Measures for the comprehensive management of public resources transactions in Anhui Province by Anhui Bidding Association;
Article 1 In order to strengthen the supervision and management of public resources trading and build a unified and standardized public resources trading platform, these Measures are formulated in accordance with the laws and regulations such as the Bidding Law of People's Republic of China (PRC) and the Government Procurement Law of People's Republic of China (PRC), combined with the actual situation of this province.
Article 2 These Measures shall apply to the supervision and management activities of public resource transactions such as bidding for construction projects, government procurement, assignment of construction land use rights and mining rights, and state-owned property rights transactions within the administrative region of this province.
Trading activities of public resources shall comply with the provisions of relevant laws, regulations and rules.
Article 3 The supervision and management of public resources transactions in the province shall implement a supervision system that combines comprehensive management with industry supervision and separates supervision from transaction handling, and unify system rules, platform transactions, service standards and information disclosure.
Article 4 The development and reform department of the provincial people's government comprehensively manages the province's public resource trading, takes the lead in formulating the province's public resource trading system, the catalogue of entry trading projects, the construction standards of information systems, and the service standards of places, coordinates industry supervision, and manages the province's comprehensive bid evaluation expert database.
The departments of finance, land and resources, housing and urban construction, transportation, water conservancy, education, health and family planning, state-owned assets supervision and management of the provincial people's government shall, according to their respective functions and duties, guide the public resource transactions of relevant industries in the province and supervise the public resource transactions of relevant industries.
Article 5 The comprehensive management department of public resource transactions established by the municipal and county people's governments according to law comprehensively manages the public resource transactions in the whole city, takes the lead in formulating the catalogue and trading rules of local entry transactions, supervises the construction and operation of trading places, and coordinates industry supervision.
Article 6 With the approval of the provincial people's government, the municipal and county people's governments may relatively centralize the power of administrative punishment in the field of public resources trading.
Article 7 The people's governments of provinces and cities divided into districts shall integrate platforms such as bidding for construction projects, government procurement, assignment of construction land use rights and mining rights, and trading of state-owned property rights, promote the establishment of a public resource trading platform composed of institutional rules, information systems, operating mechanisms and necessary places, and provide trading guarantee, information services and regulatory support for market subjects, the public, comprehensive management and industry supervision departments.
Article 8 The development and reform department of the provincial people's government shall, jointly with relevant departments, formulate a unified trading system and technical specifications for the whole province according to the relevant laws and regulations and the characteristics of public resources trading, and implement them after being submitted to the provincial people's government for approval.
Article 9 The municipal people's governments of provinces and districts shall promote the construction of public resources trading, services and supervision information systems, integrate and share market information, credit information, supervision information and expert resources, and gradually realize the transformation of public resources trading from relying on tangible markets to electronic platforms.
Tenth provincial people's government shall, in accordance with the national professional classification standards for bid evaluation experts, establish a provincial comprehensive evaluation expert database and connect it with the national comprehensive evaluation expert database.
If the transaction of public resources needs expert evaluation, it shall be randomly selected from the comprehensive evaluation expert database at or above the provincial level.
Eleventh provinces and Hefei jointly set up Anhui Hefei public resources trading place, encourage the cities and counties with districts to carry out integrated management of public resources trading places, and encourage cross-city use of public resources trading places to implement public resources trading.
Article 12 The operating institutions of public resources trading places (hereinafter referred to as trading centers) shall provide trading services such as bid evaluation, verification and on-site business handling according to the service standards of the places, and are not subordinate to the comprehensive management and industry supervision departments.
Thirteenth trading center shall not exercise or act as an agent for administrative examination and approval and filing rights, and shall not illegally engage in intermediary services such as bidding agency.
Trading centers and comprehensive management and industry supervision departments shall not set restrictive conditions such as membership registration, qualification verification, bidding or bidding permission, illegal compulsory guarantee, and the requirement to set up branches, and shall not interfere in trading activities.
Trading centers generally do not charge. If it is really necessary to charge, it shall be reported to the competent price department of the provincial people's government for approval of the charging items and standards in accordance with the principle of compensation for operating costs.
Fourteenth project units and trading centers shall sort out the files of trading projects and save the announcements, trading documents, bid evaluation reports, audio and video recordings or electronic materials.
Fifteenth industry supervision departments should establish a credit database of participants and employees in the public resource trading market, record violations of law and discipline, and make it public according to law.
Trade associations in the field of public resources trading shall, in accordance with laws, regulations and articles of association, implement self-discipline management and standardize the practice behavior of management members.
Sixteenth comprehensive management, industry supervision departments and their staff failed to perform their supervisory duties according to law, or illegally set restrictive market access conditions, shall be punished according to law. The supervisory organ shall supervise the objects of supervision related to public resources trading activities according to law.
Seventeenth trading center and its staff have one of the following acts, shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) to exercise or act as an agent for administrative examination and approval and filing;
(two) directly or in disguised form to engage in intermediary services such as bidding agency;
(3) Illegally setting restrictive market access conditions;
(4) Intervening in trading activities;
(5) collecting fees in violation of regulations.
Trading center and its staff have leaked pre-tender estimate and other illegal acts, which shall be handled in accordance with laws and regulations such as bidding.
Eighteenth the measures shall come into force as of 20 1+05+0. Before the promulgation and implementation of these measures, the relevant provisions in the field of public resources trading in this province are inconsistent with these measures, and these measures shall prevail.
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