State Development Planning Commission, Inclusion of Bid Invitation Details and Authorized Bid Invitation Particulars in the Feasibility Study Report of Construction Projects Tentative Provisions

Promulgated: June 18 2001
Effective: as of date of promulgation
Interpreting Authority: State Development Planning Commission
Applicability: The Provisions apply to construction projects for which the invitation for bids is legally required as stipulated in the Standards for the Scope and Size of Construction Projects Requiring Invitation for Bids (Article 2).

Main contents: Article 3 states that construction projects legally requiring the invitation for bids must include details of the bid invitation in the feasibility study submitted to the examination and approval authority.
Article 4 lists information to be included with the feasibility study. This includes the extent of bid activities (complete bid or partial bid), the intended bid structure (bid by an agency or independent bidder) and the intended bid invitation method (public invitation for bids or bid by invitation). Those intending to invite bids independently must still submit printed documentation in accordance with the Self-conducted Invitation for Bids for Construction Projects Tentative Procedures. Bid by invitation of designated "key projects" must be explained.
Article 5 states that an application not to invite bids may be included in the feasibility study when State security concerns exist, when patented processes are employed or special architectural features exist, or if less than three contractors, suppliers or service providers are available.
Article 6 states that under special circumstances an invitation for bids can be initiated prior to the submission of the feasibility study. This requires authorization by the examination and approval authority however, and if the examination and approval authority deems that a bid invitation initiated in this manner is in some way not in accordance with laws and regulations, it can order correction.
Related legislation: PRC, Invitation and Submission of Bids Law, Aug 30 1999, CLP 1999 No.8 p34; Standards for the Scope and Size of Construction Projects Requiring Invitation for Bids, May 1 2000, CLP 2000 No.5 p4 and Self-conducted Invitation for Bids for Construction Projects Tentative Procedures, Jul 1 2000, CLP 2000 No.7 p9