National Development and Reform Commission, Ministry of Construction, Ministry of Railways, Ministry of Communications, Ministry of Information Industry, Ministry of Water Resources, Civil Aviation Administration of China and State Administration of Radio, Film and Television, Invitation and Submission of Bids for Survey and Design of Construction Projects Measures

Issued: June 12 2003
Effective: August 1 2003
Interpreting authority: National Development and Reform Commission in consultation with relevant departments

Main contents: Construction projects under the scope and standards of the Standards for the Scope and Size of Construction Projects Requiring Invitation for Bids Provisions must conduct an invitation for bids for the survey and design of the projects with only a few exceptions such as those involving State security (Articles 3 and 4). One invitation for bids may be conducted for the whole project, or invitations of bids may be conducted in phases or by items. No work units or individuals, however, may take advantage of the aforementioned provision and split the projects into small portions to avoid invitation for bids (Article 3). Public invitation for bids is required for projects in which State-owned capital accounts for a controlling or leading share, as well as key State or local projects (Article 10). Bids may be invited privately under the circumstances set forth in Article 11. For example, only a few prospective bidders are available for selection due to technical or environmental resources reasons. Part Three covers submission of bids. It stipulates that the bid deposit may not exceed 2% of the bid price, nor a maximum of Rmb100,000 (Article 24). Part Four covers opening of bids, evaluation of bids and determination of the winning bidder. A bid evaluation committee will evaluate the bid documents usually on the basis of the bidder's performance, reputation, the capability of its survey and design personnel and the quality of the survey and design proposal (Article 33).
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 Provisions, May 1 2000, CLP 2000 No.5 p4; Circular of the General Office of the State Council on the Issuance of the Division of Functions and Duties Among Relevant Departments of the State Council in Respect of the Administrative Supervision of Bid Invitation and Submission Activities Opinion, 2000; Bid Evaluation Committees and Methods Tentative Provisions, Jul 5 2001, CLP 2001 No.7 p14; PRC Contract Law, Mar 15 1999, CLP 1999 No.4 p19 and Administration of Construction Survey and Design Regulations, Sep 25 2000, CLP 2000 No.9 p5