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国家重大建设项目招标投标监督暂行办法 Supervision of Invitation and Submission of Tenders for Major State Construction Projects Tentative Procedures

2006-05-13 14:58   我要纠错 | 打印 | 收藏 | | |

国家发展计划委员会令第18号

(Promulgated by the State Development Planning Commission on 10 January 2002, and effective as of, 1 February 2002.)

颁布日期:20020110  实施日期:20020201  颁布单位:国家发展计划委员会

  Article 1 These Procedures are formulated in accordance with the PRC, Invitation and Submission of Bids Law, the State Council General Office, Issue of the Implementation of Division of Responsibilities by the Relevant Departments of the State Council for the Administrative Supervision of Invitation and Submission of Bids Opinion Circular (Guo Ban Fa [2000] No. 34) and the Auditing Major State Construction Projects Procedures (Guo Ban Fa [2000] No. 54, State Development Planning Commission Order No. 6 of 2000) in order to strengthen supervision of invitation and submission of tenders for major State construction projects and to ensure that the invitation and submission of tenders is carried out in accordance with the law.

  Article 2 The State Development Planning Commission shall be authorized by the State Council to organize specially-designated inspectors and their assistants for major State construction projects (Inspectors) to implement supervision and inspection of invitation and submission of tenders for major State construction projects.

  Article 3 For the purposes of these Procedures, the term "major State construction projects" means construction projects financed by the State and examined and approved by the State Council after examination or verification by the State Development Planning Commission.

  Article 4 The standards for the scope and size of invitations to tender for major State construction projects and the method of evaluation shall comply with the Standards for the Scope and Size of Construction Projects Requiring Invitation of Bids Provisions (State Development Planning Commission Order No. 3 of 2000) and the Bid Evaluation Committees and Methods Tentative Provisions (State Development Planning Commission, State Economic and Trade Commission, Ministry of Construction, Ministry of Railways, Ministry of Communications, Ministry of Information Industry and Ministry of Water Resources Order No. 12 of 2001).

  The announcements of invitations to tender for major State construction projects shall be made in accordance with the Publication of Notices of Invitations of Bids Tentative Procedures (State Development Planning Commission Order No. 4 of 2000).

  Major State construction projects that require invitation of tenders by law must include the details of the tender invitation(s) when submitting the project feasibility study report. Specific procedures shall comply with the Inclusion of Bid Invitation Details and Authorized Bid Invitation Particulars in the Feasibility Study Report of Construction Projects Tentative Provisions (State Development Planning Commission Order No. 9 of 2001).

  Tender inviting parties inviting tenders of their own accord must comply with the relevant provisions of the Self-conducted Invitation of Bids for Construction Projects Trial Procedures (State Development Planning Commission Order No. 5 of 2000).

  Article 5 The tender inviting party and the winning tenderer shall sign a written contract as stipulated in the PRC, Invitation and Submission of Bids Law and the PRC, Contract Law. The construction standards, details of construction and contract price specified in the contract must fall within the approved design and budgetary estimates.

  No work unit or individual may transfer the contract to another party or request the winning tenderer to abandon the contract for any reason other than that the construction cannot be undertaken, or the winning tenderer cannot perform the contract due to force majeure.

  Article 6 Budgeted investment saved through invitations to tender shall not be used for another purpose without authorization.

  Article 7 Work units or individuals uncovering illegal behaviour in the course of invitation and submission of tenders for major State construction projects shall have the right to complain or report to the State Development Planning Commission. The State Development Planning Commission shall, within 15 working days of the date of receipt of the complaint or report, render a decision on whether to accept it.

  When the State Development Planning Commission accepts a complaint or report, it shall be responsible for arranging examination, verification and handling, or it shall transfer the case to the local development and planning department and other relevant departments for investigation and handling in accordance with the law.

  Article 8 When supervising and inspecting invitation and submission of tenders for major State construction projects, Inspectors may implement audit on an ongoing basis or on a spot-check basis. Ongoing audit shall refer to the tracking and control throughout the entire process of all invitations and submissions of tenders for the construction project. Spot audit shall refer to the spot-check of invitation and submission of tenders for the construction project. The list of projects for ongoing audit shall be formulated by the State Development Planning Commission.

  Article 9 In the case of projects listed for ongoing audit, the tender inviting party shall draw up a tender invitation document in accordance with the items verified and approved for invitation to tender and shall submit the tender invitation document, the preliminary results of examination of qualification, the timetable and relevant documents in triplicate to the State Development Planning Commission for record filing 15 working days before distribution.

  After the tender inviting party has determined the winning tenderer, he shall report on the invitation and submission of tenders to the State Development Planning Commission within 15 working days. The contents of the report shall comply with Article 42 of the Bid Evaluation Committees and Methods Tentative Provisions (State Development Planning Commission, State Economic and Trade Commission, Ministry of Construction, Ministry of Railways, Ministry of Communications, Ministry of Information Industry and Ministry of Water Resources Order No. 12 of 2001).

  Article 10 Inspectors supervising and inspecting compliance of major State construction projects with the relevant laws, regulations, rules and policies of the State on invitation and submission of tenders, and supervising and inspecting invitation and submission of the tenders, shall fulfil the following responsibilities:

  1. supervision and inspection of whether invitation and submission of tenders by those inviting and submitting tenders and other administrative supervisory departments is in accord with the limits of authority and the procedures stipulated in laws and regulations;

  2. supervision and inspection of documents and information related to invitation and submission of tenders, and verification of their legality and authenticity;

  3. supervision and inspection of whether the processes of preliminary examination of qualifications, opening of tenders, evaluation of tenders and award of tenders comply with the law and with the stipulations of the tender invitation and qualification examination documents. They may carry out related investigation for verification; and

  4. supervision and inspection of the implementation of the results of invitation and submission of tenders.

  Article 11 Inspectors may use the following methods when supervising and inspecting invitation and submission of tenders:

  1. inspection of information and documents related to the examination and approval of the project and the allocation of funds, etc.;

  2. inspection of the announcement of an invitation to tender, the tender invitation letter, the tender invitation documents and the tendering documents, and examination and verification of the level of qualifications and credit of work units submitting tenders;

  3. supervision of the opening of tenders and the evaluation of tenders. They may sit in on important meetings related to the invitation and submission of the tenders;

  4. investigation to understand the situation and seeking the views of tender inviting parties, tenderers, organizations acting as agents for invitations to tender, the relevant administrative departments in charge, and organizations notarising invitations to tender;

  5. examination of reports on invitation and submission of tenders, contracts, and the relevant documents; and

  6. on-site checking, investigation and verification of the implementation of the results of invitations to tender.

  When necessary, Inspectors may work together with other administrative supervisory departments of the State Council and the local development and planning departments, and may appoint relevant specialist technicians to take part in the inspection.

  In the course of supervision and inspection, Inspectors shall not reveal confidential information and shall not take part in the evaluation of tenders directly as a member of the evaluation committee.

  Article 12 The powers and obligations of Inspectors and work units being supervised shall comply with the relevant provisions of the Auditing Major State Construction Projects Procedures (Guo Ban Fa [2000] No. 54, State Development Planning Commission Order No. 6 of 2000).

  Article 13 The State Development Planning Commission shall impose the following penalties in accordance with the law on tender inviting parties, organizations acting as agents for invitation of tenders, tenderers, members of the tender evaluation committee and related personnel who commit acts that violate the PRC, Invitation and Submission of Bids Law and the relevant laws and regulations discovered in the course of supervision and inspection of invitation and submission of tenders, dependent upon the severity of the violation:

  1. A warning.

  2. An order to rectify the matter within a stipulated period.

  3. A fine.

  4. Confiscation of the illegal income.

  5. Revocation of the qualification for submission or evaluation of tenders for major State construction projects for a stipulated period.

  6. Temporary suspension of funding for State construction or temporary suspension of examination and approval of the relevant local or departmental construction projects.

  Article 14 Cases where it is necessary to temporarily suspend or revoke the qualification to act as an agent for invitation of tenders, to revoke a business licence, to order a suspension of business activities for reorganization, to impose administrative penalties or to pursue criminal liability in accordance with the law shall be transferred to the relevant department, local people's government or judicial authority for handling.

  Article 15 If penalties are imposed for any type of illegal act in the course of invitation and submission of tenders for major State construction projects, these may be implemented jointly by the State Development Planning Commission and the relevant departments according to their division of responsibilities.

  Major decisions on handling shall be approved by the State Council.

  Article 16 Before imposing penalties, the State Development Planning Commission and the relevant departments shall notify the parties involved. If the parties involved disagree with the penalty, the State Development Planning Commission and other relevant administrative supervisory departments shall verify the penalty.

  Where a party objects to a penalty decision, he may apply for a review in accordance with the law.

  Article 17 The development and planning departments of the people's governments of all provinces, autonomous regions and municipalities directly under the central government may formulate local supervisory procedures for invitation and submission of tenders on the basis of these Procedures and in accordance with the PRC, Invitation and Submission of Bids Law, relevant laws and regulations, and in light of local conditions.

  Article 18 The State Development Planning Commission shall be responsible for interpreting these Procedures.

  Article 19 These Procedures shall be effective as of 1 February 2002.

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