Sui Fu Ban Han [2019] No.82
Notification of General Office of Guangzhou Municipal People’s Government on Issuance of Implementation Plan for Further Promoting the Pilots of Construction Project Tendering and Bidding System Reform in Guangzhou
The District People’s Governments, Departments of Guangzhou Municipal Government and Directly Administered Entities of the Municipal Government,
The Implementation Plan for Further Promoting the Pilots of Construction Project Tendering and Bidding System Reform in Guangzhou that has been approved by Guangzhou Municipal People’s Government is herein distributed for implementation. For any issue arising during the implementation please report to Guangzhou Municipal Development and Reform Commission.
General Office of Guangzhou Municipal People’s Government
June 8, 2019
The Implementation Plan for Further Promoting the Pilots of Construction Project Tendering and Bidding System Reform in Guangzhou
The implementation plan is formulated in order to further carry out the key spirit of President XI Jinping’s important remarks, to further deepen reform, provide solutions to emerging problems under new situations, and promote new development of Guangzhou’s construction project tendering and bidding.
I. Guidance
The implementation plan will fully carry out the guiding principles of the 19th National Congress of the CPC, follow the XI Jinping Thought on Socialism with Chinese Characteristics for a New Era, push forward the key instructions and spirit in key speeches and instructions by President XI about Guangdong, stick to the new concept of development, and deepen the reform of “delegating power, improving regulation and upgrading services”. By making accountability system of tenderee as the core mechanism in the construction project, and adhering to the principle of focusing on fairness, efficiency and in-bidding and post-bidding supervision, the plan aims to optimize evaluation criteria, streamline review and approval procedures, reform contracting modes, and improve tendering efficiency. It will further promote Guangzhou’s construction project tendering and bidding reform, manifest its reform decisiveness and innovative spirit, promote Guangzhou’s construction to a higher level as one of the national central cities, strengthen its comprehensive urban functions, overall urban and cultural strengths, develop modern service industry and create a better, modern and international business environment.
II. Reform Measures
(I) Cancel the self-tendering registration. For project that needs to go through bidding as required by law and the tenderee who is capable to conduct tendering on its own, it shall cancel the tendering registration procedure for the tenderee. (Responsible Departments: Administrative Supervision Departments for Tendering and Bidding)
(II) Cancel all the prior tendering document registration. The administrative supervision departments for tendering and bidding will not require prior tendering document registration and the tenderee shall be responsible for the document legality. The administrative supervision departments shall enhance the in-bidding and post-bidding supervision according to law. For projects such as highway constructions that require provincial level approval, if there are special requirements by provincial competent departments, such requirements shall prevail. (Responsible Departments: Administrative Supervision Departments for Tendering and Bidding)
(III) Expand the pilot scope of “separation of bidding evaluation and determination”, and empower the tenderee to determine the final bidding result and accordingly assign accountability. It shall identify the working rules, optimize bidding procedures for better efficiency, and expand the pilot scope from design bidding to goods, service and construction bidding. It shall encourage the eligible tenderee to choose to go on with “separation of bidding evaluation and determination” procedure based on their own situations. (Responsible Departments: Guangzhou Municipal Development and Reform Commission coordinating, Administrative Supervision Departments for Tendering and Bidding taking specific responsibilities)
(IV) Conduct multi-project tendering and pre-selection tendering. For the tenderee who conducts tendering for more than one construction project of the same kind at the same time period, the tendering for multi-project shall be done simultaneously.
The tenderee shall, within a certain period (no more than 3 years in principle, and no more than 5 years for repair and maintenance project of subway line in operation), make temporary project workload list and pricing document, identify the contract pricing conditions and the highest limited bidding price for recurrent projects of same kind that require project workload forecast including housing repair, public utility and water conservancy facility repair and urban renewal and minor reconstruction, government land reserve’s enclosure and repair and maintenance of facilities of subway lines in operation, etc. Then it shall pre-select contractor through tendering and make settlement based on the reviewed settlement price. (Responsible Departments: Administrative Supervision Departments for Tendering and Bidding)
(V) Establish contractor pre-selection system. It shall encourage the tenderees with continuous construction tasks and management competence to build contractor pre-selection database through public tendering, select contractors with good credit for long-term cooperation, and enhance bidder and project management via measures such as internal control and credit management. (Responsible Departments: Administrative Supervision Departments for Tendering and Bidding)
(VI) Shorten the bidding preparation time for simple small project. For a project that requires no construction design compilation, service outline or equipment installment and debugging plan, or other technical review items according to tendering document, a minimum of 10 days could be reserved for the bidder since the date of tendering document issuance to the submission deadline, any clarification or revision on tendering document shall be made at least 5 days before the deadline, and be sent in writing to potential bidders who have obtained tendering document; in case of less than 5 days, the tenderee shall postpone the deadline. Preparation time of such project shall be indicated distinctly in tendering document, and be sent to potential bidders timely and clearly. (Responsible Departments: Guangzhou Municipal Development and Reform Commission, Administrative Supervision Departments for Tendering and Bidding)
(VII) Expand the scope of electronic tendering and bidding. The construction projects that meet the tendering requirements shall go on with the electronic tendering and bidding, and technical measures including computer-based bidding evaluation, computer-based automatic commercial bid and aided technical bid evaluation shall be introduced or promoted. (Responsible Departments: Administrative Supervision Departments for Tendering and Bidding, Guangzhou Public Resources Trading Center and Guangzhou Municipal Development and Reform Commission)
(VIII) The starting time of tendering shall be determined by the tenderee. It shall further streamline the tendering preconditions, and separate the approval procedures of land use and planning from tendering. The tenderee is allowed to choose the starting time of tendering at its discretion according to project progress, and shall complete all the related reporting, review and approval procedures before the start of construction project, and bear the legal risk arising from tendering failure due to the change of project conditions. (Responsible Departments: Administrative Supervision Departments for Tendering and Bidding)
(IX) Cancel the limitation on tenderee’s involvement in bidding evaluation. The tenderee is allowed to involve in or appoint a representative to involve in bidding eligibility review committee and bidding evaluation committee. The number and identity of attendees shall be subject to the provisions of the Bidding Law of the People’s Republic of China and the Regulation on the Implementation of the Bidding Law of the People’s Republic of China. (Responsible Departments: Guangzhou Municipal Development and Reform Commission and Administrative Supervision Departments for Tendering and Bidding)
III. Guarantee Measures
(I) Clarify the duties and coordinately promote implementation. The competent departments shall timely formulate the specific working guidance to carry out reform measures, specify the working procedures and duties, closely follow public consensus, well interpret the related policies. Guangzhou Municipal Development and Reform Commission, judicial, finance, planning and natural resources, housing and urban-rural development, transportation, water affairs, port service, forestry and landscaping and other departments shall work together to promote Guangzhou’s tendering and bidding system reform, carry out reform measures, interact and coordinate with each other to form a new norm and working system. (Responsible Departments: Guangzhou Municipal Development and Reform Commission, Municipal Justice Bureau, Finance Bureau, Planning and Natural Resources Bureau, Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Authority, Port Authority, and Bureau of Forestry and Landscaping, etc.)
(II) Implement risk control and enhance supervision and management. The administrative supervision departments shall set up the regular and random inspection mechanism, formulate specific compliance provisions to investigate bidding violations and issues including tenderee’s splitting project into several individual tasks during tendering to contract them as small projects, adding investment or changing project items to avoid required tendering. (Responsible Departments: Municipal Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Authority, Port Authority, and Bureau of Forestry and Landscaping and other Administrative supervision departments, as well as Guangzhou Municipal Development and Reform Commission and Finance Bureau)
(III) Enhance the duties of responsible parties to integrate power and liability. Reinforce owner accountability. The tenderee, as responsible party, shall fulfill the duties related to tendering and bidding, manage the tendering-related issues at its discretion according laws, well manage the tasks and key timings and effectively handle the issues arising from tendering and bidding and project construction. (Responsible Departments: Project Tenderee as the self-responsible entity, Administrative Supervision Departments for Tendering and Bidding like Municipal Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Authority, Port Authority, and Bureau of Forestry and Landscaping as supportive functional departments for supervision and implementation)
(IV) Enhance basic administration and maintain market order to improve business performance management and regulate tendering and bidding behaviors. It shall seriously investigate bidder’s behavior to engage in bidding with fraud performance, so as to maintain an impartial environment and normal market order. (Responsible Departments: Municipal Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Authority, Port Authority, and Bureau of Forestry and Landscaping and other Administrative Supervision Departments for Tendering and Bidding)
(V) Improve evaluation system and enhance credit management. It shall further enhance interaction among information platforms at national, provincial, municipal levels to overcome information barrier and realize information-sharing; it shall link contract fulfillment evaluation, credit record to tendering review, guiding tendree, bidding agency, bidder and reviewer to stick to compliance requirement. (Responsible Departments: Municipal Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Authority, Port Authority, Bureau of Forestry and Landscaping and other Administrative Supervision Departments for Tendering and Bidding; Guangzhou Municipal Government Affairs Data Administration and Guangzhou Public Resources Trading Center)
(VI) Enhance business training and regulate operating procedures. It shall update and optimize tendering document template, offer clearly-defined tendering and bidding guidance and provide regular business training to improve tendering document compilation quality. It shall also improve electronic tendering and bidding system and streamline and optimize related procedures.(Responsible Departments: Municipal Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Authority, Port Authority, Bureau of Forestry and Landscaping and other Administrative Supervision Departments for Tendering and Bidding; Guangzhou Public Resources Trading Center)
(VII) Enhance expert management to improve review quality. It shall set up and improve bidding evaluation, exit and punishment mechanism, and set norms to manage bidding evaluation behaviors of experts. (Responsible department: Municipal Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Authority, Port Authority, and Bureau of Forestry and Landscaping and other Administrative Supervision Departments for Tendering and Bidding)
(VIII) Carry out the information disclosure duty and accept public supervision. It shall actively explore various channels for information disclosure, optimize ways of related parties' access to information and improve user experience. It shall also report trading-related information to the national and provincial public resources trading platform according to data compliance provisions. (Responsible department: Municipal Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Authority, Port Authority, and Bureau of Forestry and Landscaping and other Administrative Supervision Departments for Tendering and Bidding; Guangzhou Municipal Government Affairs Data Administration and Guangzhou Public Resources Trading Center)
Publicity: Proactive Release