Implementation Measures For The International Bidding Of Electromechanical Products (For Trial Implementation)

Original Language Title: 机电产品国际招标投标实施办法(试行)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398640.shtml

Implementation measures for the international bidding of electromechanical products (for trial implementation)

    (Released February 21, 2014 2014 of 1th of Commerce since April 1, 2014) directory

Chapter I General provisions

Chapter II scope of tender

Chapter III tenders

Fourth chapter bid

Fifth chapter of tender and bid

Sixth chapter the bid result announcement and the winning bidder

The seventh chapter and handling complaints

The eighth chapter legal liability

    Nineth chapter by-laws

    Chapter I General provisions

    First article to specification electromechanical products international tender bid activities, protection national interests, and social public interests and tender bid activities party of lawful rights and interests of, improve economic, guarantee project quality, according to People's Republic of China tender bid method (following referred to tender bid method), and People's Republic of China tender bid method implementation Ordinance (following referred to tender bid method implementation Ordinance), legal, and administrative regulations and State on about sector implementation tender bid activities administrative supervision of duties Division, developed this approach.

Article in the People's Republic of China mechanical and electrical products in the territory of the international tender and bid activities, these measures shall apply.

International bidding of electromechanical products mentioned in these measures refers to People's Republic of China territory of the tenderer in accordance with procurement of machinery and electronic products the conditions and requirements, on a global scale through tenders inviting potential bidders to participate in the tender, and in accordance with the provisions of a procurement procedure from among the tenders to determine the winning bidder. Machinery and electronic products in these measures, refers to machinery and equipment, electrical equipment, transportation, electronics, instrumentation, electrical products, metal products, their parts and components.

    The specific range of mechanical and electronic products see annex 1. Third international tender and bid activities shall conform to mechanical and electrical products of openness, fairness, impartiality, honesty and merit.

    International bidding of electromechanical products not subject to restrictions in areas or sectors of activity. Fourth article commerce is responsible for management and coordination national electromechanical products of international tender bid work, developed related provides; according to national about provides, is responsible for adjustment, and announced electromechanical products international tender range; is responsible for supervision management national electromechanical products international tender agent institutions (following referred to tender institutions); is responsible for using international organization and foreign government loan, and assistance funds (following referred to abroad loan, and assistance funds) project electromechanical products international tender bid activities of administrative supervision

; Organization and management experts on international bidding of electromechanical products; responsible for international bidding for construction and management of mechanical and electrical products of electronic public services and administrative supervision platform.

The province, and autonomous regions, and municipalities, and bureaus, and Xinjiang production and construction Corps, and coastal open cities and the special economic zone business competent sector, and State about sector electromechanical products import and export management institutions is responsible for local district, and this sector of electromechanical products international tender bid activities of administrative supervision and coordination; is responsible for local district, and this sector belongs tender institutions of supervision and management; is responsible for local district, and this sector electromechanical products international tender assessment standard experts of daily management. Machinery and electronic products import and export management institutions at all levels (hereinafter referred to as departments) and their staff should perform their duties according to law, shall not in any way illegal interference in the tendering and bidding activities.

    Authorities in supervision and inspection staff aware of State secrets, business secrets, it shall be kept confidential. Fifth Ministry of Commerce commissioned a dedicated website for international bidding of electromechanical products the provision of public services and the administrative supervision of the platform (hereinafter referred to as tenders).

International bidding of electromechanical products should be built in bidding online tenders, tender pre-qualification of file archiving and filing, announcement, bid announcements, evaluation experts decimation, bid result announcement, opposition complaints, and bidding result announcements and other bidding procedures, except for the tenders involve State secrets.

    Bidding network organizer should provide, Commerce Department within the scope of networking services, shall abide by the laws, administrative regulations, and the regulations and must not harm national interests, public interests, and bid the legitimate rights and interests of the Parties shall not disclose confidential information and shall not refuse or delay handle trust matters within the scope of, within the terms of reference must not be used to charge the party.

    Chapter II scope of tender

Article sixth procured through tenders originating outside China machinery and electronic products, the following circumstances must be international tenders:

(A) the relationship between public interests, public safety infrastructure, public utilities and other projects for international procurement of electrical products;

(B) all or part of State-owned funds in investment projects for international purchasing of mechanical and electronic products;

(C) the project in whole or in part the use of national financing for international procurement of mechanical and electronic products;

(D) the use of foreign loans, aid projects to international procurement of machinery and electronic products;

(E) Government procurement projects in the international procurement of mechanical and electronic products;

(F) according to the law, administrative regulations require international bidding and procurement of machinery and electronic products. Clear purchase products from the customs territory of the country of origin in China, can not carry out international tendering.

Must be procured through international tenders, no unit or individual items of the preceding paragraph may not be piecemeal or in domestic tenders and the rest of international bidding.

    The Commerce Department formulated, adjusted and published items listed in the present article contains the main product range of international bidding.

Seventh under any of the following circumstances, without international tender:

(A) country (territory), gifts or grants of mechanical and electronic products;

(B) purchase for the purpose of manufacturing enterprises and research institutions to research and development sample prototype;

(C) the estimation of individual contract price in the standards prescribed by the State Council to tender the following;

(D) the purchase of used mechanical and electrical products;

(E) procurement of parts and components for production facilities, repair;

(F) procurement of supplies for production needs to die;

(VII) in accordance with provisions of laws and administrative regulations, is not appropriate for international bidding and procurement of machinery and electronic products.

    The tenderer may not for the provisions of the preceding paragraph apply deception Dodge tender.

    Eighth to encourage procurement through international tendering procurement people not part of the legally required for international tenders within the scope of mechanical and electrical products.

    Chapter III tenders

Nineth tenders by the Tenderer shall, in establishing, funding or funding in place and have bid the required technical information and other conditions for international bidding.

    In accordance with the relevant provisions of the State needs to fulfil the project approval, approval procedures for projects subject to tender according to law, its tender, tender, tender form shall first obtain approval, approval of project examination and approval, approval of the Department.

Article tenth of State-owned capital controlled or dominated by international bidding project must be carried out in accordance with law machinery and electronic products should be tender but have one of the following, you can invite tenders:

(A) the technical complexity, have special requirements or limited by the natural environment, only a few potential bidders to choose from;

(B) accounted for by public tender project contract amount is too large.

    Listed in the preceding paragraph, belongs to the provisions of the second paragraph of this article Nineth project, the Tenderer shall submit to the appropriate authorities before bidding the project approval, approval and approval, approval of the invitation to tender documents; others by invitation to tender the Tenderer shall apply to the appropriate authorities for that. 11th of the tenderer to authorize a procuratorial, choice of which the right to tender to carry out the tender.

No unit and individual shall in any manner specified for the tenderer the tender. Bidding themselves to carry out the tender, should have the project scale and adapted to the complexity of the technical, economic and other professionals, preparation of tender documents (in both English and Chinese) and the Organization's ability to bid.

    Project subject to tender according to law, the tenderer to complete the tender shall be made to the appropriate departments.

12th Tenderer shall have to engage in the procuratorial tender business premises and corresponding funding to prepare the tender documents (in both English and Chinese) and organizational evaluation of the corresponding expertise; has achieved a certain number of bidding and professional qualification of professionals.

Tender body engaged in mechanical and electrical products in international tendering business, should be bidding website registration is free and registration should the bidding website international tender for electromechanical products online registration form. The tender shall, within the scope of the tenderer in the procuratorial tender business, no unit or individual may illegally interfere. Tendering agencies engaged in international tendering business of mechanical and electrical products should be for labor contract relation with the institution's employees.

Tender may conduct business across the region according to law, any registered and departments shall not impose restrictions on the way.

Tender tender business agent, shall comply with the tendering and bidding law, public bidding law regulations for the implementation of these measures and provisions on tender; tender, not fraud to the detriment of national interests, public interests and the legitimate rights and interests of the tender, bidders.

The tender Tenderer shall, together with the Commission to enter into a written contract, set forth the matters entrusted and the delegate permissions, contract fees shall conform to the relevant regulations of the State.

Tender body shall not accept a tender illegal contents and requirements of the delegate; not in the proxy bid or proxy bid in the tender or the tender agent by the advice provided by the proponent of the project.

    Tender management measures shall be formulated separately by the Department of Commerce.

    Article 13th prequalification notices, tenders or before issuing the invitation to tender, tender or the tender should be bidding online for project documentation, filing includes project name, name and nature of the tender, tender, tender forms, commissioned by the tender name, source of funds and property, bid amount, project examination and approval Department, Department, and so on.

Article 14th tender who adopts the public tender method shall issue a tender announcement.

    Tender invites tenders, shall apply to 3 or more have to undertake the project, good credit the specific legal person or other organization issued the invitations to bid.

15th prequalification notices, tenders or invitations to bid shall specify the following:

(A) project name implementation, funding or funding;

(B) the tenderer or tender names, addresses, and contacts;

(C) tender product name, quantity, a brief technical specification;
(D) obtaining prequalification or tender documents of place, time, manner and costs;

(E) submission of prequalification documents or file locations and deadlines;

(F) the place and date of bid opening;

    (G) the eligibility requirements for the prequalified applicants or bidders.

    16th a tenderer shall not be bidding law regulations for the implementation of article 32nd restriction, exclusion of potential bidders or bidders. 17th open bidding project, the Tenderer prequalification of potential bidders can be. Pre-qualified in accordance with tendering and implementation regulations for the implementation of the relevant provisions of the law.

    Dominance of State-owned funds accounted for holding or project subject to tender according to law, eligibility Committee and its members shall comply with the provisions of the relevant evaluation Committee and its members.

    18th international bidding project preparation must be carried out in accordance with law machinery and electronic products the prequalification documents and solicitation documents, you should use the international bidding of electromechanical products the standard text. 19th electromechanical products procured by the tenderer in accordance with characteristics of and the need for the preparation of tender documents.

Tender documents include the following:

(A) the tender notice or invitation to tender;

(B) the instructions to bidders and bid data sheet;

(C) tender product name, quantity, technical requirements and other requirements;

(D) the evaluation methods and standards;

(E) the terms of the contract;

(F) contract form;

(VII) file format and the material requirements of the tender:

1, tender;

2, in the bid;

3, item tender offer sheet;

4 product description list;

5, response/deviation form technical specifications;

Response/deviation form 6, commercial terms;

7, tender deposit a bank guarantee;

8, owners authorization;

9, proof of eligibility;

10, performance bond a bank guarantee;

11, the advance payment bank guarantee;

12, sample letter of credit;

    13, bidders are required to provide additional material. 20th in the tender documents shall specify the evaluation methods and standards. International bidding of electromechanical products bid with the lowest evaluated price. High technology, process or technical solution of complex or large equipment tender bid evaluation method could be used. All evaluation methods and criteria should be considered as an integral part of the tender documents and the potential tenderers.

Not provided for in the tender documents evaluation methods and standards should not be used as tender basis.

The lowest bid evaluation method, refers to the bids met the tender documents for business, technology and other substantive requirements of the premise, in accordance with the price assessment factors set out in the tender documents and the methods of evaluation, each bidder's bid price, and according to the bidder's bid price from low to high order determines the successful candidate's evaluation.

Comprehensive evaluation method, refers to the premise of the bids meet the substantive requirements of the tender documents, as set out in the tender documents of the evaluation factors and methods of integrated evaluation of the bids, bidders evaluation results determined by the order of the superior to the inferior method of the assessment of the successful candidate. Comprehensive evaluation method should be determined by content, evaluation criteria, evaluation procedures and principles of recommending the successful candidate and so on.

Comprehensive evaluation method based on project specific needs, setting business, technology, price, services and other content standards and corresponding weight given to each evaluation element.

    Code of practice for international bidding evaluation method for mechanical and electrical products by the Ministry of Commerce shall be formulated separately. Article 21st tender documents technical, business and other terms should be clear, explicit, unambiguous, may not establish discriminatory or unreasonable demands preclude potential bidders. Tender documents shall in principle meet 3 or more potential bidders to participate in the competition.

Preparation of the tender documents shall comply with the following provisions:

(A) the important provisions of the tender documents (parameters) to asterisk ("*"), and indicate if you do not meet any of the asterisk ("*") terms (parameter) will be deemed not to meet the substantive requirements of the tender documents, and result in the bid being rejected.

Form the basis bid rejected the bid in addition to important terms (parameter) does not meet, but can also include more than general terms (parameter) deviate from the maximum range, the maximum number of items allowed in. Used minimum assessment price method assessment standard of, assessment standard according to in the should including: general business and technology terms (parameter) in allows deviated from range and terms number within for assessment standard price adjustment of calculation method, each General technology terms (parameter) of deviated from increases General for the equipment bid price of 0.5%, highest shall not over the equipment bid price of 1%, bid file in the no separate lists the equipment points items quotes of, assessment standard price adjustment Shi by bid price calculation; delivery period, and

Deviation from terms of payment and other business terms in the fare calculation method in the tender documents can be stipulated separately.

Comprehensive evaluation method is used, should be set out in the tender documents together all asterisk ("*") key terms (parameter).

(B) the tender documents shall clearly set forth the substantive response to tender document requirements item tender offer allows missing the biggest scope or proportion, and indicate the missing item exceeds the maximum allowed range, or share, the bid will be considered substantive tender document requirements are not met, and will result in the bid being rejected.

(C) the bidders in the tender documents shall specify file should be small check the contents, which quotes part of the bidding documents, important business and technical terms (parameter) response by page contents should be, such as a small sign. (D) the tender documents should be clearly defined to allow the monetary and price, and indicate whether this provision is important in business terms.

Tender documents do not accept selective quotation or additional conditions shall be clearly stipulated price. (E) the tenderer with the highest bid price, shall be specified in the tender documents the highest bid price or highest bid limit calculation method.

Tenderer may not set the minimum bidding price. (F) the tendering documents should clearly stipulate the bid according to the bidder's performance, financial, credit and other business terms and technical parameters, you may not use vague and loosely defined terms or indicators as an important business or technical terms (parameter) or as a basis for price adjustment.

Tender documents requested by the bidder qualification, should set out the qualifications requested by name and identified bodies and submission of supporting documents in the form of, and appropriate professional qualification within the time provided in the real and effective.

(VII) the tenderer in the tender documents will be published by the relevant departments for administrative supervision of credit information as a basis for the bidder's qualification requirements.

(H) the tender documents shall comply with the relevant national safety, health, environmental protection, social responsibility, quality, energy consumption, standard provisions and other laws and regulations.

(I) the tender documents allows the Consortium bid, should clearly establish the consortium leader and the qualifications of the consortium members and other relevant requirements.

(10) the tender documents allows the bidder to provide alternatives, bidders shall be clearly stipulated in the tender document, provides only one option and specify the primary alternative, and the alternative bid shall not be higher than the main alternative. (11) the tender documents should be clear when the bid price is calculated within the customs, product calculation method, and specify the destination should be clear. Apart from foreign loans and aid projects, should contain the total bid price of goods before they reach the tenderer specifying destination for all costs and expenses.

Of which: Outside closed products: CIF import link tax + price + domestic shipping and insurance (others means such as using CIP, DDP, reference to this method to calculate the bid price) and tender prior to the deadline of imported products: sales prices (including import tax, sales tax) + domestic shipping and insurance. Customs territory of manufactured products: the ex-factory price (including VAT) + GST (if applicable) + domestic shipping and insurance.

Price adjustment, when calculating the bid price should include deviation increases. (12) tender file should clear bid file of capital amount and lowercase amount not consistent of, to capital amount for associate; bid price amount and by points items quotes summary amount not consistent of, to points items quotes amount calculation results for associate; points items quotes amount decimal has obviously dislocation of, should to bid price for associate, and modified points items quotes; should clear tender file, and bid file and assessment standard report using language of type; using two species above language of,

    Should make it clear when content is inconsistent, the language version shall prevail. 22nd tender documents shall specify the period, to ensure that the Tenderer has enough time to complete the evaluation and calibration, as well as contract.

    From the tender documents for the submission of tender validity period as of the date of the tender documents. 23rd a tenderer in the tender document required bidders to submit a bid bond, bid bond shall not exceed the estimate price of tender 2%.

Bid security shall be consistent with the bid validity period the validity period.

Project subject to tender according to law in the territory of the tenderer, in cash or check form submitted by the bid security should be a basic account.

Bid bond can be issued by a bank guarantee or irrevocable letter of credit, transfers, cheques, bank drafts at sight, can also be a form of tender document requirements other legal guarantees.

Consortium bid, should be based on a consortium for joint tender bid deposit paid as agreed upon in the agreement be submitted to party or submit a bid bond is the governing, to bid on behalf of a party, each party to the consortium shall be binding.

    The Tenderer shall not misappropriate a bid bond.

    24th a tenderer or tender in the prequalification documents or tender documents are available for sale at the date of the prequalification documents or upload release draft tender net Archive.

    Project subject to tender according to law of 25th prequalification notices and tenders shall comply with media laws and tenders online. 26th a tenderer shall determine the bidder reasonable time required for preparation of the tender documents.

Project subject to tender according to law, from the date of tender documents for sale until the date of bid closing, shall not be less than 20th.

Sale of tender documents shall not be less than 5 business days.

    Paper placed on the tender bidding documents and bidding documents have the same legal effect of electronic media, unless otherwise agreed, inconsistencies in paper tender documents shall prevail. 27th tender notices is not purchasing the tender document shall not take part in the tender, tender documents after the closing of the sale period, purchase the tender documents potential bidders is less than 3, the tenderer may, in accordance with the way new.
New potential bidder or bidders is less than 3, may, in accordance with the relevant provisions of the second paragraph of article 46th.

    28th before opening, tender, tender bodies and relevant staff members shall not be disclosed to others to obtain tender documents potential bidders in the name, number, and other information about bidding that may affect fair competition. 29th tenderer to have issued the prequalification documents necessary to clarify or modify or the tender documents. Clarified or modified of content may effect qualification pre application file or bid file prepared of, tender people or tender institutions should in submitted qualification pre file as time at least 3 recently, or bid as time at least 15th Qian, to written form notification all gets qualification pre file or tender file of potential bid people, and upload tender network archive; insufficient 3rd or 15th of, tender people or tender institutions should extended submitted qualification pre application file or bid file of as time. The clarification or modification as part of a prequalification or tender documents.

Clarification or modification of the content involves inconsistent with the prequalification notice or the tender notice, in the prequalification notice media published or the tender notice and tender posted the announcement.

    Resulting from the objection or complaint handling of prequalification documents or clarification or modification of the tender documents, it shall be executed in accordance with the provisions of the preceding paragraph.

    30th a tenderer who extended the bid closing time, at least in the tender documents before the deadline for the submission of bid documents 3rd, will change the time a notice in writing to all get tender documents potential bidders and bidding posted the announcement.

31st except for force majeure reasons, tender documents or prequalification documents issued, not be returned; the tenderer in the tender notice is published, the issuance of invitations to bid or send out the tender documents or may not terminate the tender after pre-qualification documents. Termination of the tenderer the tender shall be promptly announced or notified in writing to be invited or get the prequalification documents, solicitation documents potential bidders.

    Is sale of the prequalification documents, solicitation documents or has charge of the bid, charged by the Tenderer shall be returned in the prequalification documents, tender document fee and charged by a bid bond and bank deposit interest.

    Fourth chapter bid

Articles 32nd to the bidders in response to tenders, legal persons or other organizations participating in the bidding.

A stake with the tenderer may affect the fairness of bid legal persons or other organizations may not participate in the bidding; entrusted to participate in projects and tender documents prepared by legal persons or other organizations may not participate in the tender to be entrusted with the project, nor the bidders for the project preparation of the tender documents or provide advice.

Unit headed by the same person or different units with holding, relationship management, shall participate in the same tender package for the project bidding, together forming a consortium to bid otherwise.

    Violation of the provisions of the preceding three paragraphs, tenders shall be void. Article 33rd bidder shall, in accordance with the tendering documents for the preparation of bid documents, and according to their own business and technical capabilities of the tender document requirements and conditions in the tender documents, give a real response.

    All content within the period of validity of the tender documents should be valid.

Article 34th bidders in the asterisk ("*") the important technical terms (parameter) should be provided in the tender documents, technical support information.

    Technical support information to manufacturers publicly available print materials, testing Agency inspection report or other form shall prevail in the tender documents allows anyone who does not comply with the above requirements, shall be deemed null and void the technical support information.

    35th bidders before bid opening date should be provided within 3 months from its opening a basic account of bank credit issued by the Bank of the original or a copy of it. Article 36th potential bidders or any other interested person objects to the prequalification documents, prequalification documents shall be submitted in due time before the 2nd to the tenderer or tender bodies, and objection to the content upload bidding website; the tender document object, shall, before bid closing time on 10th to the tenderer or tender bodies, and objection to the content upload bidding website.

    The tenderer or tender shall be replied within the 3rd days after receipt of the objection, and upload tender responses content network before making a reply shall suspend the bidding and tendering activities.

    37th prepared by the Tenderer prequalification documents, tender document content contrary to mandatory provisions of the laws and administrative regulations, violate the principle of openness, fairness, impartiality and good faith, influence outcomes or potential bidders to prequalify, the tender of the project subject to tender according to law should be modified prequalification documents or when tender. 38th article bid people in tender file requirements of bid as time Qian, should in tender network free registered, registered Shi should in tender network online fill in enrollment bid registered registration table, and will by bid people stamped seal of enrollment bid registered registration table and the business license (copies) submitted to tender network; outside bid people submitted location registration proved material (copies), bid people no seal of, submitted by units head signed of enrollment bid registered registration form.

    Prior to the bid closing time, registered bidder does not bid network may not participate in the bidding, except for special reasons. 39th requested by the bidder in the tender document tender prior to the deadline, shall be prescribed in the bidding documents bidding documents bidding sites. Bidders can tender prior to the deadline specified in writing inform the tenderer, Supplement, modify or withdraw the tender documents submitted. Supplement, modify the content should be treated as part of the tender documents.

    Bidders may not bid in the tender documents after the deadline for add, modify. 40th bidder should be in accordance with the requirements in the tender documents and the tender documents for packing and sealing.

    Bidders in the tender prior to the deadline to submit tender declarations of price changes and other relevant content, should be sealed or the individual together with the bid and add significant mark in order to sing together at the time of bid opening.

41st not pre-qualified for bidding documents submitted by the applicant, and late or not in accordance with the bid invitation documents require the sealed tender documents, tender shall be rejected.

    Tenderer or tender shall truthfully record bid document delivery time and condition of seals, and archived for future reference.

42nd the tender documents allows the Consortium bid, two or more legal persons or other organizations may form a consortium to jointly submit a bidder. Each party to the consortium shall have the appropriate capacity to undertake the project; state regulations or provisions of the tender documents qualifications for bidders, each party to the consortium shall meet the prescribed qualifications.

Units of the same profession form a consortium, according to level of qualification in lower unit to determine qualification levels. Each party to the consortium shall enter into a joint bidding agreement expressly agreed upon the parties intend to work and responsibility and joint bidding agreement together with the bid documents submitted to the tenderer.

The Consortium bid, each party to the consortium shall jointly signed a contract with the tenderer, the winning project bid assume joint and several liability.

    Consortium in the same tender package in its own name in a separate bid or take part in other Consortium bid, bids shall be void.

43rd bidder should be in accordance with the requirements of the tender documents, bid before the deadline for submission of the tender documents submitted to the tenderer or tender.

Bidders in the tender prior to the deadline to withdraw the bid documents submitted, tenderer or tender has charge of the bid, shall from the date of receipt of the written notification of withdrawal of bidders in the 5th returned. Bidders after bid closing of withdrawal of tender documents, the tenderer may not refund the deposit.

    Tender offered to extend the bid validity period but the bidder refuses, the Tenderer shall refund a bid bond. 44th bidder for merger, Division, bankruptcy and other major changes have taken place, it shall promptly inform the tenderer in writing.

    Bidders no longer meets the prequalification documents, solicitation documents specified qualifications or their bid affecting the fairness of bidding, the bid invalid.

    45th prohibits the implementation of the tendering and bidding law section 39th, 40th, 41st, 42nd, bidder collusion under tender, tenders and bidders bid-rigging, bidder to bid in the name of another person or otherwise acts of deception.

    Fifth chapter of tender and bid Article 46th bids shall be established by the tender documents open at the same time of the deadline for submission of the tender; bids should be predetermined locations in the tender documents.

Presided over by the tenderer or tender of bid opening, and all bidders shall be invited to attend. Bidders with less than 3 may not bid, the Tenderer shall, in accordance with the way new; identified bidders after the bid opening shall stop the bid of less than 3, the Tenderer shall, in accordance with the way new.

Once the bid bidders are still less than 3, you can enter two or an opening bid; according to the relevant regulations of the State needs approval, approval procedures for projects subject to tender according to law, after project approval, approval and approval, approval may no longer tender. Identified the bidder number, two or more bidders of bid the product for the same manufacturer or Integrator, a bidder identification.

For more integrated or agents with the same manufacturer's products as part of its package for the project, and the project package is the sum of the prices of the same products exceeded their bid price 60%, by a bidder identification.

    Foreign loans, aid projects, funding requirements when bidding deadline arrives, bidders with less than 3 have direct access to the bid opening procedures can apply its provisions.

47th when opened, by the bidders or their elected representatives would have sealed bidding document, also can be used by the delegates of the notarial examination and notarization; after it has been confirmed, opened in public by the staff, read out the names of bidders, bid price, and other elements of the bidding documents.

Tenderer in the tender documents for the submission of bid documents received before the deadline for all bids, bids shall be opened, and read out in public. Bidders bid, bid statement (price changes or other statement) should sing together at the time of bid opening, or at the time of the bid is not accepted.
Bid price should not be included in the tender documents the requirement of product or service prices.

    48th disagrees with the bidder to bid, should be submitted in the opening scene, the tenderer or tender should respond on the spot and making records.

    49th tenderer or tender bids made bids should be recorded, and uploaded within 3 working days after the bid opening bidding website archive. 50th bid by the tenderer in accordance with these measures formed Bid Committee.

    Project subject to tender according to law, the bid Committee by the tenderer representatives and related fields for over 8 years and have senior professional titles or have equivalent professional level technical, economic and other relevant experts in the field of membership for 5 or more singular, including technical, economic and other experts not less than 2/3 of the total number of members. 51st project subject to tender according to law, expert required for international bidding of electromechanical products, in principle, by the tenderer or tender bidding online from national, local experts in the professional categories generated by randomly. No unit or individual shall not express or imply that any way specified or disguised experts designated to participate in the bid evaluation Committee members.

But complex technology, professional or special requirements of the State, randomly determined by experts to ensure that their competent bid special project subject to tender, after the corresponding authorities, can be directly determined by the tenderer bidding evaluation experts.

Extraction of bid evaluation expert required time shall not be earlier than the opening time of 3 business days; in the same package for the project bidding, evaluation experts from the same corporate units shall not exceed the total bid evaluation Committee of 1/3. Randomly selected the number of experts required for the actual number of experts.

An international tender bid amount at more than $ 10 million package for the project required over 1/2 of experts should be drawn from a national expert. Extract bidding website evaluation expert should be used randomly auto-notification system.

Apart from the expert cannot participate in the circumstances and should be avoided, not waste experts, chosen at random.

    International bidding of electromechanical products expert and expert management measures shall be formulated separately by the Department of Commerce. 52nd with bidders or those who have a stake in the manufacturer shall use the related project evaluation Committee, evaluation expert should not participate in the bid and have a stake in their projects, and should be active avoidance; have been entered should be replaced.

Department staff may not serve as members of the bid Committee of this body is responsible for monitoring the project. The tender of the project subject to tender according to law non-bidding law, public bidding law implementing the provisions of the Ordinance and these rules, subject matter, cannot be established by law members of the bid Committee.

    Replace the members of the Evaluation Committee of experts should be carried out in accordance with this article 51st.

53rd lists of members of the bid Assessment Committee shall be kept confidential before the bidding result determined, if leaked, apart from holding parties accountable, and also should be reported to the appropriate authorities after change in time.

Before the bid, no person shall mark experts disclosed its bid will be participating in project tender, bidders about the situation and any other confidential information. Tendering and bidding institutions should take the necessary measures to ensure the evaluation conducted in strict confidentiality.

No unit or individual may unlawfully interfere with, influence the bid evaluation process and results.

    Impact of bid results, the bid invalid.

54th Tenderer shall provide information necessary for the evaluation of the bid Committee, but to the members of the bid Assessment Committee shall not express or imply its favoring or excluding a particular bidder. The Tenderer shall, in accordance with the project scale and technical complexity and other factors in determining reasonable evaluation time.

Over 1/3 of the Evaluation Committee members felt that the bid didn't have enough time, the Tenderer shall be extended appropriately. In the bidding process, Evaluation Committee members the withdrawal cause, absence from duty or because of health or other reason can no longer bid should be to bid when daily after the corresponding competent authority according to the short number of experts again randomly, the timely replacement.

    Replaced members of the bid Assessment Committee to review conclusions invalid, by replacing members of the bid Assessment Committee to review it. 55th should start on the opening day of the bid Committee for evaluation. There are special reasons cannot bid on the day, bid documents shall be sealed, and within 48 hours of the commencement of the bid after the bid opening. Members of the bid Assessment Committee shall, in accordance with the bidding law, public bidding law implementing the provisions of the Ordinance and these rules, in accordance with the provisions of the tender documents, bid evaluation methods and standards, independent, objective and impartial review comments on the tender documents.

Tender documents does not require the evaluation methods and standards may not be as a basis for evaluation.

    Members of the bid Assessment Committee shall not privately contacts bidders may not accept property or other benefits from the bidders, the Tenderer shall not be sought to determine the winning bidder's intention, any units or individuals shall not accept express or imply favoring or excluding a particular bidder's request made, there shall be no other objective, not just perform the function behavior.

    56th lowest bid evaluation method evaluation, substantive in both commercial and technical terms to meet the tender document requirements, who bid the lowest price as the first-ranked successful candidate; a comprehensive evaluation method of bidding, were substantive in terms of business, technology meets the tender document requirements, optimal comprehensive evaluation for the first-ranked successful candidate.

57th in the business review process, any of the following circumstances, should be rejected tender:

(A) the bidder or the manufacturer has an interest with the tenderer may affect the fairness of bid;

(B) documentation for the bidders to participate in projects or tenders;

(C) the different bidders unit headed by the same person or holding, management relations;

(D) signing is not required by the bidding documents bidding document;

(E) the bidding consortium failed to submit joint bidding agreement;

(Vi) Bidder bids, qualification material is not provided, or does not comply with State regulations or requirements of the tender documents;

(G) the same bidders to submit two or more different bid or tender offer, but except for tender documents required to submit options;

(H) the bidder does not bid invitation documents require the submission of bid bond or deposit is insufficient, guarantee period insufficient bid or bid bond issued by a bank does not meet the requirements of the tender documents;

(I) the tender documents do not meet the tender asterisk ("*") key business requirements;

(J) the bid higher than the tender documents a set maximum limit;

(11) the validity of bids is insufficient;

(12) for bidders to bid-rigging, fraud, bribery and other illegal acts;

(13) there rejected bids set out in the tender documents of other commercial terms.

    Materials listed in the preceding paragraph after the bid opening shall not be clarified, after this; tender documents requests for originals, originals should be provided, or to veto its bid.

    Article 58th of prequalified, and business review qualified bidders can no longer because their qualifications are not qualified to reject its bid, but the qualifications of the bidders in the tender period there have been substantive changes except that no longer meet the eligibility requirements.

59th Technology appraisal process, any of the following circumstances, should be rejected tender:

(A) the tender documents do not meet the tender specifications in the asterisk ("*") key terms (parameter), or an asterisk ("*") key terms (parameter) without meeting the requirements of the tender documents technical information support;

(B) tender documents the technical specifications in the General parameters exceeded the maximum allowed deviation range or a maximum number of items;

(C) technical specifications of the tender file response to untrue or false bids;

(D) the bidder copying the relevant parts of the technical specifications of the tender document as part of its tender documents;

    (E) the rejected bids set out in the tender documents of the other technical provisions.

60th lowest bid evaluation method tender price reviews carried out according to the following principles: (A) evaluation based on the bid in the tender documents. When calculating the bid prices, part of the price adjustments are required, and should be adjusted according to the content of the bidding documents and bidding documents and instructions.

Tender documents included in the bid price requirement of products or services, at the time of the bid will not be reduced;

(B) except for foreign loans and aid projects, when the bidding price is calculated, to the goods reach the tender based on the specified destination;

    (C) the tender documents allows the bidding in multiple currencies, at the time of bid prices shall be based on the Bank published for the first time on opening day to bid spot exchange selling rate for RMB currency in foreign currency of bid currency conversion to calculate the bid price.

61st comprehensive evaluation method when the bid, according to the following principles:

(A) the evaluation approach should fully take into account all possible bids in response to each evaluation indicators, and every possible evaluation of bid responses should correspond to a specific value may not correspond to more than one assessment or evaluation of value, except for two-step evaluation method.

For general design, and general programme, to quantitative compared of evaluation content, can take two step evaluation method: first step, assessment standard Committee members independent determine bid people the items evaluation content of pros and cons grade, according to pros and cons grade corresponds to of evaluation value arithmetic average Hou determine the bid people the items evaluation content of average grade; second step, assessment standard Committee members according to bid people of average grade, in corresponds to of score interval within to out evaluation value.

(B) the price evaluation should conform to the principles of low priority and economy, and clearly provides that review effective bidder with the lowest price to highest price evaluation appraisal value price assessment is the largest possible value and price is the minimum value shall be respectively the highest evaluation value and zero values. (C) the Evaluation Committee should be ranked based on the comprehensive evaluation of each bidder.

    Comprehensive assessment values are the same, in accordance with the prices, technology, business, services and other content priorities, ranked according to the evaluation. 62nd tender documents allow options, the bid Committee to review the alternative bidder, bid the main options should prevail. Options should be substantive response to the tender documents. Providing two or more options or failure to indicate the main alternative, the tender shall be rejected.
Where the bid price is higher than the main alternative option, the option will not be accepted.

    63rd bidder shall, in accordance with the tendering documents and technical requirements of the product item list of supplied products and offer. Bidders bid gaps in excess of the tender documents allows the scope or proportion, substance deviate from the tender documents required, the bid Committee should reject the bid.

    Gaps items in tender file allows of range or share within of, assessment standard Shi should requirements bid people confirmed gaps items whether contains in bid price in the, confirmed contains of, will other effective bid in the the items of highest price meter into its assessment standard price, and according to this assessment standard price on its general business and technology terms (parameter) deviated from for price adjustment; confirmed not contains of, assessment standard Committee should rejected its bid; signed contract Shi to bid price for associate. 64th in the tender documents are ambiguous content, clear text or calculation errors, the bid Committee believes require bidders to make the necessary clarification, description, it shall notify the bidder.

Bidder clarification, descriptions should be in writing within the time stated in the bid evaluation Committee submitted and may not go beyond the scope of the tender documents or change the substantive content of the bidding documents.

Bidder the tender documents do not respond to asterisk ("*"), an important commercial and technical terms (parameter), or an asterisk ("*") the important technical terms (parameter) does not provide technical support information meet the requirements of the tender documents, the bid Assessment Committee shall not be required to clarify or substitute it.

    Evaluation Committee shall not be induced by implied or clarification from the bidder, a description shall not accept bidders offered clarification, description.

65th Bid Committee review, believes that they fail to meet the requirements of the tender documents, it may reject all bids.

    All bids for the project subject to tender according to law was rejected, the Tenderer shall, in accordance with this approach to bidding again. 66th after the bidding is completed, to the tender evaluation Committee shall submit a written evaluation report and list of the successful candidate.

The successful candidate should be no more than 3 and indicates the sorting. Every Member of the Evaluation Committee should separately fill out members of the bid Assessment Committee evaluation form (see Appendix 2), the bid evaluation form is an essential part of the bid evaluation report. Evaluation reports shall be signed by all members of the bid Assessment Committee. Different comments on the evaluation results of the members of the bid Assessment Committee shall in writing of their views and reasons, evaluation reports should indicate the different views.

Members of the bid Assessment Committee refused to signed bid evaluation report does not state the different opinion and reasons, and as a result agreed to bid.

    Experts are employed to undertake specific projects end, bidding or tendering should be bidding website for expert ability to perform their duties, levels, and other aspects of the evaluation, the assessment results into excellent, competent and incompetent.

    Sixth chapter the bid result announcement and the winning bidder 67th project subject to tender according to law, the tenderer or tender bid shall be based on the evaluation report completed table of result announcement, and receipt of the bid Assessment Committee to submit a written evaluation report within 3rd day of tender bid result announcement online.

Evaluation results should be a one-off publicity, the public notice period of not less than 3rd. Lowest bid evaluation method evaluation, in the form of the bid result announcement includes "the successful candidate ranked" and "bidder and manufacturer's name", "bid price" and "comments". Review of each bidder should be in business, technology and price reviews aspects of the bid result announcement table, respectively, fill, fill in the content should clarify the tender documents required and the response of bidders.

General terms of business and technology (parameter) deviate from price adjustment, at the time of the bid result announcement, the tenderer or tender shall specify the price adjustments of publicity based on deviation from the content, methods of calculation, of bid documents and the corresponding rate adjustments. Comprehensive evaluation method of bidding, in the form of the bid result announcement includes "the successful candidate ranked" and "bidder and manufacturer's name", "evaluation", "business, technology, price, service and other categories, such as evaluation of project appraisal value" and "comments".

Review of each bidder should clarify the tender documents required and the response of bidders. Use of foreign loan and aid projects, the tenderer or tender shall submit a written receipt of the bid evaluation committee evaluation report within 3rd of capital providers to submit evaluation reports and from the date it was issued no objection within the 3rd in the tender bid result announcement online.

    Funding parties of objections to the bid evaluation report, the tenderer or tender should be provided in the financing of observations reported to the appropriate authorities, and in accordance with these measures to give new tender or bid again. 68th bid after the announcement of the results, the parties can view the contents of the bid result announcement of bid network.

    Tenderer or tender bidders should be required to explain the content of publicity. 69th bidder or any other interested person on the evaluation results of projects subject to tender according to law has objections, should be on the publicity to tenders or tender bodies, and objection to the content upload bidding website.

The tenderer or tender shall, from the date of receipt of the objection within the 3rd reply and upload tender responses content network before making a reply shall suspend the bidding and tendering activities. Itemized statement of objections answer the objection should be, but not the bids of the other bidders secret.

Not reflected in the bid evaluation report does not meet the requirements of the tender documents in other areas cannot be a reply to objections based on deviation.

    The original Evaluation Committee in accordance with the provisions of the tender documents and standards review confirmed that changes the original bid results, bid results after the change should be carried out in accordance with these measures public. 70th tenderer on the basis proposed by the bid Committee and a written evaluation report and recommended the successful candidate to determine the winning bidder. The tenderer may also authorize the bid Assessment Committee to directly determine the winning bidder. Dominance of State-owned funds accounted for holding or project subject to tender according to law, and the use of foreign loan and aid projects, a tenderer shall determine the successful candidate ranked first as the winning bidder.

    First-ranked successful candidate to abandon bid, due to force majeure cannot fulfill the contract, not according to the tender documents required to submit a performance bond, or verified violations affecting the bidding result, where the winning conditions are not met, the tenderer can bid Committee list of winning candidates in order to determine the successful candidate for the winning bidder can also re-bid.

    71st article assessment standard results publicity no objections of, publicity period end Hou the assessment standard results automatically entered into force and for bid results announcement; assessment standard results publicity has objections, but objections replies Hou 10th within no complaints of, objections replies 10th Hou according to objections processing results for announcement; assessment standard results publicity has complaints of, corresponding competent sector made complaints processing decided Hou, according to complaints processing decided for announcement. 72nd project subject to tender according to law, after the winning bidder is determined, the Tenderer shall be announced in the bidding result given to the winning bidder in the 20th after winning notification, and would bid in the bidding result after the 15th report (see annex 3) to submit to the appropriate authorities.

Winning notification can also be entrusted to it by the tenderer the tender issued.

    Use of foreign loan and aid projects, objection or complaint results inconsistent with the submitted bid report for funding, the tenderer or tender shall, in accordance with objections or complaints modify the results of the bid evaluation report, and report the revised bid submitted to the Fund providers, the notice of no objection sent to the winning bidder the winning bidder. 73rd after winning bidder notice in the 15th, the tenderer or tender the bidding website should complete the project bidding and its related data archive.

    Archived content should be consistent with the bid situation.

    74th successful candidate business, financial status changed or there are violations, the tenderer believes may affect its ability to perform shall, before issuing the notification by the original Evaluation Committee in accordance with the provisions of the tender documents and standards review confirmed that. 75th winning notification to the tenderer and the winning bidder has the force of law.

    Bid notices, tender changed the bidding result, or the winning bidder to give up the winning project, shall bear legal liability. 76th tenderer and the winning bidder shall bid in the 30th from the date the notice is issued, in accordance with the bidding law, implementation of the tendering and bidding Law Ordinance and these rules, the provisions of written contracts, the subject of the contract, price, quality, performance, and other major terms should be linked to content of the bidding documents bidding documents and the winning bidder. Tenderer or bidder shall not be refused or delayed signing the contract with the other party.

The tenderer and the winning bidder may not conclude any other agreement that deviated from the substance of the contract.

    The Tenderer shall, after signing the contract in writing at the latest within 5th to the winning bidder and unsuccessful bidders refund security deposit and interest on bank deposits. 77th bid invitation documents require the winning bidder to submit a performance bond, the winning bidder should be in accordance with the requirements of the tender documents submitted.

    The performance bond shall not exceed the accepted contract amount of 10%.

    78th winning product from outside, by the tenderer in accordance with the relevant provisions of the import procedures. 79th a winning bidder shall perform obligations in accordance with the contract and complete the winning project.

    Winning bidder may not transfer the winning project to another person, nor may the winning project dismembered after the transfer to others.

    80th project subject to tender according to law, in international tendering process, tender procurement programmes due to changes and other reasons, upon approval of the project, after the corresponding authorities, to reorganize the tenders of the tenderer.

    81st article tender people or tender institutions should according to about provides properly save tender delegate agreement, and qualification pre announcement, and tender announcement, and qualification pre file, and tender file, and qualification pre application file, and bid file, and objections and the replies, related information, and and assessment standard related of assessment standard report, and experts assessment standard views, and integrated evaluation method evaluation original table, information, and on assessment standard situation and information strictly confidential.
The seventh chapter and handling complaints

    82nd bidder or any other interested person thinks the tendering and bidding activities not in accordance with the law and administrative regulations and these rules, knew or should have known that within 10th of complaints to the appropriate authorities. On this approach 36th article provides matters for complaints of, potential bid people or other interest relationship people should in since led purchased qualification pre file or tender file 10th within to corresponding of competent sector proposed; on this approach 48th article provides matters for complaints of, bid people or other interest relationship people should in since opening 10th within to corresponding of competent sector proposed; on this approach 69th article provides matters for complaints of,

Bidders or other interested persons should be at the end of the bid result announcement presented to the corresponding authorities in the 10th. Article 36th, 48th, 69th regulations complaint, objection should be made to the tenderer, objection not calculated during a reply within the time limit prescribed in the preceding paragraph.

    Opposition complaints of the tenderer or tender shall, within the 3rd after the project is online complaint, objection related materials submitted to the appropriate authorities. 83rd article complaints people should Yu complaints period within in tender online fill in complaints book (see annex 4) (on objections matters for complaints of, should provides objections and objections replies situation and the related proved material), and will by complaints people units head or units head authorized of people signed and sealed of complaints book, and units head proved file and the related material in complaints period within served corresponding of competent sector.

Outside the complainant organization without seal, signature of owner or person authorized by the owner shall prevail. Complaints should be clear of requests and the necessary documents.

Complaints on the material is in a foreign language, the complainant should provide its Chinese version, the Chinese version shall prevail.

    The complainant shall ensure that complaints and prove the authenticity and legality of the origin of the material and bear the corresponding legal responsibility. 84th departments shall from the date of receipt of the written complaint within 3 working days to decide whether to accept the complaint and informed complainants of the admissibility decision in bidding online. Competent sector should since accepted complaints of day up 30 a days within made written processing decided (see annex 5), and will written processing decided in tender online told complaints people; need test, and detection, and identification, and experts review of, and monitored organ law on and tender bid activities about of monitored object implementation survey and may effect complaints processing decided of, by needed time not calculation zainei.

Use of foreign loan and aid projects, need to seek funds to provide opinions, do not count the time required. Authorities in dealing with complaints, the right to read and copy relevant documents and information, to investigate the situation, and shall cooperate with related units and personnel.

If necessary, the competent authority may order the suspension of the bidding activities.

    Authorities during the processing of a complaint, the tenderer or tender a subject matter of the complaint should be to assist in the investigation.

85th under any of the following circumstances the complaint inadmissible:

(A) the approach set forth in 36th, 48th and 69th complaints, its complaint before the complaint was not contested in accordance with these regulations;

(B) the complainant is not the bidder or any other interested person;

(C) the complaint is not signed or stamped according to the relevant provisions of this approach, or did not provide proof of company owner;

(Iv) is not specifically requested, or not in accordance with the means to provide the corresponding supporting materials;

(V) involving other bidders bidding process details, trade secrets or other bidders bidding documents details but was unable to explain the source content authenticity and legitimacy;

(Vi) is not within the time stipulated in the tender submitted by online;

    (VII) is not within the time stipulated in the complaint and relevant documentation is sent to the competent authorities.

    86th in the evaluation results in the complaints-handling process, discovered that the tender documents important business or technical terms (parameter) is content errors, inconsistencies or not consistent with the relevant State laws and regulations, affecting the fairness of bid evaluation results, when the tender is invalid, the competent authority will be announced tenders online.

87th on the complaints of the tenderer is unable to provide a full explanation and description, departments may arrange or to instruct the tender, tendering agent Organization experts to evaluate the content of the complaint. Article 36th complaints in these procedures, the tenderer or tender body randomly from the database should be 3 or more singular evaluation experts.

Reviewers should not be used as evaluation experts from the same package for the project. Of complaints in matters specified in this article 69th, the tenderer or tender shall be randomly selected from the national expert reviewer, national expert is low, can be supplemented by local experts and national experts shall not be less than 2/3.

    Reviewers must not contain expert involved in the project bidding, and the number of experts shall not be less than the number of evaluation experts.

    88th the complainant refused to cooperate with investigating authorities, by the complainant does not submit the relevant evidence, evidence and other relevant material, available to the competent authorities in accordance with the existing material on the complaint dealt with according to law. 89th complaints before the decision was made, agreed by the authorities, the complainant may withdraw the complaint. Complainants withdraw their complaints should be submitted in writing to the authorities, and withdrawing the complaint an application online. Have verified complaints is established, the complainant withdraws the complaint does not affect treatment decisions.

    The complainant withdraws the complaint shall not be based on the same facts and reasons to complain again.

90th Department upon review of complaints made the following decision:

(A) before the complaints not verified, the complainant withdraws the complaint, terminates the handling of complaints;

(B) the complaint lacks factual or legal basis, as well as the complainants, forged, fabricated facts material or illegal means to obtain evidence of complaints and dismissed complaints;

    (C) the complaint is true, bidding activity does not comply with laws, administrative regulations and these rules and regulations, to tender according to law is invalid, invalid bid and the bid invalid, modified prequalification or tender documents and other decisions.

91st Ministry of Commerce established in the bidding website information, including the following:

(A) the summary statistics of complaints, including complaints during the year of the project, the tenderer, the tender name and complaint processing;

(B) tender complaints statistics agency projects, including projects within the annual number of complaints, complaints and complaints processing;

(C) the complaints statistics the bidders and other interested persons, including projects within the annual number of complaints, complaints and complaints inadmissible, dismissed the complaints, adverse complaint (96th fourth complaints act these measures);

    (D) the offence statistics, including the year in the process of tendering and bidding activities in violation of the relevant laws, administrative regulations and these rules, the parties, project name, offence and penalty.

    92nd supervisory departments shall establish a complaint handling files, and keep it.

    The eighth chapter legal liability

    93rd article tender people on law must for tender of project not tender or break and to other any way avoid international tender of, by corresponding competent sector ordered deadline corrected, can at project contract amount 0.5% above 1% following of fine; on all or part using state-owned funds of project, can notices project competent institutions suspended project implementation or suspended funds allocated; on units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition.

94th tenderer has any of the following acts, in accordance with the tendering and bidding law, public bidding law regulations for the implementation of the relevant provisions:

(A) public tender by invitation to tender according to law;

(B) unreasonable conditions, exclusion of potential bidders, of discrimination against potential tenderers and bidders forced to form a consortium for joint bids, or restriction of competition between bidders;

(C) the sale of tender documents, prequalification documents, clarifying, modifying the time limits, or for submission of applications to prequalify set file, time limits are not in conformity with the provisions of the tender documents;

(D) in accordance with the provisions established Evaluation Committee or determined, replacing members of the bid Assessment Committee in violation of regulations;

(E) accept the units or individuals that are not pre-qualified to bid or accept the rejection of bid documents;

(F) violation of regulations, in determining the winning bidder with bidders before bid price and bid negotiation on the substantive content of the programme;

(VII) shall be determined in accordance with the winning bidder;

(VIII) not replied to the objection pursuant to the provisions, continue the bidding and tendering activities;

(I) without good reason do not issue a notification or notification is issued without a legitimate reason to alter the bid results;

(10) no legitimate reason not to conclude contracts with the winning bidder, or at the time of conclusion of the contract to the winning bidder made subject to conditions;

(11) in accordance with the tender documents and the winning bidder the tender documents and contracts with the winning bidder, or deviated from the substance of the contract agreement with the winning bidder;

    (12) has disclosed to others to obtain tender documents potential bidders in the name, number or other that may affect fair competition and all tender bids or of leaking bidding.

95th tenderer has any of the following acts, give a warning, and a 30,000 yuan fine; the Act affect the impartiality of the evaluation results, when the tender is invalid:

(A) and bidder collusion, false tender;

(B) the interference of tender and bid activities through improper means;

(C) failure to perform a contract with the winning bidder;

(D) in addition to the acts listed in article 94th 12th outside, others leak confidential information relevant to the bidding and tendering activities, material or information;

(E) complaints on departments decision refusing to execute;

    (Vi) other violations of the bidding law, public bidding law implementing regulations and these rules of behavior.

96th bidder has any of the following acts, in accordance with the tendering and bidding law, public bidding law regulations for the implementation of the relevant provisions:

(A) with the other bidders or collusion with the tenderer the tender;

(B) to the tenderer or a means of bribing members of the bid Committee seeking the bid;
(C) to bid on behalf of others or by any other means of deception, defrauding successful;

(Iv) fabricating facts, forged materials or obtain evidence by illegal means to complain.

    Bidders of the acts listed in the preceding paragraph shall not participate in the rebidding of the project.

97th bidder has any of the following acts, when the tender is invalid, and give him a warning and fines of between 30,000 Yuan:

(A) false bidding;

(B) use unfair means to disrupt bidding, bid evaluation;

(C) the tender document and to clarify information far from the truth and deception;

(D) the complaint handling process, providing false evidence;

(E) the winning bidder signed a contract with the tenderer before the notice is issued;

(Vi) winning bidder is not based on the tender documents and the tender documents signed a contract with the tenderer or the product does not conform to the tender documents;

(VII) other violations of the bidding law, public bidding law implementing regulations and these rules of behavior.

    Bidders of the acts listed in the preceding paragraph shall not participate in the rebidding of the project.

98th winning bidder has any of the following acts, in accordance with the tendering and bidding law, public bidding law regulations for the implementation of the relevant provisions:

(A) no legitimate reason not to enter into a contract with the tenderer, or made subject to conditions at the time of signing the contract to the tenderer;

(B) not in accordance with the bid invitation documents require the submission of performance bonds;

(C) failure to perform a contract with the tenderer.

    Bidders of the acts listed in the preceding paragraph shall not participate in the rebidding of the project.

99th tender has one of the following acts, in accordance with the tendering and bidding law, public bidding law regulations for the implementation of the relevant provisions:

(A) with the tenderer, bidder collusion damages State interests and public interests or the legitimate rights and interests of others;

(B) the Agency tender bids, proxy bidding or bidders to provide advice to the project;

(C) attend entrusted with the preparation of base price of project bidding or bidders for the project preparation of bidding documents, providing advice;

    (D) the leak should be kept confidential and information and data relating to the tendering and bidding activities.

100th tender has any of the following acts, give a warning, and a 30,000 yuan fine; the behavior affects the entire fairness of bidding, when the tender is invalid:

(A) with the tenderer, bidder collusion, make false bidding;

(B) in electromechanical product international tender agency registration of false information or the giving of false evidence;

(C) waste reviewers randomly for no reason;

(D) in accordance with the provisions submitted to the competent authorities in a timely manner material or providing false information to the competent authorities;

(E) is not within the time stated in the bidding and its associated data upload bidding website, or bidding online, publicity or archived content and tender notices, tender documents, tender documents, bid evaluation report does not match the written content, such as material;

(F) in accordance with this regulation responded to the objections, or in the handling of complaints is not in accordance with the request from the competent authorities to cooperate in the process;

(G) due to fault of the tendering agent, complaint investigation results for the tender is invalid or the bid invalid, 2 times over 6 months, or a total of 3 times in a year;

(VIII) issued winning notice in accordance with this regulation or alter the bidding result;

    (IX) other violations of the bidding law, public bidding law implementing regulations and these rules of behavior.

101th members of the bid Committee, one of the following acts, in accordance with the tendering and bidding law, public bidding law regulations for the implementation of the relevant provisions:

(A) shall withdraw unchallenged;

(B) absence;

(C) not in accordance with the provisions of the tender documents, bid evaluation methods and standards;

(D) privately contacts bidders;

(E) to the tenderer's intention to consult to determine the winning bidder or accept any units or individuals explicitly or implicitly made by favoring or excluding a particular bidder's request;

(Vi) hints or induction of bidder clarification, description or accept the offered clarification, description of the proponent;

(VII) to reject bids without views according to law;

    (VIII) to another person disclosed in the tender documents and evaluation and comparison, successful candidate recommendation, as well as other circumstances relating to the bid.

102th members of the bid Committee, one of the following acts will be removed from the list of experts and in the tender shall be published online:

(A) fraud, for personal gain;

(B) refused to issue a written opinion in the bid;

(C) in addition to the acts listed in article 101th eighth, others leak confidential information and data relating to the tendering and bidding activities;

(D), tender, tender body with bidders of collusion;

(V) expert 1 year 2 be judged to be incompetent;

(F) the experts without any justified reason, refuses to participate in the bid;

(VII) other acts that do not perform their duties objectively, or violations of the bidding law, public bidding law implementing regulations and these rules of behavior.

    Acts listed in the preceding paragraph influence the results of the bid, the bid invalid.

    103th other than members of the bid Assessment Committee reviewers of this article 101th and 102th as one of the acts listed in article will be removed from the list of experts and in the tender shall be published online.

104th bidding website sponsored by one of the following acts, the Ministry of Commerce warned and ordered corrective action; serious cases or refuses, the Ministry may suspend or terminate the service agreement; losses caused to a bidding party shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) beyond the terms of reference of Commerce engaged in activities related to entrusted;

(B) hosting of commerce within the matters entrusted to the relevant fees by the parties;

(C) without good reason refused or delayed, potential bidders in the tender prior to the deadline in bid network free registration;

(D) disclose confidential bid-related activities and information;

(E) within the terms of reference, using the interests of illegal access to information;

(F) tampering, tender, tender or the tender upload data;

(VII) with the tenderer, bidder collusion, make false bidding, tender bodies;

    (VIII) other violations of the bidding law, public bidding law regulations for the implementation of this approach.

    105th supervisory departments in the processing of complaints, found a complaint unit directly in charge of personnel and other persons directly responsible for illegal or irregular or discipline to suggest its administrative authority, discipline inspection and supervision departments to sanctions; if the case is serious enough to constitute a crime, he transferred to judicial organs for handling.

106th authorities do not perform their duties according to law, for violations of the bidding law, public bidding law implementing regulations and does not investigate and punish the acts as provided herein, or in accordance with the provisions dealing with complaints, failing to notice the bidding decision of administrative handling of violations by the parties to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

    Department staff in the process of tendering supervision favoritism, abuse their powers, neglect their duties, constitutes a crime, criminal responsibility shall be investigated according to law.

    107th transfer or rental qualifications and qualification certificate for the bidding of others, in accordance with the provisions of laws and administrative regulations administrative penalties constitutes a crime, criminal responsibility shall be investigated according to law.

108th project subject to tender according to law of tendering and bidding activities violating bidding law, public bidding law implementing the provisions of the Ordinance and these rules, substantive impact on the bidding results, and failure to take remedial measures to correct it, bid, bid, bid invalid, ways should be in accordance with the tender or bid again. Bid again by the tenderer in accordance with these measures form a new Evaluation Committee is responsible for. Previous participation in the evaluation of experts may not participate in another bidding or bid again.

Project subject to tender according to law, re-evaluation results should be in line with the approach to publicity.

    In addition to laws, administrative regulations and these rules, provided, the tenderer may not arbitrarily decided to reopen the bidding, or bid again. 109th administrative penalties stipulated in this chapter, decided by the appropriate authorities.

    The bidding law, public bidding law implementing regulations except those providing for the authority to impose administrative penalties.

    Nineth chapter by-laws

    110th not part of the construction project, but belong to fixed asset investment projects of mechanical and electrical products of international bidding, according to the implementation of these measures.

    111th electromechanical product-related design, programming, technology, international competitive bidding may refer to these measures. 112th the use of foreign loans, assistance fund for international bidding of electromechanical products shall be in accordance with the relevant provisions of the measures.

    Lender, provider of funds to the tender conditions and the provisions of the program, you can apply its provisions, but contrary to People's Republic of China except in the interests of national security or public.

    113th international tendering electronic tendering and bidding of electromechanical products shall be in accordance with these procedures and State regulations on electronic tendering.

    114th herein, the term "owner" refers to the legal representative or the legal exercise of authority, the administrative regulations on behalf of principals.

    115th article this way, the term "day" is one calendar day, the last day is a national holiday, deferred to the holidays, the day after the last day of the term.

    116th article this approach in the CIF, CIP, DDP, Incoterms shall be determined according to the International Chamber of Commerce (ICC) to present the latest version of the provisions of the General rules for the interpretation of trade terms explained.

    117th explain these measures by the Ministry of Commerce. 118th in these measures come into force on April 1, 2014.

    Implementing measures of the international bidding of electromechanical products (Ministry of Commerce 2004 of 13th) repealed simultaneously.

      Annex: 1 range, machinery and electronic products (omitted)

      2, members of the bid Assessment Committee evaluation form (abbreviated)

      3, the bid evaluation report of the (slightly)

      4, the complaint (omitted) 5, the written decision on complaint handling (omitted)