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Ningxia Hui Autonomous Region, Bidding Management

Original Language Title: 宁夏回族自治区招标投标管理办法

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Modalities for tender management in the Nin summer Autonomous Region

(Summit No. 27 of 17 February 2009 from the Government of the People's Democratic Party of the Nakhinian Autonomous Region to consider the adoption of the Decree No. 12 of 24 February 2009 by the Government of the People's Government of the Nin summer Autonomous Region, which came into force on 1 April 2009)

Chapter I General

In order to guarantee the quality of tendering projects, to improve economic benefits, to protect the legitimate rights and interests of the State's interests, the public interest and the parties to the solicitation activities, to develop this approach in the light of the provisions of the PPPA (hereinafter referred to as the solicitation law) and the relevant legal, administrative legislation.

Article II conducts tendering activities within the administrative region of this self-government area, oversees tendering activities and should be adhered to this approach.

Other regulations are inconsistent with this approach and are implemented in accordance with the provisions of this approach.

Article 3 tendering activities should be guided by the principles of openness, equity, justice and good credit.

Article IV

The executive authorities, such as construction, finance, transport, water, sanitation and business, are responsible for the oversight of tendering activities in the relevant project.

The inspection, the auditing body is governed by law with respect to the solicitation activities.

The tendering project, which meets the criteria for the amount specified in this approach, must be subject to tendering activities by the solicitation services centre established by the Government to prohibit any form of external transactions.

Article 6. The lawful rights and interests of the parties to the solicitation activities are protected by law.

In violation of the solicitation laws and the provisions of this method, any unit and individual have the right to report, complain to the relevant administrative oversight authorities.

Chapter II Organizational management

Article 7. The development reform sector in the self-government area performs the following solicitation functions:

(i) In accordance with the solicitation laws, administrative regulations and national regulations, the approval of the Government of the people of the self-government zone will be carried out in conjunction with the relevant authorities in the preparation of tendering regulations;

(ii) The selection, evaluation, evasion system, the establishment of an integrated assessment expert base in the self-government area and the operation of a network of municipal, district (market) and industry evaluation experts to oversee the management of evaluation experts and evaluation activities;

(iii) Approval and approval of the specific scope of tendering and tendering for major construction projects that must be solicited;

(iv) Supervision of bidding activities for major construction projects;

(v) Other work responsibilities under tendering laws, regulations.

Article 8 monitors tendering activities and implements the following provisions:

(i) Construction of administrative authorities to oversee the construction and accompanying lines, pipelines, installation of equipment and tender activities for municipal works projects.

(ii) The executive authorities of the water, transport, commerce, industry and information industry are responsible for the supervision of tendering activities in industry and industry projects, respectively.

(iii) The sanitary administrative authorities are responsible for the supervision of the solicitation activities of medical equipment, medical supplies and medicines that concentrate on procurement projects.

(iv) The financial sector is responsible for the oversight of the Government's procurement project solicitation activities.

The supervision of tendering activities other than the preceding paragraph shall be governed by law by the relevant administrative authorities, in accordance with administrative authority.

Article 9. The solicitation agent for the project construction, government procurement, etc., is eligible by the executive authorities, such as the self-government zone, and finance.

The relevant administrative authorities shall make public to society the list of the solicitation agent, which is determined by law, and strengthen the supervision of the solicitation activities of the solicitation agent.

Article 10. Relevant law enforcement oversight services for tendering activities should be publicized for approval of tendering matters, solicitation announcements, tenders, intermediate candidates, intermediate tender results, solicitation agents' activities, and in a timely manner inform relevant information such as the results of the processing of tenders in violation of the solicitation proceedings, the record of misconduct by the parties to the solicitation activities.

Article 11. The relevant law enforcement oversight authorities shall notify the project approval sector in a timely manner of the problems identified and the project approval sector may suspend the implementation of the project or suspend the disbursement of the project funds in accordance with the law.

Article 12. The relevant law enforcement oversight bodies of inspection bodies and tenders should establish mechanisms for the processing of tender complaints, fair and efficient admissibility of complaints and identification of violations.

Article 13 establishes a solicitation transaction service centre in the self-government area and in the municipalities where the conditionality of the Government can establish a solicitation transaction service centre.

The solicitation transaction service centre is the specialized agency of the Government to provide public services for tendering parties, intermediary agencies, relevant law enforcement oversight services without compensation, and is a tangible trading market for consolidated tenders established by the Government. Funds for the solicitation transaction services centre are included in the financial budget.

Article 14. Central presence units, sectors of self-government, unit-owned tendering activities are carried out at the Autonomous Region solicitation transaction services centre. The city of the establishment and the activities of the People's Government and its subsidiary departments, units of tenders without the establishment of the solicitation services centre are carried out at the municipal bidding transaction service centre in the established area.

Article 15. The solicitation transaction services centre performs the following duties:

(i) Provision of premises, facilities and related services to the solicitation solicitation solicitation exercise party and relevant law enforcement oversight services;

(ii) The establishment and enhancement of the web information management system to inform tendering parties;

(iii) Laws, regulations, regulations and regulations concerning tenders to be made public in society;

(iv) The management of the solicitation documents files and the provision of relevant archiving services;

(v) To report to the relevant administrative authorities on violations identified in tendering activities and to assist in investigations;

(vi) Statistical, analytical work on tenders;

(vii) Establishment of a credentials file for tenders;

(viii) Other solicitation services.

Article 16: The solicitation transaction service centre and its staff shall not be affiliated with the solicitation agent or economic interest; shall not engage in the solicitation project agent activities; nor shall they in any way interfere unlawfully with tendering activities carried out under the law.

Article 17 The bidder, the solicitation agent and the relevant law enforcement oversight services shall be subject to the regulatory regime established by the solicitation services centre.

Chapter III Scope and criteria for tendering

Article 18

(i) Project on the public interest and public safety of relationships such as large infrastructure, utilities;

(ii) All or partial use of national funds investment or national financing projects;

(iii) The use of international organizations or foreign government loans and assistance projects.

Article 19 Scope of infrastructure projects relating to public interest and public safety include:

(i) Energy projects such as coal, oil, gas, electricity and new energy;

(ii) Transport projects such as railways, roads, pipelines, aviation and transport;

(iii) Postal, telecommunications hub and information networks;

(iv) Water-liland projects such as irrigation, leaching (for) water, water protection and water facilities;

(v) Urban facilities, such as roads, sewage emissions and treatment, garbage treatment, underground pipelines and public parks;

(vi) Environmental protection projects;

(vii) Other infrastructure projects.

Article 20 Scope of public interest and public-security utilities projects include:

(i) Water supply, electricity, heating and municipal engineering projects;

(ii) Projects such as science and technology, education, culture, health and social welfare;

(iii) projects such as sports, tourism;

(iv) Projects such as medical equipment, supplies and pharmaceutical pooling procurement;

(v) Commodities homes (including affordable housing and affordable housing);

(vi) Other utilities projects.

Article 21 Scope of national-owned investment projects include:

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

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

(iii) The use of State-owned enterprise units is self-financed and the projects in which State enterprise units actually have control.

Article 22 Scope of national financing projects includes:

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

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

(iii) The use of State-owned enterprise units to own funds and the actual ownership of the control unit by State enterprise units;

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

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

(vi) The use of national policy loans;

(vii) National projects that authorize the financing of the subject of investment;

(viii) Nationally concessioned financing projects.

Article 23. Scope of projects using international organizations or foreign Governments include:

(i) Project on the use of loans from international organizations such as the World Bank, the Asian Development Bank;

(ii) The use of foreign Governments and their institutions to borrow funds;

(iii) The use of projects by international organizations or foreign Governments to assist funds.

Article 24 standards for construction projects that must be tendered are:

(i) The construction of a single contract estimate of more than 1 million yen currency;

(ii) Procurement of important equipment, materials, etc., with a single contract estimated at over 500,000 yen;

(iii) The selection of service units such as survey, design, treasury, and single contracts are estimated at more than 200,000 yen currencies;

(iv) A single contract estimate is less than one, two and three of the criteria set out in this article, but the total investment in the project is more than 1000.

In accordance with the relevant provisions of the national and autonomous regions, the terms and standards of the State's land-use power generation, international solicitation for electrical products, medical equipment, supplies and medicines focused on procurement, government procurement.

Article 25 must be adapted to the criteria for the construction of tenders, which will be made public by the development reform sector of the self-government sector, with the advice of the relevant sector, following the approval of the Government of the people of the autonomous region.

The following article 26 projects may not be solicited, but, when reporting on construction projects, requests for non-sexclusive tenders should be made for reasons and, in terms of investment management, approved by the development reform administrative authorities in conjunction with the relevant sectors:

(i) Projects involving national security, State secret or other confidential requirements;

(ii) Emergency projects to combat flood, hijack and disaster relief;

(iii) The use of poverty-reduction funds to implement projects for compensation;

(iv) The survey of construction projects, the design of specific patents or technology-specific, or the special requirement for their building art;

(v) States provide for other items that may not be subject to tendering.

Chapter IV

Article 27 requires the solicitation to be made in accordance with matters approved by the project approval department.

In projects that incorporate the scope of government procurement, prior to the start of the solicitation activities, the Government's procurement plan must be sent to the current financial sector.

Article twenty-eighth solicitation is divided into open tenders and invitations.

Article 29 provides for the full use of State-owned funds investment, the National Fund Investment Control Unit or the subject matter of ownership to solicitation projects, which should be made public.

The Government of the people of the self-governing region has identified a focus on construction projects that are not appropriate for open tendering, which may be invited by the Government of the people of the self-government.

Article 31 provides for public solicitation projects under the law, and the solicitation shall be issued by the solicitation notice by the solicitation media designated by the State or by the self-government area. The designated media shall issue a solicitation notice within the time specified or agreed.

No unit or individual shall be designated or restricted to the location and scope of the solicitation notice. In addition to the provision made by the State, a notice of solicitation must be issued by the designated media in accordance with the law, without charge.

Article 31 shall contain the following matters:

(i) The name, address and contact of the solicitation and its agent;

(ii) The nature, content, quantity, location and time of tendering projects;

(iii) The qualifications that the bidder should have;

(iv) The documents or information required to be performed at the time of the presentation;

(v) Period of submission;

(vi) The time, place of the opening of tenders;

(vii) Other matters.

The reporting period under paragraph 5 above shall not be less than five days.

Article 32 provides for an invitation to tenders by law, and the solicitor shall select more than three successful tenderers from legal entities that meet the qualifications or other organizations to send invitations to tender and publish the list of invited persons and their relevant information at the solicitation service centre.

The bidder or the solicitation agent shall guarantee the authentic, accurate and completeness of the solicitation notice or the solicitation invitation.

The third thirteenth project construction unit, in accordance with the project approval sector, shall report on the project approval project approval project approval project approval and, in the presentation of the feasibility study on the project, the solicitation scope of the project and the proposed solicitation modalities.

In approving the project feasibility study, the project approval department should approve the scope of tendering for the project and the proposed modalities for tendering and inform the project construction units in writing of the approved results, while transmitting the relevant administrative authorities.

The priority-building projects identified by the Government of the people of the self-government area are to be used to invite tenders, which are approved by the Government of the people of the Autonomous Region.

Article XV. The solicitation for construction projects shall have the following conditions:

(i) In accordance with the relevant provisions of the national and self-government zones, the approval process has been implemented and approved;

(ii) The solicitor shall have the corresponding funds or funds to implement the solicitation projects;

(iii) A construction paper, a list of equipment and technical information capable of meeting the requirements of tendering;

(iv) The project location planning sector has been approved and the construction of a “three-one parity” on the ground of recruitment and construction has been completed;

(v) Other conditions under the law, regulations and regulations.

Article XVI allows the solicitation to proceed on its own behalf or to entrust the solicitation agent established by law with the processing of tenders. However, the procurementr in the Government's procurement project may not proceed with tendering.

No unit or person may in any way designate a solicitation agent.

The solicitation agent shall not have a subordinate or other interest relationship with the executive and other State organs.

Article 37, on its own initiative, shall have the capacity to prepare solicitation documents and to organize tenders, including, inter alia, the following conditions:

(i) The eligibility of project legal persons;

(ii) Professional technicians with respect to the scale and complexity of tendering projects;

(iii) Experience with solicitation for the same engineering construction project;

(iv) A specialized solicitation body or a full-time solicitation operation;

(v) Other conditions under the law, regulations and regulations.

The bidder shall, on its own initiative, proceed with the solicitation and shall submit the relevant law enforcement oversight services.

Article 338 The solicitation agent shall be subject to the following provisions:

(i) A written assignment contract with the solicitor and, to the extent that the solicitation was delegated by the solicitor;

(ii) No transfer of solicitation agents to another person without the consent of the solicitor;

(iii) No solicitation advisory services shall be conducted for the same solicitation project;

(iv) No disclosure of information and information relating to tendering activities shall be made to others;

(v) No collusion with a bidder, a bidder shall undermine national interests, social interests and the legitimate rights of others;

(vi) Other provisions relating to tendering under the solicitation law.

Article 39 of the solicitation project has a subset, and the solicitation or solicitation agent shall be prepared in accordance with the relevant provisions of the national and autonomous areas and in conjunction with market supply and demand.

A tendering project could only be prepared as a mark.

Article 40 The solicitor shall prepare, clarify or modify the solicitation documents in accordance with the characteristics and needs of the solicitation project and shall comply with the following provisions:

(i) No confidential information, disclosure and collation of tenders shall be disclosed;

(ii) No potential bidder shall be restricted or excluded by unreasonable conditions, such as access to the region;

(iii) Not to disclose to others the names, number, etc. of potential bidders who have obtained the solicitation documents;

(iv) No bidder shall be forced to form a joint tender and shall not limit competition among tenderers;

(v) No one shall be held or implied that the subcontracting portion of the tenderer's tenderer shall be given to the contractor in the region, the contractor in the system and the supplier;

(vi) No negotiations with the bidder on substantive elements such as tender price, tender programme shall be held before the identification of the marker;

(vii) Other provisions relating to tenders in law, regulations, regulations and regulations.

Article 40. The bidder shall have the following conditions:

(i) Registration by law with independent legal personality;

(ii) The scope of operation and the level of qualifications are adapted to the solicitation projects;

(iii) Technical, professional and mechanical equipment and financial capacity that bears the solicitation projects;

(iv) There is good credibility and performance.

The State provides otherwise for the qualifications of the bidder.

Article 42

(i) No tender shall be rented by a qualified or high-quality unit and in its name;

(ii) There shall be no collusion of tenders and no exclusion of fair competition from other bidders;

(iii) No collusion of tenders with tenderers;

(iv) There shall be no less costly tendering, or a misleading, for which the mark is invoked;

(v) No violation of the transfer package or subcontracted construction projects after the mark.

The bidder is prohibited from complicating the bidder by means of bribery of the solicitor or the member of the bid board.

Article 43 thirteenth tenderers shall send the solicitation documents in seals before the deadline for submission of tender documents. The bidder shall send a written testimony to the bidder indicating the time of the signing and signing. The tender documents that exceed the deadline were not valid.

The bidder shall keep the tender documents in good custody. Prior to the opening of the tender, no unit or individual may open the tender documents.

Chapter V

Article 44 must be open, chaired by the solicitor or the solicitation agent, to invite all bidders and relevant law enforcement supervisors to participate in the process under the statutory procedure.

At the time of the opening of the tender, one of the following cases was ineffective tenders:

(i) The late delivery of tender documents;

(ii) The solicitation documents are not sealed;

(iii) The solicitation documents do not include the bidder and its legal representative or the author of the agent;

(iv) To form joint tenders, tender documents are not attached to the joint tender agreement;

(v) No ambiguity has been filled or completed in the prescribed format;

(vi) Other circumstances under the laws, regulations and regulations.

Article 46 quater has one of the following cases in which the bidder is removed:

(i) No legal personality;

(ii) To serve as a custodian, a proxy or a solicitation agent;

(iii) The same as the custodian, the holder or the solicitation agent of the solicitation project as a legal representative;

(iv) A mutual control unit or a stand-alone unit with the custodian of the solicitation project;

(v) The bidder is subject to a suspension of the business;

(vi) The bidder was suspended or the tender was cancelled;

(vii) The property of the bidder is taken over or frozen;

(viii) The bidder has in the last three years problems of deception, serious default or major quality of work;

(ix) Other circumstances under the laws, regulations and regulations.

Article 47 examines experts from tenderers under the supervision of the relevant law enforcement oversight sector, from the IPR expert pool.

The project authorities and the staff of the law enforcement oversight sector shall not be involved in the evaluation as an expert and a member of the evaluation board.

Article 48 governs the interests of tender experts and their solicitation agents and should be avoided.

The evaluation expert shall perform its duties independently and impartially and shall not receive gifts or other property from any unit or individual, and shall not disclose information and information relating to the solicitation activities to others.

Article 49 shall be subject to evaluation by the Commission in accordance with the statutory procedures, objective, impartial fulfilment of its statutory responsibilities and legal responsibility for the assessment of the tender.

The evaluation should be carried out in strict confidentiality, and persons not interested in the evaluation should not be allowed to enter the evaluation site.

Any unit or person shall not interfere unlawfully, affect the evaluation process and results.

Article 50 should submit a written evaluation report to the bidder to recommend qualified candidates after the evaluation was completed. The evaluation reports should be signed by all members of the evaluation committee.

Article 50 shall be in accordance with one of the following conditions:

(i) To meet to the extent possible the integrated evaluation criteria set out in the solicitation documents;

(ii) Substantive requirements for solicitation documents would be met, with the lowest or reasonable tender price evaluated; however, the tender price was lower than the cost.

Article 52 shall, within 30 days of the date of the issuance of the letter of assignment, enter into a written contract with the moderate holder in accordance with the law and shall submit a written report on tenders to the relevant law enforcement oversight services within 15 days of the date of the determination of the successful bid.

The written report should include the following:

(i) The scope of tendering and the manner in which tendering is made available;

(ii) The time to issue a notice of solicitation;

(iii) The solicitation documents and tender documents;

(iv) The opening time and place;

(v) The bidder signed the list;

(vi) List of members of the Committee on the Review of the Memorial;

(vii) Examination criteria and methods of evaluation;

(viii) Opening, evaluation and evaluation reports;

(ix) The outcome of the mark;

(x) The entry transaction description of the solicitation transaction services centre.

Article 53 requires the bid to submit a performance bond to the marker, which shall not exceed 10 per cent of the contract price. The marker shall be submitted before the written contract is concluded. The bidder refused to pay the payment of the payment of the payment of the payment of the performance bond was considered to have renounced the medium-sixed project and assumed responsibility for default under the law.

The bidder shall, within 30 days of the full implementation of the contract, refund the performance bonds and interest to the marker and pay the works in accordance with the contract agreement.

Article 54 quantifys refuse to enter into a contract within a specified time frame or not to pay a payment under an agreed agreement or to perform their obligations under a contract agreement are recorded in the archives by the solicitation service centre. The bidder shall not enter the tenders in this self-government area within three years and may not accept its tenders.

Chapter VI Corporal punishment

Article 55, in violation of this approach, imposes penalties in accordance with the relevant provisions of the solicitation law.

Article 56, in violation of article 33 of this approach, provides that the project construction units, when reporting the feasibility studies of the project, do not report to the extent of tendering for the project, the proposed solicitation modalities, etc., are warned by the project approval department to reorder the matter, and that the study on the feasibility of the approval of the project is suspended after being corrected.

Article 57, in violation of article 38, article 28, paragraph 3, of this scheme, provides that the solicitation body, without the consent of the solicitation, has unauthorizedly transferred the solicitation agent operation or the solicitation advisory services for the same solicitation projects, shall be warned by the law enforcement oversight body, which determines the qualifications of the solicitation agent, and fined between $100,000 and 300,000; in exceptional circumstances, shall be withdrawn from the qualifications of the solicitation agent's office; and liability shall be borne by law for economic losses. In violation of the fourth, fifth provisions, disclosure of information and information relating to tendering activities or collusion to the detriment of national interests, social interests and the legitimate rights and interests of others is punishable in accordance with article 50 of the bidding law.

Article 58, in violation of article 33 of this approach, was designated to refuse to issue a notice of tendering or to delay the publication of a notice of tenders without justification, or to receive charges in violation of the law, was warned by the development reform sector in the self-government area, to correct the period of time and to impose a fine of between 5,000 and 20000.

Article 59, in violation of article 42, paragraph (v), of this approach, provides that the bidder shall be subject to a fine of $100,000 to $300,000 from the relevant administrative law enforcement oversight.

In violation of article 48 of this approach, the evaluation expert shall avoid evade or receive gifts or other property, or disclose to others information and information relating to the solicitation activities, by virtue of the law of the development reform branch, forfeiture of the property collected and impose fines from $50 to 2000; in serious circumstances, abolishing the qualifications of its members; constituting an offence, to hold criminal responsibility.

In violation of this approach, the solicitation agent does not enter the tendering service for tenders by providing for the invalidity of tenders, is converted by the time limit for the development of reform services and fines for the solicitor from $100,000 to 300,000; and all or part of the project for the use of State funds by the relevant administrative law enforcement oversight authorities to suspend the execution of the project or the suspension of funds.

Article 62, in violation of this approach, provides that the solicitation transaction services centre and its staff are engaged in the solicitation agent operation or have other profit-making activities that affect fair, fair and impartial tendering activities, or that the administrative inspectorate forfeiture of proceeds of law by deducting the proceeds of the offence, pays the centre's supervisors and direct responsibilities under the law or has been disposed of largely; in the event of serious dismissal or dismissal by law.

Article 63 contains one of the following acts for the staff of the State organs that have a legal oversight role to the solicitation activities, which are governed by the law by the executive inspectorate or by an organ exempting from office; and constitutes a criminal offence punishable by law:

(i) Non-compliance with the regulatory responsibility for tendering by law;

(ii) Accreditation of the solicitation agent incompatible with statutory conditions;

(iii) Sobribing;

(iv) Participation in the evaluation of tenders or unlawful interference, impact on the evaluation process and results;

(v) There are other provocative fraud, sterilization and abuse of authority.

Chapter VII

Article 64 of this approach is implemented effective 1 April 2009. The tender management approach for the Honduran Self-Government Zone was also repealed on 20 March 2002.