Key Benefits:
(The 40th ordinary meeting of the Municipal Government of 22 March 2007 considered the adoption of the Decree No. 127 of 28 March 2007, which was published as from 1 May 2007) Chapter I General In order to enhance the management of tendering activities, to protect the legitimate rights and interests of the State's interests, the public interest and the parties to the solicitation activities, and to develop this approach in the light of the Petitions Act of the People's Republic of China (hereinafter referred to as “the solicitation proposals law”) and relevant laws, regulations and regulations. Article 2 conducts tendering activities within the current municipal administration and applies this approach. Article 3 tendering activities should be guided by the principles of openness, equity and justice. Article IV governs the development of administrative authorities responsible for the guidance, coordination, management and supervision of tenders in the bidding process of major construction projects and oversight of tendering activities in industrial projects. The executive branch, such as UNCTAD, construction, water, transport, education, land, information industry, health and finance, is responsible for overseeing the enforcement of the bidding activities of this system project. Article 5 shall be subject to tendering by law and its tendering activities are not subject to regional or sectoral limitations. 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. Chapter II The following Article 6 projects relating to the public interest, the infrastructure of public safety and public utility must be solicited in order to meet the criteria for the scale set out in article 9 of this scheme: (i) coal, oil, gas, electricity and new energy projects; (ii) Railways, roads, pipelines, water transport and other transport projects; (iii) Postal, telecommunications hub, communications, information networking projects; (iv) To prevent flood, irrigation, drainage, flooding, leaching (for) water, beaching governance, water conservation, and water hub projects; (v) Roads, bridges, wastewater emissions and treatment, garbage treatment, underground pipelines, public parking projects; (vi) Land development and ecological environmental protection projects; (vii) Water supply, electricity, heating and heating projects; (viii) Science and technology, education, culture, health, social welfare, sports and tourism projects; (ix) Commodities homes, including affordable housing; (x) Other infrastructure and utilities projects. Article 7. The following projects using State-owned funds investment, national financing and the use of international organizations and foreign Governments to meet the scale criteria set out in article 9 of this scheme must be solicited: (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) The use of a national project for issuing bonds; (v) The use of national foreign borrowing or security-funded projects; (vi) The use of national policy loans; (vii) National projects that authorize the financing of the subject of investment; (viii) Nationally concessioned financing projects; (ix) Project on the use of loan funds from international organizations such as the World Bank, the Asian Development Bank; (x) The use of foreign Governments and their institutions to borrow funds; (xi) The use of projects by international organizations or foreign Governments to assist funds. The following items such as the acquisition, services and licence operation of goods, in order to meet the criteria for the scale set out in article 9 of this scheme, must be solicited: (i) Procurement of goods, such as survey, design, construction, treasury and important equipment, materials, relating to construction projects under article VI of the scheme; (ii) Medical equipment and the procurement of non-profit medical institutions for medical facilities and for medical facilities and for pharmaceuticals organized by state-owned enterprises units; (iii) Nationally funded research topics; (iv) The choice of the Government's investment subject to the licence operation project; (v) The choice of government investment project holders; (vi) Refer national land-use rights through tendering; (vii) Options for national monopolies or controlled facilities, such as roads, water supply, electricity, or the operation of products. Article 9 (i) The construction of a single contract estimate of more than 1 million dollars; (ii) The value of the project for the development of land is over $500,000; (iii) Procurement of services such as survey, design, treasury and scientific research, with single contracts estimated at over 500,000 dollars; (iv) Procurement of important equipment, materials, etc., with single contracts estimated at over 1 million dollars; (v) The value of procurement documents for medical equipment is more than 1 million; (vi) A single contract estimate is less than the standard set out in the previous five, but the total investment is more than 1,000 million dollars; (vii) The choice of the subject matter of investment in concessional operations projects for more than 1,000 million Governments; (viii) Options for the operation of a national monopoly or control facility, such as water, electricity, or the right of the product to operate over 1000 yen. Chapter III Article 10. The solicitationer is a legal person or other organization that submits tendering projects under this scheme. Article 11. Projects that are required by law for tendering require the execution of the project approval process, and the solicitation agent shall send the solicitation scope, the form of the solicitation organization and the manner in which the solicitation shall be approved by the project approval authority. The solicitationers should reproduce the approval process to the original project approval authorities by making changes to the extent of the approved solicitation, the form of the solicitation organization and the manner in which tenders are made. Article 12 is one of the following cases and is not appropriate for open tendering and may be invited by approval: (i) Technical complexity or special requirements, with only a few potential bidders being chosen; (ii) Be subject to natural resources or environmental constraints, only a small number of potential bidders can choose; (iii) In relation to national security, national secret or risk-recovery, appropriate solicitation but not open tendering; (iv) Laws, regulations stipulate that no public tender is appropriate. Article 13. The bidder shall issue a notice of the solicitation. A notice of solicitation for projects that are required by law shall be issued through national and provincial designated newspapers, information networks or other media. The solicitor shall, by means of an invitation to tender, issue invitations to tenders to more than three persons with the capacity to assume the solicitation project, a specific legal person with good qualifications or other organizations. Article 14. The solicitation notice or the invitation to tender shall contain the following: (i) The solicitation number; (ii) The name and address of the solicitor; (iii) The content and objectives of the solicitation project; (iv) The location of implementation of the solicitation projects; (v) Access to solicitation documents or prequalification documents; (vi) Requirements for the qualifications of tenderers. Article 15. The solicitationer has the right to choose a solicitation agent to entrust the solicitation to the solicitation. No unit or person may in any way designate a solicitation agent. Article 16 provides for the ability of tenderers to prepare solicitation documents and to organize tenders in accordance with the law, including, inter alia, the following conditions: (i) The qualifications of a project legal person or legal person; (ii) Professional technical power in terms of engineering technology, budget outline, finance and engineering management that are adapted to the solicitation projects; (iii) A specialized solicitation body or more than three full-time solicitation operations. The bidder shall, after the conclusion of the solicitation activities, proceed to the development of the administrative authorities for the reform of the administration in the city, the district (zone). Article 17 The solicitation agent shall assume the solicitation in the context of the solicitation authority. The solicitation agent may assume the following solicitation matters within its qualifications: (i) The preparation and sale of solicitation documents, prequalification documents; (ii) Review of the qualifications of tenderers; (iii) To prepare the floor; (iv) Organization of bidders to conduct a survey site; (v) Organization of tenders, tenders and assist the bidder in determining tenders; (vi) Drafting contracts; (vii) Other matters commissioned by the solicitor. The solicitation agent shall not be entitled to activism, ultra vires, and shall not be informed about the commissioning of the offence. The solicitation agent shall not accept the tendering agent and the bidding process for the same solicitation project; without the consent of the solicitation, it shall not transfer the solicitation agent operation. Article 18 (i) Provision of false solicitation notices, proof of material, or references to fraud in the solicitation notice; (ii) The content of the solicitation announcements issued by the same tendering project in the two media is inconsistent. Article 19 shall be subject to tendering projects under the law and the solicitation documents shall be prepared in accordance with the characteristics and needs of the solicitation projects. The bidder shall provide for substantive requirements and conditions in the solicitation documents and shall make a clear purpose. No less than five working days shall be required from the date of the sale of the solicitation documents to the end of the sale. Article 20 shall prepare tender documents in accordance with the requirements of the solicitation documents. The solicitation documents should respond to the substantive requirements and conditions presented in the solicitation documents. Article 21, the bidder shall send the solicitation documents in seal to the tender location before the deadline for submission of tender documents. After the solicitation documents were received by the bidder, the bidder should be given a certificate indicating the recipient and the time of the contract. Prior to the opening of the tender, no unit or individual may open the tender documents. Between the date of the sale of the solicitation documents and the date of the submission of tender documents by the bidder shall not be less than 20 days. The submission of tender documents at the deadline for submission of tender documents is not valid. Chapter IV Article 2 shall be open at the same time as the deadline for the submission of tender documents established in the solicitation documents; the opening of tenders, tendering sites should be completed and the location predetermined for the solicitation documents. The opening of tenders was chaired by the solicitor and invited all bidders to participate. Article 24 shall record the following matters in the course of the opening tender and archive: (i) The name, size and quantity of the solicitation project; (ii) The time and venue for the opening of tenders; (iii) Units and personnel participating in the opening of tenders; (iv) The name of the bidder and its bid sheet; (v) Other matters to be recorded. The opening record was confirmed by the moderator and other relevant persons present. Article 25 Findings are governed by the Commission of Commentary established by law by the solicitor. The Commission is composed of representatives of the solicitor and experts in the areas of technology, economy, with more than five members, of which experts in technical, economic and other fields may not be less than 2/3 of the total membership. The evaluation experts should, in principle, be drawn from the provincial pool of experts. The following persons in article 26 shall not serve as members of the evaluation committee, which shall be dismissed or replaced by the initiative: (i) There is close relationship with the bidder or the principal head of the bidder; (ii) The interesting relationship with the bidder may affect fair evaluation; (iii) Personnel of the project approval department or the administration sector; (iv) The commission of an offence in the solicitation proceedings is subject to administrative penalties or criminal penalties. Article 27 shall evaluate and compare the tender documents in accordance with the criteria and methodology established in the solicitation documents. The criteria and methods for evaluating tenders were not established in the solicitation documents. The criteria and methods for evaluating tenders identified in the solicitation documents should be reasonable. No potential bidder may be excluded from or limited competition among tenderers. Article 28 states that: (i) The bidder does not authorize tendering on behalf of others, collusion of tenders, solicitation by means of bribes or tenders by other means; (ii) No tender security was requested in accordance with the solicitation documents; (iii) No bidder shall be signed by a legal representative or by the agent of its delegation; (iv) The deadline for the completion of tendering projects as set out in the solicitation documents exceeded the requirements of the solicitation documents; (v) Be incompatible with technical specifications and standard requirements; (vi) The manner, test criteria and methods of packaging goods do not meet the requirements of the solicitation documents; (vii) A bidder may not accept the conditions; (viii) Other non-compliance with legal, legislative and solicitation documents. Following the completion of the evaluation, the bidder should submit a written evaluation report to the solicitor, recommendations 1 to 3 qualified candidates and indicate the order. The bidder shall provide an indication of the successful candidate's website for tendering, which is appointed by the provincial government, for a period of 5 days. Article 33 The bidder shall determine, within 15 days of receipt of the written evaluation report, the bidder shall, no later than 30 working days prior to the expiration of the tender. The bidder shall, after the determination of the middlemarker, issue the notice of the mark to the moderate markers, inform all outstanding bidders and accept public scrutiny by the Government of the province of the online guide for tendering. The solicitation and the bidder shall enter into a written contract in accordance with the solicitation documents and the solicitation documents of the marker within 30 days of the date of the communication. The solicitation and the bidder shall not re-establish other agreements that are contrary to the substantive content of the contract. Article 33 The solicitor shall open the solicitation proceedings within 15 days of the date of the determination of the marker and be subject to public scrutiny on the basis of the tendering guidelines designated by the provincial government. Contents include: (i) The solicitation documents; (ii) Modalities for tendering, the form of solicitation organizations and the media for issuing tenders; (iii) A review of qualifications and prequalification documents; (iv) The members of the Commission and the evaluation reports; (v) The outcome of the mark and the tender documents of the marker. Article 34 quantifys should perform their obligations in accordance with the contract agreement and shall not transfer the sub-mach item to another person and shall not be transferred to another person after the release of the mark project. 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 should have the corresponding qualifications and no further subcontract. 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 Oversight management Article 33, concerning the administration of justice, shall perform the following duties by law: (i) Oversight of the implementation of statutory procedures and rules for tendering activities; (ii) Oversight of the implementation of laws, regulations and regulations by tendering parties; (iii) Investigation of units and persons in violation of relevant laws, regulations. Article 36 concerning the administration of the executive branch shall not violate the legal, legislative and arbitrary increase in the solicitation approval of tenders, shall not interfere unlawfully or violate the ownership of the solicitation bodies, prepare solicitation documents, organize tender qualifications reviews, determine the time and place of opening tenders, organize evaluation, determine the autonomy of the bidder. Article 337 The executive authorities for the reform of the city shall publish, in a timely manner, the relevant information in the bidding process to the community in the form of a tendering invitation by the provincial government, the results of the processing of the infringements of the solicitation provisions and information on the adverse behaviour of tendering parties and bid experts. Article 338, or other stakeholders, considered that tendering activities were not in accordance with the provisions of the solicitation law and the present approach and had the right to challenge the solicitor or to complain to the relevant administration. The administrative management responsible for the admissibility of the complaint shall take a decision within 30 days of the date of receipt, respond in writing to the complainant and keep the complainant confidential. Article 39, the Administrative Inspectorate, in accordance with the law, monitors the performance of the functions of the executive branch and its staff involved in tendering activities and investigates violations in accordance with the law. Chapter VI Legal responsibility Article 40 does not violate the provisions of this approach by limiting or excluding the participation of legal persons or other organizations in the region, outside the present system, by assigning a solicitation agent for the solicitation, by forceing the solicitation agent to entrust the solicitation agent with the solicitation, or by any other means by which the solicitation activities are interfered with the solicitation proceedings, by order to be corrected; and by granting administrative disposal to the competent and other persons directly responsible for the unit. Article 40. In violation of this approach, a solicitor may suspend the execution of the project or suspend the allocation of funds by one of the following cases: (i) The need for tendering projects without tendering; (ii) The large or other means of circumventing tenders must be made for the purpose of solicitation; (iii) An invitation to tender shall be made without the approval of the solicitation project; (iv) Not to issue a notice of tenders through national and provincial designated newspapers, information networks or other media. Article 42, the solicitation agent or the solicitation agency entrusted by it, consists of one of the following acts, fines of up to 5,000 dollars for the development of the administrative authority or for the administration concerned: (i) Provision of false solicitation notices, proof of material, or the solicitation announcement containing fraudulent elements; (ii) The content of the solicitation announcements issued by the same tendering project in the two media is inconsistent. Article 43 imposes administrative disposition by law on the staff of the State organs that have administrative oversight functions under the law, in favour of private fraud, abuse of authority, and incentivism, and constitutes an offence punishable by law. Chapter VII Article 44 |
