Interim Measures for the disclosure and recovery of illegal and untrustworthy records of public resources trading activities in Lu 'an City

Notice on printing and distributing the Interim Measures for the disclosure and repair of illegal and untrustworthy records of public resources trading activities in Lu 'an City

Members of the people's governments of all districts and counties, the Administrative Committee of the Municipal Development Zone and the Municipal Public Administration Committee:

The Interim Measures for the disclosure and repair of illegal and untrustworthy records of public resources trading activities in Lu 'an are hereby printed and distributed to you, please implement them carefully.

Lu' an gong * * resource trading supervision management Committee office

202165438+February 24th.

Illegal and untrustworthy behavior in Lu' an public resources trading activities

Interim Measures for Resuming Record Disclosure

Article 1 In order to further strengthen the supervision and management of public resource transactions in our city, standardize the behaviors of market participants and relevant personnel in public resource transactions, and improve the disciplinary mechanism of public resource transactions, according to the Memorandum of Joint Disciplinary Action on Serious Dishonest Participants in Public Resource Transactions (No.457 of the Development and Reform Law [2018]) and the Memorandum of Joint Disciplinary Action on Serious Dishonest Participants in Government Procurement (16654338)

Article 2 The term "illegal and untrustworthy subjects" as mentioned in these Measures refers to citizens, legal persons or other organizations (hereinafter referred to as joint disciplinary objects) such as tenderers (purchasers), bidders (suppliers), agencies, bid evaluation experts, etc. The term "illegal acts of dishonesty in public resource transactions" as mentioned in these Measures refers to the following acts listed in Article 1 of the Memorandum of Joint Disciplinary Action on Serious Untrustworthy Subjects in Public Resource Transactions (No.457 of the Development and Reform Commission [2018]):

(a) in violation of the provisions of the law, the project that must be tendered is not tendered, the project that must be tendered according to law is dismembered or broken into parts, or bidding is evaded by other means;

(2) A procuratorial agency violates laws and regulations, divulges information and materials related to public resources trading activities that should be kept confidential, or colludes with tenderers and bidders, thereby harming national interests, social public interests or the legitimate rights and interests of others;

(three) the tenderer restricts or excludes potential bidders with unreasonable conditions, discriminates against potential bidders, forces bidders to form a consortium to jointly bid, or restricts competition among bidders;

(4) The tenderee of a project subject to tender according to law discloses to others the names and quantities of potential bidders who have obtained the tender documents or other information about public resources transactions that may affect fair competition, or discloses the pre-tender estimate;

(5) Bidders collude with each other or with the tenderee to pay bribes to the tenderee or members of the bid evaluation committee in order to win the bid;

(six) bidders bid in the name of others or cheat the bid by other means;

(seven) the project subject to tender according to law, and the tenderer illegally negotiates with the bidder on the bid price, bid plan and other substantive contents;

(8) Where a member of the bid evaluation committee accepts property or other benefits from a bidder, the member of the bid evaluation committee or the relevant staff involved in the bid evaluation disclose to others the evaluation and comparison of the bid documents, the recommendation of the successful candidate and other information related to the bid evaluation;

(nine) the tenderer determines the winning bidder in addition to the candidate winning bidders recommended by the bid evaluation committee according to law, and determines the winning bidder for the project subject to tender according to law after all bids are rejected by the bid evaluation committee;

(10) The winning bidder transfers the winning project to others, dismembers the winning project and transfers it to others respectively, or subcontracts some main parts and key work of the winning project to others illegally, or subcontracts it again;

(eleven) the tenderer and the winning bidder do not conclude a contract in accordance with the tender documents and the bidding documents of the winning bidder, or the tenderer and the winning bidder conclude an agreement that deviates from the substantive contents of the contract;

(twelve) the winning bidder fails to perform its obligations in accordance with the contract concluded with the tenderer, and the circumstances are serious;

(13) There are cases in which purchasers and procurement agencies should adopt public bidding and purchase by other means without authorization, raise procurement standards without authorization, treat or discriminate suppliers with unreasonable conditions, negotiate with bidders in the process of bidding and procurement, fail to sign a procurement contract with the supplier who won the bid after the notice is issued, or refuse the relevant departments to carry out supervision and inspection according to law;

(14) The purchaser, procurement agency and its staff collude maliciously with suppliers or procurement agencies, accept bribes or obtain other illegitimate interests in the procurement process, provide false information in the supervision and inspection conducted by relevant departments according to law, or disclose the pre-tender estimate before the bid opening;

(fifteen) the purchaser does not entrust a centralized procurement agency to implement centralized procurement of government procurement projects that should be centralized procurement;

(16) The purchaser or procurement agency illegally conceals or destroys the procurement documents that should be kept, or forges or alters the procurement documents;

(17) The supplier provides false materials to win the bid, slanders or crowds out other suppliers by improper means, maliciously colludes with the purchaser, other suppliers or procurement agencies, offers bribes or other illegitimate interests to the purchaser or procurement agencies, colludes with the purchaser in the bidding and procurement process, or refuses the supervision and inspection of relevant departments or provides false information;

(eighteen) there are other acts in violation of laws and regulations of public resources trading.

Article 3 The supervision and administration department of public resource transactions (hereinafter referred to as the public administration department) shall be responsible for managing the list of illegal and untrustworthy subjects of public resource transactions within its jurisdiction, making it public within a certain period of time, and implementing credit constraints. If the object of joint punishment is illegal and untrustworthy and is dealt with according to law, it will be included in the list management of illegal and untrustworthy subjects.

Article 4 Basic procedures for implementing the list management of illegal and untrustworthy subjects:

(1) information collection. The public administration department shall, in accordance with these measures, verify and collect evidence of the joint disciplinary objects that meet the conditions of being included in the list of illegal and untrustworthy subjects, and record the basic information and reasons for inclusion. The basic information includes the name of the joint disciplinary object, the unified social credit code (or citizenship number), the name of the legal representative, the administrative punishment decision (handling), the law enforcement unit, the source channel and other elements.

(2) Information communication. The public administration department shall fulfill the obligation of informing before the object of joint punishment is included in the list of subjects with serious dishonesty.

(3) information disclosure. The public management department releases information to the society through the public * * * resource trading platform, and exchanges information on illegal and untrustworthy subjects with relevant departments and units in an appropriate way.

(4) Information application. The joint disciplinary departments for dishonesty shall, in accordance with their respective responsibilities, jointly punish acts of dishonesty according to laws and regulations.

(5) Information deletion (export). After the expiration of the management period of the list of illegal and untrustworthy subjects, if the joint disciplinary object is not included in the list of serious untrustworthy subjects, or if the joint disciplinary object completes the credit repair in accordance with the relevant provisions of the state, it must apply to the public administration department before the expiration of the credit repair or 10 working days after the credit repair. If the public management department agrees to repair the credit after examination and approval, it shall be withdrawn (out) on the extranet of the public resource trading platform, and inform "Credit Luan" to deal with it accordingly within 3 working days.

Article 5 The basis for identifying the illegal and untrustworthy information of the parties to a public resource transaction includes:

(a) the effective administrative penalty decision or rectification notice;

(2) Effective judgment or arbitral award;

(three) to record the illegal and untrustworthy documents of the parties to the transaction of public resources in violation of laws, regulations and rules;

(four) the relevant administrative departments announced to the public illegal acts of dishonesty.

Article 6 The list of illegal acts of dishonesty shall be managed dynamically, and the disclosure period shall be determined according to the facts, nature, circumstances and degree of harm of illegal acts of dishonesty, which is generally more than three months and the longest is one year. The public period of administrative punishment decisions involving serious violations of law and dishonesty is at least six months and at most three years. Where the market access qualification is restricted, the publicity period shall be consistent with the qualification restriction period determined by the organ (unit) that made the decision on market access qualification restriction, except for the implementation of credit repair.

When the information disclosure period of illegal and untrustworthy behavior expires, the relevant disclosure items will be transferred to the background for preservation.

Article 7 If a party to a public resource transaction is under any of the circumstances listed in Article 2 of these Measures and the circumstances are particularly serious, it shall be blacklisted for management. According to laws and regulations, take the following disciplinary measures against blacklisted subjects and their related responsible persons:

(a) in the tender (procurement) documents are restricted to participate in the activities related to public resources transactions in this Municipality, and the consortium bidding of blacklisted members is subject to the same restrictions;

(two) the blacklisted bid evaluation experts shall apply to the provincial public administration department for withdrawing from the comprehensive bid evaluation expert database according to the procedures;

(3) The tenderee (purchaser) of a construction project (procurement project) that must be subject to tender according to law shall not choose the tendering agency and its employees within the validity period of the blacklist when selecting the tendering agency;

(four) for the blacklisted tenderee (purchaser), the public administration department shall timely hand over the relevant information to its administrative department or discipline inspection and supervision organ;

(five) the implementation of other disciplinary measures stipulated by laws and regulations.

The blacklist shall be managed dynamically, but the validity period of the blacklist shall not be less than 12 months. Where laws and regulations provide otherwise, such provisions shall prevail.

Article 8 A subject who has been recorded for breaking the law and breaking promises can take the initiative to rectify, eliminate and mitigate the harmful consequences of bad behaviors and rebuild good credit, and can apply for credit repair. With the consent of the regulatory authorities, the disclosure period may be shortened, but the minimum disclosure period shall not be less than three months.

Ninth illegal acts of dishonesty credit repair procedures:

(1) The subject who violates the law and loses faith submits the repair application form, credit repair commitment letter, copy of identity certificate (registration certificate), certificate of participation in credit training, credit report, certificate of payment of fine and other materials to the public administration department that has made the determination of the law and loss of trust;

(2) If the public administration and other departments that are found to be illegal and untrustworthy agree to credit repair after examination, the information shall be removed (exported) in accordance with the procedures specified in Item (5) of Article 4 of these Measures.

Tenth in the process of recording, disclosing and repairing illegal acts of dishonesty, dereliction of duty, abuse of power, favoritism and other acts. It should be transferred to the discipline inspection and supervision organs and judicial organs for accountability in accordance with relevant disciplinary regulations.

Article 11 These Measures shall come into force as of the date of promulgation.

For more information about project/service/procurement bidding, and to improve the winning rate, please click on the bottom of official website Customer Service for free consultation:/#/? source=bdzd