It's about bidding!13 ministries and commissions such as the National Development and Reform Commission and Audit Department issued important documents

The National Development and Reform Commission and other departments on strict implementation of bidding bidding regulations and systems to further standardize the behavior of bidding and bidding subjects

Development and Reform Regulations [2022] No. 1117

All provinces, autonomous regions, municipalities, and Xinjiang Production and Construction Corps Development and Reform Commission, the competent department of industry and informatization, the Public Security Department (Bureau), the Housing and Urban -Rural Development Department (committee, bureau), the Department of Transportation (Bureau, Committee), Water Conservancy (Water) The Department (Bureau), the Agricultural and Rural Affairs Department (Bureau, Committee), the Department of Commerce (Bureau), the Audit Department (Bureau), the Radio and Television Bureau, the Energy Bureau, the Bidding and Bidding Guidance Coordination Department, the integration department of the public resource trading platform, Provincial, autonomous regions, and municipalities of the Communications Authority, the special officers of the Audit Office, the National Energy Administration's dispatched agencies, the regional railway regulatory bureaus, the civil aviation regional management bureaus, the national public resource trading platform, and the public service platform of China bidding and bidding:

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, there are still many outstanding problems in the current bidding and bidding market. The main responsibilities of the bidders are not implemented. All kinds of unreasonable restrictions and hidden barriers have not been completely eliminated. Intervention and other illegal acts are still prone to high incidence, and the level of bidding agency services is uneven. Some bid evaluation experts are unfair and unprofessional, resulting in the results of the bidding results of some projects that do not meet the actual needs or the implementation results. Play. In order to fully implement the spirit of the 19th National Congress of the Communist Party of China and the 19th Plenary Session, in accordance with the deployment of the Sixth Plenary Session of the 19th Central Commission for Discipline Inspection and the Fifth Integrity Work Conference of the State Council, the bidding and bidding regulations and systems are strictly implemented. The main behavior of the side of the side put forward the following opinions.

1. Strengthen the main responsibility of the bidder

(1) Implement bidding autonomy in accordance with the law. Effectively guarantee the bidders in the selection of bidding agencies, preparation of bidding documents, selecting electronic trading systems and trading venues in the unified public resource trading platform system, forming bid evaluation committees, appointment representatives to participate in bid evaluation, determining the bidder, signing contracts, etc. Authenticity enjoyed according to law. No unit or individual shall specify the bidding agency for the bidder in any way, shall not restrict the bidder to choose the bidding agency in violation of the law, and shall not force the bidder to entrust the bidding agency to handle the bidding matters. No unit may set pre -approval or review session such as bidding documents without laws and administrative regulations. For projects that implement electronic bidding, cancel the filing of bidding documents or implement online.

(2) Strictly implement the compulsory bidding system. The scope of bidding, bidding methods, and bidding organizations determined by the project approval and approval departments shall not be changed at will without approval. If the project that must not be bidding in accordance with the law must invite bidding for bidding in accordance with the law, it is necessary to meet the situation stipulated in the laws and regulations and fulfill the prescribed procedures; except for the state secrets or business secrets, the specific reasons shall be publicized before the purchase of the procurement. And laws and regulations. It is not allowed to use the temporary valuations that are decomposed, transformed into zero, small recruitment, and unreasonable settings, or avoid bidding through fiction -related projects, emergency projects and other forms; The false bidding of "construction first and then recruitment" shall not be converted to the bidding items to adopt the bidding, inquiries, bidding, or direct procurement such as negotiation, inquiry ratio, or direct procurement through collective decision -making, meeting minutes, review opinions, and memo. For emergency situations involving emergency rescue and disaster relief, epidemic prevention and control, as well as a small amount of construction content approved by major engineering construction projects, in accordance with Article 66 of the Bidding and Bidding Law and Article 9 of the Implementation Regulations of the Bidding and Bidding Law No bidding is performed, and the project unit is responsible for the use of funds, quality and safety. Do not change the statutory bidding procedures at will; shall not use illegal methods such as drawing, lottery, and grabbing to directly choose bidders, bid candidates or winners. Except for special circumstances such as the trading platform for the time being, the bidding items must be implemented in accordance with the law.

(3) Standardize the preparation and release of bidding documents. The bidder shall compile bidding documents at high quality, and encourage market research, expert consultation and demonstration, to clarify the needs of bidding and optimize the bidding plan; for the bidding documents prepared by the entrusted bidding agency, it shall carefully organize review , Meet demand; encourage the public or professional projects that involve public interests and high social attention, and projects with complex and professionalism, encourage the public or industry opinions on the bidding documents. The bidding documents of the bidding project must be used in accordance with the law. The standard text stipulated by the state shall be compiled according to the specific characteristics and actual needs of the project. The qualifications such as qualifications and performance in the bidding documents and the requirements of bidding for bidding shall be carefully set to meet the specific characteristics of the project and meet the actual needs, and must not be rejected by unreasonable conditions or restricted potential bidders. The bidding items must not be proposed in accordance with the law, the nature of the registered address, the nature of the ownership, the market share, the performance of a specific administrative area or the specific industry, the obtaining non -mandatory qualification certification, the establishment of a local branch, and the local tax social insurance. Set the qualifications, technology, and business conditions of bidders. Simplify the requirements of bidding documents, generally do not list binding, paper, and obvious text errors as veto bids. Encourage reference to the "Implementation Rules for the Fair Competition Examination System", and establish a fair competition review mechanism for bidding documents in accordance with the law. Encourage the establishment of bidding documents for bidding documents in accordance with the law. It is strictly forbidden to set up the pre -links without laws and regulations such as bidding registration. (4) Standardize the representative conditions and behaviors of the bidder. The tenderer should be assigned or entrusted to the principle of bid evaluation as a representative of the bidder as a representative of the bidder, and the principle of avoidance of the conflict of interest. It is strictly forbidden for the bidder to contact the bidder, the potential bidder, the bid evaluation expert or the related interested parties in private; it is strictly forbidden to publish a tendency, misleading statement or suggestion in the process of bid evaluation, interference or affect other reviews Members of the bidding committee legally evaluate the bids and independently. If the bidder represents that other members of the bid evaluation committee do not evaluate the bid evaluation standards and methods in accordance with the bidding documents, they shall promptly remind, discourage and report to the relevant bidding bidding administrative supervision department (hereinafter referred to as the administrative supervision department).

(5) Strengthen the review of the bid evaluation report. The tenderer shall carefully review the written bid evaluation report submitted by the bidding committee before the bidding candidate's public announcement, and find that the abnormal situation will be reviewed in accordance with the legal procedures to confirm that there are problems, and it will be corrected in accordance with the legal procedures. Focus on whether the bid evaluation committee is evaluated in accordance with the bid evaluation standards and methods specified in the bidding documents; whether there is an inconsistent score for objective evaluation factors, or high scores, or low abnormalities; The price bidding and severe unbalanced quotation are analyzed and judged; whether the bidder is notified to clarify and explain whether the bidder is notified in accordance with the law; Increase the publicity of the bid evaluation, and actively promote the publicity of the scoring situation to the society and the reasons for the rejection of the bidding documents to the bidders.

(6) Fresh channels for objection. The bidder is the responsible subject of objection. It should unblock the channels for objection, and announce the contact information of the acceptance objection in the bidding announcement and publicity information. Maintain their own rights in accordance with legal procedures. If the electronic bidding and bidding shall be implemented, the system shall support the online objection, tracking processing process, and receiving objections. Do not deliberately procrastinate, perfunctory, avoid substantial response for no reason, or continue to conduct bidding and bid activities before making a reply.

(7) Implement the responsibility of contract performance management. The bidder should attach great importance to contract performance management, improve the management mechanism, and implement management responsibilities. The tenderer of the bidding project in accordance with the law shall take the initiative to disclose the contract for information in a timely manner in accordance with the requirements of the "Public Government Affairs Public Affairs Standards for Public Resources Trading", and actively promote the performance of contract performance and change information disclosure. Strengthen the administrative supervision of the establishment, performance and change of the contract for bidding projects in accordance with the law, strengthen credit management, prevent illegal acts such as "yin and yang contracts", "low, high, and high knot", and timely investigate and punish illegal and violations in accordance with the law.

(8) Strengthen the management of bidding files. The tenderer shall strengthen the management of the bidding file in accordance with relevant regulations, timely collect, sort out, archive the various documents and information data generated by the bidding transactions and contract performance, and take effective measures to ensure the integrity and security of the file. False or destroy the bidding file without authorization. Accelerate the electronic and digitalization of bidding archives. The tenderer did not archive in accordance with regulations, tampered with, damaged, forged, and destroyed the bidding archives without authorization, or if the bidding archives were not provided in the supervision and inspection in accordance with the law, the administrative supervision department ordered correction.

(9) Strengthen internal control management. The bidders should establish and improve the decision -making mechanisms such as collective research and legal compliance review of bidding and bidding matters, and actively play an internal supervision role; the departments and positions of the bidding bidding matters shall be implemented. , Strengthen internal control. The bidding items must be implemented in accordance with the principle of the principle of power and responsibility before the bidding of the organization. Encourage bidders to establish the performance evaluation mechanism of bidding projects and professional teams of bidding procurement, increase the accountability effectiveness of the bidding project managers, and the legality compliance, transaction results and performance performance and reward of performance, performance and performance of bidding bidding activities Punishment is linked. 2. Resolutely combat the performance of illegal bidding and dishonesty

(10) Strictly standardize bidding and performance. The bidder shall strictly abide by the relevant laws and regulations and industry standards, participate in the bid in accordance with the law, and consciously maintain the fair competition order. Do not pass the transfer, lease, or qualified bidding; not forgery, altering qualifications, qualification certificates or other licenses, providing false performance, awards, project leaders, etc., or other methods of fake bidding; shall not be bidders, bidders, tenders The agency or other bidders collude the bidding; they must not contact the members of the bidding committee privately, or or the bidder, the bidding agency, the trading platform operation service agency, the members of the bid evaluation committee, the personnel of the administrative supervision department, etc. Observations, complaints or reports, interfere with normal bidding bid activities. The bidder must not establish a contract with the bidder without justified reasons. When signing the contract, the bidder is submitted to the bidder. He does not submit a performance deposit or performance guarantee in accordance with the requirements of the bidding documents, or subcontracts the bidding project and subcontracts illegally.

(11) Increase the crackdown on illegal bidding. Pay close attention to the "professional households" who are unusual and not bid for the purpose of winning the bid. Focus on the existence of association relationships between bidders, cross -term appointment, mixed personnel or relative relationships, and regular "holding group bidding" bidding signs such as cross -term appointment, mixed use of personnel or relative relationships. Strictly cracking down on the "bid king" and the illegal criminal gang behind it and the illegal gang behind them. If there are illegal acts, the administrative supervision department strictly shall impose administrative penalties in accordance with the law and includes the credit records in accordance with the regulations. For the responsible leaders and direct responsible persons, they need to be given party discipline, government affairs, or organizational treatment. The unit shall be handled in accordance with the law according to regulations; if the crime is suspected, it will be transferred to the relevant agencies in a timely manner. Do not replace administrative penalties with administrative interviews and internal treatment, and shall not replace criminal punishment with administrative penalties.

3. Strengthen the management of bid evaluation experts

(12) Discipline of serious bid evaluation. The bid evaluation experts should perform the duties of experts seriously, just, honest, honest, honest, and diligently, participate in the bid evaluation on time, and strictly abide by the discipline of bid evaluation. If the bid evaluation expert is a favorable relationship with the bidder, it shall take the initiative to avoid it; it shall not impact the independent review of the members of the bid evaluation committees; shall not contact the bidder in private, and shall not accept the bidder, intermediary, and other interested parties. Or other benefits, shall not accept the requirements of any unit or individual that explicitly explicit or imply the request of the proposed tendency or exclusion of specific bidders; shall not disclose the identity of the members of the bid evaluation committee and the bid evaluation items; The recommendation situation, the national secrets and business secrets that know the bid evaluation process, and other situations related to the evaluation of the bid; they must not deliberately delay the time of the bid evaluation, or the perfunctory responsibilities will be randomly evaluated; Accepting for compensation or other benefits; it is strictly forbidden to establish or join WeChat groups and QQ groups such as WeChat groups and QQ groups that may affect justice. If the bidder, the bidding agency, and the bidder find that the bid evaluation experts have illegal acts, they shall report to the administrative supervision department in a timely manner. The administrative supervision department shall investigate and deal with the illegal acts of bid evaluation experts in accordance with the law, and inform the bid evaluation expert database management unit, unit where the bid evaluation experts are located, and the in -dwand review unit. The decision to cancel the qualifications of bid evaluation should be disclosed to strengthen social supervision; if the crime is suspected, it shall be transferred to the relevant authorities in a timely manner.

(13) Improve the quality of bid evaluation. Members of the bid evaluation committee shall follow the principles of fairness, justice, science, and selection, and carefully study the bidding documents, and systematically review and compare the bidding documents in accordance with the bid evaluation standards and methods specified in the bidding documents. If the problem is found during the bid evaluation process, it shall promptly submit the proposal to the bidder; the content of the bidding documents violates relevant compulsory regulations or the number of bidding documents is ambiguous or major defects cause the bid for evaluation, shall stop the bid evaluation and explain to the bidder explained to the bidder. The situation; found that the meaning of the bidding documents is unclear, the expression of similar issues is inconsistent, there are obvious text and computing errors, and the bid quotation may be lower than the cost affecting the contract. If there are less than three effective bidding, it shall be fully demonstrated whether the bidding is obviously lacking competition and whether it needs to veto all the bids, and record the demonstration process and results in the bid evaluation report; Or intervention shall report to the administrative supervision department in a timely manner. Bidders must attach importance to the professional and experience advantages of bid evaluation experts, but also scientifically set the bid evaluation standards and methods to guide experts to standardize the exercise of free tailoring in the professional and technical scope; according to the actual needs of the bidding project, the experts to extract professionalism reasonably to draw professional experts to extract professionalism And ensure sufficient bid evaluation time. Actively explore and improve mechanisms such as intelligent auxiliary bid evaluation, and reduce the unnecessary workload of experts. Encourage conditions and units to explore a new mechanism for bidders to flexibly determine the standard of labor fee payment standards in accordance with the work value. (14) Strengthen the dynamic management of bid evaluation experts. Relying on the comprehensive bid evaluation expert database formed by the provincial people's government and the bid evaluation expert library formed by the relevant departments of the State Council, establish and improve the management system for the enrollment review, pre -job training, continuing education, assessment and evaluation, and integrity education for bid evaluation experts Essence Strengthen the information confidentiality management of expert databases and bid evaluation experts. Except for cooperation with relevant departments in accordance with the law, no unit or individual shall leak relevant information. Strictly standardize the bid evaluation experts to extract the work, so as to leave marks and traceability throughout the process. The bid evaluation expert database management unit shall establish a dynamic assessment mechanism for the bid evaluation experts, and take the objective and fair performance of experts in accordance with the law as the main assessment content, and to clearly retreat from unqualified experts in a timely manner according to the assessment.

(15) Strictly standardize and optimize the method of bid evaluation. Actively promote the long -range bid evaluation of the network, break the "small circle" of local bid evaluation experts, and promote high -quality expert resources to cross provinces and municipalities and interconnected interconnection. The bid evaluation venue should be closed and equipped with special devices. It is strictly forbidden to be prohibited from all non -normal contact and contact with the outside world during the bid evaluation committee. Relevant departments shall regulate the management of bid evaluation overnight and implement administrative supervision responsibilities; the site evaluation venues shall provide convenient conditions for overnight bid evaluation, and provide supporting service guarantees.

Fourth, standardize bidding agency service behavior

(16) Effectively regulate the bidding agency behavior. The bidding agency and their employees shall operate in accordance with laws and regulations, integrity and self -discipline, and it is strictly forbidden to take off business such as bribery, providing rebates or transportation of injustice or uniform interests; Resisting or discouraging timely discouragement, shall not be separated from professional ethics; shall not leak the situation and information related to the bidding bidding activities; Submit a full set of bidding archives to the bidder, and shall not tamper, damage, forge or destroy it without authorization; shall not be able to connect with the bidder, bidder, bid evaluation experts, and trading platform operation service agencies. Legal rights and interests.

(17) Strengthen the management of bidding agencies and employees. The administrative supervision department shall strengthen the dynamic supervision of bidding agencies and practitioners who practice in the region, and use the bidding agent as the key content of the "dual -random and one open" supervision, and include the scope of joint inspections of the inter -departments. The behavior of disturbing market order such as bids strictly implements administrative penalties in accordance with the law and included in the credit records in accordance with regulations. Strengthen the construction of self -discipline in the bidding agency industry, encourage industry associations to improve the standards for bidding agency services, carry out credit evaluation of bidding agency and professional technical ability evaluation of employees, and provide reference for bidders to choose bidding agencies, and promote the improvement of bidding agency service capabilities.

5. Further implementation of supervision and management responsibilities

(18) Improve the supervision mechanism. The administrative supervision departments of various localities should divide up the work in accordance with their responsibilities, unblock complaint channels, and deal with illegal complaints of bidding and bidding in accordance with the law. The internal reporter system is rewarded and protected by the meritorious personnel who reported serious violations and provided important clues; the regular statistical analysis system for complaint report cases was established, focusing on outstanding issues, and special rectification. Actively adapt to the new situation of electronicization of the full process of bidding and bidding, accelerate the promotion of "Internet + supervision", fully rely on the administrative supervision platform to obtain transaction information online and perform supervision responsibilities; continuously explore and improve the means of smart supervision, timely warn, discover and verify illegal acts; strengthen The anti -counterfeiting traceability supervision and management of electronic bidding and bidding information prevent risks such as falsification, tampering, and destruction of electronic documents for bidding and bidding. Improve the coordinated supervision and information sharing mechanism of various administrative supervision departments, and when the responsibilities of other departments are involved in the supervision and law enforcement process, the relevant departments are transferred to the relevant departments to handle or jointly handle, and focus on solving the problems of multi -heading, cross -responsibilities, and inconsistent standards for administrative penalties between different industries. , Improve the level and efficiency of law enforcement. Guide the public resource trading platform to adhere to the positioning of public services, improve the internal control mechanism, effectively keep the cleanliness and security bottom line, consciously accept administrative supervision, and actively cooperate with the support of the administrative supervision department to perform their duties. Strengthen the supervision and restraint of the administrative supervision department and their staff, and it is strictly forbidden to take the name of illegal approval, intervention, local protection, and industry monopoly in the name of regulatory and supervision. (19) Strengthen supervision. The administrative supervision departments of various localities should further deepen the reform of the "decentralization service", and effectively transfer the regulatory focus to the pre -approval approval to the overall supervision and transfer of the event. Comprehensively implement the "dual random one open" supervision to improve the initiative and coverage of supervision. Resolutely overcome the protection and industry protection in regulatory law enforcement, crack down on bidding and bidding illegal acts with zero tolerance, and strictly punish and report exposure to cases that affect bad cases. If the bidder has an illegal act, the legal responsibility of the responsible responsibility and the person in charge of the responsible responsibility shall be seriously investigated in accordance with the law. Establish an effective coordination and linkage mechanism with the public security organs, and increase the crackdown on illegal and criminal behaviors such as sideways. Strengthen the cooperation with the disciplinary inspection and supervision organs and audit organs, and do a good job of transferring the clues of violations of laws and disciplines in the field of bidding and bidding in accordance with regulations, and carefully verify and deal with the clues to receive. Strengthen the construction of local regulatory law enforcement forces, encourage the reform and innovation of the regulatory system, promote the investment in the supervision and the technical guarantee and resource guarantee of regulatory supervision.

(20) Improve the credit system. Accelerate the construction of a credit system in the field of bidding and bidding, and build a new type of regulatory mechanism based on credit -based and connecting bids before the bid. Strict implementation of administrative punishment decisions with certain social impacts publicly in accordance with the law, and timely push to the national credit information sharing platform and public resource trading platforms, and simultaneously publicize through the "Credit China" website according to law. Adhere to the combination of administrative supervision, social supervision, and industry self -discipline, scientifically establish the credit evaluation indicators and standards for the main body of the bidding and bidding market, and promote the reasonable and standardized application of credit information in the bidding and bidding activities. Implement the disciplinary punishment of faults in accordance with laws and regulations in accordance with laws and regulations.

The led departments and administrative supervision departments of each local bidding and bidding guidance and coordination should further strengthen political standing, earnestly perform their duties, promote the implementation of the bidding and bidding regulations, and vigorously create a market environment of openness, fairness, justice, and honesty. The National Development and Reform Commission and the relevant departments of the State Council strengthened the guidance and coordination of the bidding and bidding work of various places, and the typical experience replication and promotion of the bidding and bidding work. Putting accountability suggestions to relevant parties.

This opinion will be implemented from September 1, 2022, and will be valid until August 31, 2027.

The Ministry of Industry and Information Technology of the National Development and Reform Commission

Ministry of Public Security Housing and Urban -Rural Development

Ministry of Transport Ministry of Water Resources

Department of Commerce of the Ministry of Agriculture and Rural Affairs

Audit Office of the General Administration of Radio, Film and Television

National Energy Administration National Railway Bureau

Civil aviation bureau

July 18, 2022

Source: Website of the National Development Reform Commission

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