1. The Public Tendering and Bidding （招投标） Law of the People's Republic of China Effective since January 1, 2000

2. Contents of this law: 6 Chapters and 68 Articles 6 Chapters and 68 Articles Chapter 1. General Principles （ 1-7 Articles ） Chapter 1. General Principles （ 1-7 Articles ） Chapter 2. Invitation To Bid （ 8-24 Articles ） Chapter 2. Invitation To Bid （ 8-24 Articles ） Chapter 3. Bidding （ 25-33 Articles ） Chapter 3. Bidding （ 25-33 Articles ） Chapter 4. Opening And Evaluation Of Bids Chapter 4. Opening And Evaluation Of Bids and Selection Of Winning Bids （ 34-48 Articles ） and Selection Of Winning Bids （ 34-48 Articles ） Chapter 5. Legal Responsibilities （ 49-64 Articles ） Chapter 5. Legal Responsibilities （ 49-64 Articles ） Chapter 6. Supplementary Articles （ 65-68 Articles ） Chapter 6. Supplementary Articles （ 65-68 Articles ）

3. Chapter 1 General Principles （总则） （ 7 articles ） The goal of this law The goal of this law Application Application Competitive bidding Competitive bidding Principles Principles No restriction No restriction Supervision Supervision

4. This Law is formulated to: 1. regularize activities of competitive bidding （招投 标） ; 2. in order to safeguard the national interest, public interest, and the legitimate rights and interests of parties to competitive bidding and 3. to ensure project quality. The Goals of the Law Article 1.

5. This Law is applicable to all activities of competitive bidding carried out inside the People's Republic of China This Law is applicable to all activities of competitive bidding carried out inside the People's Republic of China The Application of the Law Article 2.

6. Competitive bidding shall be conducted for the survey （勘察）, design （设计）, construction （施工）, and oversight （监理） of the following construction projects as well as the procurement of important equipment and materials for such projects: Competitive bidding shall be conducted for the survey （勘察）, design （设计）, construction （施工）, and oversight （监理） of the following construction projects as well as the procurement of important equipment and materials for such projects: 1. Large infrastructure projects and public utility projects that concern public interest and safety; 2. Projects for which financing comes entirely or partially from state- owned investment funds （国有资金投资） or state-gathered funds ( 国家融资 ); 3. Projects for which loans （贷款） or aid money （援助资金） from international organizations or foreign governments are used. Project for Competitive bidding Article 3.

7. No unit or individual shall evade competitive bidding on a project that is subject to competitive bidding according to law by dismembering （化整为零） the project or by any other means. No unit or individual shall evade competitive bidding on a project that is subject to competitive bidding according to law by dismembering （化整为零） the project or by any other means. Article 4.

8. Competitive bidding shall be carried out under the principles of openness, fairness, justice, honesty and credit worthiness （公开、公平、公正、诚实、信用）. Competitive bidding shall be carried out under the principles of openness, fairness, justice, honesty and credit worthiness （公开、公平、公正、诚实、信用）. The principles of Competitive Bidding Article 5.

9. Competitive bidding activities on projects subject to competitive bidding according to law shall be subject to no regional or departmental restrictions （不受地区 或者部门的限制）. No unit or individual shall illegally exclude legal persons or other organizations from outside its or his region or system from making bids, nor shall it or he illegally interfere with competitive bidding activities in any other way. Competitive bidding activities on projects subject to competitive bidding according to law shall be subject to no regional or departmental restrictions （不受地区 或者部门的限制）. No unit or individual shall illegally exclude legal persons or other organizations from outside its or his region or system from making bids, nor shall it or he illegally interfere with competitive bidding activities in any other way. no regional or departmental restrictions Article 6.

10. Competitive bidding activities and parties shall comply with supervision carried out according to law. Competitive bidding activities and parties shall comply with supervision carried out according to law. administrative supervision departments （行政监督部门 ） Article 7. The relevant administrative supervision departments （行政监督部门 ） shall investigate illegal conduct （违法行为 ） in competitive bidding activities according to law and take actions accordingly. The relevant administrative supervision departments （行政监督部门 ） shall investigate illegal conduct （违法行为 ） in competitive bidding activities according to law and take actions accordingly.

11. Questions to the general principles 1. What construction projects shall be conducted through competitive bidding? 2. The principles of the competitive bidding?

12. Chapter 2 Invitation to Bid ( 招标 ) （ 17 articles) The persons who invite tenders The persons who invite tenders Bidding agency Bidding agency Invitation to bid { Invitation to bid { Bid Documents Bid Documents Public notices Special requests

13. 1. shall be legal persons （法人） or other organizations 2. have proposed （提出） projects for competitive bidding 3. will execute （执行） competitive bidding The persons who invite tenders （招标人） Article 8.

14. 1. Proposals for competitive bid projects that are subject to project approval procedures according to the relevant rules shall be submitted according to prescribed procedures to get approval. 2. The person who invites tenders shall have secured the funds for the bid project or have established sources of funds for the project and shall truthfully state the facts in the bid documents. Approval and funds （审批与资金） Article 9.

15. Public Notices and Special Invitation 公开招标和邀请招标 public notices special invitation public notices special invitation （公开招标） （邀请招标） （公开招标） （邀请招标） Invitation to Bid （招标） unspecified （不特定的） legal persons or other organizations. written requests （投标邀请书） to invite bids from specified （特定的） legal persons or other organizations. Article 10

16. national key project local key project （国家重点项目）（地方重点项目） （国家重点项目） （地方重点项目） Article 11. the development planning departments of the State Council the people's government of a province, autonomous region, or municipality directly under central government jurisdiction special requests （邀请招标）

17. The persons who invite tenders are entitled to select, independently, bidding agencies （招标 代理机构） that will be authorized to execute bidding operations. The persons who invite tenders are entitled to select, independently, bidding agencies （招标 代理机构） that will be authorized to execute bidding operations. Execution of Bidding Operation （招标 ） Article 12. Persons inviting tenders who possess the professional capability for preparing bid documents( 编 制招标文件 ) and organizing bid evaluations( 组织评标能 力 ) can execute bidding operations （自行办理招标事 宜）.

18.  Bidding agency is a social intermediary organization （社会中介组织 ) ， established according to law, will execute bidding operations and provide relevant services, shall have the following qualifications : 1. business location and funds( 营业场所和相应资金 ) ; 2. Having the professional capability for preparing bid documents and organizing bid evaluations; 3. Having a pool of technical, economic, and other experts （技术、经济专家库 ). Bidding Agencies and Qualifications Article 13

19. A bidding agency in charge of bidding operations for a construction project shall have been qualified by the State Council or the construction administration department （建设 行政管理部门） of the people's government of a province, autonomous region, or municipality directly under central government jurisdiction. A bidding agency in charge of bidding operations for a construction project shall have been qualified by the State Council or the construction administration department （建设 行政管理部门） of the people's government of a province, autonomous region, or municipality directly under central government jurisdiction. There shall be no supervisory-subordinate relationship or any other interest relationship between bidding agencies and administrative departments or other government departments （注：招标代理机构与行政机关和其他国家机关不得存 在隶属关系或者其他利益关系） There shall be no supervisory-subordinate relationship or any other interest relationship between bidding agencies and administrative departments or other government departments （注：招标代理机构与行政机关和其他国家机关不得存 在隶属关系或者其他利益关系） A bidding agency Qualified 资格认定 Article 14.

20. Bidding agencies shall execute bidding operations according to rules set by the person who invites tenders, and shall follow provisions on bid solicitation by the person who invites tenders in this Law. Bidding agencies shall execute bidding operations according to rules set by the person who invites tenders, and shall follow provisions on bid solicitation by the person who invites tenders in this Law. Bidding Agencies – execute bidding operations 招标代理进行招标 Article 15.

21. The notice soliciting bids shall be published in state-designated （国家指 定 ） newspapers, periodicals, information networks, or other media. The notice soliciting bids shall be published in state-designated （国家指 定 ） newspapers, periodicals, information networks, or other media. Issue of bid solicitation notice Issue of bid solicitation notice （招标公告） Article 16. shall contain such information as the name and address of the person who invites tenders, the nature, quantity, execution location and time, and ways to obtain the bid documents. shall contain such information as the name and address of the person who invites tenders, the nature, quantity, execution location and time, and ways to obtain the bid documents.

22. When using the special request method, the person who invites tenders shall send bid request letters （投标 邀请书） to at least three selected legal persons or other organizations that have the capability to execute the bid project and good credit standing （资信良好）. When using the special request method, the person who invites tenders shall send bid request letters （投标 邀请书） to at least three selected legal persons or other organizations that have the capability to execute the bid project and good credit standing （资信良好）. Bid request letters shall contain the information listed in Article 16, paragraph 2, of this Law. Bid request letters shall contain the information listed in Article 16, paragraph 2, of this Law. bid request letters （投标邀请书） Article 17. the name and address of the person who invites tenders, the nature, quantity, execution location and time, and ways to obtain the bid documents. the name and address of the person who invites tenders, the nature, quantity, execution location and time, and ways to obtain the bid documents.

23. Based on the requirements of the bid project, the person who invites tenders may, in its bid solicitation notice or bid request letters, Based on the requirements of the bid project, the person who invites tenders may, in its bid solicitation notice or bid request letters, 1. request potential bidders to provide: (1)relevant qualification certification documents( 资质证明文件 ), (2) information on their business performance( 业绩情况 ) 2. carry out verification of those qualifications 3. shall not apply unreasonable requirements to restrict or exclude any potential bidder or give discriminatory treatment to any potential bidder. Requests to potential bidders Article 18.

24. 1. technical specifications ( 技术规范 )of the bid project 2. all substantive requirements and conditions （实质性 要求和条件 ） regarding such things as criteria for verifying bidders ’ qualifications （资格审查的标准） 3. requirements on bid prices （报价要求） 4. evaluation criteria （评标标准） 5. the main provisions of the contract （合同的主要条款） to be concluded. The bid documents ( 招标文件 ) Article 19.

25. The bid documents shall not ask for （要求） or name （标明） any specific producer （生产商） or supplier （供应商） or contain other means of favoring or excluding any potential bidder. The bid documents shall not ask for （要求） or name （标明） any specific producer （生产商） or supplier （供应商） or contain other means of favoring or excluding any potential bidder. Article 20.

26. In view of specific circumstances of the bid project, the person who invites tenders may arrange for potential bidders to inspect the project site. In view of specific circumstances of the bid project, the person who invites tenders may arrange for potential bidders to inspect the project site. inspect the project site 踏勘项目现场 Article 21.

27. 1. The person who invites tenders shall not disclose （透漏） the names and number of potential bidders that have obtained bid documents, or other bidding information that may affect fair competition. 2. The person who invites tenders shall keep the base price ( 标底 ) secret if a base price has been established. Keep secret Article 22.

28. To make necessary clarifications on or revisions ( 必要的 澄清和修改 ) of the bid documents already distributed, the person who invites tenders shall notify, in writing, all recipients of the bid documents （招标文件收受人） at least 15 days before the deadline( 截止时间） for submitting bids （提交投标文件） as required by the bid documents. To make necessary clarifications on or revisions ( 必要的 澄清和修改 ) of the bid documents already distributed, the person who invites tenders shall notify, in writing, all recipients of the bid documents （招标文件收受人） at least 15 days before the deadline( 截止时间） for submitting bids （提交投标文件） as required by the bid documents. clarifications or revisions ( 必要的澄清和修改 ) Article 23.

29. The person who invites tenders shall determine the reasonable amount of time necessary for bidders to prepare bids The person who invites tenders shall determine the reasonable amount of time necessary for bidders to prepare bids However, for a project subject to bidding according to law, the period from sending out the bid documents to submission of bids by bidders shall be no shorter than 20 days. However, for a project subject to bidding according to law, the period from sending out the bid documents to submission of bids by bidders shall be no shorter than 20 days. reasonable amount of time necessary for bidders to prepare bids 编制投标文件所需要的合理时间 Article 24.

30. Questions to bid invitation: The persons who invite tenders? The persons who invite tenders? Bidding agency? Bidding agency? Invitation to bid methods? Invitation to bid methods? Bid Document contents? Bid Document contents?