Who has the bidding and purchasing quota standard in Zhejiang?
In order to further promote the innovation of bidding system and mechanism in Zhejiang Province and promote the construction of unified bidding market for construction projects, the People's Government of Zhejiang Province recently issued the Opinions on Further Strengthening Legal Governance in the Bidding Field of Construction Projects, which came into effect on April 1 20265438.
The opinions are as follows:
The first is to further tighten the bidding procedures.
This opinion is applicable to the engineering construction projects that must be tendered according to law in the whole province. The scope, method and organizational form of bidding shall be applied by the tenderer at the time of project examination and approval, and shall be clearly stipulated in the project examination and approval documents, and shall not be changed at will. If it is really necessary to change, it shall be reported to the original project examination and approval department for approval.
If public bidding is adopted, the tenderee shall publicize the prequalification documents and bidding documents to the public on the trading platform or provincial public resources trading service platform for not less than 3 days before sending them to the relevant administrative supervision departments for the record.
Deadlines for issuing prequalification documents and bidding documents, submitting prequalification application documents, bidding, relevant publicity (announcement) and complaint validity period are all postponed to 1 working day after legal holidays.
The second is to further optimize the business environment of bidding.
National and provincial examination and approval, approval, filing of provincial key construction projects should enter the provincial public * * * resource trading center trading platform, the provincial development and Reform Commission is responsible for the supervision of its bidding activities, and the specific work shall be undertaken by the provincial bidding management center; Other projects enter the trading platform of districts and cities in principle, and the relevant administrative supervision departments of the municipal and county (city, district) governments shall supervise their bidding activities according to their respective responsibilities. Each district and city can explore the relative concentration of supervision and law enforcement power in the field of bidding according to the actual situation.
Improve the province's bidding normative documents directory management mechanism. The catalogue of normative documents for bidding in the whole province shall be formulated by the Provincial Development and Reform Commission in conjunction with the Provincial Department of Justice, announced to the public and dynamically updated in real time. The Provincial Development and Reform Commission shall, jointly with relevant departments, establish a market subject database based on a unified social credit code, so as to realize a registration of market subject information and share it with the whole province. The management of project bidding activities should be based on the unified investment project code. Each trading platform should strictly implement the data specification requirements of the provincial public resource trading service platform, and comprehensively apply the transaction identification code, investment project code and social credit code. In addition to the special requirements of the state or provincial government and the number of qualified experts in the library does not meet the requirements of the extraction rules, the bid evaluation experts of construction projects that must be tendered according to law within the province shall be randomly selected from the provincial comprehensive bid evaluation expert database.
Establish a unified model text system for prequalification documents and bidding documents in the whole province. The pre-qualification documents and the demonstration text of the bidding documents shall be formulated by the provincial development and Reform Commission in conjunction with the provincial economic and information department, the provincial construction department, the provincial transportation department, the provincial water resources department and other industry departments. The tenderer shall use the unified model text of the whole province to prepare the prequalification documents and bidding documents. All localities and departments shall not compile and publish the pre-qualification documents and the model text of the bidding documents by themselves and require the tenderee to use them.
The construction bid section of a state-owned investment project with particularly complex technology or special design requirements may be pre-qualified for bidding after being identified by the relevant industry authorities and agreed by the relevant administrative supervision departments; Others should be examined after qualification. All localities and departments shall not set unreasonable conditions such as filing, registration, registration, payment of relevant fees, establishment of offices (branches), specific qualifications (qualifications), specific administrative regions or specific industry awards, or turn unreasonable conditions into credit evaluation indicators to restrict or exclude potential bidders; Bidding registration and evaluation results shall not be used as a prerequisite for viewing or downloading pre-qualification documents, bidding documents and supplementary documents.
In addition to the media designated by the state, the provincial public * * * resource trading service platform is the unified information release media of engineering construction projects in the province. The bidder shall ensure that the information published in different media is consistent. All localities and departments should, in accordance with the principle of who approves and who implements it, and in accordance with the unified open content, open format and data standards of the whole province, push the information of construction project bidding activities to the provincial public resource trading service platform for public disclosure, except those involving state secrets, commercial secrets and personal privacy.
Third, further deepen the innovation of bidding norms.
Implement the main responsibility of the tenderer, and the tenderer will be fully responsible for the bidding process and results. Steadily promote the reform of "sub-evaluation" in bidding, and encourage the use of "sub-evaluation" in survey and design and whole-process engineering consultation and bidding; Explore the reform of "separation of evaluation and supervision" in the field of construction general contracting; Support qualified areas to carry out regional "separation of evaluation and supervision" comprehensive pilot. Support the first set of products and the application of energy-saving, water-saving, land-saving, material-saving and environmental protection technologies in bidding activities to further stimulate the vitality and development momentum of small and medium-sized enterprises.
The tenderer shall reasonably select the bid evaluation method according to the actual situation of the project. It is not allowed to directly select potential bidders, successful candidates or successful bidders by means of lottery, lottery and rate bidding. For the construction blocks with complex technology and the need to score and evaluate the technical bid, the tenderer shall choose the comprehensive evaluation method of scoring and evaluating the technical bid, and the specific standards shall be specified in the unified model text of the bidding documents in the whole province.
The tenderer shall strictly implement the qualification management regulations and set the qualification conditions of bidders according to the minimum requirements required to complete the project. Professional qualification requirements within the scope of general contracting qualification shall not be set separately in the bidding qualification conditions of construction general contracting bidding projects. If there are multiple bidding qualification requirements for the same project subject to tender, the consortium bidder shall not be excluded. If the tenderer requires the bidder to have similar performance, it shall set reasonable performance quantity and requirements, and the set performance conditions shall not exceed the requirements of relevant indicators of the bid section. Unless otherwise stipulated by laws and regulations, government investment projects that must be tendered according to law shall, in principle, be contracted out after the preliminary design approval is completed.
The tenderer shall specify the conditions for refusing to bid in the tender documents. If the tenderee adds, deletes or modifies the clauses of the rejected bid through supplementary documents, it shall explain the adjusted complete clauses of the rejected bid in the supplementary documents. Bidders should list whether they respond to the substantive terms of the bidding documents in the bidding documents, and indicate them in order. The bid evaluation committee shall carry out bid evaluation activities according to laws and regulations, and carefully check whether the bidding documents respond to the substantive requirements of the bidding documents. When evaluating the bid, the bid evaluation committee shall notify the bidder in writing to clarify various doubts such as unclear meaning, obvious textual errors or calculation errors in the bid documents. If the bidder intends to reject its bid, it should first ask in writing and check with the bidder.
If the bid evaluation method specifies the benchmark price or the best quotation, it shall be calculated and determined by the bid evaluation committee in accordance with the method specified in the bidding documents, and it shall remain unchanged throughout the bidding process except for calculation errors. The person in charge of the general contracting project and the person in charge of the construction project to be dispatched by the bidder shall not be the person in charge of the general contracting project or the person in charge of the construction project of any other contract project under construction at the bidding deadline. The start time of the contract project under construction is the date when the bid-winning notice of the contract project is issued (if the bidding method is not adopted, the start time is the date when the contract is signed), and the end time is the date when the contract project passes the acceptance or the contract is terminated.
Fourth, further crack down on illegal bidding.
The relevant administrative supervision departments shall strengthen the work linkage with the public resource transaction supervision and management institutions, industry authorities and public security departments. , crack down on illegal bidding activities. The tenderer shall strictly implement the bidding laws, regulations and rules, and standardize the bidding activities according to law. The tenderer and relevant responsible personnel shall promptly report to the relevant administrative supervision departments and industry authorities the illegal acts of market participants found in the bidding process. Any unit or individual has the right to report to the relevant administrative supervision departments the illegal acts in the projects that must be tendered according to law. The report shall present specific illegal facts, verifiable clues or necessary proof materials. During the reporting period, the tenderer may continue bidding activities.
The tenderer shall stipulate in advance in the tender documents the civil liability for compensation arising from illegal acts. The bidder obtains the qualification of winning the bid by means of fraud, collusion in bidding or bribery. , the bid is invalid; The tenderer shall complete the follow-up bidding work according to the bidding laws and regulations and the bidding documents. If a contract has been signed, the contract is invalid; The tenderer shall handle the matter in accordance with the relevant laws and regulations and the provisions of the tender documents. The bidder cancels the bidding documents, gives up winning the bid, and does not sign a written contract with the tenderer without justifiable reasons. , or is determined by the administrative department to be illegal, and the tenderer re-bids, the tenderer may refuse the bidder to bid for the project again, but it shall be clearly stated in the tender documents in advance.
Establish a credit evaluation mechanism for bid evaluation experts, strengthen the training, assessment and dynamic management of bid evaluation experts, strengthen the supervision of bid evaluation by electronic means, standardize the behavior of experts and improve the quality of bid evaluation. Increase the punishment for the illegal acts of bid evaluation experts, and the relevant administrative supervision departments shall give administrative punishment to the illegal acts of bid evaluation experts according to law, and the results of administrative punishment shall be copied to the provincial development and Reform Commission in time.
In the process of electronic bidding, if the machine code or filing identification code of the electronic bidding documents produced by different bidders of the same project are the same, combined with relevant factual evidence, it is determined that it belongs to the situation that "the bidding documents of different bidders are compiled by the same unit or individual" as stipulated in Item 1 of Article 40 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC); If different bidders download bidding documents, upload bidding documents, purchase electronic guarantees or participate in bidding activities from the IP address of the same bidder or the same natural person, combined with relevant facts and evidence, it is determined that it belongs to the situation that "different bidders entrust the same unit or individual to handle bidding matters" as stipulated in Item 2 of Article 40 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC); If different bidders purchase electronic letter of guarantee through the same unit or individual account, combined with relevant factual evidence, it is determined that it belongs to the situation that "the bid bond of different bidders is transferred from the same unit or individual account" as stipulated in Item 6 of Article 40 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC). The above situation should be punished according to collusive bidding.
Five, to further promote the information construction of bidding.
Further play the pivotal role of the provincial public resources trading service platform in the electronic trading of provincial public resources, and provide services for transaction information collection, resource sharing and business collaboration. Vigorously promote the construction bank guarantee, guarantee insurance instead of cash deposit, speed up the construction of engineering guarantee information platform, promote the electronization of deposit, and explore the mechanism of linking credit with deposit.
Accelerate the realization of electronic tender document publicity, tender announcement release, tender document download, supplementary document release, bid bond submission, tender document submission, bid evaluation, bid winner candidate publicity, bid winner announcement, contract signing and document filing, improve the electronic bid evaluation system, and promote remote bid evaluation in different places. Strengthen electronic supervision of bidding activities, actively implement "Internet plus supervision", make full use of big data of electronic transaction information, build smart supervision scenarios, and improve the intelligent and refined level of transaction supervision.
Explore the unification of bidding transaction data standards in the Yangtze River Delta region, and promote transaction information sharing and mutual recognition of transaction results. Promote the sharing of bid evaluation experts and site facilities resources in the Yangtze River Delta Ecological Green Integration Development Demonstration Zone.
Six, to further promote the bidding credit management.
Deepen the construction of credit system in the bidding field of engineering construction projects in the province, promote the integration of industry credit evaluation and public credit comprehensive evaluation, rely on platforms such as "Credit China" and "Credit Zhejiang" and relevant administrative supervision departments actively carry out credit supervision in bidding, comprehensively record the credit information of market subjects and bid evaluation experts in bidding activities, strengthen the collection and sharing of credit information, and build a cross-regional, cross-departmental and cross-disciplinary mechanism for dishonesty. The relevant administrative supervision departments shall, in accordance with the principles of openness and fairness, disclose the integrity of the main body of the bidding market to the public in accordance with the law and regulations. Encourage industry associations to formulate industry self-discipline rules, strengthen the credit awareness of bidding market participants, and promote industry trustworthiness and self-discipline.
Strengthen the linkage between the bidding market and the construction site, strengthen the application of enterprise credit and contract performance evaluation information in bidding activities, promote closed-loop supervision of the whole process of engineering construction, and standardize industry management, enterprise management and site management. The competent department of industry shall, jointly with the relevant administrative supervision departments, strengthen the supervision and evaluation of contract performance, and incorporate the contract performance evaluation into the industry credit management according to law. Except those involving state secrets, commercial secrets and personal privacy, the tenderee shall disclose the contract signing information on the project trading platform within 15 days after the contract signing, including the project name, the names of both parties to the contract, the contract price, the signing time, the contract term, the contract performance and the change information. Each trading platform should simultaneously push the relevant content to the provincial public resource trading service platform.
Seven, further serious bidding work discipline.
All relevant administrative supervision departments should conscientiously perform their duties of supervision and law enforcement, and matters under the jurisdiction of other departments in the process of supervision and law enforcement should be handed over to relevant departments in time for handling or joint handling. If the tenderer violates the provisions on filing of tender documents, handling of objections, handling of complaints and reports, etc., causing adverse consequences, the responsibility of the tenderer and relevant personnel shall be investigated according to laws and regulations. If the relevant administrative supervision departments violate the provisions of laws and regulations, set approval conditions or other unreasonable conditions without any basis in laws and regulations, restrict or exclude potential bidders from the region and the system from bidding, or designate a bidding agency for the tenderee, force the tenderee to entrust a bidding agency to handle bidding matters, or otherwise interfere in bidding activities, the administrative responsibilities of the relevant administrative supervision departments and their staff shall be investigated according to laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
This opinion was implemented from April 20021year to April 20021year. The Opinions of the People's Government of Zhejiang Province on Further Strictly Regulating the Bidding Activities of Engineering Construction Projects (Zhejiang Fazheng [2014] No.39) shall be abolished at the same time.