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In order to strengthen the management and supervision of the selection and recruitment of procurement agencies for loans and grants from international financial organizations, standardize the selection and appointment procedures, and formulate the "Administrative Measures for the Selection and Employment of Purchasing Agents for Loans and Grants for International Financial Organizations". The "Measures" were issued by the Ministry of Finance under Caiji [2011] No. 133 on December 30, 2011. There are a total of 25 Measures, which will come into effect on January 1, 2012.
Administrative Measures for the Selection and Employment of Purchasing Agents for International Financial Organization Loan Grant Projects
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- Administrative Measures for the Selection and Employment of Purchasing Agents for International Financial Organization Loan Grant Projects
- Overview
- To strengthen international financial organizations
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- Ministry of Finance Notice
- First
- To strengthen international financial organizations
- In order to strengthen the management and supervision of the selection and recruitment of procurement agencies for loans and grants from international financial organizations, standardize the selection and appointment procedures, and formulate the "Administrative Measures for the Selection and Employment of Purchasing Agents for Loans and Grants for International Financial Organizations". The "Measures" were issued by the Ministry of Finance under Caiji [2011] No. 133 on December 30, 2011. There are a total of 25 Measures, which will come into effect on January 1, 2012.
- Notice of the Ministry of Finance on Printing and Distributing the "Administrative Measures on the Selection and Employment of Procurement Agents for Loan Grant Projects of the International Financial Organization"
- Cai Ji [2011] No. 133
- The relevant ministries and commissions of the State Council, relevant agencies directly under the State Council, the provinces, autonomous regions, municipalities directly under the Central Government, the city planning departments (excluding Tibet), the financial department (bureau), the bidding companies, and the relevant project units:
- In order to strengthen the management and supervision of the selection and employment of procurement agencies for loans and grants from international financial organizations, standardize the selection and employment procedures, and ensure that the procurement of loans and grants from international financial organizations is carried out legally, economically, and efficiently, the Ministry of Commerce has formulated The "Administrative Measures for the Selection and Employment of Purchasing Agents for Loan Grant Projects of the International Financial Organization" is hereby issued to you, please implement them accordingly. If there are any problems during implementation, please contact our department (International Department) in time.
- Attachment: Administrative Measures for the Selection and Employment of Purchasing Agents for Loan Grant Projects of the International Financial Organization
- Ministry of Finance of the People's Republic of China
- December 30, 2011
- Administrative Measures for the Selection and Employment of Purchasing Agents for International Financial Organization Loan Grant Projects
- Article 1 In order to strengthen the management and supervision of the selection and employment of procurement agencies for loans and grants of international financial organizations, standardize the selection and employment procedures, and ensure the legal, economical and efficient procurement of loans and grants for international financial organizations, This method.
- Article 2 These measures apply to the selection and employment of project units that use loans and grants from international financial organizations to pay agency fees with domestic funds. If the project unit and the international financial organization agree to pay the agency fees with loans or grants from the international financial organization, the selection and employment procedures shall be governed by the "Guide to the Use of Consulting Services" of the corresponding international financial organization.
- Article 3 The meaning of the following terms in these Measures:
- (1) Loans from international financial organizations refer to loans approved by the Ministry of Finance on behalf of the State to the World Bank, the Asian Development Bank, the International Agricultural Development Fund, the European Investment Bank and other international financial organizations to collectively raise and form government external debts, as well as the above-mentioned loans. Co-financing.
- (2) International financial organization grants refer to international finance such as the World Bank, Asian Development Bank, International Agricultural Development Fund, European Investment Bank, Global Environment Facility, etc., which are accepted by the Ministry of Finance or the Ministry of Finance on behalf of the country on behalf of the State. Grants provided directly by the organization or provided by other multilateral and bilateral agencies through the aforementioned international financial organizations.
- (3) The project unit refers to the Measures for the Administration of Loans and Grants to International Financial Organizations and Foreign Governments (Ministry of Finance Order No. 38) formulated and issued by the Ministry of Finance ("Order No. 38 of the Ministry of Finance") Collectively referred to as "central project execution agency", "central project coordination agency", "local project implementation agency" or relevant central or local departments, agencies or legal entities that assume the responsibilities of these agencies.
- (4) Purchasing agency refers to a specialized agency that accepts the entrustment of the project unit to provide procurement agency services, and whose qualifications meet the requirements of Article 13 of the People's Republic of China Tendering and Bidding Law and other relevant laws and regulations.
- (5) Purchasing agency services refer to the related work or services specified in Article 12 of these Measures that are undertaken or provided by a procurement agency upon entrustment by a project unit.
- Article 4 The selection and procurement of procurement agencies shall be organized and implemented by the project unit, and shall be completed before negotiating loans or grants with international financial organizations.
- Article 5 Regarding all procurement contract packages included in the same loan or grant project, partially or fully financed by loans or grants from the International Financial Organization, regardless of the proportion of the loans or grants from the International Financial Organization, Which procurement method is adopted, the project unit should only select one procurement agency, and select different procurement agencies after the demolition. However, bundling projects that span provinces (autonomous regions, municipalities, and cities with separate plans) and are responsible for procurement by local project units can choose one procurement unit for each province (autonomous region, municipality, and city with planned cities) involved. The agency undertakes the procurement agency work for part of the project in the region.
- Article 6 The methods of selecting and procuring procurement agencies include public bidding and invitation to bid, without pre-qualification. Open tendering is the preferred method of selection. Invitation to bid shall be implemented only after it has been reviewed and approved by the financial department.
- In the case of public bidding, the project unit shall at least publish the "Purchase Agency Invitation Letter" (hereinafter referred to as "Selection Invitation Letter") in at least one national newspaper and the central department or provincial government portal website of the project unit. 2).
- In the case of invitation to bid, the project unit shall send at least three invitation letters to the procurement agencies at the same time. The list of procurement agencies to be invited by the project unit shall be reported to the financial department for the record. After the Invitation for Employment is issued, if a procurement agency that is not on the invited list has indicated in writing to the project unit that it is willing to participate in the bidding before the deadline for bidding, the project unit shall allow the procurement agency to participate in the bidding and purchase the The list of agencies is reported to the financial department for the record.
- Article 7 The project unit shall compile the "Recruitment Documents for Selection and Employment" in accordance with the format and requirements of Annex 3 of these Measures. The contents of the "Selection and Consultation Document" mainly include:
- (1) Invitation letter for selection;
- (2) Project overview;
- (3) Purchase contents (subcontracting plan or plan);
- (4) the content and requirements of the services (task outline) required by the procurement agency;
- (5) Requirements for filling in the "Application for Agency";
- (6) The number of copies, sealed packaging and submission requirements of the "Application for Agency";
- (7) Deadline for receiving the "Application for Agency";
- (8) Evaluation procedures and scoring standards;
- (9) Agency contract format.
- The "Selection and Employment Consultation Document" shall be submitted to the financial department for record and then issued. The Selection and Employment Consultation Document shall be issued free of charge.
- Article 8 The "Consultation Document for Selection and Employment" stipulates that the deadline for the procurement agency to prepare and submit the "Application for Agency" shall be no less than the date from the date of issue of the "Consultation Document for Selection and Employment" to the deadline for submission of the "Application for Agency". 20th.
- Article 9 Any procurement agency that is willing to participate in the bidding process shall compile an "Agent Application Form" in accordance with the requirements and format in the "Recruitment Documents for Selection and Employment" (for the format, see Appendix 1 to the "Recruitment Documents for Selection and Employment"). The "Agency Application Form" must be sealed in writing and submitted at the time and address specified in the "Employment Consultation Document". You can choose to submit the "Application for Agency" by mail or in person. The quotation for agency service fees shall be sealed separately and submitted with the other parts of the "Application for Agency".
- Any "Application for Agent" delivered after the deadline has been deemed invalid and cannot be assessed.
- Article 10 The "Application for Agency" shall include the following:
- (1) Letter of application for agency application;
- (2) Overview of the procurement agency;
- (3) the performance of the procurement agency in the past three years (excluding the year of selection and employment activities) for the procurement agency business of loans and grants from international financial organizations;
- (4) The qualifications, capabilities and performance of the personnel responsible for the agency business of the project;
- (5) Service plan;
- (6) Payment requirements for agency service fees;
- (7) Other factors to be considered according to the characteristics of the project;
- (8) Quotation of agency service fee.
- The above (1) application letter of the agency application, the (6) agency service fee payment requirements, and the (8) agency service fee quotation shall be signed or sealed by the legal representative of the procurement agency or its authorized representative, The official seal of the legal person shall be affixed; the agency performance of the procurement agency in the past three years shall be accompanied by certification materials; the resume of the person responsible for the agency business of the project shall be confirmed by his signature and accompanied by corresponding certification materials. The originals of the relevant supporting materials attached are not part of the "Application for Agency", but should be made available for inspection.
- Any "Application for Agent" that does not meet the requirements of this Article shall be deemed to be invalid.
- Article 11 Purchasing agents may form joint ventures to participate in bidding on a voluntary basis. The joint venture bid shall be accompanied by the "joint agreement" signed by all parties in the "application for agency". There can be no more than two members forming a joint venture. The "joint venture agreement" should clearly identify the lead person and define their respective responsibilities, rights, and obligations. In the selection review, the score of the leader is used as the score of the joint venture.
- Article 12 The procurement agency shall provide the following procurement agency services to the project unit:
- (1) Provide pre-purchase consultation (such as assisting the project unit in preparing the procurement plan; training of project unit staff on the procurement policies, procedures and conditions of the international financial organization loan project);
- (2) Preparation of pre-qualification documents (in both Chinese and English) and / or bidding documents (in Chinese and English, except for the technical part), including clarifications or addenda to these documents. Organize the pre-qualification documents and / or bidding documents for sale, pre-bid meeting, bid opening, bid evaluation, final bid, write pre-qualification report (Chinese and English) and / or bid evaluation report (Chinese and English);
- (3) Pre-qualification documents and / or bidding documents (including clarification or addendum documents), pre-qualification reports and / or bid evaluation reports submitted to the relevant domestic approval authorities and international financial organizations for approval during the agency bidding process;
- (4) Signing of coordination contracts, etc.
- The quotation of agency service fees collected by procurement agencies for the purpose of completing procurement agency services within the scope of the first paragraph of this article shall be reported in accordance with the methods stipulated in the Interim Measures for the Administration of Fees for Bidding Agency Services (Calculated Price [2002] No. 1980) The charging rate, the reported rate may fluctuate up to 20% on the basis of the benchmark rate. If the project unit requires the procurement agency to submit a specific amount of the quotation for the agency service fee, the project unit shall list the names of all the contract packages that need to be agency and their estimated amounts in the "Recruitment Consultation Document".
- If the service content entrusted by the project unit to the procurement agency exceeds the scope specified in the first paragraph of this article, the two parties may separately negotiate service remuneration for the excess service content.
- Article 13 The project unit adopts the method of public bidding, and if there are less than 3 "applications for agency" received within the deadline, it shall re-tender; if the number of "applications for agency" received in the second public tender is still less than 3 companies can be evaluated within the scope of the procurement agency that has submitted the "Application for Agency".
- If the project unit adopts the invitation to invite bidding method, if there are less than 3 Agent Application Forms received within the deadline, the number of invitations should be sufficient to make up for the three agencies other than the procurement agency that has previously sent the Invitation for Employment Other procurement agencies participate in the bidding; if there are still less than 3 "agent applications" received after the second invitation, they can be evaluated within the scope of the procurement agencies that have submitted "agent applications".
- Article 14 The project unit shall establish an evaluation committee composed of more than five singular members to undertake the evaluation of the procurement agency. The director of the review committee may be selected by the members of the review committee or be represented by the project unit. The chairman of the review committee chaired the review meeting. At least one-third of the members of the review committee have been engaged in the procurement implementation or management of loans or grants from international financial organizations.
- The members of the jury must not include the following:
- (1) Staff of the financial department responsible for the specific management and supervision of loans and grants from international financial organizations;
- (2) Other personnel who have a stake in the procurement agency.
- Article 15 The appraisal committee shall make the assessment in accordance with the procedures and standards set out in the "Recruitment Documents for Selection and Employment". Each of the judges independently scored all aspects of the "Agent Application" submitted by the participating procurement agencies, and took the average score of each judge as the final score of the corresponding procurement agency.
- Article 16 The evaluation committee shall follow the following procedures and steps when scoring:
- (1) Scoring and scoring the scores of each "Application for Agent" in the "Application for Agency" of each procurement agency except the agency service fee quote;
- (2) Open the separately sealed agency service fee quotation, and calculate the score of the agency service fee quotation of each procurement agency according to the method specified in the "Selection and Consultation Document";
- (3) Calculate the total score of each procurement agency and rank according to the total score.
- When opening the agency service fee quotation, representatives of the procurement agencies that have submitted the "Application for Agency" can be invited to participate, but it is not allowed to send representatives to participate as a mandatory requirement.
- Article 17 The review committee shall recommend the procurement agency with the highest total score as the successful bidder. If the total score is the same, the agency service fee quotation score is the highest. The agency service fee quotation score is the same. The person responsible for the agency business of the project has the highest qualification, ability and performance score. By analogy, the scores of agency performance, company profile, agency service fee payment requirements, and other factors that need to be considered.
- Article 18 The evaluation of the procurement agency shall be conducted independently by the evaluation committee, and no unit or individual may influence the members of the evaluation committee or interfere in the evaluation process. The review process of the review committee shall be subject to the supervision of the discipline inspection and supervision department and the financial department.
- Article 19 After the review is completed, the review committee shall prepare a Review Report on the Selection and Employment of Purchasing Agents (hereinafter referred to as the Review Report). The Review Report shall include, but is not limited to, the following:
- (1) Basic information on the selection and appointment process (including the date of the issuance of the Invitation for Employment), the name of the media and website where the announcement is published in the case of open tendering, or the list of purchasing agencies invited in the case of invitation to tender, and the application for agency "Deadline, the list of procurement agencies that have submitted the" Application for Agency ", etc.);
- (2) the composition of the review committee;
- (3) the scoring status of the judges and the general reason for scoring;
- (4) Quotation status and corresponding scores of agency service fees of each procurement agency;
- (5) The total score and ranking of each procurement agency and the name of the procurement agency that recommended the winning bid.
- Each member of the review committee shall sign the Review Report. The project unit shall report the "assessment report" to the financial department for review within 10 working days after the review. After the financial department reviews and approves, the project unit shall issue a "Notice of Winning the Bid", and at the same time inform the procurement agencies that did not win the bid.
- Article 20 The procurement agency that has won the bid shall sign the "Agent Agency Contract" with the project unit within 15 working days after receiving the "Notice of Winning Bid" from the project unit (for the format, see Appendix 2 of the "Selection and Employment Consultation Document").
- Article 21 After the review work is completed, the project unit shall collect and archive the "Agent Application Form" submitted by the procurement agency, the scoring records of each judge during the review process, and the "Review Report" for at least 5 years. Where national laws and regulations require the archiving period of the procurement process documents to exceed the aforementioned provisions, such provisions shall be followed.
- Article 22 Selecting and hiring procurement agencies shall be assessed by the comprehensive scoring method. The project unit shall set specific scoring standards in accordance with the provisions of this Article and Annex 1, and shall specify them in the "Recruitment Documents for Selection and Employment". Except for the provisions of Articles 9 and 10 of these Measures, no matter whether one or more of the "Application for Agent" does not meet the requirements for the preparation of the "Employment Consultation Document", it shall not be abolished or deemed invalid. However, the corresponding dissatisfaction should be rated as 0 points.
- The scoring is based on a percentage system, and the specific scoring content and standards are implemented in accordance with Annex 1 of these Measures.
- Article 23 The examination or record by the financial department as provided for in Articles 6, 7, and 19 of these Measures refers to:
- Proposals for loans or grants from international financial organizations whose debts are borne by local governments and purchased by local project units are subject to review or filing by the provincial financial department.
- In addition to the loans or grants of international financial organizations other than those mentioned in the preceding paragraph, the project unit shall report the "Assessment Report" and the selection results to the Ministry of Finance for the record in accordance with Article 26 of the Ministry of Finance Order No. 38. The matter does not need to be reported to the Ministry of Finance for review or record, and the project unit is responsible for it, but the Ministry of Finance can supervise and inspect the relevant matters as needed.
- The audit time limit for the above audit items is within 10 working days after the audit items are delivered to the financial department. After 10 working days, if the financial department does not raise an "objection", it shall be deemed as "no objection".
- Article 24 Financial departments at all levels shall supervise the selection and employment of procurement agencies for loans and grants from international financial organizations and the work of procurement agencies that have won bids.
- If the project unit fails to select a procurement agency in accordance with these Measures, the provincial financial department may request the Ministry of Finance for relevant projects to postpone the negotiation of loans and / or grants with international financial organizations.
- If the procurement agency work of a procurement agency violates relevant national laws and regulations and the "Loan Agreement" or "Grant Agreement", "Project Agreement" and the relevant international financial organization's bidding and procurement guidelines or guidelines for hiring consulting services, The financial department at the same level may request the Ministry of Finance to submit a notice of criticism to the relevant procurement agency as appropriate.
- Article 25 These Measures shall be implemented as of January 1, 2012.
- Attachment: 1. Scoring content and standards of purchasing agency
- 2. Invitation letter for selection of procurement agency (format)
- 3. Selection and employment consultation documents (format)
- Scoring Content and Standards for Purchasing Agents
- The scoring of the purchasing agency adopts a percentage system, and the corresponding scores are set and evaluated according to the following content and standards:
- I. Company profile (maximum 5 points for this item)
- The project unit shall set points based on whether the comprehensive strength of the procurement agency is conducive to the completion of the procurement agency task.
- In order to encourage the procurement agency to compile the company profile concisely, the project unit may stipulate that the procurement agency shall not exceed 20 pages when filling in the company profile of the "Agency Application Form"; 0.5 points will be deducted for each page, and a maximum of 5 points will be deducted.
- 2. The performance of the procurement agency in the past three years to undertake the procurement agency business of loans and grants from international financial organizations (the highest 20 points in this item)
- The project unit shall set points based on the number of performances of the procurement agency and the similarity of the performance to the project. Whether the procurement agency represents the procurement of one or any combination of contracts in a project or the procurement of all sub-projects or contract packages, it does not matter whether it has signed the general "Agency Contract (or Agreement)" or signed the "Agency Contract ( Or agreement) ", shall be regarded as an agent performance.
- As a minimum performance requirement, the project unit should stipulate that the procurement agency must have undertaken at least one loan from an international financial organization in the past three years (excluding the year of the selection activity, whichever is the year in which the Agency Contract (or Agreement) is signed). Procurement agency business for grants.
- The project unit shall require the procurement agency to provide the following materials in the "Agency Application Form": (1) the "Agency Contract (or Agreement)" for the agency project; (2) the approval of the international financial organization on the relevant procurement process of the project contract package A copy of the document. The project unit may inspect the originals as required.
- If the performance certification materials provided by the purchasing agency are proved to be untrue, this item will score 0 points.
- 3. The qualifications, abilities and performance of the personnel responsible for the agency business of this project (maximum 30 points for this item)
- Project units should set points based on the following conditions: (1) the qualifications, years, capabilities, and performance of the project manager of the project team that the procurement agency intends to establish for the project; (2) the qualifications, years, Ability and performance; (3) Evaluation of the project unit or relevant management department that each member of the project team has served in the past.
- As a minimum qualification requirement, the project unit shall stipulate that the project manager that the procurement agency intends to send for this project must be engaged in an international financial organization loan or grant project procurement agency for at least five years, and has completed at least two international financial organization loans or gifts. Procurement agency work for payment items.
- The project unit shall require the procurement agency to provide the following materials in the "Agent Application Form": (1) certification materials that can prove the qualifications, years, capabilities and performance of the project manager and other members of the project team; (2) the relevant project unit or Copies of the evaluation evidence of the management department. The project unit may inspect the originals as required.
- If the certification materials provided by the procurement agency are proved to be untrue, or the project manager to be dispatched does not meet the minimum qualification requirements for the project manager in the preceding paragraph, this item will score 0 points.
- 4. Service plan (maximum 15 points for this item)
- The project unit shall set points from the rationality of the organization of the service plan, the feasibility of the service content or commitment, the satisfaction of the service quality guarantee system and measures, the special arrangements and measures for the project, and innovative or rational recommendations. .
- V. Agency fee payment requirements (maximum 5 points for this item)
- The project unit shall set points based on whether the payment requirements of the procurement agency are beneficial to the project unit.
- 6. Other factors to be considered according to the characteristics of the project (maximum 5 points for this item)
- The project unit shall set the points according to the actual needs of the project, but there shall be no requirement to exclude procurement agencies outside the administrative area or industry to participate in the competition.
- 7. Agency service fee quotation (maximum 20 points for this item)
- The project unit shall set the quotation points according to the quotation of the agency service fee of the procurement agency by using the low-priority method to meet the requirements of the "Recruitment Consultation Document" and the lowest quotation of the agency fee quotation shall be used as the calculation base price, and its price score shall be a maximum of 20 points. Points, the price scores of other purchasing agents are calculated according to the following formula:
- Agency service fee quote score = (calculate base price / agent fee quote) × 20
- The charging rate quoted by the procurement agency in accordance with the provisions of the "Interim Measures for the Administration of Tendering Agency Service Charges" (Calculated Price [2002] No. 1980) shall not exceed 20% on the basis of the benchmark rate. If the floating range exceeds 20%, the score for this item is 0 points.
- Invitation letter for selection of procurement agency (format)
- Our unit (address and contact details are as follows) intends to use (USD / EUR) (International Financial Organization name) loans (grants) for the construction of the project (hereinafter referred to as "the project"). The procurement of this project is expected to begin annually. According to the project's "loan agreement", engineering, goods, and non-consulting services purchased using the organization's loan (grant) should follow its Purchasing Guide; using its loan (grant) to select consultants should follow its Guide to Using Consulting Services. In order to complete the above procurement tasks, in accordance with the "Administrative Measures for the Selection and Employment of Purchasing Agents for Loan Grant Projects of the International Financial Organization" by the Ministry of Finance, procurement agents are now selected.
- In order to facilitate participation in the selection and bidding, the relevant matters are notified as follows:
- I. Any procurement agency with qualifications (determined by the project unit based on the relevance of the project's procurement content) can participate in the competition.
- 2. Brief introduction of procurement content (classified by civil engineering, cargo, non-consulting services, consulting services, including contract package name, estimated contract package amount) (filled by the project unit).
- 3. Interested purchasing agencies please contact our unit (contact information is as follows) to obtain the "Selection and Consultation Documents", and prepare and submit the "Agent Application Form" according to the attached format and requirements.
- 4. The deadline for submitting the "Application for Agency" is YYYY.
- V. Purchasing agents that have received this Invitation Letter for Procurement Agents Please write back in writing immediately to confirm: Have received this Invitation Letter, Whether to participate in this selection and bidding. (When the project unit publishes the announcement by public bidding, the content of this article may be deleted)
- Address of my organization:
- Postal code:
- fax telephone:
- Contact person, email address:
- (Name of project unit) (seal)
- (date)
- Copy report: (financial department)
- Selection and Consultation Document (format)
- I. Invitation letter for purchasing agency selection
- Project Overview
- Prepared by the project unit. It mainly introduces the total investment amount of the project, the amount of loans or grants made by the International Financial Organization, the main construction content of the project, the progress of negotiations with the International Financial Organization, the schedule of project construction and procurement, the organizational structure of the project unit and the division of responsibilities. Wait.
- 3. Procurement content (subcontracting plan or plan)
- Prepared by the project unit. Classified by civil engineering, cargo, non-consulting services, consulting services, including contract package name, estimated contract package amount, procurement method, etc.
- Fourth, the content and requirements of the services required by the procurement agency (outline)
- Prepared by the project unit. Mainly include: service objectives, service content (scope, responsibility, etc. shall be combined with the provisions of Article 12 of these Measures), qualification requirements of procurement agencies (of which the minimum performance requirements shall meet the corresponding provisions of Article 22 of these Measures), projects Qualifications, abilities and performance requirements of team members (including the minimum performance requirements of the project manager shall meet the corresponding provisions of Article 22 of these Measures), working methods and time requirements, the responsibilities of the project unit in procurement, and the provision of Facilities, etc.
- V. Requirements for filling in the "Application for Agency"
- Prepared by the project unit. The project unit shall include the corresponding provisions of Articles 9, 10, 11, 12 and 22 of these Measures). (Please refer to Appendix 1 for the format of the "Application Letter for Agency Application" and the components of the agency application).
- 6. Number of copies, sealed packaging and submission requirements of the "Application for Agency"
- Prepared by the project unit. Relevant requirements shall meet the requirements of Article 9 of these Measures.
- 7. The deadline for receiving the "Application for Agency" submission is year, month, and day.
- Evaluation procedures and scoring standards
- Prepared by the project unit. Relevant requirements shall satisfy the provisions of Articles 15, 16, 16, 17 and 22 of these Measures.
- Nine, the agency contract format (for reference format see Appendix 2)
- Appendix: 1. Application Form (Form)
- 2. Agency contract (reference format)
1 Appendix 1: Administrative Measures for the Selection and Employment of Purchasing Agents for Loan Grant Projects of the International Finance Organization : Application Form (Form)
- Letter of Application
- (Project unit name):
- Our company has received the "Recruitment Consultation Document" of your organization regarding project selection and procurement agencies. Our company is willing to participate in the bidding for the selection of procurement agents, and has prepared the "Agency Application Form" in accordance with the requirements of the "Selection and Solicitation Documents", which is now submitted to your organization for review. In addition to this "Application Letter for Agency Application", our "Application for Agency Application" also includes the following:
- 1. Overview of purchasing agency;
- 2. The performance of the procurement agency business (including the required certification materials) undertaken by the procurement agency for loans and grants from international financial organizations in the past three years (excluding the year of the selection activity);
- 3. The qualifications, abilities and performance of the personnel responsible for the agency business of the project (including required certification materials);
- 4. Service plan;
- 5. Payment requirements for agency service fees;
- 6. Other factors to be considered according to the characteristics of the project;
- 7. Quotation of agency service fee (individually sealed packaging).
- Company address and zip code:
- telephone / fax:
- Contact person, email address:
- (Name of applicant unit) (with official seal)
- (Signature or signature of legal representative or authorized representative)
- (date)
2 Appendix 2: Administrative Measures for the Selection and Employment of Procurement Agents for Loan Grant Projects of the International Finance Organization : Entrusted Agency Contracts (Reference Format)
- Use of International Financial Organization loan grant project procurement service commission agency contract
- Contract No:
- Party A:
- Party B:
- After friendly negotiation, Party A and Party B carried out (using the name of the International Financial Organization) loans and / or grant funds in accordance with the relevant laws and regulations of the Contract Law of the People's Republic of China and the Law of the People's Republic of China on Bidding and Tendering ( Project name) (hereinafter referred to as the project) Entrusting Party B with the procurement services of the contract package included in the construction, reached the following agreement:
- Article 1 General
- 1.1 Party A entrusts Party B as the procurement agency for this project, and Party B agrees to accept Party A's entrustment.
- 1.2 Party B shall conscientiously perform the obligations under this contract in accordance with the principle of good faith and ensure that its agency work complies with Chinese laws and regulations, legal documents related to procurement, and international treaties and practices signed with .
- 1.3 Party B should be based on the principle of good faith and use its professional knowledge and business experience to do a good job in the procurement agency of this project, and effectively protect the legitimate rights and interests of Party A; Party A should use its own technical strength or hire professional technical design The unit has done technical work, actively cooperated with Party B's agency work, and jointly complied with Party B's "Loan Agreement" and / or "Grant Agreement", "Project Agreement" and ( International Financial Organization name) the provisions of the Purchasing Guide or the Guide to Using Consulting Services and related business practices. Party A and Party B shall cooperate closely to ensure the smooth implementation of procurement.
- Article 2 Overview of Entrusted Projects and Content of Entrusted Procurement
- Project name and location:
- Total investment and (name of international financial organization) loan or grant amount:
- Entrusted procurement contract package name, contract estimated amount, procurement method:
- Article 3 Rights and Obligations of Party A
- 3.1 Party A shall be responsible for the authenticity, legality, and implementation of funds of the procurement project. Before the procurement work begins, submit to Party B the approval document (project approval, approval or record file) of the entrusted procurement project, and propose specific procurement tasks and plans to Party B according to the requirements of the project implementation progress. If necessary, go through the registration formalities on the special bidding website designated by the domestic competent authority.
- 3.2 Organize and provide Party B with the technical part of the pre-qualification documents in Chinese and English and / or the bidding documents (including but not limited to the detailed and specific technical requirements of the tender subject, bidder qualification requirements, technical specifications, technical indicators, etc., the same below) and Responsible for the completeness, accuracy, and overall preparation quality of the technical part of the pre-qualification document and / or the bidding document; review the pre-qualification document and / or the summary draft of the bidding document submitted by Party B Responsible for answering (name of the International Financial Organization) and / or domestic authorities on questions related to the technical part of these documents and making corresponding amendments if necessary.
- 3.3 Ten days before the pre-qualification announcement or bidding announcement is released, it is responsible for providing Party B with the materials required for the announcement.
- 3.4 Responsible for answering or clarifying questions raised by the bidder's pre-qualification documents and / or technical aspects of the bidding documents; if necessary, responsible for modifying the technical parts of these documents, and submit the revised documents to Party B (the name of the International Financial Organization) and / or ) Approved by the domestic competent authority, Party B shall notify the bidder in writing of this revised document after receiving formal approval.
- 3.5 Responsible for organizing pre-bid meetings and / or arranging site visits and surveys and answering technical questions raised by bidders.
- 3.6 With the assistance of Party B, select or hire experts to participate in the bid evaluation from the expert database designated by the domestic competent authority or Party B's expert database, and set up a bid evaluation committee in accordance with the law.
- 3.7 Participate in the organization of bid opening. Organize prequalification review and / or bid evaluation, and be responsible for clarification of technical issues involved in prequalification review and / or bid evaluation.
- 3.8 Review the pre-qualification and / or bid evaluation results, and be responsible for preparing the technical part of the Chinese and English pre-qualification review report and / or the bid evaluation report.
- 3.9 If necessary, participate in the review meeting of the prequalification review report and / or the bid evaluation report of the superior supervisory and administrative department that has the authority to review the prequalification review and / or bid evaluation results, and be responsible for introducing the prequalification review and / or Evaluation of bids.
- 3.10 Reply to technical questions raised by (name of international financial organization) and / or domestic authorities on the prequalification review and / or bid evaluation report.
- 3.11 With the assistance of Party B, he is responsible for preparing and presiding over the non-substantive content adjustment and improvement of the contract with the winning bidder within the contract format and contract scope determined in the bidding documents. Determine the content of the procurement contract, and sign a written contract with the successful bidder based on the results of the successful bid.
- 3.12 According to Article 5 of this contract, Party B shall pay agency remuneration.
- Article 4 Rights and Obligations of Party B
- 4.1 Prepare the commercial part of the pre-qualification document and / or the bidding document, and summarize the commercial part and the technical part and submit them to Party A for review. Responsible for submitting pre-qualification documents and / or bidding documents to (name of international financial organization) and / or domestic authorities for approval, answering (name of international financial organization) and / or questions raised by domestic authorities on the commercial part of these documents And make corresponding modifications.
- 4.2 In accordance with (the name of the International Financial Organization) and / or the regulations of the domestic competent authority, draft and publish a pre-qualification announcement or tender announcement on the designated media.
- 4.3 Responsible for printing and selling pre-qualification documents and (or) bidding documents, be responsible for making the "Sales Records" and submit to Party A in time according to Party A's requirements.
- 4.4 If necessary, invite bidders to participate in the pre-bid meeting and / or inspect the site and answer business questions raised by bidders; if necessary, clarify and / or modify the commercial part of the pre-qualification document and / or the bidding document, After reporting to (the name of the International Financial Organization) and / or the domestic competent authority for review and approval, the clarification and / or modification of the document shall be notified to the bidder in writing.
- 4.5 Receive pre-qualification application documents and / or bidding documents and be responsible for making corresponding records.
- 4.6 Responsible for organizing and hosting the bid opening work, and make corresponding records. Submit the bid opening record to (name of the international financial organization) and / or the domestic competent authority for the record according to the requirements of (the name of the international financial organization) and / or the domestic competent authority.
- 4.7 Assist Party A in selecting or hiring bid evaluation experts. Participate in the organization of pre-qualification review and / or bid evaluation, prepare the pre-qualification review report and / or the commercial part of the bid evaluation report, and summarize the technical parts prepared by Party A into a complete pre-qualification review report and / or bid evaluation The report is submitted to the bid evaluation committee or Party A for review. Strict implementation (name of international financial organizations) and the publicity system of bid evaluation results stipulated by domestic authorities.
- 4.8 If necessary, it shall be responsible for notifying the bidder for written clarification during the pre-qualification review and / or bid evaluation process in accordance with the requirements of the review committee or the bid evaluation committee.
- 4.9 If necessary, be responsible for informing bidders to extend the validity of bidding and bid security.
- 4.10 If necessary, participate in the review meeting of the prequalification review report and / or the bid evaluation report by the superior supervisory and administrative department that has the authority to review the prequalification review and / or bid evaluation results. On the premise that Party A confirms the evaluation results and / or bid evaluation results, it is responsible for submitting the pre-qualification evaluation report and / or bid evaluation report (name of the International Financial Organization) and / or domestic authorities for approval.
- 4.11 Responsible for agreeing with Party A and responding to questions raised by (name of international financial organization) and / or domestic authorities on pre-qualification review report and / or bid evaluation report.
- 4.12 According to the evaluation results confirmed by Party A and / or the bid evaluation results, a pre-qualification applicant shall be issued a pre-qualification notice, and the pre-qualified applicants shall be invited to purchase bidding documents; and a successful bidder shall be notified of the bid.
- 4.13 If necessary, be responsible for completing relevant documents such as the establishment of the bidding project, the filing of bidding documents, the publication of bidding announcements, the announcement of bid evaluation results, and assistance to Party A in handling disputes on the special bidding website designated by the domestic competent authority.
- 4.14 Responsible for sorting out the relevant documents in the bidding and evaluation process, and hand over the relevant documents to Party A.
- 4.15 Notify Party A of important issues in the bidding agency work in a timely manner and negotiate with Party A to solve the problem.
- 4.16 According to the provisions of Article 5 of this contract, Party A shall receive agency compensation.
- Article 5 Payment and settlement of agency remuneration
- 5.1 Agency remuneration
- The agency remuneration stipulated in this contract does not include the costs required to handle litigation that may occur during the bidding stage.
- Party A agrees that Party B shall collect agency remuneration according to the agency fee collection method and rate determined in the "Agent Application".
- 5.2 For reasons not attributable to Party B, if this contract is terminated or the entrusted affairs cannot be completed, Party A shall pay Party B the corresponding agency remuneration. The expenses incurred in handling entrusted matters other than the entrusted matters shall be borne by Party A.
- 5.3 For the aforesaid amounts, both parties agree to adopt payment [], cheque [] methods for payment and settlement procedures.
- Article 6 Breach of contract and claims
- If Party A and Party B fail to perform their obligations as stipulated in this contract, they shall bear the liability for breach of contract to the other party in accordance with the law. If one party to the contract causes a loss to the other party due to a breach of contract, the injured party may file a claim with the breaching party.
- Article 7 Disputes that occur during the implementation of this contract shall be settled through friendly negotiation; if the negotiation fails, either party may resort to the people's court for settlement.
- Article 8 Both parties A and B have the obligation to keep confidential the trade secrets of the other party that they learned during the signing and implementation of this contract.
- Article 9 Liaison of important matters under this contract shall be made in writing. Urgent matters can be contacted by phone, but must be confirmed in writing immediately afterwards. If it is necessary to modify or supplement this contract, the two parties must agree and sign a written supplementary agreement as an integral part of this contract.
- Article 10 The original of this contract is in originals. This contract shall take effect after being signed by the authorized representatives of both parties A and B and affixed with the official seal of the two methods, until the date when both parties' rights and obligations under this contract are fulfilled. The termination of this contract does not affect the recovery and liquidation of outstanding debts between Party A and Party B.
- Article 11 If any of the parties A and B changes their names, addresses, bank account, and bank account number, they shall notify the other party in a timely manner.
- Article 12 Information of Party B's project manager and other members of the project team:
- Project manager name: ID number: Contact information:
- Other members' names: ID number: Contact information:
- Party B's replacement of the project manager requires Party A's approval in advance. [1]
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