Hefei City Bidding Supervision Management

Original Language Title: 合肥市招标投标监督管理办法

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(January 22, 2007 Executive meeting of the people's Government of Hefei city, the 82nd considered by people's Government of Hefei city, January 31, 2007 to 126th released since as of March 1, 2007) the first to standardize bidding and tendering activities of this municipality, optimizing administrative development environment, improve efficiency and save money, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Second approach applies to Hefei tendering Center of bidding, auction, bid, (hereinafter referred to as bidding) of various types of trading activity and supervision of activities.
    Article in accordance with the Government-led market, open market trading, the trading operation, operation unified regulatory requirements, establishment of a just and open, competitive and orderly, service, unity monitored the bidding market.
    Fourth of Municipal Office of tendering and bidding market Management Committee (hereinafter referred to as restaurants run) is responsible for the various types of activity exercise unified supervision and management, development of relevant management rules, monitor transactions, complaints and reports, to investigate and punish violations in trading activities.
    Hefei bidding Center as the city's unification of the tendering and trading platform, is responsible for the operation of specific transactions, and as a designated agency of the public tender according to law, unified agent tender. Fifth article in this city urban range within (including city's four district, and zone, and Chief culture district, and lakeside district) of following enrollment bid activities, must in Hefei tender bid Center for: (a) law must tender of new, and alterations, and expansion construction project (containing housing, and water, and traffic, and highway, and municipal, and garden, and information, and decorative decoration, and civil defense, and power, and water, and gas, and heating, and pipeline laying, field) of survey, and design, and construction, and
    Supervision units of selected and and project about of important equipment and material, of procurement, construction project of points package activities; (ii) Municipal Government this level various concentrated procurement project, city's four district, and zone, and Chief culture district, and lakeside district public tender of government procurement project, drug concentrated procurement project of suppliers of selected; (three) State-owned, and collective property, and equity transfer; (four) business sex land right and industrial with to right of tender, and auction, and tone, mineral resources exploration, and rights of transfer; (Five) large outdoor commercial advertising right, and bridge Crown name right, and special industry right, and city accounted for road right of transfer; (six) public claims, and Bank mortgage right of transfer, judicial organ and administrative law enforcement sector confiscated property of auction, State-owned and the State-owned holding enterprise bankruptcy property of auction, vehicles plate auction; (seven) organ and the institutions of housing rental; (eight) all using financial sex funds or to financial sex funds mainly of project planning prepared and Engineering Advisory, and assessment, and
    Tender agent, intermediary service institutions of tender selected; (nine) agricultural development, and technology innovation, and high-tech industrialization, financial sex funds project of project units of selected; used BT, and BOT, financing way engineering construction project of project units of selected; (10) all using state-owned funds or to state-owned funds mainly of limit following small construction project of design, and construction, and supervision units of selected and and project about of important equipment and material, of procurement;
    (11) according to law must tender the transaction of State-owned assets and public resources.
    Bid referred to in the preceding paragraph include deals approved, information dissemination, application acceptance, qualification, transaction documents published (sale), the bid Assessment Committee established, opening, evaluation and so on.
    No units or individuals may be legally required tender break a project or in any other way to Dodge tender.
    Article sixth run public resources should be established trading activity related to the signs the parties in China and the credit management and disclosure.
    Article seventh should be bidding project of public resources, government departments should be in project approval, land transfer programme approval, procurement budget implementation plan approved by the Government, State-owned (collective) transferring ownership of ratification at the same time, will be approved by the relevant CC signs the file run. Eighth article Hefei tender bid Center by following program handle law should implemented public tender project of enrollment bid matters: (a) and tender people signed delegate agent agreement; (ii) prepared tender file, by tender people confirmed Hou reported signs tube do record; (three) released tender announcement; (four) site accept bid people registration material; (five) review bid people qualification, sale tender file; (six) answering; (seven) received bid margin; (eight) organization opening, and assessment standard; (nine) released bid publicity, issued in the
    Notices (10) return of the tender deposit, (11) the tenderer and the winning bidder to enter into a written contract and run review the signs for the record. Nineth unreasonable conditions no unit or individual is allowed to restrict or exclude potential legal entities, natural persons or other organizations to participate in the transaction.
    All projects using State funds or State funds, changes in bidding and purchasing of the tenderer, and approval procedures must be fulfilled.
    Tenth public solicitation of information in addition to national and provincial provisions outside the media, must be unified in the Hefei bidding market Web site.
    Tenderer in more media publish tender notices for the same bid item content should be the same.
    11th signs administrative office is responsible for the management of evaluation experts. Members of the bid Assessment Committee shall randomly from the database.
    Public bidding for the project should be made according to law on behalf of the tenderer had asked to participate in the bid evaluation Committee, shall have been run recognized the signs.
    12th open bid construction projects according to law effective bid with the lowest price, selling items of the project and lease effective the highest bid. 13th evaluation results should be bidding website for public notification of the single market in Hefei. The Tenderer shall follow the bid evaluation Committee issued a report recommending the successful candidate sort the winning bidder is determined, according to regulations and signed contracts with the winning bidder.
    Contract and change should be reported in the 5th run record the signs.
    14th winning bidder before signing the contract with the Tenderer shall provide the tender issued by the financial institution to provide performance guarantee risk, low price guarantee or performance bond.
    After the 15th government procurement contract performance, the financial sector based on tendering payment notification issued by the Center in Hefei, handle Government funds payment procedure.
    16th article fifth violation to these measures, should enter the bidding Center in Hefei transactions and did not enter, relating to Department for its handling of administrative licensing, allocation of funds, transfer of property rights and the use of such procedures.
    17th unit or individual in violation of tendering and bidding, government procurement, trading of property rights, laws and regulations, shall make administrative punishment, entrusts restaurants run by the relevant authorities responsible for implementation.
    18th tender unit staff, Hefei bidding Center staff, administration staff of the bidding activity favoritism, abuse of power, bribe by the supervisory authorities in accordance with the relevant provisions of administrative sanctions constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    19th article this referred to the tenderer, including project transactions in the tender, tenders for the construction of the legal person or other organization, government procurement activities and procurement people, land transactions of land people, property rights trading activities in the property of the assignor.
                                                                  20th these measures shall come into force on March 1, 2007.