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Notice of the People's Government of Inner Mongolia Autonomous Region on Printing and Distributing the Measures for the Administration of Bidding for Mechanical and Electrical Equipment Procurement in
Notice of the People's Government of Inner Mongolia Autonomous Region on Printing and Distributing the Measures for the Administration of Bidding for Mechanical and Electrical Equipment Procurement in Inner Mongolia Autonomous Region Chapter I General Provisions Article 1 In order to standardize the bidding behavior of mechanical and electrical equipment procurement in our region and put an end to unfair competition in the process of equipment procurement, these administrative measures are formulated in accordance with the relevant provisions of the State Economic and Trade Commission's Measures for the Administration of Bidding for Mechanical and Electrical Equipment and the Interim Measures for the Administration of Qualification of Bidding Agencies for Mechanical and Electrical Equipment (OrderNo. 102). State Economic and Trade Commission 1996) and combined with the actual situation of the autonomous region. Article 2 Bidding for mechanical and electrical equipment as mentioned in these Administrative Measures refers to the activity of selecting qualified manufacturers and their products in accordance with relevant regulations in order to purchase mechanical and electrical equipment, by announcing the competitive conditions in advance. Article 3 The tendering and bidding work must adhere to the principles of openness, fairness, impartiality, competition and merit selection. Article 4 Bidding activities must be conducted under the supervision of the notary department. Article 5 The Economic and Trade Commission of Inner Mongolia Autonomous Region (hereinafter referred to as the Economic and Trade Commission of the Autonomous Region) is responsible for organizing, coordinating and managing the tendering and bidding for the procurement of mechanical and electrical equipment in the region, drawing up the management measures and work plans for the tendering and bidding of mechanical and electrical equipment in the region, and examining and approving the qualification examination materials submitted by the tendering agency of mechanical and electrical equipment (hereinafter referred to as the tendering agency). Article 6 The bidding workstation for mechanical and electrical equipment or the technical transformation and mechanical and electrical equipment import management section (room) of the economic and trade commission (bureau) of each league city shall be responsible for the coordination and concrete implementation of the bidding for mechanical and electrical equipment in this region. Chapter II Scope of Bidding Article 7 Bidding for imported mechanical and electrical products within the scope prescribed by the state must be entrusted to a bidding agency designated by the state with corresponding qualifications.

Bidding for mechanical and electrical equipment required for public welfare and policy projects mainly invested by the government must be entrusted to a bidding agency with corresponding qualifications.

Design and installation of mechanical and electrical equipment and other inseparable facilities needed in technological transformation and capital construction investment projects in the autonomous region; Imported projects are more than 500,000 US dollars (including 500,000 US dollars), and single-machine imports are more than 654.38 million US dollars (including 654.38 million US dollars); The investment in fixed assets of domestic projects is more than 5 million yuan (including 5 million yuan), and the introduction of single machines is more than 800 thousand yuan (including 800 thousand yuan). A bidding agency with corresponding qualifications must be entrusted for bidding.

Mechanical and electrical equipment purchased with loans from foreign financial organizations and foreign governments shall be jointly or independently tendered by relevant departments of the autonomous region and tendering agencies with corresponding qualifications, unless the lenders have special requirements; If the lender has special requirements, it shall entrust a bidding agency with corresponding qualifications for consultation and evaluation, and the bidding agency shall issue a consultation and evaluation report as the basis for purchasing mechanical and electrical equipment.

The bidding for state-owned assets of foreign-invested enterprises should first be conducted by a bidding agency with corresponding qualifications to assist the commodity inspection authorities in consulting and evaluating the mechanical and electrical equipment purchased by them; Mechanical and electrical equipment jointly purchased by Chinese and foreign parties must be entrusted to a bidding agency with corresponding qualifications for bidding.

Township enterprises and private enterprises are encouraged to purchase mechanical and electrical equipment through bidding. Article 8 In any of the following circumstances, the bidding procedure may not be carried out:

(1) The mechanical and electrical equipment purchased can only be produced by one manufacturer;

(two) mechanical and electrical equipment can be produced by the buyer;

(3) Foreign lenders have special requirements;

(4) The procurement activities involve national security;

(5) It is otherwise stipulated by laws and regulations. Chapter III Rights and Obligations Article 9 Participants in tendering and bidding are divided into demanders, tendering agencies and bidders. Article 10 Demand side refers to legal persons and other organizations that need to purchase mechanical and electrical equipment.

The buyer has the following rights:

(a) to choose qualified bidding agencies independently, to give priority to bidding agencies with full-time qualifications in the region under the same conditions, and to require bidding agencies to conduct bidding according to their technical conditions;

(two) require the tendering agency to produce the tender qualification certificate or the tender qualification grade certificate;

(three) according to the power of attorney signed with the bidding agency, to participate in bidding activities;

(four) to determine the bidding and calibration procedures with the bidding agency.

The Buyer shall perform the following obligations:

(1) Abide by the relevant laws and regulations of the State and the relevant provisions of these Administrative Measures;

(two) according to the requirements of the bidding agency, provide the information needed for bidding;

(three) to cooperate with the bidding agency in bidding activities;

(four) to keep confidential the estimated price and bid evaluation contents of the bidding mechanical and electrical equipment;

(5) signing and performing contracts with the winning bidder. Article 11 A tender institution refers to a full-time institution that has the qualifications of a legal person and a tenderer and is engaged in domestic and foreign tender business. The qualification of a bidding agency must be recognized by the State Economic and Trade Commission. Before accepting the entrustment of bidding, the bidding agency outside the region shall go through the qualification examination and filing procedures with the Economic and Trade Commission of the autonomous region.

The tendering agency shall enjoy the following rights:

(a) according to the tender documents to review the qualifications of bidders;

(two) independently carry out domestic and international bidding activities;

(3) Determine the calibration procedure with the demander;

(4) Organizing technical exchanges between demanders and potential bidders;

(5) Organizing the buyer to sign a contract with the winning bidder.

A procuratorial agency shall perform the following obligations:

(1) Abide by the relevant provisions of national laws and regulations and these administrative measures;

(two) accept the management and supervision of the relevant departments;

(three) strictly fulfill the bidding procedures and safeguard the legitimate rights and interests of buyers and bidders;

(four) when undertaking bidding activities, produce the tender qualification certificate or tender qualification grade certificate issued by the State Economic and Trade Commission;

(five) to provide bidding documents to legal persons or other organizations that have the intention to bid, and to be responsible for the interpretation of the bidding documents;

(six) to keep the valuation of bidding mechanical and electrical equipment and the commercial secrets of buyers and bidders.