PROVISIONS OF THE MINISTRY OF COMMERCE ON ANNOUNCING AND QUESTIONING THE BID EVALUATION RESULTS OF FOREIGN-AID PROJECTS
Notice of the Ministry of Commerce on Printing and Distributing the Provisions of the Ministry of Commerce on the Announcing and Questioning of the Bid Evaluation Results of Foreign-aid Projects (for Trial Implementation) Shang Yuan Fa [2006] No. 413 The competent departments of commerce of all provinces, autonomous regions and municipalities directly under the Central Government, For the purpose of strengthening the administrative supervision and administration on bidding for foreign aid projects and effectively The department of this Ministry that uniformly accepts the questions over announced bid evaluation results of foreign aid projects The accepting department: Foreign Aid Department of the Ministry of Commerce Address: No. 82 Dong’anmen Street, Beijing Floor 6th, Dong’anmen Office District, the Ministry of Commerce Contact Number: 010-85226617, 85226649 Fax: 010-65129350 The Ministry of Commerce of the People’s Republic of China August 22, 2006 Provisions of the Ministry of Commerce on Announcing and Questioning the Bid Evaluation Results of Foreign-aid Projects For the purpose of strengthening the administrative supervision and administration on bidding for foreign aid projects, effectively 1. The foreign aid projects, whose implementation entities are selected by way of competitive bidding, shall all be listed into the announcing In case the scope of publicity shall be expanded as required by business development, the Ministry of Commerce shall make supplementary 2. The bid evaluation result of a foreign aid project shall be announced after the related bid opening is conducted and before a notice Where there is no question or all questions are settled upon expiration of the period for announcement, the Ministry of Commerce shall 3. The Ministry of Commerce shall announce the following items to the bidding enterprises through the “Exclusive Network for Foreign (1) main contents of the bid evaluation report, including the validation of the effectiveness of bids that have been effectively served, (2) result of bid opening; (3) contact persons and contact information for consulting the contents of the bid evaluation report, which have been designated for explanation; (4) how to raise questions and the question accepting organ. 4. Bidding enterprises shall, within the period of announcement, consult by themselves the published bid evaluation results through the 5. Bidding enterprises, which have any different opinion on any bid evaluation result (hereinafter referred to as the question raiser) (1) any law-breaking or rule-breaking act in the bidding procedures; (2) any law-breaking or rule-breaking act during the organization of bid evaluation; or (3) any law-breaking or rule-breaking act concerning bid evaluation results. 6. The question raiser shall fill in a Questioning Form of Bid Evaluation Results (see the appendix for details) to raise questions, 7. The question raiser shall guarantee the authenticity and lawfulness of the source of its questioned contents and related certification Where, upon verification, the question raiser brings forward any false questions, yet if it is not out of any subjective deliberate 8. The Ministry of Commerce (to be specific, Foreign Trade Department) shall uniformly be responsible for accepting the questions posed 9. Questions may not be accepted under any of the following circumstances: (1) where it fails to be effectively served in accordance with these provisions; (2) where it is brought forward by a non-bidder; (3) where no legal seal is affixed to the Questioning Form of Bid Evaluation Results as well as the related letters; (4) where there is no clear content, clue or related evidence; or (5) where any different opinion is raised merely against the bid evaluation result in the absence of any related evidence. 10. The Ministry of Commerce shall inform the question raiser of the result of question treatment within 10 workdays as of the day when The results of question treatment are classified into three types: maintaining the bid evaluation result, altering the bid winner 11. In case a question raiser has any different opinion on the treatment of its question, an administrative review or lawsuit may be raised 12. The Ministry of Commerce is responsible for interpreting such matters as are not prescribed herein. These Provisions shall go into effect as of September 1, 2006. The Ministry of Commerce of the People’s Republic of China August 1, 2006 |
The Ministry of Commerce
2006-08-22