Development and Reform Commission plans to amend the "Regulations for the I
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" Tender Tender Law Implementing Regulations "(hereinafter referred to as" Regulations ") of scientific and operational, 31 July-1 August, the National Development and Reform Commission held in Jiangxi Province and Regulations" Regulations "forum, listen to the tenderer, tender person, the tender Proxy Institutions such as the views of market players. The meeting was chaired Regulation Department Director Long term, from Beijing, Shanghai, Shandong, Chongqing, Shaanxi nearly 20 companies participated in the discussion. State Council Legislative Affairs Finance Division, the comrades of the Chinese Association for bidding, and the "Regulations" of World Bank aid projects domestic consultants attended the meeting.
Comrade Long term, the reform and opening up, especially the "Bidding" After the implementation of bidding developed rapidly, in optimizing resource allocation, procurement quality assurance has played an important role. As the bidding market, the practice revealed some contradictions and problems in urgent need through a sound system and perfect the mechanism to resolve. To this end, the State Council decided to establish "regulations" and included consecutive 3-year legislation plan. As the "Regulations" drafting units, 3 years, the National Development and Reform Commission depth investigation and study, listen to opinions from all sides, from determining the drafting of ideas, to officially form the first draft for comments, a lot of work. "Regulations" technical, practical and must pay close attention during the drafting of the bidding market players, especially the views of frontline staff. This year, the organization held a total of 5 seminars, which listened to the views of market players, there 3 times. The meeting was "Ordinance" submitted to the State Department plans to hold before the last forum, in order to further listen to the views of market players on behalf of proposed changes to better improve the "Regulations."
Comrade participants agreed that the development of "regulations" for the uniform rules of tendering law, to solve the current bidding outstanding problems in the field, is necessary and timely, "Regulations" the general framework and main contents are basically feasible. The meeting discussed mainly the following aspects: First, the project on franchise bidding. Franchise bidding for the project has many different characteristics of the general project bidding, the proposed project clearly franchise bidding does not apply "regulations," specific measures shall be formulated separately. Second, the mandatory tender on the scope and scale of the standard. Arbitrary extension of compulsory tender in some places, lowering the standard scale, resulting in a large number of small-scale project must also be tender, is not the economy, the proposed abolition of local governments in the region to determine their own scope and scale of mandatory standard bidding authority, or local government authority limited to government projects. Third, companies bidding on the central administrative oversight. As the central and local administrative oversight responsibilities are not clearly demarcated, some local governments interfere with companies bidding activity, especially tender location designated by force, so that companies can not focus on the central tender form scale, proposed in accordance with the "who approved, who control" principle, clear administrative supervision of central enterprises bidding management. Fourth, can not tender on the case. "Regulations" section 7 of the tender may not be the case on the provisions, some need to further enhance maneuverability. For example, how to judge the contractor, supplier or service provider less than 3; with appropriate qualifications, to their own construction, production or provided, whether to include wholly owned and controlled subsidiary, is not clear enough; "influence function of supporting the requirements" determine the standards are not clear, easily used to circumvent the bidding. Fifth, on the tendering agency. Malicious competition more prominent, and suggest a standard, the choice of tendering agency should be inspected in its service plan to ban malicious price competition; tender qualification sector agencies are not unified, qualification standards are not the same, a number of industries eligible for the tender agent determined threshold is low, too many tender agent, suggesting the subject and the standards identified. Sixth, on the bid bond. Proposal to allow a bond by the bonding company, and allows bidders to choose the form of bid bond; for the ratio of bid security, and some that should be raised, and some consider it more appropriate regulations, and some that should set the absolute amount restrictions; recommended further research bidders bid security should be transferred out of the provision of basic accounts. 7 is about the lowest bid. Base price shall be reasonable and in line with the general price level; base price in the opening of tenders should be open; should further clarify the relationship between the base price and the price ceiling; should be required to base price of an error or what should be the preparation of low quality. 8 is the general contractor on the tender.
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