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Construction Law of the Peoples Republic of China (1)

来源:中国法律法规大全  点击数:  更新时间:2005-9-18 19:59:03 

 
ing out the projects or staff members
thereof.
Article 18 Construction cost of the projects shall be agreed upon in the
contracts by both the contractors and the out-contracting units in
accordance with relevant regulations of the State. For projects subject
to public bidding, the construction cost shall be agreed upon in line
with the provisions of the tendering law.
The out-contracting units shall appropriate project funds in a timely
manner in accordance with the provisions of the contracts.
          SECTION II CONTRACTING AWARDING
Article 19 Construction projects shall be contracted through public
bidding according to law and those not suitable for bidding can be
contracted out directly.
Article 20 For construction projects subject to open bidding, the out-
contracting units shall, in accordance with legal procedures and
methods, publish invitations for bid and provide tender documents
containing major technical requirements of the projects subject to
bidding, key contract terms, standards and methods for evaluation of
bids  as well as the procedures for the opening, evaluation and 
determination of bids.
The bids shall be opened at the time and place specified in the tender
document, after which the bids shall be evaluated and compared in
accordance with the evaluation standards and procedures specified by the
tender documents. Successful bidder shall be selected among the bidders
with appropriate qualifications based on their merits.
Article 21 The opening, evaluation and determination of bids in the
process of tendering for construction projects shall be organized and
implemented by the project owners and shall be subject to  the
supervision of relevant administrative departments.
Article 22 For construction projects subject to bidding, the out-
contracting units shall contract out the projects to the contracting
units which have won the bid in accordance with law. For construction
projects subject to direct contracting, the out-contracting units shall
contract out the project to the contracting units with appropriate
qualifications.
Article 23 The government and its subordinate departments shall not
abuse their administrative power by requiring the out-contracting units
to contract out the construction projects to designated contracting
units.
Article 24 Overall contracting of projects is encouraged and the
contracting of construction projects in parts shall be prohibited.
The out-contracting units of construction projects can contract out
either the survey, design, construction and equipment purchase of the
construction units to a single overall contracting unit or one or some
of  these tasks to an overall contracting unit. However, the out-
contracting units shall not divide the constr

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