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(Adopted by the 21st ordinary meeting of the Government of the Turkmen Republic of 9 October 2005 No. 101 of the Decree No. 101 of 12 October 2005 of the Government of the Plurinational State of the Territory, which came into force on 1 January 2006) Chapter I General Article 1, in order to regulate tendering activities, protect the legitimate rights and interests of the State's interests, the public interest and the parties to the solicitation activities, in accordance with the relevant laws, regulations and regulations, such as the bidding law of the People's Republic of China, the application of the bidding law of the People's Republic of China. Article II applies to tendering activities and supervision management within the current municipal administration. Article 3 tendering activities should be guided by the principles of openness, equity, justice and good credit. Article IV Development and reform of the executive branch is responsible for guiding and coordinating the bidding process, and the executive branch for the development and reform of the city will oversee tendering activities for the priority construction projects identified by the Government of the city by law. The executive branch, such as the economy, commerce, water, transport, land resources and finance, should oversee, in accordance with the functional division of labour, the solicitation activities of the industry and industry projects, respectively, and the construction of various housing buildings and their subsidiary facilities, the construction and supervision of tender activities related to their construction, pipeline, installation of equipment and municipal engineering projects. Chapter II Scope and criteria for tendering Article 5 (i) The construction of a single contract estimated investments of more than 1 million dollars; (ii) Procurement of important equipment, materials, etc., with a single contract estimate of over 500,000 dollars; (iii) Procurement of services such as survey, design, treasury, etc., with single contracts estimated at more than 300,000 dollars; (iv) The single contract estimate is less than the criteria set out in subparagraphs (i), (ii) and (iii), but the total investment in the project is more than 5 million. The specific scope and scope of tendering projects should be carried out by law, regulations, regulations, and regulations are less than those standards. Article 6 (i) Energy projects such as coal, oil, gas, electricity and new energy; (ii) Transport projects such as railways, roads, pipelines, water transport, aviation, transport support and other transport industries; (iii) Communications projects such as postal, telecommunications hub, communications and information networks; (iv) Water-friendly projects such as flood, irrigation, drainage, flooding, leaching (for) water, beaching governance, water conservation, and water-friendly hubs; (v) Urban infrastructure projects such as roads, bridges, ground iron and light transport, sewage emissions and treatment, garbage treatment, underground pipelines, public parking lots; (vi) Environmental protection projects; (vii) Other infrastructure projects. Article 7 (i) Municipal engineering projects such as water supply, electricity, heating, parking greening; (ii) Projects such as science and technology, education and culture; (iii) projects such as sports, tourism; (iv) Publication, radio movie television projects; (v) Projects such as health, social welfare; (vi) Projects such as the economic application of housing; (vii) Other utilities projects. Article 8. All or part of construction projects using State-owned fund investment include: (i) The use of financial budget funds at all levels; (ii) The use of various government-specific construction funds included in financial management; (iii) The use of State-owned enterprise units to own funds and projects in which State asset investors actually have control; (iv) Project secured by State-owned enterprises or mortgaged by State-owned assets or by commercial bank loans in quality. The construction projects for national financing include: (i) The use of a national project for issuing bonds; (ii) The use of national foreign borrowing or security-funded projects; (iii) The use of national policy loans; (iv) National projects that authorize the financing of the subject of investment; (v) Nationally concessioned financing projects. Article 10. Construction projects using international organizations or foreign Governments for loans and assistance include: (i) The use of projects such as the World Bank, the Asian Development Bank and the International Financial Organization for loan funds; (ii) The use of foreign Governments and their institutions to borrow funds; (iii) The use of projects by international organizations or foreign Governments to assist funds. Article 11. Projects to be solicited by law, one of the following cases may not be made. However, no request for solicitation should be made in the context of a feasibility study, a financial request report, a project application report or a project request report, based on the nature of the project, and for reasons: (i) Special circumstances such as national security, State secret, risk relief or access to pro-poor financing, and the need for the use of farmer workers, are not appropriate for tendering projects; (ii) Surveys, designs, introduction of specific patents or technical expertise, or special requirements for their construction works, approved by the project authorities; (iii) Other projects that are not appropriate for tendering under the law. Chapter III Article 12 shall be subject to tendering, subject to the following conditions: (i) That funds or sources of funding have been implemented; (ii) The procedure for approval or approval has been fulfilled by law. Article 13 shall be solicited projects, and the solicitation programme shall be attached to the solicitation programme when the solicitation is submitted to the feasibility study of the project, the financial application report, the project application report or the project reserve report. The solicitation programmes should include the following: (i) Specific terms of solicitation for construction projects to investigate, design, construction, treasury and procurement, such as important equipment, materials; (ii) The form of solicitation organizations to be used in procurement activities, such as construction, design, construction, treasury and important equipment, materials, etc. The reasons should be given for the proposal to solicit and invite the solicitation. Article 14. Urban-focused construction projects established by the Government of the city may be invited to solicit tenders, with the approval of the Government of the city. (i) The complexity or special requirements of project technology; (ii) Special requirements for exclusive technical and patent rights protection; (iii) Public tenders for reasons such as natural resources or environmental limitations. Article 15. The solicitation solicitation shall be issued by the solicitation notice. The solicitation announcements should be made available through newspapers, information networks or other media designated by the national or provincial development and reform of the administration. The content of the solicitation announcements should be true, accurate and complete. Article 16 uses an invitation to solicitation and shall send invitations to tenders to more than three persons with the capacity to undertake the solicitation project, a specific legal person with good qualifications or other organizations. Article 17 solicitation documents for the full use of State-owned funding investments or State-owned funds for projects of ownership or ownership, shall contain the following: (i) The name of the solicitor and the name and profile of the project, the scope of tendering, the source of funds; (ii) Number, size and major technology, quality requirements for projects; (iii) The duration of the project or the delivery of services; (iv) The use of tendering for the list of works shall be made available; (v) Requirements for the preparation, submission, modification, withdrawal of sealed tenders, duration of tenders, opening of tenders and locations; (vi) The manner, place and deadline for the submission of tender documents; (vii) Requirements for tendering; (viii) Examination of the basis, criteria, methods, the principle of the mark and the main factors for the determination of the mark; (ix) The main terms of contracts and the contents of the agreement; (x) The format and appendix of the solicitation documents; (xi) Technical requirements and design documents for tendering projects; (xii) Other matters. Article 18 The solicitor shall have the following conditions, and shall be able to make its own tenders: (i) The eligibility of project legal persons or legal persons; (ii) There is a professional technical power to adapt to the scale and complexity of tendering projects; (iii) The existence of a specialized solicitation body or more than three solicitation operators with experience in similar works or projects; (iv) Persons familiar with and possessing the solicitation tender laws, regulations and regulations. The solicitation shall be made available to the solicitation project, which shall be submitted by the solicitation notice or by the issuance of the invitation to tender. Public tenders should be made in accordance with the law for all capital investments, State-owned funds accounting units or dominant construction projects. Article 19, where the solicitation owner has the terms of its own solicitation, any unit or individual shall not compel the solicitation agent to entrust the solicitation agent with the processing of the solicitation proceedings; the solicitation agent shall be entrusted with the approval of the solicitation agent, any unit or individual shall not in any way designate the agent. Article 20 The qualifications of the solicitation agent is determined to be implemented in accordance with the relevant provisions of the State. There is a subordinate relationship with the executive branch and other State bodies or other interests, and no solicitation actions shall be undertaken. Article 21 may review the qualifications of all potential bidders. A bidder that meets the prescribed conditions shall not be restricted or excluded and may not be subject to potential bidders for geographical, industrial and all different kinds of discrimination. Paragraphs Page (i) Registration by law and legal personality; (ii) Its scope and level of operation are adapted to the solicitation projects; (iii) The ability to undertake tendering projects. The bidder of the national, provincial priorities must meet the qualifications established by the State, the province. Article 23. The solicitor has the right to decide whether to set the floor. A tendering project could only be a mark. The tendering is based on the relevant provisions of the State, the province and the city. Units entrusted with the preparation of the tenders and their personnel shall not be involved in the preparation of tender documents relating to the solicitation project. As a basis for the evaluation, the mark should be confidential before the opening of the mark. Article 24 shall be fair and shall not prejudice the legitimate rights and interests of tenderers or other bidders. The bidder shall not agree either to increase or to pressure low tenders; shall not pre-empt the bidder and then participate in the tender for the quotation strategy; shall not make tenders in the form of tenderers; shall not be allowed to bid the bidder or the bid board member for bribes; nor shall tenders be made in the name of another person or, for example, with less cost than the tender, for the purpose of using the tender. Article 25 The bidder is less than three or all tenders have been rejected, and the bidder shall reproduce the tender in accordance with the law. Chapter IV Article 26 The opening is chaired by the solicitation or the solicitation agent. In opening the tender, all valid tender documents should be closed and read out. The second article is governed by the awarding committee established by law by the solicitor. The Commission is composed of representatives of the solicitor and experts in the technical, economic and social fields, with more than five members. Experts in technical, economic and social fields may not be less than two thirds of the total membership. The bidder may not enter the evaluation board of the project. The members of the experts of the evaluation board shall be drawn from the list of experts in the evaluation of the expert pool. The list of members of the evaluation board shall be confidential before the outcome of the mark is determined. Article 28 shall not be privately contacted by the bidder, shall not receive the financial or benefits of the bidder, the intermediary and other stakeholders, and shall not disclose the evaluation and comparison of the tender documents, the recommendations of the successful candidates and other information relating to the evaluation. The Commission may request the bidder to make the necessary clarifications on the content of the tender documents. The statement should be made in writing and should not exceed the scope of tender documents or change the substance of the tender documents. The CRIC determines that all tenders are incompatible with the solicitation requirements and may reject all tenders. Article 29 shall evaluate and compare the tender documents in accordance with the criteria and methods for the evaluation of tenders as set out in the solicitation documents. Upon completion of the evaluation, the bidder shall submit a written evaluation report to the bidder, recommendations 1 to 3 successful candidates and sequencing. In the course of the opening and evaluation of tenders, there are one of the following cases: (i) The solicitation documents are not sealed or are ambiguous or unidentified by key content; (ii) The solicitation documents are free of tenderers and their legal representatives or are entrusted to the agent for the printing or signature; (iii) The bidder makes joint tenders without a common bidding agreement; (iv) There was no response to the substantive requirements and conditions presented in the solicitation documents; (v) The Panel found that tenderers had made tenders on behalf of others, collusion of tenders, use of bribes or tenders in other way of circumscribe; (vi) Other non-compliance with legal, regulatory and regulatory provisions should be treated as a waste. The bidder shall determine the rank of the first successful candidate as the bidder recommended by the Commission. The bidder may determine the rank of the second successful candidate as a marker if the mark was abandoned by the mark, the non-reliable submission of the non-performance contract or the solicitation documents provided that the performance bond was not submitted within the prescribed period. For the reasons given in the previous paragraph, the bidder may identify the candidates for the third sub-six. Article 32 The bidder shall, within seven days of the date of the determination of the marker, issue the notice of the mark to the medium and communicate the findings of the mark to all outstanding bidders. The solicitation and the bidder shall enter into a written contract in accordance with the solicitation documents and the tender documents of the marker within 30 days of the date of the communication. Article 33 requires the submission of performance bonds by the marker in the solicitation documents and the amount of the performance bond is 5 to 10 per cent of the total contract value. At the time of signing the contract, the performance bonds of the marker may be submitted to the solicitor in the form of bank letters or cheques, cheques. Within 30 days after the completion of the terms of the contract, the bidder shall return the performance bonds to the markers; the non-return shall be subject to the corresponding liability for default. By refusing to submit a payment bond, the middle holder was considered to have abandoned the sub-mark item and had the corresponding responsibility for default under the law. Article 34 quantify shall fulfil its obligations under a contract agreement to complete the medium-term project. The marker shall not be transferred to another person. In accordance with a contractual agreement or with the consent of the solicitation, the middlemarker may subcontract the portion of the sub-prime, non-critical work to others. A subcontractor must have the corresponding qualifications and not be subcontracted again. The bidder shall be accountable to the solicitor for the subcontracting project and the subcontractor shall assume a joint responsibility for the subcontracting project. Chapter V Legal responsibility Article 35 bis. In violation of this approach, the solicitationer is one of the following cases and is converted by the deadline for the administrative responsibility of the executive branch concerned; projects for the full or partial use of State-owned funds may suspend project implementation or suspend the disbursement of funds; and rejects the correctness of administrative disposition of the direct responsible and other persons directly responsible: (i) The project to be tendered by law shall not be subject to the conditions of their own tendering; (ii) The city-focused construction project, which was approved by the Government of the city, has been invited to tender. Article XVI makes tenders in the name of another person or otherwise, misleading the mark, invalidity of the mark, causing the loss to the solicitor, which is liable under the law, and constitutes a crime and is criminally liable by law. Pursuant to the law, the bidder included in the solicitation project has not been guilty of the acts listed in the previous paragraph, which amounts to less than ten thousand dollars for the sub-prime project, fines of more than 10 per cent for the head and other direct responsibilities directly responsible units responsible for the unit; proceeds derived from the law and confiscated proceeds of the violation; and, in the event of serious circumstances, cancellation of the eligibility of tenders required for the solicitation by law over a period of one to three years, and notice of the business administration. Article 37 assigns the sub-signor to another person the transfer of the sub-item to transfer, after the disintegration of the sub-item to another person, in violation of the provisions of this approach, the subject matter of the sub-item, the key work subcontracted to another person or the subcontractor once again subcontracted, the transfer, invalidity, the transfer, the amount of less than ten thousand sub-projects, the proceeds of the offence and the confiscation of proceeds of the breach; the suspension of the business and the release of a serious business licence. Article 338, in violation of other provisions of this approach, is punishable by law by the relevant executive branch; constitutes an offence punishable by law; imposes liability under the law for losses incurred by others. In violation of this approach, article 39 of the staff of the State organs gives administrative treatment under the law, in favour of private fraud, abuse of authority, and neglect, which constitutes an offence and hold criminal responsibility under the law. Annex VI Any unit or person considered that the solicitation activities were in violation of the bidding law of the People's Republic of China and the approach to the application of tendering laws of the People's Republic of China and the provisions of this approach are entitled to report or complain to the relevant executive branch. The executive branch should be consulted in a timely manner, organize investigations and communicate the results. Article 40 |
