With regard to the publicity of bid winning candidates, the exposure draft specifies that “further strengthen the publicity of bid evaluation.
Increase the application of credit evaluation results in bidding evaluation, and further improve the trustworthy incentive and dishonest punishment mechanism of bidding.
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Jianzhongtong media ID: jianzhong001on September 30, the official website of the national development and Reform Commission issued two notices: 1.
The announcement of the national development and Reform Commission on soliciting opinions from the public on Several Opinions on strictly implementing bidding laws and regulations and further standardizing the behavior of bidding subjects (Exposure Draft); 2.
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Guarantee the tenderee’s autonomy in determining the bid winner according to law.
Strengthen the crackdown on illegal acts.
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Potential bidders shall not be excluded, discriminated or restricted by setting unreasonable conditions.
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The time for public solicitation of opinions is from September 30 to October 30, 2021.
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Implement “zero tolerance” for illegal acts of bidding and tendering.
For bid evaluation experts, administrative interview shall not replace administrative punishment, and only the punishment of prohibiting bid evaluation in a certain area shall not be given.
It is not allowed to evade the bidding in any form such as dismembering the contract, breaking up the whole into parts, inviting small projects to send large ones, or fabricating secret related projects, emergency projects, using patented technology, etc.
Focus on cracking down on the “bid king” who is suspected of manipulating bids or lending qualifications, resulting in an abnormally high bid winning rate.
No unit or individual may appoint a bidding agency for the tenderee in any way.
In principle, the scores of experts, the bid comparison advantages of bid winning candidates and the failure of other bidders to win the bid shall be made public to the public”.
Focus on cracking down on the “headers” that initiate or organize series connection and manipulation of bid evaluation experts for bid encirclement and collusion.
Bidders found to have violations must be dealt with in place in accordance with relevant laws and policies, and shall not only be disqualified from bidding in a certain area.
This provision is not only a further explanation and refinement of the “publicity of bid evaluation” in Article 6 of the measures for the administration of bidding announcement and publicity information release (Order No.
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People from all walks of life are welcome to put forward their comments through Internet, fax and other means.
The time for public comments is from September 30 to October 30, 2021.
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For a long time, the bid evaluation committee has not conducted bid evaluation in accordance with the bid evaluation methods and standards specified in the bidding documents; Some experts have arbitrary scores, capricious scores or obvious tendency scores such as “human score” and “relationship score”; There are even inconsistencies in the scores of objective indicators or significant differences in the scores of subjective indicators.
It is not allowed to engage in false bidding of “explicit bidding and implicit bidding” and “construction before bidding” for the reasons of strategic cooperation and investment attraction.
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Relying on the electronic bidding system and using big data and other technical means, focus on the “bid accompanying professionals” who have an abnormally low bid winning rate, do not bid for the purpose of winning the bid, and are suspected of bid encirclement and collusion.
10 of the national development and Reform Commission in 2017), but also an inevitable requirement for strengthening supervision.
Except that the list of members of the bid evaluation committee should be kept confidential, the scores of each minor item of the bid winning candidate should be made public, and the parts involving bonus items should be publicized simultaneously Sunshine is the best police, and the new regulations on the publicity of bid winning candidates of the national development and Reform Commission will further promote the new development of the reform of public resource trading and create a new situation of openness, fairness and justice In order to thoroughly implement the decision and deployment of the Fifth Plenary Session of the 19th CPC Central Committee on adhering to equal access, fair supervision, openness, order, integrity and law-abiding, forming an efficient, standardized and fair domestic unified market, and effectively maintain the order of fair competition, we have studied and drafted in consultation with the relevant departments of the State Council and local governments Several opinions on strictly implementing bidding laws and regulations and further standardizing the behavior of bidding subjects (Draft for comments) are hereby announced to solicit comments from the public.
Please log in to the portal website of the national development and Reform Commission （ http://www.ndrc.gov.cn ）In the “comments” column on the home page, enter the “public comments on Several Opinions on strictly implementing bidding laws and regulations and further standardizing the behavior of bidding subjects” column to put forward comments and suggestions.
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Document requirements: implement the bidding autonomy.
People from all walks of life are welcome to put forward their opinions through Internet, fax, etc.
If the tenderee voluntarily publicizes the scores from the perspective of improving the transparency of bidding activities and accepting social supervision, it may publish the relevant contents in the publicity of bid winning candidates, but the list of members of the bid evaluation committee shall be kept confidential.” although Draft for comments Compared with the reply to the consultation, the publicity of the scores can be changed from the original to should, but it is of little significance if only the total scores are publicized instead of each subdivision.
Making the scores of experts public is conducive to further strengthening the supervision and management of bid evaluation experts and reducing the phenomenon of bid evaluation experts not performing their duties according to law.
Thank you for your participation and support! Attachment: Several opinions on strictly implementing bidding laws and regulations and further standardizing the behavior of bidding subjects (Exposure Draft) on September 30, 2021, 2 the national development and Reform Commission asked the society for some opinions on further standardizing the service behavior of public resource trading platform (Exposure Draft) In order to further standardize the service behavior of the public resource trading platform, strengthen the public service function positioning of the public resource trading platform, and better protect the legitimate rights and interests of all parties to the transaction, the announcement of opinions is in accordance with the regulations on optimizing the business environment and the notice of the general Office of the State Council Transmitting the guiding opinions of the national development and Reform Commission on deepening the integration and sharing of public resource trading platforms (GBH [2019] No.
41) in accordance with relevant regulations, we have studied and drafted several opinions on further regulating the service behavior of public resource trading platform (Exposure Draft) in consultation with relevant departments of the State Council and local governments , we hereby make an announcement to solicit opinions from the public.
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Strictly implement the compulsory bidding system.
Administrative interview shall not replace administrative punishment, and administrative punishment shall not replace criminal punishment.
Focus on cracking down on “bid king” and “header”.
The tenderee has the right to choose a bidding agency by itself.
Announcement of the national development and Reform Commission on soliciting opinions from the society on Several Opinions on further regulating the service behavior of public resource trading platforms (Draft for comments).
In a sense, it is also a major measure for the supervision and management of bidding.
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It should be noted that there are still loopholes in the actual implementation process after the introduction of the document, because the score can be the total score or the score of each small item.
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please log in to the portal website of the national development and Reform Commission（ http://www.ndrc.gov.cn ）Home page “comment” column, enter“ Several opinions on further standardizing the service behavior of public resource trading platform, and put forward opinions and suggestions in the column of “soliciting opinions”..
Since the reform has been decided, it should be carried out to the end.
The Regulations Department of the national development and Reform Commission clearly pointed out in the consultation reply published on the official website on May 27, 2021 “There are no unified regulations at the national level on whether to publicize the scores of each sub item scored by the bid evaluation committee, and the current practices vary from place to place.
It is strictly prohibited to change the bidding procedures at will, and it is prohibited to directly determine the potential bidders, bid winning candidates or bid winners by drawing lots, lottery, etc.
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Please send an e-mail to chndbdating@ndrc.gov.cn , please fax to (010) 68502514.
