(October 29, 2004 2004 9th release of traffic, come into force on December 1, 2004) Chapter I General provisions article to regulate water transport engineering machinery and electric equipment tendering and bidding activities, ensure the quality of water transport engineering, mechanical and electrical equipment, protect the legitimate rights and interests of the parties, in accordance with the People's Republic of China bidding law and the People's Republic of China Government procurement law and relevant regulations of the State, these measures are formulated.
    Second approach applies to People's Republic of China territory of water transport engineering construction projects and procurement of technical innovation project of mechanical and electrical equipment.
    Electrical equipment is in water transport engineering, waterway construction, shipping hub of port engineering engineering, engineering, shipbuilding and navigation structures of hydraulic structures the project mechanical, electrical, transport and other equipment. Article electrical equipment purchase tenders should be.
    Belonging to one of the following, you can tender: (a) can only be obtained from the manufacturer only, (ii) procurement activities related to national security and secret; (c) the individual contract is below 1 million Yuan, and total investment of less than 30 million Yuan, (iv) as otherwise provided by laws and regulations.
    Article fourth of water transport engineering machinery and electric equipment tendering and bidding activities, you should follow the principle of openness, fairness, impartiality and good faith.
    Fifth water transport engineering supervision and management of machinery and electric equipment tendering and bidding activities under unified leadership, grading is responsible.
    Ministry in charge of the national machinery and electric equipment tendering and bidding activities in water transport engineering supervision and management.
    Within the transportation departments of provincial-level people's Government responsible for the administration of water transport engineering supervision and management of machinery and electric equipment tendering and bidding activities.
    Transportation departments of people's Governments at and above the county level in accordance with the project management competence, shall investigate and handle water transport engineering of machinery and electric equipment tendering and bidding activities illegal.
    Chapter II tendering article sixth of water transport engineering equipment the tenderer, and is in accordance with the provisions of machinery and electric equipment tendering of these measures project, machinery and electric equipment tendering of legal persons or other organizations.
    Seventh article has following conditions of tender people, can itself handle tender matters: (a) has corporate qualification; (ii) has and tender project phase adapted of technology, and economic management and prepared tender file of capacity; (three) has similar project tender of experience; (four) has corresponding of tender business personnel, has Organization tender, and assessment standard of capacity; (five) familiar and master tender bid method and the about legal, and regulations, and regulations.
    The tenderer does not have the conditions prescribed in the preceding paragraph shall entrust a qualified a procuratorial Agency to carry out the tender.
    Any unit and individual shall not in any way specify tendering Agency for the tenderer.
    Projects subject to tender article eighth, the tenderer to complete the tender, issued invitations to bid shall issue a tender announcement or 15th, according to the project management authority reported to the Transportation Department for the record, in which State-funded large infrastructure projects and technical transformation projects above designated MOTC file, copied to the traffic administrative departments at the provincial level and at the same time.
    Nineth machinery and electric equipment tendering of water transport engineering is divided into an open bidding and inviting tenders.
    Public tender is a tender through the relevant departments of the State Council designated newspapers publish tender notices, information networks or other media, invites unspecified legal persons or other organizations to bid.
    Invitation to tender is a tender invitation for bid way, inviting more than three have the ability to undertake the project, a specific legal person or other organization credit good bids.
    Article tenth investment accounted for using State funds or State-owned investment funds controlled or dominated by machinery and electric equipment tendering of water projects should be tender.
    Development and reform Department of State key projects under the State Council and provinces, autonomous regions and municipalities identify local key projects not suitable for open tender by the State Council development and reform Department or the approval of the people's Governments of provinces, autonomous regions and municipalities, you can make the invitation to tender. 11th article water engineering electromechanical equipment tender by tender people organization, by following program for: (a) determine tender way; (ii) prepared tender file; (three) tender file submitted traffic competent sector record; (four) released tender announcement or issued bid invited book; (five) sold or issued tender file; (six) necessary Shi held standard Qian will, and for answering; (seven) received bid people of bid file; (eight) opening, review bid file; (nine) formed assessment standard Committee, according to assessment standard approach assessment standard
    Proposed bid evaluation report, it is recommended that successful candidate; (j) evaluation report, evaluation results reported to the Transportation Department for the record and (11) to determine the winning bidder, bid notices issued; (12) waterway engineering electromechanical equipment purchasing contract with the winning bidder.
    12th article tender announcement (bid invited book) should including following main content: (a) tender people of name and address; (ii) tender according to; (three) tender project of profile, including procurement equipment of name, and tender range, and supply time and sources,; (four) tender way, and time, and locations, and gets tender file of approach; (five) on bid people of requirements; (six) other matters.
    13th the tender documents shall include the following main elements: (a) the tender notes: include device name, place of delivery, submission of bid documents of the time, location, and number of copies, replicas, and time and place of the opening, notice the time evaluation results, validity of bids, tender or bid bond amount, submission, return time and manner.
    (B) form of contract and the main terms of the contract, including the scope of supply, price and payment, delivery, mode of delivery, place of delivery, quality and inspection, testing and acceptance, such claims for damages.
    (Three) technology specifications book: including tender equipment of name, and number, by with of standard, and specification and technology requirements, equipment of main technology performance, and parameter index, detailed of design, and manufacturing, and installation, and debugging, and acceptance, aspects of technology conditions and requirements, spare spare parts aspects of requirements, design review, and prison made, and factory inspection, and training, and technology drawings and the information and after-sales service, aspects of requirements.
    Important technical terms and the main parameters and the range of deviation should raise "*".
    (D) evaluation principles, standards and methodologies, standard conditions and calculation method of evaluation, such as waste.
    (E) requested bidders to provide related documents: including people and major manufacturers proof of license and credit.
    (Vi) Annex: included in the bid and bid quotation form; description of goods list deviation tables. 14th tenderer the tender documents already issued to carry out the necessary clarification or amendment of, the Tenderer shall, at the latest prior to the bid closing date 15th and notified in writing to all potential bidders.
    The clarification or amendment as part of the tender documents.
    15th a tenderer bidding documents should be on sale 10th required administrative permissions will be filed tender documents reported to the Transportation Department, of which State-funded large infrastructure projects and technical transformation projects above designated MOTC record. 16th Tenderer shall reasonably determine the tender documents preparation time. Publish tender notices available for sale at the deadline to tender documents, shall not be less than 10th.
    From the date of tender documents for sale to potential bidders tender submission deadline, shall not be less than 20th, large equipment shall be not less than 60 days.
    17th chapter tender bidders of electromechanical equipment in water transport engineering, is equipped with the appropriate status, responding to tender documents and participates in bid competition equipment manufacturer or manufacturer's authorized distributors.
    18th a bidder can bid separately, or by two or more legal persons or other organizations to form a consortium and jointly submit a bidder. The manufacturers in the consortium shall have the appropriate capacity to undertake the project, members of the consortium agreement will be signed between, clear leadership as well as the responsibilities, rights and obligations of the parties, together with the bid documents and agreements 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.
    The tenderer may not compel bidders to form a consortium to jointly submit shall not limit competition between bidders.
    Article 19th if required by the bidding documents, bidders should be required to attend before you bid.
    20th article bid file should according to tender file provides of content and requirements prepared, main including following content: (a) bid letter; (ii) total quotes and points items quotes; (three) equipment name and number, equipment of main performance, and parameter index; (four) supply programme: including progress arrangements, security, and quality guarantee measures, content; (five) goods description list, specifications deviated from table; (six) tender file requirements of other content. 21st tender documents should be the seal of the bidder and its legal representative (or his agent) signature (or published), and as stipulated in the tender document sealed.
    Bidders shall tender documentation requirements prior to the deadline, the tender documents specify locations. 22nd a bidder in the tender documents required prior to the deadline, you can add, modify, or withdraw the bid documents that have been submitted, and inform the tenderer in writing.
    Adding, modifying content should use tender signed, sealed and delivered in the same way, and as part of the tender documents. 23rd tenderer after receiving the tender documents should be signed for saving.
    After the tender closing time of any communications service, the Tenderer shall not be accepted.
    Article 24th of tender documents for the submission of bid bond or of the bid, the bidder shall be submitted in the tender documents at the same time, submitted as required by tender or bid bond. The fourth chapter bid opening, evaluation and winning 25th 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.

    Article 26th opening of organized and chaired by the tenderer.
    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, and publicly opened and read out the name of the bidder, the bid letter, bid price, and other elements of the bidding documents.
    Bid opening process should be recorded and archived for future reference.
    27th less than three bidders, the Tenderer shall, in accordance with tender as provided herein.
    28th article belongs to following situation one of of, should as waste standard processing: (a) bid file not by requirements sealed; (ii) bid file not by requirements sealed and the no its statutory representative people (or its agent) signed (or Department printing); (three) bid validity insufficient of; (four) bid people not by requirements submitted bid insurance letter (or bid margin); (five) bid people submitted two copies or more copies content different of bid file, and not written statement which a copies for bid programme, which a copies for alternative programme;
    (F) the bidder in a tender document, to the same mechanical and electrical equipment with two or more quotes; (g) tender documents do not meet the substantive requirements of the tender documents, (VIII) Bidder's bid activities through improper means.
    Article 29th after the bid opening, bid and bidder may not be added and relevant information to change the substance of tender documents and tender documents.
    Issued 30th opening to winning notice for the bid phase, evaluation activities should be kept confidential. 31st bid jobs established according to law by the tenderer's bid Committee.
    Members of the bid Assessment Committee by the tenderer representatives and relevant technical, economic experts, a total of more than five persons in the singular, which shall not be less than the number of experts two-thirds of the total number of members.
    Experts in the preceding paragraph shall be engaged in related fields for at least eight years and with senior professional titles or have equivalent professional level, by the tenderer from the Ministry or provincial transportation departments to provide relevant professional experts in the roster of experts determined that tenders can be taken randomly, special project subject to tender can be directly determined by the tenderer.
    With bidders interested persons may not enter the relevant projects of the bid evaluation Committee have been entered should be replaced.
    List of members of the bid Assessment Committee shall be confidential before the bidding result determined. Article 32nd in the bid evaluation process, the bid Assessment Committee may require the bidder to bid ambiguous content in the file to make the necessary clarifications or explanations, bidders shall make written clarifications or explanations.
    Clarification or information shall not exceed the bid document scope or change the substantive content of the bidding documents.
    33rd at the bid, the bid Assessment Committee shall be determined according to the tender document tender principles, standards and methods of integrated evaluation and comparison of the bidding documents and recommend the qualified candidate winning bidders. Tender should be submitted according to 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.
    Article 34th one winning bidder shall satisfy the following conditions: (a) best meets the evaluation criteria prescribed in the bidding documents; (b) to meet the substantive requirements of the tender documents, and assessed the lowest price.
    35th Bid Committee review, believes that they fail to meet the requirements of the tender documents, it may reject all bids.
    Tender all tenders were rejected for the project, the tenderer should be re-tendered by the regulation.
    36th before the winning bidder is determined, the tenderer may not bid on bid price, bid to negotiate the substantive content of the programme.
    37th members of the bid Assessment Committee shall objectively and impartially perform their duties, comply with professional ethics, to review comments made by taking personal responsibility.
    Members of the bid Assessment Committee shall not privately contacts bidders shall not accept property or other benefits from bidders.
    The Evaluation Committee members and staff involved in bidding shall not be disclosed in the tender documents and evaluation and comparison, the successful candidate recommendations, as well as other circumstances relating to the bid.
    38th General bid shall be completed in the 30th after the bid opening, evaluation time for large equipment can be appropriately extended. 39th after the winning bidder is determined, the Tenderer shall be reported according to the project management authority will bidding the Transportation Department records, including State-funded large infrastructure projects and technical transformation projects above designated MOTC record.
    Notice of tender shall be sent to the winning bidder the winning bidder, and will inform all unsuccessful bidders bidding result.
    30th 40th Tenderer shall issue a bid notice within the signed contract with the winning bidder, and return all the bidders tender or bid bond. 41st bid invitation documents require the winning bidder to submit a performance bond, the winning bidder should provide the tenderer to submit a performance bond, the amount the contract price of 1%~3%.
    Bank guarantees payment of a performance bond.
    42nd bidder and other stakeholders believe that bidding activity does not comply with the provisions of the right to appeal to the tenderer or complaints to the relevant authorities in accordance with law.
    Fifth chapter supplementary articles article 43rd international financial organizations or foreign government loans, aid project bidding, lender, provider of funds to the tender conditions and procedure of special requirements may apply to their requirements, but except as prejudicial to the public interest.
    Article 44th of import of mechanical and electrical equipment in water transport engineering tendering and bidding activities, in accordance with relevant State regulations.
                                                                                                                  45th these measures shall come into force on December 1, 2004.