Yunnan Province, mechanical and electrical equipment bidding management regulations

Article 1 In order to regulate the bidding behavior of electromechanical equipment, to protect the legitimate rights and interests of the parties involved in the bidding for electromechanical equipment, promote fair competition, improve investment efficiency, according to the relevant provisions of the State, combined with the actual situation in the province, the formulation of these provisions. Article 2 in the administrative region of the province's capital construction, technological transformation and other investment projects require electromechanical equipment bidding, the application of these provisions.

Construction machinery bidding in accordance with the "Yunnan Provincial Construction Bidding Management Regulations," the provisions of the implementation. Article 3 The bidding for electromechanical equipment must comply with relevant laws, regulations and rules, adhere to the principles of fairness, justice, equity, competition, meritocracy and credit. Article IV Provincial Economic and Trade Commission is responsible for the coordination and management of the province's electromechanical equipment bidding.

Provincial departments concerned in their respective areas of responsibility, the work of mechanical and electrical equipment bidding supervision, and with the provincial Economic and Trade Commission **** with the work of mechanical and electrical equipment bidding. Article V bidding and tendering participants are divided into demand, bidding organizations and bidders.

The demand side is the need to purchase mechanical and electrical equipment, legal persons or other organizations.

The bidding organization refers to a full-time organization approved in accordance with the prescribed procedures, having the qualification of legal person and bidding, and engaging in the bidding business of domestic and international electromechanical equipments. Article 6 organs, organizations, enterprises, institutions using state investment funds, special bank loans or self-financing state-owned enterprises to purchase electromechanical equipment, in addition to other provisions of the state, is one of the following scope, must be entrusted to qualified bidding institutions to carry out bidding:

(a) procurement of electromechanical equipment with a total investment of more than 3 million yuan or more than 300,000 U.S. dollars of foreign exchange;

(b) procurement of electromechanical equipment, the total investment in more than 3 million yuan or more than 300,000 U.S. dollars;

(ii) state investment accounted for more than 30% of the total investment in public welfare, policy projects need to purchase mechanical and electrical equipment;

(iii) the procurement of mechanical and electrical equipment included in the national "specific product catalog".

Electromechanical equipment outside the scope of the above, advocating the procurement by tender. However, whether to implement the bidding and commissioned by the bidding organization to carry out the bidding, by the demand side to decide. Article 6 of these measures must be purchased by bidding for electromechanical equipment, project approval department in the approval of the project should be clear, the demand side should be with the bidding agency for bidding commissioning procedures, and in accordance with the provisions of these measures for bidding.

Not in accordance with the provisions of the preceding paragraph, the project approval department shall not approve the national investment plan, the import and export of mechanical and electrical equipment management agency shall not apply for approval of the import of mechanical and electrical equipment. Article VIII of the following electromechanical equipment, do not implement the bidding:

(a) by the sole manufacturer of electromechanical equipment;

(b) the demand side of their own electromechanical equipment can be produced;

(c) involves national security and secrets of electromechanical equipment;

(d) laws and regulations provide otherwise. Article 9 The demand side shall have the right to independently select qualified bidding organizations and require the bidding organizations to carry out bidding in accordance with the conditions provided by them, participate in bidding activities in accordance with the power of attorney signed with the bidding organizations, and determine the procedure for finalizing the bidding with the bidding organizations ****.

The demand side should be in accordance with the requirements of the bidding agency to provide the relevant documents and information required for bidding, the estimated price of the bidding equipment confidential, and the winning party to sign and fulfill the contract. Article X of the provincial Economic and Trade Commission is responsible for the province's mechanical and electrical equipment bidding organization qualification of the initial examination. Apply for the qualification of electromechanical equipment bidding units, must apply to the provincial Economic and Trade Commission, the initial examination and approval of the State Economic and Trade Commission for approval.

The qualification of electromechanical equipment bidding organizations, qualification level and management in accordance with the State Economic and Trade Commission issued the "Interim Measures for the Management of Qualifications of Electromechanical Equipment Bidding Organization". Article 11 The bidding agency independently carry out domestic and international bidding activities in accordance with the law, based on the bidding documents to review the qualifications of the bidding party, and with the demand side *** with the determination of the bidding procedures, and the organization of the demand side and the winning party to sign the contract.

The bidding agency engaged in bidding activities, shall show the bidding qualification certificate, to have bidding intention of legal persons or other organizations to provide bidding documents at a fee, and with the demand side *** with determine the type of bidding, in accordance with the type of bidding and bidding for the preparation of bidding documents of the technical requirements of the equipment, the bidding on the estimated price of the equipment, the demand side and the bidding side of the commercial secrets of the confidentiality of the obligation. Article 12 The bidding organization shall sell the bidding documents in accordance with the time and place specified in the notice of solicitation or invitation to bid. For large or complex electromechanical equipment, before selling the bidding documents, the bidding organization shall pre-qualify potential bidders interested in bidding and sell the bidding documents to potential bidders who have passed the pre-qualification. Article 13 In the event that the bidding documents are sold with any matters that need to be clarified or amended or supplemented, the bidding institution shall notify in writing all the legal persons or other organizations that have purchased the bidding documents 10 days before the deadline for submission of bids, and make this an integral part of the bidding documents. Article 14 The bidding documents for electromechanical equipment shall be issued for not less than 30 days for general projects and not less than 60 days for large or complex projects from the date of issue of the bidding documents to the date of opening of bids. If there is a need to shorten or extend the bidding date, the demand side should be determined in consultation with the bidding organization, but shall not affect the normal course of the bidding process. Article 15 The bidder must have the following conditions:

(a) an independent legal personality, and has the ability to complete the bidding task, such as suppliers should also provide the manufacturer's power of attorney;

(b) with the qualification certificates required by the bidding documents and the corresponding business experience and performance;

(c) other conditions prescribed by laws and regulations.