Article 1 Procurement Management Measures
All localities and departments must comply with these regulations when implementing procurement and contract management of World Bank loan projects. Local or departmental measures or regulations need to be formulated, which must be reviewed and approved by the Ministry of Finance before they can be promulgated and implemented. Article 2 Procurement Plan
The overall procurement list of the project must be approved by the State Planning Commission. The annual procurement plan/list of local projects and bundled projects of central ministries and the plan/list of each batch of procurement must be sent to the local government It can only be implemented after review and written confirmation by the provincial finance department. The financial department should provide opinions or confirm within ten working days after receiving the plan/list (no response within the specified period will be deemed as agreement). Article 3 The selection of bidding agents
The project unit must be based on the "Entrustment Guidelines for International Bidding Agencies for World Bank and Asian Development Bank Loan Projects" issued by the Ministry of Finance, the People's Bank of China, and the State Planning Commission. Procedures and methods for selecting a bidding agency (hereinafter referred to as the bidding agent). The project owner shall issue an invitation letter of entrustment to all companies qualified to undertake international bidding business in accordance with regulations. The invitation letter of entrustment must be prepared in accordance with the "Sample Invitation Letter for Consultation" (hereinafter referred to as the invitation letter) prepared by the Ministry of Finance.
Each bidding agent should propose a detailed bidding and procurement consulting service plan as required by the "Invitation Letter", and pay a certain percentage of the total purchase contract amount, or a person-month rate and the planned person-month investment rate. Provide a basic fee quote. The plan should include the resumes of key staff. After being selected and signing the entrustment agreement, they cannot be replaced without the consent of the project owner. After the World Bank compiles the "Procurement Agency Standard Contract Format", the bidding agent and the project unit should use this format to sign a bidding agency entrustment agreement.
The bidding agency review report for central projects (including railways, posts and telecommunications, electric power, banking and technical assistance projects, etc.), bundled projects of central ministries and commissions, and projects of intermediate financial institutions shall be submitted by the project unit to the Ministry of Finance for review and filing , the bidding agency review report for local projects must be submitted to the corresponding local provincial finance department for written opinions, and then the project owner will submit the review report and written opinions to the Ministry of Finance for review and filing. The project unit and the bidding agency can sign an "entrustment agreement" only after obtaining the written consent of the financial department. The rights and obligations of both parties to the agreement should be clearly stipulated in the "Entrustment Agreement". The labor arrangements of the bidding agent and the project unit during the bidding and contract execution period shall be informed to the bidders as an attachment to the bidding documents.
The bidding agency (if used) for domestic competitive bidding should be selected according to the same procedures and methods. Article 4 National Standard Competitive Bidding
(1) Preparation of Bidding Documents
1. The commercial part of the bidding documents used in international and domestic competitive bidding must adopt the latest revised and uniformly printed "World Bank Loan Project Bidding and Procurement Document Template" (hereinafter referred to as the template) by the Ministry of Finance. No bidding agency or project unit may modify or reproduce it. Or print template standard terms, or use pirated templates. The bidding agent and the project unit can only prepare the front appendix of the "Instructions to Bidders" (bidding information sheet), the information sheet of the contract (special) terms/tender appendix, and the special terms of the superstructure contract that are allowed to be prepared based on the specific conditions of the project. , and submit these self-prepared parts, together with the technical specifications and relevant schedules approved by the relevant domestic competent authorities, to the World Bank for approval (with a copy to the Ministry of Finance). The model standard clauses do not need to be sent to the World Bank for review. According to the different requirements of the bidding goods and superstructure projects, if the specially determined commercial terms and conditions are not met and will be treated as discarded bids, this should be noted in the appendix (tender information sheet) of the self-prepared "Instructions to Bidders".
2. The technical specifications, bill of quantities and drawings in the bidding documents, as well as the performance/qualification requirements for manufacturers/contractors, are prepared by the project unit. The main technical parameters should be listed in the equipment technical specifications and marked with an "*", and the corresponding clauses should be marked with "Failure to meet the requirements will result in the cancellation of the bid." If purchasing a complete set of equipment, a list of equipment should be listed and the main equipment should be marked with "*".
3. The appendix (tender information sheet) of the instructions to bidders in the bidding document should indicate that a copy of the bid will be used during bid evaluation. The bidder must ensure that the original and copy of the bid are completely consistent. The bidder shall bear the responsibility for the cancellation of the bid due to inconsistency between the original and the copy. risk.
4. International competitive bidding for Shanghai construction projects. In order to prevent bidders from winning bids at unrealistically low prices and ensure that the project is completed on time and with quality, the bidding documents should stipulate that during bid evaluation, the quotations of domestic bidders or domestic subcontractors shall be based on domestic The quota standards set by the industry authorities will be reviewed and clarified based on the invested construction plan. If the bid price is more than twenty percent (20%) lower than the estimated budget, and the bid construction plan is not obviously advanced and cannot prove that it can significantly reduce costs, the bid may be considered to be scrapped.
(2) Review of bidding documents
1. Project units that purchase mechanical and electrical equipment should submit the bidding documents for the proposed equipment to the National Mechanical and Electrical Products Import and Export Office (hereinafter referred to as the National Mechanical and Electrical Products Import and Export Office) for review. When submitting for review, you should attach the review letter of the bidding documents forwarded by the mechanical and electrical products import office of the corresponding region or department, a copy of the State Planning Commission's approval of the project feasibility study report or the plan to utilize foreign investment, and the purchase list. The State Machinery and Electrical Import and Export Office will review the bidding documents together with the Ministry of Machinery and the Ministry of Electronics and other manufacturing authorities. For "quota products" and "specific products", the State Machinery and Electrical Import and Export Office will notify the project unit in writing of the review opinions within 20 working days (extension of statutory holidays) after receiving the qualified bidding documents. For "automatic registration" electromechanical products, the State Machinery and Electrical Import and Export Office will notify the project unit of the review opinions within ten working days. After obtaining the consent of the State Machinery and Electrical Import and Export Office, the project unit can submit the reviewed bidding documents to the World Bank through its bidding agent. If the World Bank has different opinions, the project unit and the State Machinery and Electrical Import and Export Office will work together with the relevant review units The feedback from the consultation study will be submitted by the project unit through the bidding agent. After the World Bank approves the bidding documents, it can publish the bidding announcement. The project unit and the bidding agent are not allowed to modify the approved bidding documents without authorization.
2. While preparing the technical specification part of the bidding document, the project unit should formulate the main parameters that constitute the technical waste bid and the allowable deviation range, as well as the deviation discount calculation method. If a scoring method is used to evaluate bids, scoring criteria should be formulated. Such parameters, methods and standards for the subject of mechanical and electrical equipment should be submitted for review together with the bidding documents and reported to the Ministry of Finance for record; such parameters, methods and standards for the subject of superstructure projects and general commodities should be submitted to the financial department at the same level for record.
3. For bidding and procurement of complete sets of equipment and supply and installation contracts, if bidders need to be pre-qualified, the pre-qualification documents should be submitted in accordance with the bidding document submission procedures. The pre-review results shall be reported to the member units of the National Bid Evaluation Committee (hereinafter referred to as the National Bid Evaluation Committee) for review. For superstructure construction and general commodity bids in local projects and projects bundled by central ministries and commissions, if bidders need to be pre-qualified, the pre-qualification results should be reported to the local provincial finance department for record.
(3) Announcements and notices
For all contracts with an estimated contract value of 10 million US dollars or more than 10 million US dollars, the bidding notice or prequalification notice must be based on the World Bank's " Procurement Guidelines" are published in the United Nations' "Development Business News" and/or in well-known technical magazines, newspapers and trade publications that are widely circulated internationally.
(4) Bid opening
1. The bid opening shall be carried out in accordance with the provisions of the "Bid Evaluation Indicators" in Appendix 1 of the "Standard Bid Evaluation Report Format" (hereinafter referred to as the "Bid Evaluation Report Format") in the template. The bids will be opened at the time and place announced in the bidding announcement. The bidder's bid plan, alternative plan, price reduction statement or price discount should be sung together at the bid opening, otherwise it will not be recognized during bid evaluation.
2. After the bid is opened, the original and copy of the bid should be checked and corrected immediately, and then the original and the recording of the bid should be sealed at the bidding agency designated by the National Jury Committee. Use copies when evaluating bids. The unit responsible for sealing the original tender document shall ensure the originality of the original tender document. When unsealing and reviewing the original bid, representatives of the bidding agent, project unit and national evaluation committee member units should be present.
3. The bidding agent and the project unit shall, within three working days after the bid opening, submit the bid opening record and the list of converted U.S. dollar prices (stamped with the official seal of the unit) to the World Bank and the member units of the National Evaluation Committee for record.
(5) Bid evaluation
Bid evaluation must be conducted in accordance with the principles and methods stipulated in the "Bid Evaluation Report Format". Local financial departments and corresponding regional and departmental mechanical and electrical product import offices should participate in the bid evaluation of bundled projects of local and central ministries. According to the actual situation in my country, the following specific provisions are made for the bid evaluation of electromechanical equipment:
1. Business Bid Evaluation Requirements
Tenders with any of the following conditions will be treated as discarded bids during the business evaluation:
(1) The bidder and the bid goods do not comply with the "Bid Evaluation Report Format" 》The provisions on qualifications in paragraph 5(b) of the "Bid Evaluation Guide" in Appendix 1;
(2) The bidder fails to submit or submits the bid deposit late or the amount is insufficient, the validity period of the guarantee is insufficient, and the issuing bank Failure to meet the requirements of the bidding documents;
(3) Agent bidding without proof of supply in the bid, or a valid power of attorney from the manufacturer of the main equipment specified in the bidding document;
(4) The bid document cannot be signed by the personal representative, or the signer does not have a valid authorization letter from the personal representative;
(5) The validity period of the bid is insufficient.
(6) The bid cannot meet the commercial terms and conditions of “if it does not meet the requirements, the bid will be discarded” stated in the bidding document.
2. Technical Bid Evaluation Requirements
(1) If the bid does not meet the main parameters and deviation range (that is, marked with an *) in the technical specification part of the bidding document, the bid shall be discarded.
(2) When filling in the technical comparison table, it should be filled in truthfully according to the requirements of the bidding documents and the parameters in the bid, and should not be represented by symbols. For technical issues that require and can be accepted for clarification, if the requirements are met after clarification, the bid will be accepted as a valid bid, but it should be noted in the comparison table.
3. Price bid evaluation requirements
(1) Evaluate bids based on the bid evaluation factors in the bidding documents, and the parts that require price increases or decreases should be explained based on the bidding documents and bid documents;
(2) The bidder must list the list and price of necessary parts during the quality assurance period based on the requirements of the bidding documents and the technical condition of the equipment, and include the price of the spare parts into the total bid price. If the equipment provided does not require necessary parts, it should be stated in the bid. Otherwise, the highest price of the necessary parts in other valid bids will be included in the total price of the bid during bid evaluation.
During the entire process of bid evaluation, if clarification is needed, it should be done in writing and should not be clarified orally for any reason, otherwise the bid may be cancelled.
4. Performance Recognition
The bid should be discarded if the performance does not meet the requirements of the bidding documents. However, the following circumstances should be considered as qualified bid performance.
(1) Domestic wholly foreign-owned enterprises, joint ventures, and Sino-foreign cooperative enterprises have produced products of the same type and level that meet the technical requirements of the bidding documents and have been put into operation, and the technical responsible party has assumed technical responsibility in the bidding document. Total responsibility. Its performance meets the requirements of the bidding documents.
(2) For products produced through Sino-foreign cooperation, the performance of the party in charge of technology shall meet the requirements of the bidding documents.
5. Principles for handling certain issues in the preliminary evaluation
(1) Joint venture bidding must have legal documents for joint bidding and clarify the responsibilities of each party. All bidding documents shall be issued in the name of the main bidder.
(2) The original bank credit certificate should be provided, or a copy of the credit certificate issued by the bank within three months before the bid opening date. The bidding agent and the project unit have the right to request a new original credit certificate based on the actual situation. If the original credit certificate cannot be provided, the bid may be cancelled.
(3) Domestic bidders shall participate in bidding according to the business scope registered with the industrial and commercial administration department, otherwise the bid shall be cancelled.
(4) The quotation is based on the country of origin of the equipment, and the ex-factory price (EXW) of domestic equipment is quoted. Please refer to Appendix 1 of the "Bid Evaluation Report Format" for the method of granting preferential bid evaluation prices to domestic equipment.
(5) If the bidding document stipulates that the formula method is used to grant domestic preferential treatment, when comparing and evaluating the bid prices, an increase of fifteen percent (15%) or additional The actual amount of customs duties and other import taxes payable, whichever is lower.
(6) In one bid, the bidder can only provide one plan for subcontractors, subcontracting proportions, subcontracting equipment and manufacturing plants, prices, etc., and there should be a subcontracting agreement. . Failure to meet the requirements may result in the cancellation of the bid.
(7) If a bidder copies the technical specifications of the bidding document as part of his bid, the bid may be invalidated.
(6) Review of bid evaluation results
1. After the preliminary evaluation of the electromechanical equipment bid is completed, the project unit and the bidding agent should promptly submit the bid evaluation report stamped with the official seals of both parties and signed by all the judges to each member unit of the National Evaluation Committee. The bid evaluation report shall be prepared in accordance with the "Bid Evaluation Report Format". Each member unit shall submit review opinions within seven working days after receiving a bid evaluation report that meets the requirements (failure to submit will be deemed to have no objection). If the member units of the National Evaluation Committee disagree with each other, they should convene a meeting within the next week. The review decision is made in accordance with the "Working Charter of the National Bid Evaluation Committee". After the project unit and the bidding agent receive the "Notice of Review of the Preliminary Evaluation Results" from the National Evaluation Committee, the bidding agent can submit the bid evaluation report to the World Bank for approval. If the World Bank has any objections, the project unit and the National Evaluation Committee of the bidding agent will make a decision. Corresponding explanations, clarifications and additions. Any changes to the award recommendation shall require the consent of the National Jury. After approval by the World Bank, the bidding agent can issue a notice of winning the bid. Before signing a supply contract for mechanical and electrical equipment that needs to be imported, they should be reported to the corresponding mechanical and electrical product import office according to "quota products", "specific products" and "registered products" (with the notice of the National Evaluation Committee, the bid winning certificate and the World Bank approval letter) ) handle relevant import procedures.
2. A two-step bidding process is adopted, and the bid evaluation results of each step shall be reported to the member units of the National Evaluation Committee for review.
3. Bid evaluation reports for superstructure projects and general commodity bids, local projects should be submitted to the corresponding local provincial finance department for record, and projects bundled by central and central ministries should be submitted to the Ministry of Finance for record.