htmlOn September 30, the official website of the National Development and Reform Commission issued two notices:
, National Development and Reform Commission on publicly soliciting opinions on the "Several Opinions on Strictly Implementing Bidding Regulations and Systems to Further Standardize the Behavior of Bidding Subjects (Draft for Comments)";
, Notice of the National Development and Reform Commission on Soliciting opinions on the "Several Opinions on Further Standardizing the Service Behavior of Public Resource Trading Platforms (Draft for Comments)" from the public.
File requirements:
Implement bidding autonomy
1, Guarantee bidder determines the winner and other links autonomy .
2, tenderer has the right to choose tender agency on his own. No unit or individual may designate a tender agency for the tenderer in any way.
strictly implements the mandatory bidding system
1, is strictly prohibited from changing the bidding procedures at will, and it is prohibited to directly determine potential bidders, winning candidates or winning bidders by drawing lots, lottery draws , etc.
2 and shall not use any form of dismemberment, dismantling, breaking up the whole, recruiting small and giving away big, or circumventing bidding by fictitious confidential projects, emergency projects, and using patented technology.
3 and shall not engage in false bidding such as "open bidding and secret decision" and "build first and then recruitment" based on the reasons of strategic cooperation with and investment promotion.
4 and must not reject, treat or restrict potential bidders by setting unreasonable conditions .
focuses on cracking down on "bidding kings", "header"
1. Relying on the electronic bidding system and using big data and other technical means, focuses on winning rate is abnormally low , not bidding for the purpose of winning, and suspected of bidding and linking with bids.
2 and focus on cracking down on the "bidding king" , which is suspected of 's illegal behavior such as manipulating bidding or lending qualifications, resulting in an extremely high winning rate of .
3 and focus on cracking down on initiation or organizing tandem connection and manipulating bid evaluation experts to carry out bidding string string "header" .
increase the crackdown on illegal behaviors
1, implement "zero tolerance" for illegal and irregular behaviors in bidding .
2. For bidders who are found to have violated regulations and illegal acts, they must be handled in accordance with relevant laws and policies. must not only cancel the bidding qualifications within a certain area .
3 and shall not replace administrative penalties with administrative interviews, and shall not replace criminal penalties with administrative penalties with administrative penalties with .
4. For bid evaluation experts, shall not replace administrative penalties with administrative interviews, and shall not only impose penalties prohibiting bid evaluation within a certain area.
5. Increase the application of credit evaluation results in bidding and bidding review, and further improve the incentives for bidding and bidding to comply with trust and punishment mechanism for breach of trust .
public announcement of winning candidates
" Draft for soliciting opinions " clearly states that " further increases the disclosure of bid evaluation situation. In principle, the expert's scoring situation, the bid comparison advantages of winning candidates and other bidders who have not won the bid should be made public to the public."
This provision is not only a further explanation and refinement of in the "Public Bidding Evaluation Situation" in , "Management Measures for the Release of Bidding Announcements and Public Notices" (National Development and Reform Commission Order No. 10, 2017) , but also an inevitable requirement for strengthening supervision. In a sense, is also a major measure for bidding supervision and management.
For a long time, the bid evaluation committee has not evaluated bids according to the bid evaluation methods and standards stated in the bidding documents; some experts have arbitrary scoring, willful scoring, or obvious tendency scoring such as "human favor scores" and "relationship scores" ; even inconsistent scoring of objectivity indicators or significant differences in subjective index scores such as severely abnormally high and abnormally low . Disclosing the scoring situation of experts will help further strengthen the supervision and management of bid evaluation experts and reduce the occurrence of bid evaluation experts' failure to perform their duties in accordance with the law.
It should be noted that after the file is released, there are still loopholes that can be drilled during the actual execution, because the scoring situation can be the total score, or the score of each sub-item.
The Law and Regulations Department of the National Development and Reform Commission issued a consultation reply on its official website on May 27, 2021 and clearly stated that "there is no unified regulation at the national level regarding whether it is necessary to publicize the scores of each sub-item of the evaluation committee's score, and the current practices are different in different places. If the tenderer voluntarily discloses it from the perspective of improving the transparency of bidding activities and accepting social supervision, the relevant content can be published in the public announcement of winning candidates, but the list of members of the evaluation committee should be kept confidential."
Although the "Draft for Comments" has changed the public announcement of the scoring situation from the original to the right, it is of little significance if only the total score is announced without each subdivision. Since reform has been decided, it should be reformed to the end. Except for the list of members of the bid evaluation committee that should be kept confidential, each sub-item score of the winning bid candidate should be made public, and the details of the bonus points involved should be announced simultaneously.
Sunshine is the best policeman. The new regulations on the announcement of the winning bid candidates of the National Development and Reform Commission will surely further promote new developments in public resource transaction reform and create a new situation of openness, fairness and justice.
with original text:
The National Development and Reform Commission publicly solicits several opinions on "Strictly implementing bidding and bidding regulations and systems to further standardize the behavior of bidding subjects (Social request) Announcement of the opinions of the Draft of Opinions
In order to thoroughly implement the decision-making and deployment of the Fifth Plenary Session of the 19th Central Committee of the Communist Party of China on adhering to equal access, fair supervision, openness and order, honesty and law-abiding, forming an efficient, standardized and fair competition domestic unified market, and effectively maintain fair competition order, we consult with relevant departments and localities of the State Council to study and draft the "Several Opinions on Strictly Implementing Bidding Regulations and Systems to Further Standardize the Behavior of Bidding Subjects (Draft for Comments)". We are hereby announced to solicit opinions from the public.
The public consultation time is from September 30 to October 30, 2021. People from all walks of life are welcome to put forward opinions through the Internet, fax, etc. Please log in to the "Sound of Opinions" column on the homepage of the National Development and Reform Commission's portal website (http://www.ndrc.gov.cn) to enter the "Several Opinions on Strictly Implementing Bidding Regulations and Systems to Further Standardize the Behavior of Bidding Subjects" column to put forward opinions and suggestions. For email, please send to [email protected], and for fax, please send to (010) 68502514.
Thank you for your participation and support!
Attachment: "Several Opinions on Strictly Implementing Bidding Regulations and Systems to Further Standardize the Behavior of Bidding Subjects (Draft for Comments)"
National Development and Reform Commission
September 30, 2021
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Announcement of the National Development and Reform Commission on Soliciting opinions on the "Several Opinions on Further Standardizing the Service Behavior of Public Resource Trading Platforms (Draft for Comments)"
To further standardize the service behavior of public resource trading platforms and strengthen the public services of public resource trading platforms Functional positioning to better protect the legitimate rights and interests of all parties involved in the transaction. In accordance with the " Regulations on Optimizing the Business Environment " and the "Notice of the General Office of the State Council forwarding the Guiding Opinions of the National Development and Reform Commission on Deepening the Integration and Sharing of Public Resources Trading Platforms" (Guoban Han [2019] No. 41), we consulted with relevant departments and localities of the State Council to study and draft the "Several Opinions on Further Standardizing the Service Behavior of Public Resources Trading Platforms (Draft for Comments)". We are hereby announced to solicit opinions from the public.
The public consultation time will be from September 30 to October 30, 2021. People from all walks of life are welcome to put forward opinions through the Internet, fax, etc. Please log in to the "Sound of Opinions" column on the homepage of the National Development and Reform Commission's portal website (http://www.ndrc.gov.cn), enter the "Public Solicitation of Opinions on Further Standardizing the Service Behavior of Public Resource Trading Platforms" column to put forward opinions and suggestions. For email, please send to [email protected], and for fax, please send to (010) 68502514.
Thank you for your participation and support!
Attachment: "Several Opinions on Further Standardizing Service Behavior of Public Resource Trading Platforms (Draft for Comments)"
National Development and Reform Commission
September 30, 2021
