2009 is a crucial year for maintaining growth, expanding domestic demand and adjusting structure. Implementing the central government's efforts to expand domestic demand and promote steady and rapid economic growth decision-making, further strengthen the supervision and management of bidding and tendering for project construction, and manage and optimize government investment, standardize bidding and bidding market order, ensure project project quality and capital security, and improve investment efficiency. It is very important. In order to conscientiously implement the deployment and requirements of the Central Economic Work Conference, the Third Plenary Session of the Seventeenth Central Commission for Discipline Inspection and the Second Clean Government Work Conference of the State Council, the following opinions are proposed on further strengthening the supervision of bidding and tendering for construction projects.
I. Guiding ideology
Adhere to the scientific development concept as a guide, closely focus on the Party Central Committee and the State Council to expand domestic demand to promote steady and rapid economic growth decision-making, and standardize government investment project bidding and bidding as the current important task, strictly implement the provisions of the Tendering and Bidding Law, and adhere to the law. Focus on standardizing and improving the bidding and tendering system, strengthen supervision and law enforcement; strengthen anti-corruption construction in the field of bidding and tendering in engineering construction, seriously investigate and deal with cases of violations of law and discipline; effectively improve work style, improve administrative efficiency, strengthen coordination and coordination of departments, and deploy for major central decision-making The implementation of the implementation provides a strong guarantee.
Second, the main task
(1) Adhere to the unification of rules and provide institutional guarantees. First, promote the promulgation of the "Regulations on the Implementation of the Bidding Law", unify the bidding and bidding rules, and enhance the operability of the law. The National Development and Reform Commission and the State Council's administrative department for bidding and tendering actively cooperated with the Legislative Affairs Office of the State Council to do a good job in the revision and improvement of the Regulations on the Implementation of the Tendering and Bidding Law, and promptly promulgated and implemented them. The second is to carry out the clean-up work related to the tendering and bidding. In accordance with the requirements of the Party Central Committee and the State Council on expanding domestic demand to promote steady and rapid economic growth, it is necessary to focus on clearing whether there are provisions for illegally setting administrative licenses, qualification verification, registration, etc., which are in conflict with the Tendering and Bidding Law; There are provisions for restricting the use of domestically produced equipment by setting discriminatory provisions, as well as excluding or restricting the monopoly and regional blockades of foreign companies, and whether there are other inconsistencies with the Tendering and Bidding Law, affecting the expansion of domestic demand and promoting the decision-making of economic growth. . Promptly put forward opinions on revision or abolition, and announce the results of the clean-up to the public. The third is to promote the formation of a unified standard construction bidding documents system. The relevant competent department of the State Council shall, in accordance with the “Standards for the Pre-qualification of Standard Construction Bidding†and the “Standard Construction Bidding Documentsâ€, combine the construction characteristics and management needs of the industry, and revise, prepare and publish the industry model as soon as possible. Eligible government investment projects and other projects identified by various departments should use standard bidding documents as required. The National Development and Reform Commission should work with relevant departments to speed up the preparation of a concise standard bidding document suitable for bidding for small and medium-sized construction projects. Fourth, implement the requirements of the State Council's equipment manufacturing industry adjustment and revitalization plan to strengthen the procurement management of investment projects, and study and formulate specific measures to regulate the procurement management of investment projects in the central budget to ensure the implementation of independent innovation equipment procurement programs.
(2) Strengthen supervision and management to ensure safe and efficient investment. Government investment projects should be regarded as the key targets of bidding and bidding supervision and management, and the scope of bidding, bidding methods and forms of bidding should be strictly approved to ensure that public bidding should be carried out on projects that should be openly tendered according to law. It is necessary to strictly implement the provisions of the Tendering and Bidding Law and resolutely correct the illegal restrictions on the setting of restrictive conditions to exclude potential bidders and restrict competition. Bidding documents may not require or identify specific production suppliers and other content that has a tendency to or exclude potential bidders. Government investment projects are purchased by the government and should be purchased in addition to statutory circumstances such as the project, goods or services that need to be purchased are not available in China or cannot be obtained under reasonable commercial conditions. If it is necessary to purchase imported products, it must be reported to the relevant departments for review and approval in accordance with national regulations before the procurement activities are carried out. When using the central investment project, when approving the feasibility study report and the fund application report, the requirements for the bidding agency's qualifications and grades of the central investment project shall be increased according to the law. It is necessary to strengthen the supervision of the bidding announcement media designated by law, and regulate the issuance of bidding announcements. The tender notices of the bidding projects must be published in the media designated by law. It is necessary to strictly implement the time limit requirements s Establish and improve a legal, scientific and efficient monitoring system, strengthen the supervision and enforcement of the whole process, increase the tracking and supervision of the bidding of the winning bidding project, improve the bidding and reporting complaint handling mechanism of the project construction project, and seriously investigate and punish the construction project. Feel free to simplify the procedures to avoid bidding, false bidding, illegal change of contracts, and string violations. Relevant departments shall review the contents of the commitment to purchase independent innovation products and supervise the implementation of major national construction projects and other projects that use financial funds to purchase major equipment and products when approving fund application reports or approving project application reports. During the implementation of the project, the development and reform, industry and informationization, and commerce departments shall, in accordance with the division of responsibilities, strengthen the supervision and enforcement of bidding activities for industrial projects such as equipment manufacturing and imported mechanical and electrical equipment procurement projects. Increase the investigation and punishment of violations such as discrimination and exclusion of bids. For all or part of the use of government investment projects, the use of discriminatory conditions in the bidding documents, indirect or direct designation of procurement of foreign brand products or functional components, restrictions on the use of domestic equipment, illegal activities, in accordance with relevant laws and regulations to pursue their legal responsibilities. All regions and relevant departments should select key government inspections for government investment projects with large investment scale and wide social impact. The supervisory organ shall strengthen the supervision over the bidding and bidding law enforcement activities. For the leading cadres to use the powers to violate the regulations and intervene in the project construction bidding and tendering, in the process of bidding and bidding, the powers of money transactions, dereliction of duty and other violations of law and discipline, etc., must be seriously investigated and punished, typical cases must be Public exposure.
(3) Promote information disclosure and enhance transparency. It is necessary to actively promote the disclosure of bidding information in accordance with the principle of openness and transparency. Information on the approval of bidding matters, pre-qualification announcements, tender notices, successful bid winners, and winning bids must be disclosed to the public. It is necessary to promptly implement the announcement system for the record of violations of bidding and tendering, increase the disclosure of illegal behavior records, and promote the awareness of self-discipline of market entities. The departments and places that have not yet established the bidding and bidding illegal notice record publicity platform shall be established as soon as possible in accordance with the requirements of the Interim Measures for the Bidding and Tendering of Unlawful Behavior Record Announcement; where the conditions are mature, it is necessary to promote the establishment of a unified bidding and bidding illegal activity record announcement platform. Realize the interconnection and mutual recognition of information. All regions and relevant departments shall conduct self-inspection on the establishment and operation of the notice platform for bidding and bidding violations before the end of the year. Strengthen the construction of public service platform for bidding and bidding, and study and set up a comprehensive evaluation expert database. Accelerate the construction of the tendering and bidding credit system. Actively promote the pilot project of electronic bidding and tender, and timely summarize the pilot work experience.
Third, the job requirements
(1) Strengthen organizational leadership and implement it. Strengthening the supervision and management of bidding and bidding for engineering construction, standardizing and perfecting the bidding and tendering system is an objective requirement for improving the socialist market economic system, and is also an important guarantee for implementing the central government's policy of expanding domestic demand to promote steady and rapid economic growth. It is necessary to further unify thoughts and raise awareness. In particular, according to the new situation of large-scale government investment and new projects this year, combined with the characteristics of the region and the industry, under the premise of strictly implementing legal procedures, research and propose to improve work style and simplify Specific measures for examination and approval procedures and improvement of examination and approval efficiency may take the form of unified examination and approval, joint examination and approval or centralized examination and approval, and effectively improve the effectiveness of work and the level of supervision. All regions and relevant departments must strengthen leadership, carefully deploy, clarify tasks, implement responsibilities, and effectively fulfill the duties of supervision and management of bidding and bidding to ensure that supervision is in place.
(2) Improve coordination mechanisms and enhance work synergies. It is necessary to establish and improve an effective coordination mechanism for bidding and bidding work, strengthen coordination and coordination among regions and departments in formulating rules, supervision and inspection, and information communication, and form a regulatory framework that combines bargains, linkages, and joint management. It is necessary to improve the supervision and law enforcement cooperation mechanism, implement the cooperation and coordination mechanism between the competent department of the industry and the supervisory authority in the handling of illegal and disciplinary clues and case investigations in bidding and bidding, ensure the smooth flow of information channels, and promote the coordinated development of national bidding and bidding supervision and management.
(3) Pay attention to investigation and research and sum up experience in a timely manner. All localities and relevant departments should pay close attention to the implementation of the central government's policy of expanding domestic demand to promote economic growth, timely study the outstanding contradictions and problems exposed in the field of bidding and tendering, sum up experience, grasp the law, and propose solutions. Some general problems encountered by relevant local departments in their work can be reported directly to the higher authorities. For major matters involving multi-sector tendering and bidding activities, the relevant departments of the State Council shall promptly submit a meeting of the inter-ministerial coordination mechanism for bidding and bidding to jointly promote the healthy development of the bidding and bidding market.
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