Nanjing Municipal Government Investment Project Bidding Supervision Management

Original Language Title: 南京市政府投资项目招投标监督管理办法

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(July 3, 2006 Nanjing City Government Executive Conference considered through July 8, 2006 Nanjing City Government makes No. 247, announced since September 1, 2006 up purposes) first chapter General first article for strengthening on government investment project enrollment bid activities of supervision management, specification tender bid behavior, prevention and curb enrollment bid process in the of violations, according to People's Republic of China tender bid method and Jiangsu Province tender bid Ordinance, about legal, and regulations, combined this city actual,
    These measures are formulated.
    Article working in the administrative area of the city that the Government investment project bidding, supervision and management, application of this approach.
    Third government investments in these measures refers to various types of Government funds, Government funds (Fund), government lending funds and other State funds into construction projects.
    Article development and reform Department is responsible for the direction and coordination of government investment project bidding and administrative supervisory organs involved in bidding for government investment projects Administration monitor objects, auditing Department is responsible for the auditing of government investment projects.
    Development and reform, construction, transportation, water conservancy, the financial sector (hereinafter referred to as departments for administrative supervision) according to their respective duties, is responsible for the supervision and management of government investment project bidding activity.
    Fifth government investment project bidding activities must follow the openness, fairness, impartiality and good faith principles, and accept the administrative supervision and the supervision of the sector and the community, the news media.
    All units and individuals have the right to bidding for government investment project bidding activity in violation of laws and regulations monitor and report the behavior. Chapter II supervision and administration and article sixth joint meeting of the bidding system. Joint Conference by the development and reform, supervision, construction, transportation, water conservancy, finance, audit, and other departments, the development and reform of the Department is the focal point of the joint.
    Joint meetings should be held regularly, also by the constituent units proposed.
    Joint research, coordination and management of government investment project bidding supervision management on major issues in the work.
    Seventh administrative supervision departments shall carry out supervision and inspection, shall perform the following duties: (a) check the bidding activity of due process and the rule, (ii) receive and investigate complaints and reports of bidding activity; (c) oversee bidding bidding of parties in the implementation of laws, rules and regulations.
    Article eighth administrative supervision departments should establish bidding parties in China and the credit record system.
    Nineth administrative supervision departments shall carry out supervision and inspection, can take the following approach: (a) hear the report on project bidding to participate in tender and bidding, held meetings related to, (ii) access to bidding documents and materials related to the project, (iii) site supervision bid evaluation process; (d) asked the parties involved in the bid, and their associates. Article tenth bidding for administrative supervision departments should establish and improve complaint handling and processing systems. Administrative supervision departments upon receipt of the complaint, should be reviewed on 5th, and processed according to the actual situation: (a) does not meet the conditions for complaint handling, decided not to accept, and will inform the complainant in writing of the reasons for inadmissibility. Complaint material compliance, should be accepted; (b) the complaint is not complete, and should be informed at once requires corrections of material.
    Correction within the validity of the complaint the complainants submit all materials should be accepted; (c) the complaint is not part of the scope of acceptance in this sector, shall be in writing or otherwise informed the complainant's complaint to the relevant departments for administrative supervision. 11th is responsible for handling complaints of administrative supervision departments should be carried out within the statutory time limit for complaint investigation and verification, make a decision.
    Decision, shall notify in writing the complainant, respondent and other relevant parties. Administrative supervision departments when deemed necessary, can organize tender, bidders, bid Committee and other stakeholders to hold a hearing.
    Administrative supervision departments can participate in the hearing.
    Chapter III supervision and 12th should open bidding for government investment projects, in line with the conditions laid down in laws and regulations, and the provincial government, approved to bid or not to bid. 13th article government investment project of tender people has following case one of of, belongs to avoid tender: (a) involved national security without national security sector finds, involved national secret without confidential sector finds, belongs to emergency rescue relief after without right to sector finds; (ii) without project approval sector finds of building engineering additional of subsidiary small engineering; (three) will single contract estimates price is below statutory tender standard, but annual using financial sex special funds reached 1 million Yuan Yuan above, can concentrated organization, and
    Phased implementation of parts of government investment projects.
    14th using BT and BOT mode of government investment project construction, the survey design, construction, supervision, equipment and materials should be in accordance with the tender. 15th government investment project bidding should be approved by the right authority centralized trading institutions to tender and bid activities.
    Bidding set of administrative supervision departments should strengthen the institutions of management and supervision. Bidding centralized trading institutions should provide specifications for the bidding sites, information, technical advice and other related services, to provide administrative supervision departments to implement regulatory and supervisory conditions, and regulated and supervised.
    Centralized trading mechanism can be used by delegates of bidding for safekeeping the bid. 16th tenderer tendering and bidding activities shall be governed by laws and regulations, and comply with the following provisions: (a) principal-agent of the tenderer the tender, tenders estimation of individual contract price reached more than 300,000 yuan, or estimation of individual contract price is lower than the tender criteria in at least 20 million yuan of the total investment of the project should be determined by competitive bidding bidding Agency.
    Do not meet these criteria, and selection should be used, quotation and other competition selection the selected tendering Agency.
    (Ii) tender people used public tender way on bid people implemented qualification pre of, its qualification pre conditions set not reasonable and led to potential bid people less than five a of, should again set reasonable of qualification pre conditions; qualification pre qualified of potential bid people than nine a Shi, tender people can invited all potential bid people participate in bid, also can according to preferred conditions, by high to low followed by selected many Yu nine a potential bid people participate in bid.
    (C) a tenderer shall be a major deviation and shall void the terms set in the tender documents, clear, specific conditions, meaning a clear expression of the substance.
    (D) the tenderer the tender offer setting price ceilings, should express the detailed price in the tender documents.
    (E) the tenderer may not select the main project unfinished project managers involved in the project bidding.
    (Vi) a tenderer shall, after receiving the Evaluation Committee evaluation reports determine the winning bidder in the 15th, and sent to the winning bidder the winning bidder notice will inform all unsuccessful bidders bid results and the winning result in the tendering and trading place for publicity, public notice period of not less than three working days from the date of publication.
    (VII) the tenderer and the successful bidder shall bid from the date the notice is issued enter into a written contract in the 30th and 7th days of the conclusion of the contract within the administrative supervision departments. 17th a tenderer in the tender notice, prequalification documents and solicitation documents published at the same time, to the relevant departments for administrative supervision of filing procedures.
    Departments for administrative supervision shall be completed within five working days of receipt of the file record audits. Administrative supervision Department filing problems found during the review process, it should be pointed out to tender in writing in a timely manner.
    The Tenderer shall be modified in time to redistribute. Article 18th, a procuratorial Agency shall, within the approved qualifications to undertake the business.
    Bidding agency commissioned to carry out the tender, shall, in accordance with the tendering contract agreement, delegate permissions to carry out the tender within the scope, and accept supervision by the relevant departments for administrative supervision according to law.
    A procuratorial Agency shall not accept illegal contents and requirements of the delegate of the Tenderer shall not be fraud in bidding activities to the detriment of national interests and the legitimate rights and interests of the tender, bidders. 19th the Government investment project bidding evaluation experts from the national roster of evaluation experts and relevant departments of the provincial government to establish library randomly.
    Evaluation expert shall, according to law, independent, objective and fair participation in evaluation activities. Establish evaluation expert appraisal system. Regularly on the operational capacity of the evaluation expert, personal credit, participation in the evaluation and training evaluation.
    Evaluation results credited expert credit file, as a basis for selection of experts.
    Fourth chapter accountability 20th tenderer in bidding activities in violation of laws and regulations, by relevant departments for administrative supervision shall be given administrative punishments administrative supervisory organ or administrative department in accordance with administrative privileges, subject to giving managers directly responsible and other persons directly responsible for disposal constitutes a crime, criminal responsibility shall be investigated according to law; losses caused shall bear liability. Administrative supervision departments should be bidding in violation of laws and regulations timely notification of project approval and financial sectors.
    Project approval and financial sectors may suspend or suspend the allocation of funds for project implementation.
    Article 21st bidding parties and practitioners with bad credit records, departments for administrative supervision shall order the rectification, and may, if the circumstances prohibit their participation in less than three years of government investment project bidding activity. 22nd article administrative supervision sector in supervision assessment standard process in the, found assessment standard experts not according to tender file provides of assessment standard standard and method for review, score with obviously tendency and cannot made reasonable explained, interference, and effect, and hinted other assessment standard experts just assessment standard, to others revealed assessment standard content, or other violation legal, and regulations behavior of, should timely stop, give warning, will its behavior contains into credit archives, to industry informed, And the circumstances suspending the participation of evaluation experts 1-3 of government investment project bidding qualification.

    23rd about administrative supervision departments and their staff, one of the following circumstances, monitored by the relevant department or agency directly responsible for unit managers and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law. (A) limit, and exclusion this area, and this system yiwai of corporate or other organization participate in bid of; (ii) for tender people specified tender agent institutions or forced has itself tender capacity of tender people delegate tender agent institutions handle tender matters of; (three) illegal interference tender people law exercise tender autonomy of; (four) illegal interference assessment standard Committee assessment standard activities of; (five) illegal to tender bid party, and tender agent institutions charged costs of; (six) not law on tender bid activities implementation supervision,
    As well as other acts of favoritism, abuse their powers, neglect their duties. Fifth chapter by-laws 24th these measures shall come into force on September 1, 2006.
                                                                  These measures, release, prior to the implementation of the relevant provisions of the inconsistent with this regulation, is subject to this approach.