Beijixing.com: Recently, 8 departments including the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, and the State Administration for Market Regulation jointly issued the “Rules for Review of Fair Competition in Tendering and Bidding ” (National Development and Reform Commission Order No. 16, hereinafter referred to as the “Rules”) The Rules is the first departmental regulations for fair competition review in specific fields and industries. The decision-making and deployment of the market environment shall be connected with existing systems such as the “Implementation Rules of the Fair Competition Review System” and closely combined with the characteristics and concerns of the tendering and bidding market to refine and implement the review standards, review mechanisms and supervision and management of fair competition review in the field of tendering and bidding.

Wind power projects belong to large-scale infrastructure, public utilities and other projects concerning social public interests and public safety. According to the provisions of the “Tendering and Bidding Law”, bidding is the only feasible procedure when it comes to the selection of project survey, design, construction, and supervision of wind power construction projects as well as the procurement of important equipment, materials, and everything else that are related to construction.

The Rules targets administrative agencies and organizations authorized by laws and regulations to manage public affairs. Frankly speaking, they mainly restrain the administrative departments of tending and bidding activities, commonly known as “Tender and Bid Offices”. What exactly is restricted? Mainly in the following aspects:

(1) The tenderer’s autonomy to organize bidding, select bidding agencies, and prepare pre-qualification documents and bidding documents shall be respected and guaranteed;

(2) No exclusionary or discriminatory measures shall be formulated for business entities to participate in bidding activities;

(3) The tender documents (pre-qualification documents) formulated shall not contain exclusionary or discriminatory content;

(4) Respect and protect the bidder’s right to determine bids, and implement the bidder’s main responsibility for determining bids;

(5) Credit evaluation activities can be carried out, but the credit evaluation results must be reasonably applied;

(6) Standardize the transaction process and ensure fair participation of business entities in competition;

(7) Standardize the collection of deposits

(8) Newly released bidding policies must undergo fair competition review; already released policies and measures that violate fair competition must be dynamically cleaned up and abolished.

The above is the general content of this file. Generally speaking, it is necessary to limit excessive interference by regulatory authorities in tendering and bidding activities and eliminate local protection and administrative monopoly, so as to build a unified national market.

Please see the link for the original text of “Review Rules for Fair Competition in the Field of Tendering and Bidding”

Source: Beijixing.com