Evaluation of Competitive Tenders in China: Theory and Practice

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clpstaff &clp articles

For those who have advised on competitive tenders for significant infrastructure projects in China, it is a common observation that the theory of purely objective application of tender criteria and the practice during bid selection often have intriguing differences. Recent regulation of competitive tenders in China is therefore a welcome and constructive development.

By Stephen Harder and Charles Wang, Clifford Chance, Shanghai and Hong Kong

The promulgation by the State Development Planning Commission (SDPC), State Economic and Trade Commission, Ministry of Communications, Ministry of Construction, Ministry of Information Industry, Ministry of Railways and Ministry of Water Resources of the Bid Evaluation Committees and Methods Tentative Provisions (the Tentative Provisions), effective July 5 2001, provides bidders with a road map and procedural rights during the often tortuous bidding process.

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