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Measures of Nanjing Municipality on Supervision and Administration of Bidding for Investment Projects

chapter I general provisions article 1 these measures are formulated in accordance with the law of the people's Republic of China on tendering and bidding, the regulations of Jiangsu province on tendering and bidding and other relevant laws and regulations, and in combination with the actual situation of this municipality, in order to strengthen the supervision and management of the tendering and bidding activities of government-invested projects, standardize the tendering and bidding behaviors, and prevent and curb illegal acts in the bidding process. Article 2 These Measures shall apply to the bidding activities of government investment projects and their supervision and management within the administrative area of this Municipality. Article 3 The term "government investment projects" as mentioned in these Measures refers to projects that are mainly invested by various financial funds, special government funds (funds), unified government loan funds and other state-owned funds. Article 4 The development and reform department is responsible for the guidance and coordination of the bidding work of government investment projects, the administrative supervision organs are responsible for supervising the objects of administrative supervision who participate in the bidding activities of government investment projects, and the audit department is responsible for the audit supervision of government investment projects.

Development and reform, construction, transportation, water conservancy, finance and other departments (hereinafter referred to as administrative supervision departments) are responsible for the supervision and management of bidding activities of government investment projects according to their respective responsibilities. Fifth government investment projects bidding activities must follow the principles of openness, fairness, impartiality, honesty and credibility, and accept the supervision of administrative supervision departments, all sectors of society and news media.

any unit or individual has the right to supervise and report violations of bidding laws and regulations in the bidding activities of government-invested projects. Chapter II Duties and Methods of Supervision and Management Article 6 A joint meeting system for bidding shall be established. The joint meeting consists of development and reform, supervision, construction, transportation, water conservancy, finance, auditing and other departments, and the development and reform department is the lead unit of the joint meeting. The joint meeting shall be held regularly, and may also be proposed by the constituent units.

the joint meeting is responsible for studying, coordinating and handling major issues in the supervision and management of government investment projects. Article 7 The administrative supervision department shall perform the following duties when conducting supervision and inspection:

(1) Check the implementation of legal procedures and rules in bidding activities;

(2) accepting and investigating complaints and reports in bidding activities;

(3) to supervise the implementation of bidding laws, regulations and rules by the bidding parties. Eighth administrative supervision departments shall establish a credit record system for the parties and employees in bidding activities. Article 9 The administrative supervision department may conduct supervision and inspection in the following ways:

(1) Listen to the report on project bidding and attend the meeting related to project bidding convened by the tenderer;

(2) consulting the documents and materials related to the bidding of the project;

(3) on-site supervision of the tender evaluation process;

(4) ask the parties involved in the bidding activities and their relevant personnel. Article 1 The administrative supervision department shall establish and improve the system for accepting and handling complaints about bidding. After receiving the complaint, the administrative supervision department shall examine it within five days and deal with it according to the actual situation:

(1) If it does not meet the conditions for handling the complaint, it shall decide not to accept it and inform the complainant in writing of the reasons for not accepting it. If the complaint materials meet the requirements, they shall be accepted;

(2) if the complaint is incomplete, it shall inform the materials that need to be corrected at one time. If the complainant submits all the corrected materials within the validity period of the complaint, it shall be accepted;

(3) If the complaint is not within the scope of acceptance of this department, the complainant shall be informed to lodge a complaint with the relevant administrative supervision department in writing or by other means. Eleventh administrative supervision departments responsible for accepting complaints shall investigate and verify the complaints within the statutory time limit and make a decision. The decision shall be notified in writing to the complainant, the respondent and other relevant parties.

when the administrative supervision department deems it necessary, it may organize the tenderee, bidders, bid evaluation committee and other interested parties to hold a hearing. The administrative supervision department may participate in the hearing. Chapter III Contents and Requirements of Supervision and Management Article 12 Government investment projects shall be subject to public bidding, which meets the conditions stipulated by laws, regulations and the provincial government, and may be invited to bid or not after approval. Article 13 A tenderee of a government-invested project is considered as evading bidding in any of the following circumstances:

(1) It is considered as an emergency rescue and disaster relief project that has not been identified by the national security department or the secret department, and has not been identified by the competent department afterwards;

(2) minor ancillary projects added to the projects under construction that have not been identified by the project examination and approval department;

(3) breaking up government investment projects that can be organized centrally and implemented by stages, although the estimated price of a single contract is lower than the legal tender standard, but the annual use of fiscal special funds reaches more than RMB 1 million. Fourteenth government investment projects are built by BT and BOT, and their survey and design, construction, supervision, equipment and materials procurement shall be subject to tender according to law. Fifteenth government investment projects should be in the bidding centralized trading institutions approved by the competent authorities for bidding activities. The administrative supervision department shall strengthen the management and supervision of centralized trading institutions for bidding.

A centralized trading institution for bidding shall provide standardized places, information, technical consultation and other related services for bidding activities, provide conditions for administrative supervision departments to implement management and supervision, and accept management and supervision. A centralized trading institution for bidding may be entrusted by the tenderer to keep the bid bond on its behalf.