Congress at the 11th Session on August 30, 1999)

CONTENTS

Chapter One General Provisions

Chapter Two Invitation to Bid

Chapter Three Bidding

Chapter Four Opening, Evaluation and Winning of Bids

Chapter Five Legal Liabilities

Chapter Six Supplementary Provisions

Chapter One General Provisions

Article 1 This law has been enacted for the purpose of regulating the

activities of Invitation to Bid and bidding, safeguarding the rights of

the rights of the State, the social public and the parties concerned in

the process of bidding, enhancing the economic performance, and ensuring

the quality of projects.

Article 2 This law shall be applicable to the bidding activities

within the territory of the People’s Republic of China.

Article 3 Bidding shall be carried out for the following construction

projects, including the survey, design, construction, supervision of the

project, and the procurement of the important equipment, materials

relevant to the construction of the project:

large projects of infrastructure facility or public utility that have a

bearing on the social public interest and the safety of the general

public;

projects entirely or partially using state-owned funds or loans by the

state;

projects using loans of international organizations and foreign

governments and aid funds.

The specific scope and size criteria of the projects as mentioned in the

previous paragraph shall be formulated by the department of development

and planning of the State Council and other relevant departments of the

State Council.

Where the scope of other projects that must be carried out through

bidding is provided by laws or the regulations of the State Council,

such laws and regulations shall remain applicable.

Article 4 As pertains to projects legally requiring bidding, no entity

or individual evade bidding by any means including the dismembering of

projects.

Article 5 The principles of openness, fairness, justice, honesty and

credit-worthiness shall be be applied to bidding activities.

Article 6 As pertains to projects legally requiring bidding, the

bidding activities shall not to be subject to district or departmental

restrictions. No entity or individual shall illegally restrict or

exclude the participation of legal persons or other organizations beyond

the region or industry in the bidding, nor illegally interfere with the

bidding activities in any other means.

Article 7 The bidding activities and the parties concerned shall

accept legally conducted supervision.

The relevant administrative supervision departments shall conduct

supervision over the bidding activities and investigate illegal

activities the bidding process.

The State Council shall stipulate the administrative supervision of

bidding activities and division of authority of the relevant

departments.

Chapter Two Invitation to Bid

Article 8 The term "tenderee" refers to a legal person or other

organization that propose a project and put forth an Invitation to Bid.

Article 9 Where a bidding project is subject to examination and

approval in accordance with the relevant provisions of the State,

approval shall be obtained in advance.

A tenderee shall possess sufficient funds for the bidding project, or

have definite resources of funds for the project, and shall truthfully

state related facts in the bid-invitation documents.

Article 10 An Invitation to Bid shall be made through either public

notices or special requests.

"Public Invitation to Bid" refers to that the tenderee putting forth an

invitation to unspecified legal persons or other organization to tender

bids.

"Invitation to Bid by Request" refers to that the tenderee requesting

specified legal persons or other organizations to tender bids.

Article 11 Invitation to Bid by Request may be used for both key

national projects confirmed by the National Development Planning

Department of the State Council and key local projects confirmed as

unsuitable for public bidding by the People’s Government of the

province, autonomous region or municipality having been ratified by

either the National Development Planning Department of the State Council

or the People’s Government of the province, autonomous region or

municipality.

Article 12 The tenderee shall be entitled to independent selection of

bidding agencies for the execution of bidding operations. No entity or

individual shall in any way designate any bidding agency on behalf of

the tenderee.

The tenderee who has the capacity to formulate Bid-invitation documents

and organize bid evaluations may handle bidding operations on its own

initiative. No entity or individual may compel the tenderee to entrust

any bidding agencies with bidding operations.

For projects subject to bidding in which the tenderee chooses to handle

the bidding operations, the tenderee shall report to the relevant

administrative supervisory departments.

Article 13 The term "bidding agency" refers to the legally established

social intermediary organizations, acting as agents in bidding

operations and providing relevant services.

A bidding agency shall satisfy the conditions as mentioned below:

Bidding agency shall possess a place of business and funds for acting as

agent in bidding operations;

Bidding agency shall consist of professionals capable of making Bid-

invitation documents and organizing bid evaluations;

Bidding agency shall maintain archives of technical and economic experts

that meet the requirements as mentioned in Article 37.3 of This law so

as to serve the members of the bid evaluation committee.

Article 14 The State Council, or provincial, autonomous region, or

municipal governments shall review the qualifications of the bidding

agency that serves as the agent in bidding operations of construction

projects.

The state council administrative department in charge of construction

shall, in conjunction with the appropriate department of the state

council, formulate the specific plan for the examination and approval.

The department in charge of the examination and approval of the

qualifications of the bidding agencies engaged in other bidding

operations shall be subject to the provisions of the State Council.

There shall not be any relationship of subordination or other interest

between the bidding agency and the administrative departments or other

organs of state power.

Article 15 A bidding agency shall handle bidding operations within the

limit of authorization of the tenderee, and shall observe the provisions

of This law concerning the tenderee.

Article 16 In cases of Public Bidding, the tenderee shall publish

bidding notices. The bidding notices for projects that are subject to

bidding shall be published in the newspapers, information networks or

other mass media as designated by the State.

The bidding notices shall clearly set forth the title and address of the

tenderee, the nature, quantity, place and time for execution of the

bidding project, ways of obtaining Bid-invitation documents, etc..

Article 17 Where the Invitation to Bid by Request is used, the

tenderee shall send invitations to no less than three specified legal

persons or other organizations that are capable of handling bidding

operations and with good credit standing.

The invitation shall clearly set forth the items as mentioned in Article

16.2 of This law.

Article 18 The tenderee may, according the specific condition of the

bidding project, request the tenderer provide relevant credentials and

evidence of performance in the bidding notices or invitations, and

examine the qualifications of the potential tenderers. Where there are

other provisions by the State concerning the qualifications of the

tenderer, such provisions shall be applied.

No tenderer shall restrain or "squeeze out" potential tenderers by

imposing unreasonable conditions, nor shall it discriminate against the

potential tenderers.

Article 19 The tenderee shall make Bid-invitation documents according

to the features and requirements of the bidding project.

The Bid-invitation documents shall include all substantial requirements

and all key terms for the conclusion of contracts, including: the

project’s technical requirements, the criteria for examination of the

tenderer, the requirements for the bid price and the standard of

evaluation of the bid, etc.

Where there are state provisions concerning the technology and criteria

of the bidding project, the tenderee shall clearly specify corresponding

provisions in the Bid-invitation documents.

If necessary, the tenderee shall properly divide the bidding project

into sections or phases, and provide clear information on the sections

and phases in the Bid-invitation documents.

Article 20 The Bid-invitation documents shall neither postulate nor

set forth a specific producer or supplier or other contents favoring or

excluding potential tenderers.

Article 21 The tenderee may, according to the specific condition of

the project, arrange for on-site inspections by potential tenderers.

Article 22 The tenderee shall not disclose to any other person the

title, quantity of the potential tenderers that have obtained Bid-

invitation documents or any other information that may affect fair

competition.

Where there is a minimum bid, it shall be kept confidential.

Article 23 In cases where the tenderee has to make necessary

clarifications or modifications to the Bid-invitation documents, he

shall inform all receivers of the Bid-invitation documents in writing

within 15 days prior to the deadline of the submission of bidding

documents, as mentioned in the Bid-invitation documents.

Article 24 The tenderee shall specify a reasonable period of time for

the tenderer to formulate bid documents. However, in cases of projects

legally subject to bidding, the period of time from the first day the

Bid-invitation documents are sent out to the deadline for the tenderers’

submission of bidding documents shall not be shorter than twenty days.

Chapter III Bidding

Article 25 A tenderer shall be a legal person or other organization

that makes a response to a bid and participates in the competition for a

bid.

Where individuals are permitted to participate in the bidding of

projects of scientific research, the provisions of This law, as concern

the tenderer, shall apply to the individual tenderers.

Article 26 The tenderer shall be capable of undertaking the bidding

project and shall satisfy the qualifications as provided by state

regulations or the Bid-invitation documents concerning the

qualifications of the tenderer.

Article 27 The tenderer shall formulate the bidding documents in

accordance with the requirements as set forth in the Bid-invitation

documents. The bidding documents shall respond to the substantial

requirements and conditions as provided in the Bid-invitation documents.

If the bidding project is a construction project, the Bid-invitation

documents shall include such contents as the resume and performances of

the person in charge of the project and technicians to be dispatched and

the machinery and equipment to be used in executing the bidding project.

Article 28 The tenderer shall send the bidding documents to the place

of bidding prior to the deadline for the submission of the bidding

documents. The tenderee shall sign to acknowledge the receipt of the

bidding documents and keep them without opening. If there are less than

three tenderers, the tenderee shall make a new Invitation to Bid in

accordance with This law.

The tenderee shall reject bidding documents arriving prior to the

deadline.

Article 29 The tenderer may supplement, modify, or revoke the Bid-

invitation documents, in which case, the tenderer shall inform all

tenderers prior to the deadline for the submission of the bidding

documents. The supplements and modifications shall become a part of the

Bid-invitation documents.

Article 30 The tenderer shall, in accordance with the actual situation

of the project as stated in the bidding documents, clearly state any

intent of sub-contracting non-essential or non-critical parts of the

project.

Article 31 A consortium of two or more legal persons or other

organizations may be formed to participate in the bidding competition as

one tenderer.

All parties to the consortium shall be equipped with the corresponding

capabilities for undertaking the bidding project. All parties shall

satisfy the qualifications as provided in the rules of the state or in

the Bid-invitation documents concerning the qualifications of the

tenderer. The level of credit standing of a consortium made up of

entities of a same profession shall be that of the entity with the

lowest credit standing.

All parties to the consortium shall make an agreement, specifying the

work to be undertaken and responsibilities, and shall submit said

agreement, together with the bidding documents, to the tenderee. In the

event the consortium wins the bid, all parties to the consortium shall

make a contract together with the tenderee, and shall assume several and

joint liability for the bidding project.

The tenderee shall not force the tenderers to form consortiums in the

bidding, nor shall it constrain the competition of the tenderers.

Article 32 Tenderers shall not collude with each other in setting

bidding prices, nor shall they exclude other tenderers from fair

competition and harm the lawful rights and interests of the tenderee and

other tenderers.

Tenderers shall not collude with the tenderee in injuring the interests

of the state, general public and other people.

Tenderers shall be forbidden to win any bid by offering any bribe to the

tenderee or any member of the bid-evaluation committee.

Article 33 Tenderers shall not participate in the bidding competition

by offering a price lower than the cost, nor shall they attempt to win

the bid in the name of other persons or through other fraudulent means.

Chapter Four Opening, Evaluation and Winning of Bid

Article 34 The opening of the bid shall be carried out in public at

the time of the deadline for submission of bidding documents, as

mentioned in the Bid-invitation documents. The place for opening bids

shall be the place specified in the Bid-invitation documents.

Article 35 The bid opening shall be presided by the tenderee with the

participation of all tenderers.

Article 36 Before opening a bid, the seal-integrity of bidding

documents shall be examined by the tenderers or the representatives

chosen by the tenderers. A public notary agency entrusted by the

tenderee may also examine the seal-integrity of the documents and

notarize the situation. After confirmation of the validity of the

sealing, the person in charge shall open the bidding documents in public

and announce the names or titles of the tenderers, the prices of the

bids and other main contents of the bidding documents.

The tenderee shall, at the time of bid opening, open all the bidding

documents received prior to the deadline of submission and read in

public.

The process of bid opening shall be recorded kept in the archives for

future reference.

Article 37 A legally established bid evaluation committee shall be

responsible for bid evaluation.

For projects legally subject to bidding, the bid evaluation committee

shall be composed of representatives of the tenderee and experts in the

technology and economics concerned. The number of members shall be an

odd number larger than 5, of whom no less than two thirds of all the

members shall be experts in the technology or economics concerned.

An expert as mentioned in the previous paragraph shall have an

experience of no less than eight years in relevant fields and have a

senior professional title or be of an equivalent level, and shall be

selected by the tenderee from the lists of experts provided by the

relevant departments of the State Council, the relevant departments of

the provincial, autonomous region, or municipal government, or from the

list of related experts found within the expert archives of the

tenderee-representative institutions. The random selection method may be

used in an ordinary bidding project, while for special projects, the

method to be used shall be subject to the decision of the tenderee.

Those with direct interest relationships to the tenderer shall not serve

on the bid evaluation committee for the relevant bidding projects. Those

who are already members of the committee shall be removed.

The name list of the members of the bid evaluation committee shall be

kept confidential before the winning of bid is determined.

Article 38 The tenderee shall take necessary measures to ensure that

bid evaluations are conducted in a strictly confidential manner.

No entity or individual shall unlawfully interfere with or influence

the process or result of any bid evaluation.

Article 39 The bid evaluation committee may demand tenderers to make

clarifications or explanations as to the ambiguities in the bidding

documents, but such clarifications or explanations shall not go beyond

the limits as mentioned in the bidding documents or alter the

substantial contents of the bidding documents.

Article 40 The bid evaluation committee shall make evaluations and

comparisons to the bidding documents according to the criteria and

methods as specified in the Bid-invitation documents. Where a base price

is set in the bidding documents, reference shall be made to the base

price. After the completion of bid evaluation, the bid evaluation

committee shall submit a written report to the tenderee and make

recommendations as to candidates for the winning bid.

The winner of the bid shall be determined by the tenderee in accordance

with the written evaluation report by the committee and the candidates

proposed by the committee. The winning candidate may also be directly

determined by the committee under the authorization of the tenderee.

Where there are special provisions by the State Council concerning a

specific bidding project, such provisions shall apply.

Article 41 The winning candidate shall meet at least one condition as

mentioned below:

1) The candidate is to the maximum extent able to satisfy the bid

evaluation criteria as specified in each clause of the bid-invitation

documents.

2) the tenderer is able to satisfy the substantial requirements, while

providing the lowest bid (excluding below-cost bids).

Article 42 The bid evaluation committee may decide to reject all bids

if it finds that no bid is able to meet the requirements stipulated in

the Bid-invitation documents.

If all the bids on a project legally subject to bidding are rejecteed,

the tenderee shall again invite bidding, as stipulated in This law.

Article 43 Before the determination of the bid winner, no negotiations

may be conducted between the tenderee and any tenderers concerning the

substantial contents such as bid price, plans, ect.

Article 44 Members of the bid evaluation committee shall perform their

duties in an objective and fair manner, observe professional ethics, and

assume individual responsibility for their evaluation opinions.

No member of the bid evaluation committee may have private contact with

any tenderer or accept any money, property or other benefits from the

tenderer.

No member of the bid evaluation committee nor any person engaged in the

bid evaluation may disclose any information concerning bid evaluations

and comparisons, nominations of bid winner candidates, or any other

information related to the bid evaluation.

Article 45 After the determination of the bid winner, the tenderee

shall issue a bid winning notice to the winner, and at the same time

inform all the other tenderers of the result.

The bid-winning notice shall be of legal effect to the tenderee and bid

winner. If the tenderee changes the result of bid winning or the bid

winner rejects the bid project after the notice has been sent out, the

tenderee or tenderer shall be held legal liable.

Article 46 A written contract shall be concluded between the tenderee

and bid winner within 30 days after the issuance of the bid-winning

notice according to the Invitation to Bid and bidding documents. The

tenderee and bid winner shall not conclude other agreements deviating

from any substantial provision of the contract.

Where the Bid-invitation documents require the bid winner pay a contract

implementation security, the bid winner shall make such payments.

Article 47 For a project which is legally subject to bidding, the

tenderee shall submit a written report concerning the bidding to the

relevant supervisory administrative departments within 15 days of the

determination of the bid winner.

Article 48 The bid winner shall perform duties and complete the

bidding project, as specified in the contract. The bid winner shall

neither assign the project to any other person nor dismember the project

and then assign the project in part to other persons.

The bid winner may, according to the provisions of the contract or the

consent of the tenderee, subcontract to other persons parts of the

project that are not vital or key to the project.

The bid winner shall be responsible to the tenderee for the assigned

part of the project, and the person who accepts the subcontracted part

of the project shall take joint and several liabilities.

Chapter Five Legal Liabilities

Article 49 Those failing to conduct bidding for project legally

subject to bidding, or evading bidding by means of dismemberment other

means shall be ordered to make corrections, and may be imposed upon a

fine of not less than 1/2% but not more than 1% of the total value of

the contracted project. For a project wholly or partly funded by state

funds, implementation may be suspended or the transfer of funds may be

suspended. The person(s)-in-charge directly responsible for the unit and

other persons who are held in direct responsibility shall be punished

according to law.

Article 50 Any bidding agency disclosing information of materials

relating to the bidding, in violation of This law, or conspiring with

the tenderee or tenderer(s), so as to injure the lawful rights or

interests of the state, the general public or any other persons, shall

be subject to a fine of not less than 50,000 yuan but not more than

250,000 yuan RMB; the person-in-charge directly responsible for the

entity or any other person who are held directly responsible shall be

subject to a fine of not less than 5% but not more than 10% of the total

amount of fine imposed upon the entity. Where any illegal gains have

resulted, such gains shall be confiscated; under serious circumstances,

the agency may be suspended or even be disqualified. If any violation of

law constitutes a crime, violators shall be criminally prosecuted. Where

losses have resulted, the agency shall make compensations.

If the winning of the bid has been affected by any of the acts as

mentioned in the previous paragraph, the bid shall be held invalid.

Article 51 In cases where the tenderee has been found guilty of

restraint or exclusion of potential tenderers through unreasonable

conditions, application of discriminatory treatment of tenderers,

forcing tenderers to form consortiums, or restraining the competition

among tenderers the tenderee shall be ordered to make corrections, and

may be subject to a fine of not less than 10,000 yuan but not more than

50,000 yuan.

Article 52 Where the tenderee of a project legally subject to bidding

has disclosed to other person(s) the name or title or quantity of

potential tenderers or any other information that may affect the fair

competition of the tenderers, including disclosing the minimum bid

price, he shall be warned, and may at the same time be subject to a fine

of not less than 10,000 yuan but not more than 100,000 yuan. The person-

in-charge directly responsible for the entity or any other person who

are held in direct responsibility shall be punished according to law. If

any violation constitutes a crime, the violator shall be criminally

prosecuted.

If the winning of bid has been affected by any of the acts as mentioned

in the previous paragraph, the bid shall be invalid.

Article 53 If the tenderer wins the bid by conspiring with the

tenderers or with the tenderee or paying bribes to the tenderee or

members of the bid evaluation committee, the bid shall be invalid, and

the bid winner shall be subject to a fine of not less than 1/2% but not

more than 1% of the total value of the bidding project. The person-in-

charge directly responsible for the entity or any other person who are

held directly responsible shall be subject to a fine of not less than 5%

but not more than 10% of the total amount of fine imposed upon the

entity. Where any illegal gains have resulted, such gains shall be

confiscated; where the circumstance are serious, the tenderer shall be

disqualified from participation in bidding for a term of 1 to 2 years

for and shall be published in public notices, or be revoked of his

business license by the administration for industry and commerce. If any

violation of law constitutes a crime, the tenderer shall be criminally

prosecuted. If losses have been caused to other persons, the tenderer

shall be responsible for making compensations.

Article 54 If the tenderer wins the bid by using another person’s name

or through other fraudulent means, the bid shall be invalid. If losses

have been caused to any other person, he shall be responsible for making

compensations. If any violation of this constitutes a crime, the

tenderer shall be criminally prosecuted.

If the tenderee of a project legally subject to bidding commits as

mentioned in the previous paragraph but does not constitute a crime, he

shall be subject to a fine of not less than 1/2% but not more than 1% of

the total value of the bidding project. The person-in-charge directly

responsible for the entity or any other person who are held directly

responsible shall be subject to a fine of not less than 5% but not more

than 10% of the total amount of fine imposed upon the entity. Where any

illegal gains have resulted, such gains shall be confiscated; where the

circumstance are serious, the tenderer shall be disqualified from

participation in bidding for a term of 1 to 3 years from participation

in bidding and shall be published in public notices, or be subject to

revocation of license by the administration for industry and commerce.

Article 55 For a project legally subject to bidding where the tenderee

violates This law by negotiating with any tenderer about substantial

contents of the bid such as the bid price or plan, he shall be warned,

and the person-in-charge directly responsible for the entity or any

other person who are held in direct responsibility shall be punished

according to law.

If the winning bid has been affected by any of the acts as mentioned in

the previous paragraph, the bid shall be invalid.

Article 56 If any member of the bid evaluation committee accepts the

property or other benefits of any tenderer, or any member of the bid

evaluation committee or relevant worker engaged in the bid evaluation

disclose information about the evaluation or comparison of bid, or the

nomination of candidates for winning the bid or any other information

about the bid evaluation, he shall be subject to a warning, confiscation

of property accepted, and may be concurrently subject to a fine of not

less than 3,000 yuan but not more than 50,000 yuan. Any member

committing any of the acts as mentioned in the previous paragraph shall

be disqualified and no longer be allowed to participate in the

evaluation of any bid legally subject to bidding. If any of the acts

constitute a crime, the violator shall be prosecuted.

Article 57 If the tenderee selects the bid winner beyond the range of

candidates as legally recommended by the bid evaluation committee, or if

the tenderee of a project legally subject to bidding selects the bid

winner on his own initiative after all bids have been rejected by the

bid evaluation committee, said bid shall be invalid; the tenderee shall

be ordered to make corrections and may be subject to a fine of not less

than 1/2% but not more than 1% of the total value of the bidding

project. The person-in-charge directly responsible for the entity or any

other person who are held in direct responsibility shall be punished

according to law.

Article 58 Where the winner of a bid assigns the bidding project to

another person or dismembers the project and then assigns it to other

persons, or subcontracts any vital or key part of the project to other

persons, or if the subcontractor further subcontracts his part, such

assignments and subcontracts shall be invalid, and the persons who are

held responsible shall be imposed upon a fine of not less than 5 but not

more than 10 of the total value of the part assigned or subcontracted.

Where any illegal gains have been incurred, such gains shall be

confiscated. The persons responsible may also be ordered to suspend

business for internal rectification. If the circumstances are serious,

the business license of the person responsible may also be canceled by

the administration for industry and commerce.

Article 59 Where a contract is not concluded between the tenderee and

the bid winner as per with the Invitation to Bid and bidding documents,

or if the tenderee and bid winner make an agreement deviating from the

substance of the contract, they shall be ordered to make corrections,

and may be subject to a fine of not less than 5 but not more than 10 of

the total value of the bidding project.

Article 60 If the bid winner fails to perform the contract entered

into with the tenderee, the guarantee money for implementation shall not

be returned; if the losses caused to the tenderee exceed the guarantee

money, he shall make compensations for the balance; if he has failed to

pay guarantee money, he shall be responsible for making compensations

for the losses of the tenderee.

If the failure of the bid winner to perform his contractual obligations

is serious, he shall be disqualified from participating in bidding for a

term of 2 to 5 years and his violations shall be published in public

notices, up to and including the cancelation of his business by the

administration for industry and commerce.

If the failure to perform the contract is caused by force majeure, the

provisions as mentioned in the previous two paragraphs shall not apply.

Article 61 The administrative penalties as stipulated in this chapter

shall be subject to the decision of the administrative department of

supervision designated by the State Council, with the exception of the

state organs already stipulated in This law for the executing penalties.

Article 62 Any entity violating This law by restricting or excluding

legal persons or other organizations beyond its own geographical area or

industry from participating in bidding, designating bidding agencies for

the tenderee, forcing the tenderee to entrust bidding agencies for

participation in bidding, or interfering with the bidding in any other

means, shall be ordered to make corrections; the person-in-charge

directly responsible for the entity or any other persons who are held in

direct responsibility shall be warned, demerited, or given a special

demerit; if the circumstances are serious, the person shall be punished

by demotion, removal from office, or dismissal from work.

If any one commits any of the acts as mentioned in the previous

paragraph, he shall be punished in accordance with the provisions of the

previous paragraph.

Article 63 If any officer of the state organs responsible for the

administrative supervision over bidding activities resorts to

irregularities for favoritism, abuse of power or neglect of duties, he

shall be administratively punished; if any of the acts constitutes a

crime, he shall be criminally prosecuted.

Article 64 If a winning bid is held invalid for a project legally

subject to bidding due to violations of This law, a bid winner shall be

selected according to the provisions of This law from the remaining

tenderers, or a new bidding shall be conducted.

Chapter Six Supplementary Provisions

Article 65 If the tenderee or any other interested party believes that

a bidding has been conducted in violation of This law, he shall be

entitled to raise objections to the tenderee or file a complaint with

the relevant administrative departments of supervision.

Article 66 For a project concerned with national security, state

secrets, emergency handling, disaster relief, or belonging to special

occasions such as the use of poverty alleviation funds or the use of the

labor of farmers and is not suitable for bidding, the method of bidding

shall not be applied.

Article 67 The bidding of a project using funds from international

organizations or loans from foreign countries or aid funds and the

lender or provider of funds has different provisions concerning the

specific conditions or procedure of bidding, such provisions may be

applied, but with the exception of those in breach of public interest.