Ministry of Housing and Construction 丨 Guidelines for Further Strengthening Tendering and Bidding Supervision of Housing Construction and Municipal Infrastructure Projects
Release Date: 2019-12-25
On December 19, 2019, the Ministry of Housing and Urban-Rural Development issued the "Guiding Opinions on Further Strengthening the Tender and Bidding Supervision of Housing Construction and Municipal Infrastructure Projects" (hereinafter referred to as "Opinions").
The "Opinion" requires that the evaluation separation method be promoted, the bid evaluation committee provide technical advice and recommend qualified bid winners to the bidders. According to the quotation and technical advice, the bid inviting party selects the best and determines the successful bidder. Strengthen the supervision of the bidding process. If the circumstances such as the bidding and stringing of bids are serious, they shall be included in the scope of joint disciplinary punishment for breach of trust until the market is cleared. Establish a mechanism for the evaluation and withdrawal of bid evaluation experts, revoke the qualifications of bid evaluation experts for violations of laws and regulations, and seriously investigate and deal with them according to law and regulations. If the successful bidder refuses to perform the contractual obligations, it shall be recorded in the credit record as bad behavior. Promote the bank guarantee system, and implement engineering guarantee company guarantee and engineering guarantee insurance in areas where conditions permit.
Full text of "Opinions"
Ministry of Housing and Urban-Rural Development on Further Strengthening
Building and municipal infrastructure works
Guidance on supervision of bidding and tendering
Departments of Housing and Urban-Rural Development of various provinces and autonomous regions, Housing and Urban-Rural Development (Administration) Committees of municipalities directly under the Central Government, and Housing and Urban-Rural Development Bureau of Xinjiang Production and Construction Corps:
The project bidding and tendering system has played an important role in safeguarding national and social public interests, regulating construction market behavior, improving investment efficiency, and promoting a clean government. However, in the current project bidding and bidding activities, the main responsibility of the bidder is lacking, and the problems of collusive bidding and falsification are still prominent. In order to implement the "Opinions of the General Office of the State Council on Promoting the Sustainable and Healthy Development of the Construction Industry" (Guobanfa  No. 19), and the "General Office of the State Council Forwarded the Guiding Opinions of the Ministry of Housing and Urban-Rural Development on Improving the Quality Assurance System and Improving the Quality of Construction Projects" Notice (State Administration Letter  No. 92), actively promote the reform of the bidding and bidding system for housing construction and municipal infrastructure projects, strengthen the supervision of bidding and bidding activities of related projects, severely crack down on illegal and illegal issues in the bidding and bidding process, and maintain the order of the construction market Make the following comments.
I. Strengthening the powers and responsibilities of the bidder
(1) Implement the primary responsibility of the tenderer. Project bidding and tendering activities shall be in accordance with the law, and the bidder shall be responsible for initiating the bidding independently and selecting the bidding agency, qualification review method, bidder's representative and bid evaluation method for the construction project independently. Party members and cadres are strictly forbidden to interfere in the bidding and bidding activities with their powers or the influence of their positions.
2. Government investment projects encourage centralized construction management. ，科学确定并严格执行合理的工程建设周期，保障工程质量安全，竣工验收后移交使用单位，提高政府投资工程的专业化管理水平。 Implement relatively centralized and professional management, adopt the mode of setting up centralized construction institutions or competitively selecting enterprises to implement agent construction, strictly control project investment , scientifically determine and strictly implement a reasonable project construction cycle, ensure project quality and safety, and transfer to users after completion Improve the professional management level of government investment projects.
Second, optimize the bidding method
(3) Narrowing the scope of tenders. For socially invested housing construction projects, the construction unit independently decides the way of outsourcing, and socially invested municipal infrastructure projects decide the way of outsourcing. Government investment projects encourage the use of full-process engineering consulting and general contracting methods to reduce the level of bidding and tendering. According to the contract or with the consent of the tenderer, the general contractor shall independently determine the professional subcontracting. The tenderer shall not designate subcontracting or dismember the project.
(4) Exploring and separating the assessment and promotion methods. The bid inviting party shall scientifically formulate the bid evaluation and calibration method, set up a bid evaluation committee, strengthen the review of the bidder's credit status and performance ability through qualification review, and give priority to innovation, green and other review factors around high-quality development requirements. 对投标文件的技术、质量、安全、工期的控制能力等因素提供技术咨询建议， 向招标人推荐合格的中标候选人 。 The bid evaluation committee provides technical advice and suggestions on the technical, quality, safety, and time-control capabilities of the bidding documents, and recommends qualified bid candidates to the bidder . 按照科学、民主决策原则，建立健全内部控制程序和决策约束机制，根据报价情况和技术咨询建议， 择优确定中标人 ，实现招标投标过程的规范透明，结果的合法公正，依法依规接受监督。 In accordance with the principles of scientific and democratic decision-making, the bidder shall establish and improve internal control procedures and decision-making constraint mechanisms. Based on the quotation situation and technical consulting suggestions, select the best bidder to achieve the standard and transparency of the bidding process. The results are legal and fair and accepted according to law and regulations. Supervision.
(5) Fully implement electronic bidding. Fully implement the entire process of electronic bidding and bidding transactions and remote remote bid evaluation to realize the disclosure of information on bidding and bidding activities. Actively innovate electronic administrative supervision. The bidding and bidding trading platform should achieve data docking with the local construction market supervision platform, speed up the promotion of transaction and supervision data interconnection and sharing, and increase the collection and sharing of engineering project data information for the national construction market supervision public service platform. .
(6) Promote the market to form a price mechanism. 鼓励地方建立工程造价数据库和发布市场化的造价指标指数， 促进通过市场竞争形成合同价。 Carry out structural reforms on the supply side of construction costs, encourage local governments to establish construction cost databases and issue market-based construction cost index indexes, and promote the formation of contract prices through market competition. Benchmarking International, establishing a project measurement and pricing system, and improving the market-oriented information release mechanism for engineering materials, machinery and labor. Improve the method of preparing the maximum bid limit, strengthen the bidder's responsibility for engineering cost management and control, and implement the entire process of engineering cost consulting. Strict contract performance management and project changes, and strengthen the management of project progress payment and project settlement management. Tenderers shall not use unfinished audits as reasons for postponing project settlement and arrears in project payments.
Strengthening supervision of the bidding process
(7) Strengthen supervision of bidding and bidding activities. 的要求，加大招标投标事中事后查处力度，严厉打击串通投标、弄虚作假等违法违规行为，维护建筑市场秩序。 Departments of housing and urban and rural construction at all levels should increase the intensity of post-event investigation and punishment in accordance with the requirements of "double random and one open" , severely crack down on illegal acts such as collusive bidding and fraud, and maintain order in the construction market. If the circumstances such as the bidding and stringing are serious, they shall be included in the scope of joint disciplinary punishment for breach of trust until they are cleared from the market.
(8) Strengthen supervision of bid evaluation experts. Housing and urban-rural construction authorities at all levels shall, in light of actual conditions, improve and perfect the management system for dynamic supervision and extraction supervision of bid evaluation experts, and strictly perform their duties of supervision of bid evaluation experts. Establish a mechanism for the evaluation and withdrawal of bid evaluation experts. The bid evaluation experts who have violated laws and regulations shall be disqualified from their bid evaluation experts, and shall be investigated and dealt with seriously according to law and regulations.
(9) Strengthen market supervision of bidding agencies. We will implement a system of voluntary submission of information on bidding agencies and annual performance disclosure, and improve the supervision of bidding and tendering activities of engineering consulting agencies throughout the process. Strengthen the evaluation and evaluation of the employees of the bidding agency, strictly investigate and punish the employees' violations of laws and regulations, disclose credit evaluation information to the society, implement a "blacklist" system of bidding agencies, and build a trustworthy incentive and dishonesty punishment mechanism.
(10) Strengthening contract performance supervision. Strengthen the “two-field” linkage between the construction market and the construction site, and include performance in the credit evaluation. The successful bidder shall perform the contract strictly in accordance with the technical strength and technical plan promised by the bid . If the successful bidder refuses to perform the contractual obligations, it shall be recorded as credit recording.
Optimizing the market environment for tendering and bidding
(11) Speed up the project guarantee system. Promote the bank guarantee system, and implement engineering guarantee company guarantee and engineering guarantee insurance in areas where conditions permit. If the bid inviting party requires the bid winner to provide a performance guarantee, the bid inviting party shall also provide the bid winner with a guarantee for the payment of the project funds. High-insurance performance guarantees will be implemented for explorations that use the lowest price.
(12) Increase information disclosure. Public bidding project information, including pre-qualification announcements, tender announcements, review committee review information, qualification review unqualified lists, bid evaluation results, successful bid candidates, bidding methods, and contact information for complaints, should be published in the bidding announcement Public service platforms and trading platforms are open to the public and accept public supervision.
(13) Improve the credit evaluation mechanism in the construction market. 推动建筑市场信用评价结果在招标投标活动中规范应用，严禁假借信用评价实行地方保护。 Actively carry out credit evaluation in the construction market, improve the credit files of market entities such as bidders, bidders, bidding agencies and employees, improve the hierarchical management system of credit information, punish market entities that have serious dishonesty, and promote credit evaluation in the construction market The results are standardized in bidding and bidding activities, and it is strictly forbidden to use credit evaluation to implement local protection.
(14) Open up complaint channels and regulate complaints. The bidding and tendering supervision department shall establish a sound and efficient complaint handling mechanism, promptly accept and handle bidding and bidding complaints in accordance with the law, and increase investigation and punishment. To regulate the complaint behavior, the complaint should include the names and addresses of the complainant and the respondent, and effective contact information, the basic facts of the complaint, relevant requests and claims, valid clues and relevant supporting materials, and supporting documents for objections. If it is a malicious complaint, its corresponding responsibility shall be investigated.
V. Strengthening safeguard measures
(15) Strengthen organizational leadership. The local housing and urban-rural construction authorities should attach great importance to the construction market transaction activities, innovate the supervision mechanism for bidding and tendering of construction projects, improve related supporting policies, strengthen the guidance and support for construction market transaction activities, and strengthen development and reform, finance, audit and other relevant departments. Communicate and coordinate to solve practical problems in bidding activities.
(16) Promote demonstration and leadership. The local housing and urban-rural construction authorities should actively promote the bidding and tendering reform of engineering construction projects, select trials in some regions, and summarize the pilot practices in a timely manner to form replicable and popularizable experiences. Questions and suggestions from the pilot were reported to the Ministry of Housing and Urban-Rural Development in a timely manner.
(17) Do a good job of propaganda and guidance. The local housing and urban-rural construction authorities shall publicize and report on the bidding and tendering reform measures and results achieved in a variety of ways in a timely manner, strengthen public opinion guidance, solicit support from the public and market entities, respond to public opinion concerns in a timely manner, and promote the bidding and tendering reform work Create a good public opinion environment.
Ministry of Housing and Urban-Rural Development of the People's Republic of China
December 19, 2019
(This one is open to the public)