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This special rectification, the focus of cleaning and investigation includes:
During the bid opening process, the legal representative of the bidder must be present at .
uses lottery draw, lottery and other methods to directly determine the winning candidate.
requires bidders to register locally to establish subsidiaries, branches , and branches, have a certain office area locally, and pays social insurance locally.
Recently, the National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development, the Ministry of Industry and Information Technology, the Ministry of Transport, and the Ministry of Water Resources jointly issued a notice, deciding to carry out special rectification of the business environment in the field of engineering project bidding nationwide.
1. Eliminate various unreasonable restrictions and barriers set up by enterprises of different ownership types, especially private enterprises, . Foreign-funded enterprises.
2. Focus on rectifying the following problems:
1) Illegal restrictions, regulations on exclusion of enterprises of different ownership types in bidding, and regulations on the effect of disguised restrictions and exclusion, although there is no direct restriction or exclusion, they actually play a disguised restriction and exclusion.
2) Illegal limits the ownership or organizational form of potential bidders or bidders, and different qualification review standards are adopted for bidders of different ownership types.
3) Set the company's shareholder background, annual average number or amount of projects undertaken, employees, tax payments, business premises and other scale conditions; set financial indicators such as the company's registered capital, total assets, net asset scale, operating income, profit, credit limit, etc. that exceed the actual needs of the project.
4) Set high qualifications, technical, business conditions, performance, and award requirements that significantly exceed the specific characteristics and actual needs of the bidding project.
5) Use the qualifications that have been explicitly cancelled by the state as bidding conditions, bonus points conditions, and winning conditions; in areas where the state has explicitly cancelled qualifications, other qualifications are used as bidding conditions, bonus points conditions, and winning conditions.
6) Take the performance and awards of specific administrative regions and specific industries as bidding conditions, bonus points conditions, and winning conditions; take honorary awards and charity charity proofs made by government departments, industry associations and chambers of commerce or other institutions to bid as bidding conditions and winning conditions.
7) limits or designates specific patents, trademarks, brands, origins, suppliers or inspection and testing certification agencies (except where laws and regulations have clear requirements).
8) requires bidders to register and establish subsidiaries, branches, and branches locally, have a certain office area locally, and pay social insurance locally, etc.
9) There are no laws and regulations to set bid registration, bidding document review, and other pre-approval or review processes based on .
10) For those who only need to provide relevant qualification certificate documents, certificates, and copies of certificates, the original must be provided; for those who can use "multiple certificates in one" electronic certificates according to regulations, paper certificates must be provided.
11) requires the bidder’s legal representative to be present at the bid opening process and does not accept the bidder’s representative appointed by authorization.
12) The bid evaluation experts gave bidders of different ownership types abnormally high or low scores, and could not explain the legitimate reasons.
13) explicitly or implies that bid evaluation experts adopt different bid evaluation standards for bidders of different ownership types and implement unobjective and fair evaluations.
14) uses lottery, lottery and other methods to directly determine the winning candidates.
15) Limited bid deposit and performance deposit can only be submitted in cash, or the deposit is not returned in accordance with regulations or the contract agreement.
16) simply evaluate the credit rating of an enterprise based on the registration personnel, performance quantity and other scale conditions, or performance awards from specific administrative regions, or set credit evaluation indicators that constitute discrimination against enterprises of different ownership types.
17) does not implement the "Regulations on Projects that Must Bid" and "Regulations on the Scope of Infrastructure and Utilities Projects that Must Bid", and illegally interferes with social investment and other engineering construction units with the autonomy of contracting.
18) Other unreasonable restrictions and barriers set for enterprises of different ownership types.
3, rectification scope
Current departmental regulations, local regulations, local government regulations, normative documents and other policy documents involving bidding for engineering projects, as well as practical practices that are not reflected in the institutional documents;
Projects that must be tendered in accordance with the law from June 1, 2018 to November 20, 2019, and in accordance with the "Provisions on Projects that Must Tender" (National Development and Reform Commission Order No. 16) and "Provisions on Infrastructure and Utilities Projects that Must Tender" (Development and Reform Laws and Regulations [2018] No. 843).
4. Clean up the legal documents:
All localities conduct a comprehensive self-examination of local regulations, local government regulations, normative documents and other policy documents formulated by the region and relevant departments.
The institutional provisions on violating the principle of competition neutrality, restricting or excluding bidding of enterprises of different ownerships, and hindering the establishment of a unified, open, competitive and orderly modern market system shall be revised and abolished according to authority, or requested to the People's Congress and the government at the same level to revise or abolish.
implements directory management and publishes to the public for bidding regulations and normative documents retained after cleaning.
5 and hold seriously accountable for that fails to perform supervision responsibilities in accordance with the law.
6, public service platforms for bidding and tendering at all levels, and public resource trading platforms should publish special rectification clue collection emails and other channels in prominent locations, and establish a mechanism for transferring and supervising subordinate units.
7. This special rectification will be carried out on from August 20 and will end before December 15.
Original text of the notice:
Notice on issuing the "Special Remediation Work Plan for the Business Environment in the Bidding and Tendering Field of Engineering Projects"
Development and Reform Measures [2019] No. 862
Development and Reform Commission, Industrial and Information Technology Administration, Department of Housing and Urban-Rural Development (Construction Committee, Bureau), Department of Transportation (Bureau, Committee), Department of Water Resources (Bureau), Department of Commerce (Bureau), Public Resources Trading Platform Integration Leading Department, Communications Administration Bureaus of all provinces, autonomous regions, and municipalities, Railway Supervision Bureaus of various regions, Civil Aviation Regions Administration Bureaus:
In order to conscientiously implement the "Concern of the General Office of the State Council on Focusing on Enterprises' Concerns:
Notice on Further Promoting the Implementation of Policy for Optimizing the Business Environment (Guobanfa [2018] No. 104) requires and the spirit of the national video conference on deepening the "deregulation, regulation and service" reform to optimize the business environment, eliminate all kinds of unreasonable restrictions and barriers set up for enterprises of different ownership during the bidding process, maintain a fair and competitive market order, and decide to carry out special rectification of the business environment in the field of engineering project bidding nationwide. The "Special Remediation Work Plan for the Business Environment in the Bidding and Tendering Field of Engineering Projects" is now issued to you. Please carry out special rectification work in a solid manner as required. During the work process, please submit important progress, experience, practices, opinions and suggestions to the National Development and Reform Commission and relevant departments of the State Council in a timely manner.
General Office of the National Development and Reform Commission
General Office of the Ministry of Industry and Information Technology
General Office of the Ministry of Housing and Urban-Rural Development
General Office of the Ministry of Transport
General Office of the Ministry of Water Resources
General Office of the Ministry of Commerce
General Office of the Railway Bureau
General Office of the Civil Aviation Administration
August 20, 2019
Attachment: "Special Remediation Work Plan for the Special Remediation of the Business Environment in the Field of Bidding and Tendering of the Project"
Project Bidding and Tendering of the Project Special Remediation of the Business Environment
0 According to "Competitions of the General Office of the State Council on Focusing on Enterprises Concerns Notice on Further Promoting the Implementation of Policy for Optimizing the Business Environment (Guobanfa [2018] No. 104) and the spirit of the national video conference on deepening the "deregulation, supervision and service" reform and optimizing the business environment. In order to eliminate all kinds of unreasonable restrictions and barriers set up for enterprises of different ownership during the bidding process, and maintain a fair and competitive market order, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Commerce, the Railway Bureau, and the Civil Aviation Administration decided to carry out special rectification of the business environment in the field of engineering project bidding nationwide.In order to vigorously and orderly promote special rectification work, this plan is formulated.
1. Work objectives
Adhere to the guidance of the Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 19th Central Committee, deeply study and understand the spirit of the General Secretary’s important speech at the symposium of private enterprises, unify his thoughts and actions with the decisions and deployments of the Party Central Committee and the State Council on supporting the development of private enterprises, treating foreign-invested enterprises equally, and optimizing the business environment. Through in-depth development, Special rectification of the business environment in the bidding and tendering field of engineering projects will be carried out, and various unreasonable restrictions and barriers set up by enterprises of different ownership types, especially private enterprises and foreign-funded enterprises during the bidding process will be promoted to bidders to fulfill their main responsibilities for bidding and procurement in accordance with the law, standardize the behavior of bidding agencies and bid evaluation experts in accordance with the law, urge bidding administrative supervision departments at all levels to perform their regulatory responsibilities in accordance with the law, effectively and effectively solve the prominent problems strongly reflected by market entities in bidding and tendering activities, and ensure that enterprises of different ownerships have fairly participated in market competition.
2. Scope and content
(I) Scope of rectification
The scope of this special rectification includes: departmental regulations, local regulations, local government regulations, normative documents and other policy documents involved in engineering project bidding in various regions and departments, as well as practical practices that are not reflected in the institutional documents; projects that must be tendered in accordance with the "Provisions on Projects that Must Tender" (National Development and Reform Commission Order No. 16) and "Provisions on Scope of Infrastructure and Utilities Projects that Must Tender" (Development and Reform Laws [2018] No. 843).
(II) Remediation content
According to the relevant provisions of the "Bidding Law", "Bidding Law Implementation Regulations" and other relevant provisions, cleans up, investigates and corrects various unreasonable restrictions and barriers set up by enterprises of different ownership in bidding regulations and policies, bidding announcements, bidding invitations, pre-qualification announcements, pre-qualification documents, bidding documents and bidding practice operations. The focus is on the following issues:
1. The restrictions set illegally, the regulations that exclude enterprises of different ownership types from participating in bidding, and the regulations that although there is no direct restriction or exclusion, they actually play a disguised restriction and exclusion effect.
2. Illegal limits the ownership form or organizational form of potential bidders or bidders, and different qualification review standards are adopted for bidders of different ownership types.
3. Set the scale conditions such as the background of the company's shareholders, the annual average number or amount of projects undertaken, the employees, tax payments, and the area of the business premises; set financial indicators such as the registered capital, total assets, net asset scale, operating income, profit, and credit limit that exceed the actual needs of the project.
4. Set high qualifications, technical, business conditions, performance, and award requirements that significantly exceed the specific characteristics and actual needs of the bidding project.
5. Use the qualifications that have been explicitly cancelled by the state as bidding conditions, bonus points conditions, and winning conditions; in areas where the state has explicitly cancelled qualifications, other qualifications are used as bidding conditions, bonus points conditions, and winning conditions.
6. The performance and awards of specific administrative regions and specific industries are used as bidding conditions, bonus points conditions, and winning conditions; honorary awards and charitable public welfare certificates made by government departments, industry associations and chambers of commerce or other institutions to bidders are used as bidding conditions and winning conditions.
7. Restrict or specify a specific patent, trademark, brand, origin, supplier or inspection and testing certification agency (except if there are clear requirements for laws and regulations).
8. Bidders are required to register and establish subsidiaries, branches, and branches locally, have a certain office area locally, and pay social insurance locally, etc.
9. There are no laws and regulations to set pre-approval or review processes such as bid registration, bidding document review, etc.
10. For those who only need to provide relevant qualification certificate documents, certificates, and copies of certificates, the original must be provided; for those who can use "multiple certificates in one" electronic certificates according to regulations, paper certificates must be provided.
11. During the bid opening process, the legal representative of the bidder must be present, and the bidder representative who is authorized will not be accepted.
12. The bid evaluation experts give bidders of different ownership types abnormally high or low scores, and cannot explain the legitimate reasons.
13. It expressly or implies that bid evaluation experts adopt different bid evaluation standards for bidders of different ownership types and implement unobjective and fair evaluations.
14. The winning candidate is directly determined by drawing lots, lottery, etc.
15. Limited bid deposit and performance deposit can only be submitted in cash, or the deposit is not returned in accordance with regulations or the contract stipulates.
16. Simply evaluate the credit rating of an enterprise based on the scale conditions such as registered personnel, performance quantity, or performance awards in specific administrative regions, or set credit evaluation indicators that constitute discrimination against enterprises of different ownership types.
17. The "Regulations on Projects that Must Bid" and "Regulations on Infrastructure and Utilities Projects that Must Bid" are not implemented, and the construction units such as housing construction that illegally interfere with social investment are in the contracting rights.
18. Other unreasonable restrictions and barriers set for enterprises of different ownership types.
All regions and departments are requested to highlight their work priorities and organize special rectifications around the above issues. For other illegal and irregular bidding behaviors that are not the focus of this special rectification, daily supervision and law enforcement will be carried out in accordance with the law.
3. Remediation methods
This special rectification work focuses on implementation, problem investigation, and results, and mainly adopts rectification methods such as cleaning of laws and regulations, random inspections, and key verifications.
(I) Clean up the legal documents. Relevant departments of the State Council conduct a comprehensive self-inspection of departmental regulations, normative documents and other policy documents formulated by their departments; local governments conduct a comprehensive self-inspection of local regulations, local government regulations, normative documents and other policy documents formulated by their regions and relevant departments. The institutional provisions that violate the principle of competition neutrality, restrict or exclude bidding from enterprises of different ownerships, and hinder the establishment of a unified, open, competitive and orderly modern market system shall be revised and abolished according to their authority, or requested to the People's Congress and the government at the same level to revise or abolish. On this basis, in accordance with the requirements of the "Opinions on Establishing a Long-term Mechanism for Cleaning Up and Standardizing Bidding and Bidding" (Development and Reform Regulations [2015] No. 787), the bidding rules and normative documents retained after cleaning shall be managed and announced to the public.
(II) Random random inspection. In accordance with the division of supervision responsibilities, all regions and departments shall organize random random inspections on and after-study of bidding announcements, bid invitations, pre-qualification announcements, pre-qualification documents, bidding documents, etc. of bidding projects within the scope of rectification. The number of random inspection projects shall be determined by each region and department in light of actual conditions. In principle, the proportion of random inspections shall not be less than 20% of the total number of bidding projects within the scope of rectification. All regions and departments are encouraged to rely on bidding public service platforms, public resource trading platforms, industry bidding and tendering management platforms at all levels, etc., to use modern information technology means such as big data analysis to conduct a comprehensive screening of bidding projects within the scope of rectification, conduct dynamic monitoring and analysis of bidding activities, and promptly discover and correct illegal and irregular behaviors restricting and excluding enterprises of different ownership types of bidding. All regions and departments shall establish a ledger for random inspection records and archive them for reference.
(III) Focus on verification. All regions and departments will further open up channels for bidding and tendering complaints and reporting, establish and improve the working mechanism for receiving, transferring and feedback complaints and reports, and conduct key verification of complaints and reports involving the content of this rectification. At the same time, in response to this special rectification, the relevant departments of the State Council, the leading departments of bidding and tendering at all levels and relevant administrative supervision departments, and the public service platforms and public resource trading platforms at all levels shall publish special rectification clue collection emails and other channels in prominent locations, and establish a mechanism for transferring and transferring clues and supervision of lower-level units. For the clearly verifiable clues collected, the relevant administrative supervision departments should organize forces to conduct key verifications.
encourages all regions and departments to focus on the special rectification goals, combine the actual situation of the region and industry, use scientific methods, innovate rectification methods, and improve the effectiveness of rectification.
4. Working steps
This special rectification will be carried out from the date of issuance of this notice and will end before December 15. The main working steps and time nodes are as follows.
(I) Mobilize and deploy. All regions and departments will thoroughly study the decisions and arrangements of the CPC Central Committee and the State Council on optimizing the business environment, supporting the development of private enterprises, and treating foreign-invested enterprises equally. The leading departments of provincial bidding and tendering work, in conjunction with relevant departments, formulate and issue specific implementation plans in light of actual conditions, and deploy special rectification work at the provincial, municipal and county levels, and copy the implementation plan to the National Development and Reform Commission before September 20. At the same time, a department-level cadre was appointed as a liaison officer and submitted to the Regulations Department of the National Development and Reform Commission before August 31.
(II) process advancement. Before October 31, relevant departments of the State Council completed the cleanup of regulations, normative documents and other policy documents of their departments. The leading departments of provincial bidding and tendering work summarized the cleanup of regulations and documents in their regions and submitted them to the National Development and Reform Commission, and completed the revision and abolition of regulations and documents by the end of 2019. At the same time, the leading departments of provincial bidding work have conducted phased summary of the random inspections and key inspections at the provincial level, and submitted them to the National Development and Reform Commission before October 31. The National Development and Reform Commission will work with relevant departments of the State Council to conduct key supervision on areas where work deployment is not effective, social response is strong, and rectification is not effective, especially in areas where materials are not submitted on schedule or "zero report" are notified to be held accountable by local governments.
(III) Summary report. The leading departments of the provincial bidding and tendering work, in conjunction with relevant departments, carefully summarize the progress of special rectification work in the region, form a summary report (including the progress and main practices of the special rectification work, the main problems found and the handling, the established long-term mechanism, typical experiences that can be replicated and promoted, the next work plan, and opinions and suggestions on the national level, etc.), and together with the random spot checks and key inspections at the provincial, municipal and county levels, the situation will be submitted to the National Development and Reform Commission before December 15. The National Development and Reform Commission, together with relevant departments of the State Council, summarized and formed a general report based on local reports and submitted it to the State Council.
Implementation plan, phased progress report and summary report of railway and civil aviation in various regions shall be directly submitted to the State Railway Administration and the State Civil Aviation Administration according to the above time nodes and requirements. The National Railway Administration and the National Civil Aviation Administration will summarize and forward it to the National Development and Reform Commission.
5. Work requirements
(I) Strengthen organizational leadership. This special rectification work is an important measure to implement the spirit of the national video conference on deepening the "deregulation, supervision and service" reform and optimizing the business environment. All regions and departments should strengthen their political stance, improve their ideological understanding, strengthen organizational leadership, and implement them carefully. The National Development and Reform Commission, together with the Ministry of Industry and Information Technology, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Commerce, the Railway Bureau, and the Civil Aviation Administration, guides and supervises all regions and departments to implement special rectification tasks in accordance with their division of responsibilities. The leading departments of bidding work in various places are the coordinated departments of special rectification in their regions. They must strengthen organization and coordination, form a joint force of departments to ensure that the rectification tasks are completed on time and with quality. The bidding administrative supervision departments in various places are the responsible entities for the special rectification in their regions. They must truly assume the industry supervision responsibilities and implement the rectification tasks in place. Public service platforms and public resource trading platforms at all levels should actively cooperate with relevant departments, provide information and technical support, and assist in special rectification work.
(II) Correct and investigate and deal with it in accordance with the law. All regions and departments shall deal with illegal and irregular acts found during random inspections and key inspections and exclude bidding by enterprises of different ownership types in accordance with the law.For projects that have not yet been closed for bidding, if the bidding announcement, bid invitation letter, prequalification announcement, prequalification documents, bidding documents, and bidding documents are set to set restrictions, and the content of bidders of different ownership groups is excluded, the unreasonable conditions shall be ordered to be corrected in a timely manner and the unreasonable conditions shall be cancelled; for projects that have been closed but have not yet determined the candidate for winning, the order shall be ordered to correct the violations depending on the severity of the violation; for projects that have been completed, the illegal circumstances should also be pointed out seriously and the relevant illegal acts shall be ordered to be promised not to occur again. If the illegal act is serious, administrative penalties shall be imposed in accordance with the law, and the credit records of the relevant responsible units and responsible persons shall be recorded and disclosed through the "Credit China" website. If local public resource trading centers at all levels have committed illegal and irregular behaviors in bidding activities, they will be dealt with seriously in accordance with the law. Serious accountability will be held if local bidding administrative supervision departments at all levels fail to perform their supervision responsibilities in accordance with the law.
(III) Strengthen publicity and education. All regions and departments should strengthen publicity, education and public opinion guidance through various channels, fully demonstrate the firm determination of the CPC Central Committee and the State Council to continuously optimize the business environment and promote the common development of enterprises of all ownerships, further enhance the confidence in enterprise development, stabilize market expectations, and create a good public opinion atmosphere for special rectification work. We must vigorously carry out industry warning education, expose a number of typical illegal and irregular cases through various channels, enhance the awareness of the harm of bidding and illegal acts by relevant market entities, and consciously maintain fair and competitive market order.
(IV) Establish a long-term mechanism. Establishing a unified, open, competitive and orderly modern market system is a long-term task. All regions and departments should improve management systems, improve work mechanisms, strengthen daily supervision, and resolutely prevent illegal and irregular behaviors from rebounding. At the same time, we focus on listening to opinions and suggestions from bidding market entities, industry associations, etc., accelerate the establishment and improvement of a long-term mechanism to ensure that enterprises of different ownerships participate in market competition equally and support the healthy development of enterprises of different ownerships, and consolidate the results of special rectification.
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