State Development Planning Commission, Supervision of Invitation and Submission of Tenders for Major State Construction Projects Tentative Measures

Promulgated: January 10 2002
Effective: February 1 2002
Interpreting authority: State Development Planning Commission (SDPC)
Applicability: "Major State construction projects" means State-financed construction projects approved by the State Council after examination or verification by the State Development Planning Commission (Article 3).

Main contents: SDPC shall send auditors to supervise the invitation and submission of bids for major State construction projects (Article 2). Such auditors shall verify that bid invitations and submissions comply with laws and regulations, the legality and truthfulness of the bid invitation and submission documents and information, the legality and compliance with documentary requirements of the various tender invitation and submission processes and the enforcement of the tender invitation and submission results (Article 10). Auditors may not sit on the tender evaluation panel (Article 11). Audits may be conducted on an ongoing basis in respect of the entire tender invitation and submission process or on a spot-check basis, and SDPC shall formulate a list of projects which shall be subject to on-going audit (Article 8). SDPC shall impose penalties on responsible parties for irregularities discovered by auditors during the tender invitation and submission process (Article 13).
Related legislation: PRC, Invitation and Submission of Bids Law, Aug 30 1999, CLP 1999 No.8 p34; State Council General Office, Division of Responsibilities Among the Relevant Departments of the State Council in Administrative Supervision of Invitation and Submission of Bids Circular, 2000; Auditing Major State Construction Projects Measures, 2000; Guidelines for the Scope and Size of Construction Projects Requiring Invitation for Bids, May 1 2000, CLP 2000 No.5 p4 and Bid Evaluation Committees and Methods Tentative Provisions, Jul 5 2001, CLP 2001 No.9 p33