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NDRC official announcement: tenderer autonomy 7 new rules

Release time: 2024-03-07 10:25:49 Number of page views: Author: Kaifeng Public resources trading information Network

The National Development and Reform Commission issued the Review Rules on Fair Competition in the Field of Bidding (Draft for Public Comment).The content mainly includes the implementation of the national unified market access conditions, the autonomy of bidding, integrity (credit) evaluation measuresSeven aspects。

Ensure the tenderer's autonomy in choosing the trading system

The Rules are clearIt may not be formulated or implementedThe following restrictions:

1. For industries, fields and businesses outside the negative list of market access, tenderers, bidders and bidding agencies are required to obtain administrative permission before participating in bidding and tendering activities;

2、The second is to designate the tenderer to use a specific trading system or a specific trading tool to carry out bidding activities；

3. Require bidders or bidding agencies to set up branches in the region, pay taxes and social security, form a consortium with local enterprises, or obtain local achievements or awards;

(4) Restricting the participation of business entities in bidding and tendering activities under other unreasonable conditions。

Electronic trading platforms, trading tools, which should be independently chosen by transaction promoters and fair competition among market players in the service supply fieldIn the vast majority of regions, it is still refused by the relevant departments for various reasons and in various ways to carry out bidding and bidding business in accordance with the law on the third-party electronic trading platform。The electronic trading platform should involve market players in service supply, so as to realize market competition and market allocation of resources。However, in fact, the third-party electronic trading platform is facing difficulties in opening up, docking, development and other related problems, which seriously affect and restrict the marketization, specialization, and intelligent development of bidding and procurement electronic trading, and it is necessary to vigorously clean up and eliminate the iron walls that hinder the docking of third-party electronic trading platforms。

Ensure that the tenderer chooses the agency and prepares the bid documentsautonomy

The Rules are clearIt may not be formulated or implementedThe following restrictions:

1. Appoint an agency for the tenderer or limit the way in which the tenderer chooses an agency;

2. Specify bidding qualifications, technology and business conditions for the tenderer;

3. Specify the qualification examination method or bid evaluation method for the tenderer;

4. Specify bid evaluation criteria for the tenderer;

5. Specify the bid opening time for the tenderer;

6. Circumstances in which the tenderer's autonomy is restricted by other unreasonable conditions。　

The preparation of bidding documents is the right of autonomy enjoyed by the tenderer according to law。Paragraph 1 of Article 19 of the Tendering and Bidding Law expressly stipulates that a tenderer shall prepare bidding documents according to the characteristics and needs of the project to be tendered。In practice, many local administrative supervision departments, industry competent departments and even public resource trading operation service agencies have issued regulations that the evaluation standards and evaluation methods of the bidding documents are detailed to each item, and the tenderer and the bidding agency can not have any changes。On the one hand, this practice seriously infringes the autonomy of the tenderer to prepare the bidding documents, on the other hand, it is not conducive to the realization of the tenderer's procurement objectives。

Ensure the tenderer pricing bid

The Rules are clearIt may not be formulated or implementedThe following restrictions:

1. Specify bidding rules for the tenderer;

2. Designate members of the bid evaluation committee for the tenderer;

3. The bid selection power shall be exercised by the tenderer or other units or personnel other than the bid selection committee authorized by the tenderer;

4, the provision of lottery, lottery, lottery and other ways to determine the winning bidder;

5. Circumstances in which the tenderer's bid determination right is restricted by other unreasonable conditions。

In practice, some places force tenderers to adopt "assessment separation" and "double-blind review", prohibit tenderers to appoint representatives or entrust external experts to participate in bid evaluation as representatives of tenderers, and force the formation of bid selection committees, etc., directly depriving or reducing the legitimate rights and interests of tenderers。

Ensure the right of the tenderer to collect bid security

The Rules are clearIt may not be formulated or implementedThe following restrictions:

1. Limit the bid inviter to collect deposit according to law;

(2) Require the business entity to pay the bid bond, performance bond, project quality bond, and other deposits other than the wage bond of migrant workers;

3. Require the business entity to pay the deposit in cash, guarantee, insurance or other specific forms;

4. Require the business entity to issue a guarantee (insurance) from a specific financial institution;

5. Set pre-conditions for the return of deposit in addition to the bidding documents;

6. Other unreasonable restrictions。

In practice, some places prohibit the tenderer from collecting bid security, performance security and quality security in accordance with the law, resulting in disputes in the conclusion and performance of the contract, the legitimate rights and interests of the tenderer can not be protected, which is not conducive to the smooth progress of the project。At this stage, the credit system has not been completely established, it is not advisable to prohibit the tenderer to collect the deposit according to law。

Ensure the tenderer's right of independent credit evaluation

The Rules are clearIt may not be formulated or implementedThe following restrictions:

(1) Adopt different evaluation standards for business entities in different regions or forms of ownership in terms of qualification, qualification and performance;

2, in the registration process of material submission, upload, review and other business entities in different regions or forms of ownership to make different provisions;

3. Compel the tenderer to adopt a specific good faith (credit) evaluation conclusion when setting the bidding qualification conditions;

4. Force the tenderer to take the specific integrity (credit) evaluation conclusion as the bid evaluation standard;

5. Other circumstances that have the effect of local protection or ownership discrimination;

Notice on Regulating the application of Credit Evaluation in the field of Bidding and Tendering (Finance of the Development and Reform Office (2023) No. 860) pointed out，当前，Some places set up hidden barriers to bidding by means of credit evaluation and credit scoring，Destroy the market environment of fair competition，Hindering the building of a unified national market，Norms must be resolutely corrected。It is necessary to carry out special management of prominent problems in the field of bidding and bidding, scientifically set credit evaluation indicators, and objectively and fairly evaluate the credit status of enterprises。All localities shall not set up bidding and bidding trading barriers in the form of credit evaluation and credit scoring, shall not discriminate between various business entities, and shall not take the performance of specific administrative regions, the establishment of local branches, and the local payment of taxes and social security as credit evaluation points。

The "Rules" protect the right of independent credit evaluation of the tenderer in accordance with the law, which is the concrete embodiment of further strengthening the main responsibility of the tenderer。

Formulate standard bidding documents and treat all types of business entities equally

The Rules are clearStandard bidding documents (text) and prequalification documents (text) shall not be allowedThe following circumstances shall be listed as the qualification conditions for bidding:

1, the state has explicitly cancelled the certificate, qualification, etc.;

2. Training certificate and employment certificate from relevant departments or industry associations in the region;

3, the bidder has entered the specific pre-selection library, qualification library and contractor (supplier) alternative list;

4, the bidder's integrity (credit) evaluation scores or ratings meet or exceed specific standards;

5. Exclusion or restriction of potential bidders with other unreasonable conditions。

Clauses in standard bidding documents (text) and prequalification documents (text) involving bid evaluation criteria shall not contain the following contents:

1. Set different scores for local performance and foreign performance of business entities;

2. Set different scores for business entities with different forms of ownership;

3. Set different scores for operating entities with different scales, registered capital, market share, debt ratio and net asset scale;

4. Other discriminatory provisions that exclude or restrict competition。

Ensure all business entities平等参与

The Rules are clearIt may not be formulated or implementedThe following restrictions:

1, the bidding and bidding transaction service agencies to exercise administrative supervision and management functions with the nature of examination and approval, filing, supervision, punishment, etc.;

2. Force non-public resource trading projects to enter the public resource trading platform;

3. For matters that can be verified by informing commitment and post-verification, the bidder shall be forced to provide the original in the bidding process;

4. Illegally requiring the bidder's legal representative, technical person in charge or other specific personnel to be present in the process of obtaining bidding documents and opening bids;

(5) Other improper restrictions on the participation of business entities in the bidding process。

From: Today Public Resources Information network

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