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The NDRC issued a document clarifying disciplinary measures for dishonest trading of public resources
Release time: 2017-02-27 13:50:50
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Author: Kaifeng Public resources trading information Network
According to the National Development and Reform Commission website news, 20 issued the "public resources trading credit management Measures (draft)"。The draft for comments proposes that natural persons, legal persons and other organizations should take disciplinary measures such as focusing on supervision and inspection if they have illegal and dishonest information such as cheating and cheating and accepting bribes in the trading of public resources。
The draft for Comments makes it clear that disciplinary information refers to the information legally identified by administrative supervision and management departments, judicial organs and institutions authorized by laws and regulations with the function of public affairs management, and that natural persons, legal persons and other organizations have broken the law and regulations in the trading of public resources, and failed to fulfill the agreed obligations according to law。
It mainly includes: violation of the principle of fair competition，Harming the interests of the state, the public interest or the lawful rights and interests of others;Providing false materials to seek transactions;Malicious collusion between the parties;Trading in the name of another person or otherwise engaging in fraud，Fraudulent transactions;Deviating from the substantive content of the contract and concluding other agreements;Seeking profits by bribery or other illegal means;Refusal to fulfil statutory obligations，Penalty information or other untrustworthy information that seriously affects the credibility of judicial or administrative organs;Disclosing to others the evaluation and comparison of the transaction documents, the recommendation of the successful candidate and other information related to the evaluation of the bid;Refusing supervision and inspection by relevant departments or providing false information;Fabricate facts and falsify materials，Or obtaining certification materials by illegal means for questioning and complaint;Disclosing confidential information to another person, concealing or destroying documents and materials that should be kept, or forging or fabricating documents and materials;Accepting bribes or seeking illegitimate benefits by taking advantage of one's position;The tenderee evades bidding or refuses to perform contractual obligations;Failing to fulfill its public commitments;Other information related to penalties imposed by the administrative supervision and management department of public resources trading on parties involved in public resources trading activities。
The draft for Comments proposes that where parties to public resource trading activities have the above provisions, the following disciplinary measures should be taken against them:
First, the initiator of the project through the bidding documents and other transaction documents agreed to restrict its participation in public resources trading activities according to law。Where a transaction is applied in the form of a consortium, if the members of the consortium have disciplinary information, the consortium shall be regarded as the object of punishment;
Second, the project sponsor shall inquire its credit information before entrusting the relevant agency to carry out the transaction, and encourage the selection of the agency with no credit violation record;
Third, the management department of the bid evaluation expert database shall not employ natural and artificial bid evaluation and evaluation experts with disciplinary information。If disciplinary information is generated during the employment period, it shall be promptly removed;
Fourth, the intermediary agent or service agency shall make an agreement through the employment and dismissal conditions in the employment document, and restrict the practitioners with disciplinary information to participate in public resource trading activities according to law;
Fifth, the administrative supervision and management department lists it as a key object of supervision and inspection, and increases the frequency of inspection in daily supervision and special inspection。
The "Draft for Comments" clearly states that reward information refers to the award information obtained by the parties to public resource trading activities related to public resource trading activities and approved by The State Council or the provincial people's government to retain the evaluation and recognition projects。
Draft for comments，The parties to the public resources trading activities have the reward information as prescribed above，可以采取以下激励措施：一是公共资源交易平台运行服务机构可提供优先办理、简化程序等便利服务措施； 二是鼓励项目发起方优先选择中介代理和服务机构；三是对评标、评审专家年终考核予以加分。
About joint rewards and penalties，Draft for comments，Parties who produce disciplinary information in the trading activities of public resources，Administrative supervision and administration departments at all levels shall, together with other relevant administrative departments, carry out joint punishments in the fields of taxation, industrial and commercial credit management, financing credit granting, land transfer and allocation, inspection and quarantine, customs certification, government fund support, enterprise bond issuance, tariff quota allocation, etc。
In terms of the handling of objections, the Draft for Comments proposes that parties or interested parties to public resource trading activities believe that the public credit information is inconsistent with the facts, and can raise objections to the relevant credit information publishing units in written form。The credit information publishing unit shall verify and put forward handling opinions within 20 working days from the date of accepting the objection, and inform the person who raised the objection。If the relevant information does not conform to the facts, the information publishing unit shall correct it in a timely manner and make an announcement。
The draft for comments points out that parties to public resource trading activities providing false credit information for public resource trading shall be dealt with by relevant administrative supervision and management departments in accordance with relevant provisions。The processing information is disclosed to the public through the service system of the public resource trading platform。Those suspected of committing crimes shall be transferred to judicial organs for handling according to law。
Where any unit or individual abuses credit information for trading public resources, or illegally provides credit information for trading public resources that is not publicly available to a third party, its competent department shall order it to make corrections and issue a notice of criticism。If a person is suspected of violating discipline or law, the person directly responsible and the relevant leader shall be investigated for the responsibility according to law。Those suspected of committing crimes shall be transferred to judicial organs for handling according to law。
Public resource trading credit information release, maintenance, management units and their staff, in the collection of credit information, public sharing of the process of fraud, favoritism and malpractice, by the competent departments ordered to correct, and issued a circular criticism。If a person is suspected of violating discipline or law, the person directly responsible and the relevant leader shall be investigated for the responsibility according to law。Those suspected of committing crimes shall be transferred to judicial organs for handling according to law。
Where the administrative supervision and management departments of public resources trading at all levels and their staff practice fraud or engage in malpractices for personal gains in the recording, disclosure, sharing and use of credit information of public resources trading, they shall be ordered by their units or superior competent authorities to make corrections and be notified and criticized。If a person is suspected of violating discipline or law, the person directly responsible and the relevant leader shall be investigated for the responsibility according to law。Those suspected of committing crimes shall be transferred to judicial organs for handling according to law。
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