Hunan Province, mechanical and electrical equipment procurement bidding and tender management pilot measures

Chapter I General Provisions Article 1 In order to strengthen the macro-management of state-owned assets, improve investment efficiency, standardize the procurement of electromechanical equipment bidding, bidding behavior, to protect the legitimate rights and interests of the parties involved in the bidding and tendering of electromechanical equipment, and to promote fair competition, according to the relevant provisions of the State, combined with the actuality of the province, has formulated the present measures. Article 2 The bidding and tendering shall be carried out in a manner consistent with international practice, strictly follow the principle of open and fair competition and merit-based bidding, regardless of region, sector, industry ownership and other forms of restriction, to ensure that qualified bidders have equal opportunities. Article 3 Where the administrative region of the province's organs, enterprises, institutions for capital construction, technological transformation projects required for the procurement of electromechanical equipment (including instruments and meters), in addition to not having the conditions for bidding, where one of the following circumstances, should be entrusted to the bidding agency for bidding.

(a) the project's total investment in domestic equipment amounted to more than 1 million yuan;

(b) the project's total foreign exchange imported equipment in the amount of 500,000 U.S. dollars and above, or imported a single piece of equipment priced at 100,000 U.S. dollars and above;

(c) included in the state specific product catalog of imported electromechanical equipment;

(d) World Bank loan projects and international financial organization loan projects. Article 4 The procurement of equipment for projects directly utilizing foreign capital shall, in principle, also adopt the bidding method. Article V is one of the following cases, may not be through the bidding.

(a) the import of second-hand products;

(b) the use of foreign government loans or export credit imports;

(c) to compensate for trade imports;

(d) barter and small border trade imports;

(e) international organizations and donations of free assistance to the imports;

(f) the agencies and construction sites abroad to repatriate;

(g) the use of the World Bank loan projects and international financial organizations loan projects. Construction site repatriation;

(vii) production of imported parts and components;

(viii) imports involving national security and military secrets;

(ix) an amount of less than 100,000 U.S. dollars of imports, and in the short term can not be centralized batch bidding;

(x) the relevant state departments have a clear procurement method. Article 6 The bidding and tendering activities shall comply with the state laws and regulations, and accept the supervision and inspection by the relevant competent government departments, lending institutions and project owners. Chapter II Types of Bidding Article 7 The types of bidding are divided into domestic competitive bidding, domestic limited competitive bidding (referred to as domestic bidding); international competitive bidding, international limited competitive bidding (referred to as international bidding).

Competitive bidding (public bidding), shall be publicly published in the weekly China Bidding notice.

Limited competitive bidding (invitational bidding), shall be directed to potential bidders to send out bidding invitation letters. Chapter III Tendering Agency Article 8 electromechanical equipment bidding agency is an independent legal personality, with the appropriate specialized personnel and conditions, according to the provisions of the approved independent bidding activities of the specialized agency. The provincial electromechanical equipment bidding agency for the provincial electromechanical equipment bidding bureau. Article IX bidding agency shall comply with the relevant provisions of the state, according to the "electromechanical equipment bidding guidelines" (State Economic and Trade Standard [1993] No. 160) and the procedures set out in these measures, accept the state, local governments, financial institutions, project owners entrusted, independently or jointly with the relevant units, the project owner to specifically organize the implementation of international and domestic bidding work. Article 10 The bidding agency shall take "service, efficiency, fairness and authority" as its purpose, and impartially safeguard the legitimate rights and interests of the bidding commissioner and the voting party. Article 11 The bidding agency shall give full play to its role as an intermediary and service in the socialist market economy, use its information advantages and service means to provide project owners with domestic and foreign equipment consulting, equipment delivery, equipment acceptance and other services, to assist the project owners to do a good job in imported equipment approval, foreign transportation, import customs clearance, customs inspection, and take the initiative to cooperate with the relevant departments of the province to do a good job of the participation of enterprises in domestic and international bidding services. The service work of the provincial enterprises participating in domestic and international bidding. Chapter IV Identification of Bidding Projects Article 12 The way of electromechanical equipment bidding and procurement, according to the province's fixed asset management authority, by the relevant project feasibility study report or design mission statement of the approval of the department in accordance with the provisions of Article 3 of these Measures, the project owner (project contractor) to determine the project feasibility study report or design mission statement of the approval documents to be clear. Against the provisions of Article III of these Measures and their own procurement, in principle, can not be included in the annual fixed-asset investment plan, the Office of the Import and Export of Mechanical and Electrical Products, in principle, will not apply for approval of imports, the bank will not be loaned. Article XIII of the procurement of electromechanical equipment with the bidding method of the project, the project owner should be as soon as possible to get in touch with the relevant bidding institutions, timely commissioning procedures. Bidding organizations should take the initiative to door-to-door service, conscientious and responsible preparations for bidding. Article 14 For projects not included in the provisions of Article 3 of these Measures, the project owner may entrust the bidding agency to consult, with bidding conditions, the project owner is encouraged to bid for the procurement of equipment. Chapter V Bidding and Tendering Article 15 The project owner has the right to choose on its own a full-time bidding agency with the qualification of bidding for electromechanical equipment to handle the commissioning formalities. When going through the entrusted bidding procedures, the following documents and information shall be provided:

(1) the project feasibility study report and the approval documents or the approval documents of the expansion of the initial design;

(2) proof of the source of funds;

(3) entrusted bidding;

(4) bidding deposit creditworthiness certificate (bank guarantee). Its amount is 2% of the total amount of equipment entrusted to bidding.