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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Ningxia Hui autonomous region, bidding management

    (February 17, 2009 people's Government of Ningxia Hui autonomous region, the 27th Executive meeting February 24, 2009 people's Government of Ningxia Hui autonomous region, announced the 12th come into force on April 1, 2009) Chapter I General provisions

    First in order to ensure the project quality, improve economic efficiency, protect national interests, public interests and lawful rights and interests of the parties involved in tendering, in accordance with the People's Republic of China tendering and bidding law (hereinafter referred to as the tendering and bidding law) and the provisions of relevant laws and administrative regulations, combined with this practice, these measures are formulated.

    Article in this autonomous region to tender and bid activities in the administrative area, impose supervision on tender and bid activities shall abide by these measures.

    Provisions of the other regulations is inconsistent with this approach, in accordance with the provisions of that approach.

    Tender and bid activities shall conform to article open, the principles of fairness, impartiality and good faith.

    Article development and reform Department Guide, coordinate and supervise the administrative structure of the bidding work.

    Building, finance, transportation, water resources, health, Business Administration Department, responsible for the monitoring of project tendering and bidding activities.

    Supervision and auditing organs exercise supervision on tender and bid activities according to law.

    Article fifth reached amount standard tenders as provided herein, must be set up by the Government bidding transaction service center for bidding and tendering activities, prohibiting any form of over-the-counter trading.

    Sixth project subject to tender according to law, the tendering parties ' legal rights and interests are protected by law.

    For violations of the bidding law and these rules of behavior, all units and individuals have the right to report to the relevant departments for administrative supervision and complaints.

    Chapter II Organization and administration

    Article seventh bidding work of the State development and reform Department performs the following functions:

    (A) in accordance with the tendering and bidding law, administrative regulations and the relevant provisions of the State, in conjunction with the departments concerned to develop bidding rules and regulations, autonomous region people's Government for approval;

    (B) in conjunction with the departments concerned the selection of evaluation experts, review, system, comprehensive evaluation experts of the autonomous region established libraries and municipalities, counties (cities) and evaluation expert network operation, supervision and management of mark experts and evaluation activities;

    (C) approval for major construction projects must be tendered and approved project-specific scope of tendering and bidding;

    (Iv) is responsible for the supervision and inspection of major construction projects bidding and tendering activities;

    (E) other duties stipulated by laws and regulations of bidding.

    Article eighth impose supervision on tender and bid activities, implementation of the following provisions:

    (A) the construction administrative departments in charge of various types of housing and their subsidiary facilities construction and its matching lines, piping, equipment installation project and the supervision of municipal engineering project tendering and bidding activities.

    (B) Water Conservancy, transportation, Commerce, and industry and information industry administrative departments, responsible for industry and the monitoring of project tendering and bidding activities.

    (C) the health Administrative Department is responsible for medical devices, medical supplies and the monitoring of project tendering and bidding activities for centralized procurement of medicines.

    (D) Finance Department is responsible for the supervision of bidding on government procurement activities.

    Supervision of tendering and bidding activities other than those stipulated in the preceding paragraph, in accordance with administrative permissions, the relevant administrative authorities are responsible for.

    Nineth engages in project construction tendering of and bidding in government procurement projects, such as business agents, qualified by the autonomous construction, financial and other administrative departments identified.

    The relevant competent administrative departments should publicize its list of bidding Agency identified and strengthen oversight of the bidding agencies bidding agent activity.

    Tenth of tendering and bidding activities related to law enforcement and supervision departments should open bidding approval, call for tender, the successful candidate, bid results, bid invitation agency agent activity and other information, and timely processing of illegal tender results, bidding activity record of bad behavior by the parties and other relevant information shall be published.

    11th problems found among the law enforcement and supervision departments concerned shall promptly notify the project examination and approval Department, project examination and approval Department shall be suspended project implementation or suspended the disbursement of funds.

    12th supervisory organs and tender-related law enforcement and supervision Department, tender complaints handling mechanism should be established, fair and efficient to receive complaints and investigate violations.

    13th autonomous regions and districts established tendering and bidding transactions, service centers, conditional bidding transaction service centre of the county people's Governments may establish. Tendering and bidding transactions Service Center in the Government tendering parties, intermediaries, related law enforcement and supervision departments provide free public services of the specialized agencies, is the Government's comprehensive tendering visible market.

    Tendering and trading services include the funding in the budget. 14th Central Government in Nanjing, autonomous departments and units of the bidding activities, tendering and bidding transactions in autonomous region service centre.

    City divided into districts and no bidding transaction services centres of the County (city, district) people's Governments and their subordinate departments, units of the tendering and bidding activities, in the District of Guiyang Service Center for bidding transactions.

    15th tendering and bidding transactions Service Center performs the following duties:

    (A) tendering parties and related law enforcement and supervision departments to provide venues, facilities, and related services;

    (B) the establishment and improvement of network information management system for bidding parties to provide information services;

    (C) related to the public tender law, rules, regulations, and related policies and regulations;

    (D) the management bid files and documents, and the provision of relevant archive services;

    (E) report to the relevant administrative departments of violations found in the tendering and bidding activities, and assist in the investigation;

    (F) be responsible for statistics, analysis of bidding work;

    (VII) establish a bidding credit files;

    (VIII) other bidding service responsibilities.

    16th tendering and bidding transactions Service Center and its staff shall not tendering agency affiliation or economic interests; shall not act as tender agent activity and shall not in any way illegal interference of the bidding activities.

    Article 17th bidding party, bidding Agency and related law enforcement and supervision Department, shall comply with the tendering and bidding transactions service center management system under the law.

    Chapter III scope of tender and standard

    18th an autonomous region within the administrative area of the following construction projects (including project investigation, design, construction, supervision and with regard to the construction of important equipment and materials procurement) meet the criteria of article 24th of this approach, to tender:

    (A) the relationship between large-scale infrastructure, public utilities and other public interest and public safety projects;

    (B) wholly or partly State-owned funds or State financing of investment projects;

    (C) international organizations or foreign government loans or aid projects.

    Article 19th social public interests, public safety infrastructure projects include:

    (A) coal, oil, natural gas, electric power, new energy and other energy projects;

    (B) railway, highway, pipeline and air transportation and other transportation projects;

    (C) postal services, telecommunication, information networks and other telecommunications projects;

    (Iv) irrigation, (for) the water, soil and water conservation, irrigation and other water conservancy projects;

    (E) roads, sewage disposal and treatment, waste treatment facilities, underground pipelines, public car parks and other urban projects;

    (F) environmental protection projects;

    (VII) other infrastructure projects.

    Article 20th social public interests, public utilities in the public safety program scope includes:

    (A) the water supply, electricity, gas, heat supply and municipal engineering projects;

    (B) science and technology, education, culture, health, social welfare and other projects;

    (C) sports and tourism projects;

    (D) procurement of medical equipment, supplies and pharmaceuticals items such as;

    (E) housing (including affordable housing and low-rent housing);

    (Vi) other public utility projects.

    21st State-owned funds investment projects include:

    (A) project using budget funding at all levels;

    (B) use various Government special funds into the financial management of projects;

    (C) the use of State-owned enterprises and institutions own funds and State-owned enterprises and institutions actually have control over the project.

    22nd national finance the project's scope includes:

    (A) project using budget funding at all levels;

    (B) use various Government special funds into the financial management of projects;

    (C) the use of State-owned enterprises and institutions own funds and State-owned enterprises and institutions actually have a controlling interest in the project;

    (D) project using state-issued bonds to raise money;

    (E) the use of country projects financed by external borrowing or guarantee;

    (Vi) use of national policy loan project;

    (G) the State has authorized financing of investment projects;

    (H) the State-chartered finance project.

    23rd international organizations or foreign government funding of the scope of the project include:

    (A) international organizations such as the World Bank, the Asian Development Bank loan fund project;

    (B) the use of loans from foreign Governments and their agencies funding projects;

    (C) international organizations or foreign government aid projects.

    24th must be standards for tendering for construction projects:

    (A) the construction items in 1 million Yuan more than the estimated price of the contract;

    (B) the important equipment and materials, such as the purchase of goods, single contract estimated at more than 500,000 yuan;
(C) investigation, design, supervision and other services to choose from, a single contract estimated at 200,000 Yuan or more;

    (D) single contract estimated below standards I, II, III of this article, but projects involving a total investment of more than 10 million Yuan.

    International tenders for State-owned land use right transfer, mechanical and electrical products, medical equipment, supplies and centralized drug purchasing, tendering for government procurement projects and standards, in accordance with the relevant provisions of the State and the autonomous communities.

    Construction projects subject to tender article 25th standards needs to be adjusted, comments by the development and reform, jointly with relevant departments of the autonomous region, reported to the Government for approval, release implementation.

    Article 26th tenders the following items may not be, but during construction projects, should apply for not bidding, explain the reasons and according to the investment authority, approved by the relevant departments of the competent departments for development and reform:

    (A) relates to national security, State secret or other confidentiality requirements of the project;

    (B) emergency in flood-fighting, emergency rescue, disaster relief projects;

    (C) the use of poverty relief funds the implementation of food-for-work projects;

    (D) construction project surveying, design and use of a particular patent or proprietary technology or their architectural style with special requirements;

    (E) national provisions may not tender into other projects.

    The fourth chapter tendering and bidding

    27th tenderer must be approved pursuant to the project approval authorities for tenders.

    Into the scope of government procurement projects, before the bidding has commenced, the financial sector must be submitted to the Government procurement plan.

    28th bidding is divided into an open bidding and inviting tenders.

    Article 29th all use State-owned investment funds, State-owned investment holding project subject to tender or dominated by, should be an open tender.

    Municipality to identify key construction projects not suitable for open tenders, approved by the autonomous regional people's Government, you can make the invitation to tender. Article 30th open tender for the project, the Tenderer shall state or autonomous region designated media published a tender notice.

    Designated media should be provided or published a tender notice within the time stipulated. No unit or individual shall not be an offence specified or restricted tender notices published range of locations and released.

    Unless otherwise provided by the State, media law must be tendered projects specified in the tender notice shall not charge a fee.

    31st tender notice shall set forth the following:

    (A) the name and address of the tenderer and its agency, contact information;

    (B) the nature of the project, contents, quantity, place and time;

    (C) the bidder shall meet the eligibility requirements;

    (D) when signing up to carry documents or relevant information;

    (E) closing date;

    (F) the time and place of the opening;

    (VII) other related guidelines.

    The closing date of the fifth rule of the preceding paragraph shall not be less than 5 days.

    32nd project invitation to tender according to law, a tenderer shall meet the qualifications of legal persons or other organizations of the randomly selected potential bidders for three or more good credit, to which the invitation to tender was issued, and published in the tendering and bidding transactions service center list of invitees and their related information.

    Tender or the tender agent shall ensure that tenders or invitations to tender is true, accurate and complete.

    Article 33rd project the construction unit in accordance with the provisions on administration of construction project approval submitted to the project examination and approval Department approval of the project, submitting project feasibility study report, and submit the project tendering and bidding system to be adopted.

    34th project examination and approval Department in vetting and approving feasibility study report, approval of project tendering and bidding system to be adopted and approved the results of written notice to the project owner, with a copy to the relevant administrative departments.

    Key construction projects identified by autonomous regional people's Government invited tenders to be adopted, the examination and approval Department submitted to the approval of the autonomous regional people's Government.

    35th construction project tendering shall satisfy the following conditions:

    (A) in accordance with the relevant provisions of the State and the autonomous communities to fulfil the project approval procedures, has fulfilled the examination and approval procedures, and should be approved;

    (B) the Tenderer shall implement project funding or funding sources has been implemented accordingly;

    (C) to meet bidding requirements of construction drawings, equipment list and technical information;

    (D) has been approved by the local Planning Department, expropriation of land and the construction site of the "three direct links" have been completed;

    (V) other conditions stipulated by laws, rules and regulations. 36th tenderer can carry out the tender, or Commission established by law, a procuratorial Agency to carry out the tender.

    But government procurement program in procurement shall not deal with the tender.

    Any unit and individual shall not in any way specify tendering Agency for the tenderer.

    Bid invitation Agency and administrative agencies and other State institutions, no relationship of subordination or other interests.

    37th tenderer to carry out the tender itself, should have the capacity to prepare the tender documents and organizing bid, including in particular the following conditions:

    (A) the project legal person;

    (B) adapted to the size and complexity of the project and bidding engineering, budget, financial and project management aspects of professional and technical personnel;

    (C) have similar construction projects bidding experience;

    (D) has a specific tender or have more than 3 full-time tender person;

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

    Bidding themselves to carry out the tender, to the relevant law enforcement and supervision Department.

    Article 38th a procuratorial Agency to carry out the tender, shall comply with the following requirements:

    (A) written agent contract signed with the tenderer, and the scope of the tenderer to carry out the tender within;

    (B) without the consent of the Tenderer shall not be transferred to others the procuratorial tender business;

    (C) shall not engage in the same tender bids Advisory Service;

    (D) shall not be disclosed to others and the tendering and bidding activities relating to information and data;

    (V) not with the tenderer, bidder collusion damages national interests, social interests and the legitimate rights and interests of others;

    (F) tendering and other provisions of law relating to the tenderer.

    39th tender with bid, tender or the tender agent shall, in accordance with relevant regulations of the State and the autonomous communities, combined with market forces are prepared.

    One tender only to prepare a bid.

    40th Tenderer shall, in accordance with the characteristics and needs of the project, prepared in accordance with law, clarify or modify the solicitation documents, and comply with the following requirements:

    (A) shall not disclose confidential information, disclosing bidding, bid-rigging;

    (B) not to get the region, this award does not restrict or preclude potential bidders on reasonable terms;

    (C) shall not disclose to others has access to tender documents potential bidders by name, number, etc;

    (D) shall not compel bidders to form a consortium to jointly submit shall not limit competition among bidders;

    (V) may not coerce or imply that the bidders bid subcontract part of the project for the region, contractors, suppliers of the system;

    (F) before the winning bidder is determined, no bidders with bid prices, tenders, negotiating the substantive content of the programme;

    (G) laws, regulations, rules and other provisions relating to tendering.

    41st bidder shall satisfy the following conditions:

    (A) registered according to law, with independent legal personality;

    (B) the scope and level of qualifications commensurate with the project;

    (C) to undertake the project of technical, professional and financial capacity of machinery and equipment,;

    (D) has a good reputation and performance.

    Qualifications of bidders and the other provisions of the State, from its provisions.

    42nd bidder should be in accordance with the tendering documents for the preparation of bid documents, and comply with the following requirements:

    (A) not qualified or highly qualified affiliated units and in whose name the tender and qualification certificates shall not hire others to bid;

    (B) not colluding bid and may not crowd out other bidders a fair competition;

    (C) not bid-rigging with the tenderer;

    (D) shall not be less than the cost of bids, falsification or fraudulent bid;

    (V) you may not bid or illegal subcontracting subcontracting engineering project.

    Prohibit bidders from the tenderer or a means of bribing members of the bid Committee seeking the bid. 43rd a bidder shall, before the deadline for the submission of bid documents bid documents served after sealing the place. Issued to bidders in a tender shall indicate receipt and receipt time in written form.

    Invalid due date of tender documents for service tender documents. The Tenderer shall take good care of the tender documents.

    In front of the opening, no unit or individual may open the bidding documents.

    Chapter fifth bid opening, bid and bid

    44th bids must be in the open, presided over by the tender or the tender agent, invites all bidders and related law enforcement and supervision departments, in accordance with legal procedures.

    Article 45th when opening bids, invalid tender tender documents one of the following circumstances:

    (A) late bid documents;

    (B) tender documents unsealed;

    (C) the tender documents is not sealed by the bidder and its legal representative or authorized agent signature;

    (D) composed of Consortium bid, bid documents are not attached to a consortium of joint bidding agreement;

    (E) failing to fill or fill in the illegible;

    (Vi) other circumstances as stipulated by laws, rules and regulations.

    46th bidder has any of the following circumstances, cancel the tender:

    (A) does not have a legal personality;

    (B) for bidding for the project's supervisor, construction or provision of tendering agent's service;
(C) the supervisor of this project, construction or bidding agencies with a legal representative;

    (D) the supervisor with the bidding for the project, on behalf of people or the tender agents controlled or equity participation;

    (E) the bidder is closed;

    (Vi) is suspended or cancelled and bidding qualification of bidders;

    (G) the bidder's property had been taken over or frozen;

    (H) the bidder has cheated in the last three years the winning bidder, serious breach or a major quality problem;

    (IX) other circumstances as stipulated by laws, rules and regulations.

    47th evaluation experts by the tenderer in relevant law enforcement and supervision Department under the supervision of comprehensive evaluation experts from the library randomly.

    Project authorities and supervision staff shall not participate as experts and members of the bid Assessment Committee evaluation.

    48th evaluation expert with bidders and bidding agencies have an interest in, and should be avoided.

    Evaluation expert should be independent and impartial in performing their duties, and may not accept gifts or other property of any units or individuals shall not be disclosed to others and bidding information and data related to the activities.

    49th bid evaluation Committee shall, in accordance with the statutory procedures, objective, impartial and perform their statutory duties, and shall be liable to bid the observations made.

    Evaluation should be carried out under strict secrecy, nothing to do with the bid officers to enter the bidding site.

    No unit or individual may illegally interfere or affect the evaluation process and results. 50th after you complete the evaluation of the bid Committee, written bid evaluation report shall be made to the tenderer and recommend the qualified candidate winning bidders.

    Evaluation reports shall be signed by all members of the bid Assessment Committee.

    51st a winning bidder shall satisfy one of the following conditions:

    (A) to meet the evaluation criteria set out in the tender documents;

    (B) to meet the substantive requirements of the tender documents, review bids the lowest price or reasonable exception of bid price below cost.

    52nd Tenderer shall from the date of winning notification issued in the 30th and conclude a written contract with the winning bidder in accordance with, and shall from the date of the winning bidder is determined in the 15th, to the appropriate law enforcement supervision departments to submit written reports on the bid.

    Written report should include the following:

    (A) the project tendering, tender;

    (B) issue a tender announcement time;

    (C) tender documents and tender documents;

    (D) opening time and place;

    (E) Bidder attendance list;

    (F) list of the Evaluation Committee members;

    (G) the evaluation criteria and evaluation methods;

    (VIII) bid opening, bid assessment record and evaluation reports;

    (I) the bid results;

    (J) the tendering and bidding transactions issued by the Service Center to enter a description of the transaction. 53rd bid invitation documents require the winning bidder to submit a performance bond margin 10% shall not exceed the amount the winning bidder of the contract price. Submitted before the winning bidder should enter into a written contract.

    Winning bidder refuses to pay a performance bond, considered giving up the winning project, and shall bear the liability for breach.

    The Tenderer shall after the full implementation of the contract in the 30th, to the winning bidder to return the performance security deposit and interest, and in accordance with the contract for project funds. 54th winning bidder within the specified time limit refused to sign a contract or not in accordance with the agreed upon payment of a performance bond or not in accordance with the obligations of the contract, by bidding transaction service centre will be recorded in the archive and to the public.

    The winning bidder within 3 years are not allowed in this bid tendering visible market activity, the Tenderer shall not accept the bid.

    Chapter Sixth penalty

    55th in violation of this regulation, of violations of the bidding law, according to tendering and relevant provisions of the law are punished.

    Breach of 56th article of the way article 33rd, project construction company in submitting project feasibility study reports, tenders not submitted items range and the proposed content of the tender, the tender, be warned by the project examination and approval Department, shall order rectification fails, suspend approval of feasibility study of the project. 57th article violation this approach 38th article second to third items provides, tender agent institutions without tender people agreed, unauthorized transfer tender agent business or engaged in same tender project of bid advisory service of, by finds tender agent institutions qualification of law enforcement supervision sector give warning, and sentenced 10000 Yuan to 30000 Yuan of fine; plot serious of, hanging elimination its tender agent institutions of qualification; to others caused economic loss of, law bear compensation responsibility.

    Violation of fourth to fifth provision, disclosure of bid-related activities and information or collusion damages national interests, social interests and the legitimate rights and interests of others, penalty shall be imposed in accordance with the tender and bid law article 50th.

    Article 58th in violation of the provisions article 30th, was designated media refused to publish tender notices or unwarranted delays in tender notices published or illegal fees, be warned by the State development and reform, rectification, it fails, a fine of 5000 to 20000 Yuan fine.

    59th article violates this article 42nd paragraph (e) provides that bidders bid or illegal subcontracting subcontracting engineering construction projects, the relevant administrative law enforcement supervision Department fined 10000 to 30000 Yuan fine.

    60th article violation this approach 48th article provides, assessment standard experts should avoided and not avoided, or received gift or other property, or to others revealed and tender bid activities about of situation and information of, by development reform sector law give warning, confiscated received of property, and sentenced 5000 Yuan to 20000 Yuan of fine; plot serious of, canceled its assessment standard Committee members qualification; constitute crime of, law held criminal.

    61st article violates these rules, not complying with the provisions of the tenderer to tendering and bidding of trade service center, bid null and void, by the development and reform a rectification, and fined the tenderer 10000 to 30000 Yuan; for all or part of State-owned funds projects, supervised by the relevant administrative law enforcement departments in accordance with the mandate to suspend projects or the suspension of disbursement of funds.

    62nd article violation this approach provides, tender bid trading service center and staff engaged in tender agent business, or has other effect enrollment bid standard activities fair, and just for of profit sex activities, or violation provides charges of, by administrative monitored sector confiscated illegal proceeds, on Center competent personnel and directly responsibility people law give demerit or remember than disposition; plot serious of, law give dismissed or fired disposition.

    63rd on tender and bid activities shall have the supervision of law enforcement duties of State personnel have one of the following acts, administrative supervisory organs, or appointment and removal shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) does not perform its tendering and regulatory responsibilities;

    (B) does not meet the statutory requirements of the qualification of tendering agencies;

    (C) the bribes;

    (D) the offence involved in evaluation activities or illegal interference, influence the bid evaluation process and results;

    (E) other malpractices for personal gain, dereliction of duty and abuse of power.

    The seventh chapter by-laws 64th these measures shall come into force on April 1, 2009. March 20, 2002 issued by the autonomous regional people's Government of the Ningxia Hui autonomous region, bidding regulations repealed simultaneously.

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