Lex Mercatoria

www.lexmercatoria.org

www.jus.uio.no/lm

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Detailed Rules for the Implementation of the Methods on Export Quota Bidding with Compensation
(Promulgated by Ministry of Foreign Trade and Economic Cooperation on April 29, 1996)

Chapter 1 - General Provisions

Article 1

Article 2

Article 3

Article 4

Article 5

Chapter 2 - Organization Structure and Rules

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Chapter 3 - The Modes of Bidding and Bidding Qualification

Article 12

Article 13

Article 14

Article 16

Article 17

Chapter 4 - Operational Procedures and Rule

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Chapter 5 - The Transfer and Assignment of Quotas

Article 26

Article 27

Article 28

Article 29

Article 30

Chapter 6 - Export License

Article 31

Article 32

Article 33

Chapter 7 - Penalty Provisions

Article 34

Chapter 8 - Supplementary Provisions

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Appendix

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

China - Detailed Rules for the Implementation of the Methods on Export Quota Bidding with Compensation, 1996

MOFTEC

copy @ Lex Mercatoria

Detailed Rules for the Implementation of the Methods on Export Quota Bidding with Compensation
(Promulgated by Ministry of Foreign Trade and Economic Cooperation on April 29, 1996)

Chapter 4 - Operational Procedures and Rule

Article 22

Rules for tender evaluation

1.Qualified bidding documents shall be decided upon and ascertained as valid bidding documents in accordance with the stipulations provided for in Article 11 and Article 12 of the Bidding Methods and Article 14,Article 15 and Article 16 of the present Detailed Rules.

2.The pricing of bid-winning quotas under public bidding, bidding upon invitation and oriented bidding.

1)Valid bidding prices shall be decided according to the following formula:

Total bidding Value of all the bid-

ding enterprises(Bidding prices

Valid for quotas X bidding amount)

=---------------------------------------X(1+x/y%)

price Total bidding quantity of all

X and Y are variants, which shall be determined by the Bidding Committee based on the situation of the international market, domestic supply and average cost of export and shall be published before the bidding.

The bidding prices within the frame of the valid prices shall be considered as valid bidding prices.

2)Average prices shall be calculated among all the valid bidding prices according to the following formula:

Total bidding Value of all bidding

enterprises (bidding prices

Average for quotas X bidding amount)

=-----------------------------------

price Total bidding quantity of all

bidding enterprises

3)All the bidding enterprise shall be arranged in order from the small number to the big one of the absolute value margin between their bidding prices and the average prices and the total bidding amount shall be accumulated. When the total bidding amount equals to the total tender amount, the enterprises whose bidding amount is included in the total bidding amount shall be the bid-winning enterprises.

The bid-winning prices shall be the bid offer prices of the bid-winning enterprises.

With regard to the determination of the bid-winning enterprises, the bidding enterprises with different bidding prices but with same absolute value margin to the average prices, the enterprises with higher bidding prices shall be given the priority to win the bid. In case their bidding prices are the same, the enterprises with bigger bid offer quantity shall win the bid. In case their bid offer quantities are the same, the enterprises with better export performances are the same, the enterprises which acquired the right to export earlier shall win the bid. If they acquired export right at the same date, both of them shall win the bid.

3.The determination of bidding quantity

The bid-winning quantity of the bid-winning enterprises shall be their bid offer quantity. The bid-winning quantity shall not exceed the bid offer quantity.

When determining the bid-winning enterprises, a minimum bid offer(wining)quantity may be set. If the bid offer quantity of the bidding enterprises is less than the minimum bid offer(winning) quantity, they shall be considered to lose the bid. the minimum bid offer(winning)quantity shall be determined and announced by the Bidding Committee prior to the bidding.

The maximum bid offer quantity for public bidding of the enterprises who had participated in negotiated bidding shall be deducted according to the proportion of the quantity for negotiated bidding in the total bidding quantity in the current year.

4.The bid-winning prices and quantity for negotiated bidding

The bid-winning prices shall be the bid offer prices of the bid-winning enterprises.

The Bidding Committee shall, in reference to the average prices of the bid-winning enterprises for the same public bidding in the present year, determine the tender base prices for negotiated bidding. The enterprises whose bid offer prices are higher than the base prices shall be considered to win the bid.

The bid-winning quantity shall be calculated according to the following formula:

Bid-winning quantity =

Total bidding value of the

bidding enterprise(Bidding prices for

Total bidding quotas X bidding quantity)

quantity * -------------------------------------

Total bidding Value of all bid-

winning enterprises(Bidding prices

for quotas X bidding quantity)

5.The bid-winning quantity of Foreign-funded enterprises shall not exceed the export scale approved by MOFTEC. If their bid-winning quantity is less than their export scale, the bid-winning quotas will be added to meet the approved export scale. In case their bid offer quantity is less than the approved export scale, the quotas will be added to meet their bid offer quantity. The prices of the added quotas will be calculated according to the average prices of the bid-winning enterprise.


  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.

Disclaimer!

© 

Ralph Amissah




Lex Mercatoria