Administrative Measures On International Bidding Of Electromechanical Products In Hebei Province

Original Language Title: 河北省机电产品国际招标投标管理办法

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(October 31, 2002, Hebei provincial people's Government, the 56th Executive meeting by people's Government of Hebei province, on November 11, 2002 [2002] 19th release) Chapter I General provisions article in order to strengthen the international bidding of electromechanical product management, international tender specification for mechanical and electrical products, maintain tendering the legitimate rights and interests of the parties, in accordance with the People's Republic of China Law on bidding and the Hebei province, implementation of People's Republic of China tendering and bidding law measures
    And other relevant provisions of laws and regulations, these measures are formulated.
    Article engaged in mechanical and electrical products within the administrative area of the province of the international tender and bid activities shall abide by these measures.
    Laws, regulations and rules provided in international tendering and bidding management of mechanical and electrical products, according to the regulations. Third provincial foreign economic and Trade Department of the province mechanical and electrical products to international tendering.
    Set of mechanical and electrical products import and Export Administration Office for international tendering and bidding management of mechanical and electrical products in the province. Second chapter tender range and way fourth article imports following electromechanical products must for international tender: (a) relationship social public interests, and public security of based facilities and utilities of construction project by needed procurement of electromechanical products; (ii) using state-owned funds investment, and national financing and using international organization, and foreign Government funds of construction project by needed procurement of electromechanical products; (three) Government procurement of electromechanical products; (four) legal, and
    Regulations and other foreign economic and Trade Department under the State Council must conduct international bidding of electromechanical products.
    Fifth article imports has following case one of of electromechanical products, can not for international tender: (a) single Taiwan (single batch) electromechanical products of with meeting insufficient 100,000 dollars of; (ii) for production and maintenance of parts; (three) suppliers less than three home, cannot formed effective competition of; (four) using had of electromechanical products; (five) legal, and regulations and regulations provides of other case.
    The sixth carried out mechanical and electrical products to be imported through international bidding, should generally be by way of open tender.
    Third chapter tender and bid seventh article where involved law must for international tender of imports electromechanical products project, in project approval sector reply project feasibility research report or project proposal (generation feasibility research report) Hou, project corporate should will feasibility research report or project proposal (generation feasibility research report), and project approval sector of reply file and tender programme, together reported province electromechanical products import and export management institutions record.
    Eighth in the large, complete sets of machinery and electronic products and technology complex, mechanical and electrical products with special requirements before the international bidding, tender or the tender agent institution should invite three or more technical demonstration of the potential bidders. Nineth tenderer who arrange the international bidding and legal conditions of import of mechanical and electrical products, you can carry out the tender, and to the relevant departments for administrative supervision for the record.
    Otherwise, shall entrust a qualified a procuratorial Agency to carry out the tender, and the signed agency agreements.
    Tenth international bidding documents of import of mechanical and electrical products shall comply with the relevant bidding law, provisions of the statutes and regulations, and has both Chinese and English text.
    After 11th prepared the tender documents, tender or the tender agent shall take the form of random sampling, drawn from the consolidated database set two or more experts, to review the content of the tender documents.
    12th selected experts to review tender documents, tender or the tender agent, expert views on the audit of the tender document and should be original material and after approval of the tender documents, the media specified by law, under the import and export of machinery and electronic products management agency or province mechanical and electrical products import and export management agency audit, for the record.
    After audit, the tender document, without consent of the original audit Agency, no unit or individual is allowed to modify.
    13th a bidder should be based on the tender documents for the preparation of bid documents and substantive response to the requirements of the tender documents.
    The tender includes an original and a copy of the file, a copy should be a full copy of the original.
    14th a bidder shall, in accordance with the provisions of the tender documents, tender prior to the deadline in tender documents will be sent (sent) for a specified location. 15th bid before the deadline specified in the tender documents, bidders submitted bid documents can be modified, supplemented or withdrawn.
    Modify add content after the bidder's legal representative or authorized representative signature of the legal representative, as part of the tender documents.
    16th article has following case one of of, bid file invalid: (a) bid people and bid people of statutory representative people or statutory representative people authorized of representative not stamped seal or signed of; (ii) not in tender file provides of bid as time Qian sent (sent) up of; (three) not by provides sealed of; (four) legal, and regulations and regulations provides of other case.
    The fourth chapter bid opening, evaluation and winning the 17th time opening of tender documents are available for sale at the time, large and complete sets of machinery and electronic products shall not be less than 50 working days, other machinery and electronic products shall not be less than 20 working days.
    18th tender or the tender agent shall, in accordance with the tender notice or invitation to determine time and place of the public opening.
    Tender body presided over by the tender or the tender agent, invites all bidders and interested persons to participate in, and accept the province mechanical and electrical products import and export administration and the supervision of the relevant departments for administrative supervision.
    19th bid closing time arrives less than three bidders, bids should be discontinued, and in accordance with these measures to bid again. All bidders after bid opening, bid documents are essentially no response to the requirements of the tender documents, bid Assessment Committee may reject tender.
    Project subject to tender according to law all tenders were rejected by the tender or the tender agent institution shall invite tenders again.
    20th a tenderer or original tender document tender Agency shall be archived for future reference, and should be since the date of bid opening on 2nd, include an opening record management of mechanical and electrical products import and export by the State agency or province mechanical and electrical products import and export management agency records.
    21st bidder quoted in currencies other than dollars, the bid shall, according to the Bank of China announced on opening day when foreign exchange sell price converted into United States dollars its bid.
    22nd the bid by the tenderer or his agency established according to law of the tender evaluation Committee is responsible for. Project subject to tender according to law, the bid Committee by the tenderer, bidding agency representatives and experts, are five or more members in the singular.
    Experts shall not be less than the total number of members of the bid Assessment Committee of the two-thirds.
    Participate in auditing expert shall not participate in the same tender document tender. 23rd the bid before in a bid to determine the list of members of the Committee shall be kept confidential.
    With tender or bidders interested in the expert shall enter the project evaluation Committee. 24th of the bid Assessment Committee shall, in accordance with the tendering documents for assessment of bid documents.
    Two or more bidders to meet the requirements of the tender documents, bid evaluation Committee shall determine the lowest bid price for the successful candidate. 25th tender or the tender agent institution shall within 15 working days after the end of the bidding, bid evaluation report management of mechanical and electrical products import and export by the State agency or provincial record of mechanical and electrical products import and export management, and specified in the law on the media publicity.
    Public notice for a period of ten working days. During the publication period, has not been identified as a successful candidate bidders dispute or other relevant entities and individuals on the evaluation results, in accordance with the relevant provisions and submit them to the competent foreign economic and Trade Department under Department or investigated by the provincial foreign economic and trade authorities, to maintain the original bid results, replace the winning bidder or the reorganized bid decisions.
    No objections, in accordance with relevant regulations and submit them to the competent foreign economic and Trade Department under Department or by the provincial foreign economic and Trade Department to tender or the tender agent issued international tender result notice.
    Tender or the tender agent institution received the international tender result notice, sent to the winning bidder the winning bidder notice.
    The 26th after the winning bidder is determined, needs of mechanical and electrical products to be imported from abroad, should be in accordance with the relevant provisions of the State import procedures.
    27th tenderer and the winning bidder shall bid in the 30th from the date the notice is issued, in accordance with the bid for the time and place specified in the notice and tender document tender documents and the winning bidder to sign a written contract.
    Fifth chapter legal responsibility 28th article tender people, and tender agent institutions and bid people and assessment standard Committee members violation this approach provides of, in accordance with People's Republic of China tender bid method, and Hebei province implementation straddling People's Republic of China tender bid method approach and State foreign economic trade competent sector released of electromechanical products international tender bid implementation approach, about legal, and regulations, and regulations of provides be administrative punishment.
    29th a tenderer bidding Agency and the bidder's staff as well as members of the bid Assessment Committee in mechanical and electrical products in international tendering and bidding activities abuse, malpractice, neglect their duties, shall be given administrative sanctions by the unit constitutes a crime, criminal responsibility shall be investigated according to law.
          Sixth chapter supplementary articles article 30th these measures shall take effect on January 1, 2003.

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