(Released October 29, 2002, State economic and Trade Commission to 39th) Chapter I General provisions article for strengthening the management of fixed assets investment projects in the field of industry and commerce, standard tender of fixed assets investment projects in the field of industry and commerce to ensure the fairness and impartiality of the bidding, maintain tendering parties ' legal rights and interests, improve economic efficiency, ensure the quality of projects, under the People's Republic of China tendering and bidding law and relevant provisions of these measures.     Second approach applies to People's Republic of China industrial and commercial areas in the territory of enterprise's fixed assets investment projects tendering and bidding activities.     Third State economic and Trade Commission and the provinces, autonomous regions, municipalities, separately listed cities and Xinjiang production and construction Corps commissions (the Commission, hereinafter referred to as the provincial economic and Trade Commission) is the fixed assets investment project bidding and tendering work in the field of industry and commerce management (hereinafter referred to as the tender management) responsible for guiding, coordinating and managing fixed assets investment project bidding and tendering work in the field of industry and commerce.     Bidding management of the State economic and Trade Commission is responsible for the following items: (a) the project approved by the State economic and Trade Commission reported to the Department of State; (b) the approval of the State economic and Trade Commission project, (iii) authorized or commissioned provincial economic and Trade Commission, State economic and Trade Commission approval of the project; (d) enterprises registered in accordance with the relevant provisions in the State economic and Trade Commission projects above designated, (v) other projects under the State economic and Trade Commission.     Bidding management of the provincial economic and Trade Commission is responsible for the following items: (a) the provincial economic and Trade Commission approval of the project in the region, (ii) enterprises registered in accordance with the relevant provisions in the provincial economic and Trade Commission project; (c) the State economic and Trade Commission, delegate to the provincial economic and Trade Commission to bidding for supervision and management of other projects.     Fourth article following business field enterprise fixed assets investment project items Xia of technology (containing design), and equipment (containing material), and building and installation engineering and the other goods and service, procurement, should in accordance with about legal, and administrative regulations and this approach of provides for tender: (a) relationship social public interests, and public security of major investment project; (ii) all or part using state-owned funds or national financing of project; (three) using international organization or foreign government loan, and assistance funds of project.     The scope and size of the items listed in the preceding paragraph standard, in accordance with the scope and scale of construction project tendering standards regulations.     Laws, administrative regulations or the State Council with other provisions of the bid from its provisions.     Article in accordance with the provisions of article fourth project, implemented in principle to open tender. Has following case one of of, by investment management sector agreed Hou, can for invited tender: (a) project content involved implementation project of enterprise (following referred to project units) intellectual property and commercial secret of; (ii) procurement content need project units and dealer joint design or joint manufacturing of; (three) project is total contracting engineering nature, need and dealer consultations determine technology programme of; (four) involved national security, and secret, should not be public tender procurement of; (five) national legal, and     Administrative regulations of others can be invited to tender.     Sixth article this approach fourth article provides of project, has following case one of of, by tender management sector agreed Hou, can by project units itself procurement: (a) project reply in the provides purchase real for patent, and proprietary technology, involved intellectual property protection of; (ii) can provides procurement subject matter of suppliers less than 3 home (not containing) of; (three) project total investment below 30 million Yuan, and important equipment, and material, goods of procurement single contract estimates price below 1 million yuan of;     (Four) project total investment below 30 million Yuan, construction single contract estimates price below 2 million yuan of; (five) project total investment below 30 million Yuan, survey, and design, and supervision, service of procurement single contract estimates price below 500,000 yuan of; (six) China Government and foreign Government bilateral agreement in the provides should not be tender procurement of; (seven) national legal, and administrative regulations and policy another has provides should not be for tender procurement of.     Chapter II bidding and tendering article seventh project in the Investment Management Department for approval of project feasibility study report (preliminary design) of the filing or registration project files and corresponding qualification of the State economic and Trade Commission granted investment feasibility study prepared by the consultancy report, enumerated in Annex I shall be established in the field of industrial and commercial enterprises listing on procurement of fixed assets investment projects and bidding Management Department for the record.     Article eighth project of major content adjustments, the project unit should be required to report to the investment management sector, and according to the Investment Management Department for approval to modify the list, and list of changes to bidding Management Department for the record.     Important adjustment referred to in the preceding paragraph, refers to the programme of product, process and technology changed, or project total investment in fixed assets by more than 10% over the original budget. Nineth has the preparation of tender documents and organizing bid project units, you can carry out the tender.     Project Unit shall, in accordance with the relevant provisions of their own tendering formalities. Tenth item unit can independently commissioned by the State economic and Trade Commission to grant qualified bidding Agency (hereinafter referred to as the tendering Agency) the proxy bidding.     Without bidding qualification under the State economic and Trade Commission of the institutions shall not engage in the tender of fixed assets investment projects in the field of industry and commerce business.     Bidding qualification achieved a procuratorial Agency shall be commensurate with their qualifications in accordance with the relevant provisions of the procuratorial tender business.     11th the qualification of tendering agencies are divided into class a, class b and b (preparatory).     Grade a tendering Agency limits above and below the limit fixed assets investment projects tender agency working in the field of industry and Commerce; class b and b (preparatory) tendering agency may engage in business and enterprise fixed-asset investment projects in the field of limit bidding agency work. Above designated project mentioned in this article refers to over 30 million yuan of fixed assets investment and domestic investment projects and a total investment of more than US $ 30 million and foreign investment projects.     Power (including nuclear power), ferrous metallurgy, chemical industry, building materials, civil aviation, coal, petrochemical, oil and gas, communications (including post), non-ferrous metals (rare earth) domestic investment projects for investment in fixed assets of 50 million Yuan and above project.     Principal-agent tender 12th project unit, project approval documents are required and the bidding list. Bidding Agency at the time of acceptance of the project tender commissioned, shall issue a certificate to your project, declared in the procuratorial tender business scope, verification of project approval documents and Commission bidding.     The Parties shall authorize a procuratorial Agency signed a written agreement. 13th bidding agent or the tender units on their own, should be in accordance with project requirements refer to the industrial and commercial enterprises in the area of fixed asset investment project tender document model (separately) the preparation of tender documents and fill in annex II list the fixed assets investment projects in the field of industry and Commerce of the tender documents for the record schedule.     Bidding list, to authorize a procuratorial agency agreement, tender documents for the record schedule, and shall provide the tender management Department.     14th tender documents should be provided for announcements in the media, and notice not less than 20 days. 15th tender document change, bidding Agency units shall apply to tendering or bidding on their own project management Department, and timely announcements.     Changes shall be communicated to all bidders to buy bidding documents.     Bid opening date, shall be announced on the appropriate media. 16th bidders tender documents shall be prepared in accordance with the requirements of the tender documents and in accordance with the requirements of the tender documents, place sealed tender documents and tender tender served on floppy disks.     Late delivery of tender documents is invalid. 17th bidders in the tender before the expiry of the time provided, you can add, modify, or withdraw the bid documents submitted.     Supplement, modify the content as part of the tender documents. Chapter III bid opening, bid and bid 18th tendering agency or project subject to tender units should be in accordance with the provisions of the tender documents on their own time and place bids. Bids should invite all the proponents to, list of bidding and tender documents, tender declared complete.     Opening records and bid documents after the floppy disk should be sealed to bidding Management Department.     Article 19th bidders is less than 3, bidding Agency, or tender units should stop opening itself, sealed the relevant tender documents, bid management and timely report and recommended its extension to the tendering management bid opening, bid or otherwise purchase again, tendering management responses before implementation. Article 20th singular form of bid evaluation Committee is composed of 5 or more, including technical, economic and other dimensions shall not be less than 2/3. Composition of the Evaluation Committee and its experts shall be in accordance with the bid Committee and the implementation of the provisional regulations on the evaluation method.     Bid in front of the opening of the Committee's list from tender to tender management Department.     21st the bid Committee should be based on the Evaluation Committee and the relevant provisions of the provisional regulations on the evaluation methods, in accordance with the provisions of the tender documents evaluation principles and evaluation methods, tender documents and tender documents and tender.     22nd tendering Agency units in the tender or bidding on their own projects within 20 days from the closing date of the bid, according to the bid Committee's views, prepare evaluation reports listed in annex III and bidding Management Department also published a tender notice on the appropriate media to public bidding result, publicity for 10 days. 23rd in the bid result announcement period, disagrees with the bidder, bidding Agency, or their own tender units should respond, replies may not identify evaluation relevant comments of the Committee.     Expiry of the public and there is no objection, a procuratorial agency or bid on their own items can be sent to the winning bidder the winning bidder notices, and the winning bid management, within 5 days from the date the notice is issued for filing.     24th the project unit should hand in bid for 30 days from the date the notice is issued and winning bidder signed a contract according to law. 25th article Project Unit shall, within 10 days after signing the contract to bidding Management Department for the record a copy of the contract.     Chapter fourth tendering and supervision article 26th tendering agency or taking tenders can be invited notary notary or discipline, supervisory organs of the bidding activity or oversight. 27th bidding Management Department not specified monitors on a regular basis to monitor the bidding.     Supervisors shall show the administrative authorities listed in annex IV of the tender of fixed assets investment projects in the field of industry and Commerce powers of the authority that, and the right to participate in the specified monitor project bids and bid evaluation process, right to view authorization supervision and project information, and submitted to the tender management oversight reports.     28th a procuratorial Agency shall, in accordance with the tender management requirement, promptly send the right people to serve as tender management mandates oversight project supervisor.     Article 29th supervisor on bidding Management Department mandated to monitor project content and confidential.     Article 30th tendering agency should be supervised by the project, and to provide the project listed in annex v of the business enterprise's fixed assets investment projects in the field of client feedback forms, project unit after being filled in and sealed bidding Management Department. 31st bidding Management Department is responsible for handling complaints relating to project bidding activity, and be verified with the relevant departments.     Signed complaints, after verification, to give a written reply.     32nd State economic and Trade Commission and occasionally bidding agency check or bid on their own items unit's work. 33rd State economic and Trade Commission to industrial and commercial enterprises in the area of fixed assets the qualification of tendering agencies of investment projects to implement annual audit.     Of annual verification of the qualifications specified separately.     The fifth chapter penalty provisions article 34th project in violation of the provisions of this article fourth, will break a project or any other way of circumventing the tender, rectification, you can pause the project; for all or part of State-owned funds projects, you can pause the allocation of funds; directly responsible for project managers and other persons directly responsible shall be disciplined. 35th article bid people collusion bid, or to bribe, and fraud, means cheat bid of, bid invalid, and at bid project amount 5 ‰ above 10 ‰ following of fine; on bid units directly is responsible for of competent personnel and other directly responsibility personnel at units fine amounts 5% above 10% following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, canceled its 1 – 2 years within participate in this approach fourth article project of bid qualification, until by business administration organ revoked license     And causes losses to the project and bidding agencies shall bear liability constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law. 36th article tender agent institutions leaked should confidential of and tender bid activities about of situation and information of, or and tender people, and bid people collusion damage national interests, and social public interests or others lawful rights and interests of of, at 50,000 yuan above 250,000 yuan following of fine, on units directly is responsible for of competent personnel and other directly responsibility people sentenced units fine amounts 5% above 10% following of fine; has illegal proceeds of, confiscated illegal proceeds; national economic and Trade Commission and will depending on plot be written warning, and informed criticism, and     Correction, suspended the bidding agents eligible for consolidation and downgrade until disqualified from bidding agent of punishment; cause damage to others shall bear liability constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.     37th not bidding qualification organization under the State economic and Trade Commission of the tender is invalid, causes losses to others, by the institution liable and punished by the Administration for industry and Commerce authority constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.     Made tender agent qualification of tender agent institutions violation this approach 11th article of provides, engaged in with tender agent qualification inconsistent of tender agent behavior of, by tender management sector ordered corrected, and depending on plot give written warning, and informed criticism, and ordered rectification, and suspended tender agent business for reorganization, and downgraded until canceled tender agent qualification of punishment; to others caused loss of, law bear compensation responsibility; constitute crime of, law transferred judicial organ held criminal.     38th tenders on their own in violation of the relevant laws, administrative regulations and these regulations, bidders with bid price or bidding plan, negotiations on the substantive content, does not restrict or preclude potential bidders on reasonable terms, restrictions of competition between bidders, ordered corrective action and may be fined not more than RMB 10,000 yuan and 50,000; their actions influence the results of the bid, the bid invalid.     39th article project units in assessment standard Committee law recommended of bid candidates yiwai determine bid people of, law must for tender of project in all bid was assessment standard Committee rejected Hou itself determine bid people of, bid invalid, ordered corrected, can at bid project amount 5 ‰ above 10 ‰ following of fine; on project units directly is responsible for of competent personnel and other directly responsibility personnel law give disposition. 40th article assessment standard Committee experts in assessment standard process in the AWOL, effect assessment standard program normal for, in assessment standard process in the cannot objective just to perform duties, received bid people, and other interest relationship people of property or other benefits, leaked on tender file of review and compared, and bid candidates of recommended and and assessment standard about of other situation of, give warning, confiscated received of property, can and at 3000 Yuan above 10,000 yuan following of fine     ; To be violations of the bid evaluation committee disqualified to as members of the Evaluation Committee members, set fourth in article item not permitted to participate in this evaluation constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.     41st winning bidder notices, project unit and the winning bidder does not bid documents bid documents and the winning bidder to enter into a contract or project units depart from the substantive content of the contract agreement with the winning bidder, shall order rectification can be fined not more than the bid amount 5 10 ‰ ‰ above, causing loss to the winning bidder, shall compensate for the losses.     42nd unless due to force majeure cannot fulfil the contract, the winning bidder does not fulfil its contractual obligations, no refund and cancel the successful qualification of a performance bond; item unit lost more than a performance bond levels, excess compensation should be; no performance bond shall be liable for the loss of project unit.     Violation of the preceding paragraph the circumstances are serious, cancel them within 2-5 years participate in the project and bidding qualification listed in the article fourth until the Administration for industry and commerce shall revoke business license.     Sixth chapter supplementary articles article 43rd record-keeping of documents as provided herein, no bidding and management departments approved automatically valid.     44th article of the approach by the State economic and Trade Commission is responsible for the interpretation. 45th article of the rules take effect on December 1, 2002.     Issued by the State economic and Trade Commission prior to other relevant provisions are inconsistent with this approach, the present regulations shall prevail.       Annex: list of fixed asset investment projects, business areas enterprises II, industrial and commercial enterprises in the field of fixed asset investment project tender document filing schedule c, industrial and commercial enterprises in the field of fixed asset investment project evaluation report, fixed assets investment projects in the field of industry and Commerce authorized the authority that v, commissioned by the enterprise's fixed assets investment projects in the field of industry and Commerce units feedback Annex: annex II: 附件三：                         附件四：       附件五：