1. The main amendments to the Bidding Law are as follows:

1. In the original document "The bid of the winning bidder shall meet the following conditions: (1) It can meet the comprehensive evaluation criteria specified in the bidding documents to the greatest extent; Can meet the substantive requirements of the tender documents, and the evaluated bid price is the lowest; However, unless the bid price is lower than the cost. " One article is added later: "The bid-winning conditions in Item 2 of the preceding paragraph are applicable to the project subject to tender with general technology and performance standards or the tenderee has no special requirements for its technology and performance."

note: some experts pointed out that this move is a correction to the abuse of the "lowest evaluated bid price method" and is conducive to curbing the unreasonable phenomenon of winning the bid at the lowest price.

2. Article 19 adds provisions: A tenderer may reasonably set requirements and conditions for supporting technological innovation, energy conservation and environmental protection in the tender documents.

3. The revised content adds a provision on the performance of the contract: "The tenderee and the winning bidder shall announce the performance of the contract for the project that must be subject to tender according to law."

II. The main amendments to the Regulations on the Implementation of the Bidding Law are as follows:

In Article 55, a new provision is added: The tenderer shall determine the winning bidder according to the written bid evaluation report submitted by the bid evaluation committee and the recommended candidates for winning the bid. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder, or specify the winning candidate ranked first as the winning bidder in the tender documents, and specify the situation that the winning candidate ranked first cannot be the winning bidder and the relevant handling rules. For a project that must be subject to tender according to law, if the tenderer determines the winning bidder by himself according to the written bid evaluation report put forward by the bid evaluation committee and the recommended candidates for winning the bid, it shall explain the reasons for determining the winning bidder in the written report on bidding submitted to the relevant administrative supervision department.

Note: Before the amendment, the regulation was "The tenderer shall determine the candidate winning the bid ranked first as the winning bidder." After modification, the determination of the winning bidder can be directly determined by the tenderer through the authorized bid evaluation committee, in addition to the winning candidate ranked first.

Original document:

Announcement on the Decision on Amending the Bidding Law and the Regulations for the Implementation of the Bidding Law (draft for comments)

According to the requirements of the CPC Central Committee and the State Council, in order to deepen the "streamline administration, delegate power, strengthen regulation and improve services" reform in the bidding field, continuously enhance the applicability and foresight of the bidding system, promote the transformation of government functions, help supply-side structural reforms, and promote sustained and healthy economy and society.

before September 21, 2117, relevant units and people from all walks of life can log on to the "Solicitation for Opinions" column on the homepage of the National Development and Reform Commission (//www.ndrc.gov.cn) and enter the "Solicitation for Opinions on the Revision of the Bidding Law and the Regulations for the Implementation of the Bidding Law" column to make comments and suggestions on the draft for comments.

thank you for your participation and support!

Attachment: 1. Decision on Amending the Bidding Law and the Regulations for the Implementation of the Bidding Law (draft for comments)

2. Comparison table before and after the revision of the Bidding Law and the Regulations for the Implementation of the Bidding Law

Law Department of the National Development and Reform Commission

August 29, 2117.