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Notice of the Ministry of Foreign Trade and Economic Cooperation on the issuance of the "Measures for the Administration of International Bidding for Mechanical and Electronic Products"

Chapter 1 General Provisions Article 1 In order to regulate international bidding for mechanical and electrical products and establish an open and fair international bidding competition mechanism and fair evaluation criteria, in accordance with the "Interim Measures for the Administration of the Import of Mechanical and Electronic Products" approved and issued by the State Council ” and “Notice of the State Council on Strengthening the Management of Imported Mechanical and Electrical Equipment Using Foreign Loan Projects” specially formulated these measures. Article 2 The term “international bidding” as mentioned in these Measures refers to international open competitive bidding. Article 3 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 for electromechanical products nationwide, formulating international bidding rules and management measures and organizing their implementation, approving the qualifications of electromechanical product bidding agencies, and undertaking national responsibilities. The daily work of the bid evaluation committee. Article 4 The import and export management agencies of mechanical and electrical products in each region and department (hereinafter referred to as the import and export agencies) shall, in accordance with these Measures, be responsible for the supervision, coordination and management of the international bidding process for mechanical and electrical products in their respective regions and departments, and shall be responsible for the evaluation of the international bidding process for mechanical and electrical products in their respective regions and departments. the daily work of the bidding committee. Article 5 The international bidding agency for mechanical and electrical products (hereinafter referred to as the bidding agency) is responsible for the international bidding business for mechanical and electrical products. Article 6 The term “buyer” as mentioned in these Measures refers to state agencies, enterprises, institutions or other social organizations that purchase mechanical and electrical products through international bidding.

The term “tendering agency” as mentioned in these Measures refers to a legal person or social intermediary organization that has obtained bidding qualifications and is engaged in the international bidding business of mechanical and electrical products in accordance with the "Measures for the Qualification of International Tendering Agencies for Mechanical and Electrical Products" (to be published separately).

The term “bidder” as mentioned in these Measures refers to the legal person participating in the bidding competition in accordance with the bidding documents. Chapter 2 Bidding Scope Article 7 Mechanical and electrical products subject to mandatory international bidding:

(1) Mechanical and electrical products procured through international bidding as stipulated by the state. The specific catalog is formulated, adjusted and announced by the Ministry of Foreign Trade and Economic Cooperation;

(2) Use the World Bank, Asian Development Bank, Japan Overseas Economic Cooperation Fund (OECF), and the Export-Import Bank of Japan (hereinafter referred to as foreign loans) Procured mechanical and electrical products;

(3) Mechanical and electrical products that are required to be purchased through international bidding under government procurement;

(4) Mechanical and electrical products that are required to be purchased through international bidding by other lending institutions. Article 8 Mechanical and electrical products voluntarily entrusted with international bidding:

(1) For imported mechanical and electrical products managed by the state (such as quotas, specific products, etc.), if they are purchased through international bidding, the buyer shall go through the corresponding process. After the export agency reports to the Ministry of Foreign Trade and Economic Cooperation for approval (see attachment 1 for the application letter), it shall handle the bidding entrustment to the bidding agency;

(2) Import of mechanical and electrical products that are subject to automatic registration;

(3) ) Foreign-invested enterprises import mechanical and electrical products for their own use. Article 9 Except for foreign loan projects, bids may not be invited if one of the following circumstances applies:

(1) Using foreign government loans or export credits;

(2) No foreign exchange payment is required. ;

(3) Parts for production supporting purposes;

(4) Used mechanical and electrical products;

(5) One-time import amount is less than US$100,000 ;

(6) Other mechanical and electrical products that are not suitable for procurement through international bidding. Chapter 3 Bidding Documents Article 10 The buyer shall prepare bidding documents with the bidding agency or entrusted consulting service agency according to the procurement needs. It mainly includes the following contents:

(1) Bidding invitation;

(2) Instructions for bidders;

(3) Name, quantity and technology of the bidding products Specifications;

(4) Contract terms;

(5) Contract format;

(6) Attachments:

(1) Tender;

(2) Bid opening list;

(3) Bid quotation list;

(4) Goods description list;

(5) Specification deviation table;

(6) Bid bond format;

(7) Advance payment guarantee format;

(8) Legal person authorization letter Format;

(9) Format of manufacturer’s authorization letter. Chapter 4 Bidding Procedures Article 11 The buyer must sign a bidding entrustment agreement with a bidding agency qualified for bidding on mechanical and electrical products and provide a bidding deposit (except for projects using foreign loans). If the entrusted bidding amount is US$2 million or less, the deposit shall be 2% of the entrusted bidding amount; if the entrusted bidding amount is more than US$2 million, the deposit exceeding US$2 million shall not exceed 1% of the entrusted bidding amount. Article 12: Preparation of bidding documents. The bidding documents should include technical and commercial parts (including performance requirements for manufacturers and basis for bid evaluation), and important clauses should be marked with an "*". If one of them is not met, the bid will be cancelled. Article 13 The basis for bid evaluation shall, in addition to the terms of the commercial scrapped bid, also include: the main parameters and deviation range of the technical scrapped bid; the allowable deviation range of the price assessment and the calculation method of its discount. Article 14 The buyer shall submit the bidding documents, equipment purchase list, and relevant project approval documents to the corresponding import and export agency for review of the bidding documents in accordance with the "Interim Measures for the Administration of the Import of Mechanical and Electronic Products". The import and export agency must notify the buyer and relevant units within twenty working days (for small single equipment within ten working days) of the bid document review reply letter (see Format 1).

If you cannot reply within the specified time due to special reasons, you should promptly explain the reasons and the time required to be extended to the buyer. Article 15 No approved bidding documents may be modified without the consent of the corresponding import and export agency.