Ministry of Commerce Order No. 6 of 2005, the International Tendering Agency for Electromechanical Products
The Measures for the Examination and Approval of the International Tendering Agency for Mechanical and Electrical Products was reviewed and approved at the first ministerial meeting on January 21, 2005. It is hereby promulgated and will be implemented on March 1, 2005.
Minister Bo Xilai, February 5, 2005
Measures for the Examination and Approval of International Tendering Organizations for Mechanical and Electrical Products
Chapter I General Provisions
Article 1 In order to maintain the openness, fairness and impartiality of international bidding for mechanical and electrical products, establish a good international bidding competition mechanism, ensure the international bidding for mechanical and electrical products in an orderly manner, and standardize the qualification examination of international bidding institutions for mechanical and electrical products, in accordance with the "Chinese People". These Measures are formulated by the Republic Bidding and Tendering Law, the Administrative Licensing Law of the People's Republic of China, and the division of responsibilities of the State Council for the implementation of the administrative supervision of bidding and tendering activities by relevant departments.
Article 2 The international tendering institution for mechanical and electrical products refers to a legal person established in accordance with the law, approved by the Ministry of Commerce, and granted the qualification for international bidding, and engaged in the international tendering of mechanical and electrical products.
Article 3 The Ministry of Commerce shall be responsible for the qualification examination and annual qualification examination of the national tendering institutions for mechanical and electrical products.
All the autonomous regions, municipalities directly under the Central Government, cities with separate plans, coastal open cities, special economic zones, Xinjiang Production and Construction Corps, and the import and export management institutions for mechanical and electrical products of various departments (hereinafter referred to as “the competent authoritiesâ€) are responsible for the qualifications of international tendering institutions for mechanical and electrical products in their respective regions and departments. Initial review of the validation and annual qualification review.
Chapter II Application and Approval of Qualifications
Article 4 An international bidding business in which an enterprise engages in the procurement of mechanical and electrical products using foreign loans and domestic funds shall obtain the qualification for international bidding for mechanical and electrical products.
The qualification levels of the international tendering agencies for mechanical and electrical products are classified into Grade A, Grade B and Pre Grade B. The international bidding business of Class A international bidding institutions is not subject to the entrusted amount limit; the B-level international bidding agency can only engage in the international bidding business of mechanical and electrical products with a one-time commission amount of less than USD 40 million; the pre-B international bidding agency can only engage in An international bidding business for mechanical and electrical products with a one-time commission of less than US$20 million.
Article 5 A legal person who has not obtained the qualification for international bidding for mechanical and electrical products can only apply for the international bidding qualification for pre-B-class mechanical and electrical products.
Article 6 The legal person applying for the international bidding qualification for pre-B grade mechanical and electrical products shall meet the following conditions:
(1) There shall be no affiliation or other interest relationship with the administrative organ and other state organs;
(2) having corresponding funds;
(3) having a fixed business place (including the opening bid hall) and the facilities required for the international bidding business and the modern office conditions for connecting the professional information network;
(4) Having the corresponding professional strength capable of compiling bidding documents and organizing bid evaluation:
1. The number of full-time bidders with intermediate titles or above shall not be less than 70% of the total number of personnel engaged in bidding;
2. With more than three years experience in domestic bidding for electromechanical products, and the average annual domestic public bidding performance of mechanical and electrical products in the past three years is more than 200 million yuan; or engaged in foreign trade business for more than three years, and the average annual import and export of mechanical and electrical products in the past three years More than 600 million US dollars.
Article 7 The applicant shall submit the application materials to the corresponding competent department for preliminary review from July 1 to 5 of each year. Where the corresponding competent department accepts or does not accept the application for administrative license, it shall issue a written certificate affixed with the special seal of the Ministry of Commerce and dated. The corresponding competent department shall submit a preliminary review opinion within 20 days from the date of accepting the application for administrative license, and submit the preliminary review opinions and the applicant's application materials to the Ministry of Commerce from August 1st to 5th of that year.
The application materials submitted by the applicant shall include the following contents:
(1) The application includes: the registration time of the enterprise legal person, the structure of the staff, the location of the bidding business, the computer and information network, and the domestic bidding performance or the summary of the import and export performance of the mechanical and electrical products;
(2) the company's articles of association;
(3) Legal person business license (copy);
(4) Registration form for foreign trade operators (copy);
(5) List of performance of import and export trade of mechanical and electrical products (Schedule 1) or list of domestic public bidding performance of mechanical and electrical products (Schedule 2), sub-item of domestic open tendering items (Schedule 3) and the following materials (copy):
1. Bidding agency contract;
2. Public announcement of the tender;
3. Opening the record;
4. The winning bid notice.
(6) Enterprise institution setting table (Schedule 4);
(7) List of full-time bidders with intermediate titles or above (Schedule 5).
Article 8 The Ministry of Commerce shall, within 20 days from the date of receipt of the application materials and preliminary examination opinions submitted by the corresponding competent department, review the application and make an administrative licensing decision, and announce the results of the examination. For those who meet the conditions stipulated in these Measures, the Ministry of Commerce shall grant the international bidding qualification for pre-B grade mechanical and electrical products, and at the same time issue the "International Bidding Agency Qualification Certificate" (hereinafter referred to as the qualification certificate). The qualification certificate shall be effective as of the date of issuance and shall be valid until the date of the announcement of the results of the annual review of the following year.
Article 9 The international tendering agency for pre-B grade mechanical and electrical products that meets the conditions listed in Article 15 of these Measures may apply for the international bidding qualification for Class B mechanical and electrical products. The international bidding institutions for Class B and Pre-B mechanical and electrical products that meet the conditions listed in Article 16 of these Measures may apply for the international bidding qualification for Class A mechanical and electrical products.
Article 10 Where an applicant applies for false materials when applying for international bidding for mechanical and electrical products, the application for the time is invalid, and the Ministry of Commerce will no longer accept applications for international bidding for mechanical and electrical products in the next year.
Chapter III Annual Qualification Audit
Article 11 The Ministry of Commerce shall conduct annual qualification examinations for international bidding institutions for mechanical and electrical products, and the international bidding institutions for mechanical and electrical products that have obtained the qualification for international bidding for mechanical and electrical products for less than one year shall not participate in the annual qualification examination.
Article 12 The international bidding agency for mechanical and electrical products shall submit the annual qualification review materials to the corresponding competent department for preliminary review from January 1 to 10. The corresponding competent department shall submit the preliminary review opinions and application materials to the Ministry of Commerce from February 1 to 10 each year.
Article 13 When applying for annual qualification examination, the international tendering agency for mechanical and electrical products shall submit the following materials:
(1) The bidding performance of the international tendering agency for mechanical and electrical products in the previous year shall be based on the winning bid of the international bidding business for mechanical and electrical products on the professional website authorized by the Ministry of Commerce;
(2) The annual qualification examination application, including: changes in organizational structure, standardization of tendering measures, and summarization of international and domestic tendering performance;
(3) Legal person business license (copy);
(4) List of international bidding performance of mechanical and electrical products (Schedule 6);
(5) A copy of the qualification certificate.
Article 14 If the international bidding agency for mechanical and electrical products meets the following conditions, the annual qualification examination shall be passed and the qualification certificate shall be issued by the Ministry of Commerce:
(1) The international bidding performance of the annual mechanical and electrical products of the Class A mechanical and electrical products international tendering agency reached more than 80 million US dollars;
(2) The annual international bidding performance of mechanical and electrical products of Class B mechanical and electrical products international tendering institutions has reached more than 50 million US dollars;
(3) The international bidding performance of the annual mechanical and electrical products of the international bidding institutions of the pre-B grade mechanical and electrical products reached more than 30 million US dollars;
(4) Failure to violate the "Tendering and Bidding Law", "Implementation Measures for International Bidding and Bidding of Mechanical and Electrical Products", these Measures and other relevant regulations.
Article 15 When an international bidding agency for pre-B-class mechanical and electrical products participates in the annual qualification examination, if the annual bidding performance reaches more than US$50 million, an application for upgrading may be submitted. After approval by the Ministry of Commerce, the international bidding qualification level may be upgraded to Grade B. .
Article 16 When an international tendering institution for pre-B and B mechanical and electrical products meets one of the following conditions, it may submit an application for upgrade. After approval by the Ministry of Commerce, its international bidding qualification level may be upgraded to Class A. :
(1) The annual bidding performance of the international bidding agency of Class B mechanical and electrical products is more than 100 million US dollars and the registered capital is more than 10 million yuan;
(2) The international bidding institution for Class B mechanical and electrical products has achieved a total of more than US$180 million in two years and a registered capital of more than 10 million yuan since it obtained the qualification for international bidding at the B level;
(3) The international tendering institution of Class B mechanical and electrical products has achieved a total of more than US$250 million in three years and a registered capital of more than 10 million yuan since it obtained the qualification of Class B international bidding;
(4) The annual bidding performance of the pre-B-class mechanical and electrical products international bidding agency has reached more than 200 million US dollars and the registered capital is more than 10 million yuan;
Article 17 When an international bidding institution for mechanical and electrical products participates in the annual qualification examination, if the bidding performance is one of the following, the qualification level of the bidding shall be downgraded. However, if the State Council has special regulations or other special reasons, the annual qualification examination standard may be appropriately relaxed:
(1) If the annual bidding performance of the Class A mechanical and electrical products international tendering agency is less than 80 million US dollars but exceeds 50 million US dollars, it will be reduced to the second-level international bidding qualification;
(2) If the annual tendering performance of the international tendering agency for Class A mechanical and electrical products is less than US$50 million but exceeds US$30 million, it shall be reduced to the pre-B level international bidding qualification;
(3) If the annual bidding performance of the international bidding agency of Class B mechanical and electrical products is less than US$50 million but exceeds US$30 million, it will be reduced to the pre-B level international bidding qualification.
Article 18 If an international tendering institution for mechanical and electrical products participates in the annual qualification examination and its annual tendering performance is less than 30 million US dollars, it shall not pass the current annual qualification examination. It shall not continue to carry out electromechanical control from the date of the announcement of the results of the current annual qualification examination. The international bidding business of products, and within one year the Ministry of Commerce no longer accepts the application for the qualification of international bidding institutions for mechanical and electrical products; however, if the State Council has special regulations or other special reasons, the annual qualification review standards may be appropriately relaxed.
Article 19 When an international tendering institution for mechanical and electrical products participates in the annual qualification examination and receives a warning in the previous year, its qualification level shall be lowered by one level during the annual qualification examination; the international tendering institution for mechanical and electrical products that meets the upgrading conditions shall not be upgraded.
When participating in the annual qualification examination, the international tendering agency for mechanical and electrical products shall not participate in the current annual qualification review if it receives two warnings in the previous year. The performance of the previous year's tender is reviewed at the next annual qualification review, from the current annual qualification review. The results of the announcement will not continue to carry out the international tendering of mechanical and electrical products until the next annual qualification review.
When the international tendering agency for mechanical and electrical products participates in the annual qualification examination, if it receives three warnings in the previous year, it shall not participate in the current annual qualification examination. It shall not continue to carry out the international tendering business of mechanical and electrical products from the date of the publication of the annual qualification examination results, and During the year, the Ministry of Commerce no longer accepts applications for international bidding for mechanical and electrical products.
Article 20 If there is any change in the name, legal representative, address, etc. of the international tendering institution for mechanical and electrical products, the Ministry of Commerce shall apply for the replacement of the qualification certificate; the major changes in the merger and division of the international tendering agency for mechanical and electrical products may lead to the substance of the original institution. If there is a change in sex, the Ministry of Commerce shall reapply for the international bidding for mechanical and electrical products.
Article 21 The international tendering institution for mechanical and electrical products that fails to conduct annual qualification examination in accordance with the provisions of this Measures shall automatically expire the expiration of the international tendering qualification certificate.
Article 22 If an international tendering agency for mechanical and electrical products provides false materials when submitting annual qualification review materials, it shall not pass the annual qualification examination, and the Ministry of Commerce will no longer accept applications for international tendering qualifications within the next year.
Article 23 The Ministry of Commerce shall be responsible for publishing the annual qualification review.
Chapter IV Penalties
Article 24 If an international tendering agency for mechanical and electrical products has one of the following acts, it shall be given a warning and shall be imposed a fine of not more than 30,000 yuan:
(1) varnishing the qualification certificate;
(2) transferring or lending a qualification certificate;
(3) Modifying the bidding documents without authorization;
(4) The bidding documents and bid evaluation reports are not filed as required;
(5) failing to evaluate the bid according to the bid evaluation rules determined by the relevant regulations;
(6) The bid evaluation report does not accurately reflect the actual situation of the bidding documents and bidding documents;
(7) failing to form the bid evaluation committee as required;
(8) Entrusting an institution that is qualified for international bidding for inorganic electrical products to carry out substantive business in international bidding activities;
(9) Entrusting branches to carry out substantive business in international bidding activities;
(10) arbitrarily changing the results of the winning bid;
(11) Other violations of the Tendering and Bidding Law, the Measures for the Implementation of International Bidding for Mechanical and Electrical Products, the Measures and other national laws and regulations concerning bidding and tendering.
Article 25 If an international tendering institution for mechanical and electrical products has one of the following acts, it shall be imposed a fine of not less than 50,000 yuan but not more than 250,000 yuan, and the amount of fines imposed on the unit directly responsible for the unit and other directly responsible personnel shall be 5%. The above-mentioned 10% fine shall be imposed; if there is illegal income, the illegal gains shall be confiscated; if the circumstances are serious, the international bidding qualification for mechanical and electrical products shall be suspended or cancelled:
(1) colluding with the tenderee to make false bidding;
(2) divulging the circumstances and materials related to the bidding and bidding activities that should be kept confidential;
(3) colluding with the bidder to make substantive amendments to the business, technology and price of the tender documents.
Chapter V Supplementary Provisions
Article 26 The Ministry of Commerce shall be responsible for the interpretation of these Measures.
Article 27 These Measures shall come into force on March 1, 2005. The original "Measures for the Examination of Qualifications of International Tendering Organizations", "Notice on the Implementation of Annual Review of International Tendering Organizations for Mechanical and Electrical Products", and "Supplemental Notice on the Qualification Examination and Annual Review of International Tendering Organizations" shall be abolished at the same time.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
The Measures for the Examination and Approval of the International Tendering Agency for Mechanical and Electrical Products was reviewed and approved at the first ministerial meeting on January 21, 2005. It is hereby promulgated and will be implemented on March 1, 2005.
Minister Bo Xilai, February 5, 2005
Measures for the Examination and Approval of International Tendering Organizations for Mechanical and Electrical Products
Chapter I General Provisions
Article 1 In order to maintain the openness, fairness and impartiality of international bidding for mechanical and electrical products, establish a good international bidding competition mechanism, ensure the international bidding for mechanical and electrical products in an orderly manner, and standardize the qualification examination of international bidding institutions for mechanical and electrical products, in accordance with the "Chinese People". These Measures are formulated by the Republic Bidding and Tendering Law, the Administrative Licensing Law of the People's Republic of China, and the division of responsibilities of the State Council for the implementation of the administrative supervision of bidding and tendering activities by relevant departments.
Article 2 The international tendering institution for mechanical and electrical products refers to a legal person established in accordance with the law, approved by the Ministry of Commerce, and granted the qualification for international bidding, and engaged in the international tendering of mechanical and electrical products.
Article 3 The Ministry of Commerce shall be responsible for the qualification examination and annual qualification examination of the national tendering institutions for mechanical and electrical products.
All the autonomous regions, municipalities directly under the Central Government, cities with separate plans, coastal open cities, special economic zones, Xinjiang Production and Construction Corps, and the import and export management institutions for mechanical and electrical products of various departments (hereinafter referred to as “the competent authoritiesâ€) are responsible for the qualifications of international tendering institutions for mechanical and electrical products in their respective regions and departments. Initial review of the validation and annual qualification review.
Chapter II Application and Approval of Qualifications
Article 4 An international bidding business in which an enterprise engages in the procurement of mechanical and electrical products using foreign loans and domestic funds shall obtain the qualification for international bidding for mechanical and electrical products.
The qualification levels of the international tendering agencies for mechanical and electrical products are classified into Grade A, Grade B and Pre Grade B. The international bidding business of Class A international bidding institutions is not subject to the entrusted amount limit; the B-level international bidding agency can only engage in the international bidding business of mechanical and electrical products with a one-time commission amount of less than USD 40 million; the pre-B international bidding agency can only engage in An international bidding business for mechanical and electrical products with a one-time commission of less than US$20 million.
Article 5 A legal person who has not obtained the qualification for international bidding for mechanical and electrical products can only apply for the international bidding qualification for pre-B-class mechanical and electrical products.
Article 6 The legal person applying for the international bidding qualification for pre-B grade mechanical and electrical products shall meet the following conditions:
(1) There shall be no affiliation or other interest relationship with the administrative organ and other state organs;
(2) having corresponding funds;
(3) having a fixed business place (including the opening bid hall) and the facilities required for the international bidding business and the modern office conditions for connecting the professional information network;
(4) Having the corresponding professional strength capable of compiling bidding documents and organizing bid evaluation:
1. The number of full-time bidders with intermediate titles or above shall not be less than 70% of the total number of personnel engaged in bidding;
2. With more than three years experience in domestic bidding for electromechanical products, and the average annual domestic public bidding performance of mechanical and electrical products in the past three years is more than 200 million yuan; or engaged in foreign trade business for more than three years, and the average annual import and export of mechanical and electrical products in the past three years More than 600 million US dollars.
Article 7 The applicant shall submit the application materials to the corresponding competent department for preliminary review from July 1 to 5 of each year. Where the corresponding competent department accepts or does not accept the application for administrative license, it shall issue a written certificate affixed with the special seal of the Ministry of Commerce and dated. The corresponding competent department shall submit a preliminary review opinion within 20 days from the date of accepting the application for administrative license, and submit the preliminary review opinions and the applicant's application materials to the Ministry of Commerce from August 1st to 5th of that year.
The application materials submitted by the applicant shall include the following contents:
(1) The application includes: the registration time of the enterprise legal person, the structure of the staff, the location of the bidding business, the computer and information network, and the domestic bidding performance or the summary of the import and export performance of the mechanical and electrical products;
(2) the company's articles of association;
(3) Legal person business license (copy);
(4) Registration form for foreign trade operators (copy);
(5) List of performance of import and export trade of mechanical and electrical products (Schedule 1) or list of domestic public bidding performance of mechanical and electrical products (Schedule 2), sub-item of domestic open tendering items (Schedule 3) and the following materials (copy):
1. Bidding agency contract;
2. Public announcement of the tender;
3. Opening the record;
4. The winning bid notice.
(6) Enterprise institution setting table (Schedule 4);
(7) List of full-time bidders with intermediate titles or above (Schedule 5).
Article 8 The Ministry of Commerce shall, within 20 days from the date of receipt of the application materials and preliminary examination opinions submitted by the corresponding competent department, review the application and make an administrative licensing decision, and announce the results of the examination. For those who meet the conditions stipulated in these Measures, the Ministry of Commerce shall grant the international bidding qualification for pre-B grade mechanical and electrical products, and at the same time issue the "International Bidding Agency Qualification Certificate" (hereinafter referred to as the qualification certificate). The qualification certificate shall be effective as of the date of issuance and shall be valid until the date of the announcement of the results of the annual review of the following year.
Article 9 The international tendering agency for pre-B grade mechanical and electrical products that meets the conditions listed in Article 15 of these Measures may apply for the international bidding qualification for Class B mechanical and electrical products. The international bidding institutions for Class B and Pre-B mechanical and electrical products that meet the conditions listed in Article 16 of these Measures may apply for the international bidding qualification for Class A mechanical and electrical products.
Article 10 Where an applicant applies for false materials when applying for international bidding for mechanical and electrical products, the application for the time is invalid, and the Ministry of Commerce will no longer accept applications for international bidding for mechanical and electrical products in the next year.
Chapter III Annual Qualification Audit
Article 11 The Ministry of Commerce shall conduct annual qualification examinations for international bidding institutions for mechanical and electrical products, and the international bidding institutions for mechanical and electrical products that have obtained the qualification for international bidding for mechanical and electrical products for less than one year shall not participate in the annual qualification examination.
Article 12 The international bidding agency for mechanical and electrical products shall submit the annual qualification review materials to the corresponding competent department for preliminary review from January 1 to 10. The corresponding competent department shall submit the preliminary review opinions and application materials to the Ministry of Commerce from February 1 to 10 each year.
Article 13 When applying for annual qualification examination, the international tendering agency for mechanical and electrical products shall submit the following materials:
(1) The bidding performance of the international tendering agency for mechanical and electrical products in the previous year shall be based on the winning bid of the international bidding business for mechanical and electrical products on the professional website authorized by the Ministry of Commerce;
(2) The annual qualification examination application, including: changes in organizational structure, standardization of tendering measures, and summarization of international and domestic tendering performance;
(3) Legal person business license (copy);
(4) List of international bidding performance of mechanical and electrical products (Schedule 6);
(5) A copy of the qualification certificate.
Article 14 If the international bidding agency for mechanical and electrical products meets the following conditions, the annual qualification examination shall be passed and the qualification certificate shall be issued by the Ministry of Commerce:
(1) The international bidding performance of the annual mechanical and electrical products of the Class A mechanical and electrical products international tendering agency reached more than 80 million US dollars;
(2) The annual international bidding performance of mechanical and electrical products of Class B mechanical and electrical products international tendering institutions has reached more than 50 million US dollars;
(3) The international bidding performance of the annual mechanical and electrical products of the international bidding institutions of the pre-B grade mechanical and electrical products reached more than 30 million US dollars;
(4) Failure to violate the "Tendering and Bidding Law", "Implementation Measures for International Bidding and Bidding of Mechanical and Electrical Products", these Measures and other relevant regulations.
Article 15 When an international bidding agency for pre-B-class mechanical and electrical products participates in the annual qualification examination, if the annual bidding performance reaches more than US$50 million, an application for upgrading may be submitted. After approval by the Ministry of Commerce, the international bidding qualification level may be upgraded to Grade B. .
Article 16 When an international tendering institution for pre-B and B mechanical and electrical products meets one of the following conditions, it may submit an application for upgrade. After approval by the Ministry of Commerce, its international bidding qualification level may be upgraded to Class A. :
(1) The annual bidding performance of the international bidding agency of Class B mechanical and electrical products is more than 100 million US dollars and the registered capital is more than 10 million yuan;
(2) The international bidding institution for Class B mechanical and electrical products has achieved a total of more than US$180 million in two years and a registered capital of more than 10 million yuan since it obtained the qualification for international bidding at the B level;
(3) The international tendering institution of Class B mechanical and electrical products has achieved a total of more than US$250 million in three years and a registered capital of more than 10 million yuan since it obtained the qualification of Class B international bidding;
(4) The annual bidding performance of the pre-B-class mechanical and electrical products international bidding agency has reached more than 200 million US dollars and the registered capital is more than 10 million yuan;
Article 17 When an international bidding institution for mechanical and electrical products participates in the annual qualification examination, if the bidding performance is one of the following, the qualification level of the bidding shall be downgraded. However, if the State Council has special regulations or other special reasons, the annual qualification examination standard may be appropriately relaxed:
(1) If the annual bidding performance of the Class A mechanical and electrical products international tendering agency is less than 80 million US dollars but exceeds 50 million US dollars, it will be reduced to the second-level international bidding qualification;
(2) If the annual tendering performance of the international tendering agency for Class A mechanical and electrical products is less than US$50 million but exceeds US$30 million, it shall be reduced to the pre-B level international bidding qualification;
(3) If the annual bidding performance of the international bidding agency of Class B mechanical and electrical products is less than US$50 million but exceeds US$30 million, it will be reduced to the pre-B level international bidding qualification.
Article 18 If an international tendering institution for mechanical and electrical products participates in the annual qualification examination and its annual tendering performance is less than 30 million US dollars, it shall not pass the current annual qualification examination. It shall not continue to carry out electromechanical control from the date of the announcement of the results of the current annual qualification examination. The international bidding business of products, and within one year the Ministry of Commerce no longer accepts the application for the qualification of international bidding institutions for mechanical and electrical products; however, if the State Council has special regulations or other special reasons, the annual qualification review standards may be appropriately relaxed.
Article 19 When an international tendering institution for mechanical and electrical products participates in the annual qualification examination and receives a warning in the previous year, its qualification level shall be lowered by one level during the annual qualification examination; the international tendering institution for mechanical and electrical products that meets the upgrading conditions shall not be upgraded.
When participating in the annual qualification examination, the international tendering agency for mechanical and electrical products shall not participate in the current annual qualification review if it receives two warnings in the previous year. The performance of the previous year's tender is reviewed at the next annual qualification review, from the current annual qualification review. The results of the announcement will not continue to carry out the international tendering of mechanical and electrical products until the next annual qualification review.
When the international tendering agency for mechanical and electrical products participates in the annual qualification examination, if it receives three warnings in the previous year, it shall not participate in the current annual qualification examination. It shall not continue to carry out the international tendering business of mechanical and electrical products from the date of the publication of the annual qualification examination results, and During the year, the Ministry of Commerce no longer accepts applications for international bidding for mechanical and electrical products.
Article 20 If there is any change in the name, legal representative, address, etc. of the international tendering institution for mechanical and electrical products, the Ministry of Commerce shall apply for the replacement of the qualification certificate; the major changes in the merger and division of the international tendering agency for mechanical and electrical products may lead to the substance of the original institution. If there is a change in sex, the Ministry of Commerce shall reapply for the international bidding for mechanical and electrical products.
Article 21 The international tendering institution for mechanical and electrical products that fails to conduct annual qualification examination in accordance with the provisions of this Measures shall automatically expire the expiration of the international tendering qualification certificate.
Article 22 If an international tendering agency for mechanical and electrical products provides false materials when submitting annual qualification review materials, it shall not pass the annual qualification examination, and the Ministry of Commerce will no longer accept applications for international tendering qualifications within the next year.
Article 23 The Ministry of Commerce shall be responsible for publishing the annual qualification review.
Chapter IV Penalties
Article 24 If an international tendering agency for mechanical and electrical products has one of the following acts, it shall be given a warning and shall be imposed a fine of not more than 30,000 yuan:
(1) varnishing the qualification certificate;
(2) transferring or lending a qualification certificate;
(3) Modifying the bidding documents without authorization;
(4) The bidding documents and bid evaluation reports are not filed as required;
(5) failing to evaluate the bid according to the bid evaluation rules determined by the relevant regulations;
(6) The bid evaluation report does not accurately reflect the actual situation of the bidding documents and bidding documents;
(7) failing to form the bid evaluation committee as required;
(8) Entrusting an institution that is qualified for international bidding for inorganic electrical products to carry out substantive business in international bidding activities;
(9) Entrusting branches to carry out substantive business in international bidding activities;
(10) arbitrarily changing the results of the winning bid;
(11) Other violations of the Tendering and Bidding Law, the Measures for the Implementation of International Bidding for Mechanical and Electrical Products, the Measures and other national laws and regulations concerning bidding and tendering.
Article 25 If an international tendering institution for mechanical and electrical products has one of the following acts, it shall be imposed a fine of not less than 50,000 yuan but not more than 250,000 yuan, and the amount of fines imposed on the unit directly responsible for the unit and other directly responsible personnel shall be 5%. The above-mentioned 10% fine shall be imposed; if there is illegal income, the illegal gains shall be confiscated; if the circumstances are serious, the international bidding qualification for mechanical and electrical products shall be suspended or cancelled:
(1) colluding with the tenderee to make false bidding;
(2) divulging the circumstances and materials related to the bidding and bidding activities that should be kept confidential;
(3) colluding with the bidder to make substantive amendments to the business, technology and price of the tender documents.
Chapter V Supplementary Provisions
Article 26 The Ministry of Commerce shall be responsible for the interpretation of these Measures.
Article 27 These Measures shall come into force on March 1, 2005. The original "Measures for the Examination of Qualifications of International Tendering Organizations", "Notice on the Implementation of Annual Review of International Tendering Organizations for Mechanical and Electrical Products", and "Supplemental Notice on the Qualification Examination and Annual Review of International Tendering Organizations" shall be abolished at the same time.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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