In order to further standardize the bidding decision-making procedure of state-owned capital investment construction projects (hereinafter referred to as engineering construction projects), promote the openness, transparency, fairness and justice of bidding process, improve project transaction efficiency, speed up project implementation and promote rapid economic and social development. With the consent of the municipal government, we hereby put forward the following opinions on relevant matters:
One is to strengthen the main responsibility of the tenderer.
(1) The project owner unit or agent construction unit (hereinafter referred to as the tenderee) shall fully perform the responsibilities of project construction management, strictly implement the bidding laws, regulations and rules, perform the examination and approval procedures of project establishment, fund source, land guarantee and planning scheme in accordance with the relevant provisions of the state, select the bidding agency on the best basis, correctly select the bidding method, scientifically prepare the bidding scheme, reasonably set the performance reward, and shall not set excessively high qualification conditions that obviously exceed the specific characteristics and actual needs of the project subject to tender.
(2) The tenderee shall provide the project approval, preliminary design approval, proof of fund source, qualification certificate of drawing review, proof of filing of bill of quantities, bidding scheme and project description according to the project type and filing requirements of the engineering construction project.
1. Engineering survey and design projects need to provide public * * * resource transaction application form, project approval, bidding scheme, planning and design conditions or topographic map or land red line map, project description, entrusted bidding agency agreement and other materials;
2. The design and construction integration project (general contracting mode) shall provide the application form for public resources transaction, project approval or preliminary design, bidding scheme, planning and design conditions or topographic map or land red line map, project description, entrusted bidding agency agreement and other materials;
3. Engineering construction projects need to provide public * * * resource transaction application form, preliminary design approval, design drawings, technical data and drawings (water conservancy projects have design documents that can meet the bidding requirements), bidding control price, bill of quantities and filing materials, bidding scheme, project description, entrusted bidding agency agreement and other materials;
4. Engineering supervision (goods) projects need to provide public * * * resource transaction application form, project approval (water conservancy projects and highway projects provide preliminary design approval documents), bidding scheme, project description, entrusted bidding agency agreement and other materials.
Second, implement a collective decision-making system.
(A) collective research decision-making procedures
For a construction project invested by state-owned funds, the tenderer shall start the bidding procedure after the collective study agrees to the bidding scheme and bid evaluation method. For engineering construction projects with financial capital investment budget of 50 million yuan or more, the tenderee shall first fully communicate with the public * * * resource transaction supervision department on the bidding scheme and bid evaluation method, and start the bidding procedure after the collective research of the leading group of the unit and the approval of the responsible comrades in charge of the tenderee. Among them, the financial capital investment budget of 654.38+0 billion yuan and above should also be reported to the government executive meeting or special meeting before starting the bidding procedure.
(B) the focus of collective research
1. Bidding mode. The tenderer shall select the bidding method in strict accordance with the Bidding Law and its implementing regulations, the Government Procurement Law and its implementing regulations and other relevant laws and regulations. For construction projects that must be subject to tender according to law, the public bidding method shall be chosen according to law. In accordance with the statutory circumstances and approved by the competent authorities, you can choose to invite public bidding; In accordance with the provisions of Article 66 of the Bidding Law or Article 9 of the Regulations for the Implementation of the Bidding Law, the bidding may not be conducted. If the government procurement project is not subject to tender according to law, the procurement shall be conducted in accordance with Article 25 of the Regulations for the Implementation of the Government Procurement Law and the Reply of the Treasury Department of the Ministry of Finance on Relevant Legal Issues Concerning the Application of Government Procurement Projects (Treasury Memorandum [2020] No.385).
2. qualifications. The tenderee shall, in combination with the characteristics and needs of the construction project, formulate the construction, survey and design in strict accordance with the Qualification Standards for Construction Enterprises (JJ [2065 438+04] 159) and the Notice on Simplifying Some Indicators of Qualification Standards for Construction Enterprises (JJ [2065 438+06]226) issued by the Ministry of Housing and Urban-Rural Development.
3. Performance award. The tenderer shall strictly implement the guidelines for the preparation of tender documents (bid evaluation methods), simplify the requirements for performance awards, and generally do not set performance awards for engineering construction projects with relatively simple technology and lowest qualifications. For the extra-large or technically complex engineering construction projects that really need to set performance awards, the time requirements, specific scope and awarding institutions of similar performance shall be clearly defined, and performance awards that obviously exceed the characteristics and needs of the project shall not be set, and performance awards in specific administrative regions and specific industries shall not be regarded as.
4. Credit evaluation. The tenderee shall conscientiously implement the policy requirements of national provinces and cities on the application of credit evaluation scores and actively apply the credit evaluation results of national provinces and cities. Housing construction municipal projects should use the credit evaluation results of housing construction system, and transportation and water conservancy projects should use the credit evaluation results of national or provincial transportation and water conservancy systems.
5. Support policies. The tenderer shall strictly implement the relevant policies of the state, provinces and cities to promote the development of small and medium-sized enterprises and local construction enterprises, especially the policy of encouraging the tenderer to adopt consortium bidding for super-large housing construction and municipal infrastructure projects.
6. Other important matters. The tenderer shall also study important matters such as the scope of bidding, construction period, quality standards, payment method and proportion of project funds, main terms of the contract and so on in accordance with relevant regulations.
Third, implement the registration commitment system.
In order to further improve the efficiency of public * * * resources trading services, compress the project trading cycle and speed up the project landing, the project registration is subject to the commitment system. When registering a project, the tenderer shall indicate in the project description that the bidding scheme and bid evaluation method of the project have been agreed by the leading group of the unit through collective research, and a collective decision-making system shall be implemented. At the same time, it is promised that the content and bid evaluation method of the bidding scheme will meet the requirements of the existing national, provincial and municipal laws, regulations and relevant normative documents.
Fourth, encourage publicity before bidding.
(1) According to the requirements of Opinions of the State Council on Developing Pilot Work of Business Environment Innovation (Guo Fa [2021] No.24), the tenderee is encouraged to publish the bidding plan in advance through the website of the company and the website of the public resource trading center, mainly including the name of the bidding project, bidding demand, budget amount and estimated bidding time. The bidding scheme should be announced as soon as possible, in principle, not later than 30 days before the announcement of the bidding, and the content should be as clear and complete as possible, so as to facilitate potential bidders to know the bidding information in advance, improve the transparency of the bidding activities, and ensure all kinds of market entities to participate in the bidding activities on an equal footing.
(2) According to the Measures for Publicity of Bozhou Public * * * Resource Trading Projects before Pre-tender Price (Bo [2021] No.29), for engineering construction projects with complex technology or special nature, and it is difficult to determine the rationality of technical requirements, the tenderee is encouraged to publicize the bidding scheme, bid evaluation methods and other contents on the website of the unit and the public * * * resource trading center. And the publicity time is not less than 3 in principle. After the publicity, the tenderee shall revise and improve the bidding scheme and bid evaluation method according to the feedback, organize the competent department of industry and the comprehensive supervision department of public resources trading to conduct joint evaluation when necessary, or invite relevant experts to demonstrate. If a joint hearing is held or experts are invited to demonstrate, in principle, the joint hearing or experts' opinions shall prevail.
Fifth, conscientiously implement the work.
(1) All localities and units should attach great importance to it, establish and improve the internal control system and decision-making restraint mechanism for bidding and tendering of construction projects, strictly implement the provisions on collective decision-making, and carry out bidding work according to laws and regulations. If the tenderer fails to implement the collective decision-making procedure according to the above requirements, the bidding procedure shall not be started. In addition to the above requirements, the bidding decision-making procedure of agent construction projects should also implement the promulgated relevant regulations.
(two) to seek truth from facts, not to resort to deceit, and be responsible for the authenticity and effectiveness of the relevant documents and materials provided.
(3) The comprehensive supervision department of public * * * resource transactions should take the lead in implementing the work, strengthen supervision and management, improve the working system, optimize the work flow, improve the service efficiency and quality, carry out special inspections in time, and report the inspection results in time. If the tenderer fails to strictly implement the collective decision-making procedure for bidding, practices fraud and refuses to correct it, it should be reported to the relevant departments for handling.
This opinion will be implemented as of June 65438+ 10/day, 2022.
Attachment: List of Main Decision-making Matters in Construction Project Bidding
202165438+30 February.
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