Administrative Measures For Bidding In Fushun

Original Language Title: 抚顺市招标投标管理办法

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(March 22, 2007, Fushun city people's Government, the 40th Executive meeting on March 28, 2007, 127th Fushun city people's Government promulgated as of May 1, 2007) Chapter I General provisions article in order to strengthen the management of tender and bid activities, protection of national interests, public interests and lawful rights and interests of the parties involved in tendering, in accordance with the People's Republic of China tendering and bidding law (hereinafter referred to as the tender Act) and related laws and regulations, combined with the practical,
    These measures are formulated.
    The second tender and bid activities in the administrative area of the city, these measures shall apply.
    Third tender and bid activities shall follow the principle of openness, fairness and justice.
    Fourth city, County (district) development reform administrative authorities responsible for the administration of bidding activity in guiding, coordinating and management as well as major construction projects during the construction project tendering for supervision and inspection supervision and law enforcement and industrial project tendering and bidding activities.
    Trade, construction, water supply, transportation, education, land, information, health, finance and other administrative departments are responsible for the monitoring of project tendering and bidding activities of the system of law enforcement. The fifth project subject to tender according to law, tender and bid activities shall not be limited by areas or departments.
    No unit or individual may illegally restrict or exclude the area, outside the system of legal persons or other organizations to participate in the tender, shall not be in any way illegal interference in the tendering and bidding activities. Second chapter tender range and scale standard sixth article following relationship social public interests, and public security of based facilities and utilities project, reached this approach Nineth article provides scale standard of, must for tender: (a) coal, and oil, and gas, and power, and new energy project; (ii) railway, and highway, and pipeline, and water and other traffic transport project; (three) post, and telecommunications hub, and communications, and information network project; (four) flood control, and irrigation, and drainage, and introduction (for) water, and beach governance, and soil and water conservation, and
    Project project; (five) road, and bridge, and sewage emissions and the processing, and garbage processing, and underground pipeline, and public parking project; (six) land development finishing, and ecological environmental protection project; (seven) water, and power, and gas, and heating project; (eight) technology, and education, and culture, and health, and social welfare, and sports, and tourism project; (nine) commodity residential, including economic applies housing; (ten) other based facilities and utilities project.
    Seventh article following using state-owned funds investment, and national financing and using international organization, and foreign Government funds of project, reached this approach Nineth article provides scale standard of, must for tender: (a) using levels financial budget funds of project; (ii) using into financial management of various Government sex special construction fund of project; (three) using state-owned enterprise institutions owned funds, and State-owned assets investors actual has control right of project; (four) using national issued bonds by raised funds of project;
    (Five) using national foreign borrowing or guarantees by raised funds of project; (six) using national policy sex loan of project; (seven) national authorized investment subject financing of project; (eight) national chartered of financing project; (nine) using World Bank, and Asia Development Bank, international organization loan funds of project; (ten) using foreign Government and institutions loan funds of project; (11) using international organization or foreign government assistance funds of project.
    Eighth article following goods procurement, and service and franchise, project, reached this approach Nineth article provides scale standard of, must for tender: (a) and this approach sixth article, and seventh article provides of engineering construction project about of survey, and design, and construction, and supervision and important equipment, and material, goods of procurement; (ii) medical institutions of medical equipment County and the County above Government, and State-owned enterprise institutions held of non-profit sex medical institutions drug of procurement; (three) national funding of research subject project;
    (D) selection of franchise investment; (v) the choice of government investment project to form; (vi) transfer of State-owned land by tender; (VII) roads, water supplies, electricity and other State monopolies or controlled facilities or products the right choice.
    Nineth article this approach sixth article, and seventh article, and eighth article provides range within should for tender of project, its scale standard for: (a) construction single contract estimates price in 1 million Yuan above of; (ii) land development finishing project value in 500,000 yuan above of; (three) survey, and design, and supervision, and research, service of procurement, single contract estimates price in 500,000 yuan above of; (four) important equipment, and material, goods of procurement, single contract estimates price in 1 million Yuan above of;
    (Five) medical equipment of procurement single pieces value in 1 million Yuan above of; (six) single contract estimates price below Qian five items provides of standard, but total investment in 10 million Yuan above of; (seven) total investment in 10 million Yuan above of Government franchise project investment subject of select; (eight) years business amount in 10 million Yuan above of road, and water, and power, by national monopoly or control of facilities or products right of select.
    Chapter three tenders and bid tenth tenderer is tendering under these measures project, tendering for legal persons or other organizations. 11th project subject to tender according to law to fulfil the project examination and approval procedures, tendering, tender Tenderer shall be organization and content of the tender, the tender submitted projects approved by the approval authority.
    Tenderer and approved scope of tendering, tender forms and tender, make the change, should be to the original project approval authority to apply for approval.
    12th article has following case one of, not suitable public tender of, by approved can for invited tender: (a) technology complex or has special requirements, only minority potential bid people can for select of; (ii) by natural resources or environment limit, only minority potential bid people can for select of; (three) involved national security, and national secret or rescue relief, suitable tender but should not be public tender of; (four) legal, and regulations provides not suitable public tender of. 13th a tenderer who adopts the public tender, should issue a tender announcement.
    Tender notice of the project subject to tender according to law, should be specified by national and provincial newspapers and periodicals, information networks or other media.
    Tender inviting tenders, 3 should be above having to undertake the project, good credit of the specified legal persons or other organizations to issue invitations to bid.
    14th the tender notice or invitation to tender shall include the following: (a) the tender number; (b) the tenderer's name and address, (iii) the contents and objectives of the project and (iv) project implementation (v) way to get or prequalification documents; (vi) the bidder's qualification requirements. 15th a tenderer who has the right to choose their own bidding Agency and authorize it to carry out the tender.
    Any unit and individual shall not in any way specify tendering Agency for the tenderer.
    16th article tender people law itself handle tender matters, should has prepared tender file and organization assessment standard of capacity, specific including following conditions: (a) has project corporate qualification or corporate qualification; (ii) has and tender project phase adapted of engineering technology, and almost budget, and financial and engineering management, aspects professional technology power; (three) has specifically tender institutions or has 3 name above full-time tender business personnel.
    Tender according to law on their own to carry out the tender, after the end of the bidding and tendering activities, should be to the city and County (district) development and reform of administrative departments. 17th a procuratorial Agency shall, within the scope of the tenderer to undertake.
    Tender agent institutions can in its qualification grade range within bear following tender matters: (a) developed tender programme, prepared and sold tender file, and qualification pre file; (ii) review bid people qualification; (three) prepared bid; (four) Organization bid people reconnaissance site; (five) organization opening, and assessment standard, assist tender people set standard; (six) drafted contract; (seven) tender people delegate of other matters.
    A procuratorial Agency shall not unauthorized Agency and ultra vires Agency shall not knowingly illegal proxy delegate matters.
    A procuratorial Agency shall accept the same tender agent and tender consulting business; without the consent of the tenderer, shall assign the procuratorial tender business.
    18th tenderer or his or her delegate, a procuratorial Agency shall not be any of the following acts: (a) providing false tender notices, documents, or in tender announcements containing fraudulent content; (b) in two or more media publish tender notices for the same tender content is inconsistent. 19th project subject to tender according to law, the Tenderer shall, in accordance with the characteristics and needs of the project preparation of the tender documents.
    Tenderer should be substantive requirements and conditions laid down in the tender documents, and eye-catching manner indicated.
    From the date of tender documents for sale until the date of sale, shall not be less than 5 business days. 20th bidder should be in accordance with the requirements of the tender documents preparation tender documents.
    The bid documents shall respond to the substantive requirements and conditions for tender documents. 21st should bidders in the tender documents required to be submitted prior to the deadline of the tender documents, tender document sealed delivery place. The tenderer upon receipt of the tender documents, bidders should be issued indicating the recipient and signed proof of time.
    In front of the opening, no unit or individual may open the bidding documents. Since the tender documents from the date of sale to the bidder submitting the tender closing date, shall be not less than 20th.
    In the tender document served after the deadline for the submission of bid documents bid documents, is not a valid tender documents.
    The fourth chapter bid opening, evaluation and winning the 22nd bids shall be established by the tender documents open at the same time of the deadline for submission of the tender; bids, bid sites should be equipped and predetermined locations in the tender documents.
    23rd opening hosted by the tenderer, and all bidders shall be invited to attend.
    24th tenderer should record the following matters in the process of opening, and archived for future reference: (a) project name, size and quantity, (ii) the time and place of the opening; (c) units and personnel attend the bid opening; (d) name of the bidders and bid and (v) other matters shall be recorded.
    Opening record by the facilitator and other associated personnel signature confirmation.
    25th bid established according to law by the tenderer's bid Committee. Evaluation Committee by the tenderer representatives and relevant technical, economic experts, are 5 or more members in the singular, where technical, economic and other experts in the field may not be less than the total number of members of the 2/3.
    Evaluation expert should in principle from provincial comprehensive evaluation experts of randomly generated.
    26th article following personnel shall not served as assessment standard Committee members, has served as of, should active avoided or be replaced: (a) and bid people or bid people of main head has near relatives relationship of; (ii) and bid people has interest relationship, may effect just review of; (three) project approval sector or administration sector of personnel; (four) in tender bid activities in the engaged in violations trained administrative punishment or criminal punishment of. 27th the bid Committee should be determined according to the tender document of assessment standards and methods, the tender documents are reviewed and compared.
    Tender documents failed to establish that the assessment standards and methods may not be as a basis for evaluation. The bid evaluation criteria and methodology set out in the tender documents shall be reasonable.
    Potential bidders may not be excluded, shall not preclude or restrict the competition among bidders.
    28th article has following case one of of, should as waste standard processing: (a) bid people without authorized to others name bid, and collusion bid, and to bribe means seek bid or to other fraud way bid of; (ii) no according to tender file requirements provides bid guarantees of; (three) no bid people statutory representative people or its authorized of agent signed or sealed of; (four) bid file contains ming of tender project completed term over tender file provides of; (five) not meet technology specifications and standard requirements of;
    (Vi) packaging of goods, inspection standards and methodologies do not meet the requirements of the tender documents; (g) the unacceptable conditions attached to the bid Inviter; (VIII) does not comply with the laws, regulations and other provisions of the tender documents.
    29th the bid Committee upon completion of the bid, shall submit a written evaluation report to the tenderer and recommend 1 to 3 qualified successful candidates, indicating the sort order.
    Successful candidate Tenderer shall be appointed by the provincial government tendering and monitoring of Internet publicity, publicity for 5th.
    30th Tenderer shall receive a written evaluation report identified in the 15th after the winning bidder, no later than 30 working days before the bid validity full OK.
    The 31st after the winning bidder is determined, the Tenderer shall be sent to the winning bidder the winning bidder notice and inform all unsuccessful bidders will bid results, and appointed by the provincial government tendering and monitoring of Internet publicity and public scrutiny. 32nd tenderer and the winning bidder shall bid in the 30th from the date the notice is issued, in accordance with the tender document tender documents and the winning bidder to conclude a written contract.
    The tenderer and the winning bidder may not conclude any other agreement contrary to the substance of the contract. 33rd Tenderer shall determine the winning bidder within 15th of tendering and bidding supervision specified in the provincial Government published online, subject to public supervision.
    Contents include: (a) the tender documents, (ii) tenders, the bidding organization and publish tender notices media; (c) the eligibility, the prequalification documents and the results of (iv) member of the bid Committee and the evaluation report (v) bid documents bid results and the winning bidder.
    34th a winning bidder shall perform obligations according to the contract, shall not transfer the winning project to another person, nor may the winning project dismembered after the transfer to others. Winning bidder in accordance with the contract or consent of the tenderer, can be part of the winning project non-subject, the critical work subcontracted to others.
    Accepting the subcontracts shall have corresponding qualifications and may not again.
    Winning bidder subcontracting should be accountable to the tenderer, accepting the subcontracts subcontracting bear joint and several liability.
    Fifth article 35th of supervision and management for Administration shall perform the following duties: (a) overseeing tendering and bidding activities implementation of legal procedures and rules, (ii) overseeing bidding parties to implement laws, rules and regulations; (c) in violation of relevant laws and regulations of the units and personnel to conduct investigations.
    Article 36th relevant administrative departments shall not violate laws and regulations increase the bidding and approval, may illegally interfere or violate the tenderer selected agencies, preparation of bidding documents, organizations tendering eligibility, determine the opening hours and locations, organizing bid, determine such matters as the winning bidder's autonomy.
    37th of municipal development and reform Administrative Department shall be appointed by the provincial government tendering and monitoring of Internet to the public in a timely manner information about the bidding process, timely notice of violations of the regulations governing bidding and results and the bidding and evaluation experts by the parties of record of bad behavior and other related information. 38th a bidder or any other interested person considers the bidding and tendering activities incompatible with the bidding law and the relevant provisions of these measures has the right to tender objection or complaint to the relevant administrative departments.
    The Administration Department is responsible for handling complaints should be made from the date of acceptance of the 30th decision, replies to the complainants in writing and confidentiality for complainants.
    39th administrative supervision according to law to participate in the bidding and tendering activities of relevant administrative departments and their staff to perform their duties of supervision and inspection, and investigation dealing with disciplinary offences under the law.
    Sixth chapter legal responsibility 40th article any units violation this approach provides, limit or exclusion this area, and this system yiwai of corporate or other organization participate in bid of, for tender people specified tender agent institutions of, forced tender people delegate tender agent institutions handle tender matters of, or to other any way interference tender bid activities, ordered corrected; on units directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions.
    41st article tender people violation this approach provides, has following case one of of, by development reform administrative competent sector or about administration sector ordered deadline corrected, can at project contract amount 5 per thousand above 10 per thousand following of fine, on using state-owned funds of project, can suspended project implementation or suspended funds allocated: (a) must for tender of project and not tender of; (ii) must for tender of project of big for small or to other way avoid tender of;
    (C) should invite bids for projects without prior approval of implementation of invitation to tender; (d) is not specified by national and provincial newspapers, information networks or other media published a tender notice.
    42nd article tender people or its delegate of tender agent institutions has following behavior one of of, by development reform administrative competent sector or about administration sector at 3000 Yuan above 5000 Yuan following of fine: (a) provides false tender announcement, and proved material, or tender announcement in the contains fraud content of; (ii) in two a above media released of same tender project of tender announcement content not consistent of.
    43rd on tender and bid activities according to law has administrative oversight responsibilities of the State organ functionary, abuse their powers, neglect their duties, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                                                  Seventh chapter supplementary articles article 44th these measures shall take effect on May 1, 2007.