《中华人民共和国招标投标法》英文版Word下载.docx

1、Chapter 1 General ProvisionsArticle 1 This Law is formulated in order to regulate tendering and bidding activities,protect national and public interests as well as the legitimate rights and interests of the parties involved in tendering and bidding activities, improve economic benefits and ensure qu

2、ality of projects.Article 2 This Law applies to the tendering and bidding activities within the territory of the Peoples Republic of China .Article 3 The following construction projects undertaken within the territory of the People s Republic of China, including the surveying and investi-gation, des

3、ign, construction and construction supervision of such projects as well as the procurement of relevant major equipment and materials for such projects, shall be carried out through tendering procedures :（1） large scale infrastructure projects and public utility projects concerning public interests a

4、nd security ;（2） projects invested completely or parily by the goveriinient or funded through state financing ;（3） projects using loans and aid funds from international organizations or foreign goverments.The specific scope and threshold for tendering of the projects listed in the preceding paragrap

5、h shall be formulated by the development planning department of the State Council , together with other State ouncil departments, and be reported to the State Council for approval.If otherlaws or the State Council have provisions on the scope of other projects which must be subject to tender, such p

6、rovisions shall be followed.Article 4 No units or persons may break a project suhJect to tender by law into several smaller parts or by any other means try to dodge tendering.Article 5 Tenderingand bidding activities shall follow the principles of openness, fairness, impartiality and trustworthiness

7、.Article 6 No local or departmental limits shall be imposed on the tenderingand bidding activities of the projects suUJect to tender by law. No units or persons shall, by any means, illegally limit or exclude legal persons or other organizations from other regions or systems from participating in bi

8、dding . No illegal interference in any form is pemiitted in the tendering and bidding activities .Article 7 Ail tendering and bidding activities and the parties involved shall be subject to legally constituted supervision .Relevant departments for adininistrative supervision shall undertake supervis

9、ion of the tendering and bidding activities according to. law, and investigate and deal with the any illegal actions therein.The division of specific duties and powers of the administrative supervision of tendering and bidding.activities and .the relevant dspartrnentsshall be determined by the State

10、 Council.Chapter2 TenderingArticle 8 A tenderer is a legal person or other kind of organization proposing a project subject to tender and undertakes tendering in accordance with this Law .Article 9 If a project suUJect to tender is required to go through the procedures of exaniination and approval i

11、n accordance with .elevantnational regulations, it shall firsily proceed with such procedures and obtain the approval.A tenderer shall have the correspoflding funds orconfirmed sources of funds for the project subject to tender and state it truthfully in its tender documents .Article 10 Tendering is

12、 dassified into two categories : open tendering and selective tendering.Open tendering indicates that a tenderer, in the form of tender notice, invites unspecified legal persons or other organizations to bid.Selective tendering means that a tenderer, in the form of invitation to bid, invites specifi

13、ed legal persons or other organizations to bid .Article 11 If a national key construction project determined by the development planning department of the State Council or a local key construction project determined by the pooples government of a province, an autonomous region or a municipality dire

14、ctly under the State Council is not suitable for open tendering , it may be suhJect to seiective tendering with the approval of the dsvelopment planning department of the State Council or the poople s government of a province, an autonomous region or a municipality directly under the State Council.A

15、rticle 12 A tenderer shall have the right to choose, on his own, a tendering agency and entrust it to undertake tendering work. No units or iudividuals shall , by any means , appoint a tendering agency for the tenderer.A tenderer who has the capability of compiling tender docunientation and organizi

16、ng bid evaluation may carry out the tender himself. No units or individuals shall force the tenderer to entrust a tendering agency to carry out the tendering work.A tenderer shall file a record to the relevant department for adriiimstrative supervision if it cames out by himself the tendering for a

17、project suhJect to tender by law.Article 13 A tendering agency is a social intermediary organization set up according to law toengage in business as a tendering agent and provide related services.A tendering agency shall satisfy the following conditions :（1） having a place of business and the necess

18、ary financial resources for the business as a tendering agent ;（2） having relevant professional capacity for compiling tender docuxnents and organizing bid evaluation ;（3） having a pool of experts in technology , economics and such other fields who satisfy the conditions laid down in Paragraph 3 of

19、Article 37 of this Law and who can be candidates for members of the bid evaluation conixnittee.Article 14 The qualificationsof tendering agencies engagingin the tendering business of construction projects shall be specified by the adminis-trative departments for construction of the State Council or

20、of the People s goveriirnent of provinces, autonomous regions or municipalities directly under the State Council. The specific provisions therefor shall be formulated by the administrative department for construction together with other relevant departments of the State Council. The State Council sh

21、all determine the adriiinistrative departments for specifying the qualifications of other tendering agencies engaged in the business.There shall be no subordination or other relationship of interest between tendering agencies and adininistrative organs and other state organizations.Article 15 A tend

22、ering agency shall conduct tendering work within the scope authorized by the tenderer and shall comply with the provisions of this Law on tenderers.Article 16 If the open tendering procedure is adopted by the tenderer, a tender notice shall be issued. The tender notice for a project subJect to tende

23、r according to law shall be published in newspapers , information networks or other kinds of media designated by the State.Tender notice shall clearly present such particulars as the name and address of the tenderer, the nature, quantity, place and time of implementation of the project suhJect to te

24、nder and the method of obtaining the tender docunients.Article 17 If the selective tendering procedure is adopted by the tenderer, invitations to bid shall be sent to three or more specified legal persons or other organizations which are capable of undertaking the project suhJect to tenderand have a

25、 good reputation and qualification .An invitation to bid shall clearly indicate the items specified in Paragraph 2 of Article-16 of this Law .Article 18 Based on the requirements of the project suhJect to tender, a tenderer may request, in his tender notice or invitations to bid, potential bidders t

26、o provids relevant certificates and information concerning their competence and business achievements and examine the qualifications of the potential bidders. If the State has provisions on the qualifications of the bidders, such provisions shall be followed .A tenderer shall not restrict or excluds

27、 any potential bidder with unfair requirements, nor shall he impose any discriminatory treatments on any potential bidder.Artide 19 A tenderer shall compilethe tender docunients in accordance with the characteristics and requirements of the project. The tender documents shall include such substantiv

28、e requirements and terms as the .technical specifications of the project suhject to tender, standards for examination of the bidders qualifications, requirements for bid price quotation and bid evaluation criteria as well as major clauses ofthe contract to be sigued.If there are national provisions

29、on the technology and standards for the project subJectto tender, a tenderer shall, in accordance with such provisions,state such corresponding requirements in the tender docurnents .If there is a need to divide a project subject to tendsr into bid lots or to determinethe constrnction periods, the t

30、enderer shall reasonably make such a division or determinationand shall state it clearly in the tender docurnents.Article 20 Tendsr documents shall not require or indicate specified producer or supplier, nor shall they contain any other provisions favouring or excluding potential bidders.Article 21

31、In accordance with the actual conditions of a project suUJect to tender, atenderer may organize the potential bidders to inspect the site of ihe project .Article 22 A tenderer shall not disclose to other poople the names and number of potential bidders who have obtainedthe tender docunients or other relevant information relatingto tendering and bidding activities which might affect fair competition.A tenderer who has determined a tender base price shall keep such base price confidential.Article 23 If necessary clarifications or modifications are needed for the tend