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Harbin Municipal Construction Projects Bidding Check And Interim Measures

Original Language Title: 哈尔滨市重大建设项目招标投标稽察暂行办法

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(Adopted at the 63rd ordinary meeting of the People's Government of the city of Hara, 18 September 2006, No. 152 of 26 September 2006 by the People's Government Order No. 152 of 26 September 2006 for publication, effective 1 November 2006)

Article 1 ensures that tendering activities are carried out in accordance with the law to protect the legitimate rights and interests of the State's interests, the public interest and the parties to the solicitation activities, and to develop this approach in line with the Petitions Act of the People's Republic of China and relevant national provisions.
Article II applies to the inspection of tendering activities for major construction projects in this administrative region.
Article 3. The major construction projects described in this approach refer to construction projects funded, financed by national and provincial governments and which have a greater impact on the economic and social development of nationals, as defined by the Government of the city.
Fundings for national, provincial and municipal governments, as mentioned in the previous paragraph, include funds for the construction of financial budgets at the municipal level, government-specific funds for the integration of municipal financial management, national and provincial grants, national funds for debt, government credit loans for domestic financial institutions, international financial organizations and foreign government loans, and other financial funds.
This approach refers to oversight of tendering activities for major construction projects.
Article IV takes advantage of major construction projects such as the National Debt Fund project and other capital-based construction projects of more than 300,000 dollars, and its tendering activities should be identified as the focus of the audit.
Article 5 oversees the activities of tendering for major construction projects and upholds the principles of administrative, objective justice, real demand and non-compliance.
Article 6. The municipal development reform authorities are responsible for the audit of tendering activities for major construction projects and are entrusted by the relevant departments of the State and the province, or in conjunction with the relevant national and provincial authorities, for the purpose of the solicitation activities.
Article 7. tenders for major construction projects shall be made by law. Major construction projects that must be solicited by law should be added to the study on the feasibility of the project. The scope of tendering for major construction projects, the criteria for scale and the evaluation of tender methods, the publication of solicitation announcements should be implemented in accordance with the laws, regulations and national regulations.
Article 8. The opening and evaluation of major construction projects shall be communicated by the solicitor to the competent authorities for development reform of the city prior to the opening of tenders, the evaluation of three working days. The municipal development reform administration authorities should organize on-site monitoring in accordance with specific circumstances.
Article 9. The solicitation of major construction projects shall submit a report on tenders to the executive authorities and other relevant administrative authorities for development reform in the city within 15 working days from the date of the identification of the marker.
Article 10. The executive authorities for urban development reform should organize, on a regular basis, the audit of tendering activities for major construction projects and be conducted in a regular and dedicated manner.
The regular audit approach is to follow-up by the dispatch of auditor personnel to the process of tendering for major construction projects; the ad hoc auditor approach is to carry out a sample of bids for major construction projects.
Article 11. The municipal development reform administrative authorities shall determine the list of regular auditing projects and inform project construction units and related administrative authorities.
In major construction projects included in the regular audit, the bidder shall prepare the solicitation documents in accordance with approved solicitation matters, and shall submit the solicitation documents, prequalification, schedule and three other documents in advance of the sale, to the municipal development reform administrative authorities and other relevant administrative authorities.
Article 12
Article 13, when the authorities of the municipal development reform administration carry out a audit of tendering activities for major construction projects, they may, as required, be subject to the administration of the city's finance, audit, inspection, etc. and engage experts in inspections.
Article 14. The executive authorities for urban development reform should regularly communicate the audit of tenders for major construction projects to the municipal finance, audit, inspection.
Article 15. Administrative authorities for the reform of urban development perform the following duties with respect to the implementation of tendering laws, regulations and regulations relating to major construction projects:
(i) The inspection of tendering by tendering parties shall be in compliance with legal, regulatory and regulatory provisions;
(ii) Examination of the requirements for prequalification, opening tenders, evaluation, compliance with the law and legal solicitation documents, eligibility review documents;
(iii) Examination of the implementation of the outcome of tenders.
Article 16 of the Statute of the Administrative Authority for Development Reform of the Municipal Development Reform of tenders for major construction projects may take the following form:
(i) A report on the status of project construction units;
(ii) Oversight of opening tenders, tenders, and may be heard at meetings related to tendering matters;
(iii) Acknowledgement of the solicitation, tenderers, solicitation agents, relevant administrative authorities, solicitation documents;
(iv) On-site inspection to verify the results of tenders and the implementation of contracts.
Article 17: The following documents, the legitimacy and the authenticity of information and the authenticity of tendering activities for major construction projects are checked by the municipal development reform administration authorities:
(i) Documentation and information for project approval, disbursement of funds;
(ii) In the case of notices of tenders, invitations to tenders, solicitation documents, tender documents and the qualifications and qualifications of tender units;
(iii) Reports on tenders, contracts and their related documents.
Article 18 The executive authorities for the reform of the city have carried out the audit of tendering activities for major construction projects, which should be communicated in writing before five working days to the inspection unit; the situation is urgent and, with the approval of the principal executive heads of the municipal development reform authorities, can be carried out at a time of inspection.
Article 19 should be subject to inspection by the auditor under the law, such as the presentation of the facts to the inspector and the provision of authentic documentation, such as the actual reporting of significant matters in the bidding process.
Article 20
Article 21, any unit and individual have the right to complain or report to the competent authorities, the inspectorate and other relevant administrative authorities for the development of municipal development reform.
The complainant or the reporting person shall submit a written complaint or a report within 10 working days of the date on which his or her rights have been violated.
Article 22, after receipt of a complaint or a report by the municipal development reform authorities, shall be reviewed within five working days and provide written replies to which they are admissible; the relevant administrative authorities shall be informed of the administrative authorities for the reform of the city and the authorities of the municipal development reform administration.
The municipal development reform authorities should receive complaints or report, within 30 working days of the date of receipt, decide on complaints or reporting matters and inform the complainant, the reporting and the complainant, the reporting person, and other parties concerned with the complaints or reporting of results in writing.
The situation is complex and cannot be resolved within the prescribed time frame, with the approval of the executive head of the municipal development reform process, the time period may be extended appropriately and the complainant, the reporting person and the relevant parties are informed.
Article 23 found bidders, solicitation agents, tendering agents, bidders, board members and relevant staff members in violation of the Law on tendering in the People's Republic of China and the relevant accompanying regulations, regulations, and administrative authorities for the reform of urban development could be treated in accordance with the law:
(i) Removal deadlines.
(ii) Removal of tenders and bids for major construction projects during a certain period.
(iii) A fine.
(iv) Suspension or recommend a suspension of funds and financing from States and Governments.
(v) A moratorium on project construction.
(vi) Suspension of approval of new projects by project construction units.
Article 24 needs to be suspended or cancelled by the parties in conflict with the law, the licence of the suspension of the solicitation, the suspension of business, the suspension of the order, the administrative disposition, the prosecution of criminal responsibility under the law, and the authorities of the municipal development reform administration should be transferred to the relevant sector or to the judiciary.
Article 25
(i) Disclosure of the commercial secrets of the inspectorate;
(ii) Be directly involved in the evaluation as a member of the evaluation committee;
(iii) Interventions in the regular solicitation activities of the inspectorate;
(iv) Constraints of significant violations by the inspectorate;
(v) A collusion with the inspectorate;
(vi) Other violations.
In violation of the provisions of this article, administrative disposal is granted by its units, superior authorities or the inspectorate, which constitute a crime and are criminally prosecuted by law.
Article 26