The bidding and bidding market is an important part of the national unified market and high-standard market system, which plays an important role in improving the efficiency and effectiveness of resource allocation and continuously optimizing the business environment. A few days ago, the General Office of the State Council issued the "Opinions on Innovating and Improving the System and Mechanism to Promote the Standardized and Healthy Development of the Bidding and Bidding Market" (hereinafter referred to as the "Opinions") to innovate and improve the system and mechanism and promote the standardized and healthy development of the bidding and bidding market.
The "Opinions" adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the better combination of an effective market and a promising government, focus on giving full play to the role of bidding and bidding competition, reform and innovate the design of the bidding and bidding system, promote digital transformation and upgrading in depth, accelerate the realization of the whole process and full chain supervision, adhere to the national game of chess, resolutely break down the segmentation and industry barriers, and promote the formation of an efficient, standardized, fair competition, and fully open bidding and bidding market. Promote the smooth flow of commodity factor resources in a wider range, and provide strong support for the construction of a high-standard market system and a high-level socialist market economic system.
The "Opinions" clarify four principles. The first is to adhere to the problem-oriented, both the symptoms and the root causes, and gradually form a long-term mechanism to promote the standardized and healthy development of the bidding and bidding market. The second is to adhere to the system concept, coordination and linkage, and effectively unite the joint force of the bidding and bidding market construction. The third is to adhere to classified policies and precise efforts to improve the accuracy and effectiveness of the governance of the bidding and bidding market. Fourth, adhere to innovation and guidance, empower and increase efficiency, strengthen the innovation of bidding and bidding system rules, operation mode, trading mechanism, and regulatory system, and promote the transformation and upgrading of the bidding and bidding market.
The "Opinions" put forward seven policy measures. The first is to improve the bidding and bidding system. Optimize the design of systems and rules, and strengthen the coordination and convergence of laws and policies. The second is to implement the main responsibility of the tenderer. Strengthen the main position of the tenderer, improve the service mechanism of the bidding agency, and promote the innovation of the bidding and procurement mechanism. The third is to improve the evaluation and calibration mechanism. Improve the bid evaluation method and evaluation mechanism, optimize the procedure for determining the winning bidder, and strengthen the full-cycle management of bid evaluation experts. Fourth, promote digital and intelligent transformation and upgrading. Accelerate the promotion of the application of digital intelligence technology, and optimize the electronic bidding and bidding platform system. Fifth, strengthen coordinated and efficient supervision and management. Consolidate the responsibilities of administrative supervision departments, strengthen multi-level and three-dimensional supervision, and accelerate the promotion of smart supervision. Sixth, create a standardized and orderly market environment. We will severely crack down on illegal activities in bidding and bidding, and continue to clean up regulations and practices that hinder the construction of a unified national market and fair competition. Seventh, improve the efficiency of bidding and bidding policies. Improve the incentive mechanism to support innovation, optimize the promotion and application mechanism of green bidding and procurement, and improve the policy system to support the participation of small and medium-sized enterprises.
The "Opinions" require all regions and relevant departments to strengthen organizational leadership, improve the work promotion mechanism, and solidly promote the implementation of various tasks; encourage local and grassroots active exploration and bold innovation; Strengthen publicity, interpretation, and public opinion supervision, and create a social environment conducive to the standardized and healthy development of the bidding and bidding market.
The original text is as follows
Opinions of the General Office of the State Council on Innovating and Improving Systems and Mechanisms to Promote the Standardized and Healthy Development of the Bidding and Bidding Market
Guo Ban Fa [2024] No. 21
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, and all ministries and commissions of the State Council, and all agencies directly under the State Council:
The bidding and bidding market is an important part of the national unified market and high-standard market system, which plays an important role in improving the efficiency and effectiveness of resource allocation and continuously optimizing the business environment. In order to innovate and improve the system and mechanism, and promote the standardized and healthy development of the bidding and bidding market, with the consent of the State Council, the following opinions are hereby put forward.
1. General requirements
To innovate and improve the system and mechanism, and promote the standardized and healthy development of the bidding and bidding market, we must adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, completely, accurately and comprehensively implement the new development concept, accelerate the construction of a new development pattern, focus on promoting high-quality development, adhere to the better combination of an effective market and a promising government, focus on giving full play to the role of bidding and bidding competition, reform and innovate the design of the bidding and bidding system, promote digital transformation and upgrading in depth, and accelerate the realization of the whole process and full chain supervision. Adhere to the national game of chess, resolutely break down the segmentation and industry barriers, promote the formation of an efficient, standardized, fair competition, fully open bidding and bidding market, promote the smooth flow of commodity elements and resources in a wider range, and provide strong support for the construction of a high-standard market system and a high-level socialist market economy system.
——Adhere to the problem-oriented approach and treat both the symptoms and the root causes. In the face of the outstanding contradictions and deep-seated problems in the field of bidding and bidding, we should take targeted measures to rectify the stubborn diseases such as the lag of system rules, the non-implementation of the main responsibility, the difficulty of breaking down transaction barriers, and the non-standardization of market order, and gradually form a long-term mechanism to promote the standardized and healthy development of the bidding and bidding market.
——Adhere to the system concept and coordination and linkage. Strengthen forward-looking thinking, overall planning, strategic layout, and overall advancement, deepen the integration of systems, technologies, and data, improve the level of cross-regional and cross-industry collaboration, better mobilize the enthusiasm of all parties, promote the formation of a pattern of co-construction, co-governance and sharing, and effectively unite the joint force of the bidding and bidding market construction.
——Adhere to classified policies and make precise efforts. In accordance with the idea of combining unification and classification, grading and classification, improve the bidding and bidding system, rules and standards, coordinate short-term, medium- and long-term policy measures, and improve the accuracy and effectiveness of the governance of the bidding and bidding market.
——Adhere to innovation and leadership, empowerment and efficiency. We will continue to strengthen the innovation of bidding and bidding system rules, operation models, trading mechanisms and regulatory systems, improve transaction efficiency, reduce transaction costs, standardize market order, and promote the transformation and upgrading of the bidding and bidding market.
Second, improve the bidding and bidding system
(1) Optimize the design of systems and rules. Accelerate the revision of the Tendering and Bidding Law, the Government Procurement Law and relevant implementation regulations, and strive to break down the institutional obstacles that restrict the construction of a high-standard market system. Accelerate the improvement of the basic rules and implementation rules for bidding and bidding transactions with unified classification, optimize the procedures for bidding and bidding transactions, and promote the independent and orderly flow of elements. Explore the compilation of a fair competition index for the bidding and bidding market. Accelerate the construction of a scientific and standardized bidding and bidding transaction standard system, and formulate digital bidding and procurement technical standards according to different fields and specialties to meet the needs of professional transactions of various projects. Establish a uniform hierarchical and categorical credit evaluation index system in the field of tendering and tendering, and standardize the application of credit appraisal in tendering and bidding.
(2) Strengthen the coordination and convergence of laws and policies. Implement the rules for the review of fair competition in the field of bidding and bidding, improve mechanisms for complaints, handling, and responses to barriers to bidding and bidding transactions, and promptly clean up regulations and practices that violate fair competition. Governments at all levels and their departments shall strictly implement the requirements of public solicitation of opinions, legality review, fair competition review, etc., and shall not interfere with the autonomy of tenderers and bidders, and shall prohibit the illegal setting of restrictions in regions, industries, and forms of ownership.
Third, the implementation of the main responsibility of the tenderer
(3) Strengthen the main position of the tenderer. Respect and protect the legal rights of the tenderer, and no unit or individual shall interfere with the tenderer's autonomy in selecting the bidding agency, preparing the bidding documents, and appointing representatives to participate in the bid evaluation. Classification and revision of survey, design, supervision, construction, general contracting and other bidding documents model text. Strengthen the management of bidding demand and the planning of bidding plans, standardize the release of bidding plans, and encourage the publicity of bidding documents in advance. Increase the intensity of disclosure of bidding announcements, winning contracts, and performance information, and the bidding announcements shall indicate the administrative supervision departments for bidding and bidding. Implement the responsibilities of the tenderer in organizing bidding, handling objections, and supervising performance. The organization of bidding and participation in bidding by state-owned enterprises should be included in the system of accountability for operation and investment, and strictly managed.
(D) improve the service mechanism of the bidding agency. Formulate bidding agency service standards and code of conduct, strengthen the self-discipline of the bidding agency industry, and improve the mechanism for the tenderer to restrain the bidding agency activities according to the entrusted contract management. Accelerate the evaluation of the ability of bidding and procurement professionals, study and improve the training mechanism for bidding and procurement-related talents, and improve the level of professional services for bidding and procurement. Governance of arbitrary fees in the field of bidding agents, cracking down on price increases and other price violations. The bidding agency and its directly responsible personnel who have seriously violated the law shall be dealt with in accordance with the law and banned from entering the industry.
(5) Promote the innovation of bidding and procurement mechanisms. Fully align with international high-standard economic and trade rules, and optimize domestic bidding and procurement methods. Support enterprises to organize and implement bidding and procurement in a centralized manner, and explore the formation of a bidding and procurement management mechanism that meets the needs of enterprise production and operation and supply chain management. Strengthen the connection between bidding and non-bidding procurement, and support the flexible contracting of projects in the fields of scientific and technological innovation, emergency rescue, cash-for-work, village construction, afforestation and grass planting.
Fourth, improve the evaluation and calibration mechanism
(6) Improve bid evaluation methods and evaluation mechanisms. Standardize the scope of application of the evaluated minimum bid price method, which is generally applicable to bidding projects with general technology and performance standards or the tenderer has no special requirements for technology and performance. Highlight technical factors in the bid evaluation of survey and design projects, and increase the weight accordingly. Improve the procedures for the bid evaluation committee to screen and deal with abnormally low prices, and veto low-price bids that seriously affect the performance of the contract in accordance with the law. Reasonably determine the bid evaluation time and the number of members of the bid evaluation committee. Comprehensively promote remote online bid evaluation. Implement hidden bid evaluation to hide bidder information. Actively try to evaluate the qualifications, performance, credit and other objective quantifications of bidders to improve the quality and efficiency of bid evaluation.
(7) Optimize the procedures for determining the winning bidder. Clarify the responsibilities and positioning of expert bid evaluation and tenderer bidding, further improve the bidding rules, and ensure that the tenderer independently chooses the bidding method according to the characteristics and needs of the bidding project and publishes it in the bidding documents. Establish and improve the tenderer's review procedures for the bid evaluation report, and the tenderer finds that there are errors in the bid evaluation report, and has the right to request the bid evaluation committee to review and correct. Explore the tenderer to independently study and determine the winning bidder from the scope of the winning candidate recommended by the bid evaluation committee. Implement the whole process of calibration recording and traceability management.
(8) Strengthen the full-cycle management of bid evaluation experts. Accelerate the sharing of bid evaluation expert resources across regions and industries. Optimize the professional classification of bid evaluation experts, strengthen the warehousing review, business training, and integrity education of bid evaluation experts, and improve their ability to perform their duties. In accordance with the law, it is guaranteed that the bid evaluation experts carry out the bid evaluation independently and are not interfered with by any unit or individual. The establishment unit of the bid evaluation expert database shall establish and improve the whole process and whole chain management system from expert selection to assessment and supervision, improve the system and norms of the bid evaluation experts' fair performance commitment, confidentiality management, etc., establish the daily assessment and evaluation of bid evaluation experts, dynamic adjustment and rotation and other mechanisms, and implement the bid evaluation experts to be responsible for the bid evaluation results for life.
5. Promote digital and intelligent transformation and upgrading
(9) Accelerate the promotion of the application of digital intelligence technology. Promote the integrated development of bidding and bidding with new technologies such as big data, cloud computing, artificial intelligence, and blockchain. Formulate and implement a unified national technical standards and data specifications for electronic bidding and bidding, and promote the whole process of electronic transactions for projects that must be tendered in accordance with the law. Accelerate the interconnection of information on national bidding and bidding transaction entities, and realize the mutual recognition and sharing of information on the registration, qualifications, performance, and credit of business entities. Accelerate the realization of national mutual recognition of digital certificates in the field of bidding and bidding, and support the promotion and application of electronic business licenses. Promote the application of the fixed asset investment project code and the bidding and bidding transaction code. Comprehensively promote the payment of bid bonds, performance bonds, and project quality deposits by means of electronic guarantees (insurance).
(10) Optimize the electronic bidding and bidding platform system. Coordinate the construction of electronic bidding and bidding platforms to improve the level of intensification. The people's governments at or above the districted city level shall, in accordance with the principles of government leadership, interconnection, openness and sharing, optimize the public service platform for electronic bidding and bidding. Support social forces in accordance with the principles of marketization, specialization, and standardization to build and operate electronic trading systems for bidding and bidding. The electronic trading system shall be open to all kinds of professional trading tools. No unit or individual may designate a specific electronic trading system or trading tool for a business entity.
6. Strengthen coordinated and efficient supervision and management
(11) Consolidate the responsibilities of the administrative supervision department. Further rationalize the administrative supervision system for bidding and bidding, and explore the establishment of a coordinated mechanism that combines comprehensive supervision and industry supervision. Clarify the chain of responsibility, compile a list of administrative supervision responsibilities in different fields, clarify the competent departments and the scope, procedures and methods of supervision, and eliminate blind spots in supervision. For matters where regulatory boundaries are blurred and responsibilities are disputed, the local people's government is to clarify the competent departments and regulatory responsibilities in accordance with the principles of domain centralization, streamlining and efficiency.
(12) Strengthen multi-level and three-dimensional supervision. Strengthen the organic connection between bidding and investment decision-making, quality and safety, completion acceptance and other links, open up the approval and supervision business information system, improve the ability of integrated supervision of engineering construction, strengthen the linkage between the bidding and bidding transaction market and the performance site, and improve the supervision of the whole chain and all fields before, during, and after the event. Carry out hierarchical and categorical credit regulation. Give full play to the role of industry organizations and improve the level of industry self-discipline. Improve the standards and procedures for the transfer of leads by the administrative supervision departments for bidding and bidding to the discipline inspection and supervision organs, judicial organs, and so forth, promote the intensification of inspections and inspections, audit and supervision, and transfer leads on conduct that harms the national interest or the societal public interest to the procuratorial organs as leads on public interest litigation, transfer leads on serious acts of collusion in bidding to the public security organs, and transfer leads on public employees of party and government organs, state-owned enterprises and institutions, people's organizations, and other units who use their authority to seek illegal benefits and accept bribes to the discipline inspection and supervision organs. Establish a feedback mechanism for the handling of transferred leads, and form a closed loop of management.
(13) Accelerate the advancement of smart supervision. Innovate the digital supervision method of bidding and bidding, promote the transformation of on-site supervision to full-process digital supervision, improve the function of the electronic supervision platform for bidding and bidding, smooth the supervision and supervision channels of the administrative supervision department of bidding and bidding, discipline inspection and supervision organs, judicial organs and audit institutions, and establish an open and collaborative supervision network. The administrative supervision department for bidding and bidding should establish digital law enforcement rules and standards, and use new regulatory methods such as off-site, IoT sensing, handheld movement, and penetrating to further improve the efficiency of supervision. Increase the intensity of random sampling of bidding documents, use digital means to strengthen the analysis and comparison of qualifications and business conditions of similar projects, and focus on verification of abnormal bidding documents.
7. Create a standardized and orderly market environment
(14) Crack down on illegal activities in bidding and bidding. Establish and improve standards and norms for administrative law enforcement in bidding and bidding, and improve the benchmarks for administrative punishment discretion. Increase the extent of punishment for illegal and criminal acts such as excluding and restricting potential bidders, evading bidding, colluding in bidding, and using bribery to win bids in accordance with the law, and severely crack down on subcontracting and illegal subcontracting. Organize and carry out cross-departmental joint law enforcement in a timely manner, and concentrate on rectifying outstanding problems in the field of engineering construction. Promote the revision of relevant criminal laws, and severely punish criminal activities in bidding and bidding in accordance with law. Give play to the role of dispute resolution mechanisms such as mediation, arbitration, and litigation, support business entities to protect their legitimate rights and interests in accordance with civil contracts, and promote diversified resolution of bidding and bidding disputes. Improve the mechanism for handling complaints about bidding and bidding, and curb malicious complaints.
(15) Continue to clean up the regulations and practices that hinder the construction of a unified national market and fair competition. Carry out a special clean-up of bidding and bidding regulations and policy documents, conduct a comprehensive investigation of regulations, rules, normative documents and other policy documents and model texts, and revise and repeal unreasonable restrictions such as ownership discrimination, industry barriers, and local protection in accordance with the prescribed authority and procedures. Clean up and standardize administrative examination and approval, licensing, filing, registration, registration, registration and other matters in the field of bidding and bidding, and shall not implement administrative examination and approval in disguised form in the name of public services, transaction services, etc.
8. Improve the effectiveness of bidding and bidding policies
(16) Improve the incentive mechanism to support innovation. Improve the bidding and bidding mechanism for the first (set) major technical equipment, and the first (set) major technical equipment participating in the bidding and bidding shall be deemed to meet the requirements of market share and performance, and the quality deposit will not be charged for the first (set) major technical equipment that has been insured. State-owned enterprises are encouraged to purchase and order innovative products and services for the first time through bidding and bidding.
(17) Optimize the promotion and application mechanism of green bidding and procurement. Compile green bidding and procurement demonstration texts, guide tenderers to reasonably set green bidding and procurement standards, and clarify environmental protection, energy saving, and low-carbon requirements for raw materials and manufacturing processes. Encourage the tenderer to comprehensively consider production, packaging, logistics, sales, service, recycling and reuse and other links to determine the bid evaluation standards, and establish a green supply chain management system.
(18) Improve the policy system to support the participation of small and medium-sized enterprises. Optimize the policy measures to support the development of small and medium-sized enterprises in the field of bidding and bidding for engineering construction, and increase the support for small and medium-sized enterprises to participate in bidding and bidding by reserving quotas, improving bid evaluation standards, and increasing the proportion of down payments. Encourage large enterprises and small and medium-sized enterprises to form a consortium to participate in the bidding, and promote complementary advantages and resource integration between enterprises. Explore supporting small and medium-sized enterprises to participate in bidding and bidding as part of the assessment of state-owned enterprises' performance of social responsibility.
9. Strengthen organizational and implementation safeguards
(19) Strengthen organizational leadership. Persist in strengthening the party's overall leadership and the centralized and unified leadership of the party central committee, and implement the party's leadership in the whole process of promoting the standardized and healthy development of the bidding and bidding market in all fields. The National Development and Reform Commission should strengthen overall planning and coordination, refine and implement various tasks, and promote implementation in a list-based manner. The Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, and the State-owned Assets Supervision and Administration Commission of the State Council shall, in accordance with their duties, improve the work promotion mechanism and solidly promote the implementation of various tasks. Provincial-level people's governments should clarify the timetable and roadmap, integrate forces, grasp the key, and pay close attention to implementation, so as to ensure that all tasks are implemented and effective. Complete mechanisms for normalizing accountability, and where supervision is ineffective or law enforcement is lacking, strictly pursue accountability in accordance with regulations, discipline, and law. Major matters should be reported to the Party Central Committee and the State Council in a timely manner.
(20) Create a good atmosphere. Respect the people's initiative, encourage local and grassroots active exploration, and encourage bold innovation in reforming the bidding and bidding management system, improving the bid evaluation and determination mechanism, implementing the whole process of electronic bidding and bidding, and promoting digital and intelligent supervision. The National Development and Reform Commission, in conjunction with relevant departments, should promptly follow up the progress of innovating and improving the bidding and bidding system and mechanism, strengthen dynamic monitoring and regular evaluation, and solidify effective experience and practices in an appropriate form and promote them on a larger scale. Strengthen publicity, interpretation, and public opinion supervision, and create a social environment conducive to the standardized and healthy development of the bidding and bidding market.
General Office of the State Council
May 2, 2024
(This is a public release)
Source: Chinese government website