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Comparison And Selection Of Construction Method Of Sichuan Provincial Government Investment Projects

Original Language Title: 四川省政府投资工程建设项目比选办法

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(Summit No. 80 of the Government of the Sichuan Province of 19 December 2005 to consider the adoption of the Decree No. 197 of 15 February 2006 of the Order of the People's Government of the Sichuan Province, which came into force on 15 February 2006)

Article 1 ensures the quality of the project, saves investment, improves efficiency and develops this approach in line with national legislation, legislation and regulations.
The second Government's investment construction project should be guided by the principles of openness, equity and justice and should be simple, efficient, cost-effective and effective.
Article 3 applies to the Government investment engineering projects in the administrative regions of Sichuan Province, including the project construction, survey, design, treasury and the acquisition of important equipment, materials, such as engineering construction.
The overall level of investment under the preceding paragraph reached the following criteria in the following US$ 300,000 yen currency, which should be selected in proportion to the provisions of the scheme:
(i) The construction of a single contract estimate of 2 million yen currencies (non-concluding, below the same) of more than 200,000 yen currencies (concluding, below);
(ii) A single contract estimate of more than 50 million dollars for survey, design services;
(iii) A single contract price of over 50,000 people's currency;
(iv) A single contract estimate price for the procurement of goods, such as equipment, materials, etc., that are more than 1 million yen currency.
The Government of the city (State) can set specific criteria for the region to be selected on the basis of local realities, but it must not narrow the scope of the scheme.
Article IV must carry out tendering projects and, after the failure of two tenders by law, with the consent of the Government's investment authorities to discontinue tenders, the contractor should be identified through a selection.
Article 5. The comparative selection referred to in this approach refers to the pre-selection conditions and requests from the voluntary list of candidates, which are invited to participate in the project in the manner specified in the present approach or by other economic organizations, with the selection and determination of the conduct of the electorate.
The selection may not be subject to unreasonable conditions restricting or excluding potential candidates, without discrimination against potential candidates, and may not be required for potential candidates to submit excessive qualifications and other requirements incompatible with the actual requirements of the selection project.
Article 6. Government investment construction projects referred to in this approach refer to projects that use financial investment or national financing in all or part. Includes:
(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 a national project for issuing bonds;
(iv) The use of national foreign borrowing or security-funded projects;
(v) Other government investment construction projects identified by the Provincial Government.
No unit or individual may be required to make a difference in the selection of a project or to circumvent it by any other means.
No unit or individual shall be allowed to circumvent or replace tenders by means of a selection.
Article 8
The above-mentioned investment manager, finance, auditing and other sectors are responsible for monitoring the Government's investment engineering construction projects on the basis of their respective responsibilities.
The relevant industry authorities, such as the city, the district, etc., have strengthened the supervision of the Government's investment in construction projects in the industry on the basis of their respective responsibilities, by disclosing confidential information, collusion, discrimination against candidates for selection, deception, unlawful transfer kits or subcontracting.
Article 9 is a legal person or other organization that conducts a comparable choice, in accordance with the provisions of this approach, for the formulation of a comparative selection project.
The selection programme includes requirements such as the scope of the selection, the level of qualifications of the applicant, the number of invited applicants, the number of contracts to be divided, and the draft selection plan. The successful candidates are required to submit the performance bonds, which should be noted in the selection programme.
The selectioner shall be given to the Government's investment authorities by three years before the issuance of the Government's bulletin and be sent to the relevant industry authorities.
Article 10 is a legal person or other organization that responds to the selection requirement, meets the qualifications set out in the selection notice and participates in a competitive choice.
No legal person or any other subsidiary body(s) that provides a survey, design, custodial, advisory services and a unit of authority may participate in the project's construction, equipment and material procurement.
The statutory representative is two and more legal persons of the same individual, and parent companies, full-time companies and their control units shall not be allowed to participate in the same project at the same time.
Article 11 must be a project that is comparable and should be issued free of charge in the public media designated by the provincial development reform sector, while the media openly represent the applicant's voluntary name on the electronic data exchange network.
More than elective announcements should contain the name and address of the selected person, the nature of the project, the number, the place of implementation and the time, the qualifications of the applicant, the terms of the mandatory criteria, and the name of the presentation. A minimum of three working days may not be allowed to be given less than the time required by the optional notice.
The name is given to the conditions set out in the selection announcement, such as the selection of the applicant's certificate of qualifications.
Two to three candidates were identified by the selectioner as invited to participate in the competitive selection. The candidates should, within that framework, pre-defined the number of persons who were invited and set out in the bilingual announcement.
Article 12. When a comparison of the selection, it should be communicated to the Government's investigatory authorities, the inspectorate and the relevant industry authorities to the field supervision.
More than two candidates who meet the conditions set out in the above-selected announcement are equal or less than the number of invited candidates identified in advance, and the number of candidates shall be extended to all candidates.
The number of candidates eligible for a higher than the predetermined number of invited candidates, which are determined in advance by the number of invitations from the candidates for which they are chosen, is determined by the number of candidates who are invited to choose from the same time as the candidates for the selection. The candidates should communicate the content, characteristics and requirements of the selection project in writing to the invited.
Article 13 is invited to prepare implementation programmes and offer offers based on the characteristics and requirements of the selection project.
The evaluation committee, which was formed by a different candidate, was negotiated and evaluated with the lesson.
The Evaluation Committee consists of professionals in the areas of technology, economy, tendering and membership of three or more.
The selection cell does not have the professional talent provided in the previous paragraph and should be supplemented by an exploratory expert in the Sichuan province.
One of the following cases shall not serve as members of the Evaluation Committee:
(i) The principal head of the applicant and his close relatives;
(ii) Personnel of project authorities or administrative authorities;
(iii) The economic interest of the applicant may affect a fair evaluation than the selection.
The members of the evaluation committee had one of the pre-defined circumstances and should be offered to avoid them. Without the initiative of avoiding, it has been found that its participation should be terminated immediately.
Article 14.
(i) The development of a reference rule. The selection rules should clarify matters such as the selection process, the content of negotiations, the evaluation criteria and the draft contract.
(ii) Be selected. All members of the Evaluation Committee are concentrated in negotiations with single-selected applicants. In the course of the negotiations, no party to the negotiations shall disclose technical information, prices and other information relevant to the negotiations.
(iii) Identify the successful candidates. Upon the conclusion of the evaluation, the Evaluation Committee shall require all candidates who participate in the negotiations to undertake final offers within the specified time frame. The electorate shall determine the selection by comparing, selecting and determining the successful candidates in accordance with the principle of equal quality and service of the project.
Article 15 has one of the following cases and should be re-elected according to this approach:
(i) All candidates who are selected are not in accordance with the conditions set out in the selection notice;
(ii) Less than two candidates for election;
(iii) All bidders are higher than the approved estimates or evaluated budget investments.
Article 16, in line with article 15 of this approach, provides for the re-organization of a relapse by law, which may no longer be selected after the consent of the Government's investment authorities. The selection is no longer more than the selection of the contractor directly, but the selection of the contractor is given priority under the same conditions in the same conditions as the selection of the candidate for a competitive selection and in accordance with the conditions set out in the selection notice.
Article 17 shall determine the successful candidates within 15 days of the deadline for the submission. The selection of the electorate has not been determined at the end of the period, and the candidates shall be informed in writing on the reasons for the extension. The extension period should not exceed 15 days.
The selection shall be given to the successful selection and shall issue the notice of the successful outcome to the unselected candidates.
The selection applicant and other stakeholders argue that the activities are not in accordance with the provisions of this approach procedure and that complaints should be made to the supervisory authorities within three days of receipt of the letter of selection or the letter of selection. The late complaint is inadmissible.
Article 18 shall enter into a written contract within three days of the date of the issuance of the successful letter of credit, 10 days after the date of the signing of the contract, which shall be submitted to the Government's investment authorities in advance of 5 days from the date of the signing of the contract and reproduced the relevant industry authorities.
The successful party in the contract agreement shall submit the performance bonds, which shall not exceed 10 per cent of the amount of the contract.
Article 19 The price of the contract by both parties shall not be higher than the approved estimates of investments or the amount of the assessed budget investment.
Article 20 shall complete the successful project in accordance with the contractual agreement.
The electorate shall not transfer the successful items to another person, nor shall it be transferred to another person after the election of the project is dispersed.
In accordance with the contractual agreement, the successful selection of a part of the non-main and non-critical work could be subcontracted to others. A subcontractor shall have the corresponding qualifications and shall not be subcontracted again. The subcontractor shall not be designated directly by the choiceor.
The electorate shall be responsible for the subcontracting project to the comparator and the subcontractor shall assume a joint responsibility for the subcontracting project.
Article 21, in violation of this approach, requires a project that is less than one option, to be restructured in a vetted project or otherwise circumvented by the Government's investment authorities for a period of time to be converted to a fine of up to $20,000 under circumstances; a moratorium on the execution of the project or a suspension of funds.
Article 2 is one of the following cases in which a Government investigatory period is being converted, and can be criticized for a fine of up to 10,000 dollars in the circumstances:
(i) Not to issue a comparative announcement as prescribed;
(ii) No comparison of the vetting programme;
(iii) No comparison based on mandatory norms;
(iv) The selection of an invited person as defined;
(v) The pre-selection letter was not sent by the candidate.
In the case indicated in the previous paragraph, the Government's investment authorities are responsible for re-organizing the selection compared with the selection; the loss is due to the selection of candidates, which should be compensated for direct economic losses.
Article 23 does not carry out the contract with the comparator, the performance bond shall not be returned and the award shall be compensated for in excess of the performance bonds for the benefit of the selectioner and the corresponding liability for default; in the event of serious circumstances, the Government's investigatory authorities shall remove the eligibility of their applications to participate in the vetting project within the period from 2 to 5 years and shall be issued in a notice until the licence of business administration is revoked by law.
The preceding paragraph is not applicable because force majeure cannot be concluded or fulfilled its contractual obligations.
Article 24 does not provide for the submission of back-to-back material or the provision of false back-up materials, which is being converted by the Government's investment authorities, and refuses to reproduce, with a fine of up to 1 million dollars.
Article 25 Comparison of confidential information, collusion, exclusion of discrimination from the choice of applicants, vetting, delinquent referrals or subcontracting by the relevant industry authorities, and may be criticized; in the event of serious circumstances, the fine of up to $20,000 could be fined.
In the case indicated in the previous paragraph, the selection of a higher proportion of the relevant industrial authority is due to the invalidity of the previous paragraph, and the loss of the selection of the candidate should be compensated for the direct economic loss.
Article 26, in violation of this approach, provides for units engaged in comparable activities, to be administratively disposed of by competent and other persons directly responsible for them by the competent organ of the authority, in the circumstances of a serious nature, by limiting or prohibiting their participation in alternative activities; and by bringing criminal responsibility under the law.
The second article is based on a government investment engineering project by industry authorities as a comparator, where the Government's investment authorities disclose confidential information on the selection process, collusion, exclusion of discrimination from the applicant, deception of the selection of the successful candidates, the transfer of the law or subcontractor.
Article 28 of the Government's investigatory authorities may suspend project implementation on a case-by-case basis when the complaint is admissible or the investigation is chosen for violations.
The relevant administrative authorities should notify the Government's investment authorities in a timely manner when they receive complaints or identify violations than they are selected, and the Government's investment authorities may suspend the project on a case-by-case basis.
Any unit of article 29 or an individual's unlawful intervention in the selection process or outcome shall be changed by an order of responsibility of the competent organ; administrative disposition of the head of the unit and other responsible persons in accordance with the circumstances.
In cases where staff members of the oversight department abuse their duties, play negligence, favouring private fraud, are treated in accordance with the law; they constitute criminal liability by law.
The inspection body should strengthen the implementation of administrative inspections by other personnel appointed by State bodies involved in the selection process, national civil servants and national administrations.
Article 33 may apply for administrative review or administrative proceedings in accordance with the law, as opposed to administrative penalties by the chosen party. The failure to apply for reconsideration or the prosecution of the People's Court is not in compliance with administrative sanctions decisions, and the executive body that has made administrative sanctions decisions apply for enforcement by the People's Court.
Article 33 Government investment construction projects that are entrusted with tendering will need to be implemented in the light of the principles set out in this approach by determining the solicitation agent body by a comparison of the selection.
Article 32 of this approach provides for a project that should be selected on a comparative basis, and the Government of the city (State) considers the need for tendering and may decide on tendering. The executive branch should oversee the management of projects that must be solicited, in accordance with the provisions of the Law on tendering for tendering for the National People's Republic of China and the National Investment Engineering Facility for the Sichuan Province.
National investment construction projects in non-governmental investments are implemented by the Governments of the municipalities (States) in the light of this approach.
Article 33 uses international financial organizations or foreign government loans, construction projects, lenders and fund providers with special provisions, subject to the provisions of the social interest of the People's Republic of China.
Article 34 Government investment construction projects, which are below the selection threshold, may determine contractors, taking into account competitive negotiations in government procurement, single-source procurement, solicitation, etc., and more people in the district (market, area) and government investment authorities, relevant industry authorities and financial, auditing authorities should strengthen oversight management in accordance with their respective responsibilities.
Article 55 of this approach was implemented effective 15 February 2006.