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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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(The 38th ordinary meeting of the People's Government of Tangkokang on 21 December 2005 considered the adoption of the Decree No. [2005] of 28 December 2005 on the People's Government Order No. 3 of the Chittagong Hill City, effective 1 January 2006)

Chapter I General
Article 1, in order to regulate the procurement of the parties by the Government, improve the effectiveness of the Government's procurement funds, preserve the legitimate rights and interests of the procurement party, promote integrity and develop this approach in line with the provisions of the Government of the People's Republic of China, the People's Republic of China bidding law.
Article 2 incorporates the use of financial funds by State organs, business units and group organizations (hereinafter referred to as purchasers), self-financed goods, engineering, service procurement activities.
Financial funds include funds and extrabudgetary funds in the budget and government funds. Fundraising refers to other funds other than financial funds, including, inter alia, income from the cause, other income, national debt transfer funds, bank loans, borrowing.
Article 3. Government procurement is governed by a procurement catalogue management system. The Government's catalogue of procurement and the criteria for public solicitation limits are implemented in accordance with the provisions of the provincial government or the provincial financial sector.
Article IV Government procurement information should be publicized in the media designated by the financial sector. The main elements of the announcement include the solicitation notice and the related operational documents, intermediate marks or outcome.
Article 5 Government procurement introduces a collective evaluation system for experts. The management and use of evaluation experts is carried out in accordance with the methodology for the procurement of evaluation experts by the Government of Northern Province.
The Government's financial sector at all levels is the oversight authority for government procurement. Implementation of the Government's procurement policy; review, implementation of the Government procurement budget; management of the Government's information bank and Government procurement information; monitoring and inspection of government procurement activities; operational guidance for the procurement agent; and receipt of vendor complaints.
Article 7. Monitoring, auditing and auditing of government procurement activities at all levels, in accordance with their respective responsibilities.
Chapter II Government procurement subjects
The subject matter of government procurement includes procurementrs, suppliers, centralized procurement agencies and other procurement agents determined by law.
Article 9. The procurementr shall establish and improve mechanisms for the procurement of internal oversight by the Government. The procurementr should comply with the following provisions:
(i) Implementation of Government procurement policies;
(ii) Preparation and implementation of procurement budgets for this sector, unitary Governments;
(iii) Reports to the same level of financial services on the approval or documentation of government procurement, implementation of government procurement and statistical statements;
(iv) Provision of technical norms and requirements for government procurement projects to the procurement agent in accordance with procurement methods approved by the financial sector;
(v) Participation in the selection and participation of experts in the evaluation committee;
(vi) Presentation of the project to potential suppliers that purchase the solicitation documents, organization of an on-site survey and answer questions from suppliers;
(vii) A government procurement contract with a bid supplier;
(viii) Organization of the inspection of procurement projects;
(ix) Organization of the executive branch to concentrate procurement and dispersal procurement;
(x) The payment and settlement of procurement funds.
Article 10 suppliers refer to legal persons, other organizations or natural persons providing goods, construction, services to the procurer.
Article 11 focuses on procurement institutions as a non-profit enterprise. The central procurement agencies should comply with the following provisions:
(i) Preparation of government procurement solicitation programmes or documents based on government procurement plans issued by the financial sector;
(ii) The development of a centralized procurement course;
(iii) Establish a vendor information bank to assume the confidentiality responsibility for the vendor secret information;
(iv) Pursuant to procurement modalities approved by the financial sector and procurement projects, technical norms requiring the preparation of solicitation documents, the publication of procurement information and the organization of solicitation documents;
(v) To draw evaluation experts, in accordance with the relevant provisions, to organize procurement activities such as tendering, evaluation, negotiation, solicitation;
(vi) The pre-selection supplier to be issued to the successful supplier;
(vii) See the signing of the evidence-based procurement and the contract of the supplier;
(viii) Complaining on-site records and disquieting suppliers;
(ix) To collate the Government's procurement files and to submit information on government procurement.
Article 12. Other procurement agents are social intermediary organizations established by law, engaged in solicitation operations and providing related services. A registration request was introduced for other procurement agent agencies that donate the Government's procurement operation. Other procurement agent agencies that have obtained the provincial government procurement monitoring management register, and the procurementr is entrusted with the appropriate government procurement matters.
Chapter III Government procurement form and modalities
Article 13 Government procurement is divided into forms such as centralized procurement, sectoral centralized procurement, targeted procurement, agreement supply and decentralized procurement.
Article 14. Government procurement should be dominated by open tendering, without open tendering conditions, and other procurement methods such as invitations, competitive negotiations, single-source procurement, solicitation costs.
Article 15 Government procurement methods are determined by the financial sector in the light of the relevant laws, regulations and regulations. As a result of exceptional circumstances, a change in the procurement method should be agreed by the financial sector.
Specific operating procedures for various procurement methods have been developed by the financial sector.
Chapter IV General procedures for Government procurement
Article 16
(i) The procurementr prepares, in line with the financial sector's request for the preparation of the annual budget for the sector, a procurement proposal plan for the Government of the sector, which is reviewed by the financial sector at the same time as the budget for the whole sector. Interim procurement projects that have not been incorporated into the annual government procurement budget are approved by the procurementr for the interim procurement budget submission in accordance with the prescribed procedures.
(ii) Procurement projects are budgeted and out-of-funded and are transferred from the financial sector to the treasury centre from the treasury of the treasury or from the treasury of the funds. The procurement project is a self-financed fund for the procurementr and is transferred by the procurementr to the financially centralized collection centre prior to the implementation of government procurement. The procurement funds will require instalments, and prior to the procurement, the funds deposited by the procurementr into the centralization paying centre should not be less than 30 per cent of the funds required for the procurement project (the first payment of the contractual agreement is higher than 30 per cent, as agreed by the contract), and the remaining funds will be required to complete the self-financing commitment.
(iii) The procurementr submits the financial sector in accordance with the Government's procurement plan schedule for the procurement budget.
(iv) The financial sector, in accordance with procurement projects and related provisions, approves procurement requests from the Government, issue approvals for the Government's procurement plan and determines the manner in which the procurement is commissioned by the procurement agent to organize procurement or self-organization of procurement.
The procurement of construction projects using financial funds was carried out, and the procurementr had been completed in accordance with the works approved by the planned sector, in accordance with the Government's Purchase Project Plan, which had been submitted to the financial sector for the procurement of the procurement agent, its solicitation procedures and the management of the provisions of the relevant laws, regulations, such as the bidding law.
(v) In accordance with the procurement plan approved by the financial sector, the procurement agent provides specific technical requirements for the procurement project to the procurement agent, assists the procurement agent in the preparation of solicitation documents and, in conjunction with the procurement agent, signify the rights and obligations of both parties.
The procurement agent prepares solicitation documents in accordance with the technical requirements of the procurement project provided by the procurementr and the related provisions, with the confirmation of the procurementr. In the case of open tenders, invitations to tenders, the procurement and procurement agents should be made public in the production of solicitation documents.
(vi) In the information bank of government procurement experts established by the procurement and procurement agent representatives in the financial sector, the evaluation expert composition board was drawn on an random basis, and the evaluation expert presentation was completed. Special circumstances require the hiring of experts outside the expert information base, which should be approved by the financial sector. The procurementr should recommend a representative to the evaluation committee.
(vii) The opening of tenders shall be invited to participate in the solicitation documents, in accordance with the time, place specified in the solicitation documents, under the auspices of the procurement agent, to evaluate tender documents in accordance with the evaluation methodology and criteria established in the solicitation documents.
The evaluation board will assess the results of the award to the procurement agent for the written evaluation report and recommend the successful supplier.
(viii) The procurement agent, in accordance with the order of the selection of the successful supplier submitted by the evaluation board, publishes the list of the successful suppliers and the amount of intermediate tenders and makes them available for three days. Undoubtedly, a successful supplier is chosen by a pre-selection supplier and is sent by the procurement agent to its written notice.
(ix) The procurementr or the procurement agent shall, within thirty days of the date of the issuance of the letter of assignment, enter into a government procurement contract with the successful supplier in accordance with the contract law and the agreement relating to the solicitation documents.
In the performance of the contract, the procurementr will need to modify the Government's procurement contract by submitting written requests after the implementation of the funds by the procurementr, with the approval of the financial sector, to complement the procurement plan, the letter of assignment and the procurement contract.
(x) The procurementr organizes government procurement project receipts in accordance with the contractually agreed terms, involving the hiring of relevant experts for the inspection. Upon receipt of qualifications, the Government's procurement inspection report was completed. The Government's procurement receipt report and the related voucher, filling the Government's procurement funds directly disbursements, are paid by the centralization paying centre to the mark vendor.
Construction projects using financial funds are procured, and the purchaser's application for payment of funds directly from the Government's procurement funds is charged or paid by the central paying centre.
Chapter V
Article 17 focuses primarily on government procurement projects with a centralized list of procurement. An open solicitation or an invitation to tendering shall be determined within thirty days of the receipt of the requisitioner project. The procurement through non-sexclusive procurement, approved by the financial sector, should be identified as a supplier within 10 days. Their staff shall not be involved, intervened or affected by specific evaluation, negotiation and solicitation.
Article 18 uses competitive negotiations, single-source procurement, solicitation and procurement methods, and consists of an evaluation team by centralized procurement agencies and procurementrs from the pool of experts in the financial sector.
Article 19 uses a customized procurement and agreement for the procurement of goods and shall be carried out within the vendor established by the financial sector through open tendering. Additional suppliers should be granted by the financial sector due to the need for special circumstances. The specific management approach to customized procurement and agreement for the purchase of goods was developed separately by the financial sector.
Chapter VI
Article 20 focuses on procurement by sector as a procurement activity for centralized procurement projects within the executive branch. In accordance with the following conditions, and with the approval of the financial sector, a centralized procurement can be organized:
(i) The ability to assume civil responsibility independently;
(ii) The ability to prepare solicitation documents and to organize tendering, with procurement and management that are responsive to the scale and complexity of procurement solicitation projects;
(iii) The procurement officer has been trained in government procurement organized by the provincial government procurement oversight authorities.
Article 21 Government procurement catalogues are sector-wide procurement projects that can be subject to centralized procurement. A procurement agency may also be commissioned, and the sector concentrates procurement proceedings on centralized procurement procedures.
The evaluation experts that are centralized in the sector should be drawn from the Government's Procurement Assessment Expert's information bank established in the financial sector, and staff in this sector shall not participate in the evaluation, negotiation or solicitation work of the Government's procurement project in their capacity.
Article 23 incorporates the importer power products of the Ministry of National Commerce, Export and Imports and Electrical Products List, with the approval of the financial sector, and is delegated by the procurement agent to procure the procurement agent.
Resolves, clearance management and other matters
The following matters shall be submitted by the procurementr and the competent authority to the financial sector:
(i) The sectoral focus on the identification of procurement institutions;
(ii) Focusing on procurement-specific management approaches;
(iii) Sector procurement projects;
(iv) In addition to the Government procurement budget, changes in government procurement budgets;
(v) The sectoral focus on procurement solicitation announcements, procurement project operation programmes, letters of credit and copies of procurement projects;
(vi) Sectoral government procurement plans and increased centralized procurement projects;
(vii) Laws, regulations stipulate other matters that need to be submitted.
The following matters should be reported by the procurement agent in the financial sector:
(i) Focus on the creation of documents by procurement agencies and other procurement agents;
(ii) Procurement solicitation announcements, procurement project operation programmes developed by procurement agents;
(iii) A copy of the contract for the Government procurement project and a copy of the agreement on the centralization of the organization of the procurement agency for the purpose of the procurement agreement;
(iv) To draw on the evaluation of the roster of experts;
(v) The solicitation documents, the evaluation of the tender records, and the letter of assignment;
(vi) List of experts, staff and supervisors on-site evaluation;
(vii) Other matters required by law, regulations.
The procurementr and the procurement agent shall submit the approval of the financial sector in the following matters:
(i) Government procurement budget;
(ii) Modalities for procurement and changes in procurement methods;
(iii) Insofar as the procurement directory is within or above the procurement threshold, the procurementr needs to be procured on the basis of special needs;
(iv) Other procurement methods are required after the expiry of the mark;
(v) The procurement of non-national goods, construction or services for special circumstances;
(vi) Changes in procurement contracts by the procurementr;
(vii) Other matters requiring approval by law, legislation and regulations.
Article 27, in the solicitation of tenders, the procurement agent may collect a certain amount of tender securities to the tendering supplier, but shall include in the solicitation documents a reference to the payment of the method, which shall not exceed 1 per cent of the procurement project estimates. Joint tenders may be made by a party in the joint body or by a joint submission of tender bonds, which are binding on the parties.
Article XVIII The procurement agent shall return the outstanding tender bonds within five working days after the notice of the mark; and refund the bid bonds of the supplier within five working days of the procurement contract. In addition to the late non-refund of tender bonds by the procurement agent, the payment of funds at a rate of 20 per cent over the same period of interest earned by commercial banks should be made in addition to the refund of the tender bond. The procurement agent, which is fully funded, shall not be charged to the marker.
Article 29, when a procurement contract is concluded, the procurementr may deduct the quality assurance indemnity at the medium price of 5-8 per cent. The contract was completed without default and quality.
Article 33 The procurement agent may collect the bidder's fees for the production of tenders, which are implemented in accordance with the documents of the provincial fiscal, price sectors. A centralized procurement agency may also not collect the cost of the production of tenders, and the cost of the production of tenders is included in the current financial budget.
The criteria for evaluating the costs of evaluation of experts, the payment of tenders, are set out in the same Government's financial sector.
Challenge of complaints and oversight
In government procurement activities, suppliers are required to ask, challenge and complain to the procurementr, the procurement agent, the financial sector, and to implement the application of the Law on Government of the People's Republic of China, the Northern Province's procurement suppliers' complaints.
Article 33 provides for a monitoring inspection system for government procurement activities, which conducts oversight inspections by law of procurementrs, central procurement agencies, other procurement agents and suppliers that undertake agreements for supplying goods or custom procurement.
Article 34 should be subject to audit supervision of government procurement. The financial sector, the Government's procurement of government procurement activities by the parties concerned should be subject to audit oversight by the auditor.
Article XV should strengthen the inspection by the inspectorate of other personnel appointed by national authorities involved in government procurement activities, national civil servants and national administrations.
Article XVI. The procurementr, the procurement agent, the vendor's procurement activities in government procurement activities are dealt with in accordance with the provisions of the laws, regulations and regulations, such as the Government of the People's Republic of China.
Chapter IX
Article 37 of this approach is implemented effective 1 January 2006.