Notice on Several Issues Regarding Further Regulation of Tendering and Bidding Activities
Yufa Reform Regulation  No. 344
Provincial municipalities, county development and reform commissions, supervision bureaus, public resource trading centers, and relevant provincial departments:
With the rapid development of our province's economy, the bidding and bidding activities for construction projects have increased year by year, and public resource trading places (centers) in various places have played an active role in bidding. However, at present, some problems of illegal or irregular behavior in the bidding and tendering activities in our province are relatively prominent, which directly affects the order of the bidding and bidding market and has a strong social response. In order to further regulate the behavior of bidding and tendering, in accordance with the relevant provisions of the Tendering and Bidding Law and the Regulations for the Implementation of the Tendering and Bidding Law, the relevant issues are hereby notified as follows:
I. Select tendering agencies in accordance with the law and regulate the behavior of tendering agencies. Tenderers of engineering construction projects independently select bidding agencies in accordance with the law, and no unit or individual may intervene. Tendering agencies shall conduct bidding agency activities in accordance with the scope of the corresponding qualification levels identified and the authority entrusted by the bidders in accordance with the law, stop and ban unqualified or beyond the scope of qualifications to conduct bidding agency business, and prohibit the illegal lease, forgery, alteration of the use of agency qualification certificates And agency performance, prohibiting vicious competition at low prices. Tendering agencies shall operate in accordance with the law and compete on an equal footing. It is strictly forbidden to violate laws and regulations, falsify, infringe upon public interests, and infringe on the legal rights and interests of the bidder or other relevant entities. For serious violations of laws and regulations, the qualification of bid invitation agency shall be cancelled in accordance with the law.
2. Define responsibilities and regulate the behavior of public resource trading venues (centers). Public resource trading venues (centers) shall, in accordance with the principles of public services and fair trading, provide venues and information services for bidding and bidding activities, and facilitate government supervision. Public resource trading venues (centers) serve all parties in bidding and bidding, and should not be for profit, cannot replace the bidder's duties, cannot play the role of a bidding agency, and cannot perform administrative supervision duties. It shall not exceed its authority or illegally interfere in matters that should be decided by the main body of the bidding market in accordance with the law, and it shall not illegally interfere in the bidding process, affecting the results of bid opening, evaluation and winning.
3. Open market access and maintain market competition. In accordance with the principle of marketization, break industry monopolies and regional blockades, and standardize administrative actions in bidding and bidding activities. Bidding agencies may conduct business across regions or industries according to law, and no region or department may restrict it by registering, filing, or setting preconditions without authorization. Public resource trading venues (centers) shall provide convenient and standardized venues and information services for bidding agents and bidders to enter the region and the industry to conduct bidding and bidding business.
4. Collect bidding agency fees in accordance with the law and regulate service charging behavior. The bidder or bidding agency collects and refunds the bid security in accordance with the law, collects the cost of selling the bidding documents, and obtains the bidding agency service fee in accordance with national regulations. The bidding and tendering service items and charging standards of public resource trading venues (centers) shall be regulated in accordance with the law, and fees of various names shall not be collected in addition to the provisions of laws and regulations. Public resource trading venues (centers) shall strictly implement the charging items and standards approved by the provincial price authority, and shall not charge fees without approval. Various fees and charges shall be made public.
Fifth, carry out bid evaluation activities in accordance with law, and legally obtain bid evaluation rewards. The bid inviting party shall set up a bid evaluation committee in accordance with the law to carry out bid evaluation activities. Except for bid evaluation experts, bidders or their entrusted bid invitation agencies, and personnel of the industry administrative supervision department, personnel from other departments shall not participate in on-site bid opening and bid evaluation activities, and shall not illegally interfere in bid opening and bid evaluation activities. Tenderers or bidding agencies are prohibited from issuing "labor fees" and "appearance fees" to non-bidding evaluation experts, and staff of state agencies who are not bid evaluation experts are prohibited from collecting "labor fees" and "appearance fees". Staff of state agencies who are not bid evaluation experts who collect or request compensation such as "labor fees" and "appearance fees" shall be dealt with seriously in accordance with relevant regulations. Bid evaluation experts' labor remuneration shall be implemented in accordance with the guidance of industry associations. Bid evaluation experts shall not request high bid evaluation remuneration by means of idle work and strikes.
6. Strengthen industry supervision and management and improve relevant rules and regulations. Each administrative supervision department shall, in accordance with the division of responsibilities, carry out bidding and tendering administrative supervision and management in accordance with the law, strengthen administrative law enforcement and increase investigation and punishment for illegal and illegal activities in bidding and tendering activities. Governments above the county level, relevant departments, and public resource trading venues (centers) must carefully clean up the rules and regulations and regulatory documents that have been issued in accordance with the Tendering and Bidding Law and the Implementing Regulations of the Tendering and Bidding Law. Revised, the abolition should be abolished in time to provide a good market environment for bidding activities.
All departments and relevant units at all levels must conscientiously implement the above provisions. The supervisory authority shall strengthen the administrative supervision of the bidding and tendering administrative supervision departments and public resource trading venues (centers). To give full play to the role of social supervision, relevant industry supervision departments must promptly investigate and handle complaints and reports on bidding and tendering in accordance with laws and regulations.
Development and Reform Commission of Henan Province
Henan Provincial Supervision Department
年2月8日 February 8, 2014