The issuance of the Implementing Regulations for the Law on the Invitation and Submission of Bids (the Regulations) has enhanced the operability of the bid invitation and submission system and addressed procedural issues such as the method and time limit for the advance review of qualifications. In practice, there are incidents where bid inviting parties have used unreasonable advance reviews of qualifications to preclude or restrict bidders.
Articles 15 to 22 of the Regulations provide for the operational method for advance reviews of qualifications. First, a bid inviting party is required to publish an advance review announcement in the media designated by the National Development and Reform Commission (NDRC), and the publication of such announcements is to be handled in accordance with the Provisional Measures for the Publication of Bid Invitation Announcements issued by the commission in July 2000.
Second, the period of sale and the deadline for submission of advance qualification review documents may not be less than five days each, and the revision of advance qualification review documents is to be completed at least three days before the deadline. Third, for a project that legally requires the invitation of bids, and in which state-owned funds hold a controlling or predominant position, the bid inviting party is required to organise a qualification review committee at the time of the advance review of qualifications. Finally, an objection procedure has been created the reviews.
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Wang Jihong is the managing partner of V&T Law Firm. She practises in the field of infrastructure development. Zhang Xiaofeng is a partner at V&T Law Firm
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