Interim Measures For Tendering And Bidding Management In Ningbo City

Original Language Title: 宁波市招标投标管理暂行办法

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(December 30, 2003 Ningbo Government 12th times Executive Conference considered through January 6, 2004 Ningbo Government makes 117th, announced) first article to strengthening on this city tender bid activities of administrative supervision management, promote tender bid activities health ordered for, protection national interests, and social public interests and tender bid party of lawful rights and interests of, according to People's Republic of China tender bid method and the other about provides, combined this city actual, developed this provisional approach.
    The second tender and bid activities in the administrative area of the city, shall comply with the People's Republic of China bidding law and other related laws and regulations and by these measures.
    Tender and bid activities shall conform to article open, the principles of fairness, impartiality and good faith.
    Fourth no unit or individual is allowed to tender and bid activities implementation of regional blockades and sectoral trade restrictions.
    No units or individuals may be legally required tender break a project or in any other way to Dodge tender.
    Fifth of municipal development planning Administrative Department is responsible for directing and coordinating the city's bid, in conjunction with the departments concerned to develop bidding comprehensive policies, coordinate with authorities in disputes and conflicts arising in the tendering and bidding activities.
    Counties (cities), district development planning Administrative Department is responsible for directing and coordinating the bidding work within their respective administrative areas. Sixth article City Government about administrative supervision sector according to their duties on tender bid activities for supervision management, specific duties Division following: (a) various housing building and subsidiary facilities of construction and with supporting of line, and pipeline, and equipment of installation project and municipal engineering project tender bid activities of supervision management, by city construction administrative competent sector is responsible for; (ii) business field enterprise fixed assets investment project and this city technology innovation project of tender bid activities of supervision management, by city economic administrative competent sector is responsible for ; (Three) imports electromechanical equipment procurement project of tender bid activities of supervision management, by city foreign trade administrative competent sector is responsible for; (four) Government procurement project of tender bid activities of supervision management, by city financial sector is responsible for; (five) medical equipment and drug procurement project of tender bid activities of supervision management, by city health administrative competent sector is responsible for; (six) business sex State-owned land right transfer in the of tender bid activities of supervision management, by city land resources administrative competent sector is responsible for; (seven) water, and gas, and
    Heating, public engineering business project investors or right select of tender bid activities of supervision management, by city city management administrative competent sector is responsible for; (eight) domestic, and water, and traffic, and information industry, industry and industry project of tender bid activities of supervision management, respectively by city trade, and water, and traffic, and information industry, administrative competent sector is responsible for; (nine) included this city focus project of tender bid activities of supervision management, by city development plans administrative competent sector is responsible for.
    Counties (cities), the district people's Government about administrative supervision departments refer to the provisions of the preceding paragraph, in accordance with their respective responsibility and authority within the administrative area of the relevant bidding and tendering activities implementation of administrative supervision. Seventh article where is People's Republic of China tender bid method third article provides range within of engineering construction project and reached following standard one of of, must for tender: (a) construction total contracting single contract estimates price in 500,000 yuan above of; (ii) important equipment, and material, goods of procurement single contract estimates price in 500,000 yuan above of; (three) survey, and design, and supervision, service of procurement single contract estimates price in 300,000 yuan above of; (four) single contract estimates price below subsection (a), and (ii), and
    (C) the provision of standards, projects involving a total investment of more than 15 million Yuan.
    Eighth article following project should used tender or legal, and regulations allows of other way determine project accept people; implemented tender way of, into law must tender of project range: (a) Government franchise project of investors of select; (ii) Government investment or Government financing project of generation built who and operators of select; (three) road, and water, and power, and communications, by national monopoly or control of facilities or products right of select; (four) medical institutions of medical equipment and drug of procurement;
    (E) State-funded project for scientific research; (vi) other projects related to the public interest and public safety.
    Nineth of municipal development plans, in conjunction with relevant departments for administrative supervision by the Administrative Department, according to the provisions of relevant laws and regulations and in this municipality, is responsible for the development and restructuring of the article seventh and eighth of the scope and size of the items listed in standard, submitted to the municipal people's Government for approval before implementation.
    Tenth law must tender bidding procedure, stipulated by the laws, rules and regulations, from its provisions not provided for by the laws, rules and regulations, by the competent administrative Department of municipal development plans together with related administrative supervision and management departments, and submitted to the municipal people's Government for approval before implementation.
    11th tenders in accordance with the relevant provisions of the State needs to complete the project approval procedures, should first carry out examination and approval procedures. 12th article City Government determine of focus engineering construction project, and all using state-owned funds investment or State-owned funds investment accounted for holding or led status of engineering construction project, should public tender; has following case one of, not suitable public tender of, can invited tender: (a) for technology complex, and professional sex strong or has other special requirements, and by natural resources and the environment limit, only minority several has qualification of potential bid people can for select of; (ii) involved national security, and
    State secrets or disaster relief, proper tender but not tender, and (c) relating to patent protection; (d) proposed an open tender cost is too high compared to the value in the project.
    Open projects according to the provisions of the tender invitation to tender, the Tenderer shall issue invitations to bid at the same time to the project approval departments and administrative supervision departments. 13th a tenderer shall be according to the project's characteristics and the need for the preparation of tender documents.
    Government tender for investment and Government-financed projects, should be in accordance with the approved preliminary design, preparation of tender documents, and record to the relevant administrative supervision departments.
    Tender for the sale of tender documents can only charge a nominal fee.
    14th according to law must tender the tender notice tender except as specified in the relevant provisions of the State newspapers, information published on the Web or other media, but should also be unified in the tendering visible market release.
    15th according to law must be tendered projects, tenders under the tendering of the nature, characteristics and requirements of the project, that is really necessary for pre-qualification of bidders shall prepare pre-qualification conditions and methods, set out in the tender notice or in the invitation to tender, and to the relevant departments for administrative supervision for the record. Drug procurement projects such as the tenderer intends to limit the number of bidders should be set forth in the tender notice after examining the number of bidders, conditions and method selection and pre-qualification of bidders; in equal conditions, the Tenderer shall select bidders through fair competition.
    Limited number of bids shall not be less than 15.
    No pre set forth after the bidders in the tender notice number and the way, the tenderer may not restrict bidder bids meet the prequalification criteria.
    The Tenderer shall not be unreasonable conditions restrict or preclude potential bidders may not discriminate against potential bidders treatment.
    16th tenderer to authorize a procuratorial Agency to carry out the tender or on their own to carry out the tender according to law.
    Projects must be tendered according to law, the tenderer to complete the tender should have the capacity to prepare the tender documents and organizing bid, and supervision and management to the relevant administrative departments.
    The tenderer does not have its own tender conditions, should be entrusted with the appropriate qualifications, a procuratorial Agency to carry out the tender, and principal-agent contract signed.
    17th tendering Agency must be established by law, engage in the procuratorial tender business and social intermediary organizations that provide related services.
    A procuratorial Agency shall not with the administrative authorities and other State bodies of subordination relations or other interest.
    Relevant government departments should actively develop and standardize tendering agency market in the city, bidding agency establish an industry self-regulatory organization of the Guide. 18th bid established according to law by the tenderer's bid Committee.
    List of members of the bid Assessment Committee shall be kept confidential before the bidding result determined.
    Projects must be tendered according to law, the bid Committee by the tenderer representatives and relevant technical, economic and other aspects of evaluation experts, membership for 5 or more singular, where technical, economic and other experts in the field may not be less than the total number of members of the two-thirds.
    Evaluation expert should be established according to law by the tenderer's evaluation experts randomly from a list of experts in the related field; technology is particularly complex, professional and extreme demands or have special requirements by the State tender, randomly determined expert could not do, can be directly determined by the tenderer.
    Municipal development planning administrative departments shall, jointly with relevant departments to establish a unified roster of evaluation experts. Article 19th must tender, the tenderer to be the winning bidder before issuing the notification and shall promptly bid results in tender and bid on the physical market and other specified media publicity. The bid result announcement period usually no less than 3rd.
    Public notice period, bidders and other stakeholders have the right to tender and challenge the relevant departments for administrative supervision or the application for verification. Tenderer shall in determining the winning bidder within 15th bid submitted to the relevant departments for administrative supervision of the written report.
    Written report should include the following: (a) scope of tender, (ii) tenders and publish tender notices media; (c) the instructions to bidders in the tender documents, technical terms, evaluation standards and methods, the main terms of the contract; (d) the composition of the Evaluation Committee and the bid evaluation report; (v) the bidding result. 20th the tenderer and the winning bidder should be in accordance with tender documents and the winning bidder file a written contract.

    The tenderer and the winning bidder shall submit a performance guarantee in accordance with the provisions of the tender documents. 21st a winning bidder shall perform obligations in accordance with the contract and complete the winning project.
    Winning bidder may not transfer the winning project to another, or transfer the winning project respectively after mutilated to others.
    22nd winning bidder in accordance with the contract or the tenderer agrees, winning project can be non-subjective, non-critical part of the work subcontracted to others, and subcontracting should be accountable to the tenderer. The winning bidder and accepting the subcontracts shall sign a written contract. Accepting the subcontracts shall have corresponding qualifications and subcontracting should be joint and several liability.
    Subcontracting units accepting the subcontracts shall not be again.
    The tenderer may not express or imply the winning bidder will be a part of the winning project to others.
    23rd of municipal and County (City), the district can legally established tendering services, bidding activity bid opening, bid, bid for public places and information network services.
    Tendering service institution and the executive authorities, other State agencies and tendering agency relationship of subordination or other interests.
    Tendering service agencies should regulate service content, improve services, and should be attached to its tendering visible market free of the tenderer for the publication of tender notices, public bidding result.
    24th article established City this level tender bid tangible market, concentrated handle City this level and Haishu district, and jiangdong district, and, Jiangbei district,, and city Technology Park, and dongqian Lake tourism resort of following tender bid matters: (a) engineering construction project (including municipal, and garden, and water, and traffic, and power, engineering) and focus project of design, and survey, and construction, and supervision and and engineering construction about of important equipment, and material of procurement; (ii) imports electromechanical equipment procurement; (three) medical institutions of medical equipment and drug of procurement;
    (D) management of State-owned land use right transfer; (e) Government procurement; (vi) other tendering matters involving public benefits and services.
    25th concerning administrative supervision departments should strengthen supervision on tender and bid activities, standardize bidding behavior, suppression of unfair competition.
    Article 26th bidding and tendering agency ought to bid, bid, bid evaluation and calibration processes for verbose logging, and shall tender programme, tender documents, tender notices, pre-qualification of bidders, bid documents, evaluation reports, contracts, questioning reply, complaint handling decisions and other relevant documents data archives.
    27th about administrative supervision departments should be legally required tender bid to track contract compliance monitoring, organization checks and sampling results to the public.
    Relevant departments for administrative supervision shall be notified of problems found in the supervision process project approval authority and the tenderer, project examination and approval Department according to the suspension of the project implementation.
    28th administrative supervision departments shall, in discharging its oversight responsibilities, shall not increase the tender approval, may illegally interfere or violate the tenderer selected bidding Agency, preparation of tender documents, organizations tendering eligibility, organizing bid and determine the winning bidder's autonomy, not violation charges. Article 29th all units and individuals have the right to tender and bid activities in violation of the People's Republic of China bidding law and reports and complaints of acts as provided herein.
    Administrative supervision departments concerned upon receipt of the complaint letter and request verification letter, you must promptly investigate and deal with and respond to.
    Relevant departments for administrative supervision shall keep confidential informants and complainants.
    Article 30th departments for administrative supervision shall include a tender man, bidder, bidding Agency, evaluation of tender and bid activities, personnel parties credit history and credit rating system, and should be relevant, business credit, credit history available to information centres, into a unified credit information database management.
    31st tenderer, bidder, bidding Agency, bid Committee members, and members of the executive staff in violation of these rules, laws, regulations, rules and Government regulations have provisions, in accordance with relevant regulations shall be investigated for legal responsibility; laws, regulations, rules and Government regulations are not set, application of this regulation.
    32nd article tender people violation this approach provides, will City Government determine of focus engineering construction project and all using state-owned funds investment or State-owned funds investment accounted for holding or led status of engineering construction project, unauthorized invited tender of, tender invalid, and law be processing; to bid people caused loss of, law bear compensation responsibility; which all using state-owned funds investment or State-owned funds investment accounted for holding or led status of project, can suspended project implementation or suspended funds allocated.
    33rd according to law must be tendered for the project, the tenderer should the bidding result of publicity without public notice, or the tenderer is not in the specified places published call for tender, the bidding result of publicity, the relevant administrative regulatory agency ordered to rectify, and can be fined a maximum of between 2000 Yuan and 500 Yuan.
    34th article law must tender of project, bid people to bid quotes below cost price of way cheat bid of, bid invalid, to tender people caused loss of, law bear compensation responsibility; led to government investment project contract cannot all perform of, by about administrative supervision management sector canceled its 3 years to 5 years within participate in government investment project of bid qualification, and in public media Shang exposure.
    35th on the increased administrative supervision departments without authorization and approval, fees and illegal interference or violation of the autonomy of the tenderer and for reports or complaints are not processed in a timely manner, or do not keep their informants confidential, by the competent authorities it shall be directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions.
    Administrative supervision departments staff using illegal interference or violation of the autonomy of the tenderer, in accordance with the preceding paragraph shall be investigated for responsibility.
      36th these measures shall come into force on February 10, 2004.

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