工商领域企业固定资产投资项目招标投标管理办法 Decree of the State Economy and Trade Commission of the Peoples Republic of C

国家经济贸易委员会令第39号

颁布日期：20021029 　实施日期：20021201 　颁布单位：国家经济贸易委员会

　　The Measures for the Administration of Bid Invitation and Tendering for Bid of Fixed Asset Investment Projects of Enterprises in the Industrial and Commercial Sectors have been adopted at the directors' executive meeting of the State Economic and Trade Commission and are hereby promulgated for effect as of December 1， 2002.

　　Director of the State Economy and Trade Commission： Li Rongrong

　　October 29， 2002

　　Measures for the Administration of Bid Invitation and Tendering for Bid of Fixed Asset Investment Projects of Enterprises in the Industrial and Commercial Sectors

　　Chapter I General Provisions

　　Article 1 The present Measures have been formulated on the basis of the Law of the People's Republic of China on Bid Invitation and Tendering for Bid for the purpose of intensifying the administration of the fixed asset investment projects within the industrial and commercial sectors， regulating the bid invitation and tendering for bid of fixed asset investment projects in the industrial and commercial sectors， ensuring the fairness and justice of bid invitation and tendering for bid， protecting the lawful rights and interests of the parties concerned in bidding activities， increasing economic returns， and ensuring the quality of projects.

　　Article 2 The present Measures shall be applicable to the bid invitation and tendering for bid of the fixed asset investment projects in the industrial and commercial sectors within the territory of the People's Republic of China.

　　Article 3 The State Economy and Trade Commission （hereafter “the SETC”） and the economy and trade commissions of all provinces， autonomous regions， municipalities directly under the Central Government， municipality separately listed on the State plan， and the Xinjiang Production and Construction Corps （hereinafter referred to as “provincial-level economy and trade commissions”） are the administrative departments in charge of the bid invitation of the fixed asset investment projects within the industrial and commercial sectors （hereafter “the administrative department of bid invitation”） that are responsible for organizing， guiding and coordinating the bid invitation and tendering for bid of the fixed asset investment projects within the industrial and commercial sectors.

　　The SETC shall be responsible for the administration of the bid invitation and tendering for bid of the following projects：

　　a. The projects subject to submission by the SETC and approval of the State Council；

　　b. The projects subject to the examination and approval of the SETC；

　　c. The projects subject to the examination and approval of the provincial-level economy and trade commissions upon the authorization or entrustment of the SETC；

　　d. The projects above a certain limit that have been put in the archivist files of the SETC by the enterprises concerned according to the relevant provisions；

　　e. Other projects as provided by the SETC.

　　The provincial-level economy and trade commissions are responsible for the administration of the bid invitation and tendering for bid of the following projects：

　　a. The projects subject to the examination and approval of the provincial economy and trade commissions within their respective jurisdictions；

　　b. The projects that have been put in the archivist files of the provincial-level economy and trade commissions by the enterprises concerned according to the relevant provisions；

　　c. Any other project whose bid invitation and tendering for bid shall be subject to the supervision and administration of the provincial-level economy and trade commissions upon the entrustment of the SETC.

　　Article 4 The purchase of the technologies （including engineering design）， equipment （including materials）， const

ruction， installation and other goods and services under the item of the fixed asset investment projects within the industrial and commercial sectors shall be subject to bid invitation according to the provisions in relevant laws， administrative regulations and the present Measures：

　　a. The important investment projects that concern the social public interest or the public security；

　　b. The projects totally or partly funded by state-owned funds or state financing；

　　c. The projects using the loan or financial aid of international organizations or foreign governments.

　　The specific scope and standard of scale of the projects as listed in the preceding paragraph shall be the Provisions Concerning the Scope of Bid Invitation and Standard of Scale of Engineering Construction Projects.

　　Where there are different provisions concerning the bid invitation of projects， such provisions shall be observed.

　　Article 5 Any of the projects that meet the requirements provided in Article 4 of the present Measures shall， as a general rule， be subject to public bid invitation.

　　In any of the following circumstances， public bid invitation may be held upon the consent of the administrative department of investment：

　　a. The project involves any of the intellectual property rights or business secrets of the enterprise that implements the project；

　　b. The contents of purchase need to be jointly designed or jointly produced by the project entity and the providers of goods；

　　c. The project is general contracting in nature， and thus the technical plans thereof need to be determined by jointly with the providers of goods；

　　d. The security or secret of the state is concerned so that it is inappropriate to hold public bid invitations；

　　e. Any other circumstance in which requested bid invitation may be held according to the statutory provisions of the state.

　　Article 6 For any of the projects as provided in Article 4 of the present Measures， the project entity may， if any of the following circumstances occurs， make its purchases on its own initiative upon the consent of the administrative department of bid invitation：

　　a. It is provided in the project reply that the objects to be purchased concern the protection of intellectual property rights such as patent， know-how， etc.；

　　b. There are fewer than three providers that can provide the subject matter of purchase；

　　c. The total investment of the project is less than 30 million yuan， and the estimated contractual value of each purchase of important equipments or materials is less than 1 million yuan；

　　d. The total investment of the project is less than 30 million yuan， and the estimated contractual value of each construction is less than 2 million yuan.

　　e. The total investment of the project is less than 30 million yuan， and the estimated contractual value of each purchase of such services as prospecting， design， supervision， etc. is less than 500，000 yuan；

　　f. It is provided in any of the bilateral agreements concluded between China and any foreign government that it is inappropriate to render the purchase subject to bid invitation；

　　g. It is provided in any of the laws， regulations or policies of the state that it is inappropriate to render the purchase subject to bid invitation.

　　Chapter II Bid Invitation and Tendering for Bid

　　Article 7 After obtaining the project feasibility study report ratified by the administrative department of investment or the archivist filing documents of the project and the feasibility study report formulated by the investment consultation institutions that have been granted with corresponding qualifications by the State Economy and Trade Commission （“SETC”）， the project entity shall formulated a Checklist of Purchase for Fixed Asset Investment Projects in the Industrial and Commercial

Sectors as enumerated in Attachment I and shall submit it to the administrative department of bid invitation for archivist purposes.

　　Article 8 Where the content of a project has undergone important adjustment， the project entity shall， according to relevant provisions， report to the administrative department of investment， and make revisions to the checklist of purchase on the basis of the ratification opinions of the administrative department of investment， and at the same time， present the revised checklist of purchase to the administrative department of bid invitation for archivist purposes.

　　The phrase “important adjustment” as mentioned in the preceding paragraph refers to that important changes have happened to the content of the project such as the guiding principles of products， key techniques， technologies of the project， etc. or the scale of adjustment of the total investment of the fixed asset investment project exceeds 10% of the original budget.

　　Article 9 The project entities that are capable of formulating bid invitation documents and of organizing bid appraisals may handle the bid invitations by themselves. the project entities shall， according to relevant provisions， go through the procedures of making archivist filing for their bid invitations.

　　Article 10 Project entities may entrust， on their own initiatives， any of the agencies of bid invitation that have been granted with corresponding qualifications by the SETC （hereafter “bid invitation agencies”） to undertake the bid invitations. No institution that has not obtained the qualifications of bid invitation agency provided by the SETC may not engage in any of the bid invitation agency for fixed asset investment projects in the industrial and commercial sectors.

　　The bid invitat

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