Recently, the people’s Government of Zhejiang Province issued the opinions on Further Strengthening the legal governance in the field of engineering construction project bidding, which will be implemented from April 10, 2021
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“Opinions” clearly prohibit drawing lots, lottery to determine the winning bidder and many other highlights, the end of the article attached policy interpretation! There are 39 articles in the opinions, which are divided into seven parts: strict bidding procedures, optimizing the business environment of bidding market, deepening the innovation of bidding norms, cracking down on illegal acts of bidding, promoting the information construction of bidding, promoting the credit management of bidding, and tightening the discipline of bidding
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1
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Strict bidding procedures
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It mainly defines the scope of application and strict bidding procedures, publicity system before filing, deadline provisions, etc., a total of three
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2
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Optimize the business environment of the bidding market
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It mainly defines seven items, including the level of transaction supervision and system reform, unified market subject database construction and project code management, unified document directory management, unified bidding document demonstration text system, unified bid evaluation expert database, restrictions and barriers, bidding information disclosure, etc
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3
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Deepen the innovation of bidding norms
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It mainly defines the main responsibility of the bidder, promotes the reform of evaluation separation, the bidding stage of EPC, the selection of Prequalification conditions and bid evaluation methods, the setting of qualification performance conditions, the setting of veto clauses and substantive response, the adjustment of bid evaluation benchmark price, the reform of deposit, the agreement of construction in progress, the requirements of clarification and inquiry, etc
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4
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Cracking down on illegal bidding activities
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It mainly defines the illegal bidding situation, the relevant provisions on reporting, the agreement on civil liability, increasing the illegal cost, strengthening the management of bid evaluation experts, supplementing the situation of collusive bidding, and building a multi-party supervision system, etc
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5
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Promote the information construction of bidding
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It mainly clarifies the status of provincial public service platform, the requirements of whole process electronization, the regional cooperation of Yangtze River Delta, and the intelligent supervision, with a total of four items
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6
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Promote the bidding credit management
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There are three items in total, including promoting credit supervision, strengthening the linkage of “two games” and making credit information public
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7
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Strict bidding discipline
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It mainly defines the responsibilities of the bid inviting party, administrative supervision department, supporting innovation and green development, and implementation time
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The original text is as follows: Zhejiang Provincial People’s government’s opinions on Further Strengthening the legal governance in the field of bidding for engineering construction projects; municipal, county (city, district) people’s governments and units directly under the provincial government: in order to continuously deepen the reform of “deregulation, management and service”, further optimize the business environment of bidding, speed up the construction of an overall intelligent bidding supervision system, and build a unified and open project According to the law of the people’s Republic of China on Tendering and bidding, the regulations on the implementation of the law of the people’s Republic of China on Tendering and bidding, the regulations of Zhejiang Province on Tendering and bidding, and the measures for electronic tendering and bidding, the following opinions are put forward
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1、 This opinion is applicable to the construction projects that must be invited for bidding in accordance with the law throughout the province
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The scope, method and organization form of the bidding shall be applied by the bid inviting party at the same time when the project is approved or approved, and shall be specified in the project approval or approval documents
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It shall not be changed at will
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If it is necessary to change, it shall be reported to the original project approval or approval department for approval
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If public bidding is adopted, before the prequalification documents and bidding documents are sent to the relevant administrative supervision department for record, the bid inviting party shall publicize them to the public on the trading platform or provincial public resources trading service platform for at least 3 days
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The deadline for the issuance of Prequalification documents and bidding documents, the deadline for submission of Prequalification application documents, the deadline for bidding, the deadline for relevant publicity (announcement) and the deadline for the valid period of complaints shall be extended to the first working day after the legal holiday in case of national legal holiday
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2、 To further optimize the business environment of bidding, the provincial key construction projects approved, approved and filed by the state and the province should be traded on the trading platform of the provincial public resources trading center
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The provincial development and Reform Commission is responsible for the supervision of its bidding activities, and the specific work is undertaken by the Provincial bidding management center
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In principle, other projects should be traded on the trading platform of cities and counties（ The relevant administrative supervision departments of the municipal (District) government shall supervise their bidding activities according to their respective responsibilities
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Each city divided into districts can explore the relative concentration of supervision and law enforcement power in the field of bidding in combination with the actual situation
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Improve the management mechanism of the province’s bidding normative document catalog
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The province’s bidding normative document catalog is formulated by the provincial development and Reform Commission in conjunction with the Provincial Department of justice, released to the public and updated dynamically in real time
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The provincial development and Reform Commission should, together with relevant departments, establish a market subject database based on the unified social credit code, so as to realize the registration of market subject information in one place and the sharing of market subject information in the whole province
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The management of project bidding activities should be based on the unified investment project code
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All trading platforms should strictly implement the data specification requirements of provincial public resources trading service platform, and comprehensively apply the trading identification code, investment project code and social credit code
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In addition to the special requirements of the national or provincial government, and the number of qualified experts in the database does not meet the requirements of the extraction rules, the bid evaluation experts of engineering construction projects that must be invited according to law in the whole province shall be randomly selected from the provincial comprehensive bid evaluation expert database
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Establish a unified prequalification document and bidding document demonstration text system throughout the province
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The prequalification document and the model text of the bidding document shall be jointly formulated by the provincial development and Reform Commission, the Provincial Department of economy and information technology, the Provincial Department of construction, the Provincial Department of transportation, the Provincial Department of water resources and other competent departments
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The bidder shall use the unified model text of the whole province to prepare prequalification documents and bidding documents
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All localities and departments are not allowed to prepare and issue prequalification documents and model texts of bidding documents on their own and require the bidders to use them
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For the construction bid section of state-owned investment project with special complex technology or special design requirements, the prequalification of bidding can be carried out after being recognized by the competent department of the relevant industry and approved by the relevant administrative supervision department; for others, the post qualification of bidding shall be carried out
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All localities and departments are not allowed to 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 convert the above unreasonable conditions into credit evaluation indicators to restrict or exclude potential bidders or bidders; they are not allowed to take bidding registration and assessment results as reference View or
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