On January 3, the Housing and Urban-Rural Development Bureau of Yantai City, Shandong Province issued the Notice on Further Strengthening the Supervision and Management of Bidding for Housing Construction and Municipal Infrastructure Projects (Yanjian Jianguan 2024 No. 1).
Fully implement electronic biddingProjects that must be tendered in accordance with the law shall be subject to electronic transactions throughout the whole process.
It is strictly forbidden to set up bidding registrationThe tenderer strictly prohibits the following behaviors
It is strictly forbidden to set up bidding registrationand other pre-links that have no basis in laws and regulations.
Potential bidders shall not be excluded or restricted by setting unreasonable conditions.
The nature of ownership of the registered address shall not be proposed, market share, specific administrative region or specific industry performance, non-mandatory qualification certificationSet up local branches and pay taxes and social security locallyand other requirements.
Pay close attention to the collusion of bidding units! The bidder has one of the following circumstances in the bidding processIt is deemed that bidders collude with each other in bidding
1. The electronic bidding documents of different bidders are prepared by the same computer;
2. The bidding software code of different bidders is the same;
3. The bidding ** is unusually consistent;
4. There are two or more errors in the substantive content of the bidding documents prepared by different bidders;
5. Although the bid deposits of different bidders are transferred out through the bidder's own basic account, the required funds are from the accounts of the same unit or individual;
6. Other behaviors stipulated by laws and regulations that are deemed to be bidders colluding with each other in bidding.
Relevant laws and regulations:
Tendering and Bidding Law of the People's Republic of China
Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China (Order No. 613).
Note: See the end of the article for details of the original article.
As early as before, the Shandong Provincial Department of Housing and Urban-Rural Development had proposed:CancellationBidding registration, bidding documents review, original verification and other matters.
Since then, Jinan, Qingdao and other places have issued documents one after another.
Shandong
On January 10, 2020, the Shandong Provincial Department of Housing and Urban-Rural Development and the Shandong Provincial Development and Reform Commission jointly issued the Notice on Further Improving the Supervision of Bidding and Bidding for Housing Construction and Municipal Engineering (Lu Jian Jian Guan Zi 2020 No. 1):
CancellationThere is no basis in laws and regulationsBidding registration, bidding document review, original verification and other matters, as well as the use of the notification and commitment system and the pre-approval or review link of the post-event supervision solution.
In the bidding process, the performance and awards of specific administrative regions or specific industries shall not be used as bonus conditions or bid-winning conditions.
Jinan Jinan Municipal Bureau of Housing and Urban-Rural Development issued the "Jinan Housing Construction and Municipal Infrastructure Engineering Construction Bidding Evaluation Management Rules".
Where enteredThe construction of engineering construction projects of public resource trading centers at all levelsAll bidding registrations will be cancelled
TendereeEnjoy the right to prequalify in accordance with the law, and the tenderer's qualification review of the bidding applicant should generally not exceed 20 days.
General contractorIt can undertake all professional contracting projects within the scope of general contracting qualification.
If all state-owned funds are used or state-owned funds occupy a controlling or dominant position, the bidding of construction projects that must be tendered in accordance with the law must adopt the bill of quantities valuation method.
Qingdao Municipal Bureau of Housing and Urban-Rural Development issued the Notice on Further Strengthening the Supervision and Management of Bidding for Housing Construction and Municipal Infrastructure ProjectsThis notice will come into force on May 4, 2023, valid until May 3, 2028. The document presents:
1. The tendererIn accordance with the law in the selection of bidding institutions, the determination of the winning bidder, the signing of contracts, etcEnjoy autonomy
2. Except for special circumstances such as the temporary lack of conditions for the trading platform, the whole process of electronic trading shall be implemented for projects that must be tendered in accordance with the law.
The tenderer strictly prohibits the following behaviors
It is strictly forbidden to set upBidding registrationand other pre-links that have no basis in laws and regulations.
No, you cannotExclude or restrict potential bidders by setting unreasonable conditions.
Projects must be tendered in accordance with the lawIt may not be raisedRegistered address, nature of ownership, market share, performance of specific administrative regions or specific industries, obtaining non-compulsory qualification certification, setting up local branches, local payment of taxes and social security, etc.
It must not be appliedThe conditions of a specific producer set the qualifications, technical and commercial conditions of the bidder.
Other provinces and municipalities have the following provisions
In April 2022, the Heyuan Municipal Bureau of Housing and Urban-Rural Development issued a notice on canceling the bidding registration link that has no basis in laws and regulations in the bidding and bidding process of housing municipal projects in our city. Effective May 1, 2022.
Where enteredThe bidding project of the housing municipal engineering of the public resource trading center at all levels in our cityCancel the bidding registration link, and accept the bidding of potential bidders throughout the process
Hunan
In December 2021, Hunan Province issued the "Opinions on Establishing and Improving a Long-term Mechanism for Bidding and Bidding Supervision to Regulate Bidding and Bidding Activities" (Xiang Zheng Ban Fa 2021 No. 77), which will come into force on the date of promulgation.
Implement the whole process of electronic bidding and bidding. For the construction projects that enter the public resources trading center, except for special projects such as those involving secrets, the whole process of electronic bidding and bidding shall be implemented. Cancellation of the sale of tenders and the registration of tenders, the implementation of the tender announcement, bidding documents without threshold free access and **, and actively improve the non-face-to-face bid opening, electronic bid evaluation, remote bid evaluation, electronic letter of guarantee, ** signing, electronic filing and other technical specifications. If electronic bidding and bidding are adopted, the fee for the sale of prequalification documents and bidding documents shall not be charged.
Wenzhou
In August 2021, Wenzhou City issued the "Implementation Opinions of the People of Wenzhou City on Further Regulating the Bidding and Bidding Activities of Engineering Construction Projects", which will come into force on September 1, 2021.
Optimize the bidding and bidding process. Cancel the bidding registrationto simplify the registration process; The public resource trading platform should provide online services, so that bidders can ** free * bidding documents (prequalification documents), shall not be mandatory on-site registration. The legal representative of the bidder shall not be required to be present in the bid opening process. Cancel the review of bidding documents and original verification items that have no basis in laws and regulations.
Shaoxing
On April 21, 2021, the people of Shaoxing City issued the "Notice on Reforming the Bid Deposit System for Construction Project Bidding Projects and Canceling the Bidding Registration Link and Other Related Matters (Shaoxing Municipal Service No. 2020 No. 11)".
Cancel the bidding registration process for potential bidders。If the bidding documents (prequalification documents) are not obtained within the specified time, the tenderee shall not accept its bid.
The amount of payment of bid bond shall not exceed 500,000 yuan.
Fully implement the payment of bid bond guarantees. The bidder submits the bid bond in the form of a letter of guarantee, and no unit or department shall exclude, restrict or refuse.
The actual time of deposit payment is subject to the time of arrival; If the payment is made in the form of a letter of guarantee, the time of receipt of the letter of guarantee shall prevail.
Shanwei
In May 2020, Shanwei City issued the "Notice on Canceling the Prequalification Documents, Bidding Documents, and Bidding Registration of Housing Municipal Engineering Projects".
Cancel the bidding registration
The tenderer shall not use the bid registration as a precondition to restrict potential bidders from obtaining prequalification documents and bidding documents, and shall not use the bidding registration as a veto clause of the prequalification documents and bidding documents, and eligible potential bidders can use the prequalification documents and bidding documents on the trading platform.
Shaanxi Provincial Public Resources Trading Center actively communicates and coordinates with the prefecture and city, and takes multiple measures to improve the business process of the procurement transaction systemAs of September 2, 2019, where through the national public resources trading platform (Shaanxi Province) organization and implementation of the first procurement projectThe online registration session will be cancelled。After canceling the bidding registration link, the first business through the electronic trading system after online registrationNo bidding registration is required, you can directly obtain the procurement documents, simplify the work process, improve the efficiency of bidding, and standardize the order of the procurement market.
In order to continuously optimize the business environment, the procurement center of the provincial unit in Shaanxi Province on the basis of canceling the bidding registration link, also requires that the procurement needs of all procurement projects must be released simultaneously with the procurement announcement, so that the first business can understand the project situation in advance and then decide whether to participate in the bidding, which reduces the cost of participating in the competition. At the same time, the time for obtaining procurement documents will be extended to before the bid opening, that is, the best business can participate in the bidding before the bidding deadline, so as to give the first business more opportunities to participate and create a fair competition and open trading environment.
Beijing
On May 15, 2019, 8 departments including the Beijing Municipal Commission of Housing and Urban-Rural Development researched and drafted the "Notice on Deepening the Reform of "Delegating Power, Delegating Power and Improving Services" in the Field of Bidding and Optimizing the Business Environment
Cancel the on-site bidding registrationto promote electronic bidding. On the basis of the standardized format template, the bidding documents (prequalification documents) and bidding documents are electronic, and the enterprises that meet the bidding conditions can be **free**, and the relevant electronic documents are encrypted and circulated.
Guangxi. On May 22, 2019, the Guangxi Department of Housing and Urban-Rural Development and the ** Administration of Government Affairs jointly issued the "Notice on Comprehensively Promoting the Electronic Bidding and Bidding of Housing Construction and Municipal Infrastructure Projects", which clarified:
Before August 31, 2019Cancel the bidding registration process, cancel the tenderer or its entrusted bidding agency to sell the bidding documents, fully realize the electronic bidding to replace the paper tender, the realization of the bidding documents online.
Jiangxi. In March 2019, the Jiangxi Provincial Department of Housing and Urban-Rural Development put forward 8 requirements in strengthening the supervision of the bidding and bidding process:
Fully implement the electronic and informatization of bidding and bidding;
Strict review of bidding information announcement and bid-winning result publicity;
Cancel the bidding registration process, the implementation of online anonymous way to purchase bids, drawings.
In 2019, the Gansu Provincial Public Resources Trading Bureau of Gansu Province issued the "Notice on Canceling the Bidding Registration for Bidding and Procurement Projects".
takeEliminated in project construction bidding and bidding and procurement activitiesBidding registration link
Tenderee(Purchaser) or bidding (procurement) ** institutions shall be in the bidding (procurement) announcement, bidding (procurement) documents, prequalification announcement, prequalification documentsCancel the bid registration and inform potential bidders(**Quotient).
Chengdu, December 11, 2019, Chengdu Municipal Housing and Urban-Rural Development Bureau, Chengdu Municipal Bureau of Economy and Information Technology and other 8 departments issued the "Implementation Opinions on Optimizing the Business Environment and Further Promoting the Reform and Innovation of the Bidding and Bidding System for Engineering Construction Projects".
Cancel the bidding registrationThe legal representative of the bidder shall not be required to be present in the bid opening process.
The country *** expressly ordered!
In the legal provisions of "bidding", there is no provision for bidding registration, which means that bidding registration is just an operating habit without legal basis.
Guoban Letter 2019 No. 41 clearly stated:Cancel the bidding registration that has no basis in laws and regulations, bidding document review, original verification and other matters, as well as the use of the notification and commitment system and the pre-approval or review link of the post-event supervision solution. The Ministry of Housing and Urban-Rural Development and other 8 ministries and commissions issued Order No. 20 "Electronic Bidding and Bidding Measures" also clearly stipulates: in addition to the registration stipulated in these measures and technical specifications, no unit or individual shall set up preconditions such as registration and bidding registration in bidding and bidding activities to restrict potential bidders' prequalification documents or bidding documents.
In 2022, the national *** and so on13 divisionsIssued the "Several Opinions on Strictly Implementing the Bidding and Bidding Laws and Regulations to Further Regulate the Behavior of Bidding and Bidding Entities" (Development and Reform Regulations No. 1117 2022).It will come into force on September 1, 2022. Again, it is strictly forbidden to set up bidding registrations.
The tenderer can independently determine the winning bidderEffectively protect the tenderer inAutonomy in determining the winning bidder, signing the contract, etc.
It shall not be set by any unitThere is no pre-approval or review link such as the review of bidding documents based on laws and administrative regulations.
No unit or individual shall notIn any way, the tenderer shall designate a bidding agency, and shall not illegally limit the way the tenderer chooses the bidding agency.
For projects that implement electronic bidding and bidding, the bidding documents shall be cancelled for the record or handled online.
It is strictly forbidden to set up bidding registrationIt is strictly forbidden to set up bidding registrationand other pre-links that have no basis in laws and regulations.
It is not allowed to set unreasonable conditionsExclude or restrict potential bidders.
The scope of bidding, bidding methods, and bidding organization forms determined by the project examination and approval department shall not be used by lottery, lottery, etc., and shall not be changed at will without approval.
The statutory bidding procedure shall not be changed at will;
Lots, lotteries, and lots are not allowedand other illegal ways to directly select bidders, winning candidates or winning bidders.
Except for special circumstances such as the trading platform does not have the conditions for the time beingProjects must be tendered in accordance with the lawThe whole process of electronic transactions should be implemented.
Focus on abnormally low bidsStrengthen the review of bid evaluation reports, the tenderer foundThe score is abnormally high and low, and the bid is abnormally lowand other circumstances, review and correction in accordance with legal procedures.
Increase the disclosure of bid evaluation, and actively promote the disclosure of scoring to the public, and the reasons for the rejection of bidding documents to bidders.
If there are less than three valid bids, they shall be fully demonstratedDiscover the tender documentsIf the meaning is not clear, the expression of the same kind of problem is inconsistent, there are obvious text and calculation errors, and the bidding may be lower than the cost to affect the performance, the bidder shall be asked to make necessary clarifications and explanationsBids may not be directly rejected
There are less than three valid bids, should be a full demonstration of whether the bidding is obviously lacking in competition and whether it is necessary to reject all bids, and record the process and results of the demonstration in the bid evaluation report.
Crack down on "bidding kings", "professional bidders" and "group" biddingKeep an eye on itThe bid winning rate is abnormally low and the bid is not tendered for the purpose of winning the bid"Professional Bidder".
Focus onThere is an association between bidders, cross-tenure between senior managers of different bidders, mixed personnel or kinship, and regular "group" biddingSigns of high risk of bid-rigging and collusion
Crack downManipulating bids or lending qualifications leads to an abnormally high bid winning rate"Biao King".and the criminal gangs behind it.
Article**: Provincial and municipal housing and construction departments, the state
Finishing: Duchuan Management Research Department.
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