In order to further strengthen the whole process management of governmental investment projects, effectively solve the outstanding problems in pre-bidding, bidding and post-bidding, and create a fair and just, healthy and orderly market environment, according to the Construction Law of the People's Republic of China, the Bidding Law of the People's Republic of China, the Regulations on the Management of the Quality of Construction Projects and other laws and regulations and the "Huainan Municipal Government's Whole-Course Cost Management Measures for Implementation of Governmental Investment Construction Projects", "Notice of the Office of the Huainan Municipal People's Government on Issuing Measures to Further Standardize the Tendering and Post-Bid Supervision of Governmental Investment Projects" and other relevant documents. Management Measures" "Huainan Municipal People's Government Office on the issuance of further standardization of government investment projects bidding and post-bid supervision methods notice" and other relevant documents, the formulation of this approach.
Article 1 Strict engineering contracting behavior. Construction units should be reasonably divided into segments, engineering and technical closely linked, inseparable unit of engineering shall not be divided into segments, road drainage, greening and other ancillary works and the main project should be contracted as a whole. Construction units should establish and improve the bidding and tendering matters, collective research, legal compliance review and other deliberative decision-making mechanism, is strictly prohibited from interfering with the bidding of construction projects in violation of the law.
Second standardize the preparation of tender documents. Bidders are responsible for the preparation of tender documents. Bidding documents in the qualification, performance and other qualification requirements of the bidders and evaluation criteria should be in line with the specific characteristics of the project and meet the actual needs of the limit of prudent settings, shall not be set by the "to the small," or set unreasonable conditions to exclude or limit the potential bidders and bidders should fulfill the relevant obligations to be clear. The bidding maximum bidding price shall be determined by the whole process of cost management price review special class audit. The construction unit shall refer to the "Guidelines for Setting Project Construction Duration", fully demonstrate and scientifically determine the reasonable duration, and make clear in the bidding documents the duration, key personnel to perform their duties, and other incentives and penalties. District bidding and trading center in conjunction with the construction and development, transportation, water and other departments in accordance with the law on the review of the tender documents, except by the municipal and above the competent authorities in charge of the industry to review the tender documents.
Article 3 Establishment of tender review mechanism. Government investment of more than 15 million yuan of key projects, in accordance with the "Maoji experimental area of government investment projects bidding application approval method" (see annex), according to the amount of investment in the project, by the area in charge of the work of the district leaders responsible for the organization of the relevant departments for review (involving cross-cutting, by the director of the district management committee or entrusted to the district leaders in charge of the joint convening of the relevant departments to focus on the review), focusing on the review of bidding prices, contracts, contracts, and reasonable payment methods. The centralized review will focus on the bidding price, contract duration, reasonable payment method for the project, and other important contents. Without the meeting review, shall not be included in the bidding procedures.
Article 4 Strengthen the agency management. Establishment of agency credit evaluation standards, public resources trading supervision and management of this jurisdiction into the trading agency credit evaluation information collection, records, disclosure, and implementation of hierarchical supervision, credit evaluation results as an important basis for bidders to choose the bidding agency. Participation in collusive bidding, fraud and other violations of the agency behavior in accordance with the law and seriously dealt with, and limit its business activities.
Article 5 Increase the malicious complaint disciplinary efforts. Bidders or other interested parties to fabricate facts, forged materials, illegal means to obtain supporting materials for complaints, or more than 3 times a year to complain about unsubstantiated malicious behavior, included in the list of records of bad behavior and open to the public, the bidder according to law, within 1 to 3 years to refuse to participate in bidding activities. As a result of false complaints, to the bidder, the successful bidder caused losses, the bidder, the successful bidder to exercise the right to recover damages; constitutes a crime, transferred to the judicial organs for the investigation of criminal responsibility.
Article VI Optimization of bid evaluation organization. In the trading platform can meet the needs of remote remote bid evaluation, the application of exhaustive remote remote bid evaluation, and promote quality expert resources across regions, cross-industry interconnection and sharing. Without the use of remote off-site bid evaluation, the proportion of bid evaluation experts outside the city shall not be less than 60%. The implementation of the bid evaluation committee members avoidance system, and bidders have an interest in the bidder shall not enter the bid evaluation committee of the relevant project.
Article 7 standardize the issuance of notice of award. Bidders should be completed within one working day after the end of the bid evaluation report review, and release the winning candidate publicity. Review found anomalies, in accordance with the statutory procedures for review and processing. After the expiration of the period of publicity of the successful candidate, the bidder shall issue a notice of award within 1 working day; using the "evaluation separation" mode of the project, the bidder shall complete the finalization of the bid and issue a notice of award within the prescribed time limit.
Article VIII Standardize the signing of engineering contracts. Construction unit shall be issued within 30 days from the date of the notice of award and the winning unit to sign a written contract, signed construction, supervision contract, the contract shall be signed by the legal representatives of the two parties on-site signing or on-site witnessing the signing of the contract. The main terms and conditions of the contract, such as the subject matter, price, quality and period of performance, shall be consistent with the contents of the bidding documents and the bidding documents of the successful bidder, and no other agreements deviating from the substantive contents of the contract shall be entered into. Construction unit and the winning unit signed the contract, in accordance with relevant requirements, since the signing of the written contract within 10 days, the contract will be reported to the district bidding and trading center for the record.
Article IX Implementation of the whole process management. Construction unit should be the whole process of construction management, responsible for construction works after the bidding for construction, supervision, survey and design units to fulfill the contract and other daily management. Check whether the main personnel of the winning unit is consistent with the bidding documents and contracts; urge the main personnel of the winning unit to perform their duties conscientiously, record the arrival of personnel to perform their duties, in accordance with the contract to deal with, and will deal with the situation in a timely manner reported to the District Construction and Development Bureau.
Article 10 Strict management of key personnel. During the construction period, construction, engineering supervision units should be based on the contract to send the unit project manager, project superintendent engineer and other key personnel. Construction site key position personnel should be licensed, the documents need to have my photo, name, project name, position, position and other information. Relying on Anhui Province housing and urban-rural construction integrated management platform, the strict implementation of key positions face recognition, real-name attendance system. Key position personnel do need to change, in accordance with the relevant provisions and special terms of the contract. The change information should be recorded and publicized by the competent department of the industry where the project is located on the credit management platform. The qualification conditions of the changed personnel shall be in accordance with the relevant provisions of the bidding documents.
Article 11 Strengthen the construction site supervision. The construction unit shall strictly fulfill the contractual responsibilities and obligations, in the construction site prominently set up construction project construction schedule, in accordance with the established schedule for the rational organization of construction, the unit shall be the main person in charge of the implementation of the provisions of the contract. The construction works shall comply with the provisions of relevant laws and regulations on ecological environmental protection. The contracting parties shall cooperate with each other, take measures to control the construction site of all kinds of dust, waste gas, waste water, solid leather and noise, vibration pollution and harm to the environment, keep the site clean, civilized construction.
Article XII Strengthen the construction, supervision unit responsibility. Construction units bear the primary responsibility for construction contracting management and management of the project after the bid; supervision units responsible for quality, safety, cost, schedule control throughout the process, strictly fulfill the contractual responsibilities and obligations, standardize the site management behavior, the performance of the construction unit into the scope of the daily inspection, and in the supervisory log contained. Construction, supervision units monthly to the competent departments of the industry, the District Bidding and Trading Center to report the performance of construction units in the previous month, the relevant departments based on the report to be verified and investigated. The construction, supervision units know but do not report, encourage indulgence, in addition to the construction unit in accordance with the rules of punishment, by the relevant departments of the construction, supervision units synchronized to be dealt with penalties.
Article XIII Strengthen the post-bid supervision and inspection. District bidding and trading center in conjunction with the relevant industry authorities to form a task force to take daily supervision, comprehensive inspection, "double random, a public" and other ways, in the city, the district public resources trading management platform bidding government investment projects in the quarterly sampling of not less than 25% of the total percentage of the post-bidding performance inspection. On the discovery of suspected collusive bidding, fraudulent bidding, "three packages and a hanging", malicious complaints and other violations, in accordance with the law and timely transfer of the relevant departments to make the appropriate administrative penalties and credit discipline, suspected of violating discipline, criminal cases, timely transfer to the Commission for Discipline Inspection and Supervision, the judiciary investigated in accordance with the law, to promote the establishment of administrative law enforcement and disciplinary accountability, criminal responsibility and accountability. The implementation of the mechanism of convergence with the enforcement of discipline, accountability and criminal responsibility.
Article XIV Engineering subcontracting management. Project construction subcontracting should be consistent with relevant laws and regulations, regulatory documents and tender documents, the construction of general contracting unit will be contracted to subcontracting of professional engineering works, should be consistent with the tender documents, and agreed in the general contract, and subcontracting must be recognized by the construction unit. Crack down on dependent subcontracting and illegal subcontracting. When construction and supervision are found to be dependent, subcontracting and illegal subcontracting, they should be reported to the District Construction Development Bureau and the District Bidding and Trading Center in a timely manner, and be handled accordingly. The competent authorities at all levels of the industry check the presence of personnel on duty every month, and take the attendance record as an important basis for the performance of key personnel and the determination of whether the enterprise is suspected of subcontracting and relying on behavior.
Article XV Promote the construction site and bidding market "two linkage". Implementation of the construction site and bidding market linkage management, improve the construction enterprises in Huaihuai credit evaluation grading and publicity system, the implementation of credit grading and classification management, the focus of the supervision of illegal enterprises, to achieve the survival of the fittest. Improve the incentive and punishment mechanism for creditworthiness, and list market entities with low credit ratings as key regulatory targets and implement differentiated supervision. Enterprises that disrupt the market order, such as bid-rigging and bid-rigging, are restricted from entering the market in accordance with the law. Continuously carry out dynamic verification of qualifications, "no project, no tax, no personnel" of the "shell company", in accordance with the law to withdraw, cancel the enterprise qualification.
Article XVI standardize the implementation of the commencement of formalities. House building and municipal infrastructure construction projects before the commencement of construction, the construction unit shall apply to the District Construction and Development Bureau to obtain a construction permit. In accordance with the authority and procedures prescribed by the State Council to approve the commencement report of the construction project, no longer receive construction permits. Transportation, water conservancy, communications and other projects before the commencement of construction in accordance with the provisions of the competent authorities in charge of the industry for the commencement of construction procedures. According to law shall apply for a construction permit for construction works, without obtaining a construction permit, shall not commence construction.
Article XVII Establishment of coordination mechanism. Construction units encountered the following circumstances, should be informed of the construction unit, the construction unit for approval procedures: the need to occupy the site outside the scope of planning approval; may damage roads, pipelines, electricity, communications and other public facilities or affect the total effectiveness of; the need for water, power outages, road closures: the need for blasting operations; other law requires approval. Construction units found in the construction of cultural relics should stop construction, protect the site and immediately report to the local heritage administration. Found fossilized paleontology, should protect the scene and immediately report to the local authorities in charge of natural resources.
Article 18 Implementation of quality supervision procedures. Construction unit before the commencement of construction, shall be in accordance with the relevant provisions of the state for quality supervision procedures. The quality supervision and management of construction works shall be carried out by the District Construction and Development Bureau, the District Transportation Bureau, the District Water Affairs Bureau and the relevant departments of communications in accordance with their respective responsibilities.
Article 19 Strict quality standards. The quality of construction works shall meet the national standards for qualified level. Failure to meet the national standards, the construction unit shall be repaired, reworked or demolished, the loss of the responsible party. Rework, rework the project should be accepted, accept the construction quality supervision organization supervision. The construction unit shall, in accordance with the engineering design requirements, construction technical standards and contractual agreements, construction materials, building components and equipment for inspection, unqualified shall not be used.
Article 20 Organization and acceptance. Construction units receive the construction project completion report, shall organize the design, construction, project supervision and other relevant units, and joint planning, fire prevention, fire and other departments for the completion of joint acceptance. Construction project acceptance before delivery. Completion and acceptance of the process of violating the state provisions of quality management of construction works, ordered to stop using, re-organize the completion and acceptance. The state of the completion of the acceptance of other provisions from its provisions.
Article 21 Strict engineering changes. The implementation of engineering changes in the filing system and hierarchical approval system. Engineering changes in accordance with the cost changes, in accordance with the "Huainan municipal government investment construction project implementation stage of the whole process of cost management measures" requirements for the relevant record and approval procedures.
Article 22 Standardize the management of wages of migrant workers. Construction units should urge the construction unit to strictly implement the system of real names of migrant workers, contractual system, monthly wage payment system, pay the full amount of migrant workers' wages deposit, set up a special account for migrant workers' wages in accordance with the law, to ensure that the district key projects of migrant workers' wages are paid in full on a monthly basis, there is no delinquency in the payment of wages.
Article 23 Standardize the management of security deposits. Construction units in accordance with the "notice on cleaning up and standardizing the field of engineering construction security deposit" requirements, standardize the collection, return performance, quality and other security deposits.
Article 24 Standardize payment procedures. In order to strengthen the management of project payment, standardize the payment behavior of each project, to ensure the quality and efficiency of project payment, to prevent fraud, project payment is required to submit a payment certificate, supervision and audit of the amount and cost of the project, tracking and auditing unit audit, the construction unit on behalf of the audit, according to the contract to pay the proportion of the payment, need to be approved by the district in charge of the leadership of the approval. Found that the project payment, wages of migrant workers, supervision fees, service fees and other towards the abnormal, the construction unit should immediately stop payment and take appropriate measures to prevent the flow into the subcontracting, illegal subcontracting and the account of the person who is dependent. Strictly prohibit the construction unit directly to the individual disbursement of project funds.
Article 25 Penalties for violations. District Construction and Development Bureau in the post-bid supervision and management of construction, supervision and other units found to have one of the following behaviors, in addition to penalties in accordance with relevant laws and regulations, will be recorded in the annual corporate credit evaluation of its bad behavior:
(a) the project construction unit in violation of the provisions of the direct designation of subcontracting contractors of the project.
(ii) the construction unit has subcontracting, illegal subcontracting behavior;
(iii) construction, supervision and other successful units of the main management, the main technical staff and the winning bidding commitment is inconsistent and not in accordance with the provisions of the personnel to fulfill the change of the record procedures;
(iv) the construction unit has occurred in a major and above the safety and security accidents, major quality and liability accidents;
(v) Other violations of laws and regulations.
Attachment: Maoji Experimental Zone government investment projects bidding application approval methods
Attachment:
Attachment.
Maoji experimental area of government investment projects bidding
application for approval methods
A, the scope of application
(a) the district level project construction investment reaches more than 4 million yuan of government investment in construction projects (including transportation, water conservancy and other professional construction projects).
(2) the government investment in construction projects referred to in this provision include the following construction projects:
1. construction projects in which budgetary funds, government special construction funds (funds), government debt funds and other financial funds account for more than 50% of the total investment in the proposed budget (including 50%), or less than 50%, but the government has the right to control the construction projects; government and social capital cooperation projects, government injection of capital funds, the government has the right to control the construction projects; government and social capital cooperation projects, government injection of capital funds. capital cooperation projects, the government injected capital investment projects of state-owned and state-owned capital in a controlling or dominant position.
2. Other governmental investment construction projects stipulated by laws, regulations, rules and district management committees.
Two, bidding application
(a) application for bidding projects should have the following conditions:
1. The maximum bid price has been the whole process of cost management of the district price review special class audit to determine.
2. The construction unit invites experts to fully justify the duration and form a written duration justification report.
3. The bidding documents have been reviewed in accordance with the law.
(b) bidding application conditions, the main body of the application to the district management committee to submit an application for bidding review.
(c) according to the source of funding channels, the main body of the application for the project implementation unit belonging to the town government, scenic spots, parks, the district of all relevant units and district enterprises.
Three, will review and approve
(a) to strengthen the district level government investment in key projects bidding work management, to ensure standardization and timeliness. According to the amount of investment in the project to implement a hierarchical review, the District Construction and Development Bureau to take the lead in the establishment of the bidding pre-bidding review mechanism, a single budget review price of more than 4 million yuan 15 million yuan or less of the project is subject to review by the district government investment in the implementation phase of the construction project the whole process of the cost audit task force to enter the city's public resources trading platform bidding and procurement. Among them, the District Development and Reform Bureau is responsible for government investment construction projects (including EPC projects) preliminary design and investment budget estimates will be examined, the District Construction and Development Bureau is responsible for government investment construction projects led by the highest bidding limit results of the document will be examined, the project construction unit of the competent department led by the organization of the government investment in construction projects to change the review meeting.
(b) the total investment of more than 15 million yuan of projects, by the area in charge of the work of the district in charge of the relevant departments to convene a centralized review; involves cross-field, by the director of the District Management Committee or entrusted to the district in charge of the leadership of the district to jointly convene a centralized review of the relevant departments.
(c) the review department is mainly involved in the implementation phase of government investment in the whole process of cost audit task force members (including the District Construction and Development Bureau, the District Development and Reform Bureau, the District Finance Bureau, the District Audit Bureau, the District Bidding and Trading Center, the District Key Bureau and other departments), depending on the project situation, appropriate adjustments to participate in the department.
(d) convened to review the focus of the bidding price, contract duration, the form of bidding, project progress payment methods and other important aspects of bidding.
(E) the conclusions of the convening review to form the minutes of the meeting, reported to the Municipal Public Administration to accept the tender.
