In order to support the equal participation of the first major technical equipment in enterprise bidding activities and promote the promotion and application of the first major technical equipment, in accordance with relevant laws, regulations, and policy documents such as the Tendering and Bidding Law, the Ministry of Industry and Information Technology, the National Development and Reform Commission, and the State owned Assets Supervision and Administration Commission of the State Council recently jointly issued the Guiding Opinions on Supporting the Equal Participation of the First Major Technical Equipment in Enterprise Bidding Activities, proposing 10 opinions from three aspects: standardizing bidding requirements, clarifying evaluation principles, and strengthening supervision and inspection.


Guiding Opinions on Supporting Equal Participation in Enterprise Tendering and Bidding Activities for the First (Set) Major Technical Equipment

Ministry of Industry and Information Technology Lianzhong Zhuang [2023] No. 127


All provinces, autonomous regions, municipalities directly under the central government, cities specifically designated in the state plan, industrial and information technology, development and reform authorities of Xinjiang Production and Construction Corps, State owned Assets Supervision and Administration Commission, central enterprises, and relevant units:

In order to support the equal participation of the first major technical equipment in enterprise bidding activities and promote the promotion and application of the first major technical equipment, in accordance with relevant laws, regulations, and policy documents such as the Tendering and Bidding Law, the following opinions are hereby proposed.

1、 Standardize bidding requirements

（1） For enterprise projects in which state-owned funds hold a controlling or dominant position, if the first set of major technical equipment of the same type is tendered, this opinion shall apply. The first set of major technical equipment referred to in this opinion must comply with the equipment and main parameters listed in the Catalogue of Major Technical Equipment Promotion and Application (hereinafter referred to as the Catalogue of Promotion and Application). The promotion application directory can be searched on the China Tendering and Bidding Public Service Platform, Provincial Tendering and Bidding Public Service Platform, and Major Technical Equipment Tendering and Bidding Information Platform.

（2） Tendering and bidding activities must strictly comply with bidding laws, regulations, and relevant policy documents. It is not allowed to require or indicate specific production suppliers, apply the conditions of specific production suppliers to set bidder qualifications, technical, and business conditions, or indirectly set unreasonable or discriminatory conditions to restrict or exclude the participation of the first major technical equipment manufacturing enterprise in bidding.

（3） The bidding activities shall not exceed the actual needs of the bidding project or apply specific product technical parameters. It is encouraged to conduct in-depth demand research through market research, expert consultation and argumentation, and form demand research reports. When bidding for the first major technical equipment of the same type, the bidding documents should disclose the main parameter indicators involved in the promotion and application catalog, and propose technical conditions according to the specific characteristics and actual needs of the bidding project. The main parameters in the promotion and application catalog can be referenced.

（4） For the first major technical equipment that has been insured, a quality guarantee deposit is generally not charged.

2、 Clarify the evaluation principles

（5） The first major technical equipment (set) participating in the bidding activity only needs to submit relevant certification materials for the first set, which is considered to meet the requirements of market share, application performance, etc. The evaluation method should be conducive to promoting the promotion and application of the first (set) major technical equipment, and shall not set discriminatory evaluation standards in terms of market share, application performance, etc.

（6） The evaluation method should specify that major technical equipment shall not be remotely controlled overseas, and personal information and important data collected and generated during operation within China shall be stored within China. For those who do not comply with relevant national security laws and regulations such as the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law, their bids shall be rejected after being determined by the evaluation committee.

（7） The evaluation method should implement requirements such as supporting major technological equipment research and innovation, promoting green, low-carbon and circular development, and maintaining the security and stability of the industrial and supply chains. Technical innovation, resource and energy utilization efficiency, after-sales service, follow-up supply, and performance ability in special or emergency situations should be included in the evaluation indicators.

3、 Strengthen supervision and inspection

（8） The industrial and information technology authorities, in conjunction with relevant departments and provincial-level industrial and information technology authorities, fully utilize existing inspection teams and resources to supervise and inspect major technical equipment bidding activities through methods such as "double random and one open". Encourage obtaining necessary support services through government procurement of services.

（9） The industrial and information technology regulatory departments at all levels should strengthen communication, coordination, and cooperation with departments such as bidding and tendering administrative supervision, disciplinary inspection and supervision, finance and taxation, and state-owned asset supervision and management. Establish a joint handling, supervision and supervision mechanism for the first major technical equipment to participate in bidding and tendering, and strictly investigate and punish illegal and irregular behaviors in accordance with the law.

（10） Open a window for soliciting clues and suggestions on issues that hinder the construction of a unified national market in the field of bidding for the first major technical equipment (set), open up channels for feedback from market entities, and collect negative behaviors in bidding for the first major technical equipment (set). The list of negative behaviors and other information will be published on major technical equipment public service platforms and major technical equipment bidding information platforms.