Key Benefits:
(Reviewed at the 87th Standing Committee of the People's Government of the Nakhinian Autonomous Region on 27 February 2002 by the adoption of the Decree No. 42 of 20 March 2002 of the People's Government Order No. 42 of the Honduran Autonomous Region) Chapter I General Article 1 ensures the quality of the project, in accordance with the Law on tenders in the People's Republic of China (hereinafter referred to as tenders) and the provisions of the relevant laws, regulations, in order to regulate the solicitation activities, to strengthen the oversight of tendering activities, to protect the legitimate rights and interests of the parties to the national interest, social interest and tendering activities, and to develop this approach in the light of the provisions of this self-government area. Article 2 conducts tendering activities in the administrative areas of the self-government area, and conducts administrative oversight of tendering activities and must comply with this approach. Article 3 tendering activities should be guided by the principles of openness, equity, justice and good credit. Article IV is required by law to carry out tendering projects and the legitimate rights and interests of the parties to their solicitation activities are protected by law. Any unit or person shall not be subject to a breach of a limitation or exclusion of legal persons or other organizations in the region, outside the present system, and shall not interfere in the solicitation activities in any way. Any unit and individual have the right to complain to the relevant administrative oversight authorities in violation of the solicitation laws and the provisions of this approach. Chapter II Administrative oversight Article 5 (i) To guide and coordinate tendering efforts within the administrative region of the self-government area and to develop a comprehensive policy on tendering with the relevant authorities; (ii) Designation of press, information networks or other media for issuing tenders; (iii) The organization of major construction projects in the self-government area to be inspected by the State's tendering activities in the construction of major construction projects and priority projects in the self-government area; (iv) Other administrative oversight responsibilities under laws, regulations. Article 6. The self-government sector is governed by the supervision of tendering activities in industries such as trade, water, transport, iron, civil aviation, information industry and industry projects. The establishment of administrative authorities in the self-government area is responsible for the construction and alignment of various housing buildings and their subsidiary facilities, pipelines, installation of equipment and supervision of the enforcement of the bidding activities of tenders for the renovation and municipal engineering projects within and outside rooms. The self-government area is governed by the supervision of tendering activities for the import of electrical equipment procurement projects. Article 7 Article 8. Chapter III Scope and criteria for tendering Article 9. The procurement of the following construction projects in the administrative region of the self-government area, including project survey, design, construction, treasury and essential equipment, materials, etc. relating to construction, must be solicited: (i) Project on the public interest and public safety of relationships such as large infrastructure, utilities; (ii) All or partial use of national funds investment or national financing projects; (iii) The use of international organizations or foreign government loans and assistance projects. Article 10. The scope of infrastructure projects relating to the public interest and public safety include: (i) Energy projects such as coal, oil, gas, electricity and new energy; (ii) Transport projects such as railways, roads, pipelines, aviation and transport; (iii) Postal, telecommunications hub and information networks; (iv) irrigation, leaching (for) water, water conservation and water facilities; (v) Urban facilities, such as roads, sewage emissions and treatment, garbage treatment, underground pipelines and public parks; (vi) Environmental protection projects; (vii) Other infrastructure projects. Article 11. The scope of public interest and public-security utilities projects include: (i) Water supply, electricity, heating and municipal engineering projects; (ii) Projects such as science and technology, education and culture; (iii) projects such as sports, tourism; (iv) Projects such as health, social welfare; (v) Commodities homes (including affordable housing); (vi) Other utilities projects. Article 12 Scope of national-owned investment projects include: (i) The use of financial budget funds at all levels; (ii) The use of government-specific funds included in financial management; (iii) The use of State-owned enterprise units is self-financed and national fund investors have practically own control projects. The scope of national financing projects under Article 13 includes: (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 14. Scope of projects using international organizations or foreign Governments include: (i) Project on the use of loans from international organizations such as the World Bank, the Asian Development Bank; (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. The types of construction projects within the scope of Article 10 to Article 14 of this approach include project surveys, design, construction, treasury and procurement relating to important equipment, materials and construction, which meet one of the following criteria: (i) The construction of a single contract estimate of more than 500,000 yen or more than 1,000 square meters; (ii) Procurement of important equipment, materials, etc., with single contracts estimated at more than 200,000 yen currencies and more than 100,000 yen currencies; (iii) Procurement of services such as survey, design, treasury, etc., with single contracts estimated at more than 200,000 yen currencies; (iv) A 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 yen. No unit or individual shall be allowed to make tendering projects under the law into a piecemeal or other manner. Article 17 Construction project surveys, designs, use of specific patents or technologies, or special requirements for its construction art form, with approval by the project authorities, may not be tendered. Special cases relating to national security, State secret, risk relief or the use of pro-poor funds for work-for-work and for the use of farmer workers are not appropriate for tendering projects that may not be tendered in accordance with the relevant national provisions. Chapter IV Article 18 Article 19 shall be open to tendering in accordance with the law of projects requiring solicitation, with the full use of State-owned funds or the ownership of a controlled unit or a dominant position of State funds. The local priority-building projects identified by the Government of the People's Party in the New Partnership and the Self-Government Zone are not appropriate to open tenders, which are approved by the Department of State Development Plan or approved by the Government of the People's Party of the Self-Government Zone. Article 20 shall be subject to tendering by law and, in accordance with the project construction project approval management provisions, the project construction units shall be reported to the project approval sector for approval, while reporting on the scope of tendering for the project, the form of the proposed solicitation organization and the solicitation modalities to be used. In approving the project feasibility study, the project approval department shall approve the terms of solicitation of the project, the form of the proposed solicitation organization and the manner in which it is to be used, and inform the project construction units in writing of the approved results and transmit the relevant administrative authorities. The changes in the scope of tenders approved by the project construction units, the form of solicitation organizations and the solicitation modalities should be reported to the approval of the project approval department. Article 22 (i) In accordance with the relevant provisions of the national and self-government zones, the approval process has been implemented and approved; (ii) The solicitor shall have the corresponding funds or sources of funding for the solicitation projects; (iii) A construction paper, a list of equipment and technical information capable of meeting the requirements of tendering; (iv) The project location planning sector has been approved and the construction of a “three-one parity” on the ground of recruitment and construction has been completed; (v) Other conditions under the law, regulations and regulations. Article 23. The solicitor may, on its own initiative, deal with the solicitation and may also entrust the solicitation agent body established by law with the solicitation. No unit or person may in any way designate a solicitation agent for the solicitation agent and shall not be compelled to entrust the solicitation agent with the processing of tendering. The solicitation agent shall not have a subordinate or other interest relationship with the executive and other organs. Article 24. The solicitation shall be competent to prepare solicitation documents and to organize tenders, including, inter alia, the following conditions: (i) The eligibility of project legal persons; (ii) Professional technicians with respect to the scale and complexity of tendering projects; (iii) Experience with solicitation for the same engineering construction project; (iv) A specialized engineering construction project solicitation body; (v) Other conditions under the laws, regulations and regulations. The solicitation suffice shall be made available to the relevant administrative oversight department. Article 25 (i) A written entrustment contract with the solicitation agent and the solicitation of tendering in the context of the commission of the solicitation; (ii) No transfer of solicitation agents to another person without the consent of the solicitor; (iii) No solicitation advisory services shall be conducted for the same solicitation project; (iv) No disclosure of information and information relating to tendering activities shall be made to others; (v) No collation of tenderers, tenderers shall undermine the interests, social interests or the legitimate rights of others; (vi) Other provisions relating to tendering under the solicitation law. Article 26 provides for public solicitation projects under the law, and the solicitation notice shall be issued by the licensor. In accordance with the law, the solicitation shall send invitations to tenders to more than three persons who have the capacity to assume the solicitation projects, specific legal persons with good qualifications or other organizations. The solicitation or solicitation agent shall guarantee the authentic, accurate and completeness of the solicitation notice or the content of the solicitation invitation. In accordance with the request of the solicitation project itself, the solicitor may prequalification the bidder, or may entrust the solicitation agent with prequalification of the bidder and inform the bidder in writing of the findings. The solicitor shall include in the solicitation notice or in the solicitation invitations to tender the conditions for prequalification and the means for obtaining prequalification documents. The State provides for the qualifications of the bidder. The second eighty-eighth solicitation project has a mark, and the solicitation or solicitation agent shall be prepared in accordance with the relevant provisions of the national and autonomous areas and in conjunction with market supply and demand. A solicitation project can only be developed with a mark and must be confidential. Article 29 shall prepare, clarify or modify the solicitation documents in accordance with the characteristics and needs of the solicitation project and shall comply with the following provisions: (i) No potential bidder shall be discriminated against without reasonable conditions or exclusion of potential bidders; (ii) No disclosure to others of the names, quantity and other information on tenders that have been obtained for the solicitation documents; (iii) No bidder shall be forced to form a joint tender and shall not limit competition among tenderers; (iv) No negotiations with tenderers on substantive elements such as tender price, tendering programmes may be held before determining the bidder; (v) Other provisions to be observed by the solicitor under the laws, regulations and regulations. Article 33 The bidder shall have the following conditions: (i) Registration by law with independent legal personality; (ii) The scope of operation and the level of qualifications are adapted to the solicitation projects; (iii) Technical, professional and mechanical equipment and financial capacity that bears the solicitation projects; (iv) There is good credibility and performance. The terms relating to the qualifications of tenderers or the terms of reference for the solicitation documents shall be provided by the tenderer. Article 33 The bidder shall prepare the solicitation documents in accordance with the requirements of the solicitation documents and shall comply with the following provisions: (i) No collusion of tenders may be made of fair competition among other bidders; (ii) No collusion of tenders with tenderers; (iii) No less costed bid shall be used to deceive the mark by making tenders on behalf of others or by other means. The bidder is prohibited from complicating the bidder by means of bribery of the solicitor or the member of the bid board. Chapter V The opening of tenders shall be open, under the auspices of the solicitation or the solicitation agent, to invite all bidders to participate, in accordance with the statutory procedures. At the time of the opening of the tender, one of the following cases of invalidity were: (i) The late delivery of tender documents; (ii) No sealed at the request of the solicitation documents; (iii) The solicitation documents do not include the bidder and its legal representative or the author of the agent; (iv) No ambiguity in filling or completing the ambiguities in the prescribed format; (v) Other circumstances under the laws, regulations and regulations. The mark shall not be involved in the evaluation. Article 34 quantification is the responsibility of the awarding committee established by law by the solicitor. The Commission is composed of representatives of the solicitor and the experts on the evaluation of technical, economic and related fields, with more than five members, of which experts in technical, economic and other fields may not be less than two thirds of the total membership. The bidder was identified by the solicitor from the relevant expert lists in the evaluation expert pool; special solicitation projects could be determined directly by the solicitor. The evaluation expert pool was established by the relevant parts of the self-government area in accordance with the relevant national provisions. Article 35 shall be subject to evaluation by the Commission, in accordance with the statutory procedures, to the objective and impartial discharge of its statutory responsibilities and to the responsibility for the assessment of the award. Any unit or person shall not interfere unlawfully, affect the evaluation process and results. Following the completion of the evaluation by the CRIC, a written evaluation report should be submitted to the bidder, recommendations 1 to 3 qualified candidates and indicating the order. The written evaluation report shall include the following: (i) Review of the underlying situation of tenders; (ii) The opening record; (iii) List of bidders in line with the requirements; (iv) List of members of the evaluation committee; (v) Examination criteria and evaluation methods; (vi) The evaluated bidder; (vii) The proposed list of candidates for the intermediate mark; (viii) Other provisions of laws, regulations and regulations. The evaluation report shall be signed by all members of the Commission. Article 37 shall be subject to tendering under the law, and the solicitation shall enter into a written contract with the Chinese marker within 30 days of the date of the letter of assignment and submit a written report on tenders to the relevant administrative oversight services within 15 days of the date of the determination of the marker. The written report shall include the following: (i) The scope of tendering, the form of solicitation organizations and the manner in which tenders are made; (ii) The time to issue a notice of solicitation; (iii) The solicitation documents and tender documents; (iv) The opening time and place; (v) The bidder signed the list; (vi) List of members of the Committee on the Review of the Memorial; (vii) Examination criteria and methods of evaluation; (viii) Opening, evaluation and evaluation reports; (ix) The outcome of the mark; (x) The content of other tenders to be submitted by the relevant administrative authorities. Article 338 shall fulfil their obligations under the contract agreement and complete the intermediate project by law. The solicitation documents require the submission of the performance bond by the marker, which shall be submitted within 7 days of the date of the written contract. The middlemarker's late rejection of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the performance bond was considered to have renounced the medium-term mark project and assumed the responsibility to default under the law. The bidder shall, within 30 days of full implementation of the contract, refund the performance bond to the marker. Chapter VI Corporal punishment Article 39, in violation of the provisions of this approach, imposes penalties in accordance with the relevant provisions of the solicitation law. In violation of this approach, the project construction unit, when reporting the feasibility studies of the project, did not report the scope of tendering for the project at the same time, the form of the proposed solicitation organization, as well as the proposed modalities for tendering, was warned by the project approval department to correct the order; was delayed and the feasibility study for the approval of the project was suspended. Article 40. In violation of this approach, the solicitation agent, without the consent of the solicitation, has unauthorizedly transferred the solicitation agent operation or the solicitation services provided for in the same solicitation project, is warned by the administrative authority that determines the qualifications of the solicitation body to correct the period of time; a fine of between 1000 and $100,000, and removed the qualifications of its solicitation agents; and a liability under the law for economic losses to others. Article 42 does not determine administrative penalties and may apply to administrative review or administrative proceedings in accordance with the law. The parties did not apply for administrative review, did not initiate administrative proceedings and did not comply with administrative sanctions decisions, and the authorities that had made administrative sanctions decisions applied for enforcement by the People's Court. In the solicitation proceedings, staff of the relevant administrative authorities responsible for the solicitation activities are lawfully responsible for administrative supervision, in the solicitation proceedings, in favour of private fraud, abuse of authority, negligence, etc., constituting criminal liability by law, and are not criminalized by law, and administrative disposition by law. Chapter VII Article 44 Prior to the publication of this approach, the provisions of government regulations and normative documents on tendering are not consistent with this approach and are implemented in this manner. |
