Recently, 13 departments including the National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development jointly issued the "Several Opinions on Strictly Implementing Tendering and Bidding Laws and Regulations to Further Regulate the Behavior of Tendering and Bidding Subjects" (hereinafter referred to as the "Opinions"), aiming at the existing problems in the current bidding market. The rights and responsibilities of all parties involved in the bidding are not fully implemented, the hidden barriers and thresholds in the market have not been completely eliminated, and the evasion of bidding, false bidding, bid rigging, and the intervention of relevant departments and leading cadres are prone to high incidence of violations and other prominent problems. 20 specific measures in 5 areas were proposed.
In terms of strengthening the main responsibility of the tenderee, the "Opinions" put forward 9 requirements including the implementation of bidding autonomy in accordance with the law, emphasizing that bidding and false bidding shall not be evaded in illegal forms. Except for special circumstances, projects that must be subject to bidding according to law should implement full-process electronic transactions. , it is strictly forbidden to interfere with or influence the fair and independent bid evaluation of other bid evaluation committee members.
In terms of resolutely cracking down on illegal bidding and dishonest performance of contracts, the "Opinions" require that bidders should participate in bidding in good faith in accordance with the law, and must not make false bids, collude in bids, bribes to win bids, maliciously raise objections, complaints or reports, and bidders must not submit winning bids. Subcontracting, illegal subcontracting; pay close attention to "accompanying bidders", focusing on the relationship between bidders, the existence of cross appointments between senior management personnel of different bidders, mixed use of personnel or kinship, frequent "group" bidding, etc. Bid rigging is a sign of risk, and if it is verified that there is an illegal act, administrative punishment will be implemented in strict accordance with the law and included in the credit record according to regulations. The responsible leaders and directly responsible personnel will be dealt with in accordance with regulations, disciplines and laws, and those suspected of committing crimes will be promptly reported. Relevant agencies transfer.
In terms of strengthening the management of bid evaluation experts and standardizing the service behavior of bidding agencies, the "Opinions" are clear and strict in bid evaluation discipline, ensuring that bid evaluation experts perform their duties seriously, impartially, honestly, honestly, and diligently. Investigate and punish; strengthen the dynamic management of bid evaluation experts, and establish and improve management systems for bid evaluation experts such as warehousing review, pre-job training, continuing education, assessment and evaluation, and integrity education; bidding agencies and their employees shall be in accordance with laws and regulations, integrity and self-discipline It is strictly forbidden to undertake business by illegal means such as offering bribes, offering kickbacks or conveying illegitimate benefits.
In addition, in terms of further implementing supervision and management responsibilities, the "Opinions" emphasize that cooperation with discipline inspection and supervision agencies and auditing agencies should be strengthened, and clues of violations of laws and regulations in the field of bidding and bidding should be handed over in accordance with regulations, and the clues received will be carefully checked and handled.