 30 1999, CLP 1999 No.8 p34