foreign aid project management institutions shall organize, supervise and manage the implementation of technical assistance projects in accordance with the provisions of these Measures, and accept the supervision and inspection of the Ministry of Commerce. Article 5 The economic and commercial institutions of embassies and consulates in recipient countries shall assist the Ministry of Commerce in handling intergovernmental affairs related to technical assistance projects and be responsible for overseas supervision and management of the implementation of technical assistance projects. Article 6 The competent commercial departments at the provincial level shall assist the Ministry of Commerce in handling the management of foreign technical assistance. Chapter II Project Procurement Management Article 7 The project management organization shall select the technical assistance project implementation unit in accordance with the provisions on foreign aid project procurement within the scope of foreign aid project implementation enterprises recognized by the Ministry of Commerce.
the Ministry of commerce can select the implementation unit of foreign technical assistance projects according to the national regional development policy.
the successful technical assistance project implementation unit implements the enterprise contract responsibility system for the technical assistance project tasks undertaken. Article 8 The technical reliability, maturity and economic rationality of the technical assistance scheme are the main selection criteria for the procurement of technical assistance projects.
technical assistance scheme refers to the elements integration mode, technical realization means and standards, planning, paths and procedures to achieve technical assistance objectives, etc. according to the requirements of the feasibility study report and project proposal of technical assistance projects. Among them, technical assistance elements mainly include human resources development, intellectual support, technical service and transfer, management cooperation, provision of materials and equipment, and provision of engineering services.
for technical assistance projects with simple and clear technical realization paths, the project management organization can determine a unified technical assistance plan in the procurement procedure, and select the implementation unit according to the responsiveness and economic rationality of the plan; For technical assistance projects with multiple paths to achieve the same technical goal, the project management institution shall select the technical assistance scheme and implementation unit according to law in the procurement procedure. Article 9 For technical assistance projects with complicated contents or special safety requirements, where two or more technical qualifications are required, the units that meet all technical qualifications of the main items may bid separately, or the tendering units may form a consortium to bid. The parties to the consortium shall not form a consortium to participate in the bidding alone or with other bidding units.
the lead unit of the consortium shall have the qualification of technical assistance project implementation unit. After winning the bid, all parties in the consortium shall sign a project implementation contract with the project management institution and bear joint legal liabilities. Article 1 According to the requirements of project establishment or the actual situation of implementation management, if a technical assistance project involves materials provided by a sole supplier or patented and proprietary technical services provided by a sole service unit, the project management institution shall, in accordance with the procurement regulations for foreign aid projects, negotiate the purchase price and conditions with the corresponding material or service provider in advance, and include them in the project bidding documents, and supervise the corresponding material or service provider to implement the agreed purchase price and conditions to all bidding units.
the successful technical assistance project implementation unit shall sign an internal subcontract with the sole supplier and the patent or proprietary technical service provider according to the agreed purchase price and conditions listed in the tender documents, and include the progress, quality, safety and investment control of the subcontracted materials or service tasks into the scope of technical assistance general contracting responsibility. Article 11 The project management agency, on behalf of the Ministry of Commerce, issues a notification letter of implementation tasks to the successful technical assistance project implementation unit.
the technical assistance project implementation unit shall handle the entry and exit of technical assistance personnel and the inspection and customs clearance of equipment and materials with the implementation task notification letter. Twelfth the winning bidder shall not subcontract the tasks within the scope of contract responsibility, nor shall it subcontract or decompose the key or subjective tasks within the scope of contract responsibility into several parts.
if the winning bidder subcontracts non-critical or non-subjective tasks that cannot be covered by its technical qualifications to other professional technical units, the subcontracting contents, the selection of subcontracting units and the subcontracting amount shall be specified in the tender of technical assistance projects, examined and approved as the conditions for winning the bid, and written into the contract.
once the subcontracting method is determined, it shall not be changed. The winning bidder shall sign the subcontract according to the subcontracting method specified in the bidding documents and report it to the project management agency for the record. If it is really necessary to change or add subcontracting, it shall be handled in accordance with the procedures for changing the contract. Thirteenth compliance subcontracting does not exclude any obligation within the scope of contracting responsibility of the technical assistance project implementation unit. Chapter III Project Management Procedures Article 14 The Ministry of Commerce is responsible for examining and approving the feasibility study report and project proposal of technical assistance projects, and handling the project establishment.
after the establishment of the project, the project management organization shall organize the implementation and management of the project within the scope of the intergovernmental establishment agreement and the feasibility study report and proposal approved by the Ministry of Commerce.