State Council on the further specification bidding activities of several views

Published by: Office of the State regulatory category: bidding rules industry property: administrative rules and jurisdiction: cross-provincial enactment date: 2004-07-15 date: 2004-07-15 details: State Council on the further specification bidding activities of a number of views State Office issued 2004] [2600 56, the provinces, autonomous regions and municipalities directly under the Central Government, State ministries, directly under the body: in January 2000 and bidding the People's Republic of China (hereinafter referred to as the "tender Act) came into operation, our bidding market development overall was good, the growing popularity of bidding activity, bid has been expanding, has become an important part of economic life. However, the bidding activities still exist some problem that impeded the bidding law implementation, disrupting the market economic order, breeds corruption. To carry out the party's 16 th spirit, consolidate and standardize the market economic order, create an open, fair and impartial market economy environment to promote anti-corruption work unfolding, the need to strengthen and improve the administrative supervision of bidding, further specification of bidding activity. The State Council agreed that, in respect of the work made the following comments: first, fully understanding further specification bidding activities of importance to further specification bidding activity, is a perfect socialist market economic system. Currently, bidding activity the existence of serious problems, and the State in violation of the law on tender, implementing trade monopolies, area closures; few project owners avoid bidding, false tender, in accordance with the statutory procedures of the tender opening, bid evaluation and calibration; some bidders bid to deception and fraud other improper means, after the successful tenderers without subcontract and unlawful; the administrative oversight ineffective investigation and prosecution for violations; construction bidding activity in bribery, corruption, some government departments and officials directly involved or unlawful intervention in the bidding activity. These problems require the adoption of a sound system, perfect mechanisms, strengthening supervision, normative acts to properly resolve. Further specification bidding activity, is to safeguard fair competition in the market economic order, promoting national unity of the internal market. Specification of bidding activities beneficial to encourage competition to break the embargo and trade protection areas, promotion of production factors in different areas, departments, enterprises and combinations between freedom of movement, to the tenderer selected to meet the requirements of suppliers, contractors and service providers. Further specification bidding activity, is to deepen the investment system reform, improve the efficiency of State-owned assets effective means. In government investment competition mechanism, strict implementation of tendering system, help to improve the investment decisions of the scientific and the level of democracy, promote enterprises enhanced market awareness, improve management, which guarantee the effective use of State funds, improve investment returns. Further specification bidding activity, is to strengthen quality management, prevention and combat of corruption and important links. The quality of the project is a project of the direct relationship between the success or failure of the construction project and the broad masses of the people of life and property safety. Our years of major project quality accident and most of the major cases of corruption and weak implementation of the bidding system, engaging in insider trading, false tender. Implementing the law on tender, strictly regulate the bidding process, the bidding activities of the various links on the open and transparent environment, effectively constrain the behavior of the bidding party, preventing and controlling corruption from the source, and ensure project quality. 2. breaking down trade monopolies and area closures, promoting national market unified bid system must maintain a unified and coordinated. All regions and departments to speed up the bidding for regulatory and normative documents of cleanup work, modify or repeal and the bid and the administrative act contrary to the provisions and requirements, and released to the community. Resolutely correct trade monopolies and area closures, may not develop restricted conditions hinder or exclude other regions, the other bidder to enter this area of the system, this system market; cancel illegal tender license, certificate validation, registration and other formalities; prohibition to access this area, the system of awards and other discriminatory requirements as a condition of winning bid extra points or conditions; no threat, suggesting that bidders bid subcontract part of the project to the region, this system of contractors and suppliers. Encourage reasonable price and the lowest bid. 3. the announcement system, improve transparency in the bidding activities to ensure that the bidder's timely, convenient access to tender information, you must tender according to the law of the construction project of the tender notice, must be in strict accordance with the tender act in countries or provinces, autonomous regions and municipalities directly under the specified media publication, if the tenderer voluntary, you can also publish in other media. No unit or individual may specify or limit violation of a tender notice publication venue and launch range. In addition to the country, according to a specified media publication must tender the tender notice, and shall not charge a fee. To publish a tender notice of illegal intervention activities will be held responsible for leadership and direct responsibility of the person responsible. Speed up bidding information public, improving government regulatory and public service capacity. To publish the tender matters approved, the tender notice, the successful candidate, winning results, tender agent agent activity and other information, timely publication of illegal acts of the bidding process the result, bidding activities parties bad behavior logs, and other related information in order to facilitate the social supervision. 4. perfect expert appraisal system, improve the fairness of bid evaluation activities to strengthen the evaluation experts and bidding activity management and monitoring to ensure the bidding activities of objective and fair. To ensure evaluation expert, independent and impartial manner, and to gradually on the existing fragmented sector experts in consolidation, absorb a certain proportion of cross-sectoral, cross-regional experts formed of experts for bidding evaluation of library, expert extraction and management in accordance with the law on the implementation of the bid. Establishing a sound evaluation expert management system, strict qualification of experts for bidding evaluation to enhance the training of experts for bidding evaluation, assessment, evaluation and records management, based on the actual needs and expert examination of experts for bidding evaluation of promptly to replace or supplement, implement the dynamic management of bid evaluation experts. The strict implementation of withdrawal system, Project manager and Executive supervision staff, shall not be a member of the Committee of experts and participate in the evaluation of bids. Strict evaluation disciplinary, bid on experts for bidding evaluation of activities in violation of, must, depending on the circumstances shall be given a warning, the confiscation of property, fines and other penalties; and shall cancel the tender evaluation committee membership, and shall not participate in any legally to tender bid project; at the same time recommends that the authorities give corresponding punishments, the Constitution crime, legally investigates the legal responsibility. 5. acts of the agent, the establishment of standard bidding on industry self-regulation mechanisms to consolidate and standardize the bidding agent activities. Tendering Agency must sever ties with the administrative authorities, and shall not have any affiliation or other interests. Where, under the bid and the administrative act provides for the establishment and recognition of qualifications of tendering agencies, are invalid. Establish and perfect the bidding agent market access and exit system. Tendering agency should be to operate in compliance with the law, fair competition, on the serious violation of tendering Agency, to cancel the tender agent qualifications. Tendering agency can conduct business across regions according to the law, any local and sector shall register as a disguised restrictions. Establish and perfect the bidding industry self-regulatory mechanism to promote the formation of cross-industry, cross-regional association of bidding. The Association developed industry technical specifications and standards of conduct, through industry self-regulation and the maintenance of order in the bidding activity. 6. positive competition, further widening the bidding areas according to deepen the investment requirements of structural reform, and gradually explore through bidding competition mechanism, improved project development and management. On business, there is a reasonable rate of return and certain investment recovery capacity of public welfare, public infrastructure project, has a monopoly of the project, you can gradually implement project legal tender. Further explore the use of competitive bidding, and other ways to select project consulting, tender agent and other investment service intermediaries. On government investment in public projects, you can select items by bidding on construction project management units for professional management. Strongly promote and regulate government purchasing, research projects, franchising, land use, drug procurement, property management, and other areas of bidding activity. 7. in accordance with the implementation of the management, improvement of bidding and administrative oversight mechanism for administrative supervision departments should be strictly in accordance with the tender Act and the provisions of the State Council, ordered the Division of responsibilities, close cooperation, strengthen management, improving the administrative supervision of bidding. Development and Reform Commission to strengthen the bidding guidance and coordination, strengthen the construction of major construction projects in the bidding for the supervision and inspection and industrial project bidding activities of supervision. Water, transport, railway, civil aviation, information industry, construction, commerce sector, which should be in accordance with the relevant laws and regulations, to strengthen the relevant areas of the bidding process, disclose confidential information, disclosure of the base price, collusive bidding, bid, discrimination and exclusion tender violations of regulatory enforcement. Increase its subcontract, unlawful acts, and, on the transfer of all of the winning project, namely the transfer of, or illegal will be part of the winning project on subject, critical work layer subcontracting, as well as the titular qualified or highly qualified units and in whose name a tender, or from other units rented qualification, the relevant administrative supervision departments must legally imposes fines, confiscation of illicit proceeds, order the rectification, punishment, in serious cases, by the Administrative Department for industry and commerce business license. At the same time, to accept the subcontract, illegal subcontracting units installed in a timely manner. The administrative supervision departments shall not violate the laws and regulations establishing approval, approval, registration, etc., involving matters of administrative licence bidding; already set will be cancelled. Accelerate the transformation, change to the prior approval of the ex-post regulation tends to strengthen the bidding process of supervision and enforcement. Project approval Department on matters not in accordance with the approved for tendering, must take immediate action against the imposition of penalties. Establish and improve the fair and efficient complaint handling mechanism for bidding, timely filing complaints and investigate violations of the law. Any government departments and individuals, particularly leading cadres, not for personal gain, take the hint, incite, say hello, delivery note, specify, forcing the other means of intervention and intervention in specific bidding activity. Administrative supervision departments at all levels to strengthen the enforcement activities of the bids, supervision of tendering and bidding activity dealt with severe corruption and unhealthy practices. Local governments should be based on the administrative licensing law requirements, specification bidding administrative supervision departments work, strengthen the supervision and management team bid, raise the level of administration according to law. All provinces, autonomous regions and municipalities and the State all relevant departments to strengthen the leadership of the bidding, timely lessons learned, and constantly improve policy coordination, handle the bidding of new conflicts and problems.