Focusing on housing construction and municipal engineering, the Sichuan Provincial Department of Housing and Construction has also issued the Notice on Doing a Good Job of Systematic Governance of Outstanding Problems in the Field of Bidding and Tendering for Housing Construction and Municipal Engineering (hereinafter referred to as the Notice), which systematically strengthens the industry supervision of bidding and tendering activities on the basis of the Notice on Carrying out the Special Rectification of Outstanding Problems in the Field of Bidding and Tendering for Housing Construction and Municipal Engineering in 2019.
Specifically, the Circular focuses on three major problems in the field of house building and municipal engineering bidding highlighted by incomplete electronicization, rampant violations of laws and regulations, and inadequate process supervision, and deploys systematic governance work.
1, the realization of the bidding of the whole process of electronic
December 2019 in Sichuan Province, three departments issued the "on the start of the provincial supervision of housing construction and municipal engineering bidding of the whole process of electronic trial operation notice" opens the survey, design, supervision, equipment and materials procurement bidding of the whole process of electronic trial work.
Trial process, the bidding documents are not uniform problems gradually exposed, such as Ziyang City in March 2020 required construction bidding to use the provincial Development and Reform Commission and the Provincial Department of Housing and Construction of the standard bidding documents prepared by the provincial Department of Housing and Construction of the survey, design, equipment purchases, materials procurement, supervision of the bidding category to use the Provincial Department of Housing and Construction of the standard bidding documents prepared by the Department of Housing and Construction; Chengdu Municipality, based on the Chengdu Municipality of housing construction and municipal infrastructure projects standard bidding document template. Standard Bidding Document Template for Chengdu Municipal Housing Construction and Municipal Infrastructure Projects" to carry out the preparation and filing of bidding documents. Cities (states) electronic bidding standard bidding documents are not uniform, not standardized not only constitutes a regulatory obstacle, but also often for the breeding of corruption to provide opportunities, and even to the quality of the project and the safety of buried hidden dangers. Therefore, the "Notice" proposed to form a perfect province's e-tendering standard bidding document system, to solve the system obstacles.
The trial process, bidding and tendering electronic limitations are not complete also surfaced. For example, in the evaluation of bids, June 1, 2017 onwards, Sichuan Province, the field of housing construction and municipal engineering has been fully implemented in the electronic evaluation of bids. However, off-site remote bid evaluation has not yet been normalized, and the cross-regional, cross-level, cross-system electronic bid evaluation system has not yet been constructed, all of which impede the full realization of the whole process of bidding and tendering electronically. Therefore, the Notice requires the full realization of the whole process of electronic bidding, bidding, bid opening and evaluation, and puts forward the work objectives of the whole process of electronic bidding system online by the end of October.
2, investigate and deal with illegal and irregular behavior in the construction market
The persistence of illegal and irregular problems of market players has undermined the fair competition in the construction market order and affected the healthy development of the bidding business.
First of all, the Notice puts forward the direction of centralized rectification for different market entities: for the bidders, it cracks down on the evasion of bidding (turning the project into zero or faking it in other ways), false bidding, setting up unreasonable conditions to restrict and exclude the potential bidders or bidders (e.g., setting up qualification conditions higher than the ones required for the project itself, and setting up other qualification qualification as bidding conditions and winning the bidding in the field where the qualification qualification has already been canceled by the state), and it also puts forward the direction of centralized rectification. qualifications as bidding conditions and winning conditions, etc.), interfering with bid evaluation or determining the winning bidder in violation of the law, etc.; for bidders, focusing on investigating and dealing with the phenomena of falsification, bid rigging, winning by fraud (exceeding the qualification level of the enterprise or using the name of other enterprises to undertake projects), and borrowing and relying on the license (transferring, lending the qualification certificates or otherwise permitting others to undertake the project in the name of the enterprise), etc.; for the winning bidders, focusing on rectifying illegal subcontracting, illegal sub-subcontracting, and illegal sub-subcontracting. Focusing on illegal subcontracting, illegal subcontracting, low bidding price and high price settlement, as well as not in accordance with the bidding documents to sign the contract, not in accordance with the contract to fulfill their obligations (the main management personnel at the construction site is inconsistent with the commitment, the person does not match the card, not in the performance of their duties, etc.).
Secondly, the Notice requires a comprehensive self-inspection and key verification of house building and municipal engineering projects under construction since 2019 that must be tendered in accordance with the law, and the competent authorities in charge of housing and construction at all levels are responsible for collecting, summarizing, and setting up accounts. Various prefecture-level cities have also made innovative deployments on this basis, such as Yibin City, which requires a comprehensive self-inspection and key verification of housing construction and municipal engineering projects tendered since 2019 by tiers; and Panzhihua City, which requires the organization of self-inspection by bidders, verification by industry departments, and sampling by municipal departments, to comprehensively regulate the behavior of bidders' market entities.
3, strengthen the whole process of bidding supervision
In addition to strengthening the standardization of bidding documents before bidding, bidding violations in the investigation and handling, the "Notice" also from the strengthening of the expert management, strengthen the management of intermediaries to fill the regulatory loopholes in the key parts of the process, and strive to build a legal, standardized, orderly bidding whole process of the regulatory system.
Centered around the evaluation process supervision, the "Notice" to evaluate the bidding experts as a grip, requiring the competent authorities at all levels of construction to increase the problem of discovery, timely transfer of illegal clues to the development and reform departments of the evaluation of the bidding experts, with the development and reform departments to strengthen the evaluation of the bidding process supervision, complete the evaluation of the bidding experts to train, and to explore the points of the system of management mode.
Centered around the supervision of intermediary activities, the "Notice" to strengthen the management of bidding agencies and practitioners, on the one hand, the deployment of the revised "Sichuan Province, engineering and construction project bidding agency approach", improve the bidding supporting regulations and management system; on the other hand, also proposed to explore the establishment of bidding agency credit management and evaluation mechanism, improve the multi-dimensional regulatory system, to address the bidding agency market management chaos! The problem of the market management of the bidding agency is chaotic.
In addition, the Ministry of Housing and Construction "on further strengthening the supervision of bidding for housing construction and municipal infrastructure projects," the proposed "strengthen the supervision of contract fulfillment after the bidding" should also be the next step in the direction of governance in Sichuan Province. Specifically, in addition to strengthening the construction market and construction site "two field" linkage, Sichuan Province can also continue to implement the "on the in-depth promotion of the construction project guarantee insurance work notice", improve the construction project guarantee insurance mechanism to strengthen the contract fulfillment, and ultimately to promote the high-quality development of the construction industry.
It is not difficult to find that the Sichuan for housing construction and municipal engineering bidding field of outstanding issues of systematic governance can be summarized as four points: make up for shortcomings in the work, enhance the effectiveness of bidding activities; strict investigation and handling of accountability, to ensure the legitimacy of the bidding activities; to strengthen the process of supervision and ensure that the bidding activities of impartiality; to improve the rules and regulations to ensure that the bidding activities of the fairness of the bidding activities. The only way to establish an efficient, legal, fair and equitable bidding and tendering market is to give full play to the market mechanism of competition and meritocracy, and to promote the construction of Sichuan to embark on the road of high-quality development.