Wuhu City, Wuhu City, public **** resources trading center opening and evaluation site management regulations:
Chapter I General Provisions
Article 1 In order to strengthen the management and supervision of public **** resources trading activities, and to improve the effectiveness of the use of government funds, according to the "Chinese People's *** and the State Bidding and Tendering Law," "the Chinese People's *** and the State Government Procurement Law," and "the Chinese People's *** and the State Implementation Regulations of the Bidding and Tendering Law" and the "Chinese People's *** and the State Tender Law". and the state bidding law implementation regulations" and other laws and regulations, combined with the actual situation in the city, the development of this approach.
Second Article The public **** resources transaction referred to in these measures, refers to the project unit of the natural, asset, social and administrative resources involved in the ownership, use, operation, through bidding, auction, listing, bidding, agreement and other trading methods, to determine the bidder (successful bidder, transferee) activities.
The project unit referred to in the preceding paragraph refers to the state organs, institutions, people's organizations, state-owned (holding) enterprises, including bidders, purchasers, and transferees, which carry out public ****resource transactions in the capacity of project owners.
Article 3 The management and supervision of public ****resource trading activities within the urban area of the city (including the districts, the provincial Jiangbei Industrial Concentration Zone, the Economic and Technological Development Zone, the Yangtze River Bridge Development Zone, the High-tech Industrial Development Zone) shall be applicable to these measures.
Article IV of the public **** resources trading should follow the principles of openness, fairness, justice and honesty and credit, the implementation of government-led, management and office separation, centralized trading, standardized operation, departmental supervision, administrative supervision of the operating mechanism.
Article 5 No unit or individual shall restrict or exclude relevant natural persons, legal persons or organizations from participating in the transaction by any unreasonable conditions, and shall not illegally interfere in the transaction activities.
Chapter II Management Service Organization
Article 6 The municipal government establishes the Municipal Public *** Resource Transaction Management Committee as the decision-making body of the city's public *** resource transaction work, responsible for decision-making on major issues, leadership and coordination of major matters.
Article 7 The Municipal Public **** Resources Transaction Management Bureau is the day-to-day management organization of the city's public **** resources transaction work, and mainly performs the following duties:
(1) Implementing and enforcing the laws, regulations, rules and policies on public **** resources transaction;
(2) Guiding and coordinating the city's work on public **** resources transaction;
(3) Formulating and improving the rules of public **** resources transaction;
(3) Developing and improving the public
(iv) constructing, maintaining and managing the electronic trading system of public *** resources;
(v) organizing and constructing the integrity system of public *** resources trading;
(vi) compiling the catalog of the public *** resources trading projects;
(vii) cooperating with the administrative supervisory departments in constructing and managing the pools of enterprises (suppliers) and the pools of trading agencies;
(viii) coordinating with the administrative supervisory departments in constructing and managing the pools of enterprises (suppliers) and trading Agency Bank;
(viii) Cooperate with the project unit to supervise contract performance;
(ix) Cooperate with the administrative supervision department to investigate and deal with complaints;
(x) Undertake the day-to-day work of the Municipal Public **** Resources Transaction Management Committee;
(xi) Undertake the municipal government and the Municipal Public **** Resources Transaction Management Committee to handle other matters assigned by the Committee.
Article VIII Finance, housing and urban-rural construction, transportation, water, land resources, information technology and other administrative supervision departments in accordance with the law on the implementation of public **** resources trading activities in their respective industries to supervise, mainly to perform the following duties:
(a) review and record the transaction documents, supervise the answer to the questionnaire, opening of the bidding, bid evaluation, bidding, bidding, bidding, and other important aspects of the transaction;
(b) investigating Handling of complaints, handling and punishment of illegal and irregular behaviors of project units, bidders (bidders), transaction agencies and bid evaluation experts;
(iii) Construction and management of enterprise (supplier) banks and transaction agency banks in conjunction with the municipal public ****resource transaction management department;
(iv) Construction and management of enterprise (supplier) banks and transaction agency banks in conjunction with the relevant departments and project units on the bidders (successful bidders, transferees) and the project key position management personnel, trading agency integrity evaluation;
(e) with the project unit to supervise the contract performance;
(f) to complete the municipal public **** resources trading management committee assigned other work.
Article IX Municipal Public **** Resources Transaction Center is subordinate to the Municipal Public **** Resources Transaction Management Bureau of the enterprise legal person, is the city's public **** resources trading activities of the centralized trading venues, professional service platforms and market service main body, the main performance of the following duties:
(a) the implementation of the public **** resources trading laws, regulations, rules and policies;
(b) Publishing information on public ****resource transactions, providing venues, information materials, technical consulting and other services for public ****resource transactions;
(3) accepting applications from bidders, receiving and returning transaction deposits, and keeping files;
(4) analyzing statistics and data related to the projects entered into transactions;
(5) checking and verifying the relevant procedures of the projects entered into transactions, witnessing the opening and evaluation of bids and tenders; (6) providing information and services to the bidders; and (7) providing information and services for the bidders and bidders. Procedures, witnessing the opening and evaluation of bids, and maintaining the order of the transaction site;
(f) Integrity evaluation of the bidders (bidders) and trading agencies entering into the transaction, and cooperating with the municipal public *** resources trading management department to establish the integrity of the public *** resources trading system;
(g) Providing the necessary services for the implementation of the supervision of the administrative supervision department, and cooperating with the investigation and handling of complaints.
Article 10 into the municipal public **** resources trading center transactions in construction projects, government procurement and other projects should be qualified by the appropriate trading agency agency transactions. Transaction agency shall carry out its qualifications and commissioned within the scope of the transaction agency business, accept the supervision of the administrative supervision department, mainly to perform the following duties:
(a) accept the commission of the project unit;
(b) the preparation of the transaction documents;
(c) organization of the transaction activities;
(d) cooperate with the administrative supervision department to investigate and deal with the complaint matters;
(v) clarifying and replying to the objections and queries of bidders and other interested parties;
(vi) accomplishing other matters entrusted by the project unit.
Chapter III Scope of Transactions
Article 11 The public ****resource transactions implement a catalog system and dynamic management. The catalog of public ****resource transaction projects shall be drawn up by the municipal public ****resource transaction management department in conjunction with the relevant administrative departments, and shall be published and implemented after being approved by the municipal public ****resource transaction management committee. Revision of the catalog of public ****resource trading projects shall be handled in accordance with the procedures set forth in the preceding paragraph.
Article 12 The following items shall be included in the catalog of public ****resource trading projects:
(1) the bidding and procurement of all types of projects, goods and services within the centralized procurement catalog of the municipal government, and the procurement of all types of works, goods and services above the limit standard;
(2) the procurement of medicines, medical devices and medical consumables for the public healthcare institutions;
(3) the granting and sale of the right of land use and mining rights;
(4) the sale of state-owned property rights, equity and intellectual property rights;
(5) the sale of special industry operation rights, urban road occupancy rights, road and bridge and street naming rights, large-scale outdoor commercial advertisement operation rights, passenger lines and cab operation rights;
(6) the bidding of intermediary services such as consulting, agency and appraisal agencies involved in planning, land and engineering;
(7) the bidding of public healthcare institutions, medical equipment and medical consumables;
(8) the bidding of public healthcare institutions, medical equipment and medical consumables; and The bidding of institutions;
(vii) the disposal of confiscated assets of judicial organs and administrative law enforcement departments;
(viii) other items that should be included in the catalog of public ****resource trading projects as stipulated by the state, provinces and municipalities.
The projects listed in the first paragraph of the preceding paragraph should be in the implementation of these measures into the municipal public **** resources trading center transactions; the projects listed in the second to the eighth should be gradually entered into the municipal public **** resources trading center transactions, the specific time to be decided by the municipal public **** resources trading management committee.
Article 13 The following public **** resources shall not be entered into the municipal public **** resources trading center transactions:
(1) laws, rules and regulations expressly prohibited;
(2) property rights belonging to the relationship between the unclear;
(3) disposal authority is disputed;
(4) has been implemented in the collateral, pledge security, and did not obtain the consent of the right holder
(v) judicial, administrative or other compulsory measures have been taken without authorization or permission of the competent authority;
(vi) approval or assessment should be made without such approval or assessment;
(vii) incomplete or false information;
(viii) other circumstances that should be prohibited.
Article 14 encourages and guides other public **** resources and social projects not listed in the catalog of public **** resources trading projects to enter the municipal public **** resources trading center for trading. The trading activities and their supervision and management shall be implemented with reference to these Measures.
Chapter IV Transaction Methods
Article 15 The project examination and approval department shall make a determination on the transaction methods when examining and approving the project, and inform the relevant administrative supervision department.
Article 16 The public ****resource trading method shall be based on auction (public bidding), supplemented by other trading methods.
Article XVII of the real need to take a non-competitive auction (public bidding), shall be handled by the project unit in accordance with the relevant provisions.
The municipal public ****resource transaction management department, together with the relevant administrative supervision department to develop a non-open bidding procurement method management of the relevant system.
Chapter V Transaction Procedures
Article 18 The public ****resource transaction shall be carried out in accordance with the provisions of laws and regulations, including the following procedures:
(1) Application for transaction. The project unit to the municipal public **** resources trading center to apply for the transaction, submit the project approval and related information.
(ii) Entrusting agent. The project unit in accordance with the relevant provisions of the transaction agency to determine the agency, commissioned by the agent of the transaction.
(3) Preparation and release of transaction documents. Transaction agency to prepare the transaction documents, after the administrative supervision department for review, for the record, and then released.
(D) acceptance of registration. Municipal public **** resources trading center accepts bidders (bidders) registration, for the receipt and return of the transaction deposit.
(v) Formation of the bid evaluation committee. Bid evaluation committee consists of representatives of the project unit and experts in relevant technical and economic aspects. Representatives of the project unit not more than one person, and shall not serve as the head of the bid evaluation committee; the relevant economic and technical experts, by the project unit or the transaction agency from the bid evaluation expert database.
(F) the organization of the transaction. Transaction agency to preside over the on-site transaction, the city public **** resources trading center is responsible for checking the documents, witnessing the transaction site, the relevant administrative supervision departments to implement the supervision.
(VII) Confirmation of evaluation results. The project unit to confirm the evaluation results of the bid evaluation committee, sign the bidding opinion.
(viii) publicize the evaluation results. Transaction agency to publish the evaluation results publicity, accept social supervision.
(IX) Confirmation of the transaction. After the end of the publicity, the transaction agency to publish the announcement of the winning bid, the issuance of transaction confirmation (notice of award).
(J) file filing. Municipal public **** resources trading center is responsible for organizing and archiving transaction information.
The specific procedures of the public **** resources transactions, by the municipal public **** resources transactions management department in conjunction with the relevant administrative supervision department to develop, approved by the municipal public **** resources transactions management committee to implement.
Article 19 One of the following circumstances, approved by the relevant administrative supervision department, the transaction procedures shall be suspended:
(1) during the transaction of ownership objections, has not yet been determined in accordance with the law;
(2) the law enforcement and discipline or administrative supervision department is investigating and dealing with the report, the complaint, do not suspend the transaction may result in adverse consequences;
(3) due to force majeure caused the transaction can not be continued. Force majeure caused by the transaction can not continue;
(d) trading system failure caused by the transaction can not continue;
(e) other circumstances that should be suspended according to law.
After the disappearance of the circumstances listed in the preceding paragraph, the relevant administrative supervisory departments, as appropriate, to decide the resumption of trading or termination of trading.
Article 20 of the following circumstances, approved by the relevant administrative supervision department, the transaction shall be terminated:
(1) during the transaction, the judicial organs, administrative law enforcement agencies, arbitration bodies to confirm that the project unit of its entrusted transaction of public **** resources have no right to deal with;
(2) the subject of the transaction has been lost;
(3) other circumstances should be terminated according to law. Should terminate the transaction of other circumstances.
Article 21 Construction projects and government procurement projects shall be based on the type and characteristics of the project, respectively, the random selection method, the lowest evaluated bid evaluation method or a comprehensive scoring method and other methods for evaluation.
The municipal public ****resource transaction management department, in conjunction with the relevant administrative supervision department, shall formulate the methods and models for evaluating the bidding of construction projects and government procurement projects in a categorized and graded manner.
Other transaction projects are handled in accordance with the provisions of relevant laws and regulations.
Chapter VI Supervision of Transactions
Article 22 Public ****resource transactions are subject to departmental supervision and enforcement. Finance, housing and urban-rural construction, transportation, water, land resources, information technology and other administrative supervision departments in accordance with the relevant provisions, is responsible for the implementation of supervision of trading activities within its jurisdiction, investigate and deal with violations of the law. Suspected of committing a crime, transferred to the judicial authorities.
Article 23 The bidder (bidder) or other interested parties that the transaction documents, transaction process, transaction results infringe their legitimate rights and interests, may within the statutory period in writing to the project unit, the transaction agency to raise objections. The unit concerned shall give a written reply within the prescribed time limit.
Article 24 The bidder (tenderer) or other interested parties who believe that the trading activities do not comply with the laws and regulations, may file a complaint within the prescribed time limit.
Municipal Commission for Discipline Inspection and Supervision Bureau assigned to the municipal public **** resources transaction management department of the discipline inspection group, supervision office set up a complaint acceptance center, responsible for receiving, registering, handing over, supervising and filing complaints.
Article 25 The relevant administrative supervision department shall investigate the complaint matters, within the prescribed time limit to make a decision to deal with, and notify the complainant in writing, the complainant and other parties concerned with the outcome of the complaint.
The need for inspection, testing, appraisal, expert review, the time required is not counted.
Article 26 The parties to the administrative supervision department of the complaint handling decision is not satisfied or the administrative supervision department overdue, can apply for administrative reconsideration or administrative litigation to the people's court according to law.
Article 27 The municipal public *** resources trading management department to organize the construction of the city's unified public *** resources trading integrity system, the establishment of incentives for trustworthiness and failure to discipline mechanism.
Methods of integrity management of public ****resource transactions shall be formulated by the municipal public ****resource transactions management department in conjunction with the relevant departments, and shall be implemented after approval by the municipal public ****resource transactions management committee.
Article 28 If the bidder (successful bidder or transferee) has committed a serious breach of contract and there is a genuine need to terminate the contract, the project unit shall organize and implement the project. The relevant administrative supervision departments and judicial organs shall cooperate in accordance with their respective duties.
Article 29 The relevant administrative supervision departments in conjunction with the municipal public **** resources trading management department to develop a serious misconduct enterprises, project key management personnel "blacklist" system, within a certain period of time to prohibit the inclusion of the "blacklisted" enterprises, personnel in the city-wide participation in the transaction. The company's management team has been working on the development of a "blacklist" system for a certain period of time, which prohibits enterprises and personnel from participating in transactions within the city.
The project key management personnel referred to in the preceding paragraph mainly refers to the construction enterprises for construction projects with the corresponding qualifications of the project manager and the corresponding title of the person in charge of engineering and technology, and the corresponding qualifications of construction, quality, safety, cost management personnel, etc.; supervision of enterprises in the construction projects with the corresponding qualifications of the superintendent of engineers, superintendent engineers on behalf of the superintendent of engineers, and professional supervision engineers, supervisors and so on. Supervision engineers, supervisors, etc.
Article 30 The supervisory organs shall, in accordance with law, carry out supervision on the supervisory objects related to public ****resource trading activities.
Article 31 The auditing organs shall implement audit supervision of public ****resource transaction projects in accordance with law.
Chapter VII Legal Liability
Article 32 The project unit and its staff have the following behaviors, the relevant administrative supervision department shall order correction, and may impose a fine; constitutes a violation of discipline, the unit directly responsible for the supervisor and other personnel directly responsible for the imposition of sanctions; suspected of committing a crime, the transfer of the judicial organs to deal with:
(a) according to law should be competitive auction ( public bidding) but invitational bidding or other procurement methods are used;
(ii) restricting or excluding potential bidders (bidders) with unreasonable conditions;
(iii) colluding with project design units, bill of quantities compilation units, trading agencies, bidders (bidders) or members of the bid evaluation committee;
(iv) violating relevant laws and regulations Other behavior.
Article 33 If the bidder (bidder) and its staff have the following behaviors, the relevant administrative supervision department shall order correction, and may impose a fine; if the situation is serious, it shall be recorded in the bad record until it is included in the blacklist; if it is suspected of committing a crime, it shall be transferred to the judicial organs for handling:
(1) trading in the name of others or otherwise fraudulently obtaining the bidding of the project Or otherwise fraudulently winning the project;
(ii) collusion or bribery and other illegal means to win the bid;
(iii) fabrication of facts, forged materials to question or complain;
(iv) violation of relevant laws and regulations of other acts.
Article 34 If a trading agency and its staff commit any of the following acts, the relevant administrative supervision department shall impose a fine and confiscate the illegal income; if the circumstances are serious, the qualification of the trading agency shall be suspended or canceled; if a crime is suspected, it shall be transferred to the judicial organs for handling:
(1) disclosing information or materials related to the trading activities that should be kept confidential;
(2) communicating with project units, bidders (bidders) collusion, damage to national interests, social public **** interests or the legitimate rights and interests of others;
(iii) concealment, destruction of transaction documents that should be preserved or forgery, falsification of transaction documents;
(iv) violation of the relevant laws and regulations of the other acts.
Article 35 If a member of the bid evaluation committee commits any of the following acts, the relevant administrative supervisory department shall order him/her to make corrections; in the case of a more serious case, he/she shall be prohibited from participating in the bid evaluation for a certain period of time; in the case of a more serious case, he/she shall be disqualified from serving as a member of the bid evaluation committee; in case of a suspected crime, the member shall be transferred to the judicial organ for handling:
(1) contacting the bidder (tenderer) in private;
(2) Evaluation of bids not in accordance with the bid evaluation standards and methods stipulated in the bidding documents;
(iii) collusion with other members of the bid evaluation committee in an attempt to influence the outcome of the bid evaluation;
(iv) disclosure of information on the evaluation of the bids;
(v) acceptance of property or other benefits from the bidders (bidders) or their principals;
(vi) violation of other acts of the relevant laws and regulations.
Article 36 If the administrative supervision department and its staff commit any of the following acts, the supervisory organ or the competent department shall order correction; if it constitutes a violation of discipline, the directly responsible supervisor and other directly responsible personnel shall be given sanctions; if it is suspected of committing a crime, it shall be transferred to the judicial organs for handling:
(1) failing to supervise the transaction activities in strict accordance with the provisions of their duties, neglecting their duties or dereliction of duty;
(ii) the transaction activities occurring in violation of the law, not timely stop and investigate and deal with, resulting in certain consequences;
(iii) in the performance of their duties favoritism, abuse of power;
(iv) do not announce in accordance with the law of the project unit, the transaction agency, the bidder (bidder), the bid evaluation committee members of the illegal behavior of the administrative processing decisions;
(E) violation of relevant laws and regulations of other acts.
Article 37 The municipal public ****resource trading center and its staff have the following behaviors, the municipal public ****resource trading management department or the supervisory organs ordered to correct; constitutes a violation of discipline, the directly responsible supervisory personnel and other personnel directly responsible for sanctions; suspected of committing a crime, the transfer of the judicial organs to deal with:
(a) disclosure of information and data that should be kept confidential in connection with the trading activities;
(v) violation of relevant laws and regulations, and other administrative treatment decisions. information and materials;
(ii) interfering with trading activities in violation of the law;
(iii) using computers or other means to intentionally set the members of the bid evaluation committee;
(iv) failing to handle the collection and return of transaction deposits in accordance with the provisions of the law;
(v) failing to stop and report on the violation of the trading behavior in a timely manner, which may cause certain consequences;
(vi) violating the relevant laws and regulations and other acts. laws and regulations of other behavior.
Article 38 State organs, institutions and their staff in the public **** resources trading activities, dereliction of duty, disclosure of secrets, abuse of power, favoritism, soliciting and accepting bribes as well as other acts in violation of the provisions of these Measures shall be investigated and dealt with according to law by the competent authorities or supervisory organs; suspected of committing a crime shall be transferred to the judicial organs for handling.
Chapter VIII Supplementary Provisions
Article 39 WUWEI County, WUHU County, FANCHANG County, NANLING County may refer to the implementation of these Measures.
Article 40 These Measures shall come into force on April 1, 2014, and shall be interpreted by the Municipal Public ****resource Transaction Management Bureau, and the Measures for the Administration of Bidding and Procurement in Wuhu City (Municipal Government Decree No. 8) shall be repealed at the same time. Prior to the relevant provisions of the inconsistency with this approach, this approach shall prevail.
Wuhu City, Wuhu City, public **** resources trading center website: /whweb/
Wuhu City, Wuhu City, construction engineering bidding network Zip code: 241000
Wuhu City, Wuhu City, construction engineering bidding network address: Hatjiang District, Ruixiang Road, No. 88, Wanjiang Fortune Plaza, Block C1, 5th Floor, Wuhu City, public **** resources trading center
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