Zhejiang Province issued a new bidding regulations! Implemented today! -Workers Insurance Network
In order to further promote the bidding system and mechanism innovation in Zhejiang Province, to promote the construction of engineering construction projects bidding unified market construction, the People's Government of Zhejiang Province has recently issued the "on further strengthening the field of bidding for construction projects according to law and governance of the opinions", April 10, 2021 shall come into force.
"Opinions" are as follows:
One, further strict bidding procedures
This opinion applies to the province must be bidding for construction projects. Bidding scope, mode and organization should be applied for by the bidder in the project approval or approval, and project approval or approval of documents and clear, shall not be changed arbitrarily, the need to change the original project approval or approval of the department for approval.
The use of public bidding, in the pre-qualification documents, bidding documents sent to the relevant administrative supervision department for the record, the bidder shall be in the trading platform or the provincial public **** resources trading services platform to the public for not less than 3 days.
The deadline for issuing pre-qualification documents and bidding documents, the deadline for submitting pre-qualification applications, the deadline for bidding, the deadline for relevant public notices (announcements), the deadline for the validity period of the complaints shall be postponed to the 1st working day after the statutory vacations in case of national statutory vacations.
Two, to further optimize the bidding business environment
National and provincial approval, approval, filing of the provincial key construction projects should be entered into the provincial public **** Resources Trading Center trading platform transactions, the Provincial Development and Reform Commission is responsible for the implementation of its bidding and tendering activities to supervise the work of the provincial bidding and tendering management center; the other projects in principle, into the municipalities of the trading platform transactions, the municipalities, County (city, district) government administrative supervision departments in accordance with their respective division of responsibilities, the supervision of its bidding activities. The municipalities can explore the relative centralization of supervision and enforcement in the field of bidding and tendering in accordance with the actual situation.
Improve the province's bidding and bidding normative documents catalog management mechanism, the province's bidding and bidding normative documents catalog developed by the Provincial Development and Reform Commission with the Provincial Department of Justice, announced to the community and real-time dynamic updates. The Provincial Development and Reform Commission, in conjunction with the relevant departments, should establish a unified social credit code based on the market entity library, to realize the market entity information registered in one place, the province **** enjoy. The management of project bidding activities shall be based on the unified investment project code. Each trading platform shall strictly implement the data specification requirements of the provincial public *** resources trading service platform, and fully apply the transaction identification code, investment project code and social credit code. In addition to the special requirements of the national or provincial government, and the number of eligible experts in the library does not meet the requirements of the extraction rules, the bid evaluation experts of the engineering and construction projects that must be tendered by law throughout the province shall be randomly selected from the provincial comprehensive bid evaluation expert database.
The establishment of the province's unified pre-qualification documents, bidding documents model text system. Pre-qualification documents, bidding documents model text by the Provincial Development and Reform Commission, respectively, in conjunction with the Provincial Department of Economics and Information Technology, the Provincial Department of Construction, the Provincial Department of Transportation, the Provincial Department of Water Resources and other competent industry departments *** with the development. Bidders shall use the province's unified model text to prepare pre-qualification documents and bidding documents. Localities and departments shall not prepare and issue their own pre-qualification documents, bidding documents model text and require bidders to use.
Technology is particularly complex or design has special requirements for the construction of state-owned investment projects, identified by the competent authorities of the relevant industries and obtain the consent of the relevant administrative supervision department, may implement the bidding qualification pre-qualification; other shall implement the bidding qualification post-trial. Localities and departments shall not set unreasonable conditions such as filing, registration, enrollment, payment of relevant fees, establishment of offices (branches), specific qualifications (eligibility), specific administrative regions or specific industry awards, etc., or convert the above unreasonable conditions into credit evaluation indexes to restrict or exclude potential bidders or tenders; and shall not use bidding registration, assessment results, etc., as a means to view or download the prequalification documents, bidding documents and their supplementary documents as a precondition for viewing or downloading the pre-qualification documents, bidding documents and their supplementary documents.
In addition to the state-designated release media, the provincial public ****resource trading service platform is the province's unified release media for bidding and tendering information on engineering and construction projects. Bidders shall ensure that the information released in different media is consistent. Localities and departments shall, in accordance with the principles of who approves who discloses, who implements who discloses, and who produces who discloses, as well as the province's unified disclosure content, disclosure format, and data standards, push information on bidding and tendering activities of engineering and construction projects to the provincial public ****resource trading service platform for public disclosure, except for those involving state secrets, commercial secrets, and personal privacy.
Three, to further deepen the bidding standardization and innovation
The implementation of the main responsibility of the bidder, the bidder is responsible for the bidding process and results. Steadily promote the bidding "evaluation separation" reform, encourage the survey, design, the whole process of engineering consulting bidding "evaluation separation"; explore construction, general contracting "evaluation separation" reform; support the conditions for the construction of the general contracting area "evaluation separation" reform. It also encourages the use of "separation of evaluation" in the tendering of survey, design and whole-process engineering consultancy; explores "separation of evaluation" in the field of construction and general engineering contracting; and supports the development of a comprehensive regional pilot project of "separation of evaluation" in areas with the conditions. In the bidding and tendering activities to support the application of the first set of products and energy-saving, water-saving, land-saving, material-saving, environmental protection technology, and further stimulate the vitality of small and medium-sized enterprises and development momentum.
Tenders should be based on the actual situation of the project reasonable selection of bid evaluation methods. Shall not use the lottery, shaking, rate bidding and other ways to directly select potential bidders, winning candidates or winning bidders. For technically complex and need to score the technical bid evaluation of the construction bid, the bidder shall choose to use the technical bid scoring evaluation of the comprehensive assessment method, the specific criteria in the province's unified model bidding documents specified in the model text.
The bidder shall strictly implement the provisions of qualification management and set the qualification conditions of the bidders in accordance with the minimum requirements needed to complete the project. Construction general contracting bidding project bidding qualification conditions shall not be set up within the scope of the general contracting qualifications of professional qualification requirements. If there are multiple bidding qualification requirements for the same bidding project, the joint bidders shall not be excluded. If the bidder requires the bidder to have similar performance, the bidder shall set a reasonable number of performance and requirements, and the performance conditions set shall not exceed the requirements of the relevant indexes of the bidding section. Government investment projects that must be bid in accordance with the law, in addition to laws and regulations provide otherwise, in principle, should be in the preliminary design approval after the completion of the general contracting project contracting.
The bidder shall centrally set forth in the bidding documents veto bidding provisions. If the bidder adds, deletes or modifies the bid rejecting clauses through the supplementary documents, the bidder shall centrally set out the complete bid rejecting clauses after adjustment in the supplementary documents. Bidders shall set out in the bidding documents whether they respond to the substantive provisions of the bidding documents and mark them in order. The bid evaluation committee shall carry out bid evaluation activities in accordance with the law and regulations, and carefully check whether the bidding documents respond to the substantive requirements of the bidding documents. When evaluating the bids, the bid evaluation committee shall first notify the bidders for written clarification of all kinds of doubts in the bidding documents such as unclear meanings, obvious textual errors or calculation errors, etc. The bid evaluation committee shall notify the bidders for written clarification first. Proposed to reject their bids, should first be asked to the bidder to check in writing.
Where the bid evaluation method stipulates the base price or the best offer, it shall be calculated and determined by the bid evaluation committee on the basis of the method stipulated in the bidding documents, and shall remain unchanged throughout the whole bidding process, except for calculation errors. The bidder's proposed general contractor project manager and construction project manager shall not be the general contractor project manager or construction project manager in any other contract works under construction on the closing date of bidding. The start time of the contract works under construction is the date when the notice of award for the contract works is issued (in case of not through bidding method, the start time is the date when the contract is signed), and the end time is the date when the contract works under such contract passes the acceptance or the contract is canceled.
Four, to further crack down on bidding and tendering violations
The relevant administrative supervision departments shall strengthen the work linkage with the public *** resource transaction supervision and management agencies, industry authorities, public security departments, etc., to crack down on bidding and tendering violations. The bidder shall strictly implement the bidding laws and regulations and rules and regulations, and carry out bidding activities in accordance with the law. Bidders and relevant responsible persons shall promptly reflect to the relevant administrative supervisory authorities and competent industry departments the illegal behaviors of market players in the bidding and tendering process that they have discovered. Any unit or individual has the right to report to the relevant administrative supervision department for any illegal behavior in the project which must be tendered according to law. Reporting should be put forward specific facts of the violation of the law, can be verified clues or the necessary supporting materials. Report processing period, the bidder can continue to bidding activities.
Tenders should be in the bidding documents agreed in advance of the civil liability arising from violations. The bidder obtains the winning qualification through fraud, collusion, bribery, etc., the winning bid shall be invalid; the bidder shall complete the subsequent bidding work in accordance with the laws and regulations on bidding and tendering and the bidding documents. If a contract has been signed, the contract shall be invalid; the bidder shall deal with it in accordance with relevant laws and regulations and bidding documents. If the bidder has withdrawn the bidding documents and gives up the winning bid without justifiable reasons, does not sign a written contract with the bidder, etc., or if the bidder has been found by the administrative department to be in violation of laws and regulations and the bidder has re-tendered the bidding, the bidder may refuse to allow the bidder to bid for the project again, but it shall be clarified in advance in the bidding documents.
Constructing a credit evaluation mechanism for bid evaluation experts, strengthening the training and assessment of bid evaluation experts and dynamic management, using electronic means to strengthen the supervision of bid evaluation, standardize the behavior of experts and improve the quality of bid evaluation. Increase the bid evaluation experts illegal punishment, the relevant administrative supervision departments of the bid evaluation experts bidding violations given administrative penalties according to law, the results of the administrative penalties should be promptly copied to the Provincial Development and Reform Commission.
In the process of electronic bidding and tendering, the same project, different bidders of electronic bidding documents of the document production machine code or document creation identification code is the same, combined with the relevant facts and evidence, found to belong to the "Chinese people's *** and the implementation regulations of the state bidding and tendering law," the provisions of the first paragraph of article 40, "different bidders bidding documents prepared by the same unit or person "; where different bidders download bidding documents from the IP address of the same bidding unit or the same natural person, upload bidding documents, purchase electronic guarantees, or participate in bidding activities for the incumbents of other bidders in the same bidding section, it is determined to fall within the provisions of Article 40(2) of the Regulations on the Implementation of the Law of the PRC on Bidding and Tendering in conjunction with the relevant factual evidence that In the case of "different bidders entrusting the same unit or individual to handle bidding matters"; where different bidders purchase the electronic guarantee through the same unit or individual account, it is determined, in light of the relevant factual evidence, that it falls within the provisions of Article 40(6) of the Regulations on the Implementation of the Law on Bidding and Tendering of the People's Republic of China*** and the State "The bid security deposits of different bidders are transferred from the accounts of the same unit or individual". The above circumstances shall be penalized as collusive bidding.
Fifth, to further promote the bidding and tendering information construction
Further play the provincial public **** resources trading service platform in the province's public **** resources in electronic trading hub, for the transaction information pooling, resource **** enjoyment and business synergies to provide services. Vigorously promote the engineering bank guarantee, guarantee insurance to replace the cash deposit, accelerate the construction of the engineering guarantee information platform, promote the electronic security deposit, and explore the credit and security deposit linkage mechanism.
Accelerating the realization of the whole process of electronic bidding document announcement, bidding announcement release, bidding document download, supplemental document release, bidding deposit submission, bidding document submission, bid opening and evaluation, bidding candidate announcement, bidder announcement, contract signing, and document filing, improving the electronic bidding evaluation system, and promoting the remote and off-site bidding evaluation. Strengthen the electronic supervision of bidding and tendering activities, actively implement the "Internet + supervision", make full use of electronic transaction information big data, build intelligent supervision scenarios, and improve the intelligent and refined level of transaction supervision.
Explore the unification of bidding and tendering transaction data standards in the Yangtze River Delta region, and promote transaction information***sharing and mutual recognition of transaction results. Promote the resources***sharing of bid evaluation experts and venue facilities within the Yangtze River Delta Eco-Green Integrated Development Demonstration Zone.
Six, further promote the bidding credit management
Deepen the province's engineering construction project bidding integrity system construction, promote the industry credit evaluation and public **** credit comprehensive evaluation integration, relying on the "Credit China" "Credit Zhejiang" platform and industry credit platform. Relying on the "Credit China" "Credit Zhejiang" platform and the industry credit platform, the relevant administrative supervision departments actively carry out credit supervision of bidding and tendering, comprehensively record the credit information of market entities and bid evaluation experts in bidding and tendering activities, strengthen the collection of credit information **** enjoyment, and construct a cross-region, cross-departmental, and cross-field joint disciplinary mechanism for breach of trust. The relevant administrative supervisory departments shall, in accordance with the principle of public disclosure, disclose to the public the integrity status of market entities in bidding and tendering in accordance with the law. Encourage industry associations to formulate industry self-regulation rules, strengthen the bidding market subject credit consciousness, and promote the industry trustworthy self-discipline.
Strengthening the linkage between the bidding market and the construction site, reinforcing the application of corporate credit and contract performance evaluation information in bidding and tendering activities, promoting the closed-loop supervision of the whole process of project construction, and standardizing the industry management, corporate management and site management. The competent authorities of the industry, together with the relevant administrative supervision departments, will strengthen the supervision and evaluation of contract performance, and incorporate the evaluation of contract performance into the industry's credit management in accordance with the law. Except for those involving state secrets, commercial secrets and personal privacy, the bidder shall publicize the contract formation information on the project trading platform within 15 days after the contract is signed, including the project name, the names of both parties to the contract, the contract price, the signing time, the contract duration, the contract fulfillment and the change of information and other elements. Each trading platform should be synchronized to push the relevant content to the provincial public **** resources trading services platform.
VII, further serious bidding work discipline
The relevant administrative supervision departments to conscientiously fulfill the supervision and law enforcement duties, supervision and law enforcement process involves the jurisdiction of other departments, should be transferred to the relevant departments in a timely manner to deal with or jointly deal with. The bidder violates the provisions on bidding document filing, objection handling, complaint and report handling resulting in adverse consequences, the bidder and the relevant personnel shall be held accountable in accordance with the law. If the relevant administrative supervisory department violates the laws and regulations, establishes without authorization, establishes approval conditions or other unreasonable conditions not based on laws and regulations, restricts or excludes potential bidders outside the region and system from participating in the bidding, or appoints bidding agents for the bidders, or compels the bidders to entrust bidding agents to handle bidding matters, or interferes with bidding and tendering activities in any other way, the relevant administrative supervisory department shall be held accountable in accordance with the law and regulations. The administrative responsibility of the relevant administrative supervisory departments and their staff; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
This opinion shall be implemented from April 10, 2021 onwards. The opinions of the People's Government of Zhejiang Province on further strictly regulating the bidding and tendering activities of engineering and construction projects (浙政发[2014]39号) shall be repealed at the same time.