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Ministry of Commerce
Decree of Ministry of Commerce of the People’s Republic of China
No. 6
Qualification Examination and Approval Measures on International Bidding Organs of Mechanical and Electrical Products was adopted
by the First Ministerial Conference on January 1, 2005. The said Measures are hereby announced and come into effect on March 1, 2005.
Minister of Ministry of Commerce, Bo Xilai
February 5, 2005
Qualification Examination and Approval Measures on International Bidding Bodies of Mechanical and Electrical Products
Chapter I General Principles
Article 1
For the purposes of safeguarding open, fair and just of international bidding of mechanical and electrical products, making sure that
it is going regularly and regulating qualification examination and approval of international bidding bodies of international mechanical
and electrical products, these measures are formulated in accordance with Law of Inviting and Submitting a Tender of PRC, Administrative
Law of PRC and administrative supervision responsibilities that State Council confers to relevant department for carrying out bid
inviting and entering.
Article 2
International bidding bodies of mechanical and electrical products mean legal persons approved and conferred international bidding
qualification by Ministry of Commerce and engaged in international bidding business of mechanical and electrical products.
Article 3
Ministry of Commerce is responsible for qualification examination and approval and annual qualification examination of international
bid inviting and entering of mechanical and electrical products all over the country.
All provinces, municipalities under the Central Government, cities specifically designated in the state plan, coastal open cities,
special economic zones, Xinjiang Production and Construction Corp., import and export management bodies of all mechanical and electrical
products departments (hereinafter referred to as “competent department”) are responsible for preliminary examination of qualification
examination and approval and annual qualification examination of international bidding bodies of mechanical and electrical products
of this area and this department.
Chapter II Application and Approval of the qualification
Article 4
Any enterprise that is engaged in international bidding business by means of making use of foreign loan and domestic funds to purchase
mechanical and electrical products should obtain international bidding qualification of mechanical and electrical products.
The qualifications of international bidding bodies of mechanical and electrical products are divided into Grade A, Grade B and Grade
Pre-B. International bidding bodies of Grade A are not restricted by sum of trust money when they are engaged in international bidding
business of mechanical and electrical products. International bidding bodies of Grade B can only be engaged in international bidding
business with only once trust money less than 40 million US dollars. International bidding bodies of Grade Pre-B can be only engaged
in only once international bidding business of mechanical and electrical products with only once trust money less than 20 million
US dollars.
Article 5
The legal person who has not obtained international bidding qualifications of mechanical and electrical products can only apply for
international bidding qualification of Grade Pre-B of mechanical and electrical products.
Article 6
The legal person who applies for international bidding qualification of Grade Pre-B mechanical and electrical products should meet
following requirements:
1.
Must not have relationship of administrative subordination and other interests with administrative organs and other state agencies;
2.
Have relevant funds;
3.
Have fixed business place (including the hall of opening sealed tenders) and the facilities needed by international bidding business
and as well as modernized office equipment connecting professional information net; and
4.
Have relevant professional strength that have the ability to draw up bidding files and organize bid evaluation;
(1)
Have full-time bidding staffs higher than personnel post_titles of middle rank no less than 70 per cent of the total staffs engaged in
bidding business; and
(2)
Have more than three years of international bidding experience of mechanical and electrical products, and have achievements of domestic
open bidding of mechanical and electrical products more than 0.2 billion yuan in recent three years; or have been engaged in foreign
trade business for more than three years and annual average total sum of import and export of mechanical and electrical products
is more than 0.6 billion yuan in recent three years.
Article 7
The applicant should submit application materials to relevant competent department for preliminary examination during July 1 to 5
every year. Relevant competent department should show written certificate with affixed special seal of Ministry of Commerce and indication
of date regardless it accepts or does not accept the application for the administrative permission. Relevant Competent department
should put forward preliminary examination comments within 20 days as of the receipt of the application and submit its preliminary
comments on the examination and the applicant’s application materials to Ministry of Commerce during August 1 to 5 the same year.
The application materials the applicant provides should include following content:
1.
Letter of Application, including registered time of legal person, personnel structure of the workers and staff members, business place
for bid, allocation of computers and information network and the summary of the achievements of international bidding or import and
export of mechanical and electrical products;
2.
Company’s regulations and rules;
3.
Legal person’s business license (copy);
4.
Registration form of foreign trade managers for the record (copy);
5.
Registration Table of Import and Export Achievements of Mechanical and Electrical Products (Appendix I) or Table of Domestic Open
Bidding Achievements of Mechanical and Electrical Products (Appendix Form II), Divisional Item Table of Domestic Open Bidding (Appendix
Form III) and following materials (copy);
(1)
Deputy Contract of Bid Trust;
(2)
Published Bidding Announcement;
(3)
Record of Opening a bid; and
(4)
Notice of Winning a bid.
6.
Table of the Enterprises’ setups; (Appendix IV); and
7.
Name list of full-time bidding staffs higher than personnel post_titles of middle rank (Appendix Form V).
Article 8
Ministry of Commerce should examine and make administrative permission within 20 days at receipt of the application materials and
preliminary comments transferred by relevant competent department and publish the results. If any one meets the provisions of these
measures Ministry of Commerce should confer international bidding qualification of Grade Pre-B of mechanical and electrical products
upon him and at the same time issue him Qualification Certificate of International Bidding Bodies (hereinafter referred to as “Qualification
Certificate”. The certificate should come into effect as of the issuing day and lose efficacy after the announcement of the examination
result of next annual year.
Article 9
International bidding bodies of mechanical and electrical products of Grade Pre-B who meet the requirements stipulated in Article
5 of these measures may apply for international bidding qualification of Grade B. International bidding bodies of mechanical and
electrical products of Grade B and Grade Pre-B that meet with the requirements stipulated in Article 16 of these measures may apply
for international bidding qualification of Grade A.
Article 10
If any applicant provides false materials when they make application for international bidding qualifications of mechanical and electrical
products, this application should be ineffective and its application for international bidding qualifications of mechanical and electrical
products in the next annual year will not be accepted.
Chapter III Annual qualification examination
Article 11
Ministry of Commerce carry out annual qualification examination on international bidding bodies of mechanical and electrical products
every year. International bidding bodies that obtained their international bidding qualification for less than one year do not need
to attend the qualification examination in next annual year.
Article 12
International bidding bodies of mechanical and electronic products should submit their annual examination materials to relevant competent
department for preliminary examination during January 1 to 10 every year. Relevant Competent department should submit preliminary
examination comments and application materials to Ministry of Commerce during February 1 to 10 every year.
Article 13
International bidding bodies of mechanical and electrical products should submit following materials when they apply for annual qualification
examination:
1.
The bidding achievements of international bidding bodies of mechanical and electrical products in the last annual year, taking the
sum of winning bids in international bidding business of mechanical and electrical products through special network authorized by
Ministry of Commerce as standard.
2.
Annual qualification examination application, including: the changes of organization structure, measures on regulating bidding, summary
of international and domestic bidding achievements, etc.;
3.
Legal persons’ business license (copy);
4.
Table of International Bidding Achievements of mechanical and electrical products (Appendix VI); and
5.
Duplicate of qualification certificate.
Article 14
If international bidding bodies of mechanical and electrical products meet following requirements, annual qualification examination
should be passed and reissued the qualification certificate by Ministry of Commerce:
1.
Annual international bidding achievements of mechanical and electrical products of international bidding bodies of mechanical and
electrical products of Grade A should be more than 80 million US dollars;
2.
Annual international bidding achievements of mechanical and electrical products of international bidding bodies of Grade B should
be more than 50 million US dollars;
3.
Annual international bidding achievements of mechanical and electrical products of international bidding bodies of Grade Pre-B should
be more than 30 million US dollars; and
4.
Whoever does not violate Law of Inviting and Entering a Bid, Implementation Measures on International Inviting and Entering a Bid
of Chemical and Electrical Products, the said measures and other related regulations.
Article 15
When international bidding bodies of mechanical and electrical products of Grade Pre-B attend annual qualification examination, if
annual bidding achievements have reached more than 50 million US dollars, they may make an application for going up a grade. Their
grade of international bidding qualification may be gone up to Grade B.
Article 16
When international bidding bodies of mechanical and electrical products of Grade Pre-B or Grade B attend annual qualification examination,
if they meet with one of following requirements, they may make application for going up a grade and their international bidding qualification
may be going up to Grade A with the examination and approval of Ministry of Commerce:
1.
Annual bidding achievements of international bidding bodies of mechanical and electrical products of Grade B is more than 0.1 billion
US dollars and the registered funds is more than 10 million dollars;
2.
Annual bidding achievements of International bidding bodies of mechanical and electrical products of Grade B is accumulatively more
than 0.18 billion US dollars in two years since they obtained international bidding qualification of Grade B and have registered
funds more than 10 million dollars;
3.
Annual bidding achievements of International bidding bodies of mechanical and electrical products of Grade B is accumulatively more
than 0.25 billion US dollars in three years since they obtained international bidding qualification of Grade B and have registered
funds more than 10 million dollars; and
4.
Annual bidding achievements of international bidding bodies of mechanical and electrical products of Grade B is accumulatively more
than 0.2 billion US dollars since they obtained international bidding qualification of Grade B and have registered funds more than
10 million dollars;
Article 17
When international bidding bodies of mechanical and electrical products attend annual qualification examination, the grade of bidding
qualification should be lowered in case of following circumstances, but if there is any special provisions specially stipulated by
Ministry of Commerce, the standard of annual qualification examination may be relaxed properly:
1.
If any international bidding body whose annual bidding achievements of mechanical and electrical products of Grade A is less than
80 million dollars but more than 50 million dollars, its grade should be lowered to Grade B;
2.
If any international bidding body whose annual bidding achievements of mechanical and electrical products of Grade A is less than
50 million dollars but more than 30 million dollars, it should be lowered to Grade Pre-B; and
3.
If any international bidding body whose annual bidding achievements of mechanical and electrical products of Grade B is less than
50 million dollars but more than 30 million dollars, it should be lowered to Grade Pre-B.
Article 18
If international bidding body of international mechanical and electrical products whose annual bidding achievements is less than 30
million dollars when it attends annual qualification examination it must not be passed annual qualification examination in this examination
and must not carry out its international bidding business of mechanical and electrical products continuously as of the publication
of the result of this annual qualification examination, and Ministry of Commerce should not handle its application for international
bidding qualification of mechanical and electrical products within one year. But, if State Council has special provisions or other
special reasons, the standard of annual qualification examination may be relaxed properly.
Article 19
If any international bidding body of mechanical and electrical products has been given a warning in the last annual year, its grade
should be lowered one grade while annual qualification examination, and as for the international bidding body who meet the requirements
of going up a grade should not be given the higher grade.
If any international bidding body of mechanical and electrical products has been given warnings twice in annual bidding examination
last annual year, it must not attend annual qualification this annual year, and its bidding achievements of last annual year should
be examined in next annual qualification examination, and from the date of the publication of annual qualification examination result
of this year until the passing of annual bidding examination next year, it must not carry out international bidding business of mechanical
and electrical products continuously.
If any international bidding body of mechanical and electrical products has been given warnings for three times in annual qualification
examination last annual year, it must not attend annual qualification this annual year, and as of the date of the publication of
annual qualification examination result of this year, it must not carry out international bidding business of mechanical and electrical
products continuously, and Ministry of Commerce should not handle its application for international bidding qualification of mechanical
and electrical products.
Article 20
If there are any changes of the name, legal persons, address of international bidding body of mechanical and electrical products,
an application for changing the qualification certificate should be made to Ministry of Commerce. If there are any great changes
in any international bidding bodies, such as amalgamation, division and etc., and it causes substantive changes to the original body,
an application for international bidding qualification should be made again to Ministry of Commerce.
Article 21
If any international bidding body has not attended annual qualification examination in accordance with the provisions of these measures,
its qualification certificate of international bidding loses its efficacy automatically at the expiring date.
Article 22
If any international bidding body submits false annual examination materials, it must not be passed the annual qualification examination
and Ministry of Commerce should not handle its application for international bidding qualification.
Article 23
Ministry of Commerce is responsible for the publication of annual qualification examination.
Chapter IV Punishment Provisions
Article 24
International bidding bodies of mechanical and electrical products should be given warnings and imposed a fine of less than 30 thousand
yuan in case of following circumstances:
1.
Alter qualification certificate;
2.
Transfer and lend qualification certificate;
3.
Revise bidding documents without permission;
4.
Bidding materials and bid evaluation report are not put on record in accordance with rules;
5.
Do not make bid evaluation in accordance with bid evaluation rules stipulated by relevant regulations;
6.
Bid evaluation report does not reflect the actual situation in the documents of inviting bid and entering bid;
7.
Do not form bid evaluation commission in accordance with rules;
8.
Authorize the body who has no international bidding qualification to carry out the substantive business in international bidding activities;
9.
Authorize branch body to carry out substantive business in international bidding activities;
10.
Revise bid result without permission; and
11.
Other activities that violate Law of Inviting and Entering a Bid, Implementation Measures on International Bid Inviting and Entering
of Mechanical and Electrical Products, these measures and other relevant national laws and regulations of bid inviting and entering.
Article 25
International bidding body of mechanical and electrical products that has one of following activities should be imposed a fine of
more than 50 thousand yuan and less than 250 thousand yuan, and the direct competent person who is in charge of the body and other
direct responsible persons should be imposed a fine of more than 50 per cent and less than 10 per cent of the sum imposed on the
body. If any body has illegal income, the illegal income should be confiscated. If the case is serious, its international bidding
qualification of mechanical and electrical products should be suspended and cancelled.
1.
Act in collusion with the tenderer to make false bid inviting;
2.
Leak the situation and materials relating to bid inviting and entering that should be kept confidential; and
3.
Act in collusion with the tenderer to make substantive revision on business, technique and price in bid entering documents.
Chapter V Supplementary Provisions
Article 26
The interpretation of the said measures shall be vested in Ministry of Commerce.
Article 27
The said measures shall come into effect as of March 1, 2005. Former Qualification Approval Measures of International Bidding Body,
Circular of Implementing Annual Examination on International Bidding Body of Mechanical and Electrical Products and Supplementary
Circular of Qualification Approval and Annual Examination of International Bidding Bodies shall be abolished simultaneously.
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