Shenzhen Special Economic Zone, Invitation and Submission of Tenders for Works of Construction Projects Regulations (Revised)

Promulgated: January 17 2002
Effective: March 1 2002
Applicability: "Construction projects" means civil engineering, construction, municipal infrastructure, pipeline and equipment installation projects and renovation projects (Article 2).

Main contents: The Procedures provide that any construction project to be contracted out at over Rmb2 million (or Rmb1 million if the total project cost is over Rmb20 million) under a single contract shall be subject to invitation for tenders (Article 7). However, invitation for tenders is optional for construction projects that are wholly funded or controlled by foreign or private investors or those in which foreign or private investors jointly provide more than 50% of the investment and State investment does not play a dominant role. (Article 8). Public invitation for tenders is required for construction projects that are wholly funded with State funds or controlled by State funds and that are to be contracted out at over Rmb2 million under a single contract (Article 11). Where a construction project is subject to invitation for tenders, its tendering process shall be conducted in the Construction Project Trading Service Centre, a non-profit organization set up by the municipal government to provide a marketplace and other services for the contracting of construction projects (Article 14). Project owners may invite tenders on their own provided they meet the requirements specified by the State (Article 16). The Regulations also specify the procedures for invitation and submission of tenders, opening and evaluation of tenders and determination of winning tenders (Part Four and Part Five).
Related legislation: PRC, Invitation and Submission of Bids Law, Aug 30 1999, CLP 1999 No.8 p34