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Law of the People's Republic of China on Tenders and Bids
(Adopted by the 11th Session of the Standing Committee of the
Ninth National People's Congress on August 30, 1999; promulgated by the
Order No.21 of the President of the People's Republic of China on August
30, 1999, and enter into force on January 1, 2000.) Siehe auch Lehman,
Lee & Xu
Contents
Chapter I General Provisions
Chapter II Tenders
Chapter III Bids
Chapter IV Bid Opening, Assessment and Winning
Chapter V Legal Liabilities
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of regulating tender and bid activities, protecting the
State’s interests, the social and public interests and the legitimate
rights and interests of parties to tender and bid activities, improving
the economic effects and ensuring the quality of projects, this Law is
enacted.
Article 2
This Law applies to tender and bid activities in the territory of the
People's Republic of China.
Article 3
The following construction projects in the territory of the People's
Republic of China, including surveying and prospecting, design,
engineering and supervision of such projects as well as the procurement of
major equipment and materials related to the construction of such projects,
must be subject to tenders:
1. projects such
as large-scale infrastructure facilities and public utilities involving
the social and public interests and public safety;
2. projects
which are, completely or partly, invested by the State-owned funds or
funded through State financing; and
3. projects
using loans or aid funds from international organizations or foreign
governments.
The specific scope and
standards on the scale of the projects listed in the preceding paragraph
shall be worked out by the department of the State Council for development
planning, jointly with relevant departments of the State Council, and be
reported to the State Council for approval.
If laws or the State
Council have the provisions on the scope of other projects which must be
subject to tenders, such provisions shall govern.
Article 4
No unit or person may break a project subject to tender into parts or
resort to any other manner to dodge tender.
Article 5
Tender and bid activities shall conform to the principles of openness,
fairness, impartiality and good faith.
Article 6
Tender and bid activities for a project subject to tender according to law
shall not be restricted by areas or departments. No unit or person may
illegally restrict or exclude legal persons or other organizations from
other areas or systems to take part in bidding or interfere in tender and
bid activities in any form.
Article 7
Tender and bid activities and the parties thereto shall be subject to
supervision imposed according to law.
Relevant departments
for administrative supervision shall impose supervision on tender and bid
activities according to law and investigate into and deal with any illegal
act therein.
Administrative supervision on tender and bid activities and
the specific duties and powers of relevant departments shall be laid down
by the State Council.
Chapter II Tenders
Article 8
A tenderer is a legal person or any other organization that, in accordance
with the provisions of this Law, puts forth a project subject to tender
and carries out the tender.
Article 9
If a project subject to tender, in accordance with the relevant
regulations of the State, is required to accomplish examination and
approval procedures, it shall do so and obtain approval in advance.
A tenderer shall have
necessary funds or sources of funds for the project subject to tender and
shall state it truthfully in his tender documents.
Article 10
Tenders include public tenders and invitational tenders.
A public tender means
that a tenderer, in the form of tender announcement, invites unspecified
legal persons or other unspecified organizations to submit their bids.
An invitational tender
means that a tenderer, in the form of invitation for submission of
bid, invites specified legal persons or other specified
organizations to submit their bids.
Article 11
If a national key project determined by the department of the State
Council for development planning or a local key project determined by the
people's government of a province, an autonomous region or a municipality
directly under the Central Government is not suitable for carrying out
public tender, it may be subject to invitational tender with approval of
the department of the State Council for development planning or the
people's government of the province, autonomous region or municipality
under the Central Government.
Article 12
A tenderer shall have the right to choose, on his own, a procuratorial
agency and authorize it to carry out the tender. No unit or person may
designate a procuratorial agency for the tenderer in any form.
A tenderer who has the
capability of preparing his tender documents and organizing bid
assessments may carry out the tender by himself. No unit or person may
compel the tenderer to authorize a procuratorial agency to carry out the
tender.
If a tenderer carries
out the tender by himself for a project subject to tender according to law,
the matter shall be reported to the relevant department for administrative
supervision for the record.
Article 13
A procuratorial agency is a social intermediary organization which is
established according to law to engage in the procuratorial tender
business and to provide related services.
A procuratorial agency
shall satisfy the following conditions:
1. Having a
business site and necessary amount of capital for carrying out the
procuratorial tender business;
2. Having a
qualified technical and academic force capable of preparing the tender
documents and organizing bid assessments; and
3. Having a bank
of experts in such fields as technology and economics who satisfy the
conditions laid down in Paragraph 3 of Article 37 of this Law and can
serve as candidates of members of the bid assessment committees.
Article 14
Qualifications of procuratorial agencies engaging in the procuratorial
tender business of construction projects shall be determined by the
competent administrative departments for construction of the State Council
or of the people's governments of provinces, autonomous regions or
municipalities directly under the Central Government. Concrete measures
therefor shall be formulated by the competent administrative department of
the State Council for construction, jointly with relevant departments of
the State Council. The competent departments for determination of
qualifications of procuratorial agencies engaging in other procuratorial
tender businesses shall be laid down by the State Council.
Procuratorial agencies
may not have any subordination relations or other interest relations with
administrative organs and other State organs.
Article 15
A procuratorial agency shall carry out the tender within the scope
authorized by the tenderer and shall comply with the provisions of this
Law on tenderers.
Article 16
A tenderer who adopts the public tender method shall issue a tender
announcement. The tender announcements of projects subject to tender
according to law must be issued in newspapers, periodicals, information
networks or other media designated by the State.
A tender announcement
shall clearly contain such particulars as the name and address of the
tenderer, nature of the project subject to tender, quantity, place and
time of implementation and methods to acquire the tender documents.
Article 17
A tenderer who adopts the invitational tender method shall issue
invitations for submission of bids to three or more specified legal
persons or other specified organizations capable of undertaking the
project subject to tender and having a good reputation and
creditworthiness.
An invitation for
submission of bid shall clearly contain the particulars set forth in
Paragraph 2 of Article 16 of this Law.
Article 18
A tenderer may, in accordance with the need of a project subject to tender,
demand the intended bidders to provide documentary evidences related to
their qualifications and information on their business performance in his
tender announcement or invitations for submission of bids, and shall
examine the qualifications of the intended bidders; and if the State has
the provisions on the qualifications of bidders, such provisions shall
govern.
A tenderer may not
restrict or exclude any intended bidder with unreasonable requirements and
may not apply discrimination treatment to any intended bidder.
Article 19
A tenderer shall prepare the tender documents in accordance with the
features and needs of the project subject to tender. The tender documents
shall contain all substantial requirements and terms as technical
requirements of the project subject to tender, standards on examination
of bidders' qualifications, requirements on bid price quotation and bid
assessment standards as well as main clauses of the contract to be signed.
If the State has the
provisions on technologies and standards of projects subject to tender, a
tenderer shall, in accordance with these provisions, put forward
corresponding requirements in his tender documents.
If a project subject
to tender needs to be divided into bid lots or to determine the
construction period, the tenderer shall reasonably make such division or
decision and shall state it in his tender documents clearly.
Article 20
No tender document may require or specify any specified producer or
supplier or contain any other contents favoring or excluding intended
bidders.
Article 21
A tenderer may, in accordance with the actual conditions of a project
subject to tender, organize intended bidders to inspect and survey the
site of the project.
Article 22
A tenderer may not disclose to another person the names and number of
intended bidders already acquired his tender documents or other
information that might affect fair competition related to tender and bid
activities.
If a tenderer has a
base bid price, it must be kept secret and confidential.
Article 23
A tenderer who desires to make necessary clarifications or modifications
in his tender documents already issued shall notify all receivers of his
tender documents in a written form at least 15 days prior to the deadline
for submission of bid documents set in his tender documents. Such
clarifications or modifications shall be the constituent of his tender
documents.
Article 24
A tenderer shall set a reasonable period of time for bidders necessary for
preparing their bid documents; nevertheless, for a project subject to
tender according to law, the minimum period from the issue date of the
tender documents to the deadline for submission of bid documents by
bidders may not be less than 20 days.
Chapter III Bids
Article 25
A bidder means a legal person or any other organization that responds to a
tender and participates in bid competition.
If a scientific
research project subject to tender according to law allows individual
persons to participate in bidding, the provisions of this Law on bidders
shall apply to individual persons participating in bidding.
Article 26
A bidder shall have the capability to undertake the project subject to
tender; and if the State has the provisions on the qualifications of
bidders or the tender documents specifies the qualifications for bidders,
a bidder shall have the qualifications provided or specified.
Article 27
A bidder shall prepare his bid documents as required by the tender
documents. The bid documents shall respond to the substantial requirements
and terms put forward in the tender documents.
If a project subject
to tender is a construction project, the contents of the bid documents
shall contain the profiles and business performances of the
persons-in-charge of the project and major technical personnel to be
appointed as well as machinery and equipment to be employed for the
project.
Article 28
A bidder shall deliver his bid documents to the place of submission prior
to the deadline for submission set in the tender documents. The tenderer
shall sign and keep the bid documents when receiving and may not open
them. If the number of bidders is less than three, the tenderer shall
issue the tender anew according to this Law.
The tenderer shall
refuse to accept any bid documents delivered after the deadline for
submission set in the tender documents.
Article 29
Prior to the deadline for submission of bid documents set in the tender
documents, a bidder may supplement, modify or withdraw his bid documents
already delivered and shall notify the tenderer in writing. Such
supplements or modifications shall be the constituent of his bid documents.
Article 30
A bidder who, in consideration of the actual conditions of the project
stated in the tender documents, intends to subcontract some parts of the
project excluding the main structure and critical work after winning the
project, shall make clear statements in his bid documents.
Article 31
Two or more legal persons or other organizations may form a consortium and
jointly submit their bids as one bidder.
Each party to the
consortium shall have corresponding capability to undertake the project
subject to tender; if the State or the tender documents have provisions on
the qualifications of bidders, all parties to the consortium shall have
the corresponding qualifications provided. If units of the same profession
form a consortium, the grade of qualifications shall be determined
according to the unit with lowest qualification level.
Parties to a
consortium shall enter into an agreement on joint submission of bid to
define the work and responsibility to be assumed by each of them, and
shall deliver the said agreement to the tenderer together with the bid
documents. If a consortium wins the bid, the parties thereto shall jointly
enter into a contract with the tenderer and assume joint and several
liability over the winning project to the tenderer.
A tenderer may not
compel bidders to form a consortium to make joint bidding and may not
restrict competition among bidders.
Article 32
A bidder may not collude with other bidders in submitting their bid price
quotations or discriminate fair competition by other bidders to prejudice
the legitimate rights and interests of the tenderer or other bidders.
A bidder may not
collude with the tenderer in submitting his bid to prejudice the State's
interests, the social and public interests or the legitimate rights and
interests of any other person.
It is forbidden for
bidders to offer bribes to the tenderers or members of the bid assessment
committees for winning.
Article 33
A bidder may not submit his bid price quotation below cost for competition,
and may not submit his bid in the name of another person or resort to any
other false and deceptive method for winning.
Chapter IV Bid Opening, Assessment and Winning
Article 34
Bid opening shall be started openly at the same time of the deadline for
submission of bid documents set in the tender documents; and the place of
opening bids shall be the place predetermined in the tender documents.
Article 35
Bid opening shall be presided over by the tenderer, and all bidders shall
be invited to join.
Article 36
When opening bids, the bidders or the representatives selected by them
shall check the sealing of bid documents, and the sealing may also be
checked and notarized by the notary organization commissioned by the
tenderer; after being checked and verified, the working personnel shall
open them in public, announce the names of bidders, bid price quotations
and other main contents of bid documents.
All bid documents
received by the tenderer prior to the deadline for submission set in
the tender documents shall be opened and announced in public when opening
bids.
Records on the bid
opening shall be made and shall be placed on files for future reference.
Article 37
Bid assessment shall be the responsibility of the bid assessment committee
established according to law by the tenderer.
If a project must be
subject to tender according to law, the bid assessment committee shall be
composed of the representative of the tenderer and experts in the related
technological and economic fields, and the number of committee members
shall be an odd number at or above five, of the members, experts in
technological and economic fields may not be less than two-thirds of the
total members.
Experts mentioned in
the preceding paragraph shall have worked in the related fields for eight
years or longer, have senior academic titles or the same professional
level, and they shall be chosen from the name lists of experts provided by
relevant departments of the State Council or relevant departments of the
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government, or from the name list of experts in
related fields in the expert bank of the procuratorial agency; for an
ordinary project subject to tender, the experts may be chosen randomly,
and for a special project subject to tender, the experts may be directly
chosen by the tenderer.
A person having an
interest with a bidder may not join the bid assessment committee of the
related project and; if already joined, shall be replaced.
The name list of
members of the bid assessment committee shall be kept secret and
confidential before the bidding result is made.
Article 38
A tenderer shall take necessary measures to guarantee that bid assessment
is carried out in a strictly secret and confidential situation.
No unit or person may
illegally interfere or affect the bid assessment procedure or result.
Article 39
The bid assessment committee may demand a bidder to make necessary
clarifications or explanations on the contents with ambiguous denotation
of his bid documents, however, such clarifications or explanations may not
exceed the scope of his bid documents or alter any substantial contents of
his bid documents.
Article 40
The bid assessment committee shall assess and compare all bid documents in
accordance with the bid assessment standards and methods set in the tender
documents and; if there is a base bid price, shall take it as reference.
After finishing the assessment, the bid assessment committee shall give a
written report thereon to the tenderer and recommend the qualified
candidate winning bidders.
The tenderer shall,
pursuant to the written report on bid assessment given by the bid
assessment committee, determine the winning bidder from among the
candidate winning bidders recommended by the bid assessment committee. The
tenderer may also authorize the bid assessment committee to directly
determine the winning bidder.
If the State Council
has the special provisions on bid assessment of specified projects subject
to tender, such provisions shall govern.
Article 41
The bid of a winning bidder shall satisfy any of the following
requirements:
1. to be able to
satisfy the maximum various comprehensive assessment standards set in the
tender documents; or
2. to be able to
satisfy the substantial requirements set in the tender documents and to
have the lowest bid price quotation upon assessment, with the exception of
the bid price quotation which is below cost.
Article 42
The bid assessment committee may deny all the bids if, after the
assessment, believes that they fail to satisfy the requirements set forth
in the tender documents.
If all the bids on a
project subject to tender according to law are denied, the tenderer shall
start the tender anew in accordance with this Law.
Article 43
Before the winning bidder is determined, the tenderer may not negotiate
with any bidder on such substantial contents as bid price or bidding plan.
Article 44
Members of the bid assessment committees shall objectively and impartially
perform their duties, comply with the code of ethics and be personally
liable for their assessment opinions.
A member of a bid
assessment committee may not contact any bidder privately and may not
accept property or other benefits from any bidder.
Members of the bid
assessment committees and working personnel taking part in bid assessment
may not disclose their bid assessment and comparison of bid documents,
recommendation information about candidate winning bidders and other
information related to bid assessment.
Article 45
When the winning bidder is determined, the tenderer shall issue a
bid-winning notice to the former and concurrently, notify all bidders who
do not win the bid about the result.
The bid-winning notice
is legally binding on both the tenderer and the winning bidder. If, after
the bid-winning notice is issued, the tenderer alters the bidding result
or the winning bidder waives the winning project, the said tenderer or the
said winning bidder shall bear legal liabilities according to law.
Article 46
Within 30 days following the date of issuance of the bid-winning notice,
the tenderer and the winning bidder shall enter into a written contract in
accordance with the tender documents and the bid documents of the winning
bidder. The tenderer and the winning bidder may not conclude any other
agreement contrary to the substantial contents of the contract.
If the tender
documents require the winning bidder to provide an earnest for performance
of contract, the winning bidder shall provide it.
Article 47
If a project must be subject to tender according to law, the tenderer
shall, within 15 days following the date of determining the winning bidder,
submit a written report about the tender and bid to the relevant
department for administrative supervision.
Article 48
A winning bidder shall fulfil his obligations as contracted and complete
the winning project. A winning bidder may not transfer the winning project
to another person and may not break the winning project into parts for
transferring them separately to other persons.
A winning bidder may,
as contracted or upon consent of the tenderer, subcontract parts of the
winning project excluding the main structure and critical work to other
persons to complete them. The persons accepting the subcontracts shall
have corresponding qualifications and may not subcontract it again to
other persons.
A winning bidder shall be accountable to the tenderer for the
subcontracted projects, and the persons accepting the subcontracts shall
jointly and severally be liable for the subcontracted parts.
Chapter V Legal Liabilities
Article 49
If a unit, in violation of the provisions of this Law, fails to carry out
a tender for a project subject to tender or breaks a project subject to
tender into parts or resorts to any other form to dodge tender, the unit
shall be ordered to make corrections within a given period of time and may
be imposed a fine exceeding 0.5 per cent and not exceeding 1 per cent of
the contracted sum of the winning project; if the project uses, completely
or partly, the State-owned fund, the project may be suspended or the
allocation of fund may be suspended; and the person-in-charge directly
responsible and other persons directly responsible of the unit shall be
given sanctions according to law.
Article 50
If a procuratorial agency, in violation of the provisions of this Law,
divulges confidential information and materials related to the tender and
bid activity or colludes with a tender or bidder to prejudice the State's
interests, the social and public interests or the legitimate rights and
interests of other persons, the agency shall be imposed a fine exceeding
50,000 yuan and not exceeding 250,000 yuan and the person-in-charge
directly responsible and other persons directly responsible of the agency
shall be imposed a fine exceeding 5 per cent and not exceeding 10 per cent
of the fine imposed on the agency; the illegal gains therefrom, if any,
shall be confiscated of; if the circumstance is serious, its
qualifications for procuratorial agency shall be suspended or revoked; and
if a crime is constituted, criminal responsibility shall be demanded for
according to law. If any loss is caused to other persons, the agency shall
be liable therefor according to law.
If an act set forth in
the preceding paragraph affects the bidding result, the result shall be
void and invalid.
Article 51
A tenderer who restricts or excludes an intended bidder with unreasonable
requirements, applies discriminate treatment to an intended bidder,
compels bidders to form a consortium to jointly submit their bids, or
restricts competition among the bidders, shall be ordered to make
corrections and may be imposed a fine exceeding 10,000 yuan and not
exceeding 50,000 yuan.
Article 52
If a tenderer for a project subject to tender according to law discloses
to another person the names and numbers of intended bidders who have
already acquired his tender documents or any other information related to
the tender and bid which likely affects fair competition, or leaks the
base bid price, the tenderer shall be given a warning and concurrently,
may be imposed a fine exceeding 10,000 yuan and not exceeding 100,000 yuan;
the person-in-charge directly responsible and other persons directly
responsible of the tenderer shall be given sanctions according to law; and
if a crime is constituted, criminal responsibility shall be demanded for
according to law.
If an act set forth in
the preceding paragraph affects the bidding result, the result shall be
void and invalid.
Article 53
If a bidder colludes with another bidder in submitting their bids or
colludes with the tenderer in submitting his bid, or if a bidder resorts
to the manner of offering bribes to the tenderer or members of the bid
assessment committee to win the bid, his winning of the bid shall be void
and invalid, the said bidder shall be imposed a fine exceeding 0.5 per
cent and not exceeding 1 per cent of the sum of the winning project, the
person-in-charge directly responsible and other persons directly
responsible of the bidder shall be imposed a fine exceeding 5 per cent and
not exceeding 10 per cent of the fine imposed on the bidder; the illegal
gains therefrom, if any, shall be confiscated of concurrently; if the
circumstance is serious, his qualifications to take part in bidding of
projects subject to tender shall be cancelled for one to two years and the
cancellation shall be announced or even his business license shall be
revoked by the administrative department for industry and commerce; and if
a crime is constituted, criminal responsibility shall be demanded for
according to law. If any loss is caused to other persons, the said bidder
shall be liable therefor according to law.
Article 54
If a bidder submits his bid in the name of another person or resorts to
deception to win the bid, his winning of the bid shall be void and
invalid, if a loss is caused to the tenderer, the said bidder shall be
liable therefor according to law; and if a crime is constituted, criminal
responsibility shall be demanded for according to law.
If a bidder of a
project subject to tender according to law commits an act set forth in the
preceding paragraph and does not commits a crime, the said bidder shall be
imposed a fine exceeding 0.5 per cent and not exceeding 1 per cent of the
sum of the winning project, the person-in-charge directly responsible and
other persons directly responsible of the bidder shall be imposed a fine
exceeding 5 per cent and not exceeding 10 per cent of the fine imposed on
the bidder; the illegal gains therefrom, if any, shall be confiscated of
concurrently; and if the circumstance is serious, his qualifications for
taking part in bidding for projects subject to tender according to law for
one to three years shall be cancelled and the cancellation shall be
announced, or even his business license shall be revoked by the
administrative department for industry and commerce.
Article 55
If a tenderer for a project subject to tender according to law, in
violation of the provisions of this Law, negotiates with a bidder on such
substantial contents as the bid price or bidding plan, the said tenderer
shall be given a warning and the person-in-charge directly responsible and
other persons directly responsible of the said tenderer shall be given
sanctions according to law.
If an act set forth in
the preceding paragraph affects the bidding result, the result shall be
void and invalid.
Article 56
If a member of a bid assessment committee accepts property or other
benefits from a bidder or if a member of a bid assessment committee or a
working personnel taking part in the bid assessment discloses to another
person the assessment and comparison of bid documents, recommendation of
candidate winning bidders or any other information related to bid
assessment, the member or the personnel shall be given a warning, be
confiscated of the property accepted and may concurrently be imposed a
fine exceeding 3,000 yuan and not exceeding 50,000 yuan, the member of the
bid assessment committee committing any of the illegal acts set forth
shall be revoked his qualifications as a member of the committee and may
no longer take part in bid assessment of projects subject to tender
according to law; and if a crime is constituted, criminal responsibility
shall be demanded for according to law.
Article 57
If a tenderer determines the winning bidder outside the candidate winning
bidders recommended according to law by the bid assessment committee or
determines on his own the winning bidder after all the bids for the
project subject to tender according to law were denied by the bid
assessment committee, the determination shall be void and invalid. The
said tenderer shall be ordered to make corrections and may be imposed a
fine exceeding 0.5 per cent and not exceeding 1 per cent of the sum of the
winning project and; the person-in-charge directly responsible and other
persons directly responsible of the said tenderer shall be given sanctions
according to law.
Article 58
If a winning bidder transfers his winning project to another person,
breaks the winning project into parts and subcontracts them separately to
other persons or, in violation of the provisions of this Law, subcontracts
the main structure or critical work of the winning project to other
persons, or if a subcontractor subcontracts his project again, the
transfer or subcontract shall be void and invalid, the winning bidder or
the subcontractor shall be imposed a fine exceeding 0.5 per cent and not
exceeding 1 per cent of the sum of the transferred or subcontracted
project and concurrently; be confiscated of the illegal gains therefrom,
if any; and may be ordered to stop his business for rectification; and if
the circumstance is serious, the administrative department for industry
and commerce shall revoke his business license.
Article 59
If a tenderer and a winning bidder fail to enter into a contract in
accordance with the tender documents and the bid documents of the winning
bidder, or a tenderer and a winning bidder conclude an agreement contrary
to the substantial contents of the contract, they shall be ordered to make
corrections; and may be imposed a fine exceeding 0.5 per cent and not
exceeding 1 per cent of the sum of the winning project.
Article 60
If a winning bidder fails to perform the contract signed with the tenderer,
his earnest for performance of contract shall not be refunded, if a loss
caused to the tenderer is larger than the amount of earnest, the winning
bidder shall compensate the part in excess of the earnest; and if no
earnest for performance of contract is provided, the winning bidder shall
be liable for any loss of the tenderer.
If a winning bidder
fails to fulfil his obligations according to the contract signed with the
tenderer and the circumstance is serious, his qualifications to take part
in bidding for projects subject to tender according to law shall be
cancelled for two to five years and the cancellation shall be announced,
or even the administrative department for industry and commerce shall
revoke his business license.
If a contract is
unable to be performed due to force majeure, the provisions of the
preceding two paragraphs shall not apply.
Article 61
Administrative sanctions set forth in this Chapter shall be decided by the
relevant departments for administrative supervision designated by the
State Council, excluding those laid down by this Law to execute
administrative sanctions.
Article 62
If any unit, in violation of the provisions of this Law, restricts or
excludes a legal person or any other organization from another place or
system to take part in bidding, designates a procuratorial agency for a
tenderer, compels a tenderer to authorize a procuratorial agency to carry
out the tender, or interferes the tender and bid activity in any other
form, the unit shall be ordered to make corrections; the person-in-charge
directly responsible and other persons directly responsible of the unit
shall be given such sanctions as warning, recording of demerit or
recording of serious demerit according to law, and if the circumstance is
fairly serious, be given such sanctions as demotion, removal from office
or expulsion according to law.
A person who commits
any of the acts set forth in the preceding paragraph by taking advantage
of his power shall be demanded for his responsibility in accordance with
the provisions of the preceding paragraph.
Article 63
A public servant of a State organ obligated for exercising administrative
supervision according to law over tender and bid activities, who practices
favoritism or irregularity, abuses his power or neglects his duty of
office, shall be demanded for criminal responsibility according to law if
a crime is constituted and; if no crime is constituted, be given
administrative sanctions according to law.
Article 64
If the bidding result of a project subject to tender according to law is
void and invalid due to violation of the provisions of this Law, a new
winning bidder shall be determined from among other bidders according to
the bidding terms laid down in this Law or a new tender shall be carried
out according to this Law.
Chapter VI Supplementary Provisions
Article 65
A bidder or any other interested person who believes that a tender and bid
activity does not conform to the provisions of this Law shall be entitled
to raise his objection to the tenderer or to file a complaint with the
relevant department for administrative supervision according to law.
Article 66
Projects not suitable for carrying out tenders because of involving in
State security, State secrets, emergency rescue and disaster relief or
other special circumstances involving the use of relief fund for providing
work as a form of relief or requiring to employ farmers as workers, may
not be subject to tender in accordance with the relevant regulations of
the State.
Article 67
If the loan or fund provider of a project subject to tender using a loan
or aid fund from an international organization or a foreign government has
different provisions on specific requirements and procedures for the
tender and bid, his provisions may apply, with the exception of those
contrary to the social and public interests of the People's Republic of
China.
Article 68
This Law shall enter into force on January 1, 2000.
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2000,
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