Notice of Beijing Municipal Commission of Housing and Urban-Rural Development on the Relevant Work of Further Fulfilling the Primary Responsibility of the Tenderee and Strengthening the Services and Regulation of Bid Invitation and Bidding

　　Jing Jian Fa [2022] No.79

To Commissions of Housing and Urban-Rural Development of all districts, Commissions of Housing and Urban-Rural Development of Dongcheng, Xicheng and Shijingshan District, Construction and Development Bureau of Beijing Economic-Technological Development Area, and all units concerned,

　　To deeply implement Opinions of the State Council on Conducting Trials to Improve the Business Environment (Guo Fa [2021] No. 24) and Guidelines of Commission of Housing and Urban-Rural Development on Further Strengthening the Supervision on Bid Invitation and Bidding of Housing Construction and Municipal Infrastructure Projects (Jian Shi Gui [2019] No. 11), fulfill the primary responsibility of the tenderee, promote the reform of the bid invitation and bidding system of housing construction and municipal infrastructure projects, enhance the supervision on bid invitation and bidding activities of housing construction and municipal infrastructure projects in Beijing, strictly clamp down on violations of laws and regulations in bid invitation and bidding activities and maintain the order of the construction market, the relevant works of legally serving and supervising projects that must be subject to bidding are hereby notified as follows:

　　I. Strengthening the Primary Responsibility of the Tenderee

　　(1). Enhancing the primary responsibility of the Tenderee The primary responsibilities of the Party Committees (the CPC Party Group) shall be fulfilled, establishing and improving the deliberation and decision-making mechanisms of combining collective research for major bidding matters, legal review and internal countersignature. The internal decision-making procedures of "major issues, major personnel appointments and dismissals, investments in major projects and use of large sums of money" shall be strictly followed when handling such key matters covering the bid inviting plan, bid inviting notice and pre-qualification documents, selecting and assigning tenderee representatives, releasing pre-qualification results, bid inviting documents and bid evaluation results.

　　Authorities of of discipline inspection and supervision as well as internal audits of the tenderee shall take their responsibility for supervision, play their role in supervision, monitor and inspect such key matters as tenderee representatives' behavior in bid invitation and bidding activities, verifying the pre-qualification and bid evaluation results, and handling relevant complaints and reports, etc.

　　The tenderee shall organize bid invitation and bidding activities for construction projects in accordance with the law, and fully take the responsibility for project building and management, strictly implement requirements in laws and regulations of bid invitation and bidding, and make demonstrations on construction drawings and maximum bid price, to ensure project quality and construction safety, and strengthen the primary responsibilities.

　　(2). Implementing the tenderee's autonomy according to laws. The tenderee shall conduct bidding activities of construction projects in accordance with the law, with the right to choose the way of qualification examination and bidding determination independently

　　(3). Implementing the publication system for bidding plans. For projects that must be subject to bidding according to laws, the tenderee shall publish the tender plan on legal media 30 days prior to the first announcement of the tender notice, so as to encourage more potential bidders to participate in bidding, as well as improve the participation and competition of the bidding project.

　　(4). Optimizing the methods of qualification examination The tenderee shall be encouraged to adopt a post-qualification examination method in housing construction and municipal infrastructure projects; where a pre-qualification method is adopted for a project, the tenderee is encouraged to examine by the qualification system, with no more rankings, and the tenderee shall independently select tenderers among applicants passing the qualification system examination, in accordance with the procedures and methods required in pre-qualification submissions.

　　(5). Taking responsibility for notification on pre-qualification results. Before sending tendering documents, the tenderee shall send the notification letter of pre-qualification results to pre-qualification applicants, and notify the unqualified applicants of the reasons why they are failed with evidence.

　　(6). Regulating the selection and assignment of tenderee representatives The tenderee has the autonomy to select and assign tenderee representatives to participate in the pre-qualification examination and bidding evaluation, so as to fully exercise the primary rights of the tenderee and honor its due obligations; if the tenderee representatives can not be assigned for some reasons, the tenderee shall give an explanation and take corresponding responsibilities.

　　(7). Exploring and promoting the separation of bidding evaluation and determination of the bid winner The tenderee shall be strictly subject to the decision-making procedures of "major issues, major personnel appointments and dismissals, investments in major projects and use of large sums of money" to establish and improve internal restriction mechanisms, and select the outstanding bid winners out of qualified candidates recommended by the bid evaluation committee according to the quotations and technical consulting advice.

　　II. Regulating the Requirements for Bidding Evaluation

　　(8). Simplifying the submission of commitment letter. For all kinds of materials required by the tenderee to be submitted by the tenderer (applicant) in the form of commitment letter, the tenderer (applicant) shall "merge the commitment letter to submit by one action" when submitting documents for the first time.

　　(9). Clarifying the performance accreditation channels for similar projects. The tenderee shall clarify that the performance of similar projects shall be in accordance with the data on the Supervision and Integrity Information Publishing Platform of the National Construction Market of the Commission of Housing and Urban-Rural Development. The bidding evaluation (review) committee shall check accordingly for bidding evaluation (review), and the tenderee shall verify accordingly after receiving the bidding evaluation (review) report.

　　(10). Regulating specified standards for the performance of similar projects. As pertains to projects that must be subject to bidding according to laws, the determination of the performance of their similar projects, shall not be higher than 80% of the characteristics of the bidding project (estimated contractual amount, construction scale, etc.).

　　When the performance of similar projects is included in quantitative evaluation factors, the number of performance of similar projects given full marks shall not be more than 3, and the finishing period of similar projects shall not be less than 3 years. For special projects such as museums and gymnasiums filled with complex processes and tough technical difficulties, the finishing period shall be extended; the number of performance of personnel similar projects given full marks shall not be more than 2, without restriction on time.

　　(11). Encouraging authorities to adopt quantitative evaluation standards to reduce the score of subjective evaluation. For the evaluation items of "composition of the management personnel of other projects" and "machinery equipments to be put in the main construction" in pre-qualification submissions, their scores shall not be more than 5 points given that no clear quantitative evaluation standards can be proposed.

　　(12). Protecting the decision-making rights of the tenderee. The arithmetic mean score calculated after removing the highest and lowest scores given by bidding evaluation experts (tenderee representatives not included) from the bidding evaluation (review) committee, may be used as the summary score of the tenderer (pre-qualification applicants).

　　(13). Improving the pertinence of bidding documents and the efficiency of bid evaluation. It shall be specified in tendering documents that, the tenderer shall prepare the construction technical scheme according to the characteristics of the project. Contents already included in existing national and local construction methods or standards do not need to be submitted repeatedly. The length of the technical bid shall not exceed 150 pages; for projects with particularly complex technology and construction process asking for standards over the national level, the restriction on the length of the bidding documents shall be relaxed, but shall not exceed 200 pages.

　　(14). Adjusting the weight of commercial bid and technical bid. For construction projects with general technology and performance standards, it is recommended to adopt the technical bid qualification system; for construction projects with complex technology, the relative weight of the technical bid shall not be higher than 30%, and the relative weight of the commercial bid shall not be lower than 70%. Among which, if the bid price of the commercial bid is higher than the benchmark price in bid evaluation, the reduction of each grade shall generally not be less than 5 points; if the bid price of the commercial bid is lower than the benchmark price in bid evaluation, the reduction of each grade shall generally not be less than 3 points.

　　III.Strengthening the Service and Supervision in the Process of Bid Invitation and Bidding

　　(15). Establish the qualification requirements for the tenderer according to laws. For a single project of one professional contractor involving two professional qualifications, the tenderee may require the tenderer to have both professional qualifications or form a consortium to bid, the tenderee may also invite bids in the form of general contracting in construction; For a single project involving three or more professional qualifications, the tenderee shall invite bids in the form of general contracting in construction.

　　(16). Improving the electronic bid invitation and bidding level of construction projects. The exploration of remote bid opening and remote bid evaluation shall be actively carried out to improve the online submission, acceptance and handling of the objections, reports and complaints.

　　(17). Optimizing the bid opening process. The tenderee may require the tenderer to assign the project leader to attend the bid opening meeting, or other personnel from the tenderer's unit.

　　(18). Enhancing the interim and ex post supervision. The departments of administrative supervision over bid invitation and bidding of housing construction and municipal infrastructure shall, in accordance with the means of "random selection of subjects and inspectors and public disclosure", tighten the interim and ex post supervision on bidding. Once any violation of laws or regulations is found, the departments shall suspend bidding activities of relevant units according to laws, impose punishments against the violations of laws and regulations, and include such behavior into credit management system.

　　(19). Intensifying information disclosure. For projects that must be subject to bidding according to laws, the tenderee shall, when announcing the winning candidates, make public the tenderer's business information (including pre-qualification stage) other than business secrets and personal privacy information, including enterprise performance submitted by the tenderer, as well as the performance, qualification, duration of work experience of the proposed personnel, all of which shall be under supervision of the public.

　　(20). Reinforcing credit management. The dynamic evaluation results of projects on the Beijing Classified Risk Control Platform for Housing Construction and Municipal Infrastructure Projects shall be included the indicator system for credit evaluation for market acts of enterprises and certified personnel concerning the housing construction and municipal infrastructure projects in Beijing. The linkage between the trading market and the construction site shall be strengthened. Science and technology innovation of enterprises shall be encouraged. Enterprise's primary responsibility for securing safety and quality shall be enhanced.

　　(21). Increasing efforts to crackdown on any violation of laws and regulations. In accordance with the requirements of "cracking down on organized crime and rooting out local criminal gangs" on an ongoing basis, cracking down on chaos in the field of bidding shall be maintained and tightened. Upon finding any clue involved in gang crimes, it shall be transferred to the relevant departments for disposal in a timely manner.

　　(22). This Notice comes into force upon the date of issuance. For any discrepancy between this Notice and any provisions previously issued, this Notice shall prevail.

　　Beijing Municipal Commission of Housing and Urban-Rural Development

　　March 15, 2022

　　(This document is publicly released.)