Yucaigou﹝2021﹞6号 

Provincial departments and units, provincial finance bureau, Jiyuan Demonstration Zone Finance and Financial Bureau, county (city) finance bureau, provincial public resources trading center:

In order to further optimize the business environment for government procurement, maintain a fair and just government procurement market and orderly competition, prevent and punish the unfair competition behavior of suppliers' bidding collusion, and promote the integrity construction of government procurement, the relevant matters are hereby notified as follows:

First, strengthen the procurement document preparation link prevention

Purchasers, procurement agencies should effectively do a good job of supplier bidding, bidding, accompanied by the behavior of prevention，In addition to the malicious collusion and deemed as bidding collusion as provided for in government procurement laws and regulations，On the premise of not affecting fair competition，It can be clearly stipulated in the procurement documents that suppliers participating in the same tender section (package) exist in one of the following circumstances，Their bid (response) documents are invalid:

(a) Different suppliers of electronic bidding (response) file upload computer network cardMAC地址、CPUThe serial number is the same as the hard disk serial number and other hardware information;

(2) The bidding (response) documents of different suppliers are prepared, printed, encrypted or uploaded by the same electronic equipment;

(3) The bidding (response) documents of different suppliers are printed and copied by the same electronic equipment;

(4) The bidding (response) documents of different suppliers are served or distributed by the same person, or the contact numbers of different suppliers are the same or different contacts;

(5) The content of the tender (response) documents of different suppliers has two or more details wrong and consistent;

(6) The legal representatives, entrusted agents, project managers, project leaders of different suppliers pay social insurance or receive remuneration from the same unit;

(7) The legal representative or person in charge of the bidding (response) documents of different suppliers is signed by the same person;

(8) Other circumstances of suspected collusion。

Second, strengthen big data analysis and early warning

It is necessary to improve the interconnection and information sharing mechanism between the electronic government procurement platform and the public resource trading platform, and realize the electronic process of government procurement management and trading。The public resources trading platform should improve the electronic operation mechanism of government procurement trading links，Establish an early warning mechanism for big data analysis，The frequency of suppliers' participation in government procurement activities, the probability of winning the bid (transaction), the quotation situation, the performance situation, etc，Conduct a comprehensive analysis of supplier integrity，Timely warning of abnormal phenomena such as multiple simultaneous bidding, taking turns winning bids, repeated unsuccessful bids, and multiple abandoned bids for relatively fixed groups，Focus tracking。It is necessary to strengthen the comparative analysis of electronic bidding (response) documents, improve the identification ability of the bidding (response) documents, such as similarity, abnormal consistency, regular quotation, etc., strengthen the early warning and prevention of bidding and bidding through technical means, and provide data support for project review, supervision and inspection。

Third, we will enhance the disclosure of government procurement information

Purchasers and procurement agencies should publish government procurement information in a timely, complete, comprehensive and accurate manner, promote effective and fair competition in government procurement, and effectively put government procurement activities under the sun。Gradually expand the scope of government procurement bid-winning (transaction) information announcement, in addition to the statutory bid-winning (transaction) suppliers and the main bid-winning target information, where conditions can be allowed to fail to win (transaction) supplier list and address, evaluation results and other information can be disclosed together, widely accept social supervision。

Fourth, strengthen supervision, inspection and punishment

Purchasers, procurement agencies, review committees and suppliers shall supervise and restrict each other in government procurement activities according to law, and consciously accept the supervision of financial departments at all levels。If any illegal acts such as bidding collusion are found, they shall report to the financial department in a timely manner。Financial departments at all levels should earnestly strengthen the supervision and management of government procurement activities, promptly investigate and handle illegal acts such as bid-rigging in government procurement activities, and deal with them according to law and regulations。For collusive bidding acts with bad impact, serious circumstances and serious losses, or collusive bidding acts that cannot be punished by the financial department due to insufficient investigation means, they shall be handed over to the public security organs for investigation and investigation according to law。

Fifth, strengthen joint punishment

Promote the sharing and mutual recognition of information on the punishment of bidding collusion in the field of engineering tendering and bidding, and the results of the punishment of suppliers' bidding collusion in the field of engineering tendering and bidding administrative departments can be directly accepted in the provincial government procurement activities, and the purchaser and procurement agency should be specified in the bidding and procurement documents。Where the people's court finds in the judgment documents of cases involving government procurement that there is collusion in bidding and needs to impose administrative penalties, the financial department may add administrative penalties according to the court's judgment。The financial department shall timely disclose the information on the punishment of suppliers' collusion in bidding, incorporate the suppliers' credit information and bad behavior records in accordance with the law, and incorporate their credit information into the "credit Henan" credit information sharing platform。

6. Strengthen supplier publicity

Financial departments at all levels should, in accordance with the requirements of "who will enforce the law and who will popularize the law", do a good job in the publicity of government procurement laws and regulations, and actively carry out policy training, propaganda, interpretation and other activities, so that government procurement policies, especially the policy of benefiting enterprises and assisting enterprises, can be directly directed to suppliers。Give full play to the communication coverage of emerging media such as short messages, wechat and public accounts, popularize government procurement laws and regulations to suppliers, let suppliers deeply understand the rights and obligations to participate in government procurement activities, and improve the legal awareness and fair competition awareness of government procurement suppliers。Strengthen the warning and publicity of suppliers' illegal cases such as bidding, bidding, and accompanying bidding, let suppliers know the legal responsibility and serious consequences of bidding collusion, and promote suppliers to participate in government procurement activities according to law。

2021年12月31日