Chapter IV Bid Opening, Evaluation and Winning
　　
Article 34 The bid opening shall be carried out in public at the same time as the deadline for submission of bid documents set in the tender documents; The place of bid opening shall be the place predetermined in the bidding documents.
　　
Article 35 The bid opening shall be presided over by the tenderer, and all bidders shall be invited to attend.
　　
Article 36 At the time of bid opening, the sealing of the bid documents shall be checked by the bidder or its elected representative, or may be checked and notarized by a notary agency entrusted by the tenderer; After confirmation, the staff will open the seal in public and read out the bidder's name, bid price and bid documents other Main contents. All bid documents received by the tenderee before the deadline for submission of bid documents required by the tender documents shall be opened and read out in public at bid opening. The bid opening process shall be recorded and filed for future reference.
　　
Article 37 Bid evaluation shall be the responsibility of the bid evaluation committee established by the tenderer according to law. For projects subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and experts in technical and economic fields. The number of members shall be an odd number of at least five, of which experts in technical and economic fields shall not be less than two-thirds of the total number of members. The experts mentioned in the preceding paragraph shall have worked in relevant fields for at least eight years and have senior professional titles or the same professional level door Or from the list of experts provided by the relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or from the list of experts in relevant disciplines in the expert database of the bidding agency; General bidding projects can be selected randomly, and special bidding projects can be directly determined by the tenderee. Persons who have an interest in the bidder shall not enter the bid evaluation committee of the relevant project; Those that have entered shall be replaced. The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.
　　
Article 38 A tenderer shall take necessary measures to ensure that bid evaluation is carried out in strict confidentiality. No unit or individual may illegally interfere with or affect the process and results of bid evaluation.
　　
Article 39 The bid evaluation committee may require a bidder to make necessary clarifications or explanations for the contents of the bid documents that have unclear meanings, but the clarifications or explanations may not go beyond the scope of the bid documents or change the substantive contents of the bid documents.
　　
Article 40 The bid evaluation committee shall evaluate and compare the bid documents in accordance with the bid evaluation standards and methods determined in the tender documents; If there is a base bid price, it shall be referred to. After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid. The bid inviter shall determine the bid winner according to the written bid evaluation report submitted by the bid evaluation committee and the recommended bid winning candidates. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder. If the State Council has special provisions on bid evaluation of specific bidding projects, such provisions shall prevail.
　　
Article 41 The bid of a winning bidder shall meet one of the following conditions: (1) it shall be able to meet the comprehensive evaluation standards specified in the tender documents to a large extent; （2） It can meet the substantive requirements of the bidding documents, and the evaluated bid price is low; Except that the bid price is lower than the cost. Article 42 If the bid evaluation committee, after evaluation, considers that all bids do not meet the requirements of the tender documents, it may reject all bids. If all bids for a project subject to tender according to law are rejected, the tenderer shall invite tenders again in accordance with this Law.
　　
Article 43 Before the winning bidder is determined, the bid inviter may not negotiate with the bidder on the bid price, bid scheme and other substantive contents.
　　
Article 44 Members of the bid evaluation committee shall perform their duties objectively and impartially, observe professional ethics, and bear personal responsibility for the evaluation opinions they put forward. Members of the bid evaluation committee shall not contact bidders in private and shall not accept property or other benefits from bidders. Members of the bid evaluation committee and relevant staff involved in bid evaluation shall not disclose the evaluation and comparison of bid documents, the recommendation of bid winning candidates and other information related to bid evaluation.
　　
Article 45 After the winning bidder is determined, the tenderer shall issue a notice of award to the winning bidder, and at the same time notify all bidders who have not won the bid of the result of their winning the bid. The bid winning notice shall have legal effect on the bid inviter and the bid winner. If the tenderer changes the result of winning the bid or the winning bidder abandons the winning project after the letter of acceptance is issued, it shall bear legal liability according to law.
　　
Article 46 A tenderer and a winning bidder shall, within 30 days from the date of issuing the notification of award, conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder. The tenderer and the winning bidder may not enter into any other agreement that deviates from the substantive contents of the contract. If the bid invitation documents require the winning bidder to submit a performance security, the winning bidder shall do so.
　　
Article 47 For a project subject to tender according to law, the tenderer shall, within 15 days from the date of determining the winning bidder, submit a written report on the tender and bid to the relevant administrative supervision department.
　　
Article 48 A winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder may not transfer the winning project to another person, nor may he divide the winning project into parts and transfer them separately to another person. The winning bidder may, in accordance with the contract or with the consent of the tenderee, take the part of the winning project that is not the main body or relevant key The sex work is subcontracted to others. The person accepting the subcontract shall have the corresponding qualifications and shall not subcontract again. The winning bidder shall be responsible to the tenderer for the subcontracted project, and the persons who accept the subcontract shall bear joint and several liability for the subcontracted project.
　　
Chapter V Legal Liability
　　
Article 49 Whoever, in violation of the provisions of this Law, fails to invite bids for a project that must invite bids, breaks the project that must invite bids into parts or evades bidding by any other means, shall be ordered to make corrections within a time limit and may be fined not less than 0.5 per cent but not more than 10 per cent of the contract value of the project; For projects that use state-owned funds in whole or in part, project implementation or fund allocation may be suspended; The persons directly in charge and other persons directly responsible of the unit shall be given sanctions according to law.
　　
Article 50 If a bid invitation agency, in violation of the provisions of this Law, divulges confidential information and materials related to bid invitation and bidding activities, or colludes with a bid inviter or bidder to damage the national interests, social and public interests or the legitimate rights and interests of others, it shall be fined not less than 50000 yuan but not more than 250000 yuan, The persons directly in charge and other persons directly responsible of the unit shall be fined not less than 5 percent but not more than 10 percent of the fine imposed by the unit; The illegal gains, if any, shall be confiscated; If the circumstances are serious, the qualification of bidding agency shall be suspended or even revoked; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law. If the acts listed in the preceding paragraph affect the result of winning the bid, the winning of the bid shall be invalid.
　　
Article 51 If a tenderer restricts or excludes potential bidders with unreasonable conditions, applies discriminatory treatment to potential bidders, compels bidders to form a consortium to jointly submit their bids, or restricts competition among bidders, it shall be ordered to make corrections and may be fined not less than 10000 yuan but not more than 50000 yuan.
　　
Article 52 If a tenderer for a project subject to tender according to law discloses to another person the name and number of potential bidders who have obtained tender documents or other information concerning tender and bid that may affect fair competition, or divulges the base bid price, he shall be given a warning and may also be fined not less than 10000 yuan but not more than 100000 yuan; The persons directly in charge and other persons directly responsible for the unit shall be given sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. If the acts listed in the preceding paragraph affect the result of winning the bid, the winning of the bid shall be invalid.
　　
Article 53 If bidders collude with each other or with the tenderee in bidding, or if a bidder seeks to win the bid by offering bribes to the tenderee or members of the bid evaluation committee, the winning bid shall be invalid, and a fine of not less than 0.5 percent but not more than 10 percent of the amount of the winning project shall be imposed, The persons directly in charge and other persons directly responsible of the unit shall be fined not less than 5 percent but not more than 10 percent of the fine imposed by the unit; The illegal gains, if any, shall be confiscated; If the circumstances are serious, the bidder shall be disqualified from taking part in the bidding of projects subject to tender according to law for one to two years, and shall be announced, until it is hoisted by the administrative department for industry and commerce pin Business license; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.
　　
Article 54 If a bidder submits a bid in the name of another person or resorts to fraud in other ways to win the bid, the bid winning is invalid and causes losses to the tenderer, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. If a bidder of a project subject to tender according to law commits any of the acts listed in the preceding paragraph but does not constitute a crime, he shall be fined not less than 0.5 percent but not more than 10 percent of the amount of the winning project, and the persons directly in charge and other persons directly responsible for the unit shall be fined not less than 5 percent but not more than 10 percent of the amount of the fine imposed by the unit; The illegal gains, if any, shall be confiscated; If the circumstances are serious, the bidder shall be disqualified from taking part in bidding for projects subject to tender according to law for one to three years, and shall be announced, until the business license is revoked by the administrative department for industry and commerce.
　　
Article 55 For a project subject to tender according to law, if a tenderer, in violation of the provisions of this Law, negotiates with a bidder on such substantive contents as the model text of a Chinese contract with a relatively new tender price and the tender scheme, he shall be given a warning, and the persons directly in charge and other persons directly responsible of the unit shall be given sanctions according to law. If the acts listed in the preceding paragraph affect the result of winning the bid, the winning of the bid shall be invalid.
　　
Article 56 If a member of the bid evaluation committee receives money or other benefits from a bidder, or if a member of the bid evaluation committee or a relevant staff member participating in bid evaluation discloses to others the evaluation and comparison of bid documents, the recommendation of candidate winning bidders, or other information related to bid evaluation, he shall be given a warning and the money or property received shall be confiscated, It may also impose a fine of not less than 3000 yuan but not more than 50000 yuan, disqualify any member of the bid evaluation committee who has committed any of the listed illegal acts from serving as a member of the bid evaluation committee, and may no longer participate in the bid evaluation of any project subject to tender according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
　　
Article 57 If a tenderer determines the winning bidder in addition to the bid winning candidates recommended by the bid evaluation committee according to law, and if a project subject to tender according to law determines the winning bidder on its own after all bids are rejected by the bid evaluation committee, the winning bid shall be invalid. Order correction and may impose a fine of not less than 0.5% but not more than 10% of the amount of the winning project; The persons directly in charge and other persons directly responsible of the unit shall be given sanctions according to law.
　　
Article 58 If a winning bidder transfers the winning project to another person, dismembers the winning project and transfers it separately to another person, or subcontracts part of the main body and key work of the winning project to another person in violation of the provisions of this Law, or the subcontractor subcontracts again, the transfer or subcontracting shall be invalid, and a fine of not less than 0.5 percent but not more than 10 percent of the amount of the transferred or subcontracted project shall be imposed; The illegal gains, if any, shall be confiscated; May order suspension of business for rectification; If the circumstances are serious, the administrative department for industry and commerce shall revoke the business license.
　　
Article 59 If a tenderer and a winning bidder fail to conclude a contract in accordance with the tender documents and the bid documents of the winning bidder, or if the tenderer and the winning bidder conclude an agreement that deviates from the substantive contents of the contract, they shall be ordered to make corrections; A fine of not less than 0.5% but not more than 10% of the amount of the winning project may be imposed.
　　
Article 60 If the winning bidder fails to perform the contract concluded with the tenderer, the performance bond shall not be returned, and if the losses caused to the tenderer exceed the amount of the performance bond, the excess shall also be compensated; If no performance bond is submitted, it shall be liable for compensation for the losses of the tenderer. If the winning bidder fails to perform his obligations in accordance with the contract concluded with the tenderer, and the circumstances are serious, his qualification to participate in bidding for projects subject to tender according to law for two to five years shall be cancelled and announced, until his business license is revoked by the administrative department for industry and commerce. If the contract cannot be performed due to force majeure, the provisions of the preceding two paragraphs shall not apply.
　　
Article 61 The administrative penalty prescribed in this Chapter shall be decided by the relevant administrative supervision department prescribed by the State Council. Except where this Law has made provisions on the organs that impose administrative penalties.
　　
Article 62 Any unit that, in violation of the provisions of this Law, restricts or excludes legal persons or other organizations outside its own region or system from participating in bidding, designates a tender agency for a tenderer, compels a tenderer to entrust a tender agency to handle tender matters, or otherwise interferes with tender and bid activities, shall be ordered to make corrections; The person in charge and other persons directly responsible for the unit shall be given a warning, recorded a demerit or recorded a major demerit according to law. If the circumstances are relatively serious, they shall be demoted, removed from office or dismissed according to law. An individual who commits the illegal act mentioned in the preceding paragraph by taking advantage of his power shall be investigated for responsibility in accordance with the provisions of the preceding paragraph.
　　
Article 63 If any functionary of a State organ who is responsible for the administrative supervision of tender and bid activities according to law engages in malpractices for personal gain, abuses his power or neglects his duty, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
　　
Article 64 If a project subject to tender according to law violates the provisions of this Law and the winning of the bid is invalid, the winning bidder shall be re determined from among the remaining bidders in accordance with the conditions for winning the bid as prescribed in this Law or the tender shall be re conducted in accordance with this Law.
　　
Chapter VI Supplementary Provisions
　　
Article 65 If a bidder and other interested parties believe that the tender and bid activities do not conform to the relevant provisions of this Law, they shall have the right to raise an objection to the tenderer or file a complaint with the relevant administrative supervision department according to law.
　　
Article 66 Projects that involve national security, state secrets, emergency rescue and disaster relief, or belong to special circumstances such as the use of poverty relief funds to implement work for relief, or the need to use migrant workers, and are not suitable for bidding, may not be subject to bidding in accordance with the relevant provisions of the State.
　　
Article 67 If the lender or fund provider has different provisions on the specific conditions and procedures for bid invitation and bidding for a project that uses loans or aid funds from international organizations or foreign governments, their provisions may apply, except for those contrary to the social and public interests of the People's Republic of China.
　　
Article 68 This Law shall come into force as of August 30, 1999.