Implementation Measures for International Bidding and Bidding of Mechanical and Electrical Products

The Measures for the Implementation of International Bidding and Bidding for Mechanical and Electrical Products shall be implemented on December 1.

In order to standardize the international bidding and bidding activities of mechanical and electrical products, protect the national interests, social public interests and the legitimate rights and interests of the parties to the bidding and tendering activities, and establish an international bidding competition mechanism and evaluation criteria for openness, fairness, impartiality, integrity and merit, the Ministry of Commerce has promulgated The Measures for the Implementation of International Bidding for Mechanical and Electrical Products will be implemented on December 1, 2004.

The "Measures" pointed out that the international bidding for mechanical and electrical products should generally be conducted by means of open tendering; in accordance with relevant regulations, if it is not suitable for open tendering, invitations to invite tenders may be adopted, and projects using invitational tendering methods shall be filed with the Ministry of Commerce. International procurement of mechanical and electrical products shall be conducted by means of international bidding; it is clear that the origin of the purchased products is domestic, and may be conducted by means of domestic tendering. If it is to be purchased through international bidding, international tendering shall not be circumvented by domestic tendering or other means.

The "Measures" stipulates that the National Evaluation Committee is responsible for the supervision and inspection of the international bidding and tendering work of international financial organization loan projects, coordinating and solving relevant problems in the bidding and bidding process, and reviewing the results of bid evaluation.

The "Measures" stipulates in detail the publicity and questioning of the evaluation results. After the evaluation, the tendering agency shall publicize the results of the bid evaluation on the tendering network, and the publicity period is seven days. The bidder may question the legality of the bidding procedure, the legality of the bid evaluation result, the legitimacy of the members of the bid evaluation committee, or the bidder's belief that the reason for not winning the bid is insufficient. If during the publicity period, the bidder will challenge the corresponding competent authority online. The bidder shall first fill out the “Questioning Result Questionnaire” on the bidding website online during the publicity period, and within the public notice period and within three days after the end, the signature or signature of the legal representative of the bidder or the legal representative shall be signed or signed. The Questionnaire Results Bid Question Form and related materials are sent to the appropriate authorities for effectiveness.

The bidder may also submit a written objection to the bidding agency within the publicity period of the bid evaluation result. After receiving the written objection from the bidder, the bidding agency shall give a written or oral reply before the end of the publicity period. If the bidder has not received a reply from the tendering agency or has objections to the result of the reply, it may file a challenge with the corresponding competent authority on the Internet during the publicity period. The competent department handles the results of the challenge processing according to the situation and can be divided into three types: maintaining the original evaluation result, changing the winning bidder and invalidating the bid. The competent department's handling of the challenge will be effective immediately and the public announcement result will be announced. If the bidder still has objections to the handling opinions of the competent department, it may file an administrative reconsideration or an administrative lawsuit according to law.

The "Measures" standardizes the procedures for winning the bid. It is pointed out that for projects that must be tendered according to law, the competent department shall, within three days after the announcement of the results of the public announcement, issue a Notice of Recording of Bid Evaluation Results through the tendering network. The tendering agency shall issue a notice of winning the bid to the winning bidder on the basis of the Notice of Recording of Bid Evaluation Results, and notify the other bidders of the results on the Internet. The tenderee and the winning bidder shall sign the supply contract in accordance with the bidding documents and the bidding documents within 30 days from the date of issuance of the bid winning notice. The tenderee or the winning bidder shall not refuse or delay the contract with the other party without reason.

The "Measures" stipulates in more detail the legal responsibility of the tenderee and the bidder. The tenderer and the bidder collude with each other and engage in false bidding; or the bidder's substantive content such as the bid price and bidding plan before the bid evaluation result takes effect Negotiating or signing the supply contract; interfering with the bidding and bid evaluation; the bidder or the successful bidder fails to perform the signed supply contract, etc., and the bidding is invalid and will be warned. If the bidder's circumstances are serious, the bidding qualification for the bidding project will be cancelled within one to two years. (Source: hc360 HC Network)


The authenticity of this information has not been confirmed by the international electrical network, for your reference only.

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