China News Service, February 25. According to the website of the National Development and Reform Commission, 11 departments including the National Development and Reform Commission recently issued the "Notice on Establishing and Improving a Long-term Mechanism for Optimizing the Business Environment in the Field of Bidding and Bidding" (hereinafter referred to as the "Notice").
The "Notice" requires strict regulation of local bidding and bidding system rules-making activities.
The "Notice" mentioned that, in accordance with the deployment requirements of the State Council, since 2019, the National Development and Reform Commission and relevant departments of the State Council have carried out special rectification of the business environment in the field of project bidding and bidding throughout the country, and organized various regions and relevant departments to conduct bidding regulations and policies. Comprehensively clean up, extensively collect clues on issues that damage the business environment, vigorously carry out random inspections and key inspections, and strictly investigate and deal with violations of laws and regulations that undermine fair competition.
Through special rectification, a large number of outstanding problems that were strongly reflected by the main body of the bidding and bidding market have been effectively resolved, the system rules have become clearer, the market order has been continuously standardized, and a market environment for fair competition among enterprises of different ownership has been further formed.
However, it should be noted that compared with the requirements of the Party Central Committee and the State Council, and compared with the expectations of the majority of market players, there are still weak links in the business environment in the field of bidding.
The total number of tendering and bidding regulations and policy documents in various regions is too large, and the rules are complex, which increase the compliance cost of market entities; problems such as local protection, ownership discrimination, unauthorized establishment of audit and record certification matters and handling links, and violation of regulations to interfere with the autonomy of market entities are still time Occurrences are more prominent in some cities and counties; tendering and bidding administrative management emphasizes pre-approval and approval, and neglects mid-event and post-event supervision. Supervisory initiative and comprehensiveness are insufficient. Supervision responsibilities in some industries are unclear, and there is insufficient deterrence against violations of laws and regulations.
In order to consolidate and deepen the results of the special rectification of the business environment in the tendering and bidding field, and to further create a fair and competitive market environment, it is urgently required to establish and improve a long-term mechanism, and continue to make efforts to promote the fundamental improvement of the business environment in the tendering and bidding field.
The "Notice" requires strict regulation of local bidding and bidding system rules-making activities.
All localities formulate relevant bidding and bidding system rules, strictly implement the requirements of the "Regulations on Optimizing the Business Environment", earnestly carry out fair competition review and legality review, fully listen to the opinions of market players, industry associations and chambers of commerce, and publicly solicit opinions from the public. Generally no less than 30th.
Where there is no basis for laws, regulations or decisions and orders of the State Council, regulatory documents must not detract from the legitimate rights and interests of market entities or increase their obligations, must not set market access and exit conditions, must not set certification items, or interfere with the normal production and operation activities of market entities.
Before promulgating new rules and regulations, we must carefully evaluate the necessity. If existing documents can be resolved or the related problems can be resolved after revision, no new documents will be issued; the documents previously issued should be comprehensively sorted out. If there are multiple provisions on the same matter, According to the situation, merger, convergence, substitution, abolishment, etc. shall be processed.
Local governments formulate bidding and bidding system rules and public resource transaction management service system rules. It is necessary to establish a mechanism for soliciting opinions from the leading department for bidding and bidding guidance and coordination at the same level and the higher-level competent department to ensure compliance with the upper law and maintain the uniformity of the system and rules.
The "Notice" clarified that the efforts to clean up and integrate the rules of the local tendering and bidding system should be strengthened.
The provincial-level bidding and bidding guidance and coordination departments shall, in conjunction with the relevant administrative supervision departments, strengthen the overall planning of the bidding and bidding system rules for the administrative region, and strengthen the supervision and guidance of the municipal and county bidding system environment.
From the height of promoting the construction of a unified national market, focusing on the most prominent city and county level, intensify efforts to clean up and integrate the rules of the bidding system.
Except for a small number of documents that adjust the internal behavior of the government, in accordance with the principle of reducing as much as possible, and integrating the rules, the total amount of the bidding and bidding system and rules retained by each city should be controlled and linked to increase or decrease to avoid clearing and increasing; All districts and counties no longer retain or newly formulate such documents.
The leading departments for the coordination of bidding and bidding at the provincial level and the relevant administrative supervision departments shall summarize the local laws and regulations, rules and normative documents for bidding and bidding retained at the provincial and municipal levels after being cleaned up and integrated. The catalogue and full text (or URL link) are published on the column of the public resource trading platform, public bidding service platform and provincial administrative supervision department website, and updated dynamically to facilitate the inspection of market entities; those not listed in the catalogue shall not be used as the basis for administrative supervision .
The "Notice" requires the full implementation of the "double random and one open" supervision model.
All local bidding and bidding administrative supervision departments shall comprehensively implement the “double random and one open” model in the interim and ex post supervision of projects that must be bid in accordance with the law, and pay close attention to bidding announcements, bidding documents, qualification review, bid opening evaluation, bidding determination, objection response, and bidding Key links and carriers such as written reports on bidding status and bidding agency shall severely crack down on violations of laws and regulations.
It is necessary to reasonably determine the target, proportion, and frequency of the spot check, and implement it after being announced to the public; for the subjects that are prone to frequent problems and who have violated laws and regulations, they can adopt methods such as increasing the frequency of spot checks and carrying out special inspections for key supervision; indeed there is no " Under the condition of “double random”, according to the concept of “double random”, the “single random” working method can be temporarily adopted.
The results of the spot check are disclosed to the public in a timely manner through the website of the relevant administrative supervision department, accept social supervision, and are synchronized to the public resource trading platform at the same level, the public bidding service platform and the credit information sharing platform.
It is necessary to give full play to the role of the public resource trading platform, clarify the matters and performance methods that the trading service agency needs to support and cooperate, and realize the effective connection between trading services and administrative supervision.
By the end of June 2021, all regions and departments must complete the construction of relevant systems, and complete the first batch of random inspections by the end of November.
The "Notice" clarified that channels for objections and complaints in bidding and bidding should be unblocked.
Local bidding and bidding administrative supervision departments shall guide and urge the bidders for projects that must be tendered in accordance with the law to announce the contact person and contact information for receiving objections in the pre-qualification announcement, pre-qualification document, bidding announcement, and bidding documents, and promptly respond to and deal with relevant entities’ requests in accordance with the law. objection.
In order to fully implement electronic tendering and bidding, all projects that must be tendered in accordance with the law before the end of November 2021 can be submitted online through the electronic tendering and bidding transaction system to raise objections and reply.
It is necessary to further improve the complaint handling mechanism, to accept, investigate and handle complaints in a timely manner in accordance with the law, and to disclose administrative penalty decisions online; actively explore online acceptance of complaints and make handling decisions.
All localities shall, in accordance with relevant laws and regulations and the responsibilities of relevant administrative supervision departments, list the division of responsibilities for handling complaints in a list to avoid repeated acceptance or mutual prevarication; in accordance with the principle of “who is in charge of supervision”, speed up the implementation of industry, agriculture, rural areas, and broadcasting Responsibilities for administrative supervision of bidding activities in industries such as television and energy, and improve supervision measures.
Encourage exploring the establishment of a mechanism for receiving complaints by specific departments through local legislation, so as to prevent mutual excuses in areas where it is really difficult to coordinate and clarify regulatory responsibilities.