Decree No. 87 of the Ministry of Finance of the People's Republic of China on the Administration of Bidding for Government Procurement of Goods and Services

Ministry of Finance of the People's Republic of China

Ministry of Finance Order 87

　　The Ministry of Finance has revised the Measures for the Administration of Bidding for Government Procurement of Goods and Services (Decree No. 18 of the Ministry of Finance), and the revised Measures for the Administration of Government Procurement of Goods and Services Bidding and Bidding have been reviewed and adopted at the ministerial meeting. It is hereby promulgated and shall come into force as of October 1, 2017.

　　Minister Xiao Jie

July 11, 2017

Chapter 1 General provisions

Article 1 In order to regulate the procurement behavior of the parties involved in government procurement, strengthen the supervision and management of government procurement goods and services bidding activities, safeguard national interests, social public interests, and the legitimate rights and interests of the parties involved in government procurement bidding activities, this method is formulated in accordance with the Government Procurement Law of the People's Republic of China (hereinafter referred to as the Government Procurement Law), the Implementation Regulations of the Government Procurement Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations of the Government Procurement Law), and other relevant laws and regulations.

Article 2 These Measures apply to the bidding and tendering activities for government procurement of goods and services (hereinafter referred to as "goods and services") conducted within the territory of the People's Republic of China.

Article 3 Tendering for goods and services is divided into open tendering and invitation tendering.

Public bidding refers to the procurement method in which the purchaser invites non-specific suppliers to participate in bidding through bidding notices in accordance with the law.

Invitation for bidding refers to the procurement method in which the purchaser randomly selects three or more suppliers from those who meet the corresponding qualification conditions in accordance with the law, and invites them to participate in bidding through a bidding invitation letter.

Article 4 For government procurement projects that belong to local budgets, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may determine the amount standards applicable to public bidding at the provincial, district level, and county-level levels in their respective administrative regions based on actual situations.

Article 5 The purchaser shall implement government procurement policies such as energy conservation, environmental protection, support for underdeveloped areas and ethnic minority areas, and promotion of the development of small and medium-sized enterprises in the bidding and tendering activities for goods and services.

Article 6 The purchaser shall establish and improve the internal control system of government procurement in accordance with the requirements of the internal control norms of administrative institutions, and strengthen internal control management in key links such as preparing government procurement budgets and implementation plans, determining procurement needs, organizing procurement activities, performance acceptance, responding to inquiries and doubts, cooperating with complaint handling, and supervision and inspection.

The purchaser shall not request or accept gifts, rebates, or other goods or services unrelated to the procurement from the supplier.

Article 7 The purchaser shall determine the attributes of the procurement project in accordance with the "Classification Catalogue of Government Procurement Items" formulated by the Ministry of Finance. If it cannot be determined according to the Classification Catalogue of Government Procurement Items, it shall be determined based on the principle of facilitating the implementation of the procurement project.

Article 8 If the purchaser entrusts a procurement agency to act as an agent for bidding, the procurement agency shall carry out procurement activities within the scope entrusted by the purchaser in accordance with the law.

Procurement agencies and their branches shall not bid or act as agents for bidding in the procurement projects they represent, and shall not provide bidding consultation for bidders of the procurement projects they represent to participate in this project.

Chapter 2 Bidding

Article 9 For government procurement projects that are not included in the centralized procurement catalog, the purchaser may conduct bidding on their own or entrust a procurement agency to conduct bidding within the scope of the commission.

If the purchaser organizes bidding activities on their own, they shall meet the following conditions:

（1） Ability and conditions to prepare bidding documents and organize bidding;

（2） There are professionals who are suitable for the professionalism of the procurement project.

Article 10 The purchaser shall conduct market research on the market technology or service level, supply, price, etc. of the procurement subject matter, scientifically and reasonably determine the procurement demand based on the investigation results, asset allocation standards, etc., and conduct price calculations.

Article 11 Procurement requirements shall be complete and clear, including the following:

（1） The functions or objectives that the procurement subject needs to achieve, as well as the requirements that need to be met to implement government procurement policies;

（2） The relevant national standards, industry standards, local standards or other standards and specifications that need to be implemented for the procurement subject matter;

（3） The quality, safety, technical specifications, physical characteristics, and other requirements that the procurement subject must meet;

（4） The quantity of the procurement subject matter, the time and place of delivery or implementation of the procurement project;

（5） The service standards, deadlines, efficiency, and other requirements that the procurement subject must meet;

（6） Acceptance criteria for the procurement subject matter;

（7） Other technical and service requirements for the procurement subject matter.

Article 12 The purchaser may reasonably set a maximum price limit within the procurement budget based on price calculations, but shall not set a minimum price limit.

Article 13 The public bidding announcement shall include the following main contents:

（1） The name, address, and contact information of the purchaser and its authorized procurement agency;

（2） If the name and budget amount of the procurement project are set with a maximum price limit, the maximum price limit should also be publicly disclosed;

（3） The procurement needs of the purchaser;

（4） Qualification requirements for bidders;

（5） The time limit, location, method, and price of obtaining the bidding documents;

（6） Announcement deadline;

（7） Bid submission deadline, bid opening time and location;

（8） Name and phone number of the contact person for the procurement project.

Article 14 If the invitation to bid method is adopted, the purchaser or procurement agency shall generate a list of qualified suppliers through the following methods, and randomly select three or more suppliers from them to issue bidding invitations to them:

（1） Publish pre qualification announcement solicitation;

（2） Select from the supplier database established by the finance department of the people's government at or above the provincial level (hereinafter referred to as the finance department);

（3） Written recommendation from the purchaser.

If the first method of the preceding paragraph is used to generate a list of qualified suppliers, the purchaser or procurement agency shall conduct pre qualification of potential bidders in accordance with the standards and methods specified in the pre qualification documents.

If the first, second, or third method is used to generate a list of qualified suppliers, the total number of alternative qualified suppliers shall not be less than twice the total number of suppliers to be randomly selected.

Random selection refers to selecting suppliers through methods such as drawing lots that ensure equal opportunities for all eligible suppliers. When randomly selecting suppliers, there should be no less than two staff members of the purchaser present to supervise and form a written record, which should be archived together with the procurement documents.

The invitation to bid should be sent to all invited suppliers simultaneously.

Article 15 The pre qualification announcement shall include the following main contents:

（1） The contents of items 1-4, 6, and 8 of Article 13 of these Measures;

（2） The time limit, location, and method for obtaining the pre qualification documents;

（3） The deadline, location, and pre qualification date for submitting pre qualification application documents.

Article 16 The announcement period for bidding notices and pre qualification notices is 5 working days. The content of the announcement shall be based on the announcement published by the designated media of the provincial or above finance department. The announcement period shall be calculated from the date when the designated media of the provincial or above finance department first publishes the announcement.

Article 17 Procuring parties and procurement agencies shall not use the registered capital, total assets, operating income, employees, profits, tax payments, and other scale conditions of bidders as qualification requirements or evaluation factors, nor shall they discriminate or treat bidders differently by using authorization, commitment, certification, endorsement, and other qualifications of manufacturers other than imported goods.

Article 18 The purchaser or procurement agency shall provide the bidding documents or pre qualification documents at the time and place specified in the bidding announcement, pre qualification announcement, or bid invitation letter. The deadline for providing the documents shall not be less than 5 working days from the date of publication of the bidding announcement or pre qualification announcement. If there are less than three potential bidders who have obtained the bidding documents or pre qualification documents after the deadline for submission expires, the deadline for submission can be extended and announced.

For open bidding for pre qualification, the bidding announcement and pre qualification announcement can be published together, and the bidding documents should be provided to all suppliers who have passed the pre qualification.

Article 19 The purchaser or procurement agency shall, in accordance with the implementation requirements of the procurement project, specify in the bidding announcement, pre qualification announcement, or bid invitation whether to accept consortium bidding. If not specified, the consortium bidding shall not be rejected.

Article 20 The purchaser or procurement agency shall prepare the bidding documents based on the characteristics and procurement needs of the procurement project. The bidding documents shall include the following main contents:

（1） Invitation for Bids;

（2） Notice to Bidders (including requirements for sealing, signing, and stamping of bidding documents);

（3） The qualification and credit certification documents that bidders should submit;

（4） To implement government procurement policies, the requirements that procurement targets must meet, as well as the proof materials that bidders must provide;

（5） Requirements for the preparation of bidding documents, bidding quotation requirements, payment and refund methods of bid security, and situations where bid security will not be refunded;

（6） If the budget amount of the procurement project is set with a maximum price limit, the maximum price limit should also be publicly disclosed;

（7） The technical specifications, quantities, service standards, acceptance requirements, etc. of the procurement project, including attachments, drawings, etc;

（8） The proposed contract text to be signed;

（9） The time, place, and method of providing goods and services;

（10） Payment method, time, and conditions for procurement funds;

（11） Evaluation methods, evaluation criteria, and situations of invalid bids;

（12） Bid validity period;

（13） Bid submission deadline, bid opening time and location;

（14） The collection standards and methods of agency fees for procurement agencies;

（15） The channels and deadlines for bidder credit information inquiry, specific methods for credit information inquiry records and evidence retention, rules for the use of credit information, etc;

（16） Other matters stipulated by financial departments at or above the provincial level.

For substantive requirements and conditions that are not allowed to deviate, the purchaser or procurement agency shall specify them in the bidding documents and prominently indicate them.

Article 21 The purchaser or procurement agency shall prepare pre qualification documents based on the characteristics and procurement needs of the procurement project. The pre qualification documents should include the following main contents:

（1） Pre qualification invitation;

（2） Notice to Applicants;

（3） Qualification requirements for applicants;

（4） Qualification review standards and methods;

（5） The content and format of the pre qualification application documents that the applicant should provide;

（6） The method, deadline, location, and qualification review date for submitting pre qualification application documents;

（7） The applicant's credit information inquiry channels and deadlines, specific methods for credit information inquiry records and evidence retention, rules for the use of credit information, etc;

（8） Other matters stipulated by financial departments at or above the provincial level.

The pre qualification documents shall be provided free of charge.

Article 22 Procuring parties and procurement agencies generally shall not require bidders to provide samples, except in special circumstances where the procurement requirements cannot be accurately described in writing alone or subjective judgments need to be made on the samples to confirm whether they meet the procurement requirements.

If bidders are required to provide samples, the standards and requirements for sample production, whether relevant testing reports need to be submitted with the samples, the evaluation methods for the samples, and the evaluation criteria should be clearly specified in the bidding documents. If it is necessary to submit a testing report along with the sample, the requirements and testing content of the testing institution should also be specified.

After the procurement activity is completed, samples provided by unsuccessful bidders should be promptly returned or disposed of by themselves with the consent of unsuccessful bidders; The samples provided by the winning bidder shall be kept and sealed in accordance with the provisions of the bidding documents, and used as a reference for performance acceptance.

Article 23 The validity period of a bid shall be calculated from the deadline for submitting the bid documents. The bid validity period promised in the bidding documents shall not be less than the bid validity period specified in the bidding documents. If a bidder withdraws the bid documents during the validity period of the bid, the purchaser or procurement agency may not refund the bid security deposit.

Article 24 The selling price of bidding documents shall be determined in accordance with the principle of compensating for production and mailing costs, and shall not be for the purpose of profit, nor shall the bidding procurement amount be used as the basis for determining the selling price of bidding documents.

Article 25 The contents of bidding documents and pre qualification documents shall not violate laws, administrative regulations, mandatory standards, government procurement policies, or violate the principles of openness, transparency, fair competition, impartiality, and good faith.

If the circumstances specified in the preceding paragraph affect the bidding or pre qualification results of potential bidders, the purchaser or procurement agency shall modify the bidding documents or pre qualification documents and re tender.

Article 26 The purchaser or procurement agency may organize on-site inspections of potential bidders who have obtained the bidding documents or hold pre bid Q&A meetings after the deadline for providing the bidding documents.

Organizing on-site inspections or holding Q&A meetings shall be specified in the bidding documents, or notified in writing to all potential bidders who have obtained the bidding documents after the deadline for providing the bidding documents.

Article 27 The purchaser or procurement agency may make necessary clarifications or modifications to the tender documents, pre qualification documents, and invitation to bid that have been issued, but shall not change the subject matter and qualification conditions of the procurement. Clarification or modification shall be published in the original announcement media. The clarified or modified content is an integral part of the bidding documents, pre qualification documents, and invitation to bid.

If the clarification or modification may affect the preparation of the bidding documents, the purchaser or procurement agency shall notify all potential bidders who have obtained the bidding documents in writing at least 15 days before the bidding deadline; If it is less than 15 days, the purchaser or procurement agency shall extend the deadline for submitting the bidding documents.

If the clarification or modification may affect the preparation of the pre qualification application documents, the purchaser or procurement agency shall notify all potential bidders who have obtained the pre qualification application documents in writing at least 3 days before the deadline for submitting the pre qualification application documents; If it is less than 3 days, the purchaser or procurement agency shall extend the deadline for submitting the pre qualification application documents.

Article 28 Prior to the deadline for submission of bids, the purchaser, procurement agency, and relevant personnel shall not disclose to others the names, quantities, and other information related to bidding that may affect fair competition of potential bidders who have obtained the bidding documents.

Article 29 Procuring parties and procurement agencies shall not terminate bidding activities without authorization after issuing bidding notices, pre qualification notices, or invitation for bids, except for the cancellation of procurement tasks due to major changes.

If the bidding is terminated, the purchaser or procurement agency shall promptly publish a termination notice on the original announcement media, notify potential bidders who have obtained the bidding documents, pre qualification documents or been invited in writing, and report the project implementation situation and reasons for canceling the procurement task to the local finance department. If the bidding document fee or bid security deposit has already been collected, the purchaser or procurement agency shall return the collected bidding document fee, bid security deposit and the interest generated in the bank within 5 working days after terminating the procurement activity.

Chapter 3 Bidding　

Article 30 A bidder refers to a legal person, other organization, or natural person who responds to bidding or participates in bidding competition.

Article 31 For procurement projects using the lowest evaluated price method, if different bidders who provide products of the same brand participate in bidding under the same contract, the bidder who passes the qualification review, conformity review, and has the lowest quotation shall participate in the evaluation; If the quotations are the same, the purchaser or the purchaser entrusts the evaluation committee to determine a bidder to participate in the evaluation in accordance with the provisions of the bidding documents. If the bidding documents do not specify, a random selection method shall be used to determine, and other bids shall be invalid.

For procurement projects using the comprehensive scoring method, if different bidders who provide products of the same brand and have passed qualification and compliance reviews participate in bidding under the same contract, they will be counted as one bidder. The bidder of the same brand with the highest score after evaluation will be recommended as the winning bidder; If the evaluation scores are the same, the purchaser or the evaluation committee commissioned by the purchaser shall determine a bidder to be recommended as the winning bidder in accordance with the provisions of the bidding documents. If the bidding documents do not specify, a random selection method shall be used to determine, and other bidders of the same brand shall not be selected as the winning candidates.

For non single product procurement projects, the purchaser shall reasonably determine the core products based on the technical composition and product price proportion of the procurement project, and specify them in the bidding documents. If multiple bidders provide the same core product brand, it shall be handled according to the provisions of the first two clauses.

Article 32 Bidders shall prepare their bidding documents in accordance with the requirements of the bidding documents. The bidding documents should provide clear responses to the requirements and conditions proposed in the bidding documents.

Article 33 Bidders shall seal and deliver their bid documents to the bidding location before the deadline for submission of bid documents as required by the bidding documents. After receiving the bidding documents, the purchaser or procurement agency shall truthfully record the delivery time and sealing situation of the bidding documents, sign and store them, and issue a receipt to the bidder. No unit or individual shall open the bidding documents before the bid opening.

Bids that are delivered late or not sealed according to the requirements of the bidding documents shall be rejected by the purchaser or procurement agency.

Article 34 Bidders may supplement, modify or withdraw their submitted bidding documents before the deadline for submission of bids, and notify the purchaser or procurement agency in writing. The supplementary and modified content shall be signed, stamped, and sealed in accordance with the requirements of the bidding documents, and shall be considered as an integral part of the bidding documents.

Article 35 If a bidder intends to subcontract non essential and non critical work of the winning project after winning the bid in accordance with the provisions of the bidding documents and the actual situation of the procurement project, it shall specify the subcontractor in the bidding documents. The subcontractor shall have the corresponding qualification conditions and shall not subcontract again.

Article 36 Bidders shall follow the principle of fair competition, shall not collude maliciously, shall not obstruct the competitive behavior of other bidders, and shall not harm the legitimate rights and interests of the purchaser or other bidders.

If a bidder is found to have the above-mentioned situation during the evaluation process, the evaluation committee shall determine that their bid is invalid and report it in writing to the local finance department.

Article 37 In any of the following circumstances, it shall be deemed that bidders colluded in bidding and their bids shall be invalid:

（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 or contact persons 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 38 If a bidder withdraws its submitted bid documents before the deadline for submission of bids, the purchaser or procurement agency shall, within 5 working days from the date of receipt of the bidder's written withdrawal notice, refund the bid security already collected, except for cases where the bidder is unable to refund it in a timely manner due to its own reasons.

The purchaser or procurement agency shall return the bid security of unsuccessful bidders within 5 working days from the date of issuance of the winning bid notification, and return the bid security of the winning bidder or convert it into the performance security of the winning bidder within 5 working days from the date of signing the procurement contract.

If the purchaser or procurement agency returns the bid bond after the deadline, it shall not only return the principal of the bid bond, but also pay the overdue fund occupancy fee at the interest rate after the benchmark loan interest rate of the People's Bank of China rises by 20% over the same period, except for those that cannot be returned in time due to the bidder's own reasons.

Chapter IV Bid opening and evaluation　　

Article 39 The bid opening shall be conducted at the same time as the deadline for submission of bid documents determined in the bidding documents. The place of bid opening shall be the location predetermined in the bidding documents.

The purchaser or procurement agency shall conduct full audio and video recording of the on-site activities of bid opening and evaluation. The audio and video recordings should be clear and distinguishable, and the audiovisual materials should be archived together as procurement documents.

Article 40 The opening of bids shall be presided over by the purchaser or procurement agency, and bidders shall be invited to participate. Members of the bid evaluation committee are not allowed to participate in the bid opening activities.

Article 41 During the bid opening, the sealing of the bidding documents shall be inspected by the bidders or their elected representatives; After confirmation of accuracy, the purchaser or staff of the procurement agency shall publicly open the package and announce the name of the bidder, the bid price, and other contents required to be announced in the bidding documents.

If there are less than three bidders, the bid opening shall not be conducted.

Article 42 The process of bid opening shall be recorded by the purchaser or procurement agency, and shall be signed and confirmed by representatives of all bidders and relevant personnel participating in the bid opening, and then archived together with the procurement documents.

If the bidder's representative has doubts about the bid opening process and bid opening records, or believes that there are situations where the purchaser or relevant personnel of the procurement agency need to recuse themselves, they should make inquiries or recusal requests on site. The purchaser and procurement agency shall promptly handle inquiries or recusal requests made by bidders' representatives.

If the bidder does not participate in the bid opening, it shall be deemed as acceptance of the bid opening results.

Article 43 For procurement projects with a public bidding amount standard or above, if there are less than 3 bidders or less than 3 bidders who have passed the qualification or compliance review after the bidding deadline, except for the cancellation of the procurement task, the following measures shall be taken:

（1） If there are unreasonable clauses in the bidding documents or the bidding procedures do not comply with the regulations, the purchaser or procurement agency shall correct them and conduct a new bidding in accordance with the law;

（2） If there are no unreasonable clauses in the bidding documents and the bidding procedures comply with regulations, and other procurement methods need to be used for procurement, the purchaser shall report to the financial department for approval in accordance with the law.

Article 44 After the opening of bids for a public tender procurement project, the purchaser or procurement agency shall review the qualifications of the bidders in accordance with the law.

If there are less than three qualified bidders, the evaluation shall not be conducted.

Article 45 The purchaser or procurement agency shall be responsible for organizing the evaluation of bids and performing the following duties:

（1） Verify the identity of the evaluation experts and the authorization letter from the purchaser's representative, record the performance of the evaluation experts' duties in government procurement activities, and promptly report any illegal or irregular behavior to the finance department;

（2） Announce the bidding discipline;

（3） Publish the list of bidders and inform the evaluation experts of the situations where they should recuse themselves;

（4） The evaluation committee shall elect the evaluation team leader, and the representative of the purchaser shall not serve as the team leader;

（5） Take necessary communication management measures during the evaluation period to ensure that the evaluation activities are not affected by external interference;

（6） Introduce government procurement related policies, regulations, and bidding documents according to the requirements of the evaluation committee;

（7） Maintain the order of evaluation, supervise the evaluation committee to conduct independent evaluations in accordance with the evaluation procedures, methods, and standards stipulated in the bidding documents, and promptly stop and correct the biased remarks or illegal and irregular behaviors of the purchaser's representatives and evaluation experts;

（8） If there are situations stipulated in Article 64 of these Measures for checking the evaluation results, the evaluation committee shall be required to review or provide written reasons. If the evaluation committee refuses, it shall be recorded and reported to the local financial department;

（9） After the completion of the review work, the labor remuneration and travel expenses for remote review shall be paid to the review experts in accordance with regulations, and the labor remuneration for review shall not be paid to personnel other than the review experts;

（10） Handle other matters related to bid evaluation.

The purchaser may explain the project background and procurement requirements before the evaluation, and the content of the explanation shall not contain discriminatory or biased opinions, and shall not exceed the scope stated in the bidding documents. Written materials should be submitted and archived together with the procurement documents.

Article 46 The evaluation committee is responsible for specific evaluation affairs and independently performs the following duties:

（1） Review and evaluate whether the bidding documents meet the substantive requirements of commercial, technical, etc. in the bidding documents;

（2） Request bidders to clarify or explain relevant matters in the bidding documents;

（3） Compare and evaluate the bidding documents;

（4） Determine the list of candidates for winning the bid, and directly determine the winning bidder based on the purchaser's commission;

（5） Report any illegal activities discovered during the evaluation process to the purchaser, procurement agency, or relevant departments.

Article 47 The evaluation committee shall be composed of representatives of the purchaser and evaluation experts, and the number of members shall be an odd number of five or more, among which the number of evaluation experts shall not be less than two-thirds of the total number of members.

If the procurement project meets any of the following conditions, the number of members of the evaluation committee shall be an odd number of 7 or more:

（1） The procurement budget amount is over 10 million yuan;

（2） Technical complexity;

（3） The social impact is significant.

The evaluation experts can only participate in the evaluation of procurement projects of their own units as representatives of the purchaser, except for the circumstances stipulated in Article 48, paragraph 2 of these Measures. Staff members of procurement agencies are not allowed to participate in the evaluation of government procurement projects represented by their own agencies.

The list of members of the evaluation committee shall be kept confidential before the announcement of the evaluation results.

Article 48 The purchaser or procurement agency shall randomly select evaluation experts from the government procurement evaluation expert pool established by the finance department at or above the provincial level.

For procurement projects with complex technology and strong professionalism, if it is difficult to determine suitable evaluation experts through random methods, with the consent of the competent budget unit, the purchaser may independently select evaluation experts in the corresponding professional field.

Article 49 If the composition of the evaluation committee does not comply with the provisions of these Measures due to special reasons such as the absence, recusal, or health of members of the evaluation committee during the evaluation process, the purchaser or procurement agency shall make up for it in accordance with the law and continue the evaluation. The evaluation opinions made by the replaced members of the evaluation committee are invalid.

If the members of the evaluation committee cannot be replenished in a timely manner, the purchaser or procurement agency shall suspend the evaluation activities, seal all bidding documents and opening and evaluation materials, and establish a new evaluation committee in accordance with the law for evaluation. The evaluation opinions made by the original evaluation committee are invalid.

The purchaser or procurement agency shall record the changes or re establishment of the evaluation committee and archive it together with the procurement documents.

Article 50 The evaluation committee shall conduct a conformity review of the bidding documents of qualified bidders to determine whether they meet the substantive requirements of the bidding documents.

Article 51 For content in the bidding documents that is unclear in meaning, inconsistent in expression of similar issues, or has obvious textual and computational errors, the evaluation committee shall request the bidder to make necessary clarifications, explanations, or corrections in writing.

The clarification, explanation or correction of the bidder shall be in writing, stamped with the official seal, or signed by the legal representative or authorized representative. The clarification, explanation or correction of bidders shall not exceed the scope of the bidding documents or change the substantive content of the bidding documents.

Article 52 The evaluation committee shall conduct commercial and technical evaluations, comprehensive comparisons, and evaluations of the bidding documents that have passed the compliance review in accordance with the evaluation methods and standards specified in the bidding documents.

Article 53 The evaluation methods are divided into the lowest evaluation price method and the comprehensive scoring method.

Article 54 The lowest bid evaluation method refers to the evaluation method in which the bidding documents meet all substantive requirements of the bidding documents and the bidder with the lowest bid price is the candidate for winning the bid.

Goods and services projects with unified standards such as technology and services shall adopt the lowest bid evaluation method.

When using the lowest bid evaluation method, except for arithmetic correction and price deductions required to implement government procurement policies, no adjustments can be made to the bidding price of bidders.

Article 55 The comprehensive scoring method refers to the evaluation method in which the bidding documents meet all the substantive requirements of the bidding documents and the bidder with the highest evaluation score based on the quantitative indicators of the evaluation factors is the candidate for winning the bid.

The setting of evaluation factors should be related to the quality of the goods and services provided by the bidder, including bid price, technical or service level, performance ability, after-sales service, etc. Qualification conditions shall not be used as evaluation factors. The evaluation factors should be specified in the bidding documents.

The evaluation factors should be refined and quantified, and correspond to the corresponding business conditions and procurement needs. If there are interval regulations for business conditions and procurement demand indicators, the evaluation factors should be quantified to the corresponding intervals, and different scores should be set for each interval.

During the evaluation process, each member of the evaluation committee shall independently evaluate the bidding documents of each bidder and summarize the scores of each bidder.

The price score of the goods project shall not account for less than 30% of the total score; The price score of service projects shall not account for less than 10% of the total score. Projects that implement national unified pricing standards and adopt fixed price procurement shall not be evaluated based on their prices.

The price score should be calculated using the low price priority method, which means that the bid price that meets the requirements of the bidding documents and has the lowest bid price is the benchmark price for evaluation, and its price score is full marks. The prices of other bidders shall be calculated uniformly according to the following formula:

Bid price score=(evaluation benchmark price/bid price) × 100

Total evaluation score=F1 × A1+F2 × A2+...+Fn × An

F1, F2... Fn are the scores of each evaluation factor;

A1, A2,... An are the weights of each evaluation factor (A1+A2+...+An=1).

During the evaluation process, the highest and lowest bids in the quotation shall not be removed.

For price adjustments due to the implementation of government procurement policies, the adjusted price shall be used to calculate the benchmark price for bid evaluation and the bid price.

Article 56 If the lowest bid evaluation method is adopted, the evaluation results shall be arranged in order of bid price from low to high. Parallel bidding with the same quotation. The bidder who meets all substantive requirements of the bidding documents and has the lowest bid price shall be the first ranked candidate for winning the bid.

Article 57 If the comprehensive scoring method is adopted, the evaluation results shall be arranged in descending order of the scores after evaluation. For those with the same score, they will be arranged in descending order of bidding price. A tie with the same score and bid price. The bidding documents meet all substantive requirements of the bidding documents, and the bidder with the highest evaluation score according to the quantitative indicators of the evaluation factors is the first ranked candidate for winning the bid.

Article 58 The evaluation committee shall prepare an evaluation report based on the original evaluation records and results signed by all evaluation members. The evaluation report shall include the following contents:

（1） The media name, bid opening date, and location published in the bidding announcement;

（2） List of bidders and members of the evaluation committee;

（3） Evaluation methods and standards;

（4） Bid opening records, evaluation status and explanation, including list of invalid bidders and reasons;

（5） The evaluation results, the list of confirmed winning candidates, or the winning bidder directly determined by the purchaser's commission;

（6） Other situations that need to be explained include clarifications, explanations, or corrections made by bidders according to the requirements of the evaluation committee during the evaluation process, as well as the replacement of members of the evaluation committee.

Article 59 If there is any inconsistency in the quotation in the bidding documents, unless otherwise specified in the bidding documents, it shall be corrected in accordance with the following provisions:

（1） If the content of the bid opening schedule (quotation table) in the bidding documents is inconsistent with the corresponding content in the bidding documents, the bid opening schedule (quotation table) shall prevail;

（2） If there is a discrepancy between the capitalized amount and the lowercase amount, the capitalized amount shall prevail;

（3） If there is a significant misplacement of the decimal point or percentage in the unit price amount, the total price in the bid opening schedule shall prevail and the unit price shall be modified;

（4） If the total price is inconsistent with the summarized amount based on the unit price, the calculation result based on the unit price shall prevail.

If two or more inconsistencies occur simultaneously, they shall be corrected in the order specified in the preceding paragraph. The revised quotation shall be binding upon confirmation by the bidder in accordance with the provisions of Article 51, paragraph 2 of these Measures. If the bidder does not confirm, their bid shall be invalid.

Article 60 If the evaluation committee considers that the bidder's quotation is significantly lower than that of other bidders who have passed the conformity review, which may affect product quality or fail to perform in good faith, it shall require them to provide a written explanation within a reasonable time at the evaluation site and, if necessary, submit relevant supporting materials; If the bidder cannot prove the reasonableness of their quotation, the evaluation committee shall treat it as an invalid bid.

Article 61 If there is a dispute among members of the bid evaluation committee regarding matters that need to be jointly determined, a conclusion shall be made in accordance with the principle of minority obeying majority. Members of the evaluation committee who hold different opinions shall sign their dissenting opinions and reasons on the evaluation report, otherwise it shall be deemed that they agree to the evaluation report.

Article 62 The evaluation committee and its members shall not engage in the following behaviors:

（1） Confirm to participate in the bid evaluation and privately contact bidders before the end of the evaluation;

（2） Accept clarifications or explanations from bidders that are inconsistent with the bidding documents, except as provided in Article 51 of these Measures;

（3） Violating the bidding discipline by expressing biased opinions or seeking biased opinions from the purchaser;

（4） Negotiate and score subjective evaluation factors that require professional judgment;

（5） Leaving one's post without authorization during the evaluation process, which affects the normal progress of the evaluation process;

（6） Record, copy or take away any evaluation materials;

（7） Other behaviors that do not comply with the bidding discipline.

If a member of the evaluation committee commits any of the first to fifth acts mentioned in the preceding paragraph, their evaluation opinion shall be invalid, and they shall not be entitled to remuneration for evaluation services or reimbursement of travel expenses for evaluation in other places.

Article 63 If a bidder has any of the following circumstances, the bid shall be invalid:

（1） Failure to submit the bid security deposit in accordance with the provisions of the bidding documents;

（2） The bidding documents are not signed or stamped according to the requirements of the bidding documents;

（3） Not meeting the qualification requirements specified in the bidding documents;

（4） The quotation exceeds the budget amount or the maximum price limit specified in the bidding documents;

（5） The bidding documents contain additional conditions that the purchaser cannot accept;

（6） Other invalid situations stipulated by laws, regulations, and bidding documents.

Article 64 After the summary of the evaluation results is completed, no one shall modify the evaluation results except for the following circumstances:

（1） The score summary calculation is incorrect;

（2） The sub item rating exceeds the range of the scoring criteria;

（3） Members of the evaluation committee have inconsistent ratings on objective evaluation factors;

（4） The evaluation committee has determined that the scores are abnormally high or low.

Before signing the evaluation report, if it is found through review that any of the above situations exist, the evaluation committee shall modify the evaluation results on the spot and record them in the evaluation report; After signing the evaluation report, if the purchaser or procurement agency discovers any of the above situations, they shall organize the original evaluation committee to conduct a re evaluation. If the re evaluation changes the evaluation results, a written report shall be submitted to the local finance department.

If a bidder questions the situation in the first paragraph of this article, the purchaser or procurement agency may organize the original evaluation committee to conduct a re evaluation. If the re evaluation changes the evaluation results, a written report shall be submitted to the local finance department.

Article 65 If the evaluation committee finds that there are ambiguities or significant defects in the bidding documents that prevent the evaluation work from proceeding, or if the content of the bidding documents violates relevant mandatory regulations of the state, the evaluation work shall be stopped, and communication shall be made with the purchaser or procurement agency and a written record shall be made. After confirmation, the purchaser or procurement agency shall modify the bidding documents and reorganize the procurement activities.

Article 66 The purchaser and procurement agency shall take necessary measures to ensure that the evaluation of bids is conducted in strict confidentiality. Except for the representative of the purchaser and the personnel organizing the evaluation site, other staff members of the purchaser and personnel unrelated to the evaluation work are not allowed to enter the evaluation site.

Relevant personnel are responsible for keeping confidential the evaluation results and any state secrets or commercial secrets obtained during the evaluation process.

Article 67 If the evaluation committee or its members have the following circumstances that render the evaluation results invalid, the purchaser or procurement agency may establish a new evaluation committee to conduct the evaluation and report in writing to the local finance department, except for procurement contracts that have already been fulfilled:

（1） The composition of the evaluation committee does not comply with the provisions of these measures;

（2） Those who fall under the first to fifth circumstances of Article 62 of these Measures;

（3） The independent evaluation of bids by the evaluation committee and its members has been illegally interfered with;

（4） Engaging in illegal activities as stipulated in Article 75 of the Implementation Regulations of the Government Procurement Law.

Members of the original evaluation committee who have violated laws and regulations shall not participate in the newly formed evaluation committee.

Chapter 5 Bid winning and contract　

Article 68 The procurement agency shall submit the evaluation report to the purchaser within 2 working days after the evaluation is completed.

The purchaser shall, within 5 working days from the date of receiving the evaluation report, determine the winning bidder in order from the list of candidate bidders determined in the evaluation report. If the candidates for winning the bid are tied, the purchaser or the evaluation committee commissioned by the purchaser shall determine the winning bidder in accordance with the provisions of the bidding documents; If not specified in the bidding documents, it shall be determined by random selection.

If the purchaser organizes the bidding on their own, the winning bidder shall be determined within 5 working days after the evaluation is completed.

If the purchaser fails to determine the winning bidder in the order recommended in the evaluation report within 5 working days after receiving the evaluation report, and cannot provide legal reasons, it shall be deemed that the first ranked winning bidder shall be determined as the winning bidder in the order recommended in the evaluation report.

Article 69 The purchaser or procurement agency shall, within 2 working days from the date of determination of the winning bidder, announce the winning bid results on the media designated by the financial department at or above the provincial level, and the bidding documents shall be announced simultaneously with the winning bid results.

The announcement of the winning bid results shall include the name, address, and contact information of the purchaser and its authorized procurement agency, project name and project number, the name, address, and winning amount of the winning bidder, the name, specifications, quantity, unit price, service requirements of the main winning bid, the deadline for the announcement of the winning bid, and the list of evaluation experts.

The deadline for bidding announcement is one working day.

If the bidding purchaser invites potential bidders who meet the qualifications through written recommendations, the list of all recommended suppliers and their reasons for recommendation should also be announced along with the winning bid results.

At the same time as announcing the winning bid results, the purchaser or procurement agency shall issue a winning bid notification to the winning bidder; Bidders who fail the qualification review shall be informed of the reasons for their failure; If the comprehensive scoring method is used for evaluation, the unsuccessful bidders should also be informed of their own evaluation scores and rankings.

Article 70 After the notification of winning the bid is issued, the purchaser shall not illegally change the winning bid result, and the winning bidder shall not abandon the winning bid without justifiable reasons.

Article 71 The purchaser shall, within 30 days from the date of issuance of the notification of award, sign a written contract with the winning bidder in accordance with the provisions of the bidding documents and the bidding documents of the winning bidder. The signed contract shall not make substantial modifications to the matters determined in the bidding documents and the bidding documents of the winning bidder.

The purchaser shall not make any unreasonable demands on the winning bidder as a condition for signing the contract.

Article 72 Government procurement contracts shall include the names and addresses of the purchaser and the winning bidder, the subject matter, quantity, quality, price or remuneration, performance period, location and method, acceptance requirements, breach of contract liability, dispute resolution methods, and other contents.

Article 73 The purchaser and the winning bidder shall fulfill their contractual obligations in accordance with the provisions of the contract in accordance with the law.

The performance, breach of contract liability, and dispute resolution methods of government procurement contracts shall be governed by the Contract Law of the People's Republic of China.

Article 74 The purchaser shall conduct timely acceptance of the procurement project. The purchaser may invite other bidders or third-party organizations to participate in the acceptance of this project. The opinions of bidders or third-party organizations participating in the acceptance shall be archived as reference materials for the acceptance certificate.

Article 75 The purchaser shall strengthen the performance management of the winning bidder and timely pay the procurement funds to the winning bidder in accordance with the provisions of the procurement contract. For the behavior of the winning bidder violating the provisions of the procurement contract, the purchaser shall promptly handle it and pursue its breach of contract liability in accordance with the law.

Article 76 The purchaser and procurement agency shall establish authentic and complete bidding and procurement archives, and properly preserve the procurement documents for each procurement activity.

Chapter 6 Legal liability　　

Article 77 If the purchaser falls under any of the following circumstances, the financial department shall order it to make corrections within a specified period of time; If the circumstances are serious, a warning shall be given, and the directly responsible person in charge and other directly responsible personnel shall be punished by their administrative department or relevant authorities in accordance with the law, and shall be notified; Those suspected of committing crimes shall be transferred to judicial authorities for handling:

（1） Failure to prepare procurement requirements in accordance with the provisions of these Measures;

（2） Violating the provisions of Article 6, Paragraph 2 of these Measures;

（3） Failure to determine the winning bidder within the specified time;

（4） Making unreasonable demands to the winning bidder as a condition for signing the contract.

Article 78 If the purchaser or procurement agency falls under any of the following circumstances, the financial department shall order them to make corrections within a specified period of time. If the circumstances are serious, a warning shall be given, and the directly responsible person in charge and other directly responsible personnel shall be punished by their administrative department or relevant authorities and notified; If the procurement agency has illegal gains, the illegal gains shall be confiscated and a fine not exceeding three times the illegal gains and a maximum of 30000 yuan may be imposed. If there are no illegal gains, a fine of up to 10000 yuan may be imposed:

（1） Violating the provisions of Article 8, Paragraph 2 of these Measures;

（2） Setting a minimum price limit;

（3） Failure to conduct pre qualification or qualification review in accordance with regulations;

（4） Violating the provisions of these Measures to determine the selling price of bidding documents;

（5） Failure to record and video the entire process of bid opening and evaluation activities in accordance with regulations;

（6） Termination of bidding activities without authorization;

（7） Failure to conduct bid opening and organize bid evaluation in accordance with regulations;

（8） Failure to return the bid security deposit in accordance with regulations;

（9） Violating the provisions of these Measures by re evaluating or re establishing a bid evaluation committee for evaluation;

（10） Disclosing the names, quantities, or other relevant bidding information that may affect fair competition of potential bidders who have obtained the bidding documents before the bid opening;

（11） Failure to properly preserve procurement documents;

（12） Other situations that violate the provisions of these measures.

Article 79 If any of the illegal acts specified in Articles 77 and 78 of these Measures still affect or may affect the winning bid results after correction, they shall be dealt with in accordance with Article 71 of the Implementation Regulations of the Government Procurement Law.

Article 80 If a party involved in government procurement violates the provisions of these Measures and causes losses to others, they shall bear civil liability in accordance with the law.

Article 81 If a member of the evaluation committee engages in any of the behaviors listed in Article 62 of these Measures, the financial department shall order them to rectify within a specified period of time; For serious cases, a warning will be given and their misconduct will be recorded.

Article 82 The financial department shall perform its duties of supervising and managing government procurement in accordance with the law. If the finance department and its staff engage in illegal and disciplinary behaviors such as laziness, abuse of power, dereliction of duty, and favoritism in fulfilling their supervisory and management responsibilities, they shall be held accountable in accordance with relevant national regulations such as the Government Procurement Law, the Civil Servants Law of the People's Republic of China, the Administrative Supervision Law of the People's Republic of China, and the Implementation Regulations of the Government Procurement Law; Those suspected of committing crimes shall be transferred to judicial authorities for handling.

Chapter 7 Supplementary Provisions　

Article 83 Special matters related to electronic bidding and tendering for government procurement of goods and services, as well as bidding and tendering for imported mechanical and electrical products in government procurement of goods, shall be separately stipulated by the Ministry of Finance.

Article 84 The competent budget unit referred to in these Measures refers to the state organs, institutions, and organizations that are responsible for preparing departmental budgets and submitting budgets to the local financial department.

Article 85 If this method stipulates that the period shall be calculated on a daily basis, the starting day shall not be counted and shall be calculated from the next day. If the last day of the deadline falls on a national statutory holiday, it shall be postponed to the day after the holiday as the last day of the deadline.

Article 86 The terms "above", "below", "within", and "within" referred to in these Measures include this number; The term 'deficiency' does not include this number.

Article 87 The financial departments of each province, autonomous region, and municipality directly under the Central Government may formulate specific implementation measures in accordance with these Measures.

Article 88 These Measures shall come into effect on October 1, 2017. The Measures for the Administration of Tendering and Bidding for Government Procurement of Goods and Services (Order No. 18 of the Ministry of Finance) issued by the Ministry of Finance on August 11, 2004, are simultaneously abolished.