Interim Measures For The Xinjiang Uygur Autonomous Region Government Investment Construction Project Management Of Agent Construction System

Original Language Title: 新疆维吾尔自治区政府投资建设项目代建制管理暂行办法

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Interim measures for the Xinjiang Uygur Autonomous Region Government investment construction project management of agent construction system

    (March 23, 2009 7th meeting consideration of Xinjiang Uygur Autonomous Region people's Government on April 8, 2009, people's Government of Xinjiang Uygur Autonomous Region, the 160th promulgated as of September 1, 2009) first in order to deepen the reform of investment system, raise the level of government investment construction project management and investment performance, according to the relevant provisions of the State Council, combined with State practice, these measures are formulated.

    Second State subsidies as well as the level of Government of the autonomous region invested more than 5 million Yuan or 80% per cent of total investment over the following construction projects, in accordance with the implementing agent as provided herein:

    (A) the Office buildings of the State organs, institutions, social organizations and ancillary equipment;

    (B) education, science and technology, culture, health, population and family planning, sports, fire services, radio and television, civil affairs, social security, construction projects;

    (C) detention facilities, detention centers, labor camps, prisons and so on;

    (D) other projects of the State and the autonomous communities provided for the agent.

    Items listed in the preceding paragraph, relating to national security, State secret, dealing with unexpected events or have special technical requirements, approved by the competent Department of the State development and reform can not implementing agent.

    Article agent mentioned in these measures refers to tender selection of specialized management unit (hereinafter referred to as units), is responsible for implementation and management work of construction project organization, delivery and use of the system after the completion of the project.

    Article fourth-generation formed should adhere to the following principles:

    (A) category implemented to progressively extend;

    (B) the openness, fairness and impartiality;

    (C) professional and market-oriented;

    (D) strengthen the investment oversight and accountability.

    Fifth province development and reform authorities are responsible for the implementation and monitoring of agent management.

    Finance, construction, auditing and supervisory departments according to their respective duties, responsible for agent construction management and supervision. Sixth province development and reform authorities shall, in accordance with article II of this approach, project proposals, feasibility studies, preliminary project design or release of government investment in the plan approval documents, determining whether or not the project agent; generation construction system should be clear under this article tenth generation of built form.

    Approval documents shall be sent to relevant departments for financial, construction. Seventh generation units by the development and reform authorities determined through public bidding; items listed in the second paragraph of article II of this approach to implement agent, can be directly established commissioned agent units.

    Determining construction units, State development and reform issued by the competent authorities should be required to comply with the conditions specified in article eighth of relevant information.

    Eighth generation units should meet the following conditions:

    (A) having legal personality;

    (B) has a grade a engineering consultation, grade a, grade a in engineering design supervisor, one of the construction contract and other intelligence level above;

    (C) has the commitment to build responsibility commensurate funding, organization and project management skills;

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

    Nineth autonomous development and reform authorities shall, jointly with relevant departments, the unit's integrity and to evaluate the performance of, and to the public.

    Tenth generation projects can take the construction of organization-wide implementation, or we can do preparation work agent or agent organization to implement the construction of. Take the whole process agent, agent responsibility starts from the date of approval of the project proposal to the end of the warranty period of the project take preparation work agent, agent responsible for the preparation of project feasibility study, preliminary design; construction of agent, agent responsibility since the beginning of implementation of preliminary design to the end of the warranty period of the project.

    Construction units in construction period of responsibility, shall bear the corresponding legal responsibility. 11th construction projects, the construction unit shall enter into a construction contract, specify rights and duties of both parties.

    Agent contract shall provide the competent authorities of the State development and reform.

    12th construction projects using units shall perform the following duties:

    (I) organized presentation of project proposals, and according to the approved scale of construction and investment projects using feature configuration and construction standards;

    (B) to organize presentation of preliminary project feasibility studies, project design documents;

    (C) is responsible for the financing of the self-funded, and in accordance with the construction contract in project funds account;

    (D) construction contracts and other obligations as provided herein.

    13th construction unit shall perform the following duties:

    (A) in conjunction with the use of units organized presentation of preliminary project feasibility studies, project design documents;

    (B) apply for planning permission and construction design of the project files reviewed, building permits, quality supervision and project acceptance of filing and other procedures;

    (C) organize the implementation of project investigation, design, supervision, construction units and the main materials, equipment purchase tenders, bidding and tender documents, the written report, as well as the successful bidder of the contract submitted to the State development and reform and construction departments;

    (D) responsible for the project, and contract and procurement management of construction work;

    (E) according to the approved construction scale and investment, prepare an annual capital expenditure budget, according to prescribed procedures after submitting them for approval, apply to departments of financial allocations;

    (F) in accordance with the regulations to the competent authorities concerned submit project schedule, project quality, the use of reports and materials;

    (VII) preparation of project final financial accounts, submitted to the fiscal authorities;

    (H) the arrangement or compilation and construction materials, used to transfer files;

    (I) construction contracts and other obligations as provided herein.

    Article 14th construction unit may have affiliations with the bidder or any other interested; prohibit borne by other units of construction work. 15th construction project performance bond system.

    Specific issues by using the unit, the units specified in the contract.

    Construction units shall in accordance with the construction contract construction, building standards, construction and construction management budget for investment and control projects with a total investment to ensure quality and duration.

    16th section built flats should be based on the implementation of the organizational form, monthly to the State development and reform authorities, financial authorities submit the project progress report or monthly bulletin of project progress.

    17th construction after the completion of the project, should be in accordance with the relevant provisions of the State and Agency construction contract completion acceptance; acceptance, to be delivered.

    Construction unit should be used by the project construction project schedule, project quality, the use of monitor and participate in project completion acceptance.

    18th construction units shall in accordance with the following provisions to the used unit construction project delivery responsibility:

    (A) the preparation work agent, from the date of preliminary design was approved in the 30th, agent information transfer project;

    (B) the whole process of construction or the construction agent, within 90 days from the date of acceptance of the project in accordance with the approved capital asset value transfer procedures and information on all construction work.

    19th construction units shall project planning, all aspects of the construction documentation for collecting, classifying, sorting, archiving, and while going through procedures for the transfer of project assets be handed over to the units or departments work files, financial records and related data.

    Article 20th agent construction management fees in accordance with the above infrastructure project construction management fees under the financial system approved and included in the project costs, and in accordance with the progress of works and construction contracts allocated to construction units.

    21st construction unit should strictly implement the State and State-building project accounting project funds should be in accordance with national and regional government agent-financial provisions earmarked for investment projects. 22nd construction projects construction, construction standards, content and quality in line with the construction contract, and after the approval and acceptance of the financial accounts, savings in the accounts of investment than investment in construction contract, can be extracted from surplus funds built units does not exceed 20% of the award, but shall not exceed a maximum of 2 million Yuan.

    Specific issues according to the project total investment, construction conditions and other factors, in construction project tendering documents, or identified in the contract.

    Caused by construction units increased investment, increased investment by the units responsible.

    23rd dynasty was built in violation of paragraph II of this article 15th, unilaterally changed the scale of development and building standards, content and budget for investment, resulting in loss of or increased investment by the unit to compensation of a performance bond; lack of performance bonds, construction project management fees deducted; lack of construction project management costs, unit's own funds.

    Units constituted one of the circumstances listed in the preceding paragraph, shall not participate in government investment project construction activities within three years.

    24th province development and reform, financial, construction and other departments and their staff in construction project management and supervision in abuse of power, dereliction of duty and favoritism, bribes, from administrative supervisory organs of the Department or penalties constitute a crime, criminal responsibility shall be investigated according to law.

    25th other acts in violation of these rules, in accordance with the provisions of the relevant laws, regulations and rules accountability.

    26th article of the approaches other than those provided for in article-building project, you can refer to this approach the agent. 27th article this way come into force on September 1, 2009.