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Measures for the implementation and management of equipment procurement for port projects using foreign loans
Chapter I General Provisions Article 1 Using foreign loans (loans from international financial organizations and foreign governments) to purchase equipment is an important link in port construction and an inseparable part of port construction project management. In order to strengthen and improve the management of the industry, and make the equipment procurement of foreign loan port projects institutionalized and standardized, these measures are formulated. Article 2 The scope of application of these Measures is mainly the equipment procurement in the implementation stage after the signing of the loan agreement for foreign loan port projects. Bidding for water conservancy and civil engineering projects constructed with foreign loans shall be handled with reference to these measures. Chapter II Procurement Management Article 3 The competent department of capital construction of our Ministry is responsible for the procurement management in the implementation stage of foreign loan port projects. Article 4 The foreign procurement of port projects shall be entrusted by the project unit (hereinafter referred to as the owner unit) to a qualified foreign trade company (hereinafter referred to as the purchasing company) with strong business ability and good service reputation according to the relevant provisions of the state and with the consent of the competent department of the Ministry of Communications. Before the project procurement starts, the owner must sign an entrustment agreement with the procurement company. Article 5 The entrustment agreement shall specify the scope of entrustment, the division of responsibilities of both parties and their respective responsibilities and obligations. Article 6 The owner unit shall designate a procurement agency, and a competent leader shall be fully responsible for the procurement work.

When purchasing each item (or each item) of equipment, the person in charge of the project should be clearly designated. Article 7 The technical part (technical specifications) of the tender documents shall be compiled by the employer. The commercial part of the bidding documents is entrusted to the purchasing company for preparation.

Before purchasing, the owner is required to submit the technical specifications and commercial terms of the bidding documents to our department in quadruplicate in Chinese. According to the division of labor within the Ministry, it shall be audited by the relevant departments of the Ministry and reported to the National Import and Export Office of Mechanical and Electrical Products for approval.

According to the provisions of international financial organizations and foreign government lending institutions, it should also be reported to the audit.

The approved bidding documents can only be used for bidding and purchasing.

The English version of the tender documents sold to bidders must be consistent with the approved Chinese version of the tender documents.

Before purchasing, the owner shall submit one Chinese and one English version of the approved bidding documents to the competent department of the Ministry for the record. Article 8 The bidder's bid qualification examination is entrusted to the procurement company (including the preparation of qualification examination documents), and the owner participates in relevant work. Article 9 The production of bidding advertisements (including pre-qualification announcement before bidding), the handling of advertising business and the sale of bidding documents are entrusted to purchasing companies. Article 10 After the bid opening, in principle, the owner unit shall submit a copy of the bidder's bid documents to the competent department of the Ministry for the record. If necessary, the owner unit can also submit a copy of the bid documents together with the bid evaluation report to the competent department of the Ministry at the end of the bid evaluation. Article 11 The bid evaluation shall be conducted jointly by the owner and the purchasing company.

The bid evaluation, technical clarification, text description and evaluation of the technical part of the bid evaluation report and the form filling of the technical part are mainly conducted by the owner, with the participation of the purchasing company.

The bid evaluation, business clarification, text description and evaluation of the commercial part of the bid evaluation report and the form filling of the commercial part are mainly carried out by the purchasing company, with the participation of the owner.

Daily work (including contact and negotiation with foreign lending institutions, foreign companies and domestic manufacturers) is entrusted to the purchasing company.

The bid evaluation report is jointly prepared by the owner and the purchasing company.

Before the bid evaluation report is sent to the national jury, it shall be submitted to the competent department of the Ministry for approval. Article 12 Contract negotiation shall be conducted jointly by the purchasing company and the owner.

The commercial part of the contract is mainly negotiated by the purchasing company with the participation of the owner.

The technical part of the contract (including technical specifications) is mainly negotiated by the owner and the purchasing company participates. Article 13 In the contract execution stage, the purchasing company is entrusted to handle daily business externally. Chapter III Compilation of Technical Specifications Article 14 The main contents of technical specifications include: equipment name, supply scope and quantity, delivery date, delivery method, delivery place, receiving unit, main technical performance and parameters of equipment, detailed technical conditions and requirements in design, manufacturing, installation, commissioning and acceptance, spare parts requirements, design review requirements, manufacturing supervision, factory inspection, training, technical drawings and materials, etc. Its content and depth vary with the type, complexity and procurement method of the equipment. The technical specifications of international competitive bidding should be detailed and specific, with a certain depth to avoid ambiguity. For non-tendering procurement projects, technical specifications can be relatively short. Article 15 The model, main technical performance, parameters and quantity of the equipment in the technical specification shall meet the requirements of the preliminary design of the approved project. Article 16 The compilation of technical specifications shall be based on the actual needs of engineering construction and use after commissioning, taking into account the international advanced level and the level and ability of domestic manufacturers. Article 17 The compilation of technical specifications shall be fair and reasonable. The scope of procurement should be clear. Words and expressions should be expressed accurately and data should be correct.

The brand and manufacturer of the equipment cannot be specified in the technical specifications, and there should generally be more than three competitors. Article 18 The technical specification shall give a comprehensive and detailed description of the purchased equipment from the technical point of view, and the technical conditions and requirements shall be clear and reasonable.