Ministry of Housing and Urban-rural Development, Measures for the Administration of the Invitation for and Submission of Bids for Construction Project Design

The invitation for bids for construction project design may take the form of an invitation for bids for a design plan or for a design team, and the bid-inviting party may make its choice based on the features of the project and its actual requirements (Article 6).

The bid evaluation committee shall consist of an odd number of five or more persons, with technical and economic experts accounting for not less than two-thirds of the total number of members. When evaluating the bids for a construction project design plan, architectural experts may not account for less than two-thirds of the total number of technical and economic experts (Article 16).

The bid invitation documents shall specify the design fee or the method for calculating such fee (Article 10).

In general, the bid-inviting party shall invite bids for all of the construction project design plan, initial design and construction drawing design together. If there is a genuine need to select a separate designer for the initial design and/or the construction drawing design, the same shall be expressly stated in the bid invitation announcement or bid invitation letter (Article 8).

The implementation of a general design contract is encouraged for construction projects. Where such a general design contract is implemented, the designer may, pursuant to the contract or with the consent of the bid-inviting party, subcontract out non-core portions of the design of the construction project without an invitation for bids (Article 9).

If the bid-inviting party and/or the successful bidder use a plan from a non-winning bid, they/it shall secure the consent of the bidder that submitted such plan and pay it a use fee (Article 26).

Related legislation: PRC Construction Law, PRC Law on the Invitation for and Submission of Bids, Regulations for the Administration of Construction Survey and Design and Implementing Regulations for the PRC Law on the Invitation for and Submission of Bids

Repealed legislation: Measures for the Administration of the Invitation for and Submission of Bids for Construction Project Design, Oct 18 2000

Promulgated: January 24 2017
Effective: May 1 2017

Applicability: These Measures apply to the bid invitation and submission activities of the design of all types of building construction projects for which bid invitation and submission must be carried out in accordance with the law (Article 2).

Invitation for and submission of bids for construction project design for urban infrastructure, utilities and landscape shall, mutatis mutandis, be carried out in accordance with these Measures (Article 37).

Main contents: The new version of the Measures abolishes the provisions on the record filing and review of bid invitation documentation, and abolishes the provisions on the approval of bid submissions for participation in domestic construction project design by foreign design entities.

The invitation for bids for construction project design may take the form of an invitation for bids for a design plan or for a design team, and the bid-inviting party may make its choice based on the features of the project and its actual requirements (Article 6).

The bid evaluation committee shall consist of an odd number of five or more persons, with technical and economic experts accounting for not less than two-thirds of the total number of members. When evaluating the bids for a construction project design plan, architectural experts may not account for less than two-thirds of the total number of technical and economic experts (Article 16).

The bid invitation documents shall specify the design fee or the method for calculating such fee (Article 10).

In general, the bid-inviting party shall invite bids for all of the construction project design plan, initial design and construction drawing design together. If there is a genuine need to select a separate designer for the initial design and/or the construction drawing design, the same shall be expressly stated in the bid invitation announcement or bid invitation letter (Article 8).

The implementation of a general design contract is encouraged for construction projects. Where such a general design contract is implemented, the designer may, pursuant to the contract or with the consent of the bid-inviting party, subcontract out non-core portions of the design of the construction project without an invitation for bids (Article 9).

If the bid-inviting party and/or the successful bidder use a plan from a non-winning bid, they/it shall secure the consent of the bidder that submitted such plan and pay it a use fee (Article 26).

Related legislation: PRC Construction Law, PRC Law on the Invitation for and Submission of Bids, Regulations for the Administration of Construction Survey and Design and Implementing Regulations for the PRC Law on the Invitation for and Submission of Bids

Repealed legislation: Measures for the Administration of the Invitation for and Submission of Bids for Construction Project Design, Oct 18 2000