Key Benefits:
(Summit 2nd ordinary meeting of the People's Government of Shenung on 7 February 2007 to consider the adoption of Decree No. 68 of 6 March 2007 No. 68 of the People's Government Order No. 68 of 6 March 2007 on 1 April 2007) Chapter I General In order to strengthen the management of tendering activities, to preserve the tender market order, 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 accordance with the relevant legal, legislative and related provisions such as the Infertility of tenders Act (hereinafter referred to as “the solicitation”), the bidding management approach in the Province of Extension. Article 2 engages in tendering activities within the current municipal administration and applies this approach. The solicitation activities relating to government procurement, national laws, regulations and regulations are provided in addition to their provisions. Article 3 tendering activities should be guided by the principles of openness, equity, justice and good credit. Article IV provides guidance and coordination in the municipal development and reform sector (hereinafter referred to as the commune reclassification sector) responsible for the solicitation activities of the entire city, which will be accompanied by the preparation of tendering proposals with the relevant authorities, which are followed by the approval of the commune government. Sectors such as urban construction, water, transport, education, land resources, information industry are responsible for the supervision and management of tender activities, in accordance with their respective responsibilities. Chapter II Article 5: The following construction projects are in line with the criteria for scale set out in article 6 of this scheme and must be solicited: (i) Social public interest, public safety infrastructure, utilities projects; (ii) The use of national funds investment projects; (iii) National financing projects; (iv) The use of projects financed by international organizations or foreign Governments; (v) The use of national land, mineral resources projects; (vi) Other provisions of laws, regulations. Article 6. Various construction projects within the scope of Article 5 of this approach, including project surveys, design, construction, treasury and major equipment, material procurement, etc., meet one of the following scale criteria: (i) The construction of a single contract estimate of more than 1 million yen currency; (ii) Procurement of important equipment, materials, etc., with single contracts estimated at more than 500,000 yen; (iii) Procurement of services such as survey, design, treasury, etc., with single contracts estimated at more than 300,000 yen currency; (iv) A single contract estimate is lower than the previous three criteria, but the total investment in the project is higher than the 2000 yen currency. The following Article 7 projects may not be subject to tendering: (i) National security and national secrets; (ii) A project on disaster relief; (iii) The use of poverty-reduction funds to implement projects for compensation; (iv) The project survey, design, use specific patents, know-how, or projects with special requirements for its construction arts, with the approval of the project authorities; (v) States provide for other items that may not be subject to tendering. Article 8. The solicitation notice must be issued in accordance with the provisions of Article 8. The State or the province should be accompanied by a public declaration at the national or provincial level. Article 9. The solicitor shall, by means of an invitation to tender, issue invitations to tenders to more than three persons with the capacity to undertake the solicitation projects, a specific legal person with good qualifications or other organizations. Article 10 The various solicitation agents shall apply to the relevant administrative authorities for operational qualifications and, subject to review approval, may engage in the solicitation agent operation within their hierarchy of qualifications. Each administrative authority shall communicate the list of the designated industrial solicitation agents within 15 days of the date of their determination. Article 11. The solicitationer has the right to choose a solicitation agent to entrust the solicitation to the solicitation. No unit or person may in any way designate a solicitation agent. The solicitation solicitation shall be subject to the following conditions: (i) The qualifications of project legal persons; (ii) Professional technical power in terms of engineering technology, budget outline, finance and engineering management that are adapted to the solicitation projects; (iii) Experience or experience with tendering for the same engineering construction project; (iv) A specialized solicitation body or a full-time solicitation operation; (v) Be familiar with or possesses the solicitation tenders and the relevant regulations. Article 12. The solicitation documents shall be prepared by law and the State shall be required for the technical, standard of the solicitation projects and the corresponding requirements in the solicitation documents shall be in accordance with their provisions. Chapter III The bidder shall not accept the modified documents submitted in the form of telegraphs, telegraphs, facsimiles and e-mail and the solicitation documents. Article 14. The bidder is less than three, and the solicitor shall reproduce the tender in accordance with the law. The renegotiation of tenders is still less than three, and is a construction project that must be approved, which may no longer be tendered after the approval of the former approval branch; and other construction projects, the solicitor may decide to discontinue tendering. Article 15. The bidder requests the bidder to provide a bid bond, which is determined by 2 per cent of the total tender price, but not at the highest rate of 800,000 yen. The bidder did not mark or relinquish the tender by the deadline of the tender, whose bonds were returned within 5 days of the date of the issuance of the notice of the successful outcome; the bidder had made the payment of the bonds within 5 days of the date of the contract; the bidder withdrew the tender after the opening of the tender or refused the contract after the mark. The bidder and the bidder shall not collate tenders in the solicitation process, and the bidder shall not make tenders less costly, nor be able to make tenders in the name of the other person, or otherwise to circumscribe them. Chapter IV The opening of tenders shall be open, chaired by the solicitor and invited all bidders to participate. Article 18 Findings are governed by the Commission of Commentary established by the solicitor by law. The Commission is composed of representatives of the solicitor and experts in the technical, economic and related fields, with more than five members; the experts may not be less than two thirds of the total membership, and the members of the expert shall be determined on the basis of the request. The following persons shall not serve as members of the evaluation committee, which shall be dismissed or replaced by the initiative: (i) Near relatives of the bidder or the principal head of the bidder; (ii) The interesting relationship with the bidder may affect fair evaluation; (iii) Personnel of the project approval department or the administration sector; (iv) In the solicitation tendering exercise, an offence has been committed and is subject to administrative penalties or criminal penalties. The head of the evaluation committee was created or determined directly by the bidder. The head of the evaluation committee has the same voting rights as other members of the evaluation committee. Article 20 shall evaluate and compare the tender documents in accordance with the criteria and methodology established in the solicitation documents. The criteria and methods for evaluating tenders were not established in the solicitation documents. Article 21, following the completion of the evaluation, the bidder shall submit a written evaluation report, signed by all members of the Review Committee, recommendations 1 to 3 qualified candidates and an order of classification. The bidder shall determine the selection of the pre-selected persons. The bidder suffice renunciated the mark or was unable to perform the contract by force majeure. The bidder may authorize the evaluation committee to determine the mark directly. Article 22 shall be subject to the obligation agreed upon by the contract and shall not be transferred to another person for the purpose of the transfer of the items in question or to transfer them separately. In accordance with a contractual agreement or with the consent of the solicitation, the middlemarker may subcontract the portion of the sub-prime, non-critical work to others. A subcontractor should have the corresponding qualifications and no further subcontract. The bidder shall be accountable to the solicitor for the subcontracting project and the subcontractor shall assume a joint responsibility for the subcontracting project. Chapter V Oversight management Article 23 establishes a joint bidding mechanism. The joint meeting consists of sectors such as the issuance, inspection, construction, transport, water and audit, which are the lead department of the joint meeting. The joint meetings should be held on a regular basis or be proposed by the constituent sector. The joint meeting was responsible for researching, coordinating and dealing with key issues in the management of tenders. Article 24 or other stakeholders consider that their tendering activities are not in accordance with the solicitation tenders Act and this approach and have the right to lodge complaints to the relevant administrative authorities or directly to the municipal sector. The administrative office concerned has been processed within 30 days of the date of receipt and written replies to the complainant. The administrations should establish mechanisms for the processing of complaints of solicitation activities, publicize complaints reports of telephones, faxs, e-mail boxes and communication addresses, and keep the complainant confidential. Article 25 investigates the various administrative departments in accordance with the law, and the parties concerned with the matter of complaints, such as the complainant, the complainant and the members of the Commission, shall cooperate with the parties concerned, such as the provision of information and information, and shall not refuse, conceal or default. Chapter VI Legal responsibility Article 26 The solicitation agent or the solicitation agency entrusted to it did not issue a notice of tendering under article 8 of the present methodology, which would be subject to correction by the Municipal Correspondents in accordance with article 49 of the solicitation proposals Act, which provides that the project contract is subject to a fine of up to ten thousand dollars. Article 27 provides criminal responsibility under the law for the solicitation activities of the State organs which have administrative oversight functions, in the form of private fraud, abuse of authority or negligence, and in the absence of an offence and administrative disposition by law. Article 28 violates other acts of this approach and punishes them in accordance with the relevant legislation. Chapter VII The twenty-ninth approach was implemented effective 1 April 2007. |
