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China Issues New Regulations on Public Bidding Appraising
The State Development Planning Commission (SDPC), State Economic and Trade Commission and the Ministries of Construction, Railway, Communications, Information Industry and Water Resources, lately issued Provisional Regulations on Public Bidding Assessment and Appraisal Committee Members in a move to regulate behaviors involving public bidding and public bidding assessment.
The Regulations constitute a significant amendment to the Law of the People's Republic of China on Inviting and Bidding Tenders.
According to the Regulations, public bidding appraisal committee members shall not undertake appraisals under the following four conditions:
1. Committee members are relatives of bidders,
2. Committee members are also working as personnel under chief project departments or administrative supervision departments,
3. Committee members have close relations with bidding tenders,
4. Committee members were ever punished for illegal behaviors in related public bidding inviting or bidding appraisal activities
Regarding the problem of bidders not to publicize bidding appraising standard in bidding documents or randomly make change to the appraisal standard and method, the Regulations stipulates that the bidding appraisal committee shall conduct a systematic check into the documents according to provisions. The committee shall not take unregulated standard or method in bidding inviting documents as appraising basis.
The Regulations also set standards for the bidding prices given by competitors lower than the cost quotation. The Regulations also makes strict provisions on qualifications for winning bidders and legal responsibilities for persons concerned in the appraising activities.
Besides the Regulations, SDPC also promulgated Provisions on Construction Projects Bidding Inviting Range and Scale Standard, Provisional Method on Public Bidding Announcement, and Trial Method on Construction Projects Voluntary Bidding.
By PD Online Staff Member Li Yan
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