(September 19, 2005 national development and Reform Committee makes 36th, announced since November 1, 2005 up purposes) first chapter General first article to improve government investment benefits, specification Central investment project of tender bid behavior, improve tender agent institutions of service quality, from source Shang prevent corruption phenomenon, according to People's Republic of China tender bid method, and People's Republic of China administrative license method, and State on investment reform of decided, and
    National development and Reform Commission to retain the confirmation of the administrative approval items, as well as other related laws and regulations, these measures are formulated.
    Article in the People's Republic of China territory central tendering agency investment projects tender agency business, should be carried out in accordance with this approach the qualification.
    Article Central investment projects in these measures refers to all or part of the use of funds from the central budget for investment (including debt), special construction funds, sovereign debt funds and other investment funds in the central budget for fixed asset investment projects.
    Central investment projects that use national sovereign debt funds, loans from international financial institutions or Government project tendering and procurement requirements, from its provisions.
    Article fourth procuratorial tender business in these measures, including commissioned by the tenderer, in tenders of project owners, professional project management unit tendering and bidding in government investment unit of the planning and survey of the Central investment projects, feasibility studies, design, equipment, materials, construction, supervision, insurance and other aspects of the procuratorial tender business.
    Fifth national development and Reform Commission is the central management of the qualification of tendering agencies of investment projects, according to the bidding law and related regulations, qualification and monitoring the bidding Agency.
    Sixth were issued by the Ministry of Commerce of machinery and electronic products to international tendering agency tender qualifications, can engage in the investment projects of the central international bidding of electromechanical products business.
    In accordance with the Government procurement law of government procurement of goods and services procurement agency, its qualification and management measures shall be formulated separately by the relevant authorities, do not apply to these measures.
    Chapter II eligible for the seventh Central investment projects tendering agency qualification is divided into grade a and grade b.
    Class-a qualification of tendering agency may engage in all of Central investment projects tender agency business.
    Grade b qualification bidding agent may only engage in a total investment of 200 million Yuan RMB and below the Central investment projects tender agency business.
    Eighth article application Central investment project tender agent institutions qualification of institutions should has following conditions: (a) is law established of social intermediary organization, has independent enterprise corporate qualification; (ii) and administrative organ and other State no administrative membership relationship or other interests relationship; (three) has fixed of business places and carried out central investment project tender agent business by needed facilities and the Office conditions; (four) has sound of organization institutions and internal management regulations;
    (Five) has prepared tender file and organization assessment standard of corresponding professional power; (six) established has must scale of assessment standard experts library; (seven) near 3 years within institutions no for violation tender bid method and the about management provides, by related management sector suspended qualification above punishment; (eight) near 3 years within institutions main head no for violation tender bid method and the about management provides by criminal punishment; (nine) national development and Reform Committee provides of other conditions.
    Nineth article application class a tender agent institutions qualification of institutions, except has this approach eighth article provides conditions outside, also should has following conditions: (a) registered funds not less than 8 million Yuan Yuan; (ii) tender professionals many Yu 50 people; (three) tender professionals in the, has intermediate and the intermediate above titles of technicians not less than 70%; (four) assessment standard experts library experts number in 800 people above; (five) carried out tender agent business 5 years above;
    (Vi) 5 years engaged in the procuratorial tender project number more than 300, bid amount at 5 billion yuan (according to the Loa, the same below).
    Tenth Article application serie b tender agent institutions qualification of institutions, except has this approach eighth article provides conditions outside, also should has following conditions: (a) registered funds not less than 3 million Yuan Yuan; (ii) tender practitioners many Yu 30 people; (three) tender practitioners in the, has intermediate and the intermediate above titles of technicians not less than 60%; (four) assessment standard experts library experts number in 500 people above; (five) carried out tender agent business 3 years above;
    (Vi) had nearly 3 years in the procuratorial tender project number more than 100, the bid amount at more than 1.5 billion yuan. Article 11th procuratorial tender business less than three years, bidding Agency, eighth and tenth, paragraph (a), (b), (c), (d) condition may apply for Central Government investment project bidding agent prequalification.
    After obtaining the prequalification, may engage in a total investment of 100 million Yuan RMB and below the Central investment projects tender agency business. 12th the State development and Reform Commission, the Central qualification of tendering agencies of investment projects on a regular basis.
    Eligible to receive notifications, requirements and application material formatted text will be published in advance in order to ensure that the applicant had sufficient time to prepare the application materials. 13th article application Central investment project tender agent institutions qualification of institutions, should by requirements submitted following material: (a) Central investment project tender agent institutions qualification applications; (ii) enterprise corporate license copy copies (stamped original registration organ confirmed chapter); (three) company articles; (four) Enterprise institutions set situation table; (five) enterprise personnel basic situation; (six) tender performance; (seven) by declared tender performance of bid notice; (eight) assessment standard experts library personnel list; (nine) other phase
    Close the file. Article 14th eligibility criteria for Central investment projects tender agency material, should submit the registered seat of the provincial development and Reform Commission at first instance.
    Review authorities in accordance with the relevant provisions of the application materials in the first instance, trial observations made and submitted to the State development and Reform Commission. 15th Committee of experts organized by the State development and Reform Commission, eligible to apply in the first instance by the provincial development and Reform Committee of materials reviewed.
    Through accreditation, granted the Central investment projects tender agency eligibility.
    In the evaluation of the national development and Reform Commission after the results are determined in the 10th, from the Central investment projects tender agency qualified authorities issuing qualified certificates, and to publicize the results. 16th Central investment projects tender agency certification is valid for 3 years.
    Bidding agency needs to extend qualification certificate validity period, shall, on the expiry date of the certificate prior to 30th to the national development and Reform Commission to apply. 17th the State development and Reform Commission regular central tendering agency qualification assessment of investment projects.
    Serie b and preparatory levels achieved in initial bidding agency central tendering Agency for investment projects for 1 year later, offering high level conditions, may, when it was bidding agencies eligible to accept, according to the provisions of the upgrade application.
    18th article has following case one of of tender agent institutions, temporarily not grant Central investment project tender agent institutions qualification: (a) not has this approach provides of related conditions of; (ii) not by requirements provides real full information of; (three) in tender agent business in the has violation legal regulations of behavior, has was judicial organ filed review or near 3 years within by about management sector suspended qualification above punishment of.
    19th central tendering agency changes name of organization, address, replace the legal representative, should apply to the national development and Reform Commission, the replacement certificate.
    Central tendering Agency for investment projects in the Organization Division, merger and other major changes, should be in accordance with this approach, new qualifications to the national development and Reform Commission applied for.
    Chapter III supervision article 20th central tendering Agency for investment projects, should be in accordance with the tendering and bidding law and relevant regulations of the country of Central investment projects, accepted the bid inviting party delegates, engage in the procuratorial tender business, according to relevant stipulations concerning collection of tendering agent's service fees.
    21st central tendering Agency for investment projects, should strictly enforce the system of tendering and bidding, investment management and other relevant provisions, and consciously accept the Government, social supervision and maintain tendering and the legitimate rights and interests of the parties, protect the public interest, assume obligations relating to confidentiality.
    22nd central tendering Agency for investment projects, Central investment project bidding should be at the end, and after notification has been issued in the 15th, to the national development and Reform Commission of submitting a report on Central Government investment project bidding.
    Report of the national development and Reform Commission, according to the project bids, from time to time to carry out spot checks on tender.
    23rd State development and Reform Commission is responsible for receiving the central tendering Agency for investment projects eligible for questions and complaints. Article 24th organizes the Committee of experts on the national development and Reform Commission, according to the bidding report, question and complaint records and tender performance of the central tendering Agency for annual qualification examination of investment projects.
    For 2 consecutive years fail to pass the annual inspection, be downgraded until cancel a tendering agency qualified.
    Any of the following circumstances, for annual check failed: (a) the serious irregularities in the year; (b) failing to submit compliance report the Central Government investment project bidding and inspection material, (iii) class a tendering agency tenders performance of less than 1 billion yuan for the year; (iv) class b bidding agency bidding results for the year up to 500 million Yuan.
    25th fourth chapter penalty in eligible for fraud in the course of bidding Agency, are in the application and review process, cancel the application; already qualify, disqualify them. 26th in the qualification examination submitted false information in the process of bidding Agency, depending on the seriousness of the suspension or disqualification penalties.

    Central investment projects tendering article 27th delegate, without tendering agency entrusted with appropriate qualifications to carry out the tender and bid results.
    Central tendering Agency for investment projects outside the scope of these measures in the procuratorial tender business, given the suspension penalty.
    28th Central investment projects tender agency loaned, transferred, altered certificates, disqualification penalties. 29th article Central investment project tender agent institutions in tender agent business in the has following behavior of, national development and Reform Committee will depending on plot weight, give warning, and suspended qualification, and canceled qualification of punishment: (a) leaked should confidential of and tender agent business about of situation and information; (ii) and tender people, and bid people mutual collusion damage national, and social public interests or others lawful rights and interests of; (three) and bid people on bid price, and bid programme, substantive content for negotiations; (four) unauthorized modified tender file
    , Tender offer, bid notices.
    For the above acts influence the results of the successful bidder, bidding result is invalid. Article 30th tendering Agency any of the following acts, the national development and Reform Commission ordered corrective action, depending on the seriousness of given warning, and punishable by up to a certain amount of fines.
    About the fifth Act can be fined 10,000 yuan and 50,000 yuan fine, other acts punishable with a penalty of 10,000 yuan.
    (A) is not specified media Shang released tender announcement; (ii) tender file or qualification pre file sale time not meet about provides; (three) assessment standard Committee composition and experts structure not meet about provides; (four) bid people number not meet statutory requirements not again tender; (five) to not reasonable conditions limit or exclusion potential bid people, and on potential bid people implemented discrimination treatment or limit bid people Zhijian of competition; (six) not by requirements reported Central investment project tender situation report;
    (VII) other violations of laws and regulations and the relevant provisions of the Act.
    31st for tendering agency penalty will be at the national development and Reform Commission announced to the public in a timely manner on the Web site.
    By tendering Agency's illegal behavior causes losses to others shall bear liability constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles 32nd article this way by the State development and Reform Commission is responsible for the interpretation.
                                                                                                    33rd article this way come into force on November 1, 2005.