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Circular of the Ministry of Finance on Printing and Distributing the Amended Tender Method for the Purchasing Firms in Projects with
Foreign Government Loans
CaiJin [2001] No.221
September 29, 2001
The finance departments (bureaus) of all provinces, autonomous regions, municipalitie directly under the Central Government and municipalities
separately listed on the State plan, the Finance Bureau of Xinjiang Production and Construction Corps, and all purchasing firms:
In order to normalize the tendering methods for the purchasing firms in projects with foreign government loans, the Ministry of Finance
has made necessary amendments to the Tender Method for the Purchasing Firms in Projects with Foreign Government Loans. The amended
Tender Method for the Purchasing Firms in Projects with Foreign Government Loans is hereby printed and distributed to you, please
carry it out accordingly. The Circular on Printing and Distributing the Tender Method for the Purchasing Firms in Projects with Foreign
Government Loans (CaiJin [2000] No.159) shall be nullified simultaneously.
Attachment:
Tender Method for the Purchasing Firms in Projects with Foreign Government Loans
Tender Method for the Purchasing Firms in Projects with Foreign Government Loans This method has been formulated in order to strengthen
the administration of tendering procedures for the purchasing firms in projects with foreign government loans, and to ensure fairness,
impartiality and openness of tendering procedures.
I.
The “projects with foreign government loans” (hereinafter as “loan projects”) of this Method refers to those utilizing foreign government
loans (including loans supplied without conditions attached from Japanese International Synergy Bank, and loans provided by North
European Investment Bank and North European Development Fund) and other foreign loans as stipulated by the State Council under preferential
terms. The “purchasing firms” of this Method refers to enterprises with a foreign trade operation license for at least three years,
subject to the approval of competent authorities under the State Council. Purchasing firms participating in loan projects of US$
5 million and above shall be holders of Class A Qualification Certificate for International Tendering Participation as issued by
competent authorities under the State Council, except that the loan providing country has special provisions. The “borrower” of this
Method refers to the relevant agency, institution or legal entity that sign the re-loaning agreement with the re-loaning bank and
bears the ultimate liabilities to repay the loans.
II.
After the Ministry of Finance (hereinafter referred to as MOF) receives the documents transferred from the State Planning and Development
Commission, it shall notify the relevant agencies and finance departments (bureaus) of provinces, autonomous regions, municipalities
directly under the Central Government, municipalities separately listed on the State plan (hereinafter as “local finance agencies”)
to start the tendering of purchasing firms for the loan projects that are in line with the corresponding conditions (or that have
been approved by the loan providing country based on its requests), and release the information to the purchasing firms. Local finance
agencies shall notify within the prescribed period, and direct and supervise the borrower to conduct the tendering of purchasing
firms.
III.
The borrower shall, upon receiving a Circular from the local finance agency, simultaneously deliver to three or more purchasing firms
a tender invitation (see Attachment I) within ten working days. For a project package involving at least two sub-projects, one tender
procedure will apply as a single project. The deadline for the tender invitation will be at least ten workings days after the date
of the delivery of the invitation, as evidenced by postal stamps.
IV.
Purchasing firms that receive a tender invitation letter shall fill in an agency application form (see Attachment II) in line with
the requirements. The agency application form shall be sealed up and submitted to the address and at the time as stipulated in the
invitation letter. An agency application form shall bear signatures of the general manager or deputy general manager with the corporate
stamp. In case of less than three purchasing firms that have submitted their agency application forms by the designated deadline,
another round of tender invitation will be performed. Purchasing firms may not participate in the tendering in the name of its subsidiary
firm or business department (excluding the projects with loans of Yen). Purchasing firms may apply for joint bidding based on voluntary
negotiations, but one of the parties will be identified and defined as the sponsor, and scores earned by the sponsor for such an
applicant during the tender evaluation procedure will be viewed as those for the joint bid.
V.
The borrower shall organize an examination and appraisal committee (hereinafter referred to as the “appraisal body”) consisting of
five or seven members (hereinafter referred to as the “appraisal members”) with a head of the borrower in direct charge of the project
chairing the appraisal body and assuming the overall responsibilities over the appraisal activities. The borrower shall formulate
the detailed rules for tender evaluation according to this Method and the relevant provisions formulated by the Ministry of Finance
governing purchases with foreign government loans, and the detailed rules for tender evaluation shall not conflict with the relevant
provisions of this Method, etc. Based on the principle of objectivity and fairness, the appraisal body shall independently evaluate
the agency application forms based on the established appraisal standards, free of any interference. Local finance agencies may send
representatives to the appraisal body in case of Class B projects; and in principle, local finance agencies shall not send representatives
to the appraisal body in case of Class C projects.
VI.
The evaluation contents and the relevant scores are as follows:
1.
Loan projects of US$ 5 million and above
(1)
An accumulated US$ 100 million or above of cargo has been shipped and delivered in the form of imports in the past three years, 20
points; US$ 50-100 million (inclusive of 50 million), 15 points; and under US$ 50 million, 10 points. Auditing statements issued
by an intermediary body shall be attached as required.
(2)
An accumulated US$ 40 million or above of commissioned loan projects undertaken as an agent in the past three years, 15 points; US$
30-40 million (inclusive of 30 million), 13 points; US$ 20-30 million (inclusive of 20 million), 10 points; US$ 10-20 million (inclusive
of 10 million), 7 points; and under US$ 10 million, 3 points. Circular for purchasing commissioning or approval for a winner of a
tender issued by the Ministry of Finance shall be attached as required.
(3)
An accumulated US$ 50 million or above of complete sets of equipment in the form of imports for other than loan projects in the past
three years, 10 points; US$ 30-50 million (inclusive of 30 million), 7 points; US$ 10-30 million (inclusive of 10 million), 5 points;
and under US$ 10 million, 3 points. Auditing statements issued by an intermediary body shall be attached as required.
(4)
Performance of the tender projects of the same industry, 0-10 points.
(5)
Qualification, capabilities and performance of personnel in charge of purchasing and procurement, not more than 15 points.
(6)
Work plan and planned work flow to be rendered, not more than 15 points.
(7)
Fees levied based on the Provisional Regulations on the Management of Procurement and Purchasing Under Projects Financed by Foreign
Government Loans, (CaiZhai [1999] No. 34), 5 points; 0 point for those violating the regulations.
(8)
Any other technological factors necessary based on the nature of the project, 0-10 points.
2.
Loan projects under US$ 5 million
(1)
An accumulated US$ 50 million or above of cargo has been shipped and delivered in the form of imports in the past three years, 20
points; US$ 30-50 million (inclusive of 30 million), 15 points; and under US$ 30 million, 10 points. Auditing statements issued by
an intermediary body will be attached as required.
(2)
An accumulated US$ 20 million or above of commissioned loan projects undertaken as an agent in the past three years, 15 points; US$
10-20 million (inclusive of 10 million), 13 points; US$ 5-10 million (inclusive of 5 million), 10 points; US$ 3-5 million (inclusive
of 3 million), 7 points; and under US$ 3 million, 3 points. Circular for purchasing commissioning or approval for a winner of a tender
issued by the MOF shall be attached as required.
(3)
An accumulated US$ 30 million or above of complete sets of equipment in the form of imports for other than loan projects in the past
three years, 10 points; US$ 20-30 million (inclusive of 20 million), 7 points; US$ 10-20 million (inclusive of 10 million), 5 points;
and under US$ 10 million, 3 points. Auditing statements issued by an intermediary body shall be attached as required.
(4)
Performance of the tender projects of the same industry, 0-10 points.
(5)
Qualification, capabilities and performance of personnel in charge of purchasing and procurement, not more than 15 points.
(6)
Work plan and planned work flow to be rendered, not more than 15 points.
(7)
Fees levied based on the Provisional Regulations on the Management of Procurement and Purchasing Under Projects Financed by Foreign
Government Loans (CaiZhai [1999] No. 34), 5 points; 0 point for those violating the regulations.
(8)
Any other technological factors necessary based on the nature of the project, 10 points.
VII.
When the tender invitation period ends with purchasing firms having submitted their sealed agency application forms to the borrower,
the head of the appraisal body will summon an evaluation meeting, at which all the agency application forms will be disclosed at
the same time and scores of items 1-3 and item 7 for each of the application forms will be determined on the spot based on the given
criteria. As items 4, 5, 6 and 8 are subject to judgment scores, appraisal members will give their scores independently on the spot.
After all the appraisal members given their respective scores, the highest score and the lowest score of the outcome shall be excluded,
and the scores given by the rest of the appraisal members shall be added up, the applicant with the highest score shall win the tender.
VIII.
The borrower shall keep secret the information on the agency application forms submitted and the appraisal members shall not release
any information relevant before the results are published. All participating purchasing firms are prohibited from exerting influence
or impact on the appraisal members by any malfeasant means. Any unit or individual is prohibited from interfering with the appraisal
work.
IX.
The borrower shall submit to the local finance agency a report in detail the composition of the appraisal body, appraisal procedure,
scores for each of the applicant purchasing firms and the final appraisal results within five working days after the completion of
the appraisal procedure. The local finance agency shall make examination and verification according to the relevant provisions of
this Method, but may not change the appraisal results of the appraisal body at will. If the local finance agency has any different
opinions on the appraisal results, it may submit the opinions together with the appraisal results to the MOF within 5 workdays. And
the MOF shall reply to the local finance agency within ten workdays after receiving the report with copies of the reply to be delivered
to the winner of the tender. The borrower and winning purchasing firm will enter into a commissioning agreement (see Attachment III)
within 15 working days after receiving the copy of the reply of MOF.
X.
Efforts are to be made to avoid monopoly practices or sector/local protectionism in any forms in selecting a purchasing firm for a
loan project. Monopoly orientation occurs when the value amount of loan projects won by any company under the Central Government
through tender procedures is in excess of 50% of the total value of the loan projects released for tendering in any one calendar
year, or the value amount of local loan projects won by any local company through tender procedures is in excess of 60% of the total
value of the loan projects released for tendering in its relevant locality (province, autonomous region, municipality directly under
the Central Government, or municipalities separately listed on the State plan) in any one calendar year. MOF will make the regular
statistical survey over the tender-related activities for loan projects and impose restrictive measures on monopoly-oriented purchasing
firms. After the tender procedures for purchasing firms end, all the original tendering documents and scoring records shall be kept
in the archives by the borrower for two years.
XI.
Local finance agencies shall strengthen their supervision, survey and administration of tender procedures and execution of commissioning
agreements and report the relevant issues to MOF in time. All the relevant units shall observe the relevant domestic laws and regulations
and the relevant rules of the loan providing countries. Any unit or individual is obliged to report the violations of rules or illegal
practices in relevant procedures to the function agencies or legal authorities of the local government. In case of violation of rules
by a relevant unit, the MOF shall authorize local finance agencies to investigate and resolve it, or may organize the finance superintendent
office delegated by the MOF to the provinces, autonomous regions, municipalities directly under the Central Government or municipalities
separately listed on the State plan to investigate and resolve it. Any violation of rules will be circulated within the system upon
verification.
XII.
The tendering procedure for a purchasing firm for loan projects undertaken by enterprises or units directly subordinated to agencies
under the Central Government may refer to this Method.
XIII.
Where any existing provision on the administration of foreign government loans is in contravention with this Method, this Method shall
prevail.
XIV.
This Method shall take effect as of the date of promulgation.
Attachment:
1.
Tender invitation letter (format)(omitted)
2.
Agency application form (format)(omitted)
3.
Commissioning agreement (format)(omitted)
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