Bidding For Mechanical And Electrical Products Export

general provisions

In order to safeguard the national interests and the normal order of foreign trade, establish an equal competition mechanism and protect the legitimate rights and interests of export enterprises, these measures are formulated in accordance with the foreign trade law of the People's Republic of China and the regulations on the administration of the import and export of goods in People's Republic of China.

The second Ministry of foreign trade and Economic Cooperation (hereinafter referred to as MOFTEC) is responsible for formulating, adjusting and announces the catalogue of mechanical and electrical products subject to export bidding, and is responsible for the management, guidance and supervision of the export bidding of related mechanical and electrical products.

Third bidding for export of mechanical and electrical products should follow the principle of "fairness, openness and fairness".

The fourth way is applicable to the mechanical and electrical products that are exported by various means of trade, but otherwise stipulated by laws and administrative regulations. In accordance with these measures, export enterprises can obtain and use the export amount of corresponding mechanical and electrical products without compensation.

Second chapter organization, duty

The fifth export bidding for mechanical and electrical products is carried out under the leadership of the export bidding committee of the related mechanical and electrical products (hereinafter referred to as the bidding committee). The tender committee is composed of the relevant departments of the Ministry of foreign trade and economic cooperation, the China Chamber of Commerce for mechanical and electrical products import and export (hereinafter referred to as the mechanical and electrical chamber of Commerce) and the relevant personnel of the China Association of foreign investment enterprises (hereinafter referred to as the Association of foreign enterprises).

The tendering Committee shall set up the bidding office, which is responsible for the daily work of export bidding. The bidding office is set up in the relevant branch of the mechanical and electrical chamber of Commerce, with a director, a deputy director and a number of members. The director of the bidding office is headed by the head of the Secretariat of the branch of the electrical and mechanical chamber of Commerce.

The responsibilities of the sixth bidding committees are:

(1) examining and approving the bidding work plan;

(two) to examine and publish all the provisions, notices and announcements of tendering work;

(three) determine the market scope and the total amount of bidding for export bidding according to the export situation of the tender commodities and the demand of the international market;

(four) be responsible for the bid opening and bid evaluation work, examine and approve the preliminary examination opinions of the tendering office for the bidding materials, determine the winning bid units and the number of winning bid, and announce the winning bid results;

(five) approving the transfer of the winning bid;

(six) leading the bidding office to study and solve other problems in the export bidding work.

The responsibilities of the seventh bidding offices are:

(1) investigate and study the market situation of the bidding commodities, draw up the documents for tendering work, minutes and announcements, and submit them to the Bidding Committee for approval.

(two) printing and distributing all kinds of documents and materials for bidding commodities;

(three) be responsible for the preparation of bid opening and bid evaluation, and make a preliminary examination of the qualification of bidding enterprises;

(four) according to the customs statistics, the export performance of the bidding enterprises is determined, and the bid number of the bidding enterprises is calculated and submitted to the Bidding Committee for examination and approval.

(five) supervise and inspect the use of bid winning number and execution of bid invitation rules by bid winning enterprises;

(six) handle the issue of transfering the number of successful bid;

(seven) other tender related matters assigned by the tender committee.

The third chapter is tender.

The eighth bid twenty days before each tendering, the tender committee announcements in the "International Business Daily" and other media.

The ninth eligible enterprises must have the qualifications:

(1) registration with the administrative department for Industry and commerce;

(two) having the qualification for export business;

(three) members of the mechanical and electrical chamber of Commerce or members of the foreign enterprise association.

The tenth bidding enterprises shall make bids according to the actual export capacity and product specifications of the enterprises, and the bid price shall not be lower than the agreement price of the same industry.

The eleventh enterprises participating in the bidding shall fill in the tender materials in accordance with the provisions of the tender announcement.

Twelfth, each enterprise limited to one tender document, the tender materials must be sealed and delivered to the tendering office before the bid closing date specified in the tender notice.

The tender materials include:

(1) application for bid;

(two) tender guarantee;

(three) the certificate of the member of the mechanical and electrical chamber of Commerce or the member of the foreign enterprise association.

(four) approval documents for export right of operation, certificate of approval for foreign trade enterprises, or approval certificate of foreign invested enterprises (photocopy);

(five) the legal person business license issued by the administrative department for Industry and Commerce (photocopy);

(six) export quality license issued by the State Administration of quality supervision, inspection and Quarantine (photocopy);

(seven) other materials specified by the tender committee.

The thirteenth tendering offices shall register immediately after receiving the bid materials.
　　
The fourth chapter is open bid and bid evaluation.

The fourteenth tendering committee will open the tender within the prescribed time, and the tender office will conduct a preliminary evaluation of the tender.

Fifteenth, in order to promote the scale operation of enterprises, the tender committee can set the minimum export performance of enterprises, and fail to award the enterprises that fail to achieve the lowest export performance.

The sixteenth bidding offices calculate the winning number of enterprises according to the following bidding formula.

(1) to determine the proportion of winning enterprises in the total amount of bidding commodities, "A":

The total value of the commodity exported by the company last year
A=------------------------------
The total export value of the elephant commodity in the previous year

(two) determine the average export price of the unit bidding commodity in the country "B" and the average bid price of the bid winning enterprise unit.
The mouth price is "C":

The total export value of the commodity in the previous year
B=---------------------------
The total export volume of the commodity in the previous year

The successful bidder exported the total amount of goods in the previous year.
C=-------------------------------
The successful bidder exported the total amount of goods in the previous year.
(three) determine the bid number of the winning bidder "Q":
C
Q = total bid X A X ----
B
The bidding committee can adjust the above formula according to the different circumstances of the commodity when bidding for the specific tender commodity.

After the seventeenth bid is opened, the tendering office will complete the preliminary evaluation within 7 working days and submit it to the tender committee.

After receiving the initial evaluation of the bidding office, the tender committee shall, within 10 working days, check and evaluate the winning bid and its winning number according to the effective bidding materials of the enterprise.

The eighteenth bidding committees publish the list of successful companies in the "International Business Daily" and other media. Meanwhile, the bidding office will issue the "winning bid Registration Manual" to the winning companies.

The fifth chapter is transfer and export licensing.

The number of nineteenth winning tenders can be transferred to the transferee, but the relevant transfer procedures must be handled through the bidding office, and the transferee should have the qualification to tender. The bidding office provides the transferee notice to the transferee and copies it to the local certification authority.

After obtaining the "successful registration manual", the twentieth enterprises obtain the export license from the local certification authority authorized by MOFTEC. The basis for issuing licenses is:

(1) the Ministry of foreign trade and Economic Cooperation issued the winning bid results of various certification authorities in document form or the "Notice of acceptance" issued by the bidding office;

(two) the handbook issued by the tendering Committee.

(three) effective export contracts of successful bid companies.

The twenty-first bid winning enterprises must declare to the tendering office the number of successful bid entries before the tender year September 30th, and return them before November 15th of that year. The number of successful bid declarations or returns can be transferred to the transferee.

The number of successful bid companies that have been confiscated and deducted can be transferred to the transferee.
　　
The sixth chapter is tender management.

The twenty-second tendering offices shall follow up and inspect the utilization of the winning or transferable indicators of the export enterprises, understand the problems in the export of the commodities for tendering and the opinions and requirements of the enterprises, and report to the bidding committee in a timely manner.

Twenty-third, when the total amount of export bidding is not enough, the tender office shall submit a report to the tendering Committee. The tender committee shall decide whether to increase the total number of tenders and the number of tenders according to the actual situation.

The twenty-fourth bid winning enterprises receive the winning bid margin within a month from the receipt of the "winning bid Registration Manual", the proportion of which is determined by the specific circumstances of the tender commodities, but not more than 3/10000. The winning bid will be converted to RMB in the foreign exchange selling price announced by the State Administration of foreign exchange on the day of winning the bid.

The twenty-fifth bid winning bond is collected by the tendering office on behalf of the Ministry of Finance and cooperated with the special account. The bidding office can apply for part of the funds for the management of the tender, and report to the tendering committee the income and expenditure of the winning bid annually.

Seventh chapter penalties

Twenty-sixth, the bidding committee may impose corresponding penalties on those enterprises that violate these measures:

(1) those who commit any of the following acts shall be punished according to the seriousness of the case, such as giving notice of criticism, warning, confiscation of the number of winning bid and cancellation of bid qualification; if a crime is constituted, they shall be investigated for criminal responsibility according to law.

(1) false bidding materials;

(2) transfer or sell the winning bid without authorization;

(3) the actual export price is lower than the agreement price or the price reduction in disguised form;

(4) to verify the infringement of intellectual property rights by relevant departments;

(5) do not pay the winning bid on time.

(two) if the number of successful bidder fails to return the number of successful bid, the number of successful bid will be deducted according to the proportion of the unpaid quantity of the enterprise.

(three) the tender committee will notify the local certification authority of the result of the award, and take corresponding measures.

　　　　　　　　　　　　　　
Eighth chapter supplementary provisions

The twenty-seventh way is to be explained by MOFTEC.

The twenty-eighth measures shall come into force on January 1, 2002, and the original bidding method for mechanical and electrical products shall be abolished at the same time.