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

ion agencies that have obtained the qualifications of bid invitation agency shall engage in the bid invitation agency business that match with their qualifications according to the relevant provisions.

　　Article 11 The qualifications of the bid invitation agencies are classified into Grade A， Grade B and Grade B （preparatory）。

　　The bid invitation agencies with the qualification of Grade A may engage in the bid invitation agency of the fixed asset investment projects of the industrial and commercial sectors both above and below the quotas， and the bid invitation agencies with the qualifications of Grade B and Grade B （preparatory） may engage in the bid invitation agency of the fixed asset investment projects of the industrial and commercial sectors below the quotas.

　　The term “projects above the quotas” as mentioned in the present Article refers to the domestically invested projects with a fixed asset investment of 30 million yuan or more and the foreign invested projects with a fixed asset investment of 30 million USD or more. The domestically invested projects above the quotas in the industrial sectors of electric power （including nuclear power）， metallurgy of ferrous metals， chemical industry， construction materials， civil aviation， coal， petroleum chemical industry， petroleum natural gases， telecommunications （including postal administration）， non-ferrous metals （including rare earth）， etc. refers to those whose fixed asset investment is 50 million yuan or more.

　　Article 12 When entrusting agencies to hold bid invitations， a project entity shall provide the official replies of the projects and a checklist of purchase for entrusted bid invitation.

　　When accepting the entrustment of a project entity for bid invitation， a bid invitation agency shall show its certificate of qualifications， make clear the scope of bid invitation agency business that it engages in， and verify the official replies of the projects and the contents of the entrusted bid invitation. The parties concerned shall enter into written agreements of entrusted bid invitation.

　　Article 13 The bid invitation agencies and

the project entities that hold bid invitations by themselves shall formulate bid invitation documents according to the requirements of the projects by referring to the Model Bid Invitation Documents for Fixed Asset Investment Projects in the Industrial and Commercial Sectors （to be formulated separately）， and fill in the Appendixes for Archivist Filing of Bid Invitation Documents for Fixed Asset Investment Projects in the Industrial and Commercial Sectors as listed in Attachment II. The checklists of purchase subject to bid invitation， the agreements of entrusted bid invitation， the appendixes for the archivist filing of bid invitation documents and the bid invitation document shall be presented to the administrative department of bid invitation for archivist purposes.

　　Article 14 Bid invitation documents shall be published in designated mass media for no less than 20 days.

　　Article 15 In case of the bid invitation documents is changed， the bid invitation agency or the project entity that hold bid invitations by itself shall present the files to the administrative department of bid invitation for archivist purposes and have them published in good time. The changes shall be informed to all the bid tenderers that have subscribed to the bid invitation documents.

　　In case the time for opening bids is changed， public announcements shall also be made in corresponding mass media.

　　Article 16 Bid tenderers shall formulate bidding documents according to the requirements as provided in the bid invitation documents， and submit the sealed bidding documents and corresponding floppy disks to the bid invitation institution according to the time， venue required by the bid invitation documents. All bidding documents submitted overdue shall be invalid.

　　Article 17 Bid tenderers may， prior to the expiration of the prescribed deadline， make supplements or revisions to the bidding documents they have submitted or even cancel them. The supplements and the revisions shall form a component part of the bidding documents.

　　Chapter III Bid Opening， Bid Appraisal and Bid Winning

　　Article 18 Bid invitation agencies and the project entities that hold bid invitations by themselves shall open bids according to the time and venue as provided in the bid invitation documents. All tenderers shall be invited to participate in the bid opening， and the table of bid tenderers as well as the bid tendering announcements shall be called out. The records of bid opening and the floppy disks for bidding documents shall be sealed up on the spot for archivist filing at the administrative department of bid invitation.

　　Article 19 Where there are fewer than three tenderers for bid， the bid invitation agency or the project entity that holds the bid invitation by itself may cancel the bid opening， seal up the relevant bidding documents and inform the administrative department of bid invitation in good time. In the meanwhile， they shall make suggestions to the administrative department of bid invitation with regard to postponing the bid opening， making a new bid invitation or making the purchase by any other means， carry them out according to the opinions provided in the official reply of the administrative department of bid invitation.

　　Article 20 The bid appraisal committee shall consist of five members in odd numbers， among which the experts in the fields of technology and economics shall not be less than two third of the total members. The constitution of the bid appraisal committee and the selection of experts shall be made according to the Interim Provisions Concerning Bid Appraisal Committees and Bid Appraisal Methods. The names of the members of the bid appraisal committees shall be presented by the bid invitation institution before the bid opening to the administrative department for archivist purposes.

　　Article 21 The bid appraisal committee shall make appraise bidding documents

according to the relevant provisions of the Interim Provisions Concerning Bid Appraisal Committees and Bid Appraisal Methods， and according to the bid appraisal principles and methods as stipulated in the bid invitation documents， etc.

　　Article 22 A bid invitation agencies or project entity that hold bid invitations by itself shall， within 20 days as of the bid appraisal of the project is finished， formulate a bid appraisal report as listed in Appendix III on the basis of the opinions of the bid appraisal committee， and present it to the administrative department of bid invitation for archivist purposes. In the meanwhile， it shall make public announcements in corresponding mass media to disclose the results of bid winning. The term of public announcement is ten days.

　　Article 23 During the term of public announcement of disclosing the results of bid invitation， if have of the tenderers of bid has objection， the bid invitation agency or the project entity that hold the bid invitation shall give a reply. However， no information about the bid appraisal by the bid appraisal committee may be disclosed in the replies. When the term of public announcement expires and no body lodges any objection， the bid invitation agency or the project entity that holds the bid invitation may issue bid winning notices to the bid winners， and shall， within five days as of the bid winning notices are sent， present to the administrative department of bid invitation for archivist purposes.

　　Article 24 The project entity shall， within 30 days as of the bid winning notices are sent， enter into contracts with the bid winners according to law.

　　Article 25 The project entity shall， within 10 days as of the conclusion of contracts， submit a duplicate of the contracts to the administrative department of bid invitation for archivist purposes.

　　Chapter IV Supervision of Bid Invitation

　　Article 26 The bid invitation agencies and the project entities that hold bid invitations by themselves may invite public notaries or the organs of discipline inspection or government supervision to notarize or supervise the bid invitation activities.

　　Article 27 Administrative departments of bid invitation shall send supervisors irregularly to supervise bid invitation activities. The supervisors shall show their Certificates of Authorized Supervision of Fixed Asset Investment Projects in the Industrial and Commercial Sectors as listed in Appendix IV which are signed by the administrative departments of bid invitation， and shall be entitled to participate in the major processes of the bid invitation of the designated supervision projects of bid invitation including the opening of bids， and the appraisal of bids， etc.， be entitled to consult the materials of the authorized supervision projects of bid invitation， and shall submit supervision reports to the administrative departments of bid invitation.

　　Article 28 Bid invitation agencies shall， as pursuant to the requirements of the administrative department of bid invitation， send appropriate personnel in good time to serve as the supervisors of the bid invitation projects subject to the authorized supervision of the administrative departments of bid invitation.

　　Article 29 Supervisors shall be under the obligation of keeping all contents and information of the bid invitation projects subject to the authorized supervision of the administrative department of bid invitation secret.

　　Article 30 Bid invitation agencies shall accept the supervision of the project entities， and shall present to the project entities the Forms of Feedback from the Clients of Fixed Asset

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