(Adopted at the 19th meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on November 10, 1993; revised for the first time by the 12es meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on December 20, 2001; revised for the second time by the 32nd meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on June 25, 2004)
Chapter One General Provisions
Article 1 For the purposes of regulating the bidding activities for construction projects, protecting the interests of the State and social public, and the legal rights and interests of bidding parties, ensuring the quality of construction, and improving the efficiency of investments, these Regulations are formulated in accordance with the Bidding Law of the People’s Republic of China and other relevant law and regulations, taking into account of the actual circumstances of Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to the bidding activities for the construction projects which are newly built, altered, expanded or rebuilt and are required to be subject to bidding procedures according to these Regulations.
The term “construction projects” mentioned in these Regulations refer to the projects of civil engineering, building, municipal basic engineering, laying lines and pipes, installing equipments and decoration.
Article 3 Bidding activities for construction projects shall follow the principles of openness, justice, fairness, selecting the best and good faith.
Article 4 No organization or individual may elude bidding procedures by breaking up a project into parts or by any other methods, which ought to be subject to bidding procedures.
No organization or individual may request a contract issuing party to contract a project to a named organization or individual by offering land expropriation, removal and relocation, designing, funding assistance or recommendation of construction land as exchange, or on the excuse that expertise of water supply, power supply, gas supply, communication or fire control is required.
Article 5 The administrative department of construction of the People's Government of Shenzhen Municipality（hereinafter referred to as the “municipal government”）shall supervise, manage and direct the bidding activities for construction within the entire city.
The administrative department of construction of district government shall supervise and manage the bidding activities for construction within its administration authority.
Relevant administrative departments of traffic and waterworks of the municipal government shall supervise and manage the special bidding activities for construction according to their respective functions and responsibilities.
Article 6 For the activities in violation of these Regulations, every organization and individual are entitled to complain to the administrative department of construction or to the administrative department of supervision, which shall reply in writing within 15 days upon receiving the complaint.
Chapter Two Scope and Methods of Bidding
Article 7 A construction project shall be subject to the bidding procedures under any one of the following circumstances:
1. the cost of one contract of the project is no less than RMB 2 million ; or
2. the cost of one contract of the project is more than RMB 1 million but less than 2 million , while the total cost of the project is no less than RMB 20 million .
Article 8 The investors of the following projects may decide by themselves whether the projects shall be contracted out by bidding or not:
1. the project which is invested by mere foreign or private investors;
2. the project whose controlling interests are held by foreign or private investors;
3. the project whose more than 50% investments come from foreign or private investors and whose state-owned capital investors are not in dominant positions.
The project which is financed by social public capital through issuing lotteries or seeking donations shall be subject to the bidding procedures like the projects financed by state-owned capital.
The term “controlling interests” mentioned in these Regulations refers to the interests accounting more than 50% of the total investments.
Article 9 A construction project may be exempted from bidding procedures with the approval of administrative department of construction or other relevant administrative departments of or above the district level if it is under any one of the following circumstances:
1. the construction of project restarts after a stop or postponement, whose contractor is not changed;
2. the project is a house constructed by a construction enterprise with its own capital, whose grade of qualification meets the engineering requirements;
3. the project is a house constructed by a real estate development enterprise directly holding the controlling interests of a construction enterprise whose grade of qualification meets the engineering requirements;
4. the project is a small or story adding project affiliated to a project under construction, and can not be separated from the main project, besides that the contractor is not changed;
5. other circumstances stipulated by law or regulations.
Article 10 If a construction project involves national security, national secrets or emergency rescue and relief as confirmed by the municipal government by law, or is an emergent construction project approved by the mayor working meeting of the municipal government, it is not appropriate to carry out public bidding procedures. Under the circumstances mentioned above, selected bidding procedures may be taken instead, or the whole bidding procedures may be exempted.
Article 11 The methods of bidding invitation can be classified into public bidding invitation and selected bidding invitation.
Public bidding invitation refers to the procedures through which a tenderee invites unspecific construction enterprises to bid and choose a successful tenderer according to the procedures prescribed in these Regulations. Selected bidding invitation refers to the procedures through which a tenderee invites specific construction enterprises to bid by sending bidding invitation letters, and choose a successful tenderer according to the procedures prescribed in these Regulations.
The projects which shall be subject to bidding procedures according to these Regulations, namely the projects which are entirely funded by state-owned capital, whose controlling interests are held by State-owned capital, whose State-owned capital investors are in dominant positions, or the cost of whose one contract is more than RMB 2 million , shall choose public bidding invitation procedures, while the others may choose selected bidding invitation procedures.
Article 12 If a project which shall be subject to bidding procedures according to these Regulations does not bid out an overall contract, the tenderee shall separately organize bidding procedures for its specialized project which is not listed in the scope of bidding invitation according to these Regulations.
It is encouraged to contract out the parts of a project through bidding procedures. The bidding procedures for subcontracts of a project shall be taken charge by its overall contractor.
Chapter Three Bidding Invitation
Article 13 The bidding invitation for a construction project may not be held until meeting the following conditions:
1. the initiation of the project has been approved according to relevant regulations;
2. the Planning License For Construction Project has been obtained according to relevant regulations;
3. the designing files and other technical materials meet the requirements for bidding;
4. the construction fund is secured. If the construction period is less than a year, the paid-in fund shall be no less than 50% of the construction cost. If the construction period is more than a year, the paid-in fund shall be no less than 30% of the construction cost. The construction enterprise shall obtain the certificate of paid-in fund issued by a bank or by the administrative department of finance.
Article 14 The bidding activities for the project which shall be subject to bidding procedures according to these Regulations shall be carried out through the Transaction Service Center for Construction Project (hereinafter referred to as the “transaction center”).
The transaction center is a non-profit making legal person which is approved to be established by the municipal government to provide places, information and consultation for the contracting activities of projects. The transaction center shall be supervised and directed by the administrative department of construction.
The transaction center may not organize any bidding as an agent, participate in any bidding evaluation or determination, or commit any activity irrelevant with providing places, information or consultation. The fee charging standards and methods for transaction service shall be made and publicized by the municipal government. No fees may be charged to a project which is not contracted out through the transaction center.
The working staff of transaction center shall abide by the relevant transaction rules, and keep secret for the information they obtained during the transactions.
Article 15 The administrative department of construction and other relevant administrative departments and organs shall handle the formalities for construction units at the transaction center, such as filing of construction bidding invitation, recordation of contracts, supervision on project qualification, supervision on construction safety and granting construction licenses.
Except for the projects that shall be subject to bidding procedures according to these Regulations, relevant administrative departments and organs may not refuse to handle relevant formalities for a project whose bidding invitation is not carried out through the transaction center.
Article 16 For a project that shall be subject to bidding procedures according to these Regulations, the tenderee may either handle the construction bidding formalities by himself, or by a qualified agent entrusted. If a tenderee handles the formalities of construction bidding invitation by himself, he shall meet the requirements stipulated by the State.
The bidding invitation agency shall operate agent businesses according to its qualifications. It is forbidden for a bidding invitation agency to provide the agent service of bidding invitation and the consultation service of bidding submission for the same project. It is forbidden for a bidding invitation agency to transfer its agent businesses to others.
Article 17 A tenderee shall submit the following documents for record to the administrative department of construction or other relevant administrative departments 7 days prior to the issuance of bidding announcement or bidding invitation letters:
1. the certificates prescribed in the provisions of Article 13 of these Regulations;
2. the bidding announcement or bidding invitation letters;
3. the relevant certificates to prove its qualification if the tenderee handles bidding formalities by himself;
4. other materials required by law and regulations.
If the administrative department of construction or other relevant administrative department finds out any recorded document is in violation of law or regulations, it shall order the tenderee to make correction within 5 days after receiving the document for record.
Article 18 Under public bidding invitation procedures, the tenderee shall issue a bidding announcement on the information website of transaction center for at least 3 consecutive working days. The tenderee may also issue the bidding announcement on other media, but the content of the announcement shall be the same as that issued through the transaction center.
Under selected bidding invitation procedures, the tenderee shall send out bidding invitation letters to at least 3 qualified construction enterprises, and publicize the bidding information on the information website of transaction center.
Article 19 Every bidding announcement or bidding invitation letter shall include the following contents:
1. the name and address of the bidding inviter;
2. the nature, scale and location of the project for bidding;
3. the sources of project’s investments;
4. the contracting method of project;
5. the requirements on the qualifications for bidders;
6. the working schedule of bidding invitation; and
7. the method of obtaining the bidding invitation documents.
The bidding invitation letter shall also specify the name of invited bidders.
Article 20 A bidding inviter may pre-examine the qualification of bidding applicants by law according to the needs of the project. The method of qualification pre-examination shall be separately made by the municipal administrative department of construction jointly with other relevant administrative departments.
If qualification pre-examination is not carried out, all qualified bidding applicants can participate in bidding. If qualification pre-examination is carried out, the bidding inviter shall specify the conditions for qualification pre-examination and the method of obtaining the qualification pre-examination documents in the bidding announcement or bidding invitation letter.
Article 21 The qualification pre-examination documents generally shall include:
1. the format of qualification pre-examination application;
2. the applicant notice, which shall clearly specify the procedures, evaluation criteria and methods of qualification pre-examination;
3. the enterprise qualification certificates which are required to be provided by bidding applicants;
4. the certificates of achievements made in the projects in process, history projects or similar projects;
5. the list of technical equipments to be put in the project;
6. the certificate of financial status; and
7. the certificates of resumes and history achievements of the project manager and the main technicians to be hired.
Article 22 It is prohibited to limit or exclude potential bidders to bid by setting unreasonable conditions.
If the number of qualified potential bidders is less than 6 due to the qualification pre-examination conditions specified by the bidding inviter, such conditions shall be regarded as unreasonable ones, unless the number of potential bidders meeting the qualification conditions is less than 6.
Article 23 Every qualified bidding applicant who passes the qualification pre-examination can participate in bidding. If there are too many qualified bidding applicants passing the qualification pre-examination, the bidding inviter may select 7 to 11 applicants to bid at random or by other open and fair methods.
Article 24 After the qualification pre-examination finishes, the bidding inviter shall make a pre-examination decision, notify all the bidding applicants in writing, and inform the qualified bidding applicants of the date, location and methods of obtaining the bidding documents.
The bidding inviter shall publicize the result of qualification pre-examination at the transaction center for 3 working days.
Article 25 The bidding inviter shall make bidding invitation documents according to the characteristics and demands of the project under bidding by referring to the model texts of bidding invitation documents. The bidding invitation documents shall mainly include the following contents:
1. the bidding notices, including the project’s general information, the scope of bidding invitation, the conditions of qualification review, the fund resources of project construction or the amount of money available, partition of the project for bidding, the construction timing requirements, the quality standards, the site survey and the arrangement of replying queries, the requirements of formulation, submission, amendment, withdrawal of bidding documents, the requirements of offering bidding price, the validity period for bidding, the time and location for opening bid, the bid examination methods and standards, the security requirements for bidding and contract performance, and the conditions for awarding contract;
2. the technical requirements and designing documents of the bidding project;
3. the list of project workload (except for the special projects whose workload list is unavailable);
4. the format and appendices of bidding letter and quotation;
5. the format and main clauses of the proposed contract for execution; and
6. other documents needed for bidding.
Article 26 For the sake of bidding evaluation, the provisions of the bidding invitation documents on the evaluation methods and standards shall be made elaborately and specifically.
Article 27 When a bidding inviter issues bidding invitation documents, he shall submit for record the bidding invitation documents, report of qualification pre-examination (if there is a qualification pre-examination), list of qualified bidding applicants to the administrative department of construction or other relevant administrative departments at the same time. If the administrative department of construction or another relevant administrative department finds out any document in violation of law or regulations, it shall order the bidding inviter to make correction.
Article 28 Once the bidding invitation documents are sent out, the bidding inviter may not change any content or add any additional condition without permission. If it is necessary to make a change, the bidding inviter shall notify all bidders in writing 7 days prior to the bidding deadline, and at the same time submit the alteration for record to the administrative department of construction or other relevant administrative departments.
Article 29 If necessary, 7 days prior to the bidding deadline, the bidding inviter may organize bidders to survey the project on site, answer questions about the bidding documents, make summaries as supplement of the bidding invitation documents, and send it to all bidders. At the same time the bidding inviter shall submit the supplement for record to the administrative department of construction or other relevant administrative departments.
Article 30 The bidding invitation documents shall be sent out at least 20 days before the deadline of submitting bidding documents. If the cost of one contract of the project is less than RMB 10 millions , the period shall be no shorter than 10 days.
Article 31 The bidding inviter may charge for the production cost of the bidding invitation documents sent out.
Chapter Four Bidding Submission
Article 32 A bidder shall be capable of undertaking the construction project under bidding, and shall have the corresponding qualifications as a construction enterprise.
Article 33 A bidder shall make bidding documents according to the requirements stated in the bidding invitation documents, respond to the substantial requirements and conditions prescribed in them, and take responsibility for the authenticity of his bidding documents.
If the bidders are allowed to provide alternative biddings as stated in the bidding invitation documents, they may offer alternative proposals according to the bidding invitation documents, and make corresponding offers as alternative biddings.
Article 34 A bidder shall independently determinate his bidding price in the form of integrated unit-price according to the requirements stated in bidding invitation documents.
Article 35 If a bidder wants to separate the project in parts according to law after he wins the bidding, he shall specify the parts to be separated from the project in his bidding documents.
Article 36 Before the deadline of submitting bidding documents, bidders may complement, amend or withdraw their submitted bidding documents and notify the bidding inviter in writing. The contents complemented or amended shall be regarded as the component of bidding documents.
Article 37 A bidder shall submit bidding security to the bidding inviter which is provided by a bank, insurance company or professional security company at the same time of submitting his bidding documents.
The bidding security may be set by means of providing bidding guarantee or bidding deposit. The amount secured generally may not be more than 2% of the total bidding price with the maximum limit of RMB 800,000 .
Article 38 Bidders shall seal their bidding documents and deliver them to the bidding location prior to the deadline of submission. When a bidding inviter receives the bidding documents, he shall issue a receipt to the bidder which shall indicate the name of recipient and the receiving time, and shall appropriately preserve the bidding documents.
No organization or individual may open any bidding document prior to the bidding opening date. The bidding documents submitted after the deadline of submission shall be invalid, and shall not be accepted by the bidding inviter.
If the number of bidders submitting bidding documents is less than 3, the bidding inviter shall organize new bidding procedures according to law.
Article 39 Bidders may not collude with each other to bid, supplant other bidders from participating in fair bidding, or impair the legal rights or interests of the bidding inviter or other bidders.
Bidders shall not collude with the bidding inviter to bid, or impair any national interest, public interest or other person’s legal interest.
Bidders are prohibited from bribing the bidding inviter or any member of the bidding evaluation committee for the purpose of wining the bidding.
Article 40 No bidder may offer bidding price lower than the cost, bid in another’s name or practice fraud to win the bidding.
Chapter Five Opening, Evaluation and Winning of Bidding
Article 41 The bidding inviter shall preside the bidding opening and invite all bidders to participate.
Bidding opening shall be publicly carried out at the same time of the deadline for submitting bidding documents. Bidding opening shall be held at the place stated in the bidding invitation documents.
Article 42 Bidding opening shall be held according to the following procedures: firstly, the bidders or their representatives selected examine the seals of bidding documents; then, after the examination, the bidding inviter opens the sealed documents in public, and reads out the bidders’ names, bidding prices and other contents in the bidding documents.
The bidding inviter shall open the seals of all bidding documents he received prior to the deadline for submission and read out the contents in public at the bidding opening procedures.
The bidding inviter shall record the procedures of bidding opening, and keep the record for future reference.
Article 43 The bidding document shall be invalid under any one of the following circumstances:
1. the bidding document is not sealed according to the requirements stated in the bidding invitation documents;
2. the bidding guarantee letter is not signed by the bidder’s legal representative or his agent and is not stamped with his stamp;
3. the entrusted agent does not have legal and valid authorization letter;
4. the bidder does not provide bidding security according to the requirements stated in the bidding invitation documents:
5. the joint biding agreement of all parties is not attached if there is a union formed to bid; or
6. other circumstances stipulated by the bidding invitation documents under which the bidding document is invalid.
Article 44 Bidding evaluation shall be taken by a bidding evaluation committee formed under the organization of bidding inviter according to law. The bidding evaluation committee shall consist of professionals in engineering, economic, and other fields, whose number shall be singular and more than five. More than two-thirds of the members of the bidding evaluation committee shall be selected at random from the expert tank of the municipal administrative department of construction or other relevant administration departments. If the experts of the expert tank can not satisfy the requirements of bidding evaluation, after obtaining approval from the administrative department of construction or other relevant administration departments, the bidding inviter may invite other experts.
Anyone who has interests with any bidder may not serve as a member of the bidding evaluation committee. The members’ name list of bidding evaluation committee shall be kept in secret before the determination of bidding winner.
Article 45 The administrative department of construction or other relevant administration departments shall organize legal and business trainings to the experts who are listed in the expert tank, and periodically evaluate their ability, probity and justness. For the incompetent expert or the expert who violates law or regulations, his qualification shall be cancelled. Once an expert has been cancelled qualification, he may no longer participate in any bidding evaluation.
The administrative department of construction or other relevant administration departments shall make managerial measures on bidding evaluation experts according to these Regulations.
Article 46 The members of bidding evaluation committee shall perform their duties objectively, justly, and shall be responsible for their bidding evaluation opinions.
Activities of bidding evaluation shall be committed under close management. Before announcing the result of bidding evaluation, members of the bidding evaluation committee and working staff of the bidding inviter are prohibited from privately contacting any bidder by any method.
Article 47 If the bidding evaluation committee has questions about the bidding documents, it may require the bidders to answer or clarify in writing. However, the answer or clarification shall not substantially amend the original bidding documents. The bidding evaluation committee shall not evaluate the bidding documents which do not satisfy the substantial requirements stated in the bidding invitation documents.
Article 48 A bidding shall be treated as an abandoned bidding under any one of the following circumstances:
1. the bidder bids in another’s name, colludes with another to bid, offers bribery for winning the bidding, or makes false bidding by other methods;
2. the bidding price might be lower than the bidder’s cost, about which the bidder can not make reasonable explanation or provide relevant proof;
3. the bidder fails to meet the qualification requirements stipulated by national regulations or bidding invitation documents, or refuses to clarify, explain or complement the bidding documents as requested;
4. the bidder’s bidding does not substantially respond to the substantial requirements and conditions stated in the bidding invitation documents;
5. the bidding price is lower than the base price if there is any;
6. other circumstances stipulated by law and regulations.
After the bidding evaluation committee rejects disqualified biddings or determines some bidding as abandoned bidding according to the provisions of the preceding paragraph, it can reject all biddings if the number of valid biddings is less than 3 which makes the bidding procedures obviously lack competition. If the number of bidders is less than 3 or all the biddings are rejected, the bidding inviter shall organize new bidding procedures according to these Regulations.
Article 49 The method of evaluating lowest bidding price shall be used with priority to evaluate biddings, by which the winning bidding ought to satisfy the substantial requirements of the bidding invitation document with the lowest bidding price, except that lower than the cost. If other methods are used to evaluate biddings, the bidding of the winner shall satisfy every comprehensive evaluation standard to the maximum extent. If the bidding is evaluated by grading marks, no appraisal award may be scored additionally.
The municipal administrative department of construction and other relevant administrative departments may make specific bidding evaluation rules according to these Regulations.
Article 50 The base price shall be the highest price limit for the bidding inviter to control the project cost, and shall be disclosed simultaneously to all bidders 3 days prior to the deadline of bidding.
One bidding project can only have one base price.
Article 51 For a project which shall be subject to bidding procedures according to these Regulations, its base price shall be determined according to the rules of calculating project workload and the requirements stated in the bidding invitation document. The base price shall be submitted to the cost checking institution to check. If the bidding inviter does not agree with the check result of base price, he may apply for review. The check and review of base price shall be finished 3 days prior to the deadline of bidding.
Article 52 The bidding evaluation committee shall evaluate biddings strictly according to the bidding evaluation procedures, standards and methods.
After the bidding evaluation finishes, the bidding evaluation committee shall bring forward a written report about bidding evaluation to the bidding inviter, and recommend not more than two bidding winner candidates in sequence.
Article 53 The report of bidding evaluation shall include the following contents, and shall be signed by all members of the bidding evaluation committee:
1. the circumstances of bidding evaluation, which shall include the process of establishing the bidding evaluation committee, the name list of consisting members, and the comprehensive evaluation opinions on the bidding documents made by the bidding evaluation committee;
2. the result of bidding evaluation, which shall include the sequencing of the bidders, the recommendation of bidding winner candidates or the bidding winner determined with the authorization of bidding inviter;
3. the attachments, such as the original bidding evaluation materials of each member of the bidding evaluation committee in the process of bidding evaluation.
Article 54 The bidding inviter shall determine the bidding winner based on the written report of bidding evaluation and the recommendation of winner candidates made by the bidding evaluation committee.
For the project which is totally funded by State-owned capital, whose controlling interests are held by State-owned capital, or whose State-owned capital investors are in dominant position, the bidding inviter shall determine the winner according to the sequencing of candidates. If the determined bidding winner abstains or can not implement the contract due to force majeure, the bidding inviter may determine another candidate to be the winner according to the sequencing. The bidding inviter may authorize the bidding evaluation committee to directly determine a bidding winner.
Article 55 The bidding inviter shall determine the bidding winner 30 days prior to the expiration date of the bidding validity period.
Before determining the bidding winner, the bidding inviter may not negotiate with any bidder about any substantial content such as the bidding price and bidding plan.
Article 56 The bidding inviter shall submit a written report about the bidding procedures to the administrative department of construction or other relevant administrative departments within 7 days upon determining the bidding winner, and shall concurrently submit the result to the transaction center for publication for 3 working days.
If the administrative department of construction or other relevant administrative departments do not raise any objection in writing within 5 working days upon receiving the written report, the bidding inviter can send a winning notice to the bidding winner, and notify all other bidders of the result.
Article 57 Within 30 days after the winning notice is sent out, the bidding inviter and bidding winner shall sign a written contract according to the bidding invitation documents and the winner’s bidding documents. The contract price shall be the bidding price offered by the winner. The bidding inviter and winner may not sign any agreement against the substantial contents of the contract.
Within 7 days after the written contract is signed, the bidding inviter shall submit the contract for record to the administrative department of construction or other relevant administrative departments.
If the bidding winner sub-contract the project, he shall submit the subcontract for record to the administrative department of construction or other relevant administrative departments within 7 days after the subcontract is signed.
Article 58 The bidding winner shall submit a contract performance security provided by a bank, an insurance company or a professional security company to the bidding inviter when signing the engineering contract, whose secured amount may not be less than 10% of the contract money. If the bidding winner is determined by using the method of evaluating the lowest bidding price, the secured amount may not be less than 15% of the contract money.
The bidding inviter shall concurrently provide the bidding winner a payment security which is provided by a bank, an insurance company or a professional security company and whose secured amount is equal to the engineering money.
No construction license may be granted without the contract performing security and the engineering payment security.
Specific measures for implementing engineering security shall be separately formulated by the municipal administrative department of construction.
Article 59 Under any one of the following circumstances, the bidding inviter shall return the bidding securities to the bidder within 7 days:
1. the bidding winner signs the engineering contract after the winning notice is sent out;
2. the bidding process is suspended by the bidding inviter for proper reasons;
3. the bidding invitation fails and therefore it is necessary to arrange new bidding procedures; or
4. the bidding validity period expires yet the bidders do not agree to extend the period.
Article 60 If a bidder commits any one of the following activities, the bidding inviter has the rights of canceling his bidding or the qualification as a winner, confiscating his bidding security and asking for compensation to the excessive part if the loss caused to the bidding inviter exceeds the secured amount:
1. withdrawing his bidding documents within the validity period of the bidding;
2. refusing to sign the contract with the bidding inviter after winning the bidding; or
3. failing to provide the contract performance security after winning the bidding.
Article 61 If a bidding inviter commits any one of the following activities, he shall return the bidders double amount of the bidding security, and undertake compensation liabilities if causing any damage:
1. suspending the bidding progress without any proper reason after sending out the bidding invitation documents; or
2. refusing to sign the engineering contract after the bidding winner is determined.
Article 62 The bidding winner shall perform obligations according to the contract, may not transfer the project to others, or transfer it in parts.
Chapter Six Legal Liabilities
Article 63 If a bidding inviter commits any one of the following activities in violation of these Regulations, he shall be ordered to make correction, and be punished according to the following provisions:
1. the bidding inviter shall be imposed a fine of 1% to 2% of the engineering contract money if he does not contract out a project by bidding which shall be subject to bidding procedures, evade bidding procedures by separating the project into parts or by other means, or does not carry out open bidding invitation as required;
2. the bidding inviter shall be imposed a fine of 5‰ to 10‰ of the engineering contract money if he does not carry out bidding invitation through the transaction center according to these Regulations;
3. the bidding inviter shall be imposed a fine of RMB10,000 to RMB30,000 if he does not handle the relevant formalities of record, report, approval or confirmation;
4. the bidding inviter shall be imposed a fine of RMB150,000 to RMB250,000 if he discloses the information of bidding which shall be kept secret;
5. the bidding inviter shall be imposed a fine of 1% to 2% of the engineering contract money if he selects the bidding winner outside the scope of bidding winner candidates, or selects the bidding winner by himself after all biddings are rejected by the bidding evaluation committee;
6. the bidding inviter shall be imposed a fine of 1% to 2% of the engineering contract money if he does not sign a contract with the bidding winner according to the bidding invitation documents and bidding documents, or signs an agreement against the substantial contents of the contract, or refuses to sign a contract with the bidding winner;
7. the bidding inviter shall be imposed a fine of RMB10,000 to RMB30,000 if he limits or excludes potential bidders with unreasonable conditions;
8. the bidding inviter shall be imposed a fine of 1% to 2% of the engineering contract money if he colludes with the bidders in the bidding process;
9. the bidding inviter shall be imposed a fine of RMB50,000 to RMB100,000 if he does not carry out the bidding invitation according to the time limit stipulated by these Regulations;
10. the bidding inviter shall be imposed a fine of RMB50,000 to RMB100,000 if he does not open the biddings according to these Regulations;
11. the bidding inviter shall be imposed a fine of RMB50,000 to RMB100,000 if he does not establish the bidding evaluation committee according to these Regulations.
Article 64 If an agency of bidding invitation commits any one of the following activities in violation of these Regulations, it shall be ordered to make correction, be confiscated of its illegal gains and be punished according to the following provisions:
1. the agency shall be imposed a fine of RMB50,000 to RMB100,000 if it engages in the agent businesses of bidding invitation without the agent qualification;
2. the agency shall be imposed a fine of RMB30,000 to RMB50,000 if it engages in the agent businesses of bidding invitation beyond its qualifications;
3. the agency shall be imposed a fine of RMB30,000 to RMB50,000 if it transfers its agent businesses of bidding invitation to others, or provides agent service of bidding invitation and consultation service of tender submission for the same project; moreover, if the circumstance is serious, its agent business of bidding invitation shall be suspended for 6 months.
If an agency of engineering bidding invitation commits an illegal activity prescribed in the provisions of Article 63 of these Regulations during its agent businesses, it shall be punished according to the punishments imposed to bidding inviters stipulated in the provisions of Article 63 of these Regulations; moreover, if the circumstance is serious, its agent business of engineering bidding invitation shall be suspended for a year, besides that its agent qualification for engineering bidding invitation may be revoked by the authority examining the qualification.
Article 65 If a bidder commits any one of the following activities in violation of these Regulations, he shall be ordered to make correction, and be imposed punishment according to the following provisions:
1. the bidder shall be imposed a fine of 1% to 2% of the engineering contract money, and shall be suspended his bidding qualification for 3 to 6 months if he colludes with other bidders or the bidding inviter, or offers bribery to the bidding inviter or a member of the bidding evaluation committee for winning the bidding; besides, the bidder who does not win the bidding shall be imposed a fine of RMB 100,000 to 200,000;
2. the bidder shall be imposed a fine of 5‰ to 10‰ of the engineering contract money, and be suspended his bidding qualification for 3 to 6 months, if he bids in another’s name, allows others to bid in his name or bids by practicing fraud; besides, the bidder who does not win the bidding shall be imposed a fine of RMB 100,000 to 200,000;
3. the bidder shall be imposed a fine of 1% to 2% of the engineering contract money if he transfers the project to others as a whole or in parts, which shall be considered as an invalid activity.
Article 66 If someone requires a bidding inviter to contract a construction project to a named organization or individual by offering the exchange of land expropriation, removal and relocation, designing, funding assistance or recommendation of construction land, or on the excuse that expertise of water supply, power supply, gas supply, communication or fire control is required, the contract agreement shall be invalid; moreover, a fine of 1% to 2% of the engineering contract money shall be respectively imposed to the contractor, and the departments of water supply, power supply, gas supply, communication, and fire control.
Article 67 If any member of the bidding evaluation committee accepts bribery, contacts with a bidder privately or discloses the bidding information which shall be kept secret, he shall be confiscated his accepted properties, be imposed a fine of RMB100,000 to RMB300,000, be revoked his evaluation qualification and be forbidden to participate in the bidding evaluation of any project.
Article 68 If any staff member of the administrative department of construction, another relevant administrative department, the cost examination organization or the transaction center plays irregularities for favoritism, abuses his authority, neglects his duty or discloses a secret, he shall be imposed administrative punishment, and be investigated for criminal responsibility if his act constitutes a crime.
Article 69 If a unit is fined according to these Regulations, its legal representative and directly responsible person shall also be imposed a fine of 10% of the forfeit, be imposed administrative punishment by the administrative supervision department if they are State functionaries, and be prosecuted for criminal responsibilities if a crime is constituted due to serious circumstances.
Article 70 For the project which shall be subject to bidding procedures according to these Regulations, the bidding inviter shall determine a new bidding winner or organize new bidding procedures according to these Regulations if the bidding winning shall be invalid because of in violation of the provisions of relevant law, regulations, rules or these Regulations.
Article 71 The administrative punishments prescribed in this Chapter shall be imposed by the administrative department of construction or other relevant administrative departments according to their respective authorities and responsibilities.
Chapter Seven Supplementary Provisions
Article 72 For the project which is not subject to bidding procedures according to these Regulations, the construction unit may invite biddings by referring to these Regulations, and shall go through the recording formalities at the administrative department of construction or other relevant administrative 5 days prior to the bidding invitation or direct contracting.
Article 73 These Regulations shall come into force as of March 1, 2002.
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