Chapter I General
Article 1 In order to further strengthen the supervision and management of government investment projects, and effectively improve the quality and effectiveness of government investment projects, to create a law-abiding business, honest performance of the market environment, according to the state, province, city laws and regulations, combined with the actual situation of our region, the formulation of these measures.
Second Suqian Economic and Technological Development Zone (hereinafter referred to as "Economic and Technological Development Zone") within the jurisdiction of the supervision and management of all government investment projects, the application of these measures.
The government investment projects referred to in these measures, refers to the use of government budget management funds, financial management of various government special construction funds or administrative fees, government financing funds, state-owned enterprises own funds and financing funds, and other government funds investment projects.
Government investment projects are mainly used for projects in the following fields: education, culture, health, sports, social security, poverty alleviation, ecological construction, environmental protection, resource conservation and other public welfare projects; agriculture, water conservancy, energy, transportation, municipal, gardening, urban and rural utilities and other basic projects; government utility projects; scientific and technological progress, high and new technology, industrialization of agriculture, major industries, structural adjustment, modern services and other projects. Structural adjustment, modern service industry and other national, provincial and municipal key support for industrial development projects.
Government investment project construction activities should be carried out in accordance with the law to fulfill the bidding procedures, mainly covering construction projects (hereinafter referred to as "construction projects"), government procurement projects (hereinafter referred to as "procurement projects") and property rights trading projects.
Article 3 supervision and management of government investment projects shall follow the law, fairness and honesty.
Article 4 The establishment of the open area government investment project supervision and management leading group (hereinafter referred to as the "leading group", see Annex 1 for a specific list), the members of the unit in accordance with the industry in charge of the functions and responsibilities of the division of labor, the state-owned investment project construction activities to implement supervision and management.
(a) Finance Bureau and Supervision and Audit Bureau in accordance with the law on the use of funds for government investment projects to supervise, strengthen the preparation of the final (final) the quality of the project changes and disbursement of funds for the project and other aspects of the supervision and inspection; the Finance Bureau to strengthen the procurement, property rights and other operational aspects of the project operation supervision and inspection and industry management.
(2) Construction Bureau, Comprehensive Law Enforcement Bureau, Economic and Development Bureau, Political and Social Affairs Office, Safety Supervision Bureau, Urban Management Branch, Public Security Branch, Land Branch, Planning Branch, Environmental Protection Branch, Fire Brigade and other competent authorities in the industry are responsible for the supervision, inspection and law enforcement of housing construction and municipal infrastructure projects, transportation projects, water conservancy and hydroelectricity projects, agricultural development projects and land use, and to strengthen the credit of the successful bidding units assessment management and supervision and management of the main management personnel on site, project quality, production safety, cost and acceptance.
(3) public resources trading center in conjunction with the Finance Bureau to implement the project bidding process supervision and record management in accordance with the law. Promote the comprehensive integration of bidding and credit evaluation system, promote the implementation of "business + technology + credit", "business + credit" bid evaluation methods, promote bidding and tender management more scientific and standardized; in conjunction with the competent authorities of the industry to investigate and deal with bid-rigging and bid-rigging in accordance with the law, Qualification affiliation and other violations of the law.
(d) The Supervision and Audit Bureau, as the competent authority for auditing and supervision of government investment projects, is responsible for organizing and implementing the auditing and supervision of government investment projects, supervising the performance of the relevant administrative supervisory departments and their staff involved in government investment projects, and investigating and dealing with violations of discipline and rules in accordance with the law.
Chapter II of the project's preliminary work
Article 5 of the project refers to a series of preparatory work from the project planning, investment opportunities to the study of the project before access, including research, project planning, project pre-feasibility study, project proposal, feasibility study, preliminary design and other aspects of the work of the preparation of the materials, bidding, evaluation, review, submission and related work, the financing of construction funds and strive for the construction of the work of the project. Work, construction funding and strive for, as well as other work belonging to the scope of pre-projects.
Article 6 Where the project to be carried out preliminary work, need to be consistent with the national economy and social development in the medium and long term planning, industry development and construction planning, urban master plan and regional control plans and other planning. The leading group office in accordance with the construction sequence to gradually promote the project's preliminary work.
Article VII of the project preliminary work, the necessity of project construction, feasibility, construction timing and site selection, function, content, scale, financing and other comprehensive research. Involving consulting, cost, survey, design, financial analysis and other professional work, can be entrusted to the relevant industry intermediaries to carry out research. Where there is a significant impact on the economy, society and the environment, as well as involving major public interests and the interests of the masses of the project, in addition to laws, regulations and relevant state regulations do not allow the public, the Office of the Leading Group shall conduct a public announcement, in order to listen to and absorb the views of all aspects of society.
Engineering consulting units and their practitioners involved in the preliminary work shall comply with national laws, regulations and policy requirements, abide by industry norms and professional ethics, and actively participate in and accept the industry's self-discipline and management, with a good reputation and the corresponding ability.
Article VIII of the project before submitting the decision-making process:
(a) the establishment of the project's preliminary work will be reviewed mechanism. After the launch of the project's preliminary work, for the problems identified in the preliminary work, the Office of the Leading Group is responsible for submitting to the Leading Group meeting to study and discuss the views of advancing.
(ii) Establishment of an expert assessment system for the results of the pre-feasibility work of major projects. After the pre-feasibility study report, site selection plan, construction plan, financing plan, analysis of economic and social benefits, investment estimates and other results of the preliminary work of the project are formed, the Office of the Leading Group will take the lead in organizing and carrying out the assessment and demonstration.
(3) For projects that the Leading Group Office intends to submit to the Leading Group Meeting for study and apply for investment arranged by the district financial resources, the following conditions should be met before the meeting:
1. The pre-project work has been completed and reached the depth of pre-feasibility study;
2. The participating departments of the pre-project meeting have basically formed a unanimous opinion;
3. The major project The relevant pre-feasibility work results have passed the expert assessment.
Article IX Project preliminary work financial security. District finances annually in the budget to arrange for major projects in the preliminary work of funding for project engineering consulting, environmental impact assessment, investigation and design, bidding and other services procurement, as well as project planning, research, assessment, demonstration and other related matters.
After the implementation of the project, the preliminary funding is included in the project construction costs. For unapproved projects, the preliminary funding is reported to the management committee for write-off after audit.
Chapter III Project Access Management
Article 10 The relevant departments of the district shall strengthen the government investment project bidding standard entry management.
(a) project access. In principle, construction projects should provide the project, drawing review opinion, proof of funds in place and other relevant procedures; government procurement projects should provide government procurement plan and other relevant procedures; property rights trading projects should provide the approval of the transfer of the project, proof of ownership of property rights, the project transferor's certificate of legal person, the project's appraisal report and other relevant procedures.
1, the project. The Administrative Approval Bureau is responsible for the approval of projects for government investment projects in the region;
2. Drawing review. Construction projects, the project construction unit or contractor (hereinafter referred to as "the bidder"), shall provide the provincial and municipal drawing review center issued by the construction drawing review (or related review);
3, funding. The financial sector to issue the project's funding sources and in place to prove;
4, bidding methods. The Administrative Approval Bureau is responsible for filing and reviewing the bidding of government investment projects, including engineering construction, government procurement and property rights transactions.
If the above pre-approval procedures are incomplete, none of them shall enter the bidding and tendering procedures.
(ii) "pre-bid embarkation". In principle, by the bidder in conjunction with the Finance Bureau, the Public Resources Trading Center, the agency and other units to jointly form the on-site inspection team, before the bidding for the proposed bidding project for on-site inspection, the project that has not fulfilled the bidding and tendering procedures to start construction, the financial sector shall not be allocated funds, the audit department shall not be audited.
(3) Application qualification access. Participation in government investment projects in the region's enterprises and the relevant person in charge shall have the following conditions:
1. Construction projects. The bidding enterprise (hereinafter referred to as "enterprise") shall have the corresponding engineering contracting qualifications and safety production license, and has the ability to independently enter into and fulfill the contract; the person in charge of the project shall have the corresponding engineering qualification certificate and safety production assessment certificate (Class B safety officer certificate) (except for the landscaping project), the enterprise legal person and the project The person in charge has no record of criminal bribery; or there is a record of criminal bribery, but it has been more than 5 years since the date of recording.
2. Procurement and property rights transactions, etc. Enterprises should have the project production or business scope, and have the ability to independently enter into and fulfill the contract, as well as other requirements specified in the bidding documents.
Enterprises participating in the above project bidding and the relevant person in charge of the project because they are in the state of being ordered to suspend production and business or the bidding qualification has been canceled; or property is in the state of being taken over, frozen and bankruptcy; occurred due to fraudulent winning the bid, serious breach of contract or illegal employment, default on payment of wages to the workers, as well as the occurrence of safety, quality and production accidents; or by the relevant departments to suspend the qualification of bidding and in the period of suspension and other breach of faith is still in the notification or Penalty period, the bidder of the government investment project may explicitly reject its bid in the bidding documents.
See Annex 2 for the above specific conditions and requirements for qualification examination.
(d) Bidding deposit payment. District trading projects, the bidder entrusted the public resources trading center to set up a proprietary account, unified management by the Finance Bureau. Bidders should be provided before the opening of the project bidding deposit payment of proof of payment, the payment ratio of 2% of the bidding control price; into the municipal public resources trading center trading projects, according to the provisions of the city's public resources trading regulatory authorities.
(E) the winning unit construction projects generate taxes should be paid in full and in a timely manner into the open area treasury.
Chapter IV Project Transaction Management
Article 11 The bidder shall, in accordance with the law, organize bidding and tendering activities. The bidding projects in the district (including construction, procurement and property rights transactions) shall be publicly released on the district public resources electronic trading platform after being examined and qualified by the district public resources transaction supervisory department. District public resources trading supervision department in accordance with the law on the bidding project registration, opening and evaluation of bids and other activities for the whole process of supervision; the bidding process of questioning, complaints and bid-rigging, bid-rigging and other acts of investigation and handling; into the city of public resources trading center transactions in the city of public resources trading platform to complete the transaction process.
Chapter V Management of Contract Signing
Article 12 Payment of Performance Bond. Before the signing of the contract between the bidder and the successful bidder, the successful bidder shall pay the performance bond to the proprietary account of the Public Resources Trading Center according to the requirements agreed in the bidding documents.
The performance deposit shall be refunded after the completion of the contract performance by presenting the completion acceptance form and so on.
Article 13 Payment of Migrant Workers' Wage Security Deposit. After the completion of the contract between the bidder and the successful bidder, the successful bidder shall pay the migrant laborers' wage deposit in accordance with the standards stipulated in the Measures for the Administration of Migrant Laborers' Wage Payment in the Field of Engineering and Construction in Jiangsu Province.
Article 14 Contract Signing and Filing. The main body responsible for the signing of the contract is the bidder and the successful bidder. The bidder shall, within 30 days from the date of issuance of the notice of award, in accordance with the bidding laws and regulations and the provisions of the bidding documents, and the successful bidder to sign a written contract; and within 7 days after the conclusion of the contract, the contract will be submitted to the city and district public resources trading center for review and filing, the record shall provide the project construction performance bond and migrant workers' wages security deposit vouchers (construction projects must be).
The public resources trading center synchronized project bidding documents, contracts and other related information pushed to the district relevant industry regulatory functions.
The main terms and contents of the contract, such as the subject matter, price, quality, period of performance, etc. shall be consistent with the bidding documents and the bidding documents of the successful bidder, and shall set out the manner of performance guarantee, the amount, the default measures, etc., and the bidders and successful bidders shall not enter into any other agreement that deviates from the substantive content of the contract.
The public resources trading center is responsible for reviewing the bidder's contract conclusion and filing time is in line with the provisions of the main terms and conditions of the bidding documents, the successful bidding documents are consistent.
Failure to fulfill the contract filing procedures for the project, the financial sector and relevant units shall not disburse funds for the construction of the project.
Construction, procurement, property rights trading project contract signing and filing are in accordance with the above provisions.
Chapter VI Contract Performance Management
Article 15 Subcontracting or Subcontracting of Contracts. In order to regulate the bidding for government investment projects and the performance of contracts, project contracts shall not be subcontracted or illegally subcontracted in the course of performance. If the bidder discovers that the successful bidder subcontracts or illegally subcontracts the project, it shall have the right to suspend the contract and report to the public resources trading supervisory department, which shall promptly notify and investigate in accordance with the law.
(i) It is prohibited to subcontract the contracted works illegally. The following acts are illegal subcontracting:
1, contracting professional works or labor operations to subcontracting units that do not have the appropriate qualifications;
2, contracting the main structure of the project to others, except labor operations;
3, contracting part or all of the contracted professional works to others without agreement in the general contract and without the approval of the bidders;
4, contracting part or all of the contracted professional works to others;
5, contracting part or all of the contracted works to others;
6, contracting part or all of the contracted works to others; and p>
4, subcontracting unit to subcontract its contracted works again;
5, other illegal subcontracting behaviors stipulated by laws and regulations.
Subcontracting of the project shall be in accordance with national laws, regulations and bidding documents, and set out in the construction contract, and the bidder shall not designate subcontracting units in violation of the law. The subcontracting unit shall have the appropriate professional contracting qualifications and sign a subcontract with the general contractor in accordance with the law. In principle, the general construction contract and the subcontract shall be filed together.
The general contracting unit according to the general contract is responsible for the bidder, subcontracting unit of its contracted works according to the subcontract is responsible for the general contracting unit. The subcontracting unit and the general contractor shall be jointly and severally liable for the subcontracted works.
(ii) Subcontracting of the contracted works is prohibited. The following acts belong to subcontracting:
1. Failure to fulfill the responsibilities and obligations agreed in the contract, subcontracting all the works contracted by him to others, or dismembering all the works contracted by him and then subcontracting them separately in the name of subcontracting;
2. Other acts of subcontracting stipulated by laws and regulations.
Subcontracting unit has not set up a project management organization and corresponding management personnel at the construction site, and has not organized and managed the construction activities of the subcontracted works, it is regarded as subcontracting.
Construction, procurement, and property rights trading projects are implemented in accordance with the above provisions.
Article 16 Management of Construction Site. The bidders shall, in accordance with the law and in accordance with the management specifications of the competent industry authorities, strengthen the management of the construction site to ensure that the project is completed quickly, efficiently and on schedule.
(1) Construction-type projects. Mainly includes the following key aspects:
1, project manager management. Construction, supervision and other units assigned to the site of the project constructor, superintendent engineer, technical personnel and other key management personnel shall be consistent with the bidding commitment of the personnel, and shall not be changed without authorization. Due to criminal offenses, restrictions on personal freedom, death, injury, illness, loss of ability to perform, resignation and other special reasons need to be replaced, construction, supervision and other units should provide relevant proof, after the consent of the bidder, reported to the public resources trading supervision department for approval before the change. The qualifications, performance and reputation of the changed personnel shall not be lower than the bidding commitment.
Change of key management personnel by the public resources trading supervision department for approval, the basic situation of personnel change and the reasons for the change shall be publicized on the public resources trading website to the community.
2, construction machinery and equipment management. Construction unit of the main mechanical equipment should be in accordance with the bidding documents, contract provisions and project progress needs to be in place in a timely manner, to develop a scientific and reasonable project progress plan and be implemented.
Construction units do not follow the correct method or operating procedures for construction, as well as the use of substandard building materials, in particular, the use of substandard steel, commercial concrete, materials, equipment, semi-finished products may affect the quality, safety and use of functionality, the bidder shall be required to immediately rework, and deal with the contractual terms of the breach of contract.
Government investment projects should be clearly agreed in the contract, due to the construction unit's own reasons for exceeding the node duration, the current period will not be allocated to the project progress payment, a clear agreement on the handling of two consecutive nodes of the duration of more than the control ratio and the termination of the contract, a clear agreement on the total duration of the contract beyond the contract duration of the amount of compensation.
3, supervision unit management. Supervision unit should focus on monitoring the key processes, key parts, hidden works and weak links, to enter the site of the materials, components and equipment for verification and acceptance, the construction unit to report the progress of the project plan and the completion of the amount of work to be carefully examined. Supervision units do not fulfill the supervision obligations in accordance with the requirements, causing losses to the project construction, in addition to strict penalties in accordance with the "Construction Engineering Quality Management Regulations", should also bear the corresponding liability.
(ii) procurement, property rights trading projects. The purchaser shall, in accordance with the requirements of the bidding documents and tender documents, the winning unit to provide goods (services) parameters, technical specifications, quantity and quality, delivery date and maintenance services, such as strict control and verification.
Article XVII Design Change Management. Bidders must be strictly in accordance with the approved project budget, construction standards and construction scale commissioned the design and organization of construction, due to force majeure factors or issues related to safety, quality, functionality and other issues really need to make adjustments to the construction project program should be strictly fulfill the relevant procedures, after approval and implementation. Design changes in the relevant conditions and approval procedures are detailed in Annex 3.
The unauthorized over-budget, over-standard, over-scaled commissioned the design of government investment projects, the main responsibility of the bidder, and in accordance with the law and regulations to pursue the bidder and the design unit violation of the responsibility of the bidder should be contracted not to pay the cost of over-scaled portion of the design.
Design changes mainly refers to construction projects, procurement, property rights trading project changes are generally changes in the number of products, change the conditions and approval procedures with reference to construction projects.
Article XVIII of the management of the completion and acceptance and audit settlement. Upon completion of the project, the completion and acceptance shall be organized in accordance with the provisions of the completion and acceptance, and within the prescribed time to file the project information, and at the same time submitted to the Supervision and Audit Bureau audit.
1, construction category. Upon completion of the project, the bidder organizes construction, supervision and other relevant units to set up an acceptance group, completion and acceptance, apply for construction, planning, safety supervision, fire, urban management, environmental protection and other units in accordance with the competent authorities of the industry to complete a comprehensive acceptance, and within six months to rectify and improve and organize and archive; at the same time in accordance with the prescribed procedures will be sent to the audit of the project settlement information.
2, procurement category, property rights transactions. After the installation and commissioning of goods (service project transfer), the bidder led in conjunction with the design, the successful bidder, the Comprehensive Law Enforcement Bureau, finance and other relevant units to form an acceptance group, in accordance with the procedures for comprehensive acceptance, and rectify and improve and organize the archives within a specified period of time in accordance with the requirements, and at the same time, in accordance with the prescribed procedures will be the project settlement information sent for review.
Limit of more than 100,000 yuan (including) projects, in principle, the implementation of mandatory audit system; limit of more than 20 million yuan (including) projects, in principle, the implementation of tracking and auditing, by the bidder reported to the Management Committee for approval, entrusted to the Supervision and Audit Bureau for tracking and auditing, without auditing the project shall not be subject to final settlement procedures.
3, the bidder should take measures to control the accuracy of the amount sent for audit, in the development of construction tender documents, contract terms, agreed upon the relevant penalty provisions. Project final audit reduction rate exceeding 10% (including) of the amount of the project submitted for audit, all audit costs borne by the construction unit, the audit fee according to the Suqian Economic and Technological Development Zone audit intermediary agencies to implement the rate standard. The above audit fee to be borne by the successful bidder will be set out in the project audit report and deducted from the project price by the bidder.
Article 19 Industry Supervision. District relevant industry authorities in accordance with industry norms, and effectively strengthen industry supervision and law enforcement linkage, improve the system and improve the working mechanism, the formation of regulatory synergy, to ensure the smooth and rapid progress of the project. The implementation of routine inspection and random sampling combined, monthly random inspection of no less than 20% of the project in charge, the problems found during the inspection should be promptly notified and investigated and included in the credit bad record.
Construction Bureau should effectively strengthen the supervision and management of construction projects reported to the supervision and implementation of key aspects of the construction of sampling, and strengthen the construction site dust control and other environmental protection measures such as supervision; Finance Bureau should strengthen the procurement, property rights trading project supply parameters, technical specifications, quantities, delivery and maintenance services such as inspection and other regulatory control; Comprehensive Law Enforcement Administration should strengthen the quality of the goods (products) of the random inspection etc.; urban management bureau should strengthen the slag associated with the project and other supervision; public security bureau, fire brigade should strengthen the key or major public safety construction projects and other supervision; planning bureau should strengthen the project planning approval and acceptance aspects of supervision; land bureau should optimize the supply of land, etc.; environmental protection bureau should strengthen the environmental impact assessment and other supervision.
Other industry authorities shall, in accordance with the regulatory functions and provisions of their respective industries, improve the regulatory system, strengthen the supervision, and investigate and deal with violations of laws and regulations in the construction activities of state-owned investment projects in accordance with the law.
Chapter VII Credit Management
Article 20 Credit Management Joint Mechanism Construction. The public resources trading center in conjunction with the relevant industry authorities, in accordance with law and regulations to establish the project performance credit management mechanism, improve and perfect the file, the implementation of joint control, linkage punishment, and jointly strengthen the project performance credit supervision and management.
(a) performance evaluation mechanism. The bidder shall strictly fulfill the implementation of the project whether the contract performance of the main responsibility, the successful bidder performance process implementation of performance evaluation. Bidders should be combined with the content of the project contract terms and requirements, against the bidding, bidding documents, the performance of the project to evaluate the performance evaluation, performance evaluation of timely submission to the public resources trading center and the competent authorities of the industry, the public resources trading center is responsible for the integrity of the sound performance of the file.
In principle, within 3 days after the completion of each project, the bidder shall submit the performance evaluation form to the public resources trading center, see Annex 4.
1, construction projects. The specific content of performance evaluation includes contract signing and filing, payment of performance bond and migrant workers' wages bond, supervision and management of the construction site of the successful bidder (contractor) (attendance and work of the project manager, project quality, safety, duration, quality of supervision, changes, completion and acceptance, and defects in responsibility, etc.).
2, procurement, property rights trading projects. Performance evaluation of specific content including contract signing and filing, the successful bidder (contractor) supply project parameters, technical specifications, quantity and quality, delivery period and maintenance services.
3, service projects. Performance evaluation of specific content including contract signing and filing, the successful bidder (contractor) service quality, service attitude and service level and confidentiality.
(ii) Notification and investigation mechanism. The bidder shall report to the Public Resources Trading Center and the competent industry department within 3 days from the date of discovery if the successful bidder's performance appears to be a one-vote veto or bad and illegal, etc.;
The competent industry department shall take the initiative to intervene in the supervision of the project's performance affairs, and find the successful bidder's bad or illegal, etc., and shall report to the Public Resources Trading Center within 3 days from the date of discovery, and at the same time carry out investigation and disposal in compliance with laws and regulations. Investigation;
Public Resources Transaction Center within 3 days from the date of receipt of notification or investigation; in principle, before the fifth day of each month to summarize the implementation of the zero-reporting system.
Construction Bureau, Finance Bureau, Comprehensive Law Enforcement Bureau, Economic and Development Bureau, Supervision and Audit Bureau, Political and Social Affairs Office, Safety Supervision Bureau, Urban Management Sub-bureau, Public Security Sub-bureau, Land Sub-bureau, Planning Sub-bureau, Environmental Protection Sub-bureau, Fire Brigade, and Public Resources Transaction Center and other competent authorities in the industry should further strengthen the industry supervision of the performance of the contract, improve and perfect the regulatory mechanism and the industry monitoring system, and intensify the investigation and sanctioning of the winning bidder's contract violation and related violations. violations of the contract and related violations of law, and deal with them in accordance with the law.
(3) Joint office mechanism. Government investment project supervision and management leading group office is responsible for the summary and flow of industry competent departments of the supervision and notification information; project performance evaluation of the summary of the relevant bad or illegal violations of the centralized office; in principle, quarterly office, special matters can be temporarily convened office meeting.
Article 21 The bidder in the bidding and tendering activities related to bad faith behavior information disclosure and use. Bidders in the area of government investment project construction activities, there is a performance evaluation form in the one-vote veto, performance evaluation of less than 60 points, quality and safety accidents, arrears of wages of migrant workers triggered by the group petition collection of events and other acts of bad faith, the public resources trading center shall be promptly published in the district portal. Within three years from the date of publication, the bidder of the district government investment projects can be explicitly rejected in the bidding documents.
Chapter VIII Supplementary Provisions
Article 26 The implementation of government investment projects in lieu of construction, in accordance with the implementation of these measures.
Article 27 Accountability matters in accordance with the Suqian Economic and Technological Development Zone Government Investment Project Management Accountability Measures.
Article 28 These measures shall come into force on the date of publication, the relevant provisions previously developed by the region and inconsistent with these measures, in accordance with the implementation of these measures.
