Measures for Examining and Approving the Qualification of International Tendering Institutions for Electromechanical Products Chapter 1 General Principles Article 1: In order to maintain the principles of transparency, equity and justice in International Tendering for Electromechanical Products, establish a healthy international tendering competitive mechanism, ensure a smooth International Tendering process for Electromechanical Products and normalize the examination and approval of Qualification of International Tendering Institutions for Electromechanical Products, the present measures are drawn up in conformity with Tendering and Bidding Law of PRC and Law of Administrative Licensing of PRC. Article 2: International Tendering Institutions for Electromechanical Products refer to the legally tenable artificial person that dealing with the international tendering service for Electromechanical Products, with International Tendering Qualification authorized Ministry of Commerce. Article 3: Ministry of Commerce is in charge of nationwide Examination and Approval of the Qualification of International Tendering Institutions for Electromechanical Products and annual Qualification Auditing. The administrative institutions for importing and exporting Electromechanical Products in all the provinces, autonomous regions, municipalities, special listed cities, open coastal cities, special economic zones, Xinjiang Production and Construction Corps (hereinafter referred to as administrative departments) shall in charge of Examination and Approval of the Qualification of International Tendering Institutions for Electromechanical Products at the relative level and primary work of annual Qualification Auditing. Chapter 2 Qualification Application, Examination and Approval Article 4: Enterprises that deal with International Tendering Service for Electromechanical Products, purchasing with the usage of foreign loan and domestic capital, shall obtain the Qualification of International Tendering for Electromechanical Products. Qualification of International Tendering Institutions for Electromechanical Products is classified as First Grade, Second Grade and Pre-second Grade. The International Tendering Institutions for Electromechanical Products of the First Grade shall not be restricted by the amount of Trust Money; the Institutions of the Second Grade shall only deal with the service with one-off Trust Money no more than $40 million; the Institutions of the Pre- second Grade shall only deal with the service with one-off Trust Money no more than $20 million. Article 5: The artificial person that with no Qualification of International Tendering for Electromechanical Products shall only be able to apply for the Pre-second Grade Qualification of International Tendering for Electromechanical Products. Article 6: The artificial person that applies for the Pre-second Grade Qualification of International Tendering for Electromechanical Products shall be qualified as follows: 1. Having no subjection or other interest relationship with administration organ or other national organ. 2. Bearing relevant amount of money. 3. Processing settled Business Establishments (Bid Opening Hall included), establishments required for the development of International Tendering Service and modern office conditions with connections to professional information network. 4. Obtaining professional staff for editing Tendering Documents and organizing evaluation of tender. 1)The amount of full-time tendering staff with middle rank professional titles shall not less than 70% of all the tendering staff. 2)With three years or more domestic Electromechanical Products tendering experience, and the average outstanding achievement in domestic public tendering shall be above ￥200 million in the last 3 years; or engaged in foreign trade for three years or more, and the total import and export volume of Electromechanical Products shall be above $600 million in the last 3 years. Article 7: The applicants shall submit application materials to relevant administrative departments, between July 1 and July 5 each year, for a preliminary auditing. The relevant administrative departments, in case of accept or not accept the administrative licensing application, shall provide written credence with the seal print of Ministry of Commerce and date. The relevant administrative departments shall bring forward preliminary auditing opinion 20 days as from dealing with the administrative licensing application, and submit the preliminary auditing opinion and application material to Ministry of Commerce between August 1 and August 5 the same year. The application material shall include following items: 1Application: registration time of enterprise artificial person, constitution of staff, tendering Business Establishments, computer and information network conditions, and comprehensive statement of outstanding achievement in domestic tendering or Electromechanical Products import and export. 2Company constitution 3Artificial person Business License (copy) 4Foreign trade proprietor registration form for record 5Electromechanical Products import and export outstanding achievement schedule (Appendix1) or Electromechanical Products domestic public tendering outstanding achievement schedule (Appendix2), domestic public tendering project categorized schedule (Appendix3) and following materials (copy) : 1)Tendering agency by agreement contract 2)Publicized tendering announcement 3)Record of bid opening 4)Letter of Acceptance 6Enterprise organization schedule (Appendix4) 7Roll of full-time tendering staff with middle rank professional titles or above (Appendix5) Article 8:As of the date of receiving the submitted application materials and preliminary auditing opinion, Ministry of Commerce shall audit the application and make administrative licensing decision, which shall be publicized simultaneously, within 20 days. Those that accord with this Measure shall be endowed with Pre-second Grade Qualification of International Tendering for Electromechanical Products, awarded with “Qualification Certificate of International Tendering Institutions” (hereinafter referred to as Qualification Certificate). Qualification Certificate takes effect as of the issuing date and expires one year later on the promulgation of next auditing result. Article 9: Pre-second Grade International Tendering Institutions for Electromechanical Products that meet conditions in Article 15 are allowed to apply for Second Grade Qualification of International Tendering for Electromechanical Products. Second Grade and Pre-second Grade International Tendering Institutions for Electromechanical Products that meet conditions in Article 16 are allowed to apply for First Grade Qualification of International Tendering for Electromechanical Products. Article 10:If any applicant provides fake materials while applying the Qualification of International Tendering for Electromechanical Products, the application shall be considered as nullity. Further more, Ministry of Commerce will not accept its application for Qualification of International Tendering for Electromechanical Products in the next year. Chapter 3 Annual Qualification Examination Article 11. Ministry of Commerce carries out annual qualification examination on international bidding institutes of mechanical and electrical products every year, excluding those with an international bidding qualification less than 1 year. Article 12. International bidding institutes of mechanical and electrical products should submit materials of annual qualification examination to relevant administrative commercial departments for primary examination during Jan 1 to 10 every year, and relevant administrative commercial departments should submit opinions of primary examination and application materials to Ministry of Commerce during Feb 1 to 10. Article 13. International bidding institutes of mechanical and electrical products should provide following materials when applying for annual qualification examination: 1. Public biding achievements of international bidding institutes of mechanical and electrical products last year, which should be equal to the money of wining the bid in the international bidding businesses of mechanical and electrical products that are carried out in special websites authorized by Ministry of Commerce; 2. Application for annual qualification examination with a contents of changes in the organization, measures of regulating public bidding and summaries of both domestic and international bidding achievements; 3. Copy of business license of corporation; 4. Table of international bidding achievements of mechanical and electrical products; 5. Copy of qualification certificate. Article 14. In case an international bidding institute of mechanical and electrical products accord with following items, Ministry of Commerce will reissue qualification certificates for it have passed the annual qualification examination. 1. International bidding achievement of an international bidding institute of mechanical and electrical products of first grade is not less than 80,000,000 U.S dollars. 2. International bidding achievement of an international bidding institute of mechanical and electrical products of second grade is not less than 50,000,000 U.S dollars. 3. International bidding achievement of an international bidding institute of mechanical and electrical products of pre-second grade is not less than 30,000,000 U.S dollars. 4. International bidding institute of mechanical and electrical products has not violated Bidding Measures, International Bidding Measures on Mechanical and Electrical Products, this measures and other related regulations. Article 15. In case an international bidding institute of mechanical and electrical products of pre-second grade reaches an annual bidding achievement of 50,000,000 U.S dollars, it may apply for upgrade. With verification and approval of Ministry of Commerce, its level of international bidding qualification may be upgraded to second grade. Article 16. In case an international bidding institute of mechanical and electrical products of pre-second and second grade accords with one of the following items, it may apply for upgrade. And with verification and approval of Ministry of Commerce, its level of international bidding qualification may be upgraded to first grade. 1. International bidding institute of mechanical and electrical products of second grade reaches an annual international bidding achievement of 100,000,000 U.S dollars, and its registered capital must exceed 10,000,000 yuan; 2. International bidding institute of mechanical and electrical products of second grade reaches an annual international bidding achievement of 180,000,000 U.S dollars within 2 years since receiving international bidding qualification of the second grade, and its registered capital must exceed 10,000,000 yuan; 3. International bidding institute of mechanical and electrical products of second grade reaches an annual international bidding achievement of 250,000,000 U.S dollars within 3 years since receiving international bidding qualification of the second grade, and its registered capital must exceed 10,000,000 yuan; 4. International bidding institute of mechanical and electrical products of pre-second grade reaches an annual international bidding achievement of 200,000,000 U.S dollars, and its registered capital must exceed 10,000,000 yuan; Article 17. In case an international bidding institute of mechanical and electrical products accords with one of the following item, it will be degraded, however, qualification examination standard of those with other special reasons or belonging to special scope of the State’s Council may proprietarily broadened. 1. In case the international bidding institute of mechanical and electrical products of first grade reach an annual international bidding achievement of less than 80,000,000 U.S dollars, but more than 50,000,000, it will be degraded to second grade; 2. In case the international bidding institute of mechanical and electrical products of first grade reach an annual international bidding achievement of less than 50,000,000 U.S dollars, but more than 30,000,000, it will be degraded to pre-second grade; 3. In case the international bidding institute of mechanical and electrical products of second grade reach an annual international bidding achievement of less than 50,000,000 U.S dollars, but more than 30,000,000, it will be degraded to pre-second grade. Article 19. In case an international bidding institute of mechanical and electrical products was warned once last year in the annual qualification examination, it will be degraded by 1 level, and those satisfied conditions of upgrading will not be upgraded. In case an international bidding institute of mechanical and electrical products was warned twice last year in the annual qualification examination, it cannot attend the annual qualification examination, and the last year bidding achievement of which will be verified in the next annual qualification examination. In addition, it cannot operate the international bidding business of mechanical and electrical products as from the publication of the result of this annual qualification examination until it passes the next annual qualification examination. In case the international bidding institute of mechanical and electrical products was warned 3 times last year in the annual qualification examination, it can attend neither this annual qualification examination nor the next annual qualification examination. In addition, it cannot operate the international bidding business of mechanical and electrical products as from the publication of the result of both this annual qualification examination and next annual qualification examination. Within 3 years, Ministry of Commerce will no longer accept its application of international bidding qualification of mechanical and electrical products. Article 20. In case any change takes place in the name, corporate representative or address of an international bidding institute of mechanical and electrical products, it should apply to Ministry of Commerce for reissue of qualification certificate; in case any combination or division take place in international bidding institute of mechanical and electrical products, which results in changes of materiality of the original institute, international bidding institute should reapply to Ministry of Commerce for international bidding institute of mechanical and electrical products. Article 21. If an international bidding institute of mechanical and electrical products has not carried out the annual qualification examination in accordance with this measure, the bidding qualification certificate will loose efficiency automatically. Article 22. In case an international bidding institute of mechanical and electrical products submits false materials for annual qualification examination, it will not pass the annual qualification examination, and Ministry of Commerce will not accept the application of international bidding qualification the next year. Article 23. Ministry of Commerce takes the responsibility to announce the results of annual qualification examination. Chapter 4 Regulations on Punishment Article 24. In case an international bidding institute of mechanical and electrical products accords with one of the following items, it will be warned and amerced less than 30,000 yuan: 1. Altering certificate; 2. Demising or lending the certificate; 3. Amending bidding documents without permission; 4. Have not registered the bidding documents and report of bidding comment in accordance with relevant regulations; 5. Have not given comments on bidding in accordance with relevant regulations; 6. Failing to reflect the true condition of the bidding documents in the report of bidding comment; 7. Failing to set up a committee of bidding comment; 8. Authorizing international bidding institute without mechanical and electrical products to carry out business of materiality in international bidding activity; 9. Authorizing embranchment institute to carry out business of materiality in international bidding activities; 10. Amending results of winning a bid without permission; 11. Violating Bidding Measures, International Bidding Measures on Mechanical and Electrical Products, this measure and other related regulations. Article 25. In case an international bidding institute of mechanical and electrical products accords with one of the following item, it will be amerced more than 50,000 yuan, but less than 250,000 yuan; direct governors of the institute and other direct governors will be amerced more than 5%, but less than 10% of the mulct; all illegally accepted interest will be confiscated; bidding qualification of those who seriously violate the regulations will be paused or cancelled: 1. Colluding with tenderee; 2. Let out related bidding conditions and materials that should be kept in secrecy; 3. Colluding with tenderee to amend business affairs, technologies and prices of the bidding documents. Chapter 5 Supplementary Articles Article 26. Ministry of Commerce keeps the right of explanation for this measure. Article 27. This measure takes effect as from Mar 1, 2005. The former Verifying Measures on Qualification of the International Bidding Institute, Circular on Carrying out Annual Examination on International Bidding Institute of Mechanical and Electrical Products, Supplementary Circular on Qualification Examination and Annual Examination of International Bidding Institute are terminated at the same time. (All information published in this website is authentic in Chinese. English is provided for reference only. )