Central Investment Projects Tender Agency Qualification Management

Original Language Title: 中央投资项目招标代理资格管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371812.shtml

Central investment projects tender agency qualification management

    (13th of March 2, 2012, the national development and Reform Commission announced April 2, 2012) Chapter I General provisions

    First to raise the investment benefits, strengthen the supervision of Central Government investment project bidding agency management, and standardizing tendering agent behavior, improve the quality of tendering agent to prevent corruption, according to the People's Republic of China bidding law and the People's Republic of China implementation of the tendering and bidding Law Ordinance, decisions on investment system reform of the State Council and relevant laws and regulations, these measures are formulated.

    Article in the People's Republic of China territory central tendering agency investment projects tender agency business, should be in accordance with this approach to qualification and management.

    Using the tender any of Central investment projects, should be entrusted to qualified Central investment projects tender Agency to carry out the tender.

    Central investment projects in these measures in article, refers to the use of the central budget for investment, special construction funds, Commission by international financial organizations and foreign government loans and other Central Government investment in fixed assets investment projects.

    Central investment projects that use national sovereign debt funds, loans from international financial institutions or Government project bidding with the provisions of the procurement, its provisions can be applied, without prejudice to national interests and public interests.

    The fourth procuratorial tender business in these measures refers to commissioned by the tenderer, Central Government investment project bidding, professional project management, tendering and bidding in government investment unit of the planning, as well as surveys, feasibility studies, project design, equipment, materials, construction, supervision, insurance and other aspects of the procuratorial tender business. Fifth national development and Reform Commission is the Central investment projects tender agency eligibility row.

    Administration Department, according to the bidding law and related laws and regulations, and bidding qualification and oversight of agency management.

    Provincial development and reform commissions are responsible for engaging in bidding activities in the administrative area of Central investment projects tendering Agency's daily management and supervision and inspection.

    Sixth article in accordance with the Government procurement law of government procurement of goods and services tendering procurement agencies, these procedures do not apply.

    Central investment projects of mechanical and electrical products in international tendering business, must also have the appropriate qualification of electromechanical products to international tender Agency.

    Chapter II accreditation

    Seventh Central investment projects tender agency qualifications are divided into class a, class b and reserve levels.

    Grade a tendering agency may engage in all of Central investment projects tender agency business.

    B a procuratorial agency can engage with a total investment of 500 million Yuan and below the Central investment projects tender agency business.

    Preparatory-level procuratorial agency can engage with a total investment of 200 million Yuan and below the Central investment projects tender agency business.

    Eighth Central investment projects tender Agency shall satisfy the following conditions:

    (A) the social intermediary organizations established according to law, an independent enterprise legal person;

    (B) no subordinate relations with administrative organs and other State bodies or other interests;

    (C) a fixed place of business, with Central Office requirements for investment projects tender Agency operations;

    (D) have a sound organizational structure and the internal management system;

    (E) the preparation of tender documents and organizing bid evaluation expertise;

    (Vi) a certain amount of evaluation experts;

    (G) institutions do not have in the past 3 years for breaching the bidding law, the Government Procurement Act and related regulations, subject to the relevant administrative departments the suspension, demotion or disqualification penalty;

    (H) within the last 3 years organs not subject to criminal penalties;

    (IX) other conditions stipulated by the national development and Reform Commission.

    Nineth grade a central tendering Agency for investment projects in addition to these measures the eighth provision conditions, shall meet the following conditions:

    (A) the registered capital of not less than 10 million Yuan; (B) tender employing at least 60 people.

    Among them, not less than 50% with intermediate and above title, has registered bid Division of not less than 30%;

    (C) the evaluation database of over 800 experts;

    (D) in the procuratorial tender business more than 5 years;

    (E) within the last 3 years I've bid amount is 50 million Yuan more than the tender agent number of projects in more than 60, or total bid amount above 6 billion yuan.

    Tenth grade b central tendering Agency for investment projects in addition to these measures the eighth provision conditions, shall meet the following conditions:

    (A) the registered capital of not less than 5 million Yuan; (B) tender employing no fewer than 30 people.

    Among them, not less than 50% with intermediate and above title, has registered bid Division of not less than 30%;

    (C) the evaluation database of over 500 experts;

    (Iv) tendering agency business for more than 3 years;

    (E) within the last 3 years I've bid amount is 30 million Yuan over the bidding agent number of projects in more than 30, or the total bid amount at more than 3 billion yuan.

    11th preparatory-level central tendering Agency for investment projects in addition to these measures the eighth provision conditions, shall meet the following conditions:

    (A) the registered capital of not less than 3 million Yuan; (B) tender employing less than 15 people.

    Among them, not less than 50% with intermediate and above title, has registered bid Division of not less than 30%;

    (C) the evaluation database of over 300 experts. 12th regularly conducted by the State development and Reform Commission of the Central investment projects tender agency qualification.

    Relevant qualification of notice, requirements and application material formatted text will be two months in advance at the national development and Reform Commission website to be published, so that the applicant prepare application materials.

    13th institutions eligible for Central investment projects tender Agency, shall be required to submit the following materials:

    (A) application for Central investment projects tender agency qualification;

    (B) the copy of the business license copy;

    (C) the articles of Association;

    (D) corporate settings;

    (E) the enterprise's basic situation;

    (F) the tender agent performance certificates;

    (VII) evaluation expert library staff;

    (H) place of supporting documents;

    (IX) other documents requested in accordance with law.

    Article 14th Central investment projects tender agency eligible institutions shall submit the application materials, responsibility for the authenticity, accuracy and completeness of the application materials.

    If necessary, the national development and Reform Commission or a provincial development and reform can gather relevant material master, field surveys or consultation to the Department to verify the authenticity of the application materials, including that the applicant should be compatible with. 15th state development and Reform Commission experts verified the eligibility review application materials, and at the national development and Reform Commission website will review results to the public.

    Publicity without dissent, approved by the national development and Reform Commission, and issuing qualified certificates within 10 working days.

    Was eligible for Central investment projects tender agency list of institutions by the national development and Reform Commission Web sites and industry association Web sites to the public.

    16th Central investment projects tender agency qualification includes the original and the copy, and duplicate copies of the same legal effect.

    Organizations receiving the Central Government investment project bidding agent qualifications, certificate of qualification shall be required to provide the necessary data and information, and to obtain a qualification certificate on time; on request to provide relevant data and information, or failing to obtain a certificate of eligibility, according to automatically give up treatment. 17th Central investment projects tender agency certificate is valid for 5 years. Bid invitation agencies qualification certificate expiry, needs continuity, 60 working days before the expiry of validity of the certificate should be submitted to the national development and Reform Commission eligibility renewal application.

    Continued the eligibility criteria in accordance with stipulations with abandon, and expire automatically after the expiry date of the certificate.

    National development and Reform Commission, under the conditions of eligibility as provided herein extend review application materials, qualified to extend qualified and reissue certificate; does not meet the criteria, be demoted or disqualification. 18th regularly conducted by the State development and Reform Commission of the Central investment projects tender agency qualification assessment. Eligibility for the Serie b for 2 years after 1 year, preparatory-level qualification, in line with conditions of high level, according to provisions of the upgrade application.

    Preparatory-level procuratorial agency unable to leapfrog the request class-a qualification.

    19th Central investment projects tender agency eligibility the eligibility application, qualification and eligibility for continuation of application materials should be submitted to the Agency registered seat of the provincial development and reform Department at first instance.

    Provincial development and reform Department upon receipt of the application materials should be in accordance with the relevant provisions of the review, and hired experts to review it or go on field trips, and the preliminary review opinions submitted to the State development and Reform Commission.

    Chapter III supervision and management

    20th Central investment projects tender agency should strictly enforce the tender bidding, investment management and other related regulations, and consciously accept the supervision of Government and society to protect national interests, public interests, and protect legal rights of tendering party, bear the obligation of confidentiality.

    21st central tendering Agency for investment projects shall not lend, lease, transfer, alter certificate shall not go beyond the scope of this regulation in the Central investment projects tender agency business.

    22nd Central investment projects tender agency self-inspection system should be established to ensure validity of the qualification certificate always meets the required qualifications.

    National development and Reform Commission to undertake regular or regular inspections, checks and other means, of Central investment projects tendering agency eligibility conditions of supervision and inspection. 23rd provincial development and reform to engaging in bidding activities in the administrative area of all Central investment projects tender agency conducting supervision and inspection, and supervision and inspection to be documented.

    Violations were found during the inspection process, and should be dealt with according to law or treatment recommendations to the relevant regulatory authorities. 24th central tendering agency changes name, registration and legal representatives, shall, within the 30 working days after such changes, change certificate application to the national development and Reform Commission.

    Reviewed in accordance with the conditions and corresponding changes to the qualification. The 25th Central investment projects tender Agency Division, major changes such as mergers, acquisitions, restructuring, transfer, completion of the change should be in the relevant qualification to the national development and Reform Commission within 30 working days to confirm application.

    No qualification revalidation applications submitted, according to automatically give up treatment. Organizations institutions of the national development and Reform Commission on changes, personnel changes and other conditions for approval.

    Subject to appropriate conditions, granted qualification does not meet the relevant conditions be demotion or disqualification. Central tendering Agency for investment projects due to dissolution, bankruptcy or other termination of Central investment projects tender agency business shall occur within 30 working days from the date returned to the credentials, and the cancellation procedure.

    Should help to make the work of provincial development and reform Department.

    26th central tendering Agency for investment projects in the Central investment projects tender agency business, should be at the end of bidding, issued within 15 working days of the notification, in accordance with the relevant requirements to the national development and Reform Commission and submitted to the Central Government investment project bidding.

    Report of the national development and Reform Commission, according to the project bids, the tender spot. 27th the State development and Reform Commission and the Organization of expert committees, the central tendering Agency for annual qualification examination of investment projects.

    A procuratorial Agency shall, before February 28 of each year, following annual inspection of materials submitted to the State development and Reform Commission:

    (A) the annual reports and the organ changes;

    (B) annual changes in bidding in China;

    (C) bidding report;

    (D) implementation of the system of tendering and bidding, investment management and other relevant provisions;

    (E) penalty and questioning and complaints;

    (F) the tender results, and so on.

    28th under any of the following circumstances, annual check failed:

    (A) class a tender bid results for the year less than 1 billion yuan;

    (B) class b tender bidding results for the year less than 500 million Yuan;

    (C) the preparatory-level tender bidding results for the year less than 200 million Yuan;

    (D) failing to submit compliance inspection materials;

    (E) failed to submit bids in China changes or tender in China do not meet requirements;

    (F) violation of Central investment projects tender agency regulatory requirements pertaining to:

    (G) the violation exists in the tender agent activity, by warning and above punishment of the authorities. 29th last year failed to pass the inspection body, shall not apply for upgrade this year.

    For 2 consecutive years fail to pass the annual inspection agencies, be downgraded until the disqualification. Article 30th the Central certificate of the qualification of tendering agencies of investment projects change, qualification revalidation and testing application materials should be submitted to the Agency registered seat of the provincial development and reform Department at first instance.

    Provincial development and reform should be carried out in accordance with the relevant provisions of the application materials review and preliminary review opinions, submitted to the State development and Reform Commission.

    The fourth chapter legal liability The 31st state, provincial development and reform commissions and illegal implementation of staff qualification and regulatory acts shall be ordered to correct serious cases, managers and other responsible persons directly responsible shall be given sanctions.

    Constitute a crime, shall be investigated for criminal responsibility by judicial organs.

    The 32nd Central investment projects tender agency loaned, leased, transferred, altered certificates, or beyond the scope of this regulation in the Central investment projects tender agency business, depending on the seriousness of the suspension, demotion or disqualification penalties.

    33rd central tendering Agency for investment projects eligible for fraud in the process, once discovered, censors shall be inadmissible or no qualification, continue, and given a warning within 3 years no longer accepts an application for the qualification of the institution.

    Through trickery obtained the Central investment projects tender agency qualification, shall be revoked, 3 years no longer accepts an application for the qualification of the institution.

    34th central tendering Agency for investment projects tender agency activities in any of the following acts, depending on the seriousness of, and shall be given a warning, a fine, suspension, demotion until the administrative penalty of disqualification case constitutes a crime, the judicial organs shall investigate the criminal liability:

    (A) disclose confidential information relevant to the procuratorial tender business and information;

    (B) the tenderer, bidder collusion damages State interests and public interests or the legitimate rights and interests of others;

    (C) the bidder's bid price, bid to negotiate the substantive content of the programme;

    (D) amending the tender documents, tender offer, bid notices

    (V) publish a tender notice on the media that is not specified by law;

    (Vi) or prequalification documents available for sale at the time the tender documents do not conform to the requirements;

    (VII) bid evaluation committees and expert structure does not comply with the relevant requirements;

    (H) the number of bidders does not meet the statutory requirements are not new;

    (IX) to unreasonable conditions restrict or preclude potential bidders, for potential bidders to discriminate or limit competition among bidders;

    (J) other violations of laws and regulations and the relevant provisions of the Act.

    The preceding paragraph (a), (b), (c), (d) listed in influencing the results of the bid, the bid invalid.

    Results will be published on administrative punishments, and serve as an important basis for credit assessment.

    The fifth chapter supplementary articles 35th article of the approach by the national development and Reform Commission is responsible for the interpretation.

    Provincial development and reform commissions in accordance with these measures, formulate implementing rules. The 36th article of the approaches implemented since the 30th, after the date of its publication. The central management of qualification of tendering agencies of investment projects (national development and Reform Commission, 36th) repealed simultaneously.