Interim Measures for the administration of credit evaluation of public resources transactions in Fuyang City, Anhui Province

Notice on printing and distributing the Interim Measures for the Administration of Credit Evaluation of Fuyang Public Resources Trading, the Detailed Rules for Credit Evaluation of Fuyang Housing Construction and Municipal Infrastructure Construction Enterprises, and the Detailed Rules for Credit Evaluation of Fuyang Public Resources Trading Intermediaries and Employees.

Fuguangong [2022] No.52

All relevant units:

In order to further improve the credit system of public * * resources transaction and maintain the fair competition order in the market, according to the relevant regulations, combined with the actual situation of our city, our bureau has formulated the Interim Measures for the credit evaluation management of public * * resources transaction in Fuyang, the detailed rules for credit evaluation of housing construction and municipal infrastructure construction enterprises in Fuyang, and the detailed rules for credit evaluation of public * * resources transaction intermediaries and employees in Fuyang, which are hereby printed and distributed to you, please follow them.

August 26(th), 2022

Interim Measures for the administration of credit evaluation of public resources transactions in Fuyang City

Chapter I General Principles

Article 1 In order to establish and improve the credit system of public resources transactions, improve the system of trustworthiness incentive and disciplinary action against dishonesty, enhance the awareness of all parties involved in public resources transactions to be honest and trustworthy and trade according to law, and maintain the order of fair competition in the market, according to the Civil Code of People's Republic of China (PRC) and the Regulations on Optimizing the Business Environment, the General Office of the State Council forwarded the Opinions of the National Development and Reform Commission on Promoting the Construction of High-quality Social Credit System and Promoting the Formation of a New Development Pattern.

Article 2 These Measures shall apply to the credit evaluation management of relevant subjects who participate in public resource trading activities such as government procurement and construction project bidding on Fuyang public resource trading platform.

Article 3 Credit evaluation shall follow the following principles:

(1) The principles of openness, fairness and impartiality;

(2) The principles of legality, objectivity and prudence;

(3) The principle of keeping state secrets, commercial secrets and personal privacy according to law;

(four) the principle of who evaluates, who is responsible, who is in charge and who is responsible;

(five) the principle of trustworthy incentives and disciplinary action.

Article 4 A unified credit evaluation system for public resources transactions in the whole city shall be established, and graded responsibility, classified evaluation, comprehensive rating, dynamic management, openness and transparency, and information sharing shall be implemented.

City public * * * resource transaction supervision and management department is responsible for the overall organization and coordination of the city's public * * * resource transaction credit evaluation system.

The administrative departments in charge of finance (SASAC), urban and rural construction, transportation, water conservancy, agriculture and rural areas are responsible for the credit evaluation in their respective industries, and conduct supervision and management according to the division of responsibilities.

The supervision and administration department of public resources trading is responsible for credit evaluation of the parties involved in public resources trading activities within their respective administrative areas.

City public * * * resource trading center is responsible for the construction and daily maintenance of public * * * resource trading credit evaluation system.

Chapter II Evaluation System and Supervision and Management

Article 5 The object of credit evaluation is the competitors and intermediaries participating in public resources trading activities.

(1) The appraisal object of engineering construction project refers to the legal person who participates in engineering construction activities such as survey, design, construction, supervision, bidding agency and cost consultation.

(2) The evaluation objects of government procurement projects are legal persons, other organizations or natural persons such as suppliers and procurement agents who provide goods, projects or services to purchasers.

(3) The evaluation objects of other public resource transactions refer to legal persons, other organizations, natural persons and auction companies that participate in the competition of public resource transactions such as state-owned property rights transactions and land auctions.

Article 6 The main bodies of credit evaluation are the supervision and management departments of public resources trading, the administrative departments of industries and other evaluation departments, the tenderers (construction units), purchasers, project units, competitors participating in public resources trading activities and public resources trading service institutions.

The administrative department in charge of industry refers to the departments of finance, urban and rural construction, transportation, municipal water affairs, agriculture and rural areas.

Other evaluation departments refer to human society, statistics, taxation and other departments.

The tenderer (construction unit) refers to the investment subject, investor or management subject of the engineering construction project.

The purchaser refers to the state organs, institutions and organizations that conduct government procurement according to law.

The project unit refers to the government, institution or other organization that conducts public resources trading activities such as auction and lease according to law.

Public resource trading service institutions refer to the municipal public resource trading center and its sub-centers.

Article 7 A comprehensive credit scoring system shall be implemented in credit evaluation, and the basic credit information, good behavior information and bad behavior information of the evaluation object shall be evaluated and scored.

Basic credit information refers to the basic information such as registration information, qualification information and personnel information of the evaluated object.

Good behavior information refers to the award-winning information related to public resources trading activities obtained by the evaluated object.

Bad behavior information includes information that the evaluated object violates laws and regulations and fails to perform the agreed obligations in accordance with the law in public resources trading activities.

Article 8 The municipal administrative department of industry shall, according to the requirements of industry supervision and management, formulate the detailed rules for the evaluation of the evaluation objects of this industry, collect and sort out the evaluation information of the evaluation objects by the relevant institutions of industry supervision and management, and make a credit evaluation score.

The Municipal Public Resource Trading Supervision and Administration Bureau shall formulate detailed rules for the evaluation of bidders, suppliers, bidders and other competitive subjects and intermediaries by the public resource trading supervision departments, tenderers, purchasers and project units. The evaluation subject evaluates and scores the behavior of the evaluation object in trading activities according to the evaluation rules.

The evaluation information of other evaluation departments on the credit evaluation object is obtained directly from the "Credit Fuyang" website by the credit evaluation system of the municipal public resources transaction. If a person is punished by different authorities for the same dishonest behavior, there will be no duplicate records.

The main department of credit evaluation shall collect, sort out, confirm and input the information of the subject of serious dishonesty in a timely manner, and publish it publicly on the municipal public resource trading network according to the law and regulations.

Article 9 The detailed rules for credit evaluation shall specify the subject, object, content, standard, scoring method, scoring basis, evaluation procedure, reporting time limit, objection handling and other contents of the evaluation, and impose administrative constraints and penalties on the subject of serious dishonesty in accordance with relevant regulations.

Chapter III Evaluation and Scoring Methods and Applications

Tenth evaluation object credit evaluation score is calculated according to the following weights:

The evaluation score of the industry administrative department accounts for 50% of the credit evaluation score; The evaluation score of the public resource transaction supervision department accounts for 30% of the credit evaluation score, and the evaluation score of the bidding purchaser accounts for 20% of the credit evaluation score. The evaluation of other evaluation departments shall be subject to the penalty system, with the maximum penalty of 10.

If the same evaluation object has multiple evaluation items in an evaluation period, its credit evaluation score shall be calculated according to the average value of evaluation scores of multiple items.

Article 11 If the evaluation object enters the evaluation information system for the first time without evaluation score, the initial score shall be calculated according to 50% of the evaluation score weight of the public resource transaction supervision department and the bidding purchaser.

Article 12 The credit rating of the appraisal object is divided into four grades: AAAA, AAA, AA and A. ..

(a) the cumulative score of 90 points or more (including 90 points) is listed as AAAA；;

(two) the cumulative score of 75 points or more (including 75 points) and 90 points or less was rated as AAA;

(three) the cumulative score of 60 points or more (excluding 60 points) and 75 points or less is classified as AA level;

(four) the cumulative score of 60 points or less is listed as the first level.

Thirteenth public resources trading supervision departments will apply the evaluation results to public resources trading activities.

Fourteenth tenderers, purchasers and project units will apply the credit evaluation results to public resources trading activities, and clarify the use methods of credit evaluation results.

Fifteenth the evaluation object's credit evaluation results as the credit evaluation basis for its participation in public resources trading activities.

Sixteenth listed in the "blacklist" of legal persons, other organizations and their personnel are prohibited from participating in public resources trading activities within the prescribed time limit.

Chapter IV Credit Evaluation System

Seventeenth city public * * * resources trading supervision and management bureau in conjunction with the relevant evaluation subjects to build a unified city-wide public * * * resources trading credit evaluation system, build a credit evaluation platform, and do a good job in system data docking.

Eighteenth credit evaluation system adopts the operation mode of grading, classified summary and centralized summary.

(1) The evaluation information of the public * * * resource transaction supervision and management department and the tenderee, purchaser and project unit on the evaluation object shall be uniformly entered by the public * * * resource transaction supervision department, and the evaluation information of other evaluation departments shall be entered by the relevant departments themselves.

(two) the credit evaluation system automatically summarizes the evaluation scores of the evaluation objects in combination with the evaluation results of all parties. The evaluation score of the evaluation information system for calculating the deadline of credit evaluation of bidding procurement projects shall prevail.

(three) the bad behavior information identified by the administrative supervision department is entered into the evaluation information system in real time.

Nineteenth evaluation level of the evaluation object, the period of being prohibited from participating in public resources trading activities, etc., shall be publicized on the municipal public resources trading network.

Chapter V Objection Handling and Responsibility

Twentieth during the publicity period, if the evaluation object has any objection to the credit evaluation of the evaluation subject, it shall be resolved through the following ways:

(a) of the administrative department in charge of industry, other evaluation departments, public * * * resources trading supervision departments have objections to the evaluation, the evaluation object should be reflected to the evaluation department, the evaluation department should be dealt with in accordance with the provisions and give a reply.

(two) there are objections to the evaluation of other evaluation subjects, the evaluation object should reflect to the evaluation subject, the evaluation subject should review and reply to the evaluation object, and if there are any mistakes, it should be corrected. If the evaluation object is not satisfied with the reply, it may complain to the public resource transaction supervision department where the project is located, and the public resource transaction supervision department shall investigate and give a reply. If there are any mistakes, ask the evaluation subject to correct them.

(3) If there is any objection to the summary score of the credit evaluation system, complain to the municipal public * * * resource transaction management department, and the municipal public * * * resource transaction management department will investigate and give a reply. If there is any error, correct it.

If the evaluation object is still not satisfied with the answers in Items (1) to (3) of this article, it may bring arbitration, administrative reconsideration or litigation.

Twenty-first in the process of objection handling, the result of objection handling shall not be traced back to the completed and ongoing bidding and procurement projects.

Twenty-second in the management of credit evaluation, under any of the following circumstances, the evaluation subjects and related staff shall be ordered by their higher authorities or relevant departments to make corrections, and given criticism and education or administrative sanctions in accordance with relevant regulations. If a crime is suspected, it shall be transferred to judicial organs for handling.

(a) failing to score according to the prescribed time, procedures or standards, failing to score, failing to score beyond the scope, or failing to score;

(two) shall not be published in the designated system or website or unauthorized collection, recording, publishing, disclosure and use of evaluation information;

(3) Concealing, misrepresenting or omitting credit information, thus causing reputation or economic losses to the appraisal subject;

(4) distorting or tampering with relevant credit information;

(five) the use of credit information for commercial activities;

(6) Other laws and regulations provide otherwise.

Chapter VI Credit Repair

Twenty-third credit repair management work follows the principle of "who decides, who repairs, who determines, who repairs", and repairs according to laws and regulations.

Twenty-fourth the assessed object has fulfilled the relevant legal obligations, corrected the relevant acts of dishonesty, and actively eliminated the harmful consequences and adverse social impact, and can apply to the assessment department for credit repair.

Article 25 To apply for credit repair, the appraised object shall submit the following materials: (1) an application for credit repair; (2) a letter of commitment to keep promises; (3) Relevant materials for fulfilling legal obligations and correcting illegal acts; (four) other information required by the evaluation department.

Article 26 The credit evaluation department shall make a decision on whether to approve the credit repair according to the credit repair system. If credit repair is granted, the credit information shall be repaired through the credit system within three working days from the date of making the decision; If the credit is not repaired, it shall inform the parties concerned and explain the reasons.

Chapter VII Supplementary Provisions

Twenty-seventh approach by the municipal public resources transaction supervision and management bureau is responsible for the interpretation of.

Article 28 These Measures shall come into force as of the date of promulgation.

Detailed Rules for Credit Evaluation of Housing Construction and Municipal Infrastructure Construction Enterprises in Fuyang City

Article 1 In order to strengthen the credit information management of public resources trading market, standardize the market behavior of construction enterprises, and create an honest and trustworthy market environment, these rules are formulated in accordance with the Interim Measures for the Administration of Credit Evaluation of Public Resources Trading in Fuyang City, the Detailed Rules for the Implementation of Credit Evaluation of Fuyang Construction Market (for Trial Implementation) and other provisions, and the actual situation of this Municipality.

Article 2 These Rules are applicable to the credit evaluation management of construction enterprises engaged in the bidding activities of housing municipal engineering construction projects on the public resource trading platform of our city.

Article 3 The principle of "whoever evaluates, who is responsible, who is in charge and who is responsible" shall be followed in the evaluation of integrity.

Article 4 The evaluation subjects of these Detailed Rules are Municipal Urban and Rural Construction Bureau, municipal and county (city) public resources transaction supervision and management departments, tenderers (construction units), Municipal People's Social Security Bureau, Municipal Statistics Bureau, Municipal Taxation Bureau, municipal courts and other departments.

Article 5 The Municipal Urban and Rural Construction Bureau shall evaluate the construction enterprises according to the evaluation methods formulated by it.

City, county (city) public * * * resources trading supervision and management bureau according to the "construction enterprise bidding and purchasing integrity evaluation standard" (public management evaluation) to evaluate the construction enterprises.

The tenderee shall evaluate the construction enterprises according to the Evaluation Standard for the Integrity of Bidding and Purchasing of Construction Enterprises (the tenderee).

The evaluation information of the Municipal People's Social Security Bureau, the Municipal Bureau of Statistics, the Municipal Taxation Bureau, the Municipal Court and other departments is obtained from "Credit Fuyang" through the credit evaluation system of public resources transactions.

Article 6 Credit evaluation of relevant subjects and employees of construction projects: the evaluation score of the Municipal Urban and Rural Construction Bureau accounts for 50% of the credit evaluation score; The evaluation score of the public resource transaction supervision department accounts for 30% of the credit evaluation score, and the evaluation score of the tenderee (purchaser) accounts for 20% of the credit evaluation score. The evaluation of the Municipal People's Social Security Bureau, the Municipal Bureau of Statistics, the Municipal Taxation Bureau and the Municipal Court shall be subject to a deduction system, with a maximum deduction of 10.

City, county (city) public * * * resources trading supervision and management bureau, the tenderer to the credit evaluation score of construction enterprises to implement 100 points system. The initial score accounts for 80% of the total score weight. A bonus system will be implemented for those with good behavior, and a deduction system will be implemented for those with bad behavior until the deduction is finished.

The credit score of the appraisal object is initial score+cumulative score of good behavior-cumulative deduction of bad behavior. Maximum score 100, minimum score 0.

Article 7 The evaluation results of construction enterprises by the Municipal Urban and Rural Construction Bureau shall be publicized by the Municipal Urban and Rural Construction Bureau.

The public * * * resource transaction supervision department will publicize the evaluation results of construction enterprises on the same day.

The tenderer's evaluation of the construction enterprise shall be submitted to the public resource transaction supervision department within 2 working days after its formation.

The public * * * resource transaction supervision department shall publicize the bid evaluation results of the tenderee on the municipal public * * * resource transaction network within 1 working day.

Article 8 If the evaluation object has any objection to the evaluation result, it shall submit a written objection to the evaluation subject within 5 working days from the date of publicity, and the overdue objection will not be accepted.

Article 9 The evaluation subject shall decide whether to accept or not within 2 working days from the date of receiving the objection. If it decides to accept the objection, it shall give a written reply to the objector within 5 working days from the date of accepting the objection.

Article 10 If the appraisee applies for credit restoration, and the reasons are valid, and it is necessary to modify the evaluation score, the appraisee shall submit the restoration result to the public resource trading institution while replying to the applicant.

Eleventh evaluation results within 3 working days after the expiration of the publicity, the evaluation subject has not received the notice to suspend or withdraw the original evaluation score, and the public resources transaction supervision department will incorporate the evaluation score into the evaluation target project score and take effect.

Twelfth these rules shall be interpreted by the municipal public resources transaction supervision and management bureau.

Thirteenth these rules shall come into force as of the date of issuance.

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