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Administrative Measures For Bidding In Hubei Province

Original Language Title: 湖北省招标投标管理办法

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(Adopted by Order No. 306 of 8 July 2007 of the Government of the Northern Province of Lake Great Britain and Northern Ireland)

Chapter I General
Article 1 provides for the regulation of tendering activities throughout the province, the maintenance of tender market order, the promotion of economic construction and social development, and the formulation of this approach in line with the Petitions Act of the People's Republic of China (hereinafter referred to as the solicitation law).
Article 2
Article 3 solicitation activities should be guided by the principle of fair, fair and genuine credit. In addition to the non-application of open tenders by law, tendering activities must be made public.
Article IV, a provincial solicitation work management committee established by the Government of the people of the province, consisting of administrative authorities such as development reform, is responsible for the guidance and coordination of tender management throughout the province.
The Executive Office for the Application of tenders by the Government of the above-mentioned Region is responsible for the integrated monitoring of tendering activities within the present administration.
In accordance with national provisions, the executive authorities such as the development reform, finance, transport, construction, water, land resources, information industry, health, food medicine surveillance are responsible for the management of tenders in this sector and in the system.
The bid management offices and administrative authorities are co-ordinated and co-hosted to oversee the management of tenders under the harmonized guidance and coordination of the provincial bidding committees.
Article 5. This approach provides for projects that must be subject to tendering and must enter the tendering centre on the basis of the principle of hierarchy. Any form of external transactions is prohibited.
Any unit or person in Article 6 shall not interfere with or exclude legal entities or other organizations from the region.
Chapter II Scope of tendering
The following types of engineering construction projects, whether surveying, design, construction, administration or procurement-related equipment, materials, etc., are the scope of tendering:
(i) Large medium-sized infrastructure, public interest and public safety projects;
(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 8
(i) Energy projects such as coal, oil, gas, electricity and new energy;
(ii) Transport projects such as railways, roads, pipelines, water transport, aviation and other transport industries;
(iii) 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 facilities, 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 9. Public interest and public safety projects include:
(i) Municipal engineering projects such as water supply, electricity, heating, etc.;
(ii) Science and technology, education, cultural projects;
(iii) Sports, tourism projects;
(iv) Health, social welfare projects;
(v) Commodities homes, including affordable housing projects;
(vi) Other utilities projects.
Article 10 projects using State-owned financial 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 is self-financed and national asset investors are actually in possession of control projects.
Article 11. National financing projects 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 12. 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 Articles 8 to 12 of this approach must be solicited if they meet one of the following criteria:
(i) The cost of the construction single contract is more than 2 million yen currency;
(ii) Procurement of goods, such as equipment, material, etc., with single contracts estimated at more than 1 million yen;
(iii) Project types of services such as survey, design, treasury, etc., with single contracts estimated at more than 500,000 yen;
(iv) A single contract estimate is less than the criteria set out in subparagraphs (i), (ii) and (iii) of this article, but the total investment in the project is more than 300,000 yen.
Adjustments to the criteria set out in Article 13 of this approach are developed by the provincial development reform administration with the provincial office for tender management in accordance with national provisions and the actual situation in the province, which is published after approval by the Government of the province.
The following article 15 projects may not be solicited, but, when reporting on construction projects, requests for non-sexclusive tenders should be made for reasons and, in terms of investment management, approved by the development reform administrative authorities in conjunction with the relevant sectors:
(i) Projects involving national security, State secret and confidentiality requirements;
(ii) Emergency projects to combat flood, hijack and disaster relief;
(iii) The use of poverty-reduction funds to implement special cases such as work-raising and the need to use farmer workers;
(iv) The survey of construction projects, the design of specific patents or technology-specific, or the special requirement for their building art;
(v) States provide for other items that may not be subject to tendering.
Article 16 of the Government's criteria for the scope and scope of compulsory tendering for international tenders for procurement, electrical products are implemented in accordance with the relevant national provisions.
Chapter III
Article 17
(i) Preparation of solicitation documents;
(ii) The publication of a solicitation notice or invitation to tender;
(iii) To accept tender requests submitted by the bidder;
(iv) A review of the qualifications of tenderers and the issuance of solicitation documents and relevant information to eligible bidders;
(v) To organize field surveys by qualified bidders and to clarify relevant issues;
(vi) Preparation of tender documents and tenders as required by the solicitation documents;
(vii) The establishment of the Commission on Evaluation;
(viii) Opening, evaluation, submission of evaluation reports;
(ix) Identify the markers;
(x) A letter of assignment to be signed.
The construction projects that must be solicited in the solicitation of tenders must also be implemented by the parties concerned:
(i) In preparing and submitting project feasibility studies or project requests reports, solicitation options and solicitation organizations are presented for approval by the executive authority for development reform;
(ii) The experts of the Commission must be drawn from the directory or subsidiaries of specialists in the province;
(iii) In the first instance of the marker, the law, legislation and regulations provide otherwise, from their provisions.
Article 19 All projects requiring solicitation by national funds investment, national funds investment units or dominant positions should be made public.
The solicitation notice shall be issued by the solicitation agent or by the solicitation agent of the solicitation, using the open solicitation method.
A notice of solicitation for projects that must be made public, shall be published in the media designated by the State or the provincial people. The designated media shall not receive a notice fee.
Article 20 provides that one of the major construction projects in the province is not appropriate to make open tenders and, with the approval of the Government of the Provincial People, tenders may be invited:
(i) For technical complexity or other special requirements, only a few potential bidders can choose;
(ii) The protection of national confidentiality or patent rights;
(iii) Natural resources and environmental constraints;
(iv) New technologies or technical specifications are pre-emptive;
(v) Laws, regulations stipulate that open tenders are not appropriate.
The invitation to tenders for projects involving State secrets should be conducted under the supervision of the competent administrative authorities.
Article 21, the solicitationer has the right to choose the solicitation agent to entrust the solicitation to the solicitation. No unit or person may in any way designate a solicitation agent.
The solicitation projects must be solicited, with the following conditions and subject to the approval of the executive authority for the development reform of the administration, the solicitation process may be conducted on its own basis, but must be operationalized at the Integral Plus Centre.
(i) The eligibility of project legal persons (or legal personality);
(ii) Professional technical power in terms of engineering technology, budget outline, finance and engineering management that are adapted to the scale and complexity of tendering projects;
(iii) Experience with solicitation for the same engineering construction project;
(iv) A specialized solicitation body or a full-time solicitation operation;
(v) Acquainted and competent solicitation tenders and related regulations.
The second article shall be subject to a written report on the solicitation of tenders to the development reform of the administrative authorities, the solicitation management office and the relevant administrative authorities within 15 days of the determination of the bidder.
The written report shall include the following:
(i) Modalities for tendering, the form of solicitation organizations and the media for issuing tenders;
(ii) Prequalification documents and prequalification results;
(iii) The solicitation documents;
(iv) Review of the composition and evaluation reports of the Commission;
(v) The outcome of the mark.
Article 23 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 letter of assignment. The bidder and the bidder shall not re-establish other agreements that are contrary to the substantive content of the contract.
Article 24 specifies the chapeau of the bidder, which is established by the Office of the Provincial Accreditation Administration in accordance with the relevant provisions of the State.
Article 25
The Government's procedures for international solicitation of procurement, electrical products are implemented in accordance with the relevant national provisions.
Chapter IV Administrative oversight management
Article 26 provincial solicitation management offices will be responsible for developing projects such as national land use concessions, medical equipment and pharmaceutical pooling procurement, as well as mandatory tendering and scale criteria for goods and services projects other than engineering construction projects, with the approval of the Government.
Article 27 of the provincial solicitation management office is responsible for conducting solicitation law enforcement inspections with the relevant administrative authorities and establishing a complaints reporting system to correct and detect violations of tendering activities in a timely manner.
The second eighteen provincial solicitation management office is responsible for the planning and development of an integrated tendering centre at all levels, in accordance with the principles of cost-saving and user-friendly, and for the development and monitoring of the operation of the Integrated P bidding Centre.
Article 29 of the provincial solicitation management office is responsible for the establishment and management of a directory of provincial integrated evaluation experts to guide the establishment and operation of an expert treasury in all provinces and industries.
The rules for the selection, phase-out and evaluation of bids are developed and implemented by the Provincial Office for Topice Management.
Article 33 of the provincial solicitation management office is responsible for establishing and guiding the work of industry associations to strengthen industrial integrity systems.
Article 31 states that the Office of the Toppropriation of tenders is responsible for statistical, analytical and training of tenders for all provinces.
Article 32, the solicitation management office at all levels should carry out a full process oversight of the solicitation activities operating at the PACT. In accordance with the solicitation reports provided by the bidder, the solicitation shall not be valid unless the solicitation is provided in writing for whether the solicitation activity enters into the norms of the Integral Plus.
Article 3.13 The provincial development reform administration performs the following duties in the administration of tender administration oversight:
(i) To submit the scope, scale standards and non-relevant tendering project approval by the provincial government with the provincial bid management office and the relevant departments;
(ii) To solicit tenders from the provincial bid management office for all investment projects, including the following investment projects, to the extent of the operation of the Integral Tourcing Centre at the level of investment, and to make public use;
(iii) Where the feasibility study, initial design, project application reports are approved, the specific scope of tendering, tendering and the form of solicitation organizations are jointly approved;
(iv) Supervision of tenders for major construction projects within the province's administration;
(v) The solicitation process for industrial projects within the province (including solicitation, tenders, tenders, tenders, tenders, tenders, tenders, intermediate marks) to disclose confidential information, disclosures, collation of tenders, collusion of tenders, discrimination against tenders, etc.) is responsible for monitoring law enforcement.
Article 34 concerning administrative authorities is responsible for monitoring law enforcement of legal activities such as tendering, tenders, tenders, tenders, tenders, tenders, tenders, tenders, tenders, intermediate marks, etc. The division of responsibility is as follows:
(i) Oversight management of bidding activities in industries such as water, transport, information industries, respectively, by administrative authorities such as water, transport, information industry;
(ii) The construction and supervision of the construction of various housing buildings and their subsidiary facilities and their accompanying lines, pipelines, equipment installation projects and municipal engineering projects for tendering activities, with the responsibility of building administrative authorities;
(iii) Oversight management of solicitation activities by the International Telecommunication Products Project, which is the responsibility of the commercial administrative authorities;
(iv) Oversight management of solicitation activities that are included in the Government's procurement catalogue project, which is the responsibility of the financial authorities;
(v) The supervision of tenders by the State's land use authority, which is the responsibility of the territorial resource administration authorities;
(vi) Oversight management of solicitation activities involving medical equipment and pharmaceuticals that concentrate on procurement projects, which is the responsibility of the administrative authorities for the supervision of health and food medicine.
Regulatory management of industries, industries and other new industries, solicitation activities in the new area is implemented in accordance with relevant national provisions.
The qualifications of various solicitation agents is determined to be implemented in accordance with the relevant national provisions.
Chapter V Visitors
The Integrated Topice Centre established by the Government of the more than communes is an institution in which the Government provides public-specific services for tendering to society, whose services are not charged with transaction costs and operational requirements are included in the current financial budget.
The Integrated P bidding Centre and its staff shall not engage in fair and fair profit-making activities affecting tendering activities, such as the solicitation agent.
Article 337 The Integral Petition Centre shall publish in a timely manner information on the solicitation, collect and manage the relevant documentation of the projects entering the centre transactions, report to the solicitation management office and the relevant administrative authorities on the violations identified in the solicitation activities and assist in the investigation, assist in the establishment and publication of a record of malfunctioning tenders by the bidding management office.
The Integrated Topice Centre should establish a dedicated service area for ad hoc solicitation projects such as national land use rights.
The items that must be solicited under article 33, subparagraphs (c), (iv), VII), and (viii) of this approach must be carried out at the centre of integrated tendering.
Article 39 should select solicitation agents in an open competitive manner for the solicitation.
Article 40 shall select the marker in the order of the ranking of the candidate. In addition to the natural phase-out of the sequencing or the abandonment of power, the bidder may not phase out it if it is not possible to determine the phasing out of the situation.
Chapter VI Legal responsibility
Article 40, in violation of the provisions of this approach, requires that tendering projects are not solicited and that tendering projects must be converted into zero or otherwise circumvented by the solicitation management office and punished in accordance with the provisions of the bidding law; that all or part of the use of State-owned funds shall be subject to suspension or suspension of funds by the relevant administrative authorities in accordance with the terms of reference.
Article 42, in violation of this approach, contains one of the following acts, nullify tenders, altered by the office of the solicitation and fines for the solicitor, with a total or partial use of State funds, to be executed or suspended by the relevant administrative authorities in accordance with the terms of reference:
(i) Be not subject to the provision of the provision for the admission of tenders to the Integral Accreditation Centre or any violation of the provisions of article 38 of this approach;
(ii) Violations of article 40 of this approach.
Article 43 deals with a variety of tenders in tendering proceedings (including tenders, tenders, tenders, tenders, tenders, tenders, tenders, intermediate tenders), misleadings, disclosure of confidential information, discrimination against tenders, etc., which are addressed by law by the relevant administrative authorities or the solicitation management office.
Article 44 states that the Government of the Provincial People does not justify refusing to issue a notice of tendering or to delay the publication of a notice of tendering, which is warned by the provincial solicitation management office; in the event of a serious nature, by the Government of the province.
Article 41 Investigative tender centres and their staff are engaged in fair, fair and profitable activities or in violation of the provision of royalties for tendering activities, which are converted by the solicitation management office; and administrative disposition of direct responsibilities by the administrative inspectorate.
Article 46 State organs, State-owned enterprises and business units and their staff members shall be disposed of by the administrative inspectorate in accordance with the relevant provisions, in violation of the provisions of the relevant legal regulations and methods of solicitation of tenders;
Chapter VII
Any unit or person of Article 47 considers that the solicitation activity is not in accordance with the provisions of the solicitation tenders law and this approach and has the right to complain and report to the solicitation management office or the relevant administrative oversight department.
Article 48, which came into force on 1 September 2007, was repealed at the same time by the Government of the People of the Province on 9 November 2001 of the Integrated Approach to Toppropriation of tenders in the northern province of Lake (No. 219 of the Provincial Government Order).