Measures for the administration of international b

Introduction to the measures for the administration of international bidding of mechanical and electrical products: the first order of the Ministry of foreign trade and economic cooperation in 1999, the measures for the administration of international bidding of mechanical and electrical products, Chapter I, general provisions, Article 1, in order to regulate the international bidding behavior of Mechanical and electrical products, establish an open and fair international bidding competition mechanism and fair bid evaluation criteria, According to the general provisions of Chapter I of machinery...

approved and issued by the State Council, Article 1 in order to regulate the international bidding behavior of mechanical and electrical products, establish an open and fair international bidding competition mechanism and fair

bid evaluation criteria, according to the Interim Measures for the administration of import of mechanical and electrical products approved and issued by the State Council These measures are formulated in accordance with the notice of the State Council on strengthening the administration of the import of mechanical and electrical equipment for foreign loan projects (GF [1990] No. 64) and the notice of the general office of the State Council on printing and distributing the provisions on the functional allocation of internal institutions and staffing of the Ministry of foreign trade and Economic Cooperation (GF [1998] No. 122)

Article 2 "international bidding" as mentioned in these Measures refers to international open competitive bidding

Article 3 the Ministry of foreign trade and Economic Cooperation (hereinafter referred to as the Ministry of foreign trade and economic cooperation) is responsible for coordinating, managing and supervising the international bidding of mechanical and electrical products nationwide, formulating its international bidding rules and management measures, organizing the implementation, examining and approving the qualification of mechanical and electrical products bidding agencies, and undertaking the daily work of the national bid evaluation committee

Article 4 the administrative agencies for the import and export of mechanical and electrical products of all regions and departments (hereinafter referred to as the import and export agencies) are responsible for the supervision, coordination and management of the international bidding process of mechanical and electrical products of their regions and departments, and undertake the daily work of the bid evaluation committee of their regions and departments

Article 5 international tendering agencies for mechanical and electrical products (hereinafter referred to as tendering agencies) undertake the international tendering business of mechanical and electrical products

The term "buyer" as mentioned in these Measures refers to the state organs, enterprises, institutions or other social organizations that purchase mechanical and electrical products through international bidding

the bidding agency mentioned in these Measures refers to the legal person or social intermediary organization that has obtained the bidding qualification and engaged in the international bidding business of mechanical and electrical products in accordance with the measures for the qualification examination and approval of international bidding agencies for mechanical and electrical products (issued separately)

the "bidder" mentioned in these Measures refers to the legal person who participates in the bidding competition in accordance with the bidding documents

Chapter II Scope of bidding

Article 7 mechanical and electrical products subject to international bidding:

1 Mechanical and electrical products purchased through international bidding as stipulated by the state. The specific catalogue shall be formulated, adjusted and published by the Ministry of foreign trade and economic cooperation

2. Mechanical and electrical products purchased by the world bank, Asian Development Bank, Japan Overseas Economic Cooperation Fund (OECF) and Japan import and Export Bank (hereinafter referred to as foreign loans)

3. Mechanical and electrical products purchased through international bidding under government procurement

4. Mechanical and electrical products required by other lending institutions to be purchased through international bidding

8. Mechanical and electrical products that voluntarily entrust international bidding:

(1) for imported mechanical and electrical products (such as quotas, specific products, etc.) under State Administration, if the purchase of

is made by international bidding, the buyer shall apply to the bidding Agency for the bidding Commission

after the corresponding import and export agency submits it to the Ministry of foreign trade and Economic Cooperation (see Annex I for the application letter)

(2) mechanical and electrical products with automatic import registration

(III) mechanical and electrical products imported by foreign-invested enterprises for their own use

Article 9 except for foreign loan projects, those under one of the following circumstances may not be invited to bid:

(1) use foreign government loans or export credits

(II) no foreign exchange payment is required

(III) spare parts for production

(IV) used mechanical and electrical products

(V) the one-time import amount is less than 100000 US dollars

(VI) other mechanical and electrical products that are not suitable for procurement through international bidding

Chapter III bidding documents

Article 10 the buyer shall prepare the bidding documents with the bidding agency or entrusted consulting service agency according to the procurement needs. It mainly includes the following contents:

(I) invitation for bids

2. Instructions to bidders

3. Name, quantity and technical specifications of bidding products

4. Contract terms

5. Contract form

6. Attachment:

1 Tender

2. Bid opening schedule

3. Bid quotation sheet

4. List of goods description

(5) specification deviation table

(6) format of bid security

(7) form of advance payment guarantee

(8) format of legal person power of attorney

(9) format of manufacturer's letter of authorization

Chapter IV bidding procedures

Article 11 the buyer must sign a bidding entrustment agreement with the bidding agency qualified for the bidding of mechanical and electrical products, and provide the bidding guarantee

Certificate (except for projects using foreign loans)

if the entrusted bidding amount is $2million or less, the deposit is 2% of the entrusted bidding amount; If the amount of entrusted bidding is more than USD 200000, the deposit of the part exceeding USD 2million shall not exceed 1% of the amount of entrusted bidding

Article 12 preparation of bidding documents. The bidding documents shall include the technical and commercial parts (including the performance requirements for manufacturers and the basis for bid evaluation), and the important clauses therein shall be marked with "*". If one of them is not satisfied, the bid will be rejected

Article 13 in addition to the terms of commercial rejection, the basis for bid evaluation shall also include: the main parameters and deviation range of technical rejection

; The allowable deviation range of price evaluation and the calculation method of its discount

Article 14 the buyer shall submit the bidding documents, equipment procurement list and relevant project approval documents to the corresponding import and export institutions for examination and approval of the bidding documents in accordance with the Interim Measures for the administration of the import of mechanical and electrical products. The import and export agency shall notify the buyer and relevant units of the review Reply of the bidding documents (see format 1) within 20 working days (10 working days for small single equipment). If the reply cannot be made within the specified time due to special reasons, the reason and the time to be extended shall be explained to the buyer in time

Article 15 the approved bidding documents shall not be modified without the consent of the corresponding import and export agencies

Article 16 after receiving the review Reply of the bidding documents, the buyer and the bidding agency shall publish the bidding announcement on the newspapers and media specified by the state (see format 2)

Article 17 the bidding period shall generally not be less than 30 days from the date of sale of the bidding documents, and shall not be less than 60 days for large complete sets of products

Article 18 bid opening shall be carried out at the time and place of the announcement. The bidder's bid scheme, alternative scheme, price reduction statement or price discount shall be announced at the bid opening, otherwise it will not be recognized during bid evaluation. The bid opening must be attended by the buyer, the bidder and relevant personnel

Article 19 within three days of bid opening, the bidding agency shall send or mail the bid opening record (see format III) (subject to the postmark) to the corresponding import and export agency for filing

Chapter V bid evaluation rules

Article 20 the preliminary evaluation is the responsibility of the preliminary evaluation committee. The preliminary evaluation committee is composed of five odd numbers above

including the buyer, the bidding agency and relevant experts, of which the number of experts for bid evaluation shall not be less than half

Article 21 the preliminary evaluation shall be conducted in strict accordance with the bidding documents and bids, and shall be divided into three parts: business, technology and price. When the business and technology meet the requirements of the bid, the lowest evaluated price is the bid winner

Article 22 commercial bid evaluation requirements

under one of the following circumstances, the bid shall be rejected:

1 The bidder fails to submit the bid security or the amount is insufficient, the validity of the guarantee is insufficient, and the form of the bid security or the issuing bank

does not meet the requirements of the bidding documents

(II) bidding beyond the scope of business

3. The agent bidder is not attached with a valid power of attorney from the manufacturer

(IV) the flexible packaging of the tender requires that one machine of the tension machine is multi-purpose without the signature of the legal representative, or the signatory has no valid power of attorney of the legal representative

(V) performance does not meet the requirements of the bidding documents

(VI) the bid validity period is insufficient

Article 23 requirements for technical bid evaluation (I) if the bid does not meet the main parameters in the technical specifications and exceeds the scope of deviation, it shall be rejected

(II) when filling in the technical comparison table, it should be truthfully filled in according to the requirements of the bidding documents and the parameters in the bid, and it is not allowed to fill in the symbol

. For technical problems that need and can be clarified, those that meet the requirements after clarification shall be accepted according to the valid bid, but shall be noted in the comparison

table

Article 24 requirements for price bid evaluation

(I) bid evaluation shall be carried out according to the bid evaluation factors in the bidding documents. When calculating the bid evaluation price, the parts that need to be increased or decreased shall be explained according to the contents of the bidding documents and bidding documents

(II) the bidder must list the list and price of the necessary parts within the warranty period according to the requirements of the bidding documents and the technical status of the products, and include the price of the spare parts into the total bid price. If the products provided do not need necessary spare parts, they should be stated in the tender document. Otherwise,

, the average price of the necessary parts in other valid bids will be included in the total bid evaluation price of the bid (or the highest price in the valid bid as required by the loan institution)

(III) for projects with foreign loans, when calculating the total bid evaluation price, foreign products are calculated on the basis of CIF price and domestic products are calculated on the basis of ex factory price (

excluding value-added tax)

(IV) for projects other than foreign loans, the total bid evaluation price shall be calculated based on the arrival of goods at the installation location designated by the buyer. Foreign

products are CIF price + import link tax + domestic transportation, insurance, etc; Domestic products are ex factory price (including value-added tax) + domestic transportation, insurance, etc

(V) during price bid evaluation, if there are multiple currencies in the bid price, it shall be converted into US dollars at the selling exchange rate of the Bank of China on the date of bid opening

Article 25 principles for dealing with several other issues in bid evaluation that become the key to winning market competition

(I) the original bank credit certificate should be provided, and a copy of the credit certificate issued by the bank within three months before the date of bid opening can also be provided

(II) it is allowed to clarify unclear issues in the tender, and it is not allowed to modify the substantive contents of technology, commerce, price, etc. Clarification shall be made in writing

(III) the bidder's copying of the technical specifications of the bidding documents as part of its bid may lead to the rejection of the bid

(IV) products produced by domestic joint ventures and cooperative enterprises, whose performance of the general technical responsible party meets the requirements of the bidding documents, are considered to be qualified

Chapter VI handling of import procedures

Article 26 within 15 working days after the preliminary evaluation, the buyer and the bidding agency shall affix the official seals of both parties and have the signatures of all judges

<13 The bid evaluation report (see Annex II) of pin disc friction and wear testing machine p> name shall be submitted to the corresponding import and export institutions according to the import management authority

Article 27 the import and export institutions shall organize the bid evaluation committee to review the bid evaluation report within ten working days. If there is no objection

, the relevant import procedures for foreign winning products shall be handled in accordance with the Interim Measures for the administration of import of mechanical and electrical products. 1. Place a sample (single ball) at the center of the lower platen. The bidding agency shall issue the letter of acceptance based on the relevant import procedures. For projects using foreign loans, after the review of the bid evaluation report, the bid evaluation report shall be submitted to the lender by virtue of the notice of bid evaluation results of the national bid evaluation committee, and the letter of acceptance shall be issued after its approval, and the relevant import shall be handled