Interim Measures for Outsourcing of Government Services in Ningbo City (2016 Amendment)

Chapter I General Provisions Article 1 For the development of government service outsourcing, innovation in the institutional mechanism of public **** services, improve the efficiency and quality of public **** services, build a service-oriented government, accelerate the development of modern service industry, the formulation of these measures. Article 2 The administrative organs within the administrative area of the city, as well as laws and regulations authorized or laws, rules and regulations entrusted to law enforcement organizations (hereinafter collectively referred to as administrative organs) government services outsourcing, the application of these measures. Article 3 The government service outsourcing (hereinafter referred to as service outsourcing), refers to the administrative organs will be social management, public **** services, logistics services and other technical labor type of affairs, entrusted to the conditions of enterprises, scientific research institutions, institutions of higher learning or other organizations (hereinafter referred to as contractors) to perform, and to pay the corresponding remuneration of civil legal acts. Article 4 The outsourcing of services of administrative organs shall comply with the General Principles of Civil Law, the Government Procurement Law, the Contract Law and other laws and regulations, and shall adhere to the principles of openness and transparency, fair competition, justice and honesty and credit. Article 5 Any qualified contractor may participate in service outsourcing, and no unit or individual may use any means to obstruct and restrict the entry of contractors into the service outsourcing market, nor may they apply differential or discriminatory treatment to contractors. Article 6 In the service outsourcing activities, the relevant staff of the administrative organs and contractors have an interest, must be avoided. Contractors believe that the relevant staff of the administrative organs and other contractors have an interest, may also apply for their recusal. Article 7 encourages the establishment of service outsourcing industry associations, business training, training of specialists, the development of service project standards and rules of conduct, guidance and standardization of service outsourcing project management activities, and promote the healthy development of the service outsourcing industry and market. Chapter II Scope of Service Outsourcing Article 8 The following matters can be outsourced services:

(1) electronic equipment, networks, software development and maintenance management;

(2) training and education;

(3) professional and technical appraisal, testing, inspection;

(4) statistics, demonstration, consulting, research and study of the subject;

(5) planning Preparation, drafting of rules and regulations and other documents;

(vi) Auxiliary work for administrative execution such as substitute performance;

(vii) Government legal adviser affairs;

(viii) Social public **** services such as home care;

(ix) Organization and service of official activities;

(x) Logistical services;

(xi) Other matters that can be outsourced by law. Article 9 Administrative penalties, administrative licenses, administrative inspections, administrative fees, administrative confirmation, administrative expropriation and requisition, administrative enforcement and other governmental acts shall not be outsourced services.

The outsourcing of services involves the definition of governmental acts is not clear enough, the administrative organ shall be reported to the same level according to the content of the matter of preparation, the government legal system, finance, supervision and other appropriate management departments for review of the legality and feasibility of the determination of the implementation of these measures. Chapter III Outsourcing Procedures Article 10 administrative organs should strengthen social surveys, through various ways to listen to grass-roots people, understand the needs of the masses, to achieve democratic and scientific decision-making service outsourcing. Article XI administrative organs outsourcing of services, should be formulated in advance relevant programs.

Service outsourcing program shall include the following:

(1) the outsourcing of services and the basis for the matter;

(2) the qualifications of the contractor, conditions and other requirements;

(3) funding and its sources;

(4) the work of the business performance and quality of service requirements, evaluation procedures and methods;

(5) the way to monitor;

(f) dispute resolution;

(g) other relevant content. Article 12 The information on service outsourcing shall be published in the media designated by the financial department of the provincial people's government as well as on the Ningbo Municipal Government Procurement Network. Service outsourcing procurement project budget amount reaches the State Council's financial sector standards, service outsourcing information shall be published in the State Council's financial sector designated media at the same time. However, except for those involving state secrets and commercial secrets. Article 13 The following methods shall be used for service outsourcing:

(1) open tendering;

(2) invitation to tender;

(3) competitive negotiation;

(4) single-source procurement;

(5) request for quotations;

(6) other methods recognized by the relevant state departments. Article 14 Open tendering shall be the main method of outsourcing services.

Administrative organs shall not in any way circumvent matters that should be subject to public bidding. Article 15 The administrative organ may organize service outsourcing by itself according to law, or may entrust the centralized purchasing agency or qualified intermediary agency. Article 16 Contractors applying to participate in service outsourcing shall meet the following conditions:

(1) having the ability to independently assume civil liability;

(2) having a good business reputation and a sound financial accounting system;

(3) having the equipment and professional and technical capabilities necessary for the fulfillment of the contract;

(4) having a good track record of payment of taxes and social security funds; and

(4) having a good record of payment of taxes and social security funds in accordance with the law. social security funds;

(v) no major violations of law in business activities in the three years prior to participating in the service outsourcing activities;

(vi) other conditions stipulated by laws and administrative regulations.

For service outsourcing projects with special requirements, the administrative authorities may stipulate specific conditions for contractors after the government procurement supervision and management department takes the lead in demonstrating and reporting to the government at the same level for approval.