China has taken another step toward improving the transparency, efficiency, and fairness of its bidding and tendering market. On 12 November 2025, the National Development and Reform Commission (NDRC), together with seven other ministries, released the Guidelines for the Performance of the Main Responsibility of the Tenderer. This policy document aims to standardize the responsibilities of tenderers, strengthen governance in the bidding process, and address long-standing concerns related to irregularities and inefficiencies. Following the release, an NDRC spokesperson provided clarity on the document’s background, structure, and planned implementation.

Rationale for Developing the Guidelines

The tenderer plays a central role in initiating, organizing, and supervising bidding activities. Their performance directly influences whether the bidding process remains fair, competitive, and aligned with legal requirements. While China’s Bidding Law and related regulations already outline rights and obligations, gaps remain in the consistent enforcement of responsibilities.

In practice, some tenderers have relied on one-size-fits-all bidding approaches that fail to consider project-specific conditions, while others have overlooked or tolerated violations by bidding agencies, bidders, or evaluation experts. These issues reduce the effectiveness of public funds, compromise transparency, and undermine trust in the tendering system.
To address these challenges, the new Guidelines provide clear, actionable standards that help tenderers fulfill their duties, prevent misconduct, and ensure that bidding activities contribute to efficient resource allocation and high-quality project delivery.

Overview of the Guideline Structure

The Guidelines take a full-lifecycle approach, covering pre-bid activities through post-bid supervision. Organized into eight chapters and forty-two articles, the document outlines expectations across key stages of bidding management.

The general provisions clarify the policy basis, applicable scope, and requirements for aligning tendering practices with national development objectives. Pre-bid provisions emphasize proper demonstration processes, planning, and institutional management to ensure bidding is necessary, lawful, and well-prepared.

The sections on bidding, bid opening and evaluation, and bid determination detail responsibilities for drafting high-quality documents, preventing illegal practices, verifying candidate qualifications, and reviewing evaluation outcomes. Subsequent chapters address contract performance oversight, internal compliance mechanisms, and institutional supervision, establishing a comprehensive operational framework.

Strengthening Governance in Pre-Bid and Bidding Stages

A major focus of the Guidelines is improving tenderers’ ability to manage early-stage tasks. Tenderers must scientifically determine whether bidding is required and design procurement strategies that reflect project complexity, market conditions, and cost-benefit considerations. During the bidding phase, tenderers are responsible for preparing accurate and transparent bidding documents, setting reasonable evaluation criteria, and avoiding practices that encourage abnormally low pricing or collusion. The Guidelines also promote the use of digital tools and intelligent evaluation systems to raise transparency and efficiency in bid assessments.

Enhancing Integrity in Bid Evaluation and Determination

To address vulnerabilities in bid evaluation, the Guidelines require tenderers to standardize bid opening procedures, address objections in a timely manner, and adopt remote or technology-assisted evaluation mechanisms where appropriate. Tenderers must also carefully review bid evaluation reports, verify the qualifications of recommended candidates, and ensure selection decisions comply with legal and procedural requirements. Clear guidance is provided on handling public objections, evaluating the fairness of outcomes, and assessing the performance of evaluation experts.

Improving Performance Management and Supplier Oversight

The Guidelines emphasize that the responsibility of the tenderer extends well beyond awarding the contract. Tenderers must strengthen performance bond management, monitor contract execution, and maintain comprehensive records of bidding activities.

A supplier evaluation mechanism is to be established to support long-term supervision and improve accountability. This is intended to create a more competitive and disciplined supplier ecosystem, where performance history becomes an important factor in future procurement decisions.

Reinforcing Internal Controls and Compliance Systems

Internal governance is highlighted as a critical component in ensuring proper execution of tendering responsibilities. Tenderers are required to establish mechanisms for research and decision-making, compliance review, supervision and correction, and risk prevention.

The entire bidding process must be traceable, with systematic recording and regular post-evaluation. Transparency obligations include publishing bidding plans, releasing documents in advance, and standardizing complaint handling. These requirements will also serve as key evaluation points for oversight authorities when assessing tenderer performance.

Requirements for Exercising Rights and Correcting Violations

The Guidelines clearly outline how tenderers must exercise their legal rights responsibly. This includes setting standards for identifying abnormal bids, rejecting illegal submissions, verifying guarantees, and supervising bidding agencies. Tenderers must also report misconduct by evaluation experts, ensure accurate review of evaluation results, and pursue liability for violations when necessary. These provisions aim to reinforce discipline across all participants and enhance the integrity of the bidding ecosystem.

Implementation Timeline and Promotion Strategy

The Guidelines will come into effect on 1 January 2026. To ensure smooth execution, the NDRC and relevant ministries will focus on three areas: strengthening publicity and interpretation, enhancing oversight and coordination, and establishing long-term mechanisms. Public awareness campaigns will help organizations understand their obligations and adjust internal processes. Regulatory authorities will increase supervision, support internal control improvements, and coordinate with discipline inspection, audit, and state-owned asset regulators. Additionally, best practices from local implementations will be summarized and promoted to build a nationally consistent standard of tenderer responsibility.

Conclusion

The release of the Guidelines represents a significant milestone in China’s ongoing efforts to optimize its bidding and tendering environment. By clarifying the responsibilities of tenderers across each phase of the procurement lifecycle, the new framework aims to reduce irregularities, strengthen discipline, and enhance the efficiency and credibility of public and state-funded projects. As implementation progresses, the effectiveness of the Guidelines will depend on the commitment of tenderers to internal reform and the sustained coordination of supervisory authorities.