Sichuan Provincial People's Government On The Revision Of The Sichuan Provincial Government Investment Construction Projects Than The Decision Options

Original Language Title: 四川省人民政府关于修改《四川省政府投资工程建设项目比选办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387214.shtml

Sichuan provincial people's Government on the revision of the Sichuan provincial government investment construction projects than the decision options

    (January 21, 2013, Sichuan provincial people's Government, the 120th Executive meeting February 5, 2013 di197-1hao promulgated by the people's Government of Sichuan province as of the date of promulgation) provincial people's Government for decision of the Sichuan provincial government investment construction projects than the options as follows:

    First, modify the second paragraph of article to: "total investment of 30 million Yuan RMB in the preceding paragraph the following projects achieve the following standards, comparison and selection should be carried out in accordance with these regulations:

    (A) individual contracts in RMB 2 million below the estimated price (not including, the same below) at least 500,000 yuan (including, the same below) construction;

    (B) a single contract estimated at 500,000 Yuan RMB 200,000 Yuan or more of the following investigation, design and supervision services; (C) single contract estimated below RMB 1 million more than 300,000 yuan of equipment, materials and goods purchases.

    ” Second, the fifth paragraph is amended as: "the selection in these measures refers to conditions pre-announced by the selection and requirements, volunteered to comparison and selection of applicants, according to the provisions of this approach by comparing, selecting, determines the behavior for selected people.

    ”

    Third, in the fifth paragraph of "nominees" is amended as "selected applicants" Nineth article, 11th, first to second and 13th in the first to second in the fifth paragraph of article "applicant" is amended as "selected applicants". Four, and in 11th article second paragraph "registration approach" Hou increased ", and than selected way" content; will fourth paragraph modified for: "than selected people can determine 2 a or 3 a than selected applicants for than selected was invited people participate in than selected competition, also can prior announced project of fixed-price, from voluntary registration of meet conditions of than selected applicants in the random extraction selected people.

    ”

    Article by deleting 12th, five "selection when the selection, it shall notify the competent government departments, monitoring departments and related departments in charge of industry supervision, relevant departments shall monitor" in the "departments and" content. Six, the 23rd article in the "serious, responsible for investment by the Government to cancel its participation must be within 2 years to 5 years eligibility criteria of the selection of projects and make an announcement until revoked by the industrial and commercial administrative organs in accordance with the license. "Is amended as" serious, and industrial and commercial administrative organs shall revoke its business license.



This decision shall come into force as of the date of.

    

    The Sichuan provincial government investment construction project selection procedures be revised according to this decision, republished.

    Sichuan provincial government investment construction projects than the options 2013 (revised) (January 14, 2006, Sichuan provincial people's Government announced on February 5, 2013, 197th promulgation of the Sichuan provincial people's Government on modifications of the Sichuan provincial government investment construction projects than the decision to amend the options)

    First in order to regulate the selection of Government-invested construction projects activities, protect national interests, social comparison and selection of public interests and the legitimate rights and interests of the parties involved to ensure the project quality, saving investment, equity, efficiency, according to the provisions of relevant State laws and regulations, in Sichuan province, these measures are formulated.

    II selection of Government-invested construction projects shall follow the open, fair and just principles, easy to operate and improve efficiency, saving time and monitoring the effective.

    Article in Government-invested construction projects within the administrative area of Sichuan province, including the construction, survey, design, supervision and construction of important equipment and materials procurement selection and application of this approach.

    Total investment of 30 million Yuan RMB in the preceding paragraph the following projects achieve the following standards, comparison and selection should be carried out in accordance with these regulations:

    (A) individual contracts in RMB 2 million below the estimated price (not including, the same below) at least 500,000 yuan (including, the same below) construction;

    (B) a single contract estimated at 500,000 Yuan RMB 200,000 Yuan or more of the following investigation, design and supervision services; (c) single contract estimated below RMB 1 million more than 300,000 yuan of equipment, materials and goods purchases.

    City (State) Government based on local conditions, this area must be specific criteria for selection, but not narrow the scope of the comparison should be carried out as provided herein.

    Projects subject to tender fourth, two Tender according to law after the failure of investment authority agreed not to tender by the Government shall be determined through the selection of the contractor.

    Article fifth selection in these measures refers to conditions pre-announced by the selection and requirements, volunteered to comparison and selection of applicants, according to the provisions of this approach by comparing, selecting, and selected determines human behavior.

    Comparison and selection of people shall not be unreasonable conditions restrict or preclude potential than the selected applicant, may not discriminate against applicants we compare the potential treatment, not for selection of potential applicants and selection project requirements inconsistent with the high level of qualification requirements and other requirements. Sixth Government-invested construction projects mentioned in these measures refers to all or part of the funds invested or State-financed projects.

    Included:

    (A) project using budget funding at all levels;

    (B) use into the construction of financial management of Government special projects Fund;

    (C) project using state-issued bonds to raise money;

    (D) national projects financed by external borrowing or guarantee;

    (E) another government-invested construction projects identified by provincial people's Government.

    Seventh article selection any units and individuals shall not have to break a project or avoid in any other way than selected.

    No units or individuals may be subject to tender comparison and selection of projects to avoid or in place of the tender.

    Eighth provincial people's Government investment authorities for the selection of Government-invested construction projects within the administrative area of activities guidance and coordination, in conjunction with the relevant administrative departments than the election law.

    The County (city, district) or more investment managers, finance and auditing Department is responsible for the administration of their respective duties, such as monitoring of comparison and selection of investment projects.

    The County (city, district) more than construction, transportation, water conservancy and other related trade authorities in accordance with their respective responsibilities, strengthening the construction of government investment in the industry monitoring of project selection, comparing and selecting the process confidential data comparison and selection, discrimination, exclusion, collusion than the selected applicant, obtain, select, illegal subcontracting or to subcontracting and other illegal activities in the investigation.

    Nineth comparison people are presented in accordance with this regulation comparison and selection of projects, preparation of selection programmes, selection of a legal person or other organization. Options include the selection range, comparing and selecting the level of qualification of the applicant and other requirements, the Division invited comparison of the number of applicants, the proposed contract number of draft plans, project selection, and so on.

    Need to choose to submit a performance bond, should be indicated in the selection programme.

    Shall we compare in the 3rd selection announcement than the alternative investment departments of the Government with a copy to the relevant competent authority.

    Tenth than the selected applicant in response to selection requirements, meet the eligibility conditions under selection announcements and participate in the selection of competing legal persons or other organizations.

    For selection of project investigation, design, supervision, counselling services, as well as any legal entity and any subsidiary bodies which have a equity (units), shall participate in the project's construction, procurement of equipment and materials selection.

    For the same person of the legal representative of two or more legal entities, wholly-owned subsidiaries and its parent company, holding company, be allowed to participate in the same project selection.

    11th must compare selected items, shall be designated by the provincial development and reform in post selection announcements for free on the public media, and the media in electronic data exchange on the network than the selected applicant volunteered. Selection announcement shall include the selection of the name and address of the person, the nature, quantity, location and timing of implementation of items, comparison and selection of applicants ' qualifications, mandatory standards, conditions of participation and enrolment procedures, selection methods and other matters.

    Selection bulletin registration period shall not be less than a minimum of 3 working days.

    Comparison and selection of the applicant qualification certificate selection announcement specified conditions apply.

    Selection one can identify 2 or 3 selection for selection are invited to participate in the selection of the applicant competition can also be announced in advance of the fixed-price, volunteered for selection of eligible applicants were randomly selected people.

    When selection selection of 12th man, it shall notify the competent government departments, relevant departments in charge of industry supervision, the departments concerned shall be present supervision.

    Of comparison and selection of applicants eligible for selection bulletin more than 2 is equal to or less than the number of comparison and selection of invitees in advance, shall we compare selection of invitation to the selection of all the applicants. Meet the conditions prescribed selection announcement selection of comparison and selection of applicants more than a predetermined number of invitees, selection and supervision departments and voluntary selection of applicants under the on-site supervision, according to the predetermined selection of invitees from random selection applicant selection, selection of invitation to the its on the spot.

    Selection selection should be the contents of a project, the characteristics and requirements of written informed selection of invitees.

    13th selection of invitees based on comparison and selection of the characteristics of the project and requested the preparation of implementation plans and made an offer.

    Selection and formation of the jury and selection are invited to negotiate and award.

    Selection of jury made up of people selected the unit on technical, economic, public and other professionals, membership for 3 people, or more than 3 persons singular.

    Selection of units do not have professionals in the preceding paragraph, evaluation experts, should be in the Sichuan province, in the library of evaluation experts randomly filled.

    Any of the following circumstances may not serve as members of the Review Committee:

    (A) the selection of principals and their close relatives of the applicant;

    (B) the project Department or the Administrative Department of personnel;

    (C) economic interests with the comparison and selection of applicants, which may affect the selection of justice review.
Members of the Review Committee of the circumstances prescribed in the preceding paragraph shall be offered to withdraw.

    Do not offer to avoid, once discovered, should immediately terminate their participation in the competition.

    14th awards shall follow the following procedures: (A) develop selection rules.

    Selection rules should be clear selection procedures, negotiation, selection criteria, draft contracts and other matters. (B) selection negotiations. All members of the Committee focused on negotiations with single comparison and selection of applicants, respectively.

    In the negotiations, either party to the negotiations shall not be disclosed and negotiations relating to the selection of other applicants ' technical information, prices and other information. (C) determine the selection of selected applicant. Rating after the Review Committee should require that all participate in the negotiations to final offer selection of applicants within the specified time.

    Selection should be in accordance with the project requirements, quality and service are equal and the principle of reasonable low price compare, choose the select people.

    15th under any of the following circumstances, comparison and selection should be reorganized as provided herein:

    (A) selection of all the applicants do not meet the conditions for selection of bulletin;

    (B) the selection of applicants with less than 2;

    (C) selection of all the applicant's bid higher than the approved budget for investment or investment review. 16th present measures article 15th reorganized according to law than election fails again, investment by the Government Department can no longer be selected.

    No longer than election, determined by the selection of direct contractors, but took part in the selection of competition and meet the conditions prescribed selection announcement selection giving priority to applicants under the same conditions.

    Article 17th selection shall be determined in the 15th after the closure of the list of selected people. Expiration does not determine the selected person, than the selection and the extension should be notice in writing of the reasons for selection of applicants.

    Be extended by a period not later than 15th.

    Notice of selection shall issue to choose, select, select results to comparison and selection of applicants not selected letters.

    Comparison and selection of the applicant and other interested people choose these measures are not in accordance with the process

    Order provisions, should know or should know that their rights are being infringed upon receiving Notice or selected results after the notice of complaint to the relevant supervisory departments in the 3rd.

    Late complaints inadmissible.

    Comparison and selection of 18th man and choose from the select the date the notice is issued after 3rd, 10th, enter into a written contract, shall we compare since the signing of the contract date of the 5th report on the Government investment departments with a copy to the competent authority concerned.

    Selected shall submit a performance bond contract, performance bond shall not exceed the contract amount of 10%.

    19th a mutually signed contract price shall not exceed the approved budget for investment or investment review.

    20th Strip shall, in accordance with the contract obligation, complete the selected project.

    Choose not to transfer selected items, selected items may not be dismembered after the transfer to others. Choose according to the contract, you can select items non-subject, the critical work subcontracted to others. People accepting the subcontracts shall have corresponding qualifications do not have to again.

    Selection shall not be designated subcontractor.

    Choose should be responsible for subcontracting to comparison and selection of people, accepting the subcontracts subcontracting projects bear joint and several liability.

    21st article violates these rules, must select the project rather than optional, would have selected the project piecemeal or by any other means of circumventing the selection, by rectification of government investment authorities, according to circumstances, to a fine of up to 20,000 yuan; you can pause or suspend the allocation of funds for project implementation.

    22nd than selecting one of the following circumstances, by rectification of government investment authorities, may be reprimanded, according to circumstances, to a fine of up to 10,000 Yuan:

    (A) not required post selection announcements;

    (B) not according to record than the alternatives selection;

    (C) the selection is not as peremptory norms;

    (D) is not required select selection of invitees;

    (V) selection fails to give notice of selected.

    Due to the circumstances listed in the preceding paragraph results in an invalid selection, comparison and selection of investments by the Government authorities shall order the comparison and selection of people reorganizing; losses caused to a selected applicant, shall we compare compensation for direct economic losses.

    23rd Strip fails to perform the contract selection, performance bonds are not refundable, to the losses caused by the selection of more than a performance bond, should be compensation for the excess and bear the liability for breach of the serious cases, industrial and commercial administrative organs shall revoke its business license.

    Not to conclude or perform the contract obligations due to force majeure, stipulated in the preceding paragraph shall not apply.

    24th in accordance with this regulation to be submitted for the record material or provide false filing, be ordered by the competent government departments rectify; refuses, to a fine of up to 10,000 yuan.

    25th selection or selection of applicants during the selection process confidential data comparison and selection, discrimination, exclusion, collusion than the selected applicant, obtain, select, illegal subcontracting or to subcontracting, be ordered by the competent departments concerned within a time limit and may be reprimanded in serious cases, to a fine of up to 20,000 yuan.

    Due to the circumstances listed in the preceding paragraph results in an invalid selection, comparison and selection of the relevant competent authority shall order people to reorganize than elections; losses caused to a selected applicant, shall we compare compensation for direct economic losses.

    26th article violates this regulation units engaged in comparison, by the competent authority directly responsible for the personnel and others directly responsible shall be given administrative sanctions, in serious cases, restrict or prohibit their participation in selection activities constitute a crime, criminal responsibility shall be investigated according to law.

    27th by the Department of industry Act than selection for comparison and selection of Government-invested construction projects, investments by the Government Department leaked confidential information, the process of comparing and selecting the collusion than selected comparison and selection applicants, cheating, discrimination, exclusion, select, and illegal activities such as illegal subcontracting or to subcontracting in the investigation.

    28th government investment authorities to accept complaints or violations when we compare the investigation and suspended project implementation can be tailored to specific circumstances.

    Relevant administrative authorities shall accept complaints or violations when we compare the investigation, shall promptly notify the competent government departments, government authorities suspended project implementation can be tailored to specific circumstances.

    Article 29th of any units or individuals illegally intervene in the selection process or the result, by the duly empowered authorities shall order rectification according to the seriousness of head of unit and other personnel administrative action.

    On supervision of Department personnel who abuse their powers, neglect their duties or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Supervisory organs should strengthen their participation in selected activities of the organs of other personnel appointed by State administrative organs, Government functionaries, and the implementation of administrative supervision. Not satisfied with the 30th selection on an administrative punishment, may apply for administrative reconsideration or bring an administrative suit.

    Fails to apply for reconsideration or bring a lawsuit, nor performs the decision of administrative penalty, made the decision on administrative penalty authority apply to the people's Court for compulsory execution.

    31st for delegation of government investment project bidding needs determined by the selection of construction project tendering Agency, should be the principles laid down in accordance with the measures implemented. 32nd article this Regulation shall carry out selection project, city (State) Government considers it necessary for bidding, you can decide to tender.

    Relevant administrative departments should be strictly in accordance with the People's Republic of China bidding law of Sichuan province and the national investment construction project tendering and bidding regulations and other legal provisions, regulations, project supervision and management of the press must be tendered.

    National investment of non-government investment construction projects, city (State) Government in accordance with the measures implemented.

    33rd International financial organizations or foreign government loans, aid projects, loans and funding parties special provisions, to apply its provisions, but contrary to People's Republic of China except for the public interest.

    Article 34th selection size under Government-invested construction projects can be competitive in reference to government procurement negotiations determined, single source purchasing, quotation and other contractors, counties (cities and districts)-above people's Government investment authorities, relevant departments in charge of industry as well as the financial, auditing departments should, in accordance with their respective responsibilities to strengthen supervision and management. 35th article of the rules take effect on February 15, 2006.