Interim Measures For The Outsourcing Of Government Services In Ningbo City

Original Language Title: 宁波市政府服务外包暂行办法

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Interim measures for the outsourcing of government services in Ningbo city

    (November 24, 2009 Executive session of the Ningbo Municipal People's Government for the 67th through December 1, 2009, Ningbo Municipal People's Government, the 169th promulgated as of January 1, 2010) Chapter I General provisions

    First for the development of outsourcing of government services, innovative institutional mechanism for public services, improving the efficiency and quality of public services, building a service-oriented Government, accelerate the development of modern service industry, these measures are formulated.

    Article II Executive within the administrative area of the city, as well as laws and regulations authorized or commissioned law enforcement laws, rules and regulations of the Organization (hereinafter referred to as administrative organs) the outsourcing of government services, these measures shall apply.

    Article outsourcing of government services in these measures (hereinafter referred to as services), refers to social management of administrative authorities, public services, logistics services, technical services, entrusted to qualified enterprises, research institutes, universities, or other organizations (hereinafter referred to as the contractor) to fulfil its obligations, and pay the appropriate remuneration of civil juristic acts.

    Fourth administrative services outsourcing, shall comply with the General principles of civil law, government procurement law, contract law and other related laws, adhere to the principles of openness and transparency, the principle of fair competition, the principles of fairness, honesty and credibility.

    Fifth article of any eligible contractors can participate in outsourcing services, no unit or individual shall not in any way deny or restrict the contractor entered the outsourcing market, nor impose differential treatment or the discriminatory treatment against the contractor. Sixth in the outsourcing of services, executive staff and the contractor has an interest must be avoided.

    Contractor Executive of the staff and other interested operators, can also apply for his withdrawal.

    Seventh to encourage establishment of service outsourcing industry association, business training, develop expertise, development of service standards and rules of conduct, guide and regulate service outsourcing project management activities, promote the healthy development of service outsourcing industry and market.

    Chapter II scope of services outsourcing

    Eighth outsourcing services can be implemented on the following matters:

    (A) electronic equipment, network management, software development and maintenance;

    (B) education and training;

    (C) specialized technical identification, testing and inspection;

    (D) statistical investigation, feasibility studies, consulting, project;

    (E) the drafting of planning, regulations and other documents;

    (Vi) perform such administrative Executive Assistant;

    (VII) legal adviser to the Government;

    (H) the old-age home and other social and public services;

    (I) the Organization of corporate activities, services;

    (J) logistics services;

    (11) other matters of law can be outsourced.

    Nineth administrative sanctions, administrative license, the administrative review, administrative fees, administrative confirmations, administrative expropriation and requisition, acts of administrative enforcement Chief, without outsourcing.

    On service outsourcing issues involving behavior of insufficiently defined, the executive authorities should be prepared at the same level, government legal, financial and supervisory departments in legality and feasibility of appropriate management review identified according to these rules.

    Chapter III service outsourcing program

    Tenth administrative departments should strengthen the social surveys, listened to the opinions of the masses through various ways, understand the needs of people to achieve democratic and scientific decision-making of outsourcing.

    11th Executive service outsourcing, should develop programmes in advance.

    Service outsourcing programmes should include the following:

    (A) the services outsourcing and basis;

    (B) of the contractor's qualifications, conditions and other requirements;

    (C) funding and its sources;

    (D) the operational performance and quality of service requirements, evaluation procedures and methods;

    (E) supervision;

    (F) the dispute resolution;

    (G) other relevant content.

    12th outsourcing information should be published in the Ningbo Municipal Government procurement and other public media, except those involving State secrets, business secrets.

    13th outsourcing services in the following ways:

    (I) open tender;

    (B) stress tender;

    (B) competitive negotiation;

    (D) a single source procurement;

    (V) inquiries;

    (F) authorized the State in other ways.

    14th public tenders shall be invited as main way of outsourcing.

    To be matters of public bidding, the administrative organ shall not in any way to avoid it.

    15th administrative authorities may use to organize outsourcing can also delegate central procurement agency or a qualified intermediary Agency.

    16th a contractor to apply for outsourcing services, shall comply with the following conditions:

    (A) has the ability to bear civil liabilities independently;

    (B) has a good business reputation and integrity of financial and accounting systems;

    (C) has the equipment and expertise necessary to fulfil the contract;

    (D) have a good record of paying taxes according to law and social security funds;

    (E) participate in service outsourcing activity within the first three years, no major record in business activities;

    (Vi) other conditions stipulated by laws and administrative regulations.

    On service outsourcing projects with special requirements, procurement supervision and management departments are demonstrated by the Government and submitted to the Government at the same level, the administrative organ may provide the contractor's specific conditions.

    17th administrative authority may require the contractor to provide the relevant qualification documents and performance of, and under the conditions prescribed in the preceding article and specific requirements for service outsourcing projects, shall review the qualifications of the contractor.

    18th two or more contractors can form a consortium, to participate as a contractor service outsourcing. To participate in a consortium service outsourcing, the contractor shall meet the conditions laid down in article 16th of this approach, and submitted to the joint agreement, set forth the work and obligations of the parties.

    Each party to the consortium shall jointly signed a contract with the Executive, joint and several liability on contract matters.

    19th services outsourcing of projects through tenders, tender documents from the date of issue until the date of submission of bid documents by no less than the 20th.

    20th in the bidding process for any of the following circumstances shall be void:

    (A) meets the conditions for a professional contractor or a substantive response to the tender documents less than three of the contractors;

    (B) illegal, violations that affect procurement fair;

    (C) quotations are over budget and cannot pay;

    (Iv) major changes, cancellation of the purchase.

    After the annulment, the administrative organ shall notify all bidders void by reason.

    21st after an annulment, apart from the services outsourcing is cancelled, should reorganize the tenders; other means need to be taken, should be in service outsourcing activity before the approval of the authorities. 22nd administrative authorities or their authorized agencies shall organize the contractor's acceptance. Large or complex projects, nationally recognized quality testing agencies should be invited to participate in inspection work.

    Acceptance of party members should sign the letter of acceptance, and bear the corresponding legal responsibility. The 23rd Executive, Agency related documents shall be kept on the service outsourcing projects may not be forged, altered, concealed or destroyed.

    File retention period for at least 15 years from the closing date of the outsourcing.

    Files referred to in the preceding paragraph include outsourcing activity records, budgets, tender documents, tender documents, bid evaluation criteria, assessment reports and calibration files, contracts, certificates, questioning reply, complaint handling decisions and other relevant documents and information. 24th service outsourcing bid, contract notices of administrative organs and the winning bidder, clinching a contractor shall have the force of law.

    The bid, closing notices, change the bid, trading results of the Executive, or abandon bid, bid, clinching the contractor sold items, shall bear legal liability.

    25th administrative organs with the bid, clinching the supplier shall bid, clinching a contract within the 30th from the date the notice is issued, contract content determined in accordance with outsourcing items recorded in the relevant files. Executive Agency may be entrusted on behalf of its contracts with the contractor.

    Signed by the agent on behalf of the administration of the contract, shall be submitted to the authority of a power of Attorney and as an appendix.

    Article 26th outsourcing services within seven working days from the date of signing of the contract, the administrative organ shall copies of the contracts government procurement supervision and management departments, and other relevant departments at the same level.

    Fourth chapter outsourcing services delivery system

    27th service outsourcing project manager in charge of the project.

    Contractors should be in service outsourcing-related material, indicating business management responsibilities of the project manager, subject to Executive review.

    28th contractors should be in accordance with the contract, appoint a qualified person as a project manager, project management, performance of the outsourcing contract.

    Contractor shall not alter the project manager has confirmed.

    Article 29th project manager shall meet the following requirements:

    (A) to comply with laws, rules and regulations;

    (B) physical health, able to complete the task;

    (C) good personal credit record, no records were criminal penalties for intentional crimes;

    (D) have adapted to perform their duties and qualifications, experience or qualifications;

    (V) other conditions stipulated by laws, rules and regulations.

    Article 30th contractors to build management system led by the project manager, project manager and legal representative of the Organization signed an agreement on overall management responsibility for the project within the scope of authority.

    31st project manager to perform the following duties:

    (A) the implementation of the relevant laws, regulations, rules and regulations;

    (B) strict financial system, strengthening financial management, correctly handle the relationship between the interests of all parties;

    (C) effective control over process of service outsourcing projects, the implementation of relevant norms, standards and procedures, and fully with their obligations under the contract;

    (D) other project managers responsible for the performance of duties.

    Fifth chapter of government regulation and service

    32nd outsourcing contractors, Executive to the service scope, procedures and other questionable, may apply to the Government legal agencies or regulatory agency consultation on government procurement.

    Both sides in a contract dispute, may apply for arbitration under the arbitration clause or agreement, arbitration should be dealt with according to law.

    33rd supervision and management departments should strengthen supervision and inspection of outsourcing activities, for acts contrary to the provisions, it shall order corrective action.

    Supervision and inspection of the main contents include:

    (A) the implementation of the relevant laws, rules and regulations;

    (B) the scope, modalities and procedures for the implementation of outsourcing;

    (C) outsourcing services about a worker's professional qualities and skills.

    Article 34th after the outsourcing of services, the administrative organ shall make corresponding adjustments to funding and staff positions, strengthening research, day-to-day supervision, administrative guidance, discover and resolve various issues that arise in the administration.

    35th Executive service outsourcing shall not specify channels for buying goods or services to the contractor shall not solicit or accept a property shall not seek other improper benefits.

    The 36th new or additional funding of public services have conditions of service outsourcing, should be carried out by way of outsourcing.

    37th departments should accelerate government management model of service innovation, promote the development of service outsourcing and standardizing market order.

    All departments should strengthen analysis and research on current situation and development trend of service outsourcing, outsourcing services for Government decision-making and service.

    Article 38th on matters involving people's immediate interests, or significant outsourcing of services, audit institutions shall audit the circumstances regarding the outsourcing of services.

    39th government procurement outsourcing evaluation of supervision and management departments should establish service systems, commissioning a qualified professional social survey evaluation, combined with social and public services, quality of service, social satisfaction of performance appraisal.

    Check good contractors, service outsourcing in the future should be given priority.

    The sixth chapter supplementary articles

    40th Executive, contractor in violation of this regulation, in accordance with the Government procurement law and other relevant laws, rules and regulations shall be punished.

    41st within the administrative area of the city the other State organs, mass organizations, social organizations, outsourcing may refer to these measures.

    42nd article on smaller, the need for confidentiality, emergency services, such as outsourcing, you can simplify the program, subject to States and the approach ban provisions.

    43rd State, provincial government services, provided in outsourcing, from its provisions. 44th in these measures come into force on January 1, 2010.