(Act No. 1 of 21 April 2009 by the Order of the People's Government of the Länder [2009]

Article 1, in order to enhance government investment project management, regulates government investment project evaluation, determines and effectively control project investments, ensures public funding norms, efficiency and security, and develop this approach in line with the relevant legal, regulatory provisions.

Article 2

The approach refers to Government investment projects that are used in part or in part by budget funds, national debt funds, Government-specific funds, government financing, foreign government and international organizations to borrow or aid funds, as well as engineering projects that are used by business units to capitalize on national funds.

Article 3. This approach refers to the evaluation of Government investment projects, which refers to the post-evaluation of government investment projects, the feasibility study, the preliminary design, the sectoral project expenditure budget, the engineering budget control price (concluding tenders), contracts, engineering settlement, completion of work counts, the post-evaluation of government investment projects and the review of other matters decided by the municipal authorities.

The evaluation of Article IV Government investment projects should be guided by the principle of “independence, science, justice” and be based on relevant laws, regulations and industrial norms, standards, in accordance with the work procedures of the “first evaluation, subsequent decision-making”.

Article 5

The evaluation body shall be accountable to the municipal authorities for the evaluation reports it has received.

The sectors such as inspection, audit, rule of law, within their respective responsibilities, oversee the evaluation of government investment projects.

Article 6. Sectors such as development reform, finance, construction, tendering, etc. should be based on evaluation reports from the evaluation body (conceptions), repayment of government investment projects, solicitation, funds allocation and supervision management.

Article 7. Construction units and related sectors should fulfil the following obligations in the evaluation of government investment projects:

(i) The timely provision of the information required for the evaluation and the responsibility for the integrity, integrity and legitimacy of the information provided;

(ii) No refusal, concealment or provision of false information on matters requiring verification or evidence by the evaluation body;

(iii) Timely submission of evaluation prior to the formal signing of the construction contract;

(iv) Preliminary evaluation findings for evaluation bodies should be presented and returned from three working days from the date of receipt;

(v) The evaluation findings of the evaluation body and the evaluation recommendations made should be adopted and implemented.

The Government's investment projects survey, design, construction and treasury units should be aligned with the evaluation body's implementation of government investment project evaluation, such as the provision of relevant information and the corresponding responsibility.

Article 9. The evaluation body should establish a Government investment project evaluation information feedback mechanism, which introduces an evaluation system, a regular return system and a joint inspection system.

Article 10

(i) Project proposals, the need for feasibility studies, feasibility, reasonableness;

(ii) The reasonableness and integrity of the initial design and proposed budget of the project;

(iii) The need to adjust the estimates;

(iv) The need for and reasonableness for sector project expenditure budgets;

(v) The reasonableness and accuracy of the engineering budget control price (concluding tenders);

(vi) The effectiveness and integrity of project contracts;

(vii) The legitimacy, integrity and accuracy of the completion of the project;

(viii) The effectiveness, effectiveness, role and impact of project inputs;

(ix) Other matters requiring evaluation.

Article 11. The evaluation body, in accordance with the evaluation elements of the Government's investment project, develops a programme of work for evaluation and review in accordance with the Government's project evaluation basis and procedures.

The evaluation of government investment projects included:

(i) National and local laws, regulations, regulations and regulations relating to investment plans, financial budgets, financial accounting, government procurement, tendering, economic contracts and construction;

(ii) Standards, price-based and engineering technical norms promulgated by national industry authorities and local authorities;

(iii) Relevant information on prices related to Government investment projects, indicators for construction of works, and requirements for adjustments;

(iv) Project proposals, feasibility studies, initial designs and their review, approval documents in the areas of land, planning, construction, environmental protection;

(v) The project survey design contract, construction contract (concluding contracts), procurement contracts for material equipment (agreement), solicitation of tenders;

(vi) The project expenditure budget, the engineering budget control price (concluding tenders), the engineering settlement, the completion of the work map, the engineering performance (conclusive) works map, the approved construction organization design, design change, engineering contact (on-site visas), financial statements;

(vii) Other relevant information on the basis of the evaluation of Government investment projects.

Article 12 Project proposals or feasibility evaluation procedures:

(i) The project construction unit submits an application to the evaluation body to provide project evaluation information;

(ii) A preliminary review of the integrity, legitimacy and legitimacy of the information provided by the project construction units;

(iii) The basic circumstances of the evaluation body's field verification project;

(iv) The evaluation body assesses the need, feasibility and reasonableness for construction project proposals or feasibility studies based on industrial policy, regional economic development, urban planning and industrial norms, standards, etc.;

(v) Develop evaluation findings and feedback to project construction units;

(vi) The evaluation body, in accordance with the evaluation findings and the project construction unit's observations, provides an evaluation report (conceptions);

(vii) The evaluation body submits the evaluation reports to sectors such as development reform (conceptions) as the basis for a review of project proposals or feasibility studies.

Article 13 Project preliminary design and evaluation procedures for estimates of estimates:

(i) The project construction unit submits an application to the evaluation body to provide project evaluation information;

(ii) A preliminary review of the integrity, legitimacy and legitimacy of the information provided by the project construction units;

(iii) The basic circumstances of the evaluation body's field verification project;

(iv) The evaluation body assesses the reasonableness of the preliminary design and budget estimates, as well as the need for adjustments in the estimates, in accordance with industry norms, standards, proposed budget indicators, scales and relevant calculations;

(v) The evaluation body has developed evaluation findings and feedback to project construction units;

(vi) The evaluation body, in accordance with the evaluation findings and the project construction unit's observations, provides an evaluation report (conceptions);

(vii) The evaluation body submits evaluation reports (conceptions) to sectors such as development reform, construction, as a basis for initial project design and budget estimates.

Article 14. Project expenditure evaluation process:

(i) The financial sector, prior to the preparation of the project expenditure budget, will include projects planned for government investment and submit evaluation bodies;

(ii) The evaluation body conducts procedural clearance of approved documents such as project establishments, feasibility studies, preliminary designs, evictions and start-up reports;

(iii) An evaluation of the construction of engineering budgets and investment in equipment based on the provisions of national and industry-related legal regulations, price-based and price-based approaches;

(iv) Evaluation by evaluation agencies of projects to be assessed and other investments;

(v) The evaluation body assesses the special costs incurred by the project;

(vi) The evaluation body has developed evaluation findings and feedback to the financial sector;

(vii) The evaluation body, in accordance with the evaluation findings and the views of the financial sector, provides an evaluation report (conceptions);

(viii) The financial sector has reviewed the project expenditure budget in accordance with the evaluation report (conceptions).

Article 15 Project engineering budget control (concluding tenders) evaluation process:

(i) The project construction unit submits applications to the evaluation body and provides project evaluation information;

(ii) A preliminary review of the integrity, legitimacy and legitimacy of the information provided by the project construction units;

(iii) The basic circumstances of the evaluation body's field verification project;

(iv) An evaluation by the evaluation body of the reasonableness and accuracy of the project budget control price (concluding tenders);

(v) The evaluation body has developed evaluation findings and feedback to project construction units;

(vi) The evaluation body, in accordance with the evaluation findings and the project construction unit's observations, provides an evaluation report (conceptions) as a legitimate basis for the project engineering budget control or tendering tendering.

Article 16 Construction of a contract evaluation process:

(i) The project construction unit submits to the evaluation body the information required for the evaluation of the solicitation documents (concluding the solicitation responses), the letter of credit and the draft contract for construction of contracts;

(ii) A preliminary review of the compliance, effectiveness and integrity of information provided by the project construction units;

(iii) The evaluation body shall evaluate the content of the work agreed to in the contract for the construction contract, the scope of the contract, the duration of the contract and the contract price, in accordance with the solicitation documents, the solicitation responses (the summary of the proceedings), the tender commitment and the submission of bids;

(iv) The evaluation body assesses the manner in which the price in the construction contract is contracted and the manner in which payment is paid, the manner in which the price adjustments are adjusted, the scope and manner in which the material equipment is supplied, the extent to which the risk is assumed and the scale, the performance guarantee and the engineering claim;

(v) The evaluation body has developed preliminary evaluation findings and feedback to project construction units;

(vi) The evaluation body, in accordance with the evaluation findings and the project construction unit, provides an evaluation report as a basis for the conclusion of the construction contract and performance.

Article 17 project completion (concluded) evaluation process:

(i) The project construction unit submits an application to the evaluation body to provide project evaluation information;

(ii) A preliminary review of the legitimacy, integrity and integrity of the information provided by the project construction units;

(iii) The basic circumstances of the evaluation body's field verification project;

(iv) The evaluation body, based on relevant legal regulations, standards (determined levels) and norms, evaluates the content of the project and determines project investments fairly;

(v) The evaluation body reviews project construction procedures and organizational management;

(vi) Evaluation by evaluation bodies of the availability and use of project funds;

(vii) The evaluation of the financial management and accounting of projects and the preparation of the completed financial statements;

(viii) The evaluation body conducts evaluation of the implementation of the project (estimate) and the need for adjustments in the estimates;

(ix) The evaluation body has developed evaluation findings and feedback to project construction units and contractors;

(x) The evaluation body, based on the evaluation findings and project construction units, the contractor's assessment of the evaluation report (conceptions), serves as the basis for the settlement of the project and the completion of its work.

Post-article 18 project evaluation process:

(i) The evaluation body prepares the annual evaluation plan for the post-Government investment project, identifies the list of post-evaluation projects and submits the post-project evaluation letter to project construction units upon approval by the municipality;

(ii) The project construction unit submitted the self-assessment report to the evaluation body within 30 working days and provided the information required for subsequent evaluation;

(iii) A preliminary review of the legitimacy, integrity and integrity of the information provided by the project construction units;

(iv) The evaluation body conducts verification and evidence of project construction;

(v) An evaluation of project decision-making, construction purposes, implementation processes, effectiveness, operation effectiveness and impact and impact, in line with project feasibility studies, approval documents and key elements of the relevant contract;

(vi) The evaluation body has developed an analysis of evaluation findings and feedback to project-building units;

(vii) Post-project evaluation results reports submitted by evaluation agencies to the municipalities as an important basis for planning, investment decision-making, approval, project management and accountability for government investment decision-making.

Article 19 Evaluations (conceptions) by evaluation bodies should include project profiles, evaluation bases, scope of evaluation, evaluation, evaluation processes, evaluation findings and recommendations and questions.

In implementing the evaluation of government investment projects, the evaluation body should organize expert opinions on major urban projects, special professional projects and new technologies, new processes.

Article 20 assesses and reviews of government investment projects through direct evaluation, assignment of socially intermediary organizations with corresponding qualifications or joint evaluation.

The Government's investment project evaluation should be completed within the time frame set out in the construction project approval process (a pilot).

Article 21, the evaluation body should establish a system for evaluating the professional archives of the Government's investment projects, with the identification, archiving and management of all types of evaluation information and ensuring their integrity.

The second article of the project construction unit contests the evaluation findings made by the evaluation body, which may apply to the municipal government for review by the municipality concerned.

Article 23 Government investment project evaluation costs are included in the municipal financial budget.

Article 24

Article 25 project construction units and units such as survey, design, construction and construction violate the provisions of this approach, with one of the following acts, as described by the evaluation body to the relevant sectors, and addressed by the relevant departments in accordance with the relevant provisions of the relevant laws, regulations and regulations:

(i) ambiguous and unambiguous discussion of the need for project construction;

(ii) supranational or industrial construction standards;

(iii) Not in line with urban planning or overall land use planning and environmental requirements;

(iv) The basic facilities cannot meet the basic needs of construction projects;

(v) Environmental evaluation cannot meet project construction requirements;

(vi) Designation of scales or investments in excess of size and investment;

(vii) No corresponding qualifications (qualification);

(viii) The preparation of the project text does not meet the evaluation needs.

Article 26, concerning the administration sector, the project construction unit and its competent authorities, violates this approach, contains one of the following acts, which are dealt with by the Government's evaluation body in the context of the report of the municipal government; and, in serious circumstances, by bringing the disciplinary authority accountable under the law:

(i) Project proposals, feasibility studies are not evaluated or reviewed;

(ii) The initial design and budget estimates for the project have not been evaluated and the investments of the project have been identified or cancelled;

(iii) Adjustment of project investments without evaluation;

(iv) The budget for expenditures for the re-sector projects, which have been determined without evaluation;

(v) To organize tendering activities without evaluation;

(vi) A contract for construction of projects without evaluation;

(vii) The transfer of funds for construction or completion of the project without evaluation;

(viii) Distinction and interference and obstruction of government investment evaluation.

Article 27 evaluates the staff of the evaluation body in the context of the Government's investment project evaluation, which is performed by negligence, abuse of authority, provocative fraud, and is subject to administrative disposition by their offices or superior authorities; constitutes a crime and is criminally criminalized by law.

Article 28 provides for the full and partial use of government investment in activities such as public thematic research, planning, disaster prevention and mitigation, in accordance with this approach.

Article 29 of this approach is implemented effective 1 July 2009.