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Department of Housing and Urban-Rural Development of all provinces and autonomous regions, Housing and Urban-Rural Construction (Management) Committee of the Municipality directly under the Central Government, and Housing and Urban-Rural Development Bureau of Xinjiang Production and Construction Corps:

In order to thoroughly implement the "Opinions of the General Office of the State Council on Promoting the Sustainable and Healthy Development of the Construction Industry" (Guo Ban Fa [2017] No. 19), deepen the reform of the tendering and bidding system for housing construction and municipal infrastructure projects, and strengthen the supervision of project bidding activities, In order to crack down on illegal and illegal bidding and bidding, and maintain the order of the construction market, the Ministry of Research and Research drafted the “Guiding Opinions on Further Strengthening the Supervision of Bidding and Tendering of Building Construction and Municipal Infrastructure Projects (Draft for Comment). I am sending you, please organize relevant units to study and submit comments, and send a letter to the Construction Market Supervision Department of our department before October 25, 2019 (if the content of the opinion is not confidential, please send the electronic version to the designated mailbox).

Contact number: 010-58933262

Fax: 010-58934964

Email: yangguoqiang@mohurd.gov.cn

Annex: Guidance on further strengthening the supervision of bidding and tendering for housing construction and municipal infrastructure projects (draft for comments)

Office of the Ministry of Housing and Urban-Rural Development of the People's Republic

September 30, 2019

(This piece is open to the public)

Guidance on further strengthening the supervision of bidding and tendering for housing construction and municipal infrastructure projects

(draft for comment)

The project bidding system has played an important role in safeguarding national interests and social public interests, regulating construction market behavior, improving investment efficiency, and promoting the building of a clean government. However, in the current project bidding and tendering activities, the main body of the tenderee is lacking, and the problem of collusion and fraud is still outstanding. In order to thoroughly implement the "Opinions of the General Office of the State Council on Promoting the Sustainable and Healthy Development of the Construction Industry" (Guo Ban Fa [2017] No. 19), actively promote the reform of the tendering and bidding system for housing construction and municipal infrastructure projects, and strengthen the supervision of project bidding activities. Strictly crack down on illegal and illegal bidding and bidding, and maintain order in the construction market. The following opinions are proposed.

First, consolidate the rights and responsibilities of the tenderer

(1) Implement the primary responsibility of the tenderee. The bidding and bidding activities of the project shall be undertaken by the tenderee in accordance with the law. The tenderer shall decide to initiate the bidding, and independently select the bidding agency, the qualification examination method, the bidder's representative and the bid evaluation method. To consolidate the main responsibility of the tenderee in the bidding and tendering activities, party members and cadres are strictly prohibited from interfering with the bidding and bidding activities by using their powers or duties.

(2) The government investment project encourages centralized construction methods. Implement relatively centralized professional management, adopt a centralized construction institution or a competitive selection enterprise to implement the model of agent construction, strictly control the investment of engineering projects, ensure the quality and safety of the project and the construction period, transfer the use units after completion acceptance, and improve the professional management of government investment projects. Level.

Second, optimize the evaluation method

(3) Reducing the scope of bidding and tendering. For social investment in housing construction projects, the construction unit decides the method of contracting independently, and the municipal infrastructure project for social investment determines the method of contracting according to law. The government investment project encourages the use of full-process consulting and general contracting methods to reduce the level of bidding and tendering. According to the contract or with the consent of the tenderee, the general contractor shall decide the professional subcontracting independently, and the tenderee shall not designate the subcontracting or dismembering project.

(4) Exploring and promoting the method of evaluation and separation. The tenderee shall scientifically formulate the evaluation and calibration method, determine the bid evaluation committee, strengthen the review of the credit status and performance capability of the bidder through prequalification, prioritize the evaluation factors such as innovation and green around the high quality development requirements, and evaluate the bidding committee. Provide technical advice and suggestions on the technical, quality, safety, and control capabilities of the documents, and recommend 3 to 5 unsorted candidates to the tenderer. In accordance with the principles of scientific and democratic decision-making, the tenderee shall establish and improve the internal program control and decision-making restraint mechanism. According to the quotation and technical advice, the bid winner shall be selected to achieve the standardization and transparency of the bidding process, and the results shall be legal and fair. Supervision.

(5) Full implementation of electronic bidding and bidding. Full implementation of the whole process of bidding and tendering transactions and remote evaluation of remote bidding, to achieve information disclosure of bidding and tendering activities. Actively innovate electronic administrative supervision, bidding and bidding trading platform should realize data docking with the regional electronic administrative supervision platform, accelerate the promotion of transactions, supervise data interconnection and sharing, and increase the collection and sharing of data information of national construction market supervision public service platform engineering projects. Strength.

(6) Promote the formation of a price mechanism in the market. Implement structural cost-side structural reform, establish and improve multi-level engineering quantity calculation rules, change quota pricing methods, promote engineering quotas to establish engineering cost database and release index index, and promote the establishment of engineering materials, machinery, labor, and service price marketization. The information release mechanism promotes the formation of prices through market competition; benchmarks the internationally-accepted project management model, promotes the management of project cost objectives throughout the entire process, guides both parties to the contract to strictly perform contractual obligations, strictly controls engineering changes, and strengthens government investment. Effective control. The construction project price settlement method shall be revised to increase the lower limit of the proportion of the project progress payment. The government and state-owned investment projects shall not use the audit conclusion as the settlement basis.

Third, strengthen the supervision of the bidding process

(7) Strengthen supervision over bidding and tendering activities. The competent departments of housing and urban and rural construction at all levels or the bidding and tendering supervision institutions entrusted by them shall strengthen the supervision of project bidding and bidding activities according to law, and severely crack down on illegal and illegal acts such as fraud, collusion and bidding. The competent departments of housing and urban and rural construction at all levels shall, in accordance with the requirements of “double randomness and openness”, increase the investigation and punishment of bidding and bidding, and maintain the order of the construction market. For matters that implement the notification commitment system, the regulatory body shall verify the applicant's performance of the commitment within a certain period of time. If the applicant fails to perform the commitment, the administrative examination and approval decision shall be revoked and the applicant's responsibility shall be investigated.

(8) Strengthen the supervision of bid evaluation experts. The competent departments of housing and urban and rural construction at all levels shall, in combination with the actual improvement and improvement of the dynamic supervision and evaluation management system of the bid evaluation experts, strictly perform the supervisory duties of the bid evaluation experts. The appraisal and withdrawal mechanism of the appraisal expert shall be established. The appraisal expert who is incompetent or has bad behavior shall cancel the qualification of the appraisal expert; for the appraisal expert who has violated the law and is not strict with his duties, he shall comply with the law. Strict investigation.

(9) Strengthening the supervision of market behavior of bidding agencies. Implement the voluntary information submission and annual performance publicity system of the bidding agency, and improve the supervision of the whole process consulting organization engaged in bidding and bidding activities. Strengthen the appraisal and evaluation of employees in the bidding agency, investigate and deal with violations of laws and regulations by employees in strict accordance with the law, disclose the credit evaluation information to the public, implement the “blacklist” system of bidding agencies, and construct a mechanism of trustworthiness incentives and disciplinary actions.

(10) Strengthening contract performance supervision. Strengthen the "two games" linkage between the construction market and the construction site, and incorporate the performance of the performance into the credit evaluation. The winning bidder should ensure that the technical strength and technical plan of the bid commitment are strictly fulfilled. If the winning bidder fails to perform in accordance with the contract, credit is recorded as a bad behavior. recording. If the circumstances such as the serial labeling are serious, it shall be included in the joint disciplinary punishment of the untrustworthy until the market is cleared.

Fourth, optimize the tendering and bidding market environment

(11) Accelerate the implementation of the project guarantee system. Implement the bank guarantee system and implement the project guarantee company guarantee and engineering guarantee insurance in the qualified areas. Where the tenderer requests the successful bidder to provide performance guarantee, the tenderee shall simultaneously provide the winning bid to the winning bidder. A high-insurance performance guarantee is applied to the exploration of adopting a reasonable minimum bid.

(12) Increase the intensity of information disclosure. Compress the public notice time, public bidding project information, including but not limited to pre-qualification announcement, bidding announcement, judging panel review information, qualification review unqualified list, bid evaluation result, winning bidder, calibration method, and contact information for accepting complaints Such contents shall be disclosed to the public on the trading platform and electronic bidding administrative supervision platform issued in the tender announcement, and subject to the supervision of the public.

(13) Improve the credit evaluation mechanism of the construction market. Actively carry out credit evaluation of the construction market, improve the credit files of market entities such as bidders, bidders, bidding agencies and practitioners, improve the hierarchical management system of credit information, punish market entities with serious acts of dishonesty, and promote the credit evaluation of the construction market. As a result, in the standard application of bidding and bidding activities, it is strictly forbidden to use local credit protection to implement local protection.

(14) Smooth access to complaints and standardize complaints. The regulatory authorities shall establish and improve a fair and efficient complaint handling mechanism, promptly accept and handle bidding and tendering complaints according to law, and increase investigation and punishment. To standardize complaints, the complaint should include the name and address of the complainant and the respondent, the effective contact details, the basic facts of the complaint, related requests and claims, valid clues and relevant supporting materials, and supporting documents for the objection. If it is a malicious complaint, it shall be investigated for its corresponding responsibility.

V. Strengthening safeguard measures

(15) Strengthen organizational leadership. The competent departments of housing and urban and rural construction in all provinces and cities should attach great importance to the construction market trading activities, innovate the bidding and tendering supervision mechanism, improve related supporting policies, strengthen the guidance and support for the construction market trading activities, and strengthen and develop reform, finance, auditing and other relevant departments. Communication and coordination, and effectively solve the practical problems in the bidding and bidding activities.

(16) Promote demonstration and guidance. The competent departments of housing and urban and rural construction should actively promote the bidding and tendering reform of engineering construction projects, select some areas to carry out pilot projects, and timely summarize the pilot practices to form a replicable and scalable experience. The problems and suggestions in the pilot were promptly lodged with the Ministry of Housing and Urban-Rural Development.

(17) Do a good job in propaganda and guidance. The competent departments of housing and urban and rural construction in various places shall promptly publicize and report on the measures and achievements of the bidding and tendering reforms through various forms, strengthen public opinion guidance, strive for the support of the public and market entities, and promptly respond to public opinion concerns, in order to smoothly promote the bidding and tender reform work. Create a good public opinion environment.

Letter from the General Office of the Ministry of Housing and Urban-Rural Development for the Opinions on Further Strengthening the Supervision and Tendering of Building Construction and Municipal Infrastructure Projects (Consultation Draft)