General Office of the State Council on Innovating and Improving System and Mechanism
Opinions on promoting the standardized and healthy development of the bidding market
GBF [2024] No. 21
People's governments of provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions of the State Council, and institutions directly under the State Council:
The bidding market is an important part of the national unified market and high standard market system, which plays an important role in improving the efficiency and efficiency of resource allocation and continuously optimizing the business environment. In order to innovate and improve the system and mechanism and promote the standardized and healthy development of the bidding market, the following opinions are proposed with the consent of the State Council.
1、 General requirements
Innovate and improve the system and mechanism, promote the standardized and healthy development of the bidding market, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the Twentieth National Congress of the Communist Party of China, completely, accurately and comprehensively implement the new development concept, accelerate the construction of a new development pattern, focus on promoting high-quality development, and adhere to a better combination of effective markets and promising governments, Focus on giving play to the role of competitive bidding in selecting the best, reform and innovate the design of the bidding system, promote the digital transformation and upgrading in depth, accelerate the realization of the whole process and chain supervision, adhere to the principle of "one game for the whole country", resolutely break the fragmentation and industrial barriers, and promote the formation of an efficient, standardized, fair and fully open bidding market, Promote the smooth flow of commodity factor resources in a wider range, and provide strong support for building a high standard market system and a high-level socialist market economy system.
——Adhere to the problem orientation and treat both symptoms and root causes. Faced with the prominent contradictions and deep-seated problems in the field of bidding, we took targeted measures to remedy the persistent problems such as the lagging system and rules, the failure to implement the main responsibilities, the difficulty in breaking down the trade barriers, and the non-standard market order, and gradually formed a long-term mechanism to promote the standardized and healthy development of the bidding market.
——Adhere to the concept of system and coordination. Strengthen forward-looking thinking, overall planning, strategic layout, and overall promotion, deepen the integration of systems, technology, and data, improve the level of cross regional and cross industry collaboration, better mobilize the enthusiasm of all aspects, promote the formation of a pattern of joint construction, governance, and sharing, and effectively pool the joint efforts of bidding market construction.
——Adhere to classified policy and precise force. We will improve the bidding system, rules and standards in accordance with the idea of combining unified bidding with separate bidding, and grading and classifying bidding. We will coordinate short-term and medium - and long-term policies and measures to improve the accuracy and effectiveness of bidding market governance.
——Adhere to innovation and guidance, enable and increase efficiency. We will continue to strengthen innovation in the rules of the bidding system, operation mode, trading mechanism, and regulatory system, improve trading efficiency, reduce transaction costs, standardize market order, and promote the transformation and upgrading of the bidding market.
2、 Perfect the bidding system
（1） Optimize the design of institutional rules. We will accelerate the revision of the Bidding Law, the Government Procurement Law and relevant implementing regulations, and strive to remove institutional barriers that restrict the construction of a high standard market system. We will accelerate the improvement of the basic rules and implementation rules for classified and unified bidding and tendering transactions, optimize bidding and tendering procedures, and promote the independent and orderly flow of elements. Explore the preparation of fair competition index in the bidding market. Accelerate the construction of a scientific and standardized bidding transaction standard system, develop digital bidding procurement technical standards according to different fields and specialties, and meet the professional transaction needs of various projects. Establish a credit evaluation index system of unified grading and classification in the bidding field, and standardize the application of bidding credit evaluation.
（2） Strengthen the coordination and connection of laws, regulations and policies. Implement the fair competition review rules in the bidding field, improve the complaint, handling and response mechanism of bidding transaction barriers, and timely clean up the regulations and practices that violate fair competition. Governments at all levels and their departments shall formulate laws and policies related to bidding, strictly implement the requirements of public consultation, legality review, fair competition review, etc., shall not interfere with the autonomy of tenderers and bidders, and shall not illegally set restrictions in areas, industries, forms of ownership, etc.
3、 Implement the main responsibility of the Tenderee
（3） Strengthen the main position of the tenderee. Respect and protect the legal rights of the tenderee. No unit or individual may interfere with the tenderee's decision-making power in selecting a bidding agency, preparing bidding documents, and appointing representatives to participate in bid evaluation. Classify and revise the bidding documents such as survey, design, supervision, construction and general contracting. Strengthen bidding demand management and bidding scheme planning, standardize the issuance of bidding plans, and encourage the publication of bidding documents in advance. Increase the publicity of bidding announcement, winning contract and performance information. The bidding announcement shall specify the administrative supervision department for bidding and tendering. Implement the responsibilities of the Tenderee in organizing bidding, handling objections, and supervising the performance of the contract. The state-owned enterprises' organization of bidding and participation in bidding will be included in the system of accountability for business investment and strictly managed.
（4） Improve the service mechanism of bidding agencies. We will formulate service standards and codes of conduct for bidding agencies, strengthen self-discipline in the bidding agency industry, and improve the mechanism for tenderers to manage and restrict bidding agency activities according to the entrustment contract. Accelerate the evaluation of the ability of bidding procurement professionals, study and improve the talent training mechanism related to bidding procurement, and improve the professional service level of bidding procurement. We will curb arbitrary charges in the bidding agency field and crack down on price violations such as price hikes. The bid invitation agency and its directly responsible personnel who have seriously violated the law shall be dealt with according to law and be banned from entering the industry.
（5） Promote the innovation of bidding procurement mechanism. Fully connect with international high standard economic and trade rules, and optimize domestic bidding procurement methods. Support enterprises to centrally organize and implement bidding procurement, and explore the formation of bidding procurement management mechanism that meets the needs of enterprise production, operation and supply chain management. Strengthen the connection between bidding procurement and non bidding procurement, and support flexible contracting of projects in scientific and technological innovation, emergency rescue, work relief, village construction, afforestation and grass planting.
4、 Improve bid evaluation and award mechanism
（6） Improve bid evaluation methods and mechanisms. The scope of application of the reviewed lowest bid price method is generally applicable to the bidding projects with general technology and performance standards or the tenderee has no special requirements for technology and performance. Highlight technical factors in the bid evaluation of survey and design projects and increase the weight accordingly. We will improve the procedures for the Bid Evaluation Committee to identify abnormal low prices, and reject low price bids that seriously affect performance according to law. Reasonably determine the bid evaluation time and the number of members of the bid evaluation committee. Fully promote network remote bid evaluation. Implement the evaluation of concealed bids with hidden bidder information. Actively pilot the objective quantitative evaluation of the qualification, performance and credit of bidders to improve the quality and efficiency of bid evaluation.
（7） Optimize the procedure for determining the winning bidder. Clarify the responsibilities of expert bid evaluation and the Tenderee's bid selection, further improve the bid selection rules, and ensure that the Tenderee can independently select the bid selection method according to the characteristics and needs of the bidding project and publish it in the bidding documents. Establish and improve the Tenderee's review procedure for the bid evaluation report. If the Tenderee finds any error in the bid evaluation report, it has the right to request the Bid Evaluation Committee to review and correct it. Explore the Tenderee's independent research to determine the successful bidder from the range of successful bidder candidates recommended by the Bid Evaluation Committee. Implement the whole process record and traceability management of the calibration.
（8） Strengthen the full cycle management of bid evaluation experts. Accelerate the sharing of bid evaluation expert resources across regions and industries. Optimize the professional classification of bid evaluation experts, strengthen the warehousing review, business training and integrity education of bid evaluation experts, and improve their ability to perform their duties. Ensure that bid evaluation experts carry out bid evaluation independently according to law, without any interference from any unit or individual. The organization of the bid evaluation expert database shall establish and improve the whole chain management system from expert selection to assessment supervision, improve the system specifications such as fair performance commitment and confidentiality management of bid evaluation experts, establish mechanisms such as daily assessment and evaluation, dynamic adjustment and rotation of bid evaluation experts, and implement the lifelong responsibility of bid evaluation experts for the bid evaluation results.
5、 Promote digital and intelligent transformation and upgrading
（9） Accelerate the application of digital intelligence technology. Promote the integration and development of bidding and big data, cloud computing, artificial intelligence, blockchain and other new technologies. We will formulate and implement national unified technical standards and data specifications for electronic bidding, and promote electronic transactions throughout the whole process for projects that must be tendered according to law. We will accelerate the interconnection of information among bidding and tendering trading entities across the country, and realize mutual recognition and sharing of business entity registration, qualification, performance, credit and other information. Accelerate the national mutual recognition of digital certificates in the field of bidding, and support the promotion and application of electronic business licenses. Promote the associated application of fixed asset investment project codes and bidding transaction codes. Fully promote the payment of bid bond, performance bond and project quality bond in the form of electronic guarantee (insurance).
（10） Optimize the electronic bidding platform system. Plan the construction of electronic bidding platform as a whole to improve the level of intensification. People's governments at or above the municipal level with districts should optimize the public service platform for electronic bidding in accordance with the principles of government leadership, connectivity, openness and sharing. Support social forces to build and operate the bidding electronic trading system in accordance with the principles of marketization, specialization and standardization. The electronic trading system shall be open to all kinds of professional trading tools. No unit or individual may designate a specific electronic trading system or trading tool for the business entity.
6、 Strengthen collaborative and efficient supervision and management
（11） Responsibility of compaction administrative supervision department. Further rationalize the administrative supervision system of bidding, and explore the establishment of a collaborative mechanism combining comprehensive supervision and industry supervision. Clarify the responsibility chain, prepare a list of administrative supervision responsibilities in different fields, clarify the competent department and the scope, procedures and methods of supervision, and eliminate the blind areas of supervision. For matters with ambiguous regulatory boundaries and disputed responsibilities, the local people's government shall define the competent departments and regulatory responsibilities in accordance with the principle of centralized management, simplification and efficiency.
（12） Strengthen multi-level and three-dimensional supervision. Strengthen the organic connection between bidding and investment decision-making, quality and safety, completion acceptance and other links, open up the approval and supervision business information system, improve the integrated supervision capability of engineering construction, strengthen the linkage between bidding market and performance site, and improve the whole chain and whole field supervision before, during and after the event. Promote credit grading and classification supervision. Give play to the role of industry organizations and improve the level of self-discipline in the industry. Improve the standards and procedures for the administrative supervision department of bidding and tendering to transfer clues to the discipline inspection and supervision organs, judicial organs, etc., promote greater patrolling and auditing supervision, transfer clues that harm the national interests or social and public interests to the procuratorial organs as public interest litigation clues, transfer clues that collude with serious acts of bidding to the public security organs, and transfer the party and government organs Public officials of state-owned enterprises, institutions, people's organizations and other units use their functions and powers to seek illegal interests and take bribes and transfer the clues to the discipline inspection and supervision authorities. Establish a feedback mechanism for the handling of transfer clues to form a management loop.
（13） Accelerate smart supervision. Innovate the digital supervision mode of tendering and bidding, promote the transformation of on-site supervision to the whole process digital supervision, improve the functions of the electronic supervision platform of tendering and bidding, unblock the supervision channels of the administrative supervision department of tendering and bidding, discipline inspection and supervision organ, judicial organ and audit organ, and establish an open and collaborative supervision network. The administrative supervision department of bidding and tendering should establish digital law enforcement rules and standards, and use new regulatory means such as off-site, Internet of Things awareness, handheld mobile, and penetration to further improve regulatory effectiveness. Increase the random inspection of bidding documents, strengthen the analysis and comparison of similar project qualifications and business conditions by digital means, and focus on the inspection of abnormal bidding documents.
7、 Create a standardized and orderly market environment
（14） Strictly crack down on illegal bidding activities. We will establish and improve the standards and norms for administrative law enforcement of bidding and tendering, and improve the benchmark of administrative penalty discretion. In accordance with the law, we will intensify the punishment of illegal and criminal acts, such as excluding and restricting potential bidders, evading bidding, colluding in bidding, and seeking to win the bid by offering bribes, and crack down on subcontracting and illegal subcontracting. Timely organize cross department joint law enforcement, and focus on tackling prominent problems in the field of project construction. We will promote the revision of relevant criminal laws and severely punish the criminal activities of bidding according to law. Play the role of mediation, arbitration, litigation and other dispute resolution mechanisms, support business entities to safeguard their legitimate rights and interests according to civil contracts, and promote diversified solutions to bidding disputes. We will improve the mechanism for handling bidding complaints and curb malicious complaints.
（15） We will continue to clean up regulations and practices that hinder the construction of a unified national market and fair competition. We carried out a special review of bidding laws, regulations and policy documents, comprehensively checked laws, regulations, normative documents and other policy documents and model texts, and revised and abolished those with unreasonable restrictions such as ownership discrimination, industrial barriers, and local protection in accordance with the prescribed authority and procedures. We should sort out and standardize the administrative examination and approval, licensing, filing, registration, registration and other matters in the field of bidding and tendering, and should not implement administrative examination and approval in the name of public services, trading services, etc. in disguised form.
8、 Improve the effectiveness of bidding policies
（16） Improve the incentive mechanism to support innovation. Improve the tendering and bidding mechanism for the first set of major technical equipment. The participation of the first set of major technical equipment in tendering and bidding is deemed to meet the requirements of market share, use performance, etc., and the first set of major technical equipment that has been insured will generally not be charged with quality deposit. Encourage state-owned enterprises to purchase and order innovative products and services through bidding.
（17） Optimize the promotion and application mechanism of green bidding procurement. Prepare the green bidding procurement demonstration text, guide the tenderee to reasonably set the green bidding procurement standards, and clarify the requirements for environmental protection, energy conservation and low-carbon for raw materials, production and manufacturing processes, etc. The tenderee is encouraged to determine bid evaluation criteria and establish a green supply chain management system by comprehensively considering production, packaging, logistics, sales, service, recycling and reuse.
（18） We will improve the policy system that supports the participation of small and medium-sized enterprises. Optimize policies and measures to support the development of small and medium-sized enterprises in the field of engineering construction bidding, and increase support for small and medium-sized enterprises to participate in bidding by reserving shares, improving bid evaluation standards, and increasing the proportion of down payment. Encourage large enterprises and small and medium-sized enterprises to form a consortium to participate in bidding, and promote complementary advantages and resource integration among enterprises. We will explore how to include support for small and medium-sized enterprises to participate in bidding as part of the social responsibility assessment of state-owned enterprises.
9、 Strengthen organizational implementation guarantee
（19） Strengthen organizational leadership. Adhere to strengthening the overall leadership of the Party and the centralized and unified leadership of the Party Central Committee, and implement the leadership of the Party in the whole process of promoting the standardized and healthy development of the bidding market in all fields. The National Development and Reform Commission should strengthen overall planning and coordination, refine and implement various tasks, and promote the implementation of inventory. The Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Housing and Urban Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, and the State owned Assets Supervision and Administration Commission of the State Council should, according to their responsibilities, improve the work promotion mechanism and solidly promote the implementation of various tasks in detail. The people's government at the provincial level should clarify the timetable and road map, integrate forces, seize the key points, and pay close attention to the implementation, so as to ensure that all tasks are implemented effectively. We will improve the regular accountability mechanism. Those who fail to supervise and enforce the law will be held accountable in accordance with laws and regulations. Major issues shall be reported to the Party Central Committee and the State Council in a timely manner.
（20） Create a good atmosphere. Respect the initiative of the people, encourage local and grass-roots organizations to actively explore, and encourage bold innovation in reforming the bidding management system, improving the bid evaluation and award mechanism, implementing the whole process electronic bidding, and promoting digital intelligent supervision. The National Development and Reform Commission, together with relevant departments, should follow up the progress of innovation and improvement of the bidding system and mechanism in a timely manner, strengthen dynamic monitoring and regular evaluation, solidify effective experience and practices in an appropriate form and promote them in a wider range. Strengthen publicity, interpretation and public opinion supervision, and create a social environment conducive to the standardized and healthy development of the bidding market.
General Office of the State Council
May 2, 2024
(This document is publicly released)
