National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Supervision, Ministry of Housing and Urban-rural Development, Ministry of Transport, Ministry of Railways, Ministry of Water Resources, Ministry of Commerce and Legislative Affairs Office of the State Council, Opinion on Thoroughly Implementing the Policy Plan for Expanding Domestic Demand to Promote Economic Growth and Further Strengthening the Regulation of Invitation for and Submission of Bids for Construction Projects

国家发展改革委员会、工业和信息化部、监察部、住房城建设部、交通运输部、铁道部、水利部、商务部、国务院法制办公室关于贯彻落实扩大内需促进经济增长决策部署进一步加强工程建设招标投标监管工作的意见

July 29, 2009 | BY

clpstaff &clp articles &

Purchase of Chinese products required for government procurement.

Clp Reference: 4200/09.05.26 Promulgated: 2009-05-26

Issued: May 26 2009

Main contents: Section Two of the Opinion states that screening of the relevant provisions on invitation for and submission of bids shall be conducted to check whether there are any discriminatory clauses that restrict the use of domestically-manufactured equipment.

For government investment projects, the bid invitation documents may not require or specify a specific producer or supplier or contain other particulars which favour or preclude potential bidders. In the case of government procurement, domestic products shall be procured except in statutory circumstances where it is unable to obtain in China or unable to obtain on reasonable commercial terms the required project, goods or services. Where it is truly necessary to procure import products, the review and consent of the relevant departments shall be obtained in accordance with state provisions before the procurement.

Related legislation: PRC Law on Invitation for and Submission of Bids, Aug 30 1999, CLP 1999 No.8 p.34

clp reference:4200/09.05.26promulgated:2009-05-26

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