国家重大建设项目招标投标监督暂行办法_法律英语

国家重大建设项目招标投标监督暂行办法

文章来源：文章作者：发布时间：2007-06-07 02:51 字体： [大中小]　进入论坛

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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 formulated² in accordance with the PRC, Invitation and Submission³ of Bids Law, the State Council General Office, Issue of the Implementation⁵ of Division of Responsibilities by the Relevant Departments of the State Council for the Administrative⁶ Supervision⁷ of Invitation and Submission of Bids Opinion Circular (Guo Ban Fa [2000] No. 34) and the Auditing⁹ 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 authorized¹⁰ by the State Council to organize specially-designated inspectors¹¹ and their assistants for major State construction projects (Inspectors) to implement⁴ supervision and inspection¹² 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 evaluation¹³ 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, Ministry¹⁴ 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 inviting¹⁵ 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 stipulated¹⁶ in the PRC, Invitation and Submission of Bids Law and the PRC, Contract Law. The construction standards, details of construction and contract price specified¹⁷ 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 authorization¹⁸.

　　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 investigation¹⁹ 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 audit⁸ on an ongoing²⁰ basis or on a spot-check basis. Ongoing audit shall refer to the tracking and control throughout the entire process of all invitations and submissions²¹ 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 determined²² 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 compliance²³ 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 authenticity²⁴;

　　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 acting²⁵ 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 confidential²⁶ 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 violation²⁷:

　　1. A warning.

　　2. An order to rectify²⁸ the matter within a stipulated period.

　　3. A fine.

　　4. Confiscation²⁹ of the illegal income.

　　5. Revocation³⁰ 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 revoke³¹ 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 judicial³² 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 implemented³³ jointly³⁴ 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 imposing³⁵ 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, autonomous³⁶ regions and municipalities directly under the central government may formulate¹ 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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收听单词发音

1 formulate
v.用公式表示；规划；设计；系统地阐述
参考例句：
He took care to formulate his reply very clearly.他字斟句酌，清楚地做了回答。 I was impressed by the way he could formulate his ideas.他陈述观点的方式让我印象深刻。

2 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

3 submission
n.服从，投降；温顺，谦虚；提出
参考例句：
The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。 No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。

4 implement
n.(pl.)工具，器具；vt.实行，实施，执行
参考例句：
Don't undertake a project unless you can implement it.不要承担一项计划，除非你能完成这项计划。 The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。

5 implementation
n.实施，贯彻
参考例句：
Implementation of the program is now well underway.这一项目的实施现在行情看好。

6 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

7 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

8 audit
v.审计；查帐；核对；旁听
参考例句：
Each year they audit our accounts and certify them as being true and fair.他们每年对我们进行账务审核，以确保其真实无误。 As usual,the yearly audit will take place in December.跟往常一样，年度审计将在十二月份进行。

9 auditing
n.审计，查账，决算
参考例句：
Auditing standards are the rules governing how an audit is performed.收支检查标准是规则统治一个稽核如何被运行。 The auditing services market is dominated by a few large accounting firms.审计服务市场被几家大型会计公司独占了。

10 authorized
a.委任的，许可的
参考例句：
An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

11 inspectors
n.检查员( inspector的名词复数 )；（英国公共汽车或火车上的）查票员；（警察）巡官；检阅官
参考例句：
They got into the school in the guise of inspectors. 他们假装成视察员进了学校。来自《简明英汉词典》 Inspectors checked that there was adequate ventilation. 检查员已检查过，通风良好。来自《简明英汉词典》

12 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

13 evaluation
n.估价，评价；赋值
参考例句：
I attempted an honest evaluation of my own life.我试图如实地评价我自己的一生。 The new scheme is still under evaluation.新方案还在评估阶段。

14 ministry
n.(政府的)部；牧师
参考例句：
They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。 We probed the Air Ministry statements.我们调查了空军部的记录。

15 inviting
adj.诱人的，引人注目的
参考例句：
An inviting smell of coffee wafted into the room.一股诱人的咖啡香味飘进了房间。 The kitchen smelled warm and inviting and blessedly familiar.这间厨房的味道温暖诱人，使人感到亲切温馨。

16 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

17 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

18 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

19 investigation
n.调查，调查研究
参考例句：
In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。 He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

20 ongoing
adj.进行中的，前进的
参考例句：
The problem is ongoing.这个问题尚未解决。 The issues raised in the report relate directly to Age Concern's ongoing work in this area.报告中提出的问题与“关心老人”组织在这方面正在做的工作有直接的关系。

21 submissions
n.提交( submission的名词复数 )；屈从；归顺；向法官或陪审团提出的意见或论据
参考例句：
The deadline for submissions to the competition will be Easter 1994. 递交参赛申请的截止时间为1994年的复活节。来自辞典例句 Section 556(d) allows the agency to substitute written submissions for oral direct testimony in rulemaking. 第五百五十六条第（四）款准允行政机关在规则制定中用书面提交材料替代口头的直接证言。来自英汉非文学 - 行政法

22 determined
adj.坚定的；有决心的
参考例句：
I have determined on going to Tibet after graduation.我已决定毕业后去西藏。 He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

23 compliance
n.顺从；服从；附和；屈从
参考例句：
I was surprised by his compliance with these terms.我对他竟然依从了这些条件而感到吃惊。 She gave up the idea in compliance with his desire.她顺从他的愿望而放弃自己的主意。

24 authenticity
n.真实性
参考例句：
There has been some debate over the authenticity of his will. 对于他的遗嘱的真实性一直有争论。 The museum is seeking an expert opinion on the authenticity of the painting. 博物馆在请专家鉴定那幅画的真伪。

25 acting
n.演戏，行为，假装；adj.代理的，临时的，演出用的
参考例句：
Ignore her,she's just acting.别理她，她只是假装的。 During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

26 confidential
adj.秘（机）密的，表示信任的，担任机密工作的
参考例句：
He refused to allow his secretary to handle confidential letters.他不让秘书处理机密文件。 We have a confidential exchange of views.我们推心置腹地交换意见。

27 violation
n.违反(行为)，违背(行为)，侵犯
参考例句：
He roared that was a violation of the rules.他大声说，那是违反规则的。 He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

28 rectify
v.订正，矫正，改正
参考例句：
The matter will rectify itself in a few days.那件事过几天就会变好。 You can rectify this fault if you insert a slash.插人一条斜线便可以纠正此错误。

29 confiscation
n. 没收, 充公, 征收
参考例句：
Confiscation of the property of all emigrants and rebels. 没收一切流亡分子和叛乱分子的财产。来自英汉非文学 - 共产党宣言 Confiscation of smuggled property is part of the penalty for certain offences. 没收走私财产是对某些犯罪予以惩罚的一部分。

30 revocation
n.废止，撤回
参考例句：
the revocation of planning permission 建筑许可的撤销 The revocation of the Edict of Nantes was signed here in 1685. 1685年南特敕令的废除是在这里宣布的。来自互联网

31 revoke
v.废除，取消，撤回
参考例句：
The university may revoke my diploma.大学可能吊销我的毕业证书。 The government revoked her husband's license to operate migrant labor crews.政府撤销了她丈夫管理外来打工人群的许可证。

32 judicial
adj.司法的，法庭的，审判的，明断的，公正的
参考例句：
He is a man with a judicial mind.他是个公正的人。 Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

33 implemented
v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效
参考例句：
This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。来自《现代汉英综合大词典》 The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。来自辞典例句

34 jointly
ad.联合地，共同地
参考例句：
Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。 She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。

35 imposing
adj.使人难忘的，壮丽的，堂皇的，雄伟的
参考例句：
The fortress is an imposing building.这座城堡是一座宏伟的建筑。 He has lost his imposing appearance.他已失去堂堂仪表。

36 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

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