Beijing Municipality, Several Provisions on the Setting and Use of Reserve Prices in Invitation for Bids for Works of Construction Projects

北京市工程建设项目施工招标标底编制和使用的若干规定

June 02, 2007 | BY

clpstaff &clp articles &

More specific requirements on the reserve price to control bribery in construction project bidding in Beijing.

Clp Reference: 4200/07.03.22 Promulgated: 2007-03-22 Effective: 2007-05-01

Promulgated: March 22 2007
Effective: May 1 2007
Interpreting Authorities: Municipal Commission of Development and Reform and Municipal Construction Committee

Applicability: The term "construction projects" refers to the various types of housing construction projects, and the installation projects of auxiliary facilities and the ancillary wiring circuits, pipelines and equipment, indoor and outdoor furnishing projects as well as new projects of urban public infrastructure facilities (Article 2).

The setting and use of reserve prices in the invitation for bids for professional subcontracting of construction works and subcontracting of services in construction projects may be handled with reference to these Provisions (Article 17).

Main Contents: No work unit or individual may force the bid inviting party to set a reserve price or submit the same for examination, or interfere with the determination of the reserve price. There shall only be one reserve price for each bid-inviting project (Article 3). Personnel who sets the reserve price must be a cost engineer or cost personnel registered at the reserve price setting work unit (Article 4). The reserve price shall be determined reasonably according to the investment budget for the approved preliminary design, based on the relevant construction cost calculation methods of the state and the municipality as well as the bid invitation document, with reference to the relevant project quota, in light of market supply and demand, and the actual situation of construction, and by consolidating factors, such as investment, construction period and quality (Article 5). The reserve price shall reflect the market price at the price-setting period (Article 6). The bid-inviting party may set a limit price with a reasonable upward floating range on the basis of the reserve price to reject excessively high bids. The bid-inviting party may set a reasonable downward floating range below the reserve price as an alert level for the minimum construction cost for the project. The downward floating range below the reserve price for bids for overall contracting of construction works shall not exceed 6% in general. The ranges of bid limit price and alert level shall be clearly stipulated in the bid invitation document (Article 10).

Related Legislation: PRC Law on Invitation for and Submission of Bids, Aug 30 1999, CLP 1999 No.8 p.34; Beijing Municipality, Regulations for Invitation for and Submission of Bids, Sept 6 2002; Measures for Invitation for and Submission of Bids for Construction Projects, Mar 8 2003, CLP 2003 No.3 p.3; and Measures for the Administration of the Pricing of Contracts for Construction Projects, Nov 5 2001, CLP 2001 No.10 p.7

clp reference:4200/07.03.22/BJpromulgated:2007-03-22effective:2007-05-01

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]