State Development Planning Commission, Ministry of Construction, Ministry of Railways, Ministry of Communications, Ministry of Information Industry, Ministry of Water Resources and Civil Aviation Administration of China, Invitation and Submission of Bids for Construction Projects Measures

Promulgated: March 8 2003

Effective: May 1 2003

Main contents: Part Two relates to invitation for bids, and contains provisions on methods, qualifications and the invitation announcement. Article 8 requires that the preliminary plan and budget have been approved, as well as the scope, method and organization of the invitation for bids; and that project funds have been secured before an invitation for bids can be carried out. Public invitation for bids is required for key State projects or provincial projects or projects that are funded solely by State capital or where State funds account for a controlling or leading position (Article 11). Part Three relates to submission of bids and allows submission in the form of a consortium. The bid inviting party may require bidders to pay a bid submission deposit but the deposit shall not exceed 2% of the total value of the bidding project or Rmb800,000 (Article 37). Article 46 lists the acts that are deemed to be collusion in submission of bidding prices. Part Four relates to opening and evaluation of bids as well as determination of the bid winner.