Notice of the People's Government of Shandong Province on Printing  Distributing the "Interim Measures for the Administration of Public Resources Trading Platforms in Shandong Province"  "Interim Measures for the Management of Expert Databases  Experts for Comprehensive Evaluation  Evaluation of Public Resources Transactions in Shandong Province"

Lu Zhengzi (2016) No. 218

The people's governments of all cities, the people's governments of all counties (cities, districts), all departments of the provincial government, all directly affiliated institutions, all major enterprises, all institutions of higher learning:

The "Interim Measures for the Management of Public Resources Trading Platforms of Shandong Province"  the "Interim Measures for the Management of Expert Databases  Experts for Comprehensive Evaluation  Evaluation of Public Resources Trading in Shandong Province" are hereby issued to you. Please implement them carefully.

Shandong Provincial People's Government

September 27, 2016

(This piece is publicly released)

Interim Measures for the Administration of Public Resources Trading Platforms in Shandong Province

Chapter One 　 General Provisions

Article 1 In order to regulate the operation of public resource trading platforms in the province, improve the efficiency  effectiveness of public resource allocation, strengthen supervision  control over the operation of power,  safeguard national interests, social public interests  the legitimate rights  interests of transaction parties, in accordance with relevant laws  regulations  the deployment of the State Council It is required to formulate this method based on the actual situation of our province.

Article 2 These Measures are applicable to the construction, operation, service, supervision  management of public resource trading platforms within the province.

Article 3 The “public resource trading platform” mentioned in these Measures refers to the implementation of unified systems  standards, an open  shared public resource trading electronic service system  a standardized  transparent operating mechanism, which are market entities, the public, administrative supervision  management departments, etc. A system that provides comprehensive services for public resource transactions.

Article 4 "Public resource transactions referred to in these Measures refer to resource transaction activities of public  public interest that involve public interest  public safety.

Public resource transaction projects such as bidding  bidding for construction projects, government procurement, land use rights  mining rights transfers, state-owned property rights transactions, procurement of medical equipment (medical consumables), franchise rights,  other publicly owned public interests  public safety , Public welfare resource trading activities must be publicly traded on the public resource trading platform.

Article 5 　Public resource trading platforms shall be based on the positioning of public service functions, adhere to the development direction of electronic platforms,  follow the principle of government-led operation, separation of management  operation, openness  transparency, resource sharing, efficient  convenient operation,  law-abiding integrity.

Article 6: In accordance with the requirements that decision-making powers, execution powers,  supervision powers both restrict  coordinate with each other, implement a regulatory system  operating mechanism in which the functions of public resource transaction services, management  supervision are separated.

Chapter Two 　 Organization Management

Article 7: Establish a joint meeting system for provincial public resource transaction management work. The executive vice governor of the provincial government serves as the general convener of the joint meeting, who is responsible for the overall guidance  coordination of the integration  construction of the province's public resource trading platform. The joint meeting office is located in the Provincial Development  Reform Commission.

The Provincial Public Resources Transaction Comprehensive Management Office undertakes the daily work of the Joint Conference Office. Its main responsibilities are: responsible for the comprehensive management  coordination of public resource transactions in the province,  organize relevant departments to formulate relevant transaction rules, service procedures  standards, regulatory systems  accountability System; Cooperate with relevant departments to build, manage  maintain the evaluation expert database; supervise  manage the public resource trading platform.

The administrative supervision  management departments of bidding, finance, land  resources, state-owned assets, health  family planning at all levels are responsible for the supervision  management of public resource trading activities in accordance with the prescribed division of responsibilities.

Article 8 　The Provincial Public Resources Trading Center (branded as Provincial Government Procurement Center)  the Provincial Public Resources (State-owned Property Rights) Trading Center are unified  standardized provincial-level public resource trading platform operation service organizations, which mainly perform the following duties:

(1) Implement laws, regulations  policies related to public resource transactions,  provide venues, facilities  services for public resource transactions;

(2) Organizing  implementing management systems such as procedures  operating rules for public resource trading activities;

(3) Entrusted  authorized to organize  implement transactions within the scope of the public resource transaction catalog. Check the relevant procedures of the entry trading project  the qualifications of all parties involved in the trading activities in accordance with the regulations;

(4) Undertaking the operation  maintenance of the provincial public resource trading platform,  publishing public resource trading information in accordance with regulations;

(5) Sorting out  storing relevant data in the transaction process, establishing public resource transaction credit files,  providing support for the supervision of the public resource transaction industry;

(6) To undertake other matters assigned by the provincial government.

Article 9: All districts  cities shall integrate  establish a unified  standardized public resource trading platform.

The Municipal Development  Reform Commission is responsible for the comprehensive management of public resource transactions. Its main responsibilities are:

(1) Responsible for the comprehensive management  coordination of public resource transactions in the region;

(2) Formulate  implement the public resource transaction management system, transaction catalog, service process  standards at this level;

(3) Supervise  manage the operation of municipal-level public resource trading platforms  county-level sub-centers;

(4) Responsible for the supervision of public resource transaction matters that have  been specified by laws  regulations.

Integrate city-level public resource trading platform operation service agencies,  set up the city public resource trading center (branded as the municipal government procurement center), which is a public welfare institution of the municipal service management agency,  is a unified  standardized municipal public Resource trading platform operation service organization. The municipal service management agency shall be responsible for the daily management  supervision of the personnel  property of the Municipal Public Resources Exchange Center,  study  determine the important matters related to the Municipal Public Resources Exchange Center. If the municipal public resource trading platform operation service organization has been integrated in place, the current management system shall be maintained temporarily. The main responsibilities of the Municipal Public Resources Trading Center are:

(1) Responsible for the construction, management  maintenance of the public resource trading platform;

(2) Providing places, facilities  services for public resource trading activities;

(3) Proposing proposals for public resource transaction management systems  transaction rules;

(4) Being entrusted  authorized to implement transactions within the scope of the public resource transaction catalog;

(5) Collect, publish  store various public resource transaction information, establish public resource transaction credit files,  provide support for the comprehensive management, administrative supervision, supervision  audit of public resource transactions, etc.

Chapter III Scope of Transaction

Article 10 　Public resource trading implements catalog management of entry projects. The provincial government uniformly released the "Shandong Provincial Public Resource Transaction Catalog"  the scope  scale of public resource projects traded on provincial platforms. All items listed in the "Shandong Provincial Public Resource Transaction Catalog" should be traded in the Public Resource Exchange Center. Implement dynamic management of the "Shandong Provincial Public Resource Transaction Catalog". The provincial public resource transaction comprehensive management department will propose adjustment opinions in conjunction with the relevant provincial administrative supervision  management departments. After review by the provincial public resource transaction management joint meeting, it will be submitted to the provincial government for approval according to procedures carried out.  laws  regulations provide otherwise, follow those provisions.

Article 11: The public resource transaction catalog shall include the following items:

(1) Government investment, investment using state-owned funds (including fiscal funds),  state-owned investment holding  dominant new construction, reconstruction,  expansion engineering construction projects (including engineering  engineering-related goods  services) that are subject to bidding;

(2) Government procurement items in the centralized government procurement catalog using fiscal funds;

(3) Bidding, auction  listing of commercial land use rights, transfer of mining rights;

(4) Transfer of state-owned (collective) property rights, equity, management rights, cultural property rights,  intellectual property rights;

(5) Centralized procurement of medicines, large-scale medical equipment  medical consumables;

(6) The right to operate special industries, the right to operate urban roads, the right to confiscated  judged objects by administrative agencies  courts, the right to naming roads, bridges  streets,  the right to operate large-scale outdoor advertising;

(7) Infrastructure  public utilities related to social public interest  public safety,  projects that use non-public resources such as funds  international organizations  foreign governments;

(8) Other projects for which public bidding (procurement) is required in accordance with the law  other prescribed social  public resource transactions.

Special projects stipulated by laws  regulations may  enter the public resource trading platform.

Article 12: Allow  encourage central enterprises to invest in Shandong, public resource transaction projects  listed in the "Shandong Provincial Public Resource Transaction Catalog",  non-public resource transaction projects to enter the province's public resource trading platform for transactions.

Chapter Four 　Trading Rules

Article 13 The operation of the public resource trading platform shall follow the relevant laws  regulations  the unified trading rules in various fields formulated by the relevant departments of the State Council. In accordance with the principles of openness, fairness, fairness,  good faith, a unified trading platform, a unified rule process,  a unified Information release, unified expert resources, unified integrated management operation mode.

Article 14 Projects that are traded through the Public Resource Exchange Center shall adopt methods such as public bidding, invited bidding, auction, bidding, listing, competitive negotiation, competitive negotiation, price inquiry,  single-source procurement in accordance with corresponding trading rules. Trading. If laws  regulations  national policies provide otherwise, those provisions shall prevail.

Article 15 　Public resource trading items that enter the market shall meet the trading conditions stipulated by laws  regulations. Transaction projects that need to go through project approval  approval procedures in accordance with relevant state regulations must be submitted to the relevant administrative supervision  management department for approval  approval before entering the market.

Article 16 "Projects entering the public resource trading center shall be traded in accordance with the following provisions:

(1) The bid inviting party shall handle the bidding registration at the Public Resource Exchange Center with the legal  compliance materials issued by the relevant administrative supervision  management department;

(2) The tenderee shall submit the bidding announcements, bidding documents  other transaction information to the Public Resources Exchange Center for release;

(3) The public resource trading center shall check the relevant procedures of the entry trading project in accordance with the regulations,  shall check the qualifications of all parties participating in the transaction activities in accordance with the regulations for the public resource trading projects entrusted  authorized to implement;

(4) The bidder shall submit a bid bond in accordance with the provisions of the bidding documents. The Public Resources Trading Center shall establish a system of deposit collection  refund in accordance with relevant regulations;

(5) For public resource transaction projects that are entrusted (authorized) to be organized  implemented by the Public Resource Exchange Center, in accordance with the provisions of the bidding documents, organize the selection of experts, organize  urge related parties to confirm the transaction results,  issue a bid winning notice in accordance with relevant regulations;

(6) After completing the project transaction, the Public Resources Exchange Center will issue transaction witness (authentication) documents to the relevant transaction entity,  return the bid bond to the bidder in accordance with regulations;

(7) The public resource trading center shall archive the electronic documents, paper materials, audio  video, etc. generated during the transaction service process in accordance with relevant regulations,  provide inquiry services;

(8) State-owned property rights, medicines  medical consumables items that enter the public resource trading center shall be implemented in accordance with relevant national  provincial regulations.

Article 17 The public resource trading platform shall publish all kinds of public resource transaction announcements, qualification review results, transaction process information, transaction information, contract performance information,  related change information,  other information that should be disclosed in a timely manner in the public resource transaction electronic service system ,  at the same time published in designated media in accordance with regulations. Except for information involving state secrets, business secrets, personal privacy,  other information that should be kept confidential in accordance with the law.

Article 18: If bidders have objections to the bidding documents, transaction process  bid evaluation results, they may raise inquiries  questions to the bid inviting party in accordance with the law,  the bid inviting party shall reply within the legal time limit in accordance with relevant regulations.

If there are still objections to the reply, they can file a complaint  appeal to the relevant administrative supervision  management department in accordance with the law. The relevant administrative supervision  management department shall deal with it in a timely manner in accordance with the relevant regulations  publish it on the public resource trading electronic service system as required.

Article 19: The Public Resource Trading Center shall, in accordance with relevant regulations, set up an electronic network extraction terminal for bid evaluation experts,  use the province's unified comprehensive bid evaluation expert database to provide bid evaluation  evaluation expert services for various public resource trading activities.

Article 20 　The public resource trading center shall set up an independent expert extraction room with functions such as computer random extraction, automatic voice notification,  sealed printing of lists.

No unit  individual may appoint an expert in any way, expressly  implicitly,  in disguise.

Article 21 The public resource trading center shall improve physical isolation, technical isolation, process isolation  other measures, install audio  video monitoring, electronic bid evaluation, remote bid evaluation, voice intercom  other systems,  establish overnight bid evaluation, electronic access control,  fingerprints. With identity recognition, automatic security inspection  other facilities  equipment, the whole process  full time electronic monitoring of public resource transactions can be realized.

Chapter 5 　 Transaction Service

Article 22: The public resource trading center shall establish a management service system  internal operating mechanism that are coordinated  supervised by each other to realize the standardization, institutionalization, proceduralization  electronicization of public resource trading activities.

Article 23: The public resource trading center shall scientifically formulate transaction workflows in accordance with relevant regulations  the characteristics of different types of public resource transaction projects, which shall be implemented after approval by the public resource transaction comprehensive management department at the same level in conjunction with relevant administrative supervision  management departments.

Article 24: The public resource trading center shall provide related services such as venues, information, consultation, expert extraction, witness (verification), file inquiries, as well as centralized settlement of drug payments,  settlement of property rights transactions.

Article 25: In principle, no fees will be charged for public resource projects traded on the public resource trading platform. Related costs  expenditures shall be settled by all levels of finance according to the original channels. Shandong Provincial Public Resources (State-owned Property Rights) Trading Center is temporarily implemented in accordance with current regulations. Non-public resource projects will still be implemented in accordance with the existing charging regulations, but conditions must be created to gradually reduce transaction costs  reduce the burden on transaction entities.

Article 26: The department for the comprehensive management of public resource transactions shall establish a statistical analysis system for public resource transaction data. The public resource trading center shall, in accordance with relevant requirements, regularly submit transaction data  analysis reports to the public resource trading comprehensive management department at the same level  the public resource trading center at the next higher level,  copy to the relevant administrative supervision  management department.

The Provincial Public Resource Trading Center is responsible for the collection, sorting  analysis of public resource transaction data across the province,  provides timely public resource transaction information required by relevant administrative supervision  management departments as required.

Article 27 　The public resource trading center shall proactively announce the service content, service procedures, work specifications, supervision channels  other matters to the public through the public resource trading electronic service system,  accept social supervision.

Article 28 　Public Resources Trading Center  its staff shall  engage in the following activities in public resource trading activities:

(1) Exercising any administrative supervision  management functions such as examination  approval, filing, supervision  punishment;

(2) Engaging in illegal  compulsory designation of intermediary services such as bidding, auction, government procurement agency,  project cost;

(3) Compulsory entry of items that are  listed in the "Shandong Public Resource Trading Catalog"  non-public resource trading items;

(4) Interfering with market entities' selection of public resource electronic trading systems to be constructed  operated in accordance with the law;

(5) The relevant license materials of the illegally detained enterprises  personnel;

(6) Obstructing  repelling other regional market entities  entering the local public resource trading market through restrictive conditions such as setting up registration, setting up branches, qualification verification, bidding (biding) permits,  compulsory guarantees;

(7) Illegal requirements for the legal representative of the enterprise to be present to go through relevant formalities;

(8) Other violations of laws  regulations.

Chapter VI 　 Information Service

Article 29: The Provincial Public Resource Exchange Center shall comply with the national unified technical standards