Implementation Measures For The Tangshan City Government Procurement Management

Original Language Title: 唐山市政府采购管理实施办法

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(December 21, 2005 38th Executive meeting on December 28, 2005, the people's Government of Tangshan, Tangshan City people's Government [2005] the 3rd release come into force on January 1, 2006) Chapter I General provisions article to regulate government procurement procurement by the parties, improve the efficiency of government procurement funds, maintaining the lawful rights and interests of the parties in government procurement and promoting clean government, in accordance with the People's Republic of China Law on government procurement, the People's Republic of China Law on bidding
    Provisions, combined with the city's actual, these measures are formulated.
    Article into the City Government's budget management of State organs, institutions and organizations (hereinafter referred to as buyer) use of Government funds, raise funds for goods, works, services, procurement activities, these measures shall apply. Financial Fund including budget funds and extra-budgetary funds and Government funds.
    Self-financing refers to the other except the financial funds of funds, including business income, other income, of loans from national debt capital, Bank lending, borrowing, etc. Third Government procurement procurement catalog management system.
    Directory, and open bidding on government procurement quotas by the provincial government or provincial regulations in the financial sector. Fourth government procurement information shall be announced at the media specified in the financial sector.
    Bulletin includes tender notices and documents about the operation and the bid or contract results. Article fifth implementation of government procurement experts group evaluation system.
    Expert management and use, in accordance with the implementation of the administrative measures for the Hebei provincial government procurement experts. Sixth levels of supervision and management of the financial Department of the Government is the Government procurement sector.
    Is responsible for implementation of government procurement policy review, implementation of government procurement budgets; management database of experts and Government procurement government procurement information monitor and check the Government procurement activities imposed on the procuring agency operational guidance accepted supplier complaints.
    Article supervision and auditing departments at all levels shall, in accordance with their respective functions and monitoring and auditing the Government procurement activities.
    Chapter II main article eighth of government procurement government procurement include: purchaser, supplier, buyer's Agency and other procurement agencies legally recognized qualification. Nineth procurement shall establish and improve internal supervision and restriction mechanism of government procurement.
    Procurement people engaged in government procurement activities should comply with following provides: (a) implementation government procurement policy; (ii) prepared and implementation this sector, and units government procurement budget; (three) to sibling financial sector submitted about government procurement of approval or record file, and Government procurement implementation situation and statistics report; (four) according to financial sector approved of procurement way to procurement agent institutions provides government procurement project technology specification and the requirements; (five) participation review experts of extraction and participate in assessment standard Committee;
    (F) to purchase the tender documents to potential suppliers to introduce the project, organized crime scene investigation and answer questions asked by suppliers and (VII) Government procurement contracts with the successful supplier; (h) the organization purchasing the acceptance of the project work; (IX) organize the implementation of centralized procurement and purchase departments; (j) conducting a procurement funds for payments and settlement.
    Tenth supplier is pointing to the procuring entity to provide goods, construction, service of legal persons, other organizations or individuals. 11th central purchasing agency is a non-profit public institution.
    Concentrated procurement institutions engaged in government procurement activities should comply with following provides: (a) according to financial sector issued of government procurement plans, prepared government procurement tender programme or file; (ii) developed concentrated procurement operation; (three) established suppliers repository, bear suppliers secret information of confidential responsibility; (four) according to financial sector approved of procurement way and procurement people provides of procurement project, and technology specification requirements prepared tender file, released procurement information, organization tender file argument;
    (Five) according to about provides extraction review experts, specific organization opening, and assessment standard, and negotiations, and inquiry, procurement activities; (six) publicity bid candidate suppliers, to bid suppliers issued bid notice; (seven) witness procurement people and bid suppliers contract signed; (eight) is responsible for assessment standard site records, answers suppliers asked and questioned; (nine) finishing custody government procurement archives, submitted government procurement information. 12th other procurement agencies are legally established, engage in the procuratorial tender business and social intermediary organizations that provide related services. Other procurement agencies implementing government procurement business contract registration system.
    Access to provincial government procurement other procurement agencies of the supervision and management departments registration, commissioned by the purchaser may undertake government procurement matters.
    Government Procurement Chapter forms and 13th government procurement is centralized government procurement, departments, procurement, targeted procurement, supply and purchase in the form of the agreement.
    14th government procurement should be by open tender, do not meet the tender conditions can be used to invite tendering, competitive negotiations, single source purchasing, quotation and other procurement methods. 15th government procurement methods in accordance with relevant laws and regulations by the financial sector, combined with the purchases actually determine.
    Because of special circumstances, need to change the procurement method should be agreed by the financial sector.
    Various ways of purchase of the running procedures shall be separately formulated by the financial sector. Fourth chapter 16th General procedures of government procurement government procurement activities should be carried out in accordance with the following procedures: (a) the procurement in accordance with the requirements of the financial sector at the time of preparation of the annual budget, prepared proposals on government procurement in this sector, in the approved budget and approved by the financial sector.
    Temporary items that are not included in the annual budget of government procurement, procurement procedures set forth by the purchaser in accordance with the presentation of interim budget report and approval of the Department. (B) procurement project budget, funds, financed by the Treasury from the Treasury or financial accounts transferred to the centralized payment of Finance Center. Purchase belong to procuring the self-financing of the project, before the implementation of government procurement by the purchaser to the purchase funds transferred to the centralized payment of Finance Center.
    Purchase instalment of funds needed, in front of the procurement, the procuring entity in financial Central paying and receiving Center funds shall not be less than 30% of the funds required to purchase items (down payment stipulated in the contract is higher than 30%, according to the contract provisions), with the remaining funds to furnish a self-financing undertakings.
    (C) the purchaser according to fill in government procurement plan procurement budget, reported the Ministry of finance.
    (D) the financial sector under the procurement projects and regulations approved by the procuring entity of the Government purchase requisitions, issue of government procurement plan approval, and determine how the purchase, purchased by the principal procurement agency of the procuring organization, or arrange the purchase.
    Use government funds for construction project procurement, the procuring entity in accordance with plans approved by the engineering project, fill in the Government procurement of construction project schedule, reported the Ministry of finance after the signing, by principal purchasing agent of the procuring agency procurement, bidding procedures and management in accordance with the bidding law and other relevant laws and regulations shall apply.
    (E) the purchaser according to the approval of the Finance Department's procurement plans, available to procurement agencies purchase the specific technical requirements of the project, assist in the preparation of bidding documents procurement agency and signed with the procurement agency commissioned a tender agreement, specify the rights and obligations of both parties. Procuring agencies according to the purchaser's procurement technical requirements and the relevant provisions of the preparation of tender documents, public notice after the confirmation by the purchaser.
    Subject to public tender, invitation to tender, procurement and purchasing agents in the production of tender documents, should announce the Government budget. (F) procurement and procurement agency representatives in the financial sector to set up repositories of government procurement experts, experts randomly review the bid evaluation Committee, table fill in extraction and evaluation experts. Special circumstances outside the expert database of expert shall be subject to approval of the Finance Department.
    Procurement shall recommend a representative to participate in the bid evaluation Committee.
    (G) bids shall be as stipulated in the tender documents of the time, place, invited all tendering and procurement representative to attend, presided over by the procurement agency, the evaluation methods and standards established in accordance with the tendering documents, review the bid documents.
    The Evaluation Committee evaluation results to the procurement agency to submit a written evaluation report and recommend successful candidate suppliers. (H) procurement agencies according to the bid Committee's order of the winning candidate supplier, announced the winning candidate supplier lists and bid amounts, and made public for three days.
    After no doubt, with the first winning candidate supplier for the winning bidder, from procurement agencies to issue a written notification.
    (IX) purchasing or procurement agency shall from the date of winning notification issued in the 30th, in accordance with the law of contracts and tendering documents of appointment government procurement contracts with the successful supplier.
    In the performance of the contract, the procuring entity requires changes to government procurement contracts, apply in writing by the purchaser after the funding, approved by the Finance Department, go through the notice of procurement planning, bid and contract. (10) the procuring entity, in accordance with the contract terms acceptance Organization Government procurement projects, relating to industry standards should hire experts to participate in acceptance. After acceptance, fill in government procurement and inspection reports.
    Government procurement and inspection reports and related documents, fill in the Government procurement of direct payment of funds funding applications by the financial centre for centralized payment paid to the successful supplier.
    Use government funds for construction project procurement, purchasing through direct payment voucher fill in government procurement funds related applications book, prepaid or paid by the centralized payment of Finance Center project fund. 17th central procurement agency for the fifth chapter procurement is mainly responsible for government procurement government procurement projects within the directory. Public tender or invitation to tender, procurement project should be receiving the delegates determine the successful supplier in the 30th. Approved by the financial Department of procurement by non-tendering procurement methods should be identified within the 10th transaction vendor. Its staff shall not participate in, interference or influence the bid evaluation, negotiation and requests for quotations.

    Article 18th competitive negotiation, single source of procurement, inquiry methods, centralized purchasing agencies and procurement experts from the financial sector database randomly reviewer, review panel. Article 19th designated procurement agreement procurement method of supply, through public bidding in the financial sector should be conducted within the established suppliers. Need to choose another supplier due to special circumstances, should be approved by the Finance Department.
    Designated procurement supply procurement and agreement of specific management measures shall be formulated separately by the financial sector. Sixth chapter authorities the 20th for the centralized procurement department focus procurement refers to the Organization for the harmonization of the implementation by the competent departments within the Department focus procurement the procurement activities of the project.
    Meet following conditions of, by financial sector approved, can organization sector concentrated procurement: (a) has independent bear civil responsibility of capacity; (ii) has prepared tender file and organization tender of capacity, has and procurement tender project scale and complex degree phase adapted of technology, and economic, aspects of procurement and management personnel; (three) procurement personnel after provincial above government procurement supervision management sector organization of government procurement training. Article 21st directory belongs to the centralized procurement of government procurement projects to implement centralized procurement department.
    Principal procurement agency procurement, departments, centralized procurement process with reference to procurement procedures.
    22nd departments, procurement review government procurement experts from the financial sector expert database selected at random, the Department staff members may, in their expert capacity to participate in government procurement projects in this sector evaluation, negotiations or inquiry.
    Article 23rd in buyer directory within the procurement thresholds above, goods included in the list of the Ministry of Commerce of import and export of machinery and electronic products import of machinery and electronic products, approved by the Finance Department, by the principal procurement agency qualified purchasing agent of the procuring agency procurement.
    Seventh chapter record, and approval management and other matters 24th article following matters procurement people, and competent sector should reported financial sector record: (a) sector concentrated procurement institutions of determine; (ii) sector concentrated procurement specific management approach; (three) sector procurement project; (four) sector additional of government procurement budget, government procurement budget of change; (five) sector concentrated procurement tender announcement, and procurement project operation programme, and bid notice, and procurement project of contract copy;
    (F) Department of government procurement plans and increased concentration of procurement projects and (VII) the matters stipulated in other laws and regulations needed for the record. 25th article following matters procurement agent institutions should reported financial sector record: (a) concentrated procurement institutions, and other procurement agent institutions of established file; (ii) procurement tender announcement, and procurement agent institutions developed of procurement project operation Programme; (three) Government procurement project of contract copy and the concentrated procurement institutions organization of agreement supply, and Sentinel procurement agreement copy; (four) extraction review experts record table; (five) tender file, and assessment standard records, and bid notice,; (six) opening site review experts, and staff, and
    Monitors list; (g) the laws, regulations and other matters that require registration. 26th article following matters procurement people, and procurement agent institutions should reported financial sector approved: (a) Government procurement budget; (ii) procurement way and procurement way of change; (three) in procurement directory within or procurement limit standard above, procurement people for special need, need itself procurement of; (four) waste standard Hou need take other procurement way of; (five) for special situation need procurement non-national goods, and engineering or service of; (six) procurement people change procurement contract of; (seven) legal, and
    Other matters requiring approval of the regulations. 27th article in the bidding process, the procurement agency to bidding suppliers to take a certain amount of bid security, but should be indicated in the tender documents and the payment means, which amount shall not exceed 1% of the procurement project estimates.
    Consortium bid, by the governing party or submit a bid bond, each party to the consortium shall be binding. 28th procurement agency should be returned within five working days after the winning bidder notification did not bid deposit of the successful supplier; purchase returned within five working days after the contract is signed the bid deposit of the successful supplier. Procurement agency fails to refund of bid security shall, besides refund of bid security outside the capital, should also be according to the commercial bank loan interest rates rise in the same period 20% the interest rate paid after payment for the use of State funds.
    Finance the full allocation of the purchasing agency may bid service fees charged to the winning bidder. 29th the procuring entity at the time of signing contract, price can be 5-8% withholding quality deposit.
    Contracts are fulfilled, no defaults and quality problems of scouring the return. Article 30th procuring agencies may collect from the bidders bid production cost, specific charges in accordance with provincial finance, price control Department files.
    Centralized procurement organizations can not collect tender manufacturing cost, manufacturing cost is included in this level of the tender budget.
    31st expert appraisal, bid demonstrated costs of the standards prescribed by the Government financial departments at the same level.
    Eighth chapter questioned the 32nd government procurement complaints and supervision and inspection activities, suppliers need to purchaser, purchasing agent, financial sector inquiries, questions and complaints, in accordance with the People's Republic of China Government procurement law, the Hebei provincial government procurement complaint process implementation measures for implementation.
    Article 33rd financial departments exercise supervision and inspection system in government procurement, the procurement people according to law, central purchasing agencies, other procurement agencies and cover the agreement supplied or designated procurement suppliers carry out supervision and inspection. 34th audit institutions shall audit the Government procurement.
    Financial sector, activities relating to government procurement government procurement the Parties shall be subject to auditing by the auditing departments.
    35th supervisory organs should strengthen their participation in government procurement activities of the State organs of other personnel appointed by State administrative organs, Government functionaries, and implementation monitoring.
    Article 36th buyer, purchasing agents, agencies, suppliers, in violation of the Government procurement activities, by the relevant authorities in accordance with the People's Republic of China Government procurement law and other laws and regulations to deal with.
                                                                                                37th article of the rules of the Nineth chapter schedule as of January 1, 2006.

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