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In order to intensify the administrative supervision and administration of bidding for foreign aid projects, effectively implement the principles of "fairness, impartiality, openness and optimum selection" and intensify the credibility of bidding results, the Ministry of Commerce has decided to pilot the publicity and questioning of bidding results of foreign aid projects, which goes as follows: 1. The foreign aid projects whose implementation entities are selected by way of competitive bidding shall all be listed into the scope of bidding result publicity, which, to be specific, includes the construction, exploration and design and construction and supervision of complete foreign aid projects as well as foreign aid materials projects (including single equipment projects). Where the scope of publicity shall be expanded as required by business development, the Ministry of Commerce shall make supplementary provisions thereon and publicize them. 2. The bidding result of a foreign aid project shall be publicized after the relevant bid opening is conducted and before a notice on bid awarding is officially distributed. The term of publicity is 5 workdays in general and could be 3 workdays upon approval under any special circumstance. The specific term of publicity shall be clearly indicated in the notice on bid opening by the Ministry of Commerce. In the case of no question or where any question is settled upon expiration of the term for publicity, the Ministry of Commerce shall distribute a notice on bid awarding to the bid winner. 3. The Ministry of Commerce shall publicize the following elements to the bidding enterprise through the ¡°Exclusive Network for Foreign Aid Bidding¡±: (1) Major contents of the bid assessment report, including the validation of the effectiveness of bids that have been effectively served, qualitative judgment, quantified scoring and major reasons for reduced scores; (2) Results of bid opening; (3) Contact persons and contact information for consulting the contents of the bid assessment report which have been designated for explanation; and (4) How to raise questions and the question acceptance organ. 4. A bidding enterprise shall, within the term of publicity, consult by itself the publicized bidding results through the exclusive bidding network. Where any bidding enterprise has any question about the contents of a bid assessment report, it may firstly request a contact person as designated by the Ministry of Commerce to take charge of consulting to give technical explanations and descriptions. 5. A bidding enterprise which has any different opinion on any bidding result (hereinafter referred to as the question raiser) may raise its question over the following problems within the term of publicity: (1) Any unlawful or rule-breaking act in the bidding procedures; (2) Any unlawful or rule-breaking act in the organization of bid assessment; (3) Any unlawful or rule-breaking act concerning the results of bid assessment. 6. A question raiser shall fill a Questioning Form of Bidding Results (see the attachment for details) so as to raise its questions, which shall be affixed with the seal of its legal representative or the authorized representative thereof and thereafter be served, together with the relevant evidential materials, on the question acceptance organ, and then it may be deemed as effective. Where any Questioning Form of Bidding Results fails to be served within the term of publicity, the relevant question raiser shall, within the term of publicity, serve the Questioning Form of Bidding Results and related evidential materials in written form by fax on the question acceptance organ, of which the originals shall be made up within 2 workdays thereafter so as to validate the question. 7. A question raiser shall guarantee the authenticity and lawfulness of the source of its questioned contents and related evidential materials and shall assume the relevant legal liabilities. Upon verification, where a question raiser puts any false question yet if it is not out of any subjective deliberate intent and no serious consequence has been incurred, the Ministry of Commerce shall give a written criticism and warning to it. Where any question raiser has any subjective deliberate intent to make any false question or where any false question has any negative impact on or incurs economic losses to the normal implementation of a project subject to bidding, the Ministry of Commerce will, in light of the circumstances, stop inviting the enterprise to join the bidding of any foreign aid project within 1-2 years. 8. The Ministry of Commerce (Foreign Trade Department) shall take uniform charge of accepting the questions posed by question raisers regarding the publicized bidding results of foreign aid projects and opening the exclusive telephone and fax. 9. A question shall not be accepted under any of the following circumstances: (1) When it fails to be effectively served according to the present provisions; (2) Where it is posed by a non-bidder; (3) Where no legal seal is affixed to the Questioning Form of Bidding Results as well as the relevant letters; (4) Where there is no clear content, clue or related evidence; or (5) Where any different opinion is raised merely against the bidding result in the absence of any relevant evidence. 10. The Ministry of Commerce shall, within 10 workdays as of the day when a question is accepted, inform the question raiser of the result of treatment. The results of treatment are classified into three types: maintaining a bidding result, altering a bid winner, and announcing the invalidity of a bidding. In particular, where a bid winner is altered, the new winner shall be publicized through the "Exclusive Network for Foreign Aid Bidding" within the term of publicity as prescribed herein. Where any bidding is announced invalid, a new bidding shall be organized or the way of bidding shall be separately decided. 11. Where a question raiser has any different opinion on the result of treatment on its question, an administrative review or action may be raised according to law. 12. The power to interpret any matter that is not prescribed herein shall remain with the Ministry of Commerce. The present Provisions shall come into force as of September 1, 2006. Attachments: 1. The contact details of The Ministry of Commerce (Foreign Trade Department) 2. Questioning Form of Bidding Results (Format) Attachment 1: The department that uniformly accepts the questions over publicized bidding results of foreign aid projects and the contact are as follows: Acceptance department: Foreign Aid Department of the Ministry of Commerce Address: The Ministry of Commerce Floor 6, Dong'anmen Office District, No. 82 Dong'anmen Street, Beijing Contact Telephone: 010-85226617 / 85226649 Fax: 010-65129350 Attachment 2: QUESTIONING FORM OF BIDDING RESULTS (FORMAT) 1. Legal Name Of The Question Raiser: 2. Legal Address: 3. Contact Person: 4. Contact Information: 5. Name Of The Items Of Questioning: 6. Serial Number Of The Bidding Document: 7. Prescribed Term Of Publicity: 8. Content Of Questioning: 9. Attached Evidential Material: 10. Seal Of The Legal Representative Or The Authorized Representative Thereof: I, the undersigned, hereby guarantee on behalf of my enterprise the authenticity and lawfulness of the source of the aforesaid contents questioning and the relevant evidences, and confirm the assumption of the relevant legal liabilities. (Signature of the legal representative or the authorized representative) (Seal) Date: |
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