Opinions of the General Office of the State Council on Innovating and Improving Systems and Mechanisms to Promote the Standardized and Healthy Development of the Tendering and Bidding Market

Guo Ban Fa [2024] No. 21

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council:

The bidding market is an important part of the national unified market and high-standard market system, which plays an important role in improving the efficiency of resource allocation and continuously optimizing the business environment. In order to innovate and improve the system and mechanism, and promote the standardized and healthy development of the bidding market, with the approval of the State Council, the following opinions are hereby put forward.

General 1. requirements

Innovate and improve the system and mechanism, and promote the standardized and healthy development of the bidding and bidding market. We must adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the Party's 20th National Congress, implement the new development concept completely, accurately and comprehensively, and accelerate the construction of a new development pattern, Focus on the better combination of effective market and promising government, focus on the role of bidding competition and selection, reform and innovation bidding system design, promote digital transformation and upgrading in depth, accelerate the realization of full-process and full-chain supervision, adhere to a national game of chess, resolutely break down fragmentation and industry barriers, promote the formation of an efficient, standardized, fair competition, and fully open bidding market, and promote commodity element resources on a larger scale The smooth flow of the internal system provides strong support for the construction of a high-standard market system and a high-level socialist market economic system.

-- Adhering to the problem orientation and treating both the symptoms and the root causes. Face the outstanding contradictions and deep-seated problems in the field of bidding and bidding, take targeted measures to correct the lagging system rules, the main responsibility is not implemented, the transaction barriers are difficult to break, the market order is not standardized and other stubborn diseases, and gradually form a long-term mechanism to promote the standardized and healthy development of the bidding market.

-- Adhere to the concept of system, coordination and linkage. Strengthen forward-looking thinking, overall planning, strategic layout, and overall advancement, deepen the integration of systems, technology, and data, improve the level of cross-regional and cross-industry cooperation, better mobilize the enthusiasm of all parties, and promote the formation of a pattern of co-construction, co-governance and sharing, and effectively Condense the joint forces of bidding and bidding market construction.

-- Adhere to the classification of policies, precise force. We will improve the bidding system, rules and standards in accordance with the idea of combining unified division and classification, coordinate short-term and medium-and long-term policies and measures, and enhance the accuracy and effectiveness of bidding market governance.

-- Adhere to innovation leadership, empowerment and efficiency. We will continue to strengthen the innovation of bidding system rules, operation mode, trading mechanism and regulatory system, improve transaction efficiency, reduce transaction costs, standardize market order, and promote the transformation and upgrading of the bidding market.

2. improve the bidding system

(I) optimize the design of institutional rules. We will speed up the revision of the bidding law, the government procurement law and relevant implementation regulations, and strive to remove the institutional obstacles restricting the construction of a high-standard market system. We will speed up the improvement of the basic rules and implementation rules for the unified classification of tendering and bidding transactions, optimize the procedures for tendering and bidding transactions, and promote the independent and orderly flow of elements. Explore the preparation of a fair competition index for tendering and bidding markets. Accelerate the construction of a scientific and standardized bidding transaction standard system, formulate digital bidding and procurement technical standards according to different fields and specialties, and meet the professional transaction needs of various projects. Establish a credit evaluation index system with unified classification in the field of bidding and bidding, and standardize the application of credit evaluation in bidding and bidding.

(II) strengthen the coordination of laws and regulations and policies. We will implement the rules for the examination of fair competition in the field of tendering and bidding, improve the mechanism for complaints, handling and response to barriers to tendering and bidding transactions, and promptly clean up the regulations and practices that violate fair competition. Governments at all levels and their departments formulate laws and policies related to bidding and bidding, strictly implement the requirements of public consultation, legality review, and fair competition review, and must not interfere with the autonomy of tenderers and bidders, and prohibit regions, industries, and forms of ownership. Illegal restrictions.

3. implement the main responsibility of the tenderer

(III) strengthen the main position of the tenderer. Respect and protect the legal rights of the tenderer, and no unit or individual may interfere with the tenderer's autonomy in selecting bidding agencies, preparing bidding documents, and appointing representatives to participate in bid evaluation. Classification and revision of the survey, design, supervision, construction, general contracting and other tender documents model text. Strengthen the management of bidding requirements and the planning of bidding plans, standardize the issuance of bidding plans, and encourage the early publication of bidding documents. Intensify the disclosure of tender announcements, winning contracts and performance information, and the tender announcement shall specify the administrative supervision department for tendering and bidding. Implement the responsibilities of the tenderee in organizing bidding, handling objections and supervising the performance of the contract. State-owned enterprises to organize tenders and participate in tenders into the operation and investment accountability system to strictly manage.

(IV) and improve the service mechanism of bidding agencies. Formulate bidding agency service standards and codes of conduct, strengthen the self-discipline of the bidding agency industry, and improve the mechanism for tenderers to manage and restrict bidding agency activities based on entrusted contracts. Accelerate the ability evaluation of bidding and procurement professionals, study and improve the talent training mechanism related to bidding and procurement, and improve the professional service level of bidding and procurement. Administering arbitrary charges in the field of bidding agents, and cracking down on price violations such as price increases. Serious violations of the bidding agency and its directly responsible personnel shall be dealt with in accordance with the law and the implementation of the industry ban.

(V) promote the innovation of bidding and procurement mechanism. Fully docking international high-standard economic and trade rules, and optimizing domestic bidding and procurement methods. Support enterprises to centrally organize and implement bidding and procurement, and explore the formation of a bidding and procurement management mechanism that meets the needs of enterprise production and operation and supply chain management. Strengthen the connection between bidding and non-bidding procurement, and support the adoption of flexible contracting for projects in the fields of technological innovation, emergency rescue, work-for-work, village construction, and afforestation.

4. improve the bid evaluation and calibration mechanism

(VI) improve the bid evaluation method and bid evaluation mechanism. The scope of application of the lowest bid price method evaluated by the specification is generally applicable to bidding projects with general technical and performance standards or where the tenderer has no special requirements for technology and performance. Highlight technical factors in the evaluation of survey and design projects and increase the weight accordingly. Improve the procedures for the identification of abnormally low prices by the bid evaluation committee, and reject low-price bids that seriously affect performance in accordance with the law. Reasonably determine the bid evaluation time and the number of members of the bid evaluation committee. Comprehensive promotion of network remote remote bid evaluation. Implementation of hidden bidder information review. Actively trial bidder qualification, performance, credit and other objective quantitative evaluation, improve the quality and efficiency of bid evaluation.

(VII) optimization of the winning bidder determination procedure. Clarify the responsibilities of expert bid evaluation and bid selection, further improve the bid selection rules, and ensure that the bid selection method is independently selected according to the characteristics and needs of the bidding project and published in the bidding documents. Establish and improve the tenderer's review procedures for the bid evaluation report. If the tenderer finds any error in the bid evaluation report, he has the right to request the bid evaluation committee to review and correct it. Explore the bid inviter from the bid evaluation committee to recommend the scope of the winning candidate independent research to determine the winning bidder. Implementation of the whole process of calibration records and traceability management.

(VIII) strengthen the whole cycle management of bid evaluation experts. Accelerate the sharing of bid evaluation expert resources across regions and industries. Optimize the professional classification of bid evaluation experts, strengthen the warehousing review, business training and integrity education of bid evaluation experts, and improve their ability to perform their duties. In accordance with the law, bid evaluation experts shall be guaranteed to carry out bid evaluation independently and shall not be interfered by any unit or individual. The establishment unit of the bid evaluation expert database shall establish and improve the whole process and chain management system from expert selection to assessment and supervision, improve the system and norms of bid evaluation experts such as fair performance commitment and confidentiality management, establish mechanisms such as daily assessment and evaluation of bid evaluation experts and dynamic adjustment and rotation, and implement the lifelong responsibility of bid evaluation experts for bid evaluation results.

5. Promote Digital and Intelligent Transformation and Upgrading

(IX) speed up the promotion of the application of digital intelligence technology. Promote the integration and development of bidding and new technologies such as big data, cloud computing, artificial intelligence and block chain. Formulate and implement national unified electronic bidding technical standards and data specifications, and promote full-process electronic transactions for projects that must be tendered in accordance with the law. Accelerate the promotion of national bidding and bidding transaction subject information interconnection, and realize the mutual recognition and sharing of business entity registration, qualifications, performance, credit and other information. Accelerate the realization of national mutual recognition of digital certificates in the field of bidding and bidding, and support the promotion and application of electronic business licenses. Promote the application of fixed asset investment project codes and bidding transaction codes. Fully promote the payment of bid bonds, performance bonds, and project quality bonds by means of electronic guarantees (insurance).

(X) optimize the electronic bidding platform system. Overall planning of electronic bidding platform construction, improve the level of intensive. People's governments at or above the municipal level divided into districts shall optimize the public service platform for electronic bidding in accordance with the principles of government-led, interconnected, and open sharing. Support social forces in accordance with the principles of marketization, specialization and standardization of the construction and operation of the bidding electronic trading system. The electronic trading system shall be open to all kinds of professional trading tools. No unit or individual may designate a specific electronic trading system or trading instrument for the business entity.

6. strengthen collaborative and efficient supervision and management

(11) Compacting the responsibilities of administrative supervision departments. Further rationalize the administrative supervision system for tendering and bidding, and explore the establishment of a synergistic mechanism that combines comprehensive supervision with industry supervision. Clarify the responsibility chain, compile a list of administrative supervision responsibilities in different fields, clarify the competent departments and the scope, procedures and methods of supervision, and eliminate the blind spots of supervision. For matters with vague regulatory boundaries and disputed responsibilities, the local people's government shall clarify the competent department and regulatory responsibilities in accordance with the principles of field centralization, streamlining and efficiency.

(12) Strengthen multi-level and three-dimensional supervision. Strengthen the organic connection between bidding and investment decision-making, quality and safety, completion acceptance and other links, open up the approval and supervision business information system, improve the integrated supervision capacity of project construction, strengthen the linkage between the bidding and bidding trading market and the performance site, and improve the supervision of the whole chain and the whole field before and after the event. The implementation of credit classification classification supervision. Give full play to the role of industry organizations and improve the level of industry self-discipline. Improve the standards and procedures for the administrative supervision department of bidding and bidding to transfer clues to discipline inspection and supervision agencies, judicial agencies, etc., promote increased inspections, audits and supervision, and transfer clues that harm national interests or social public interests as public interest litigation clues to procuratorial agencies, Transfer clues to public security organs for serious acts of collusion in bidding, the clues of public officials of party and government agencies, state-owned enterprises and institutions, people's organizations and other units using their powers to seek illegal benefits and accept bribes are transferred to the discipline inspection and supervision agencies. Establish a feedback mechanism for the handling of transferred clues to form a closed-loop management.

(13) Accelerate the promotion of smart supervision. Innovate the digital supervision method of bidding and bidding, promote the transformation of on-site supervision to full-process digital supervision, improve the functions of the bidding and bidding electronic supervision platform, unblock the supervision and supervision channels of bidding and bidding administrative supervision departments, discipline inspection and supervision agencies, judicial agencies, and audit agencies, and establish an open and coordinated supervision network. The administrative supervision department of bidding and tendering should establish digital law enforcement rules and standards, and use new supervision methods such as off-site, Internet of Things perception, palm movement, and penetration to further enhance the supervision efficiency. Intensify random sampling of bidding documents, use digital means to strengthen the analysis and comparison of similar project qualifications and business conditions, and conduct key verification of abnormal bidding documents.

7. to create a standardized and orderly market environment

(14) Severely cracking down on illegal bidding activities. Establish and improve the standards and norms of administrative law enforcement in bidding and tendering, and improve the benchmark of administrative penalty discretion. In accordance with the law, we will intensify the punishment of illegal and criminal acts such as exclusion and restriction of potential bidders, evasion of bidding, collusion in bidding, and bribery to win the bid, and severely crack down on subcontracting and illegal subcontracting. Organize and carry out cross-departmental joint law enforcement at the right time, and focus on the outstanding problems in the field of engineering construction. We will promote the revision of relevant criminal laws and severely punish criminal activities in bidding and tendering in accordance with the law. Give full play to the role of dispute resolution mechanisms such as mediation, arbitration, and litigation, support business entities to safeguard their legitimate rights and interests based on civil contracts, and promote the diversified resolution of bidding disputes. Improve the bidding and bidding complaint handling mechanism to curb malicious complaints.

(15) Continuously clean up regulations and practices that hinder the construction of a unified national market and fair competition. Carry out a special clean-up of bidding regulations and policy documents, conduct a comprehensive investigation of regulations, rules, normative documents, and other policy documents and model texts, and revise and revise in accordance with the prescribed authority and procedures if there are unreasonable restrictions such as ownership discrimination, industry barriers, and local protection. Abolish. Clean up and standardize the administrative examination and approval, licensing, filing, registration, registration, registration and other matters in the field of bidding and bidding, and shall not implement administrative examination and approval in disguised form in the name of public services and transaction services.

8. improve the efficiency of bidding policy

(16) Improve the incentive mechanism to support innovation. Improve the bidding mechanism for the first (set) of major technical equipment. The participation of the first (set) of major technical equipment in bidding is deemed to meet the requirements of market share and use performance. Generally, the first (set) of major technical equipment that has been insured will no longer Charge quality deposit. State-owned enterprises are encouraged to purchase and order innovative products and services through bidding.

(17) Optimize the promotion and application mechanism of green bidding and procurement. Prepare green bidding and procurement demonstration texts, guide tenderers to reasonably set green bidding and procurement standards, and clarify environmental protection, energy saving, and low-carbon requirements for raw materials and manufacturing processes. Encourage tenderers to comprehensively consider production, packaging, logistics, sales, service, recycling and reuse to determine bid evaluation standards, and establish a green supply chain management system.

(18) Improve the policy system to support the participation of small and medium-sized enterprises. Optimize policies and measures to support the development of small and medium-sized enterprises in the field of engineering construction bidding and bidding, and increase support for small and medium-sized enterprises to participate in bidding and bidding by reserving shares, improving bid evaluation standards, and increasing the proportion of down payment. Encourage large enterprises and small and medium-sized enterprises to form consortia to participate in bidding, and promote complementary advantages and resource integration among enterprises. Explore the support of small and medium-sized enterprises to participate in bidding and bidding as state-owned enterprises to fulfill social responsibility assessment content.

9. strengthen organization and implementation guarantee

(xix) Strengthening organizational leadership. We will persist in strengthening the overall leadership of the party and the centralized and unified leadership of the party Central Committee, and implement the party's leadership in the whole process of promoting the standardized and healthy development of the bidding market in all fields. The National Development and Reform Commission should strengthen overall coordination, refine and materialize various tasks, and promote implementation in a list. The Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, and the State-owned Assets Supervision and Administration Commission of the State Council should, in accordance with their responsibilities, improve the work promotion mechanism and solidly promote the implementation of various tasks. The provincial people's government must clarify the timetable and road map, integrate forces, grasp the key, and pay close attention to implementation to ensure that various tasks are effective. Improve the normalized accountability mechanism, and seriously pursue accountability in accordance with regulations and disciplines for those who are not effective in supervision and law enforcement. Report on major matters to the Party Central Committee and the State Council in a timely manner.

(20) Create a good atmosphere. We should respect the people's initiative, encourage local and grass-roots units to actively explore, and encourage bold innovation in reforming the bidding management system, improving the bid evaluation and determination mechanism, implementing the whole process electronic bidding and bidding, and promoting digital intelligent supervision. The National Development and Reform Commission shall, in conjunction with relevant departments, follow up the progress of the work of innovating and improving the bidding system and mechanism in a timely manner, strengthen dynamic monitoring and regular evaluation, and solidify effective experience and practices in an appropriate form and promote them on a larger scale. Strengthen publicity and interpretation and supervision by public opinion, and create a social environment conducive to the standardized and healthy development of the bidding market.

General Office of the State Council

2 May 2024