Interim Measures For The Supervision And Administration Of Huainan City, Bidding

Original Language Title: 淮南市招标投标监督管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340923.shtml

Interim measures for the supervision and administration of Huainan city, bidding

    (December 31, 2010 Huainan municipal people's Government consideration at the 61st Executive meeting January 5, 2011 by Huainan municipal people's Government, the 127th announced come into force on the date of promulgation) first in order to regulate the tendering and bidding activities, optimize administrative development environment, improve efficiency and save money, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article the signs bidding transaction service center for bidding, bidding, auction, bid, (hereinafter referred to as bidding) all kinds of trading activity and supervision of activities these measures shall apply.

    Article in accordance with the Government-led market, open market trading, the trading operation, operation unified regulatory requirements, establishment of a just and open, competitive and orderly, service, unity monitored the bidding market.

    Signs fourth section is responsible for all types of trading activities of the supervision authority shall exercise unified supervision and management, development of relevant management rules, monitor transactions, complaints and reports, to investigate and punish violations in trading activities.

    Signs Service Center as the city's reunification bid bidding transactions trading platform, is responsible for the operation of specific transactions, and shall obtain the corresponding qualifications, as agents of the public tender according to law, agent tender.

    Fifth in the city within the city limits (including development zone, experimental, Shannan area) the following bidding activity, signs tender transaction services centres must:

    (A) must be tendered according to law, renovation or expansion project investigation, design, construction, supervision units selected and important project-related equipment and materials procurement, construction projects subcontracting activities;

    (B) Municipal Government the level of centralized procurement projects into public bidding on government procurement projects, centralized drug purchasing items the selection of suppliers;

    (C) the transfer of State-owned and collective property right and stock equity;

    (D) the management of land and industrial land bidding, auction and listing, mineral resources exploration and exploitation rights of transfer;

    (E) right to the large outdoor commercial advertising, road and bridge naming rights, special rights, assignment of the right of City Road;

    (Vi) public debt, transfer of the Bank's mortgage, the judiciary and the administrative law-enforcement departments confiscated property auctions, estate auctions of State-owned and State-holding enterprises, vehicle number plate auction

    (VII) the rental of offices and institutions;

    (VIII) all using Government funds or financial capital of project planning and engineering consulting, assessment, tender the tender selected agents and other intermediaries;

    (I) agricultural development, technological innovation, high-tech industry and other government funds project unit selected; projects selected by financing construction projects;

    (10) all use State funds or State funds under minor construction projects design, construction, supervision units selected and important project-related equipment and materials procurement;

    (11) according to law must tender the transaction of State-owned assets and public resources.

    Bid referred to in the preceding paragraph include deals approved, information dissemination, application acceptance, qualification, transaction documents published (sale), the bid Assessment Committee established, opening, evaluation and so on.

    No units or individuals may be legally required tender break a project or otherwise Dodge tender.

    Article sixth signs that public resources should be established by the supervision authority related to trading activities in China and the credit management and disclosure.

    Article seventh should be bidding project of public resources, government departments should be in project approval, land transfer programme approval, procurement budget implementation plan approved by the Government, State-owned (collective) transferring ownership of ratification at the same time, approval of the related documents CC signs administration. Eighth unreasonable conditions no unit or individual is allowed to restrict or exclude potential legal entities, natural persons or other organizations to participate in the transaction.

    All projects using State funds or State funds, changes in bidding and purchasing of the tenderer, and approval procedures must be fulfilled.

    Nineth tender message in addition to national and provincial provisions outside the media, must be unified in the signs tender market Web site.

    Tenderer in more media to publish tender notices for the same bid item content should be the same.

    Article tenth signs tender database administration is responsible for managing the bid. Members of the bid Assessment Committee shall randomly from the database.

    Public bidding for the project should be made according to law on behalf of the tenderer had asked to participate in the bid evaluation Committee, shall be subject to reductions approved by the supervision authority.

    11th open bid construction projects according to law effective bid with the lowest price, selling items of the project and lease effective the highest bid. 12th bid should result in reductions to bid market website for publicity. The Tenderer shall follow the bid evaluation Committee issued a report recommending the successful candidate sort the winning bidder is determined, according to regulations and contracts with the winning bidder.

    Contract formation and change should be reported in the 5th signs tender administration record.

    13th winning bidder before signing the contract with the Tenderer shall provide the tender issued by the financial institution to provide performance guarantee risk, low price guarantee or performance bond.

    After the 14th government procurement contract performance, financial departments according to the service center of payment issued by signs the tender notice, handle Government funds payment procedure.

    15th article fifth violation to these measures, should enter signs tender transactions did not enter service transactions, relating to Department for its handling of administrative licensing, allocation of funds, transfer of property rights and the use of such procedures.

    16th unit or individual in violation of bidding and Government procurement, trading of property rights and other laws, regulations, rules, administrative punishment should be, signs the supervision by the relevant administrative departments to delegate authority responsible for implementation.

    17th storefronts with the supervision authority, signs tender transactions service centers and relevant administrative departments of the bidding activities of staff abuse, through misconduct, dereliction, shall be given administrative sanctions.

    Tenderer in 18th article of the rules, including project transactions in the tender, tenders for the construction of the legal person or other organization, government procurement activities and procurement people, land transactions of land people, property rights trading activities in the property of the assignor. 19th article this way come into force on the date of promulgation.