出口商品配额招标办法 Ministry of Foreign Trade and Economic Cooperation, Invitation to Tenders for Export Quot

g too centralized or too widely spread, the Tender Committee shall in accordance with the actual circumstances set maximum and minimum sizes for tenders. Tenders in excess of the maximum or below the minimum shall be regarded as invalid.

　　Article 18　Enterprises must submit tenders in the form of electronic tender documents before the stipulated time. When submitting tenders the electronic data shall be regarded as the standard. Enterprises can submit only one tender for a single type of commodity where the same method of invitation to tender is used. Where the enterprise fails to send an electronic tender document before the stipulated time, it will be regarded as giving up the qualification to submit tender.

　　Article 19　Deciding the winning enterprises

　　Open tender: the tender prices of all qualified tendering enterprises shall be arranged in order from high to low and the size of the tenders added up from top to bottom. When the sum of the sizes of tenders equals the total amount put to tender, those enterprises whose tenders have been added together to make the total (total amount put to tender) shall be the winning enterprises.

　　If the total size of tenders submitted by the enterprises in the position of the lowest winning tender prices exceeds the amount of quota remaining, all the enterprises in that position shall be winning enterprises.

　　Negotiated tender: all enterprises submitting tenders of a price not lower than the minimum tender price stipulated by the Tender Committee shall be winning enterprises.

　　Article 20　Deciding the price and size of winning tenders

　　1. The price of the winning tender of the enterprise in an open tender shall be the price of the tender submitted. The price of the winning tender in a negotiated tender shall be determined according to the actual circumstances of different commodities by the Tender Committee separately.

　　2. Deciding the size of winning tenders

　　(1) In open tenders, the size of tender won by a winning enterprise shall be the size of tender submitted. If the sum of the tenders of the enterprises in the

position of the lowest winning tender price exceeds the amount of quota remaining, the remaining quota shall be allocated to these enterprises in accordance with the proportional size of the tenders submitted. If the size of tender awarded is lower than the minimum size of tender to be submitted, it shall be treated as a losing tender;

　　(2) The size of winning tenders in negotiated tender:

　　1) The size of winning tender of an enterprise shall be decided in accordance with the following formula:

　　Size of winning tender of an enterprise =

　　amount of tender submitted by that enterprise

　　(tender quota price x tender size)

　　total put to tender x ——

　　total tender amount (tender quota price x tender size)

　　submitted by all winning enterprises

　　or 2) The maximum size of tender won by an enterprise shall be the size of the tender submitted by that enterprise.

　　The total size of tenders won by a foreign investment enterprise in a year shall be limited to the scale of export ratified by MOFTEC.

　　Article 21　The Tender Committee shall publish tender notices in the designated press and media.

　　Article 22　Tender Offices should announce the initial results within the stipulated time after evaluation of tenders has concluded. If enterprises submitting tenders have any queries, these can be raised with the Tender Office within two working days of the announcement of the initial results. Tender Offices must report the initial results to the Tender Committee for ratification within three working days of the date of announcement.

　　Article 23　Once the Tender Committee has ratified the results, it must notify the Tender Office in a timely manner and announce the list of winning enterprises.

　　PART FIVE　WINNING TENDER SUM

　　Article 24　Payment of the winning tender sum

　　An enterprise winning a tender in accordance with the rules for evaluation of tenders must pay a winning tender guarantee sum and a winning tender sum. The revenue shall be paid to a central foreign trade development fund.

　　The Tender Committee shall open a special account in a designated bank to be used for winning tender guarantee sums and winning tender sums. The relevant import and export chambers of commerce can be appointed to do the detailed work.

　　Tender Offices must report to the Tender Committee whether the winning tender guarantee sum has been received within five working days of the cut-off date for payment.

　　Article 25　Winning enterprises must pay the winning tender guarantee sum and the winning tender sum in accordance with the following provisions. Another enterprise may not pay on their behalf:

　　1. Winning enterprises must remit the winning tender guarantee sum within the stipulated time to the designated bank account in such form as a cheque, money order or remittance. The precise proportion of the winning tender guarantee sum shall be decided by the Tender Committee separately in accordance with the situation regarding that particular commodity. The guarantee sum shall not be refunded regardless of whether the quota is utilized.

　　2. Before applying for each export licence, the winning enterprises shall pay the balance of the winning tender sum corresponding to the quota into a designated bank account in accordance with the size of the quota.

　　Article 26　Once the Tender Office has received the winning tender sum paid by the enterprise, it shall issue documents that certify the application for export licence for quota tender commodities to the enterprise.

　　PART SIX　HANDING OVER, TRANSFER AND TAKING BACK OF QUOTAS

　　Article 27　If a winning enterprise fails to use or has not fully utilized the quota won by tender, it shall hand it over to the higher authorities or transfer it in accordance with the stipulated procedures.

　　Article 28　The Tender Committee

shall decide the time limit for handing over tender quotas of export commodities in accordance with the circumstances regarding different commodities.

　　Article 29　A winning enterprise must pay into the designated bank account the winning tender sum in accordance with the proportion stipulated by the Tender Committee before it applies for a transfer of the tender quota of export commodity. The enterprise receiving the transferred quota and the enterprise transferring it must submit a quota transfer application agreed by both parties to the Tender Office for examination and approval. The enterprise receiving the quota must be qualified to submit tenders. The Tender Committee shall decide the procedures for encouraging and restricting the transfer and receipt of the quota won by tender for different commodities separately.

　　Article 30　The Tender Committee shall regard the quota won by tender for which the total amount of winning tender sum has not been paid within the time limit as unable to use, take it back, and shall not return the winning tender guarantee sum already paid. The Tender Committee shall specify the date for taking back the quota separately, and the specific proportion of the quotas taken back shall be calculated into the waste rate as wasted quotas.

　　Article 31　The Tender Committee can decide to re-invite tenders for quotas taken back, handed over to the higher authorities or other remaining quotas, dependent on the size, or can adopt some other methods of disposing of them with the approval of MOFTEC.

　　PART SEVEN　EXPORT LICENCES

　　Article 32　Quotas won by tender are valid for that year. Once an enterprise has obtained a quota, it must apply for an export licence from the designated organization within the period in which the quota is valid.

　　The names of enterprises winning quotas by tender and the sizes of the quotas won shall be examined and approved by MOFTEC and issued to the relevant licence-issuing authorities and Local Departments in charge of Foreign Trade.

　　Article 33　All relevant licence-issuing authorities shall issue export licences in accordance with the Administration of Export Licence Provisions and the documents that certify the winning of tender issued by the relevant Tender Offices.

　　PART EIGHT　PENALTIES

　　Article 34　MOFTEC shall impose administrative penalty on individuals, groups or enterprises that disrupt invitation to tender in violation of these Procedures in accordance with the seriousness of the case. Acts that constitute a crime shall be handed over to the judicial departments for prosecution.

　　Article 35　All enterprises and individuals have the right to report or complain about corrupt practices in violation of these Procedures that are discovered in the course of invitation to tender for quotas. In the case of such practices, once the facts have been verified, MOFTEC has the right to reject the results of that invitation to tender.

　　Article 36　MOFTEC shall impose penalty on members of the Tender Committee and of Tender Offices that violate these Procedures in accordance with the seriousness of the case, until the case is handed over to judicial authorities for prosecution.

　　Article 37　The Tender Committee shall take back the quotas won by enterprises that disrupt invitation to tender by conspiring over tenders, falsely reporting qualification to submit tenders or by other means, and shall revoke their qualification to submit tenders for quotas of that commodity for one to three years.

　　Article 38　The Tender Committee shall take back the quotas won by ent

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