National Development and Reform Commission: The winner of the bid must not subcontract and subcontract in illegal bidding projects

China Economic Net, Beijing, August 1st. According to the website of the National Development and Reform Commission, recently, 13 departments such as the National Development and Reform Commission, the Ministry of Industry and Information Technology, and the Ministry of Public Security have issued the "National Development and Reform Commission and other departments and other departments on strict implementation of bidding bidding regulations and systems. Several opinions of further standardizing the behavior of bidding and bidding subjects "(Development and Reform Regulations [2022] No. 1117, hereinafter referred to as" Opinions "). The responsible comrades of the National Development and Reform Commission of the National Development and Reform Commission answered questions from reporters on the relevant situation of the "Opinions". The "Opinions" requires that the bidding and performance acts are strictly regulated. The bidder should participate in the bid in accordance with the law and consciously maintain the fair competition order. Transfer and illegal subcontracting; increase the crackdown on illegal bidding, strictly implement administrative penalties in accordance with the law, and include the credit records in accordance with regulations. Transfer to relevant authorities.

The full text is as follows:

The comrades of the Law and Regulations Department of the National Development and Reform Commission were responsible for the "Several Opinions of the State Development and Reform Commission and other departments on strict implementation of bidding and bidding regulations to further regulate the subjective of bidding bidding subjects"

In order to fully implement the spirit of the 19th National Congress of the Communist Party of China and the 19th Plenary Session, according to the Sixth Plenary Session of the 19th Central Commission for Discipline Inspection and the Fifth Integrity Work Conference of the State Council, recently, the National Development and Reform Commission, the Ministry of Industry and Information Technology, and Public Security The Ministry of Housing and Urban -Rural Development, the Ministry of Transport, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Agriculture and Rural, the Ministry of Commerce, the Audit Office, the State Administration of Radio, Film and Television, the National Energy Administration, the National Railway Administration, the China Civil Aviation Administration, the "National Development and Reform Commission and other departments and other departments Several Opinions of the Strictly Implementation of Bidding and Bidding Regulations to further standardize the subjective of the bidding and bidding subjects "(the Regulations and Regulations of Development and Reform [2022] No. 1117, hereinafter referred to as the" Opinions "). The responsible comrades of the National Development and Reform Commission of the National Development and Reform Commission answered questions from reporters on the relevant situation of the "Opinions".

1. What is the background of the "Opinions"?

The bidding and bidding system is an important part of the socialist market economy system. It is of great significance to give full play to the decisive role of the market in the allocation of the market, to better play the role of the government, deepen the reform of the investment and financing system, improve the efficiency of state -owned funds, and prevent punishment corruption. Essence In recent years, various regions and departments have seriously implemented the "Bidding and Bidding Law" and supporting regulations and regulations. It played an important role.

However, it should be seen that the current bidding and bidding market still faces some prominent issues that need to be solved. The main responsibility of the bidder's subject is not in place, and all kinds of unreasonable restrictions and hidden barriers have not been completely eliminated. Illegal acts such as avoiding bidding, false bidding, siege bidding, relevant departments and leading cadres intervene are still prone to high incidence. The levels are uneven, and some bid evaluation experts are unfair and unprofessional, which leads to the results of the bidding results of some projects that do not meet the actual needs or the implementation effect is not good. It restricts the performance of the bidding and bidding system.

The Sixth Plenary Session of the 19th Central Commission for Discipline Inspection was clearly deployed. This year, we must pay attention to the key areas and key links with high policy support, intensive investment, and concentrated resources. The five -time clean government conference pointed out that public resources trading and other areas are high -risk areas of corruption. Key fields must focus on grasping, further improve institutional norms, and severely punish various corruption behaviors. In order to thoroughly implement the decision -making and deployment of the Party Central Committee and the State Council, on the one hand, the Ministry of Justice and the National Development and Reform Commission are continuing to accelerate the revision of the Bidding and Bidding Law; on the other hand, through the introduction The supporting system mechanism has a short board, tightening the cage of regulations and systems, consolidating the responsibility and administrative supervision responsibilities of the bidding bidding, and strictly regulating the subject of the bidding bidding.

2. What are the goals and main ideas of the "Opinions" to specify the goal and main ideas of bidding and bidding?

The "Opinions" comprehensively bend the direction of public resource transaction reform in the central government and the requirements of party style and clean government construction, and keep an eye on the current prominent issues in the field of bidding and bidding to achieve the clearer and reasonable power and responsibilities of the bidding and bidding parties. The operation and regulatory system is more complete and powerful, and give full play to the rigid constraints of the regulations and systems, and guide the development of bidding activities in more standardized and orderly directions.

The first is to clarify the main powers and responsibilities, and delineate the boundary of the behavior. Strengthen the responsibility of the subject of the bidder, the illegal behavior of the bidder, restrict the evaluation of experts, strengthen the daily supervision of bidding agencies, and promote the formation of a clear bidding and bidding governance environment with clear power and responsibility and strong supervision.

The second is to improve the closed -loop management, and the program results are equal. The orderly guidance bidding bidding activities are transformed by a single type control of a single type to the program control and performance results. The bad tendency of re -procurement procedures and light procurement results in the practice will promote the formation of closed -loop management of the front, bidding and post -bid full -chain.

The third is to strengthen rigid constraints and strict accountability. Promote the administrative supervision department to effectively perform their duties, strengthen industry self -discipline and social supervision, improve random spot checks, smart supervision, and credit supervision methods, establish effective coordination and linkage mechanisms with public security organs, strengthen cooperation with disciplinary inspection and supervision organs and audit organs, and severely crack down on severe blows. Violations of laws and disciplines illegal crimes.

The fourth is the innovation system and mechanism to improve the effectiveness of work. Vigorously promote the electronic transactions of the full -process process, and actively absorb the publicity of the bidding documents, the review of the bid evaluation report, the contract performance acceptance of the contract, the performance evaluation of the bidding project, the long -range bid evaluation, the internal reporter, and the execution of the execution, etc. Improve the actual effect of standardizing bidding and bidding activities.

3. What are the main policies and measures for the "Opinions"?

The "Opinions" proposes 20 specific policies and measures in 5 aspects.

In terms of strengthening the main responsibility of the bidder, the "Opinions" proposes that the bidding autonomy is implemented in accordance with the law. , In addition to special circumstances, the bidding items must be implemented in accordance with the law. A full -process electronic transaction shall be implemented; the preparation and release of the bidding documents must be standardized to ensure that legal compliance, scientific and reasonable, and in line with demand; Affecting the members of the bid evaluation committee in fair and independent bid evaluation; strengthening the review of the bid evaluation report, and the bidder found that the scoring score is high and low, the abnormal low -cost bidding, etc., in accordance with the legal procedure Handle the process of processing and receiving objections; implement the responsibility for the performance of contract performance, strengthen the administrative supervision of contract ordering, performance and change; strengthen the management of bidding archives, strictly prohibit tampering, damage, forge, or destroy without authorization; strengthen internal control management, actively play an internal supervision role Essence

In terms of resolutely cracking down on illegal bidding and dishonesty performers, the "Opinions" requires strictly regulating bidding and performance behaviors. Mysterious objections to objection complaints or reports, the winning bidder shall not subcontract and subcontract illegal bidding; increase the crackdown on illegal bidding, strictly implement administrative penalties in accordance with the law, and include in accordance with regulations. Responsible persons are handled in accordance with regulations and discipline and law, and they are suspected of being suspected of crime to the relevant authorities in a timely manner.

In terms of strengthening the management of bid evaluation experts, the "Opinions" clearly states that the discipline of the bid evaluation is serious, ensuring that the bid evaluation experts are serious, fair, honest, honest, and diligently fulfilled the duties of experts, and the illegal behavior of the bid evaluation experts should be investigated and punished in accordance with the law. , Reasonably set up experts to extract professional, scientifically set bid evaluation standards and methods, ensure sufficient bid evaluation time, guide experts to standardize the exercise of free tailoring in the professional and technical scope; strengthen the dynamic management of bid evaluation experts, establish and improve the entry of bid evaluation experts The management systems such as database review, pre -job training, continuing education, assessment and evaluation, and integrity education; strictly standardize and optimize the organization of bid evaluation, actively promote the online remote evaluation of the network, strengthen operation and management The whole process of the activity trajectory can be tracked and traced back.

In terms of regulating the service behavior of bidding agency, the "Opinions" proposed that the bidding agency and their employees shall operate in accordance with laws and regulations, and self -discipline. Create the legitimate rights and interests of national interests, public interests, and bidding bidding activities; strengthen the management of bidding agencies and employees, and use the bidding agent as the key content of the supervision of "double random and one open", strengthen the self -discipline construction of the bidding agency industry, promote the promotion Improve bidding agency service capabilities.

In terms of further implementation of supervision and management responsibilities, the Opinions require, improve the supervision mechanism, unblock complaint channels, disclose the results of the complaints in accordance with regulations, encourage the establishment of an internal reporter system, accelerate the promotion of "Internet + supervision", improve the administrative supervision departments Coordinated supervision and information sharing mechanism; increase supervision efforts, comprehensively implement the "dual -random and one open" supervision, resolutely overcome the protection and industry protection in regulatory law enforcement, combat illegal bidding and bidding with zero tolerance, and establish effective establishment with public security organs with public security organs. Coordinate the linkage mechanism, strengthen the cooperation with the disciplinary inspection and supervision authorities and audit authorities, strengthen the construction of local regulatory law enforcement forces; improve the credit system, build a new type of supervision mechanism based on credit -based and connect the bid before the bid. The impact of administrative punishment decisions publicly established the credit evaluation indicators and standards of the main body of the bidding and bidding market in accordance with the law, promote the reasonable and standardized application of credit information in the bidding and bidding activities, and implement the disciplinary punishment of losing trust in accordance with laws and regulations in accordance with laws and regulations.

4. How to deal with the relationship between strictly regulating the bidding and bidding activities and high -efficiency coordinating epidemic prevention and control and economic and social development?

Since March of this year, affected by the excellent factors such as the new crown pneumonia and the Ukraine crisis, the downward pressure on my country's economic downlink is significantly increased. It is essential to maintain economic operation in a reasonable range. Accelerating the construction of major projects is an important support for expanding domestic demand and stabilizing the economic market. It is a key measure to optimize the supply structure and promote high -quality development. Bidding and bidding are important links before the start of major projects. We must not only adhere to the publicity and fairness, improve the efficiency of investment funds, but also improve the efficiency of bidding and procurement, and accelerate the progress of the project construction. At the same time, under the current situation of new crown pneumonia's epidemic, improving the efficiency of related projects, goods and service procurement is very important for efficiently doing the prevention and control of the epidemic.

In order to efficiently coordinate the prevention and control of the epidemic and economic and social development, meet the demand for the prevention and control of the epidemic, effectively and effectively promote the construction of major projects, and actively expand effective investment. The Opinions are further clarified. As well as a small amount of construction content approved by major engineering construction projects, it may not be bidding in accordance with Article 66 of the Bidding and Bidding Law and Article 9 of the Implementation Regulations of the Bidding and Bidding Law. At the same time, the project unit is responsible for the use of funds, quality and safety, etc., and avoids the waste of state -owned funds or engineering quality problems caused by illegal acts such as dark box operations. 5. What are the considerations and arrangements for promoting the implementation of the Opinions?

The problems in the field of bidding and bidding are long -term, repetitive, and refractory. It requires joint efforts in all localities and relevant departments to systematically govern. The "Opinions" requires that the bidding and bidding guidance and coordination department and the administrative supervision department shall further strengthen the political standing, earnestly perform their duties, promote the implementation of the bidding bidding regulations, and vigorously create a market environment of openness, fairness, fairness, and honesty. Essence The National Development and Reform Commission will strengthen the guidance and coordination and typical experience of the bidding and bidding work of various places with the relevant departments of the State Council, and carry out special inspections in a timely manner. The report and proposal to relevant parties to the relevant parties to promote the implementation of the "Opinions".

At the same time, the Ministry of Justice and the National Development and Reform Commission will work with relevant departments of the State Council to accelerate the revision of the Bidding and Bidding Law, vigorously reform and improve the bidding and bidding system, continue to optimize the bidding and bidding business environment, and promote the realization of good law and good governance in the field of bidding and bidding.

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