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Article 1. The present Measures have been formulated on the basis of the relevant laws and regulations including the Law of the People's Republic of China on Bid Invitation and Tendering for Bid for the purpose of regulating the bid invitation and tendering for bid of the technological innovation projects of the state so as to guarantee the quality of the projects and raise the investment results. Article 2. The term "bid invitation and tendering for bid of the technological innovation projects of the state" mentioned in the present Measures refers to the activities of selecting and determining the entities to undertake the key technological innovation projects of the state by means of bid invitation and tendering for bid. Article 3. The principles of openness, fairness and impartiality shall be followed in the work of bid invitation and tendering for bid of the technological innovation projects of the state. No entity or individual may interfere by any means with the bid invitation or tendering for bid of the technological innovation projects of the state. Article 4. The State Economic and Trade Commission (hereafter "the SETC") is in charge of the administration of the bid invitation and tendering for bid of the technological innovation projects of the state, and the economic and trade commission of all provinces, autonomous regions, centrally governed municipalities, cities directly under the Central planning, and the Xinjiang Construction Corps shall take charge of the administration of the bid invitation and tendering for bid of the technological innovation projects within their respective jurisdictions. Article 5. The SETC determines the projects subject to bid invitation according to the industrial technology policies of the state and within the range of the technological innovation projects of the state as well as the equipment development projects for the purpose of solving the key technological problems that concern the common features, crux and the future of the industries and that are critical to the development of the national economy. Article 6. The work of bid invitation for the technological innovation projects of the state shall be entrusted to the bid invitation institutions that have the qualifications acknowledged by the relevant departments of the state. Article 7. The bid invitation is divided into the public bid invitation and the requested bid invitation. The public bid invitation refers to that unspecified legal persons or other organizations are requested by way of public announcements of bid invitations to tender for bids. Requested bid invitation refers to that specified legal persons or other organizations are requested to tender for bids by way of letters of invitation for tendering for bids. In any of the following circumstances, the bid invitation may be made by way of requested bid invitation: (1) If the project involves the intellectual property rights of business secrets of the project entity; (2) If the security or secret of the state involved so that it is inappropriate to make the bid invitation by way of public bid invitation; (3) If the there are limited tenderers for bid so that it is inappropriate to make the bid invitation by way of public bid invitation; or (4) In any other situation where it is provided by the state that the bid invitation may be made by way of requested bid invitation. Article 8. Where the public bid invitation is adopted, the bid invitation institution shall, according to the Letter of Entrustment for Bid Invitation issued by the SETC, publish public announcements on mass media such as the China Bid Invitation (Weekly) and the China Technological Innovation Information Net. The public announcement of bid invitation shall clearly specify the following elements: (1) Name of the bid invitation project; (2) Nature of the bid invitation project and the major targets of implementation; (3) Qualification requirements over the enterprises to tender for bid; (4) Name, address and contact information of the bid invitation institution; (5) Measures for obtaining bid invitation documents; and (6) Time and place for tendering for bid and opening bids. The duration between the day when the public announcement of bid invitation and the day of bid opening shall, as is the general rule, be 45 workdays. Article 9. Where the requested bid invitation is adopted, the bid caller shall send a letter of request for tendering for bid to three or more enterprises that have the capacity to undertake the bid invitation project and have good credit standing. The letter of request shall specify the matters described in Article 8, Paragraph 2 of the present Measures. Article 10. The bid invitation institution shall formulate bid invitation documents by reference to the Proposal for Technological Innovation Projects of the State, organize relevant experts or institutions to make examinations, and send them out after have been approved by the SETC. With regard to a highly professional technological innovation project of the state, the bid invitation institution shall make preliminary examinations of the qualifications of the enterprises that have the intention to tender for bid before sending out the bid invitation documents. The bid invitation documents shall clearly specify the following matters: (1) A request for tendering for bid; (2) The technological conditions, conditions and performances that the tenderer shall meet; (3) Name of the project; (4) Contents and objective of implementation of the project; (5) The policy support and funds to be supplied by the SETC for the implementation of the project; (6) The obligations and duties of the bid winner in the project; (7) Project schedule and time requirements; (8) The requirements of format and content of the bid documents; and (9) The ways, place and deadline for submitting bid documents. Article 11. A bid invitation may, where it is required by the practical demand of the bid invitation project, be divided into two phases: The first phase is to obtain the proposal of the bid tenderers with regard to the technical and economic indexes, technical plans and the minimum limit of the bid. The second phase is to determine the bid winner according to the provisions of Articles 20, 21, and 22 of the present Measures. Article 12. The SETC and the bid invitation institution take relevant factors into comprehensive consideration and jointly determine the minimum limit of the bid. Article 13. The clarifications or revisions made by the bid invitation institution shall be informed, 15 days prior to the expiration of the deadline, to all the recipients of bid invitation documents in written form. The said clarifications or revisions shall be a component part of the bid invitation documents. Article 14. In case the SETC decides to cancel the entrustment for bid invitation and terminate the bid invitation activities, it shall make a statement to the general public in written form. If the bid invitation is canceled and the bid invitation is terminated as a result of the bid invitation institution, the institution shall report to the SETC in written form for approval, and shall make a statement to the general public. Article 15. The bid tenderer shall be an enterprise or other organization that has the legal person status and that is registered in China. The bid tenderer shall meet the following conditions: (1) Having the corresponding technical conditions required by the bid invitation documents; (2) Having the qualifications and corresponding performances required by the bid invitation documents; (3) Having good credit standing; and (4) Meeting other conditions provided by laws or regulations. Article 16. Any bid tenderer that meets the conditions described in the announcement of bid invitation may tender for bid. Enterprises or institutions of higher learning and scientific research institutions are encouraged to tender for bid jointly. Article 17. Bid tenderers shall perform all the duties described in the bid invitation documents, formulate bid documents in rigid accordance with the bid invitation documents, and submit the bid documents to the bid invitation institution within the prescribed time period. Bid tenderers may, prior to the expiration of the deadline for submitting bid documents, supplement, revise or withdraw the bid documents that they have submitted, and inform the bid invitation institution in written form. The supplemented and revised contents shall be a component part of the bid documents. Article 18. Bid openings shall be presided by the bid invitation institution, and be conducted in public with all the bid tenderers being present. Article 19. The bid appraisal committee shall consist of no fewer than 9 members, including the representatives of the SETC and the bid invitation institution as well as experts in the fields of technology, economics and law. All the members shall be subject to the examination and approval of the SETC. The number of appointed experts in the fields of technology, economics and law. shall be no less than 1/3 of the total of the members of the bid appraisal committee. No one who has an interest in any of the bid tenderers may become a member of the bid appraisal committee of the relevant projects. Should he have already become a member, he shall be replaced. No member of the bid appraisal committee may divulge any information relating to the bid appraisal, nor may he collude with any of the bid tenderers to injure the interests of the state or the lawful rights and interests of other people. Article 20. The bid appraisal committee determine 2 or three candidates for winning the bid according to the standards and measures for bid appraisal set down in the bid invitation documents, form a bid appraisal report and submit it to the SETC. Article 21. The SETC shall, within 7 workdays after receiving the bid appraisal report, examine the bid appraisal report and conclusion for deciding the bid, determine the bid winner and inform the bid invitation institution. Article 22. The bid invitation institution shall, within 3 workdays after receiving the notice of the SETC concerning the determination of the bid winner, issue a Bid Winning Notice to the bid winner, and issue a Bid Failure Notice to all the bid tenderers that have failed. Article 23. The entity that has been selected through bid invitation to undertake the technological innovation projects of the state shall enter into an agreement of target responsibilities of the project with the hosting entity upon the entrustment of the SETC on the basis of the bid invitation documents and bid appraisal report. The technological innovation projects of the state that have been determined through bid invitation shall be incorporated into the management of technological innovation projects of the state and shall enjoy relevant policy treatments. Any undertaking entity that fails to enter into an agreement on the basis of the bid invitation documents and bid appraisal report shall be dealt with by the SETC according to the relevant provisions of the state. Article 24. The relevant provisions of the Measures for the Management of the Technological Innovation Plans of the State and the Measures for the Management of Authentication and Acceptance of New Products and New Technologies shall be complied in the implementation of the bid invitation project, use of fund, authentication and acceptance, and project readjustment. Article 25. The economic and trade commissions of the provinces, autonomous regions, municipalities directly under the Central Government, cities directly under State Planning and the Xinjiang Construction Corps may formulate their respective measures for the administration of the bid invitation and tendering for bid of technological innovation projects. Article 26. The power to interpret the present Measures shall remain with the SETC. Article 27. The present Measures shall come into force as of December 1, 2002. |
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