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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

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Decision of the Government of the Sichuan Province on the revision of the Government's investment construction project

(Adopted by the Government of the Sichuan Province, No. 197-1 of 5 February 2013)

The Government of the province has decided to amend the Sichuan Province Government's investment construction project to the following options:

Amending article 3, paragraph 2, as follows: “The total amount of investment provided in the previous paragraph is reaching the following criteria in the capital currency of 300,000 dollars and shall be selected in accordance with the provisions of this approach:

(i) The construction of a single contract estimated price of up to 2 million yen currencies (non-concluding, below the same level) of over 500,000 people's currency (concluded, below the same);

(ii) A single contract estimate of more than 500,000 yen national currencies for investigation, design and treasury services;

(iii) A single contract price for the procurement of goods, such as equipment, materials, etc., that are more than 30,000 yen currencies in the US$ 1 million.

Article 5, paragraph 1, was amended to read: “The difference referred to in this approach is a reference to the conditions and requirements of the pre-selected person, which are determined by comparison, selection and selection in the manner specified in this approach by the selection of the successful candidate”.

iii. Amend the term “election” in article 5, paragraph 2, to “requent candidates” in article 9, paragraph 2, article 11, paragraphs I, II and article 13, paragraphs I, II, as “requestees”” as “referred candidates”.

The addition of the phrase “and the alternative” after article 11, paragraph 2, after the presentation of the name; the modification of paragraph 4 to read: “The selection of two or three candidates may be determined by the selection of candidates for competitive selection, or may be made available in advance for the publication of the fixed price of the project from the eligible candidates for the voluntary submission.”

V. Deleting Article 12, paragraph 1, “A comparison of selection”, should be communicated to the Government's investment authorities, the inspection department and the relevant industry authorities to the field supervision, and the relevant authorities should come to the field supervision”.

Article 23, paragraph 1, is “serious, and the Government's investment authorities have removed the eligibility of their applications to participate in the vetting project within two to five years, until a licence of business is revoked by law by the business administration”. The amendment reads as “serious circumstances and the suspension of business licences by the business administration by law”.

This decision is implemented since the date of publication.

The Sichuan Government's investment engineering project is re-published in accordance with this decision.

Annex: Biichuan Government investment construction project (Amendments of 2013) (No. 197 of 14 January 2006 No. 197 of the Order of the People's Government of the Sichuan Province, issued on 5 February 2013, the Decision of the Government of the Sichuan Province on amending the Investment Construction Project for the Government of the Sichuan Province was amended)

Article 1 ensures the quality of the project, saves investment, improves efficiency and develops this approach in line with national legislation, legislation and regulations.

The second Government's investment construction project should be guided by the principles of openness, equity and justice and should be simple, efficient, cost-effective and effective.

Article 3 applies to the Government investment engineering projects in the administrative regions of Sichuan Province, including the project construction, survey, design, treasury and the acquisition of important equipment, materials, such as engineering construction.

The total amount of investment provided in the previous paragraph reached the following criteria in the following US$ 300,000 yen currency, which should be selected on the basis of the provisions of the scheme:

(i) The construction of a single contract estimated price of up to 2 million yen currencies (non-concluding, below the same level) of over 500,000 people's currency (concluded, below the same);

(ii) A single contract estimate of more than 500,000 yen national currencies for investigation, design and treasury services;

(iii) A single contract price for the procurement of goods, such as equipment, materials, etc., that are more than 30,000 yen currencies in the US$ 1 million.

The Government of the city (State) can set specific criteria for the region to be selected on the basis of local realities, but it must not narrow the scope of the scheme.

Article IV must carry out tendering projects and, after the failure of two tenders by law, with the consent of the Government's investment authorities to discontinue tenders, the contractor should be identified through a selection.

Article 5 refers to the comparative selection referred to in this approach to the determination of the conduct of the electorate by comparing, selecting and selecting, in a manner prescribed by this approach, of the conditions and requirements of the pre-selected person in advance.

The selection may not be subject to unreasonable conditions restricting or excluding potential candidates, without discrimination against potential candidates than the candidates selected, and may not require excessive qualifications and other requirements for potential candidates than the actual requirements of the selection project.

Article 6. Government investment construction projects referred to in this approach refer to projects that use financial investment or national financing in all or part. Includes:

(i) The use of financial budget funds at all levels;

(ii) The use of various government-specific construction funds included in financial management;

(iii) The use of a national project for issuing bonds;

(iv) The use of national foreign borrowing or security-funded projects;

(v) Other government investment construction projects identified by the Provincial Government.

No unit or individual may be required to make a difference in the selection of a project or to circumvent it by any other means.

No unit or individual shall be allowed to circumvent or replace tenders by means of a selection.

Article 8

The above-mentioned investment manager, finance, auditing and other sectors are responsible for monitoring the Government's investment engineering construction projects on the basis of their respective responsibilities.

The relevant industry authorities (markets, areas) above, transport, water, etc. have strengthened the supervision of the Government's investment in construction projects in the industry on the basis of their respective responsibilities, to disclose confidential information, collusion, exclusion of discrimination against candidates, deception, transfer of legal kits or subcontracting activities.

Article 9 is a legal person or other organization that conducts a comparable choice, in accordance with the provisions of this approach, for the formulation of a comparative selection project.

The selection programme includes requirements such as the scope of the selection, the level of qualifications of the candidates selected, the number of applicants invited to be chosen, the number of contracts to be divided, and the draft project selection plan. The successful candidates are required to submit the performance bonds, which should be noted in the selection programme.

The selection shall be issued in a separate announcement 3 to be submitted to the Government's investment authorities for a request and to accompany the relevant industry authorities.

Article 10 is a legal person or other organization that responds to the selection requirement, meets the qualifications set out in the selection notice and participates in a competitive choice.

No legal person or any other subsidiary body(s) that provides a survey, design, treasury, advisory services and a unit of authority may participate in the project's construction, equipment and material procurement.

The statutory representative is two and more legal persons of the same individual, and parent companies, full-time companies and their control units shall not be allowed to participate in the same project at the same time.

Article 11 must be a project that is comparable and should be issued free of charge in the public media designated by the provincial development reform sector, while the media are publicly represented as a voluntary candidate for the electronic data exchange network.

More than elective announcements should contain the name and address of the selected person, the nature, number, place of implementation and time of the project, the qualifications of the candidate, such as the mandatory criteria, and the manner in which the name should be presented, and the manner in which it is chosen. A minimum of three working days may not be allowed to be given less than the time required by the optional notice.

The name is given to the conditions set out in the selection announcement, such as the selection of the applicant's certificate of qualifications.

The selectioner may determine two or three candidates for a comparable selection, or the fixed price for the project may be published in advance, from the eligible candidates for the voluntary post.

Article 12. When comparing the selection, the Government's investment authorities, the relevant industry authorities should be informed of the field supervision, and the authorities concerned should come to the floor.

More than two candidates who meet the conditions set out in the above-selected announcement are equal or less than the number of invited candidates identified in advance, and the number of candidates shall be extended to all candidates.

The number of candidates eligible for a higher than the predetermined number of invited candidates, which are determined in advance by the number of invitations from the candidates for which they are chosen, is determined by the number of candidates who are invited to choose from the same time as the candidates for the selection. The candidates should communicate the content, characteristics and requirements of the selection project in writing to the invited.

Article 13 is invited to prepare implementation programmes and offer offers based on the characteristics and requirements of the selection project.

The evaluation committee, which was formed by a different candidate, was negotiated and evaluated with the lesson.

The Evaluation Committee consists of professionals in the areas of technology, economy, tendering and membership of three or more.

The selection cell does not have the professional talent provided in the previous paragraph and should be supplemented by an exploratory expert in the Sichuan province.

One of the following cases shall not serve as members of the Evaluation Committee:

(i) Be compared to the principal head of the candidate and his close relatives;

(ii) Personnel of project authorities or administrative authorities;

(iii) The economic interest of the selection applicant may affect a fair evaluation than the selection.

The members of the Evaluation Committee have one of the pre-defined circumstances to offer their own resistance.

Without the initiative of avoiding, it has been found that its participation should be terminated immediately.

Article 14.

(i) The development of a reference rule. The selection rules should clarify matters such as the selection process, the content of negotiations, the evaluation criteria and the draft contract.

(ii) Be selected. All members of the Evaluation Committee are concentrated in negotiations with single-selected applicants. In the negotiations, any party to the negotiations shall not disclose technical information, prices and other information relevant to the negotiations.

(iii) Identify the successful candidates. Upon the conclusion of the evaluation, the Evaluation Committee shall require all candidates who participate in the negotiations to undertake final offers within the specified time frame. The electorate shall determine the selection by comparing, selecting and determining the successful candidates in accordance with the principle of equal quality and service of the project.

Article 15 has one of the following cases and should be re-elected according to this approach:

(i) All candidates who are selected are not in accordance with the conditions set out in the selection notice;

(ii) Less than two candidates for election;

(iii) All bidders are higher than the approved estimates or evaluated budget investments.

Article 16, in line with article 15 of this approach, provides for the re-organization of a relapse by law, which may no longer be selected after the consent of the Government's investment authorities. The selection is no longer more than the selection of the contractor directly, but the selection of the contractor is given priority under the same conditions in the same conditions as the selection of the candidate for a competitive selection and in accordance with the conditions set out in the selection notice.

Article 17 shall determine the selection of the candidate within 15 days of the date of the submission.

The selection of the electorate has not been determined at the end of the period, and the candidates shall be informed in writing on the reasons for the extension. The extension period should not exceed 15 days.

The selection shall be given to the successful selection and shall issue the notice of the successful outcome to the unselected candidates.

The selection of candidates and other stakeholders considered that the activities were not in accordance with the scheme

The order stipulates that their rights should be known or should be known to be infringed, and in receipt

Complaints were made to the supervisory authorities within three days of the letter of selection or the letter of the successful outcome. The late complaint is inadmissible.

Article 18 shall enter into a written contract within three days of the date of the issuance of the successful letter of credit, 10 days after the date of the signing of the contract, which shall be submitted to the Government's investment authorities on a 5-day basis of the date of the signing of the contract and reproduced the relevant industry authorities.

The successful party to the contract agreement shall submit the performance bond, which shall not exceed 10 per cent of the amount of the contract.

Article 19 The price of the contract by both parties shall not be higher than the approved estimates of investments or the amount of the assessed budget investment.

Article 20 shall complete the successful project in accordance with the contractual agreement.

The electorate shall not transfer the successful items to another person, nor shall it be transferred to another person after the election of the project is dispersed.

In accordance with the contractual agreement, the successful selection of a part of the non-main and non-critical work could be subcontracted to others. A subcontractor shall have the corresponding qualifications and shall not be subcontracted again. The subcontractor shall not be designated directly by the choiceor.

The electorate shall be responsible for the subcontracting project to the comparator and the subcontractor shall assume a joint responsibility for the subcontracting project.

Article 21, in violation of this approach, requires a project that is less than one option, to be relocated by the Government's investment authorities, or by any other way to avoid the selection of the project, which is subject to a fine of up to $20,000 in the circumstances; to suspend the execution of the project or to suspend the disbursement of funds.

Article 2 is one of the following cases in which a Government investigatory period is being converted, and can be criticized for a fine of up to 10,000 dollars in the circumstances:

(i) Not to issue a comparative announcement as prescribed;

(ii) No comparison of the vetting programme;

(iii) No comparison based on mandatory norms;

(iv) The selection of an invited person as defined;

(v) The pre-selection letter was not sent by the candidate.

In the case indicated in the previous paragraph, the selection of a higher number of candidates by the Government's investigatory order, and the loss of the selection of candidates, should be compensated for direct economic losses.

Article 23 does not carry out the contract with the comparator, the performance bond shall not be returned and the award of the business administration shall be compensated for in excess of the payment of the performance guarantee, and the corresponding liability for default.

The preceding paragraph is not applicable because force majeure cannot be concluded or fulfilled its contractual obligations.

Article 24 does not provide for the submission of back-to-back material or the provision of false back-up materials, which is being converted by the Government's investment authorities; refuses to reproduce, may be fined up to $10,000.

Article 25 Comparison of confidential information, collusion, exclusion of discrimination from the choice of applicants, vetting of the selection, intrusion of the offence or subcontracting by the relevant industry authorities, and may be informed of criticism; in the event of serious circumstances, the fine of up to $20,000 could be fined.

(a) In the case indicated in the previous paragraph, which resulted in the invalidity of the selection, the replacement of the selection by the relevant industry authorities;

Article 26, in violation of this approach, provides for units engaged in comparable activities, to be administratively disposed of by competent and other persons directly responsible for them by the competent organ of the authority, in the circumstances of a serious nature, to limit or prohibit their participation in comparable activities;

The second article is based on a government investment engineering project by industry authorities as a comparator, where the Government's investment authorities disclose confidential information on the selection process, collusion, exclusion of discrimination from the applicant, deception of the selection of the successful candidates, the transfer of the law or subcontractor.

Article 28 of the Government's investigatory authorities may suspend project implementation on a case-by-case basis when the complaint is admissible or the investigation is chosen for violations.

The relevant administrative authorities should notify the Government's investment authorities in a timely manner when they receive complaints or identify violations than they are selected, and the Government's investment authorities may suspend the project on a case-by-case basis.

Any unit of article 29 or an individual's unlawful intervention in the selection process or outcome shall be changed by an order of responsibility of the competent organ; administrative disposition of the head of the unit and other responsible persons in accordance with the circumstances.

In cases where staff members of the oversight department abuse their duties, play negligence, favouring private fraud, are treated in accordance with the law; they constitute criminal liability by law.

The inspection body should strengthen the implementation of administrative inspections by other personnel appointed by State bodies involved in the selection process, national civil servants and national administrations.

Article 33 may apply for administrative review or administrative proceedings in accordance with the law, as opposed to administrative penalties by the chosen party. The failure to apply for reconsideration or the prosecution of the People's Court is not in compliance with administrative sanctions decisions, and the executive body that has made administrative sanctions decisions apply for enforcement by the People's Court.

Article 33 Government investment construction projects that are entrusted with tendering will need to be implemented in the light of the principles set out in this approach by determining the solicitation agent body by a comparison of the selection.

Article 32 provides for a project that should be selected on a comparative basis, and the Government of the commune (State) considers it necessary to make tenders, which may be decided upon. The executive branch should oversee the management of the required solicitation projects in accordance with the provisions of the Law on tendering for tendering in the People's Republic of China and the tendering regulations for the National Investment Engineering Construction Project in the Sichuan Province.

National investment construction projects in non-governmental investments are implemented by the Governments of the municipalities (States) in the light of this approach.

Article 33 uses international financial organizations or foreign government loans, aid funds-building projects, with special provisions from both the lender and the financial provider, which are subject to their provisions, except in violation of the social public interest of the People's Republic of China.

Article 34 Government investment construction projects that are lower than the selection threshold may determine contractors in the light of competitive negotiations in government procurement, single-source procurement, solicitation, etc., and the investment authorities of the Government of the Republic (market, area) above, industry authorities and financial, auditing authorities should strengthen oversight management in accordance with their respective responsibilities.

Article 55 of this approach was implemented effective 15 February 2006.