The Administrative Measures for the Bidding and Submission of Tendering for
Construction Projects were approved at the 17th executive meeting of the
Ministry on November 6， 1992， and are hereby published， and shall be implemented
as of the date of its publishing
第一章 总 则Chapter I General Principles
第二章 机构与职责Chapter II Organization and Function
第三章 招 标Chapter III Bid Invitation
第四章 标 底Chapter IV Pre-tender Estimate
第五章 投 标Chapter V Tender Submission
第六章 开标 评标 定标Chapter VI Bid Opening， Evaluation and Selection
Article 1. These measures are formulated to suit the needs of the socialist
market economy economic structure， enhance the government's administration of
the bidding and submission of tendering for construction projects to ensure that
developers and construction entities trade and compete on a fair and equal basis
in the building market， to control the construction schedule， ensure quality of
construction， and improve investment efficiency.
Article 2. Bidding and tendering shall be required for all construction projects
invested by any government department， State-owned enterprise or institution，
including those involving new construction， modification， expansion or
technological renovation， with the exception of any special projects in which
bidding is not suitable.
Article 3. Bidding and tendering for construction projects shall be conducted
under the principles of fairness， equal value， compensation and good faith， with
room for competition based on levels of technology and management， social
reputation and reasonable quotation， without any regional or departmental
Article 4. Bidding and tendering for construction is an economic activity
conducted by the parties to construction projects pursuant to law， and shall be
governed and bound by the laws and regulations of the State， and any developer
meeting the criteria and construction enterprises with relevant qualifications
may participate in the process.
第二章 机构与职责Chapter II Organization and Function
Article 5. The Ministry of Construction shall be responsible for the
administration of bidding and tendering for construction projects all over the
country. Its major functions are as follows：
（1） To comply with and observe the relevant laws， regulations and policies of
the State governing bidding and tendering for construction projects， and
formulate the relevant rules and regulations thereof；
（2） To direct and inspect bidding and tendering work in each region and
（3） To summarize and exchange experiences regarding bidding and tendering work，
and provide relevant services；
（4） To protect national interests and supervise the bidding and tendering
activities of all major projects； and
（5） To examine and approve the inter-provincial agencies for construction
bidding and tendering.
Article 6. The competent department in charge of construction in the people's
government in each province， autonomous region and municipality shall be
responsible for the administration of bidding and tendering for construction
projects within their jurisdiction. Its major functions are as follows：
（1） To comply with and observe the relevant regulations and policies of the
State governing bidding and tendering for construction projects， and formulate
the relevant rules and regulations thereof；
（2） To supervise and inspect the relevant bidding and tendering work， and
summarize and exchange work experiences；
（3） To examine and approve the qualifications of agencies engaged in consulting
and construction supervision for construction bidding and tendering；
（4） To mediate any disputes arising from bidding and tendering activities； and
（5） To veto any bidding results in violation of the regulations governing
bidding and tendering.
Article 7. The competent construction department in each province， autonomous
region or municipality may， with reference to actual conditions and subject to
the approval of the people's government on the same level， determine the
institutional set up and source of operating funds of the bodies at each level
in charge of bidding and tendering.
As authorized by the competent construction department of the people's
government at the same level， the institutional bodies at each level shall be
specifically responsible for the administration of the bidding and tendering
within their jurisdictions. Their major functions are as follows：
（1） To examine the qualifications of bid invitation units；
（2） To examine bidding applications and bidding documents；
（3） To examine pre-tender estimates；
（4） To supervise bid openings， evaluations， selections and negotiations；
（5） To mediate any disputes arising from bidding and tendering activities；
（6） To veto any bidding results in violation of the regulations governing
bidding and tendering；
（7） To penalize any act in violation of the regulations governing bidding and
（8） To supervise the execution and performance of the contract and awards.
Article 8. Industrial and communications departments under the State Council
shall， in conjunction with the local competent construction departments，
complete to the best of their ability the administrative work relevant to the
bidding and tendering of any major construction projects invested directly by
the department and its affiliated investment company. Their major functions are
（1） To observe the relevant regulations and policies of the State governing
bidding and tendering for construction projects；
（2） To direct and organize the bidding and tendering work of any major
construction projects invested directly by the department and its affiliated
investment company， as well as the bidding work of the construction under its
（3） To supervise and inspect the bidding and tendering activities conducted by
the relevant entities of the department；
（4） To handle the relevant matters for project bidding with the competent
construction department in the province， autonomous region or municipality where
the project is to be conducted.
第三章 招 标Chapter III Bid Invitation
Article 9. Based on the principle of holding the owner responsible for
construction projects， the developer shall be entitled to the following rights
and interests as both the investor and the owner：
（1） To organize bid invitation in accordance with the relevant procedures；
（2） To appropriately select and identify tendering units based on the enterprise
qualifications standards stipulated by the government； and
（3） To select and determine the bid-winning price and bid winner in accordance
with the relevant bid assessment principles and price control stipulations.
Article 10. The project developer shall meet the following requirements in order
to organize bid invitation：
（1） It is a legal person or other type of organization established under the
（2） It has the economic and technological management personnel required for the
project for which bid invitation is organized；
（3） It has the ability to organize and prepare bid documents；
（4） It has the capability to examine the qualifications of the tendering units；
（5） It has the ability to organize bid opening， bid assessment and selection.
If the project developer does not meet the relevant conditions set forth above
in Subsection 2-5， it shall entrust a consulting/supervising unit with
corresponding qualifications to act as its agent in organizing the bidding.
Article 11. Construction projects shall meet the following conditions in order
for bid invitation to go ahead：
（1） The project budget has been approved；
（2） The construction project has been included in the State， departmental or
regional annual fixed asset investment plan；
（3） Expropriation of land for use by the construction project has been
（4） Construction drawings and technical materials are adequate to meet the needs
of the construction work；
（5） Construction funds and sources of major building materials and equipment
have been made available；
（6） Approval has been obtained from the local planning department where the
construction project is located； the construction site has been leveled and is
connected to water， electric supply and to traffic， or the leveling work and
connection to water， electricity and roads has been made as a part of the bid
Article 12. Bidding for construction may utilize such methods as entire project
bidding， unit project bidding or special professional project bidding. However，
no bidding is permitted for a partial or itemized project of a unit project.
Article 13. Bidding for construction may adopt the following methods：
（1） Public bidding. The unit offering bid invitation publishes public
announcement for bidding through newspapers， radio or television；
（2） Invitational bidding. The unit offering bid invitation gives out bid
invitation letters to three or more enterprises which have the capability to
undertake the construction project；
（3） Bid negotiation. With respect to special projects for which neither public
bidding nor invitational bidding is appropriate， application shall be made to
the department in charge of construction at county or higher level or to a bid
institution authorized thereby to conduct bid negotiation upon approval.
The number of units participating in the bid negotiation shall not be less than
two （including two）。
Article 14. Bidding for construction shall generally be conducted via the
（1） Organization of a bid committee by the developer in accordance with the
requirements of Article 10 hereof；
（2） Submission of a bidding application to the institution in charge of bidding
The application letter shall mainly include： qualifications of the bid inviting
unit， conditions of the bidding project， the proposed bidding method and
requirements of the tendering units；
（3） Preparation of the bidding documents and pre-tender estimate， which shall be
reported to the to the institution in charge of bidding and tendering for
（4） Publishing of the bidding announcement or sending of the bid invitations；
（5） Submission of the tender applications by the tendering units；
（6） Examination of the qualifications of the tendering units and notification of
the tender applicants of the examination results；
（7） Delivery of bid documents， design drawings and technical materials to the
qualified tendering units；
（8） Organization of visits to the construction site by the tendering units and
answering of questions regarding the bid documents；
（9） Organization of a bid appraisal organization and formulation of bid
assessment and selection methods；
（10） Convention of a bid opening meeting and examination of the tendering
（11） Organization of bid assessment work and decision on the bid winner；
（12） Sending out the bid winning notice； and
（13） Execution of the construction contract between the project developer and
the bid winner.
Article 15. The bid documents shall generally include：
（1） Overall introduction to the project： name， address of the project， projects
under bidding， project occupation area， floor space and technical requirements，
quality standards and site conditions， bidding method and the required project
commencement and completion schedule， and requirements regarding the
qualifications of the tendering units；
（2） Necessary design drawings and technical materials；
（3） Detailed list of project works；
（4） Construction fund certificate， project payment method and percentage of
advanced payment issued by a bank；
（5） Method of supply of major materials （steel， wood， cement， etc.） and
equipment； good processing and ordering situation， and method for handling
material and equipment price differences；
（6） Construction requirements for special projects and the technical
specifications to be adopted；
（7） Requirements regarding the preparation of bid documents and principles of
bid assessment and selection；
（8） Agenda for such activities as tender offering， bid opening， bid assessment
（9） “Conditions for the Project Construction Contract” and adjustment
（10） The amount of bid bond required， which shall be determined on the basis of
the scale of the construction project and shall be a maximum of RMB1，000.00；
（11） Other matters requiring explanation.
Article 16. Once the bid documents are issued， the bid inviting unit may not
alter their content or add supplementary conditions of its own free will.
If any alteration or supplement is indeed required， application shall be
submitted to the institution in charge of bidding and tendering， and the notice
of such alteration or supplement shall be served to the tendering units seven
days before the tender offering deadline.
Article 17. Within 10 days of the issuance of the bid documents， the bid
inviting unit shall call meetings to answer any questions regarding the bid
documents and such meeting minutes shall be regarded as a supplement to the bid
documents and shall be filed with the institution in charge of bidding and
tendering， and served through written notification to all the tendering units.
Article 18. The time period from the date of issuance of bid documents to the
deadline of tender submission shall not be fewer than 15 days for small-scale
projects and shall not be fewer than 30 days for large or medium-scale projects.
Article 19. A pre-tender estimate must be prepared for the bidding invitation of
any construction project. The pre-tender estimate shall be prepared by the bid
invitation unit on its own or through an entrusted consulting or construction
supervising agency approved by the competent construction department as capable
of preparing a pre-tender estimate.
Article 20. The following principles shall be observed in the preparation of a
（1） The volume of construction work shall be determined and the pre-tender
estimate shall be prepared in accordance with the designs and relevant materials
and bidding documents and with reference to the State-stipulated norm and code
for technical and economic standards；
（2） The pre-tender estimate price shall consist of the cost， profit and taxes，
which shall generally be limited within the amount of the approved general
estimate （or the revised estimate） and the investment of the lump sum contract；
（3） As a price contemplated by the construction developer， the pre-tender
estimate price shall seek to comply with actual market changes， and shall be
favorable to competition and guarantee the project quality；
（4） The pre-tender price shall take into consideration factors affecting price
fluctuation， including labor， materials， number and shift of machinery， etc.， as
well as the contingency sum， lump sum fee and measure-taking fee.
For a project of which excellence is required， relevant fees shall be added；
（5） Only one pre-tender estimate shall be prepared per project.
Article 21. A pre-tender estimate shall be subject to the examination and
approval of an institutional body for bidding and tendering.
Article 22. Once it is examined and approved， the pre-tender estimate shall be
sealed until the time when it is opened. All those who have had access to the
pre-tender estimate shall be liable for keeping the estimate confidential，
without any disclosure.
Article 23. For a project the price of which is subject to negotiation， its
contract price shall be discussed and agreed upon by the parties thereto， and be
filed with the institutional body for bidding and tendering.
第五章 投 标Chapter V Tender Submission
Article 24. As the producer of the architectural product， the construction
enterprise shall be entitled to the following rights during the bidding and
（1） Any construction enterprise or consortium with the business license and the
required certificate of qualifications may participate in the tendering as
required in the bidding documents；
（2） The enterprise shall have the right to decide the bid price with reference
to its operating conditions and the marketing information available；
（3） The enterprise shall have the right to decide special prices for any project
requiring excellent quality；
（4） The enterprise shall have the right decide whether or not to participate in
the bid competition in light of its operating conditions.
Article 25. The tender submitting entity shall provide the following information
to the bid inviting entity：
Article 29. The tenderer may propose any amendment to the design and the terms
and conditions of the contract， work out the corresponding bid price and book of
tender， seal these off and send them to the bid invitation unit for reference.
第六章 开标 评标 定标Chapter VI Bid Opening， Evaluation and Selection
Article 30. The activities of the bid opening， evaluation and selection shall be
performed by the bid invitation unit under the auspices of the institutional
body for bidding and tendering.
Article 31. The bid invitation unit shall invite the representatives from the
relevant departments to attend the bid opening meeting， publicly announce the
methods of bid evaluation and selection， unseal the books of tender and
additional materials， and publicize the main contents and pre-tender estimate of
Article 32. The book of tender shall become invalid if：
（1） It is not sealed；
（2） It does not contain the seal or stamp of the tenderer and its legal
representative or the proxy as authorized by the legal representative；
（3） It fails to follow the stipulated format， or the contents are incomplete，
blurred or illegible；
（4） It misses the deadline for submission；
（5） The tenderer does not attend the bid opening meeting.
Article 33. The bid evaluation team shall consist of representatives from the
construction developer and its superior competent department （including the
consulting and supervising agencies entrusted by the developer） and the entities
invited by the developer.
Relevant experts shall be invited if it is a special or large-scale project.
Article 34. Bid evaluation and selection shall be conducted by using scientific
methods and on the basis of equal competition， fairness and justice. The
accepted tenderer shall be decided on a selective basis after a general overall
evaluation is conducted of the bid price， term of construction， quantity of
consumption of major materials， construction plan， actual quality records and
the reputation of the tenderer.
Article 35. The period from the bid opening （or the commencement of the bid
negotiation） to the final bid selection shall be no more than 10 days for a
small-scale project， and no more than 30 days for a large-scale project. Such
period may be properly extended under special circumstances.
Article 36. After the successful tenderer is selected， the bid invitation unit
shall send out the tender award notification within 7 days， with copies to each
unsuccessful tenderer and submission to the institutional body.
Unsuccessful tenderers shall return the bidding documents and relevant materials
within 7 days upon receipt of notification， and the bid invitation unit shall
refund the tenderer the deposit.
Article 37. Thirty days after the tender award notification is sent out， the
successful tenderer and the construction developer shall execute the project
contract on the basis of the bidding documents and the book of tender.
Article 38. In case of any of the following actions in violation of these
Regulations， the administrative department in charge of construction of the
people's government at the county or higher level or the agency authorized
thereby may， based on the seriousness of the case， give out warnings or mete out
such penalties as a public notice of criticism， termination of bidding，
cancellation of tendering right for a certain period， disapproval for
commencement of work， ordered cessation of construction work， and fines：
（1） No bidding is carried out for projects which should be subject to bidding；
（2） The bid inviting unit conceals any facts about the project （i.e.， the
construction scale， construction conditions， guarantee of investment and
（3） The pre-tender estimate is disclosed， which affects the normal proceeding of
the bidding work；
（4） The bid inviting unit fails to truthfully complete the application form and
makes false declaration regarding its enterprise qualification ratings；
（5） The tendering units conspire with one another to commit corrupt practices
and drive the bid price up， making bid selection difficult or impossible；
（6） After bid selection， the winner refuses to sign the construction contract
within the stipulated time period.
Article 39. If the developer utilizes its bid invitation right to seek bribes or
kick-backs， or if the tendering unit wins the bid through such illegal means as
bribing or offering kick-backs， they shall be dealt with in accordance with the
relevant stipulations of the “Administrative Regulations Governing the
Article 40. After the tendering units submit their offers， if the bidding fails
due to the fault of the bid inviting unit （developer）， the bid inviting unit
（developer） shall make certain economic compensations to each of the tendering
Article 41. In case of any malpractice for personal benefit， such as the seeking
or taking of bribes by the staff of the administrative department in charge of
construction of the people's government or the agency authorized thereby， the
practitioners of such malpractice shall be given administrative penalties by
their unit or higher level authorities. If their acts constitute a crime， they
shall be pursued for their criminal liabilities by the judicial department in
accordance with the law.
Article 42. In case of any dispute arising from bidding or tendering activities，
the relevant parties shall endeavor to resolve such dispute through mutual
consultation or with the mediation of the institution in charge of bidding and
tendering. If such mediation fails， the dispute may be resolved through legal
Article 43. If a relevant party disputes the penalties， such party may apply to
the higher level authority of the penalty-issuing agency for review of the
penalty decision within 15 days of receipt of the penalty decision.
If the party disputes the review decision， such party may file a suit to the
people's court within 15 days of receipt of the review decision. Such party may
also directly file a suit with the people's court without undergoing the review
If a party fails both to apply for a review or to file a suit with the people's
court and to implement penalty decisions， the penalty-issuing agency may apply
to the people's court for enforcement.
Article 44. The administrative departments in charge of construction in each of
the provinces， autonomous regions and municipalities may， based on local
specific actual conditions， formulate detailed implementing rules or regulations
governing construction bidding and tendering， which shall be reported to the
Ministry of Construction for filing.
Article 45. Separate regulations will be formulated for projects involving
Article 46. The Ministry of Construction shall be responsible for the
interpretation of these Regulations.
Article 47. These Regulations shall come into force as of the date of
promulgation. If there are any discrepancies between these Regulation and past
rules and regulations， these Regulations shall prevail.