Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China

Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China

(Promulgated by Decree No. 613 of The State Council of the People's Republic of China on December 20, 2011 According to the Decision of The State Council on Amending and repealing Some Administrative Regulations on March 1, 2017 The first revision according to the Decision of The State Council on Amending and repealing some Administrative Regulations on March 19, 2018 The second revision according to the Decision of The State Council on Amending and repealing some Administrative Regulations on March 2, 2019 Decision of The State Council on Amending Some Administrative Regulations (the third revision)

Chapter 1 General provisions

Article 1 In order to regulate bidding and tendering activities, this regulation is formulated in accordance with the "Bidding and Tendering Law of the People's Republic of China" (hereinafter referred to as the "Bidding and Tendering Law").

Article 2 The construction project referred to in Article 3 of the Tendering and Bidding Law refers to the project and the goods and services related to the construction.

The engineering referred to in the preceding paragraph refers to construction projects, including the construction, renovation, expansion, and related decoration, demolition, and repair of buildings and structures; The goods related to engineering construction refer to the equipment, materials, etc. that form an integral part of the project and are necessary for achieving the basic functions of the project; The services related to engineering construction refer to the survey, design, supervision and other services required to complete the project.

Article 3 The specific scope and scale standards of construction projects that must be tendered according to law shall be formulated by the development and reform department of the State Council in conjunction with relevant departments of the State Council, and shall be announced and implemented after being approved by the State Council.

Article 4 The development and reform departments of the State Council shall guide and coordinate the national bidding and tendering work, and supervise and inspect the bidding and tendering activities of major national construction projects. The departments of industry and information technology, housing and urban-rural development, transportation, railways, water conservancy, commerce, etc. of the State Council shall supervise relevant bidding and tendering activities in accordance with the prescribed division of responsibilities.

The development and reform departments of local people's governments at or above the county level shall guide and coordinate the bidding and tendering work in their respective administrative regions. Relevant departments of local people's governments at or above the county level shall supervise bidding activities in accordance with the prescribed division of responsibilities, and investigate and punish illegal activities in bidding activities in accordance with the law. If the local people's governments at or above the county level have other regulations on the division of supervision responsibilities for the bidding and tendering activities of their subordinate departments, such regulations shall prevail.

The financial department shall supervise the implementation of government procurement policies for government procurement engineering construction projects that implement bidding and tendering in accordance with the law.

The supervisory authorities shall carry out supervision on the supervisory objects related to bidding and tendering activities in accordance with the law.

Article 5 Local people's governments at or above the city level divided into districts may, according to actual needs, establish unified and standardized bidding and tendering trading venues to provide services for bidding and tendering activities. The bidding and tendering trading venue shall not have a subordinate relationship with the administrative supervision department, and shall not aim for profit.

The state encourages the use of information networks for electronic bidding and tendering.

Article 6 It is prohibited for state personnel to illegally interfere with bidding and tendering activities in any way.

Chapter 2 Bidding

Article 7 For projects that require project approval and verification procedures in accordance with relevant national regulations and must be tendered in accordance with the law, the scope, method, and organizational form of the tender shall be submitted to the project approval and verification department for approval and verification. The project approval and review departments shall promptly notify the relevant administrative supervision departments of the bidding scope, bidding method, and bidding organization form determined by the approval and review.

Article 8 Projects that require bidding according to law and are controlled or dominated by state-owned funds shall be publicly tendered; But in any of the following circumstances, bidding can be invited:

（1） Due to technical complexity, special requirements, or natural environmental limitations, only a small number of potential bidders are available for selection;

（2） The cost of using open bidding method accounts for a large proportion of the project contract amount.

In the case of the circumstances listed in the second item of the preceding paragraph, which belong to the projects stipulated in Article 7 of these Regulations, the project approval department shall make a determination when approving the project; For other projects, the tenderer shall apply to the relevant administrative supervision department for recognition.

Article 9 Except for the special circumstances stipulated in Article 66 of the Tendering and Bidding Law where tendering may not be conducted, tendering may not be conducted in any of the following circumstances:

（1） Need to adopt irreplaceable patents or proprietary technologies;

（2） The purchaser is legally able to construct, produce or provide on their own;

（3） The investors of the franchise projects selected through bidding are legally able to construct, produce or provide on their own;

（4） It is necessary to purchase engineering, goods or services from the original winning bidder, otherwise it will affect the construction or functional supporting requirements;

（5） Other special circumstances stipulated by the state.

If a tenderer fabricates or fabricates information in accordance with the provisions of the preceding paragraph, it falls under the category of avoiding bidding as stipulated in Article 4 of the Tendering and Bidding Law.

Article 10 The second paragraph of Article 12 of the Tendering and Bidding Law stipulates that the tenderer has the ability to prepare tender documents and organize evaluation, which means that the tenderer has professional personnel in technical, economic and other aspects that are suitable for the scale and complexity of the tender project.

Article 11 The departments of housing and urban-rural development, commerce, development and reform, industry, and information technology under the State Council shall, in accordance with their prescribed responsibilities, supervise and manage bidding agencies in accordance with the law.

Article 12 The bidding agency shall have a certain number of professional personnel with corresponding abilities such as preparing bidding documents and organizing bid evaluations.

Article 13 The bidding agency shall carry out bidding agency business within the scope entrusted by the tenderer, and no unit or individual shall illegally interfere.

The bidding agency shall comply with the provisions of the Tendering and Bidding Law and this Regulation regarding the tenderer when acting as an agent for bidding business. The bidding agency shall not bid or act as an agent in the bidding project it represents, nor shall it provide consultation to bidders of the bidding project it represents.

Article 14 The tenderer shall sign a written commission contract with the entrusted tendering agency, and the fee standards stipulated in the contract shall comply with relevant national regulations.

Article 15 Projects subject to public bidding shall issue bidding notices and prepare bidding documents in accordance with the provisions of the Tendering and Bidding Law and these Regulations.

If the tenderer adopts the pre qualification method to conduct qualification review on potential bidders, it shall issue a pre qualification announcement and prepare pre qualification documents.

The pre qualification announcement and bidding announcement of projects that must be tendered according to law shall be published on the media designated by the development and reform department of the State Council in accordance with the law. The content of the pre qualification announcement or bidding announcement for the same bidding project published on different media should be consistent. The designated media shall not charge any fees for publishing the domestic pre qualification announcement and bidding announcement of projects that must be tendered according to law.

The pre qualification documents and bidding documents for projects that must be tendered according to law shall be prepared using standard texts formulated by the development and reform department of the State Council in conjunction with relevant administrative supervision departments.

Article 16 The tenderer shall sell the pre qualification documents or tender documents at the time and place specified in the pre qualification announcement, tender announcement or tender invitation letter. The sales period of the pre qualification documents or bidding documents shall not be less than 5 days.

The fees charged by the tenderer for the sale of pre qualification documents and bidding documents shall be limited to compensating for the cost of printing and mailing, and shall not be for profit.

Article 17 The tenderer shall reasonably determine the time for submitting the pre qualification application documents. The time for submitting pre qualification application documents for projects that must be tendered according to law shall not be less than 5 days from the date when the pre qualification documents are no longer available for sale.

Article 18 Pre qualification shall be conducted in accordance with the standards and methods specified in the pre qualification documents.

For projects that require bidding according to law and are controlled or dominated by state-owned funds, the tenderer shall establish a qualification review committee to review the pre qualification application documents. The qualification review committee and its members shall comply with the provisions of the Tendering and Bidding Law and this Regulation regarding the evaluation committee and its members.

Article 19 After the pre qualification review is completed, the tenderer shall promptly issue a notice of pre qualification results to the pre qualification applicant. Applicants who have not passed the pre qualification review are not eligible to bid.

If the number of applicants who have passed the pre qualification review is less than 3, a new bidding shall be conducted.

Article 20 If the tenderer adopts the post qualification review method to conduct qualification examination on bidders, the evaluation committee shall review the qualifications of bidders in accordance with the standards and methods stipulated in the bidding documents after the bid opening.

Article 21 The tenderer may make necessary clarifications or modifications to the pre qualification documents or tender documents that have already been issued. If the clarification or modification may affect the preparation of the pre qualification application documents or bidding documents, the tenderer shall notify all potential bidders who have obtained the pre qualification documents or bidding documents in writing at least 3 days before the deadline for submitting the pre qualification application documents or at least 15 days before the deadline for bidding; If it is less than 3 days or 15 days, the tenderer shall extend the deadline for submitting the pre qualification application documents or bidding documents.

Article 22 If potential bidders or other interested parties have objections to the pre qualification documents, they shall raise them 2 days before the deadline for submitting the pre qualification application documents; Any objection to the bidding documents shall be raised 10 days before the deadline for submission of bids. The tenderer shall respond within 3 days from the date of receiving the objection; Before making a response, the bidding and tendering activities should be suspended.

Article 23 If the content of the pre qualification documents or bidding documents prepared by the tenderer violates mandatory provisions of laws and administrative regulations, violates the principles of openness, fairness, impartiality, and good faith, and affects the pre qualification results or the bidding of potential bidders, the tenderer of the project that must be tendered according to law shall re tender after modifying the pre qualification documents or bidding documents.

Article 24 When dividing the bidding project into sections, the tenderer shall comply with the relevant provisions of the Tendering and Bidding Law and shall not use the division of sections to restrict or exclude potential bidders. The tenderer of a project that must be tendered according to law shall not use the division of sections to avoid bidding.

Article 25 The tenderer shall specify the validity period of the bid in the tender documents. The validity period of the bid shall be calculated from the deadline for submitting the bid documents.

Article 26 If the tenderer requires bidders to submit a bid security deposit in the tender documents, the bid security deposit shall not exceed 2% of the estimated price of the tender project. The validity period of the bid security shall be consistent with the validity period of the bid.

Domestic bidding units for projects that must be tendered according to law shall transfer the bid security deposit submitted in cash or by check from their basic account.

The tenderer shall not misappropriate the bid security deposit.

Article 27 The tenderer may decide on its own whether to prepare a base bid price. A bidding project can only have one base price. The base price must be kept confidential.

Intermediary agencies entrusted to prepare the base price shall not participate in bidding for projects entrusted with preparing the base price, nor shall they prepare bidding documents or provide consultation for bidders of the project.

If the tenderer has a maximum bid price limit, it shall specify the maximum bid price limit or the calculation method of the maximum bid price limit in the tender documents. The tenderer shall not set a minimum bidding price.

Article 28 The tenderer shall not organize individual or partial potential bidders to visit the project site.

Article 29 The tenderer may, in accordance with the law, carry out general contracting bidding for all or part of the project and goods and services related to the construction of the project. If the engineering, goods, and services included in the general contracting scope in the form of provisional estimates belong to the scope of projects that must be tendered according to law and meet the national scale standards, they shall be tendered in accordance with the law.

The provisional estimate referred to in the preceding paragraph refers to the amount of engineering, goods, and services temporarily estimated by the tenderer in the bidding documents when the price cannot be determined during the general contracting bidding.

Article 30 For projects with complex technology or inability to accurately formulate technical specifications, the tenderer may conduct bidding in two stages.

In the first stage, bidders shall submit technical proposals without quotation in accordance with the requirements of the bidding announcement or invitation to bid. The tenderer shall determine the technical standards and requirements based on the technical proposals submitted by bidders and prepare the bidding documents.

In the second stage, the tenderer provides the bidding documents to the bidders who submitted technical suggestions in the first stage, and the bidders submit the bidding documents including the final technical proposal and bid price in accordance with the requirements of the bidding documents.

If the tenderer requires the bidder to submit a bid security deposit, it shall be raised in the second stage.

Article 31 If the tenderer terminates the tender, it shall promptly issue a notice or notify in writing the invited or potential bidders who have obtained the pre qualification documents or tender documents. If the pre qualification documents or bidding documents have already been released or the bid security has been collected, the tenderer shall promptly refund the fees for the pre qualification documents and bidding documents, as well as the bid security and bank deposit interest for the same period.

Article 32 The tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions.

If the tenderer engages in any of the following behaviors, it shall be deemed as restricting or excluding potential bidders or bidders under unreasonable conditions:

（1） Provide different project information to potential bidders or bidders for the same bidding project;

（2） The qualifications, technical and business conditions set are not suitable for the specific characteristics and actual needs of the bidding project or are unrelated to the performance of the contract;

（3） Projects that must be tendered according to law are based on performance or awards in specific administrative regions or industries as bonus points or winning conditions;

（4） Adopt different qualification review or evaluation criteria for potential bidders or bidders;

（5） Restricting or designating specific patents, trademarks, brands, origins, or suppliers;

（6） Projects that must be tendered according to law illegally restrict the ownership or organizational form of potential bidders or bidders;

（7） Restricting or excluding potential bidders or bidders with other unreasonable conditions.

Chapter 3   Bidding

Article 33 Bidders participating in bidding for projects that must be tendered in accordance with the law shall not be restricted by regions or departments, and no unit or individual shall illegally interfere.

Article 34 Legal persons, other organizations or individuals who have an interest relationship with the tenderer that may affect the fairness of the tender shall not participate in the bidding.

The same person in charge of the unit or different units with controlling or management relationships shall not participate in bidding for the same section or bidding for the same bidding project without dividing the section.

Any bid that violates the first two provisions shall be deemed invalid.

Article 35 Bidders who withdraw their submitted bidding documents shall notify the tenderer in writing before the deadline for submission of bids. If the tenderer has already collected the bid security deposit, it shall be refunded within 5 days from the date of receiving the written withdrawal notice from the bidder.

If the bidder withdraws the bid documents after the bidding deadline, the tenderer may not refund the bid security deposit.

Article 36 The tenderer shall reject the bidding documents submitted by applicants who have not passed the pre qualification review, as well as bidding documents that are delivered late or not sealed according to the requirements of the bidding documents.

The tenderer shall truthfully record the delivery time and sealing situation of the bidding documents, and archive them for future reference.

Article 37 The tenderer shall specify in the pre qualification announcement, bidding announcement, or bid invitation whether to accept consortium bidding.

If the tenderer accepts consortium bidding and conducts pre qualification, the consortium shall be formed before submitting the pre qualification application documents. If the consortium increases or decreases its members or changes its members after pre qualification, its bid shall be invalid.

If each party of the consortium bids separately in their own name or participates in other consortium bids in the same bidding project, the relevant bids are invalid.

Article 38 If a bidder undergoes significant changes such as merger, division, bankruptcy, etc., it shall promptly notify the tenderer in writing. If a bidder no longer meets the qualification requirements stipulated in the pre qualification documents or bidding documents, or if their bid affects the fairness of the bidding process, their bid shall be invalid.

Article 39 It is prohibited for bidders to collude with each other in bidding.

Any of the following situations constitutes collusion among bidders:

（1） The substantive content of the bidding documents, such as the negotiation of bidding prices among bidders;

（2） Agreement between bidders on the winning bidder;

（3） Bidders agree that some bidders may abandon or win the bid;

（4） Bidders belonging to the same group, association, chamber of commerce, or other organizations shall collaborate in bidding in accordance with the requirements of the organization;

（5） Other joint actions taken by bidders to seek winning bids or exclude specific bidders.

Article 40 In any of the following circumstances, it shall be deemed that bidders collude with each other to bid:

（1） The bidding documents of different bidders shall be prepared by the same unit or individual;

（2） Different bidders entrust the same unit or individual to handle bidding matters;

（3） The project management members specified in the bidding documents of different bidders are the same person;

（4） The bidding documents of different bidders are abnormally consistent or the bidding prices show regular differences;

（5） The bidding documents of different bidders are mixed together;

（6） The bid security of different bidders shall be transferred from the same unit or individual's account.

Article 41 It is prohibited for the tenderer to collude with bidders in bidding.

Any of the following situations constitutes collusion between the tenderer and the bidder in bidding:

（1） The tenderer shall open the bidding documents before the bid opening and disclose relevant information to other bidders;

（2） The tenderer directly or indirectly discloses information such as the base price and members of the evaluation committee to the bidders;

（3） The bidder explicitly or implicitly lowers or raises the bid price by the tenderer;

（4） The tenderer instructs the bidder to replace or modify the bidding documents;

（5） The tenderer explicitly or implicitly provides convenience for specific bidders to win the bid;

（6） Other collusive actions taken by the tenderer and the bidder in pursuit of winning the bid of a specific bidder.

Article 42 Bidding using qualifications or certificates obtained through transfer or lease is considered as bidding in the name of others as stipulated in Article 33 of the Tendering and Bidding Law.

If a bidder falls under any of the following circumstances, it shall be deemed as fraudulent behavior in other ways as stipulated in Article 33 of the Tendering and Bidding Law:

（1） Using forged or altered licenses;

（2） Providing false financial information or performance;

（3） Providing false resumes and labor relationship certificates of project leaders or key technical personnel;

（4） Providing false credit status;

（5） Other fraudulent behaviors.

Article 43 Applicants who submit pre qualification application documents shall comply with the provisions of the Tendering and Bidding Law and these Regulations regarding bidders.

Chapter 4 Bid opening, bid evaluation and bid winning

Article 44 The tenderer shall open the bids at the time and place specified in the bidding documents.

If there are less than 3 bidders, the bid opening shall not be conducted; The tenderer shall re tender.

If the bidder has objections to the bid opening, they shall raise them at the bid opening site, and the tenderer shall respond on the spot and make a record.

Article 45 The state implements unified professional classification standards and management measures for bid evaluation experts. The specific standards and methods shall be formulated by the development and reform department of the State Council in conjunction with relevant departments of the State Council.

Provincial governments and relevant departments of the State Council shall establish a comprehensive evaluation expert database.

Article 46 Except for special bidding projects as stipulated in Article 37, Paragraph 3 of the Tendering and Bidding Law, for projects that must be tendered according to law, the expert members of the evaluation committee shall be randomly selected from the list of experts in the relevant fields in the evaluation expert database. No unit or individual shall designate or indirectly designate expert members to participate in the evaluation committee in any way, whether express or implied.

The tenderer of a project that must be tendered according to law shall not replace the members of the evaluation committee determined in accordance with the law, except for reasons stipulated in the Tendering and Bidding Law and these Regulations. The replacement of expert members of the evaluation committee shall be carried out in accordance with the provisions of the preceding paragraph.

Members of the evaluation committee who have a vested interest in the bidder shall voluntarily recuse themselves.

The relevant administrative supervision departments shall supervise the determination of members of the evaluation committee, the selection of evaluation experts, and the evaluation activities in accordance with the prescribed division of responsibilities. Staff members of administrative supervision departments shall not serve as members of the evaluation committee responsible for supervising projects within their respective departments.

Article 47 The special bidding project referred to in the third paragraph of Article 37 of the Tendering and Bidding Law refers to a project that is technically complex, highly specialized, or has special requirements from the state, and it is difficult for experts determined by random selection to ensure their competence in the evaluation work.

Article 48 The tenderer shall provide the necessary information for the evaluation to the evaluation committee, but shall not express or imply its inclination or exclusion towards specific bidders.

The tenderer shall reasonably determine the evaluation time based on factors such as project scale and technical complexity. If more than one-third of the members of the evaluation committee believe that the evaluation time is not enough, the tenderer should extend it appropriately.

During the evaluation process, if a member of the evaluation committee has reasons for recusal, leaves their post without permission, or is unable to continue the evaluation due to health reasons, they should be replaced in a timely manner. The evaluation conclusion made by the replaced members of the evaluation committee is invalid, and a new evaluation will be conducted by the replaced members of the evaluation committee.

Article 49 Members of the bid evaluation committee shall, in accordance with the provisions of the Tendering and Bidding Law and these Regulations, objectively and fairly provide evaluation opinions on the bidding documents based on the evaluation standards and methods specified in the bidding documents. The evaluation criteria and methods not specified in the bidding documents shall not be used as the basis for evaluation.

Members of the evaluation committee shall not have private contact with bidders, shall not accept financial or other benefits from bidders, shall not seek the intention of the tenderer to determine the winning bidder, shall not accept any explicit or implicit inclination or exclusion of specific bidders from any unit or individual, and shall not engage in any other subjective or unfair performance of duties.

Article 50 If a bidding project has a base price, the tenderer shall announce it at the bid opening. The base bid price can only be used as a reference for bid evaluation, and cannot be used as a winning condition based on whether the bid price is close to the base bid price, nor can it be used as a condition for rejecting bids based on whether the bid price exceeds the fluctuation range of the base bid price.

Article 51 In any of the following circumstances, the evaluation committee shall reject the bid:

（1） The bidding documents have not been stamped by the bidding unit and signed by the responsible person of the unit;

（2） The bidding consortium did not submit a joint bidding agreement;

（3） The bidder does not meet the qualification requirements stipulated by the state or bidding documents;

（4） The same bidder shall submit two or more different bidding documents or bid prices, except where the bidding documents require the submission of alternative bids;

（5） The bidding price is lower than the cost or higher than the maximum bidding limit set in the bidding documents;

（6） The bidding documents do not respond to the substantive requirements and conditions of the bidding documents;

（7） The bidder has engaged in illegal activities such as collusion in bidding, fraud, and bribery.

Article 52 If there are unclear contents, obvious text or calculation errors in the bidding documents, and the evaluation committee deems it necessary for the bidder to make necessary clarifications and explanations, it shall notify the bidder in writing. Bidders' clarifications and explanations shall be in written form and shall not exceed the scope of the bidding documents or alter the substantive content of the bidding documents.

The evaluation committee shall not imply or induce bidders to make clarifications or explanations, and shall not accept clarifications or explanations voluntarily proposed by bidders.

Article 53 After the evaluation is completed, the evaluation committee shall submit a written evaluation report and a list of successful bidders to the tenderer. The number of candidates for winning the bid should not exceed 3, and the ranking should be indicated.

The evaluation report shall be signed by all members of the evaluation committee. Members of the evaluation committee who have different opinions on the evaluation results shall explain their different opinions and reasons in writing, and the evaluation report shall indicate the different opinions. If a member of the evaluation committee refuses to sign the evaluation report and does not provide a written explanation of their different opinions and reasons, it shall be deemed that they agree with the evaluation results.

Article 54 For projects that must be tendered according to law, the tenderer shall publicize the winning bidder candidates within 3 days from the date of receiving the evaluation report, and the publicity period shall not be less than 3 days.

If bidders or other interested parties have objections to the evaluation results of projects that must be tendered according to law, they shall raise them during the public announcement period of the winning bidder candidates. The tenderer shall respond within 3 days from the date of receiving the objection; Before making a response, the bidding and tendering activities should be suspended.

Article 55 For projects that require bidding according to law and are controlled or dominated by state-owned funds, the tenderer shall determine the first ranked candidate as the winning bidder. If the top ranked candidate for winning the bid abandons the bid, is unable to perform the contract due to force majeure, fails to submit the performance bond as required by the bidding documents, or is found to have illegal activities that affect the winning bid results, and does not meet the conditions for winning the bid, the tenderer may determine other candidates for winning the bid in order according to the list of candidates proposed by the evaluation committee, or may conduct a new bidding.

Article 56 If there is a significant change in the business or financial situation of the winning bidder candidate or if there is illegal behavior that the tenderer believes may affect their ability to perform the contract, the original evaluation committee shall review and confirm it in accordance with the standards and methods stipulated in the bidding documents before issuing the winning bid notification.

Article 57 The tenderer and the winning bidder shall sign a written contract in accordance with the provisions of the Tendering and Bidding Law and these Regulations. The main terms of the contract, such as the subject matter, price, quality, and performance period, shall be consistent with the contents of the tender documents and the winning bidder's bidding documents. The tenderer and the winning bidder shall not enter into any other agreement that deviates from the substantive content of the contract.

The tenderer shall return the bid security and bank deposit interest to the winning bidder and unsuccessful bidders within 5 days after the signing of the written contract at the latest.

Article 58 If the bidding documents require the winning bidder to submit a performance bond, the winning bidder shall submit it in accordance with the requirements of the bidding documents. The performance bond shall not exceed 10% of the winning contract amount.

Article 59 The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, nor shall they divide the winning project and transfer it separately to others.

The winning bidder may subcontract some non essential and non critical work of the winning project to others for completion in accordance with the contract or with the consent of the tenderer. The person accepting subcontracting shall have the corresponding qualifications and shall not subcontract again.

The winning bidder shall be responsible to the tenderer for the subcontracted project, and the person accepting the subcontract shall bear joint and several liability for the subcontracted project.

Chapter 5 Complaints and handling

Article 60 If a bidder or other interested party believes that the bidding and tendering activities do not comply with the provisions of laws and administrative regulations, they may file a complaint with the relevant administrative supervision department within 10 days from the date of knowing or should have known. Complaints should have clear requests and necessary supporting materials.

If a complaint is made regarding the matters specified in Articles 22, 44, and 54 of this Regulation, the objection shall be raised to the tenderer first, and the period for responding to the objection shall not be counted towards the deadline specified in the preceding paragraph.

Article 61 If a complainant complains about the same matter to two or more administrative supervision departments that have the authority to accept it, the administrative supervision department that receives the complaint first shall be responsible for handling it.

The administrative supervision department shall decide whether to accept the complaint within 3 working days from the date of receipt, and make a written decision on handling the complaint within 30 working days from the date of acceptance; The time required for inspection, testing, identification, and expert review is not included.

If the complainant fabricates facts, forges materials, or obtains proof materials through illegal means to file a complaint, the administrative supervision department shall reject it.

Article 62 Administrative supervision departments have the right to review and copy relevant documents and materials, investigate relevant situations when handling complaints, and relevant units and personnel shall cooperate. When necessary, the administrative supervision department may order the suspension of bidding and tendering activities.

The staff of the administrative supervision department shall keep confidential the state secrets and commercial secrets known during the supervision and inspection process in accordance with the law.

Chapter 6 Legal liability

Article 63 If a tenderer engages in any of the following acts of restricting or excluding potential bidders, the relevant administrative supervision department shall impose penalties in accordance with Article 51 of the Tendering and Bidding Law:

（1） Projects that should be publicly tendered according to law do not publish pre qualification notices or tender notices on designated media in accordance with regulations;

（2） Inconsistencies in the content of the pre qualification announcement or bidding announcement for the same bidding project published on different media may affect potential bidders' application for pre qualification or bidding.

If the tenderer of a project that must be tendered according to law fails to issue a pre qualification announcement or tender announcement in accordance with regulations, which constitutes avoidance of tendering, they shall be punished in accordance with Article 49 of the Tendering and Bidding Law.

Article 64 If a tenderer falls under any of the following circumstances, the relevant administrative supervision department shall order it to make corrections and may impose a fine of up to 100000 yuan:

（1） According to law, open bidding should be adopted instead of invitation bidding;

（2） The time limit for the sale, clarification, and modification of bidding documents and pre qualification documents, or the determined time limit for submitting pre qualification application documents and bidding documents, does not comply with the provisions of the Tendering and Bidding Law and these Regulations;

（3） Accepting units or individuals who have not passed the pre qualification review to participate in bidding;

（4） Accept the bidding documents that should be rejected.

If the tenderer commits any of the acts listed in the first, third, or fourth items of the preceding paragraph, the directly responsible person in charge and other directly responsible personnel of the unit shall be punished in accordance with the law.

Article 65 If a bidding agency bids, acts as an agent for bidding, or provides consultation to bidders in the bidding project it represents, or if an intermediary agency entrusted to prepare the base price participates in the bidding of the entrusted base price project or prepares bidding documents and provides consultation for bidders in the project, legal responsibility shall be pursued in accordance with Article 50 of the Tendering and Bidding Law.

Article 66 If a tenderer collects bid security or performance security in excess of the proportion stipulated in these Regulations, or fails to return the bid security and bank deposit interest for the same period as required, the relevant administrative supervision department shall order it to make corrections and may impose a fine of up to 50000 yuan; Those who cause losses to others shall be liable for compensation in accordance with the law.

Article 67 If bidders collude with each other or with the tenderer to bid, or if bidders bribe the tenderer or members of the evaluation committee to win the bid, the winning bid shall be invalid; If a crime is committed, criminal responsibility shall be pursued in accordance with the law; If it does not constitute a crime, it shall be punished in accordance with Article 53 of the Tendering and Bidding Law. If the bidder fails to win the bid, the penalty amount for the unit shall be calculated according to the proportion stipulated in the bidding law based on the contract amount of the bidding project.

If a bidder engages in any of the following behaviors, it shall be considered a serious act under Article 53 of the Tendering and Bidding Law, and the relevant administrative supervision department shall cancel its bidding qualification for projects that must be tendered according to law within 1 to 2 years:

（1） Using bribery to win the bid;

（2） Collusive bidding twice or more within 3 years;

（3） Collusive bidding behavior damages the legitimate interests of the tenderer, other bidders, or the state, collectives, and citizens, resulting in direct economic losses of more than 300000 yuan;

（4） Other serious acts of collusion in bidding.

If a bidder commits any of the illegal acts listed in the second paragraph of this article within 3 years from the expiration of the penalty execution period stipulated in that paragraph, or colludes in bidding or uses bribery to win the bid with particularly serious circumstances, the business license shall be revoked by the administrative authority for industry and commerce.

If there are other provisions in laws and administrative regulations regarding the punishment of collusive bidding and quotation behavior, such provisions shall prevail.

Article 68 If a bidder submits a bid in the name of another person or falsifies information in any other way to win the bid, the winning bid shall be invalid; If a crime is committed, criminal responsibility shall be pursued in accordance with the law; If it does not constitute a crime, it shall be punished in accordance with Article 54 of the Tendering and Bidding Law. If the bidder of a project that must be tendered according to law fails to win the bid, the amount of the fine imposed on the unit shall be calculated according to the proportion stipulated in the bidding law based on the contract amount of the tendered project.

If a bidder engages in any of the following behaviors, it shall be considered a serious act under Article 54 of the Tendering and Bidding Law, and the relevant administrative supervision department shall cancel its bidding qualification for projects that must be tendered according to law within 1 to 3 years:

（1） Falsifying or altering qualifications, qualification certificates, or other permits to fraudulently win the bid;

（2） Bidding in the name of another person twice or more within 3 years;

（3） Falsifying to obtain the bid and causing direct economic losses of over 300000 yuan to the tenderer;

（4） Other serious acts of fraud and deception to win the bid.

If a bidder commits any of the illegal acts listed in the second paragraph of this article within 3 years from the expiration of the penalty execution period stipulated in that paragraph, or if the circumstances of deceiving and winning the bid are particularly serious, the business license shall be revoked by the administrative authority for industry and commerce.

Article 69 Those who sell or rent qualifications or qualification certificates for others to bid on shall be subject to administrative penalties in accordance with the provisions of laws and administrative regulations; Those who commit crimes shall be held criminally responsible in accordance with the law.

Article 70 If the tenderer of a project that must be tendered according to law fails to establish an evaluation committee in accordance with regulations, or fails to determine or replace members of the evaluation committee in violation of the provisions of the Tendering and Bidding Law and these Regulations, the relevant administrative supervision department shall order correction and may impose a fine of up to 100000 yuan. The directly responsible person in charge and other directly responsible personnel of the unit shall be punished according to law; The evaluation conclusion made by the illegally determined or replaced members of the evaluation committee shall be invalid, and a new evaluation shall be conducted in accordance with the law.

State officials who illegally interfere in the selection of members of the evaluation committee in any way shall be held legally responsible in accordance with Article 80 of these Regulations.

Article 71 If a member of the bid evaluation committee commits any of the following acts, the relevant administrative supervision department shall order them to make corrections; If the circumstances are serious, it is prohibited for them to participate in the evaluation of projects that must be tendered according to law within a certain period of time; If the circumstances are particularly serious, their qualification to serve as a member of the evaluation committee shall be revoked:

（1） Should avoid but not avoid;

（2） Leaving duty without permission;

（3） Not evaluating bids according to the evaluation criteria and methods specified in the bidding documents;

（4） Private contact with bidders;

（5） Seeking the intention of the tenderer to determine the winning bidder or accepting any explicit or implicit preference or exclusion of specific bidders from any unit or individual;

（6） Not providing rejection opinions for bids that should be rejected according to law;

（7） Implies or induces bidders to make clarifications, explanations, or accept clarifications or explanations voluntarily proposed by bidders;

（8） Other behaviors that are not objective or impartial in performing duties.

Article 72 If a member of the evaluation committee accepts money or other benefits from a bidder, and the received money is confiscated, a fine of not less than 3000 yuan but not more than 50000 yuan shall be imposed, the qualification to serve as a member of the evaluation committee shall be cancelled, and they shall not participate in the evaluation of projects that must be tendered according to law; Those who commit crimes shall be held criminally responsible in accordance with the law.

Article 73 If the tenderer of a project that must be tendered according to law falls under any of the following circumstances, the relevant administrative supervision department shall order them to make corrections and may impose a fine of less than 10 ‰ of the winning project amount; Those who cause losses to others shall be liable for compensation in accordance with the law; Punish the directly responsible supervisors and other directly responsible personnel of the unit in accordance with the law:

（1） Failure to issue a notification of award without justifiable reasons;

（2） Failure to determine the winning bidder in accordance with regulations;

（3） Change the winning bid result without justifiable reasons after the issuance of the winning notice;

（4） Not entering into a contract with the winning bidder without justifiable reasons;

（5） Propose additional conditions to the winning bidder when entering into the contract.

Article 74 If the winning bidder fails to enter into a contract with the tenderer without justifiable reasons, proposes additional conditions to the tenderer at the time of signing the contract, or fails to submit a performance bond in accordance with the requirements of the tender documents, its qualification for winning the bid shall be cancelled, and the bid bond shall not be refunded. The winning bidder of a project that must be tendered according to law shall be ordered by the relevant administrative supervision department to make corrections and may be fined up to 10 ‰ of the winning project amount.

Article 75 If the tenderer and the winning bidder fail to enter into a contract in accordance with the tender documents and the winning bidder's bidding documents, or if the main terms of the contract are inconsistent with the contents of the tender documents and the winning bidder's bidding documents, or if the tenderer and the winning bidder enter into an agreement that deviates from the substantive content of the contract, the relevant administrative supervision department shall order them to make corrections and may impose a fine of not less than 5 ‰ but not more than 10 ‰ of the winning project amount.

Article 76 If the winning bidder transfers the winning project to others, divides the winning project into parts and transfers them separately to others, violates the provisions of the Tendering and Bidding Law and these Regulations by subcontracting part of the main body and key work of the winning project to others, or if the subcontractor subcontracts again, the transfer or subcontracting shall be invalid and a fine of not less than 5 ‰ but not more than 10 ‰ of the transferred or subcontracted project amount shall be imposed; If there are illegal gains, they shall be confiscated; May be ordered to suspend business for rectification; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.

Article 77 If a bidder or other interested party fabricates facts, forges materials, or obtains proof materials through illegal means to file a complaint and causes losses to others, they shall bear compensation liability in accordance with the law.

If the tenderer fails to respond to objections in accordance with regulations and continues with bidding activities, the relevant administrative supervision department shall order correction. If the tenderer refuses to correct or cannot correct and affects the winning bid result, it shall be dealt with in accordance with the provisions of Article 81 of these Regulations.

Article 78 The state shall establish a bidding and tendering credit system. The relevant administrative supervision departments shall, in accordance with the law, announce the administrative penalty decisions for illegal acts committed by the tenderer, bidding agency, bidders, members of the evaluation committee and other parties.

Article 79 If the project approval and verification department fails to approve or verify the scope, method, and organizational form of the project bidding in accordance with the law, the directly responsible person in charge and other directly responsible personnel of the unit shall be punished in accordance with the law.

If the administrative supervision department fails to perform its duties in accordance with the law, fails to investigate and punish behaviors that violate the provisions of the Tendering and Bidding Law and these Regulations, or fails to handle complaints in accordance with regulations, or fails to announce administrative decisions on illegal behaviors of the parties involved in tendering and bidding in accordance with the law, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law.

If the staff of the project approval and approval departments and relevant administrative supervision departments engage in favoritism, abuse of power, or neglect of duty, which constitutes a crime, they shall be held criminally responsible in accordance with the law.

Article 80 State officials who take advantage of their positions to illegally interfere with bidding activities in any way, directly or indirectly, explicitly or implicitly, shall be given a demerit or a major demerit in accordance with the law if they fall under any of the following circumstances:; For serious cases, demotion or dismissal shall be imposed in accordance with the law; If the circumstances are particularly serious, dismissal shall be imposed in accordance with the law; If a crime is committed, criminal responsibility shall be pursued in accordance with the law:

（1） Request not to tender for projects that must be tendered according to law, or request not to tender for projects that should be tendered publicly according to law;

（2） Require members of the evaluation committee or the tenderer to designate their designated bidder as the candidate or bidder for winning the bid, or illegally interfere with the evaluation activities in other ways, affecting the winning bid results;

（3） Illegally interfering with bidding activities in other ways.

Article 81 If the bidding activities of a project that must be tendered according to law violate the provisions of the Tendering and Bidding Law and these Regulations, have a substantial impact on the winning bid results, and cannot be corrected by remedial measures, the bidding, tendering, and winning bid shall be invalid, and a new bidding or evaluation shall be conducted in accordance with the law.

Chapter 7 Supplementary Provisions

Article 82 The Tendering and Bidding Association shall carry out activities in accordance with its articles of association formulated in accordance with the law, strengthen industry self-discipline and services.

Article 83 If there are other provisions in the laws and administrative regulations on government procurement regarding the bidding and tendering of goods and services, such provisions shall prevail.

Article 84 This regulation shall come into effect on February 1, 2012.