The contents of this section belong to the knowledge points in the laws and regulations of tenderers.

Article 67 of the "Tendering and Bidding Law" stipulates: "For projects using loans and assistance funds from international organizations or foreign governments to conduct bidding, the lenders and fund providers have different regulations on the specific conditions and procedures for bidding. , its provisions may be applied, except those that are contrary to the interests of the People's Republic of China and the country. "Under normal circumstances, bidding for foreign loan projects shall comply with my country's current bidding laws and regulations, and shall be carried out in accordance with the requirements of the lender and the country. The fund provider shall implement the specific conditions and procedures for tendering and bidding as well as the regulations of the competent departments of various industries.

(1) Special regulations in the bidding process for mechanical and electrical products

Mechanical and electrical products that use foreign loans for international procurement must be in accordance with the "Implementation Measures for International Tendering of Mechanical and Electrical Products" and "Further Regulations" International bidding shall be carried out in accordance with the relevant provisions of "Relevant Provisions on International Tendering and Bidding Activities for Mechanical and Electrical Products". The Chinese government's special regulations on foreign loan bidding involve procedures such as the preparation of bidding documents, announcements, clarifications and modifications, bid opening, bid winning, and contract signing.

1) In the preparation of bidding documents, it should be stipulated in the bidding documents that only quotations and business contracts are allowed to be quoted and signed in the currency approved by the Ministry of Finance. The specific currency requirements are in accordance with the Ministry of Finance's "Declaration and Application of Foreign Government Loan Projects" "Notice on Issues Related to Currency Selection in Procurement Bidding" [Caibanjin (2003) No. 90] stipulates the selection. The bidding documents should also reflect the state's relevant tax incentives for successful bidders of foreign loan projects, and make targeted provisions for this in relevant chapters such as instructions to bidders, bid evaluation and qualification standards, and contract terms.

2) In addition to the publishing media specified by international bidding, the bidding announcement shall also be published in newspapers and periodicals designated by the lender if required.

3) Procedures such as review and modification of pre-qualification documents and bidding documents. If the lender has regulations that need to be submitted to it for approval, it should be submitted to the lender after completing the domestic approval procedures. If the lender has modifications If any opinions are received, modifications and filings will be made in accordance with relevant regulations.

4) During the bidding opening stage, when the bidding deadline arrives, bidders with less than 3 bidders can directly enter the bidding opening or direct procurement procedures of the two companies according to regulations.

5) During the bid-winning stage, the competent authority shall issue a "Notice of Bid Evaluation Results" through the "China International Bidding Network" within 3 days after the results are announced. The bidding agency shall submit the bid evaluation report to the lender based on the "Notice of Bid Evaluation Results", and upon approval by the lender, issue a bid winning notice to the winning bidder.

6) During the contract signing stage, some lenders stipulate that after the contract is signed, it must be submitted to the lender for approval or filing before it can take effect. The bidding agency and project unit should handle relevant procedures in accordance with their regulations.

7) To handle tax refund (exemption) procedures, follow the "Announcement on Matters Concerning Corresponding Adjustments to Certain Import Tax Preferential Policies" (No. 43, 2008) issued by the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation. Announcement), starting from January 1, 2009, the "Notice of the State Council on Adjusting Tax Policies for Imported Equipment" (Guofa [1997] No. 37) China encourages the development of domestic investment projects and self-use equipment imported by foreign investment projects. , imported equipment for foreign government loans and international financial organization loan projects, unpriced imported equipment provided by foreign investors in processing trade, and technology, accessories, and spare parts imported with the above-mentioned equipment in accordance with the contract, the import value-added tax will be resumed and will continue to be exempted within the original provisions. levy tariffs.

(2) Special regulations for individual loan categories

Special regulations for individual loan categories. In order to standardize certain types of loans, relevant departments of the Chinese government have also issued individual regulations and made a series of regulations on the details of the bidding and procurement work for this type of loan projects, such as the Ministry of Finance's "Tendering of Loan Projects Using the Nordic Investment Bank" Notice on Procurement Related Issues".