Encourage the use of electronic guarantee and reduce the cost of electronic guarantee.
Before the end of March 2023, comprehensively clear up all kinds of historical deposit deposits such as bid security, performance security, project quality security, and so on.
4、 Clear up historical deposit deposits.
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2、 Promote letter of guarantee (insurance) comprehensively.
Within the scope agreed in the bidding documents, the bidder and the winning bidder can choose the transaction guarantee method by themselves, and the tenderee, the bidding agency and any other unit shall not exclude, restrict or refuse.
Before the end of March, clear up all kinds of historical deposit deposits.
It is strictly prohibited to collect deposits or other fees without legal and regulatory basis in disguised form.
The tenderee shall accept non-cash transaction guarantee methods such as cash deposit and bank guarantee at the same time, and specify the form, amount or proportion, collection and return time, etc.
12), accelerate the reform of the bidding and tendering transaction guarantee system, reduce the transaction costs of bidding and tendering market entities, especially small and medium-sized enterprises, protect the legitimate rights and interests of all parties, and optimize the business environment in the bidding and tendering field, The requirements for improving the bidding transaction guarantee system and further reducing the bidding transaction costs are hereby notified as follows: 1.
For projects that must be tendered according to law and projects that must not be tendered according to law other than government-invested projects, local governments should formulate corresponding policies to encourage tenderers to specify the measures for reducing or reducing the bid security in the bidding documents according to the characteristics of the project and the integrity of the bidders.
If the deposit is submitted in cash, the principal of the deposit and the interest of the bank deposit for the same period shall be returned at the same time.
Before the end of May, the implementation of this notice shall be submitted to the National Development and Reform Commission to formulate the implementation plan or specific measures for the implementation of this notice in combination with the actual situation, and the relevant work arrangements, phased progress and results of the implementation of this notice, as well as the clearing of historical deposits, shall be submitted to the National Development and Reform Commission by the end of May 2023.
The tenderee shall accept cash deposit, bank guarantee and other non-cash transaction guarantee forms at the same time.
⏵ Original text of the document: Notice of the National Development and Reform Commission and other departments on improving the bidding transaction guarantee system and further reducing the bidding transaction costs (FGF [2023] No.
3、 Standardize the collection and return of deposits.
of bidding transaction guarantee in the bidding documents.
No unit shall unlawfully seize, default, embezzle or misappropriate all kinds of deposits.
The Tenderee is encouraged to give preferential treatment of reducing or remitting the bid security to small and medium-sized enterprises with no record of dishonesty or bidders with good credit records.
The Tenderee is encouraged to accept the guarantee of guarantee institution, insurance policy of insurance institution and other non-cash transaction guarantee methods to pay bid bond, performance bond and project quality bond.
Within the scope agreed in the bidding documents, the bidder and the winning bidder can choose the transaction guarantee method by themselves, and the tenderee, the bidding agency and any other unit shall not exclude, restrict or refuse.
If the deposit is submitted in cash, the principal of the deposit and the interest of the bank deposit for the same period shall be returned at the same time.
Recently, the National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development and other 13 departments issued the Notice on Improving the Bidding Transaction Guarantee System and Further Reducing the Bidding Transaction Cost, which clarified that the tenderee should not force the bidder and the winning bidder to pay cash deposit! The tenderee of a project that must be tendered according to law may not force the bidder or the winning bidder to pay cash deposit.
Fully promote letter of guarantee (insurance) and encourage the tenderee to accept the letter of guarantee of guarantee institution, insurance policy of insurance institution and other non-cash transaction guarantee methods to pay bid bond, performance bond and project quality bond.
The tenderee, the bidding agency and other platforms and service institutions entrusted with providing the deposit collection and custody service shall return the deposit in time in strict accordance with the specific method and time limit of the deposit collection and return specified in the legal provisions, the bidding documents and the contract.
The tenderee of a project that must be tendered according to law may not force the bidder or the winning bidder to pay cash deposit.
Before the end of March 2023, formulate and promulgate policies and measures to encourage the tenderers of local government-invested projects to stop collecting bid security in a comprehensive or phased manner, or to reduce or reduce bid security by category, and improve the supporting mechanism to protect the legitimate rights and interests of tenderers.
Before the end of March, formulate and promulgate the policy of encouraging the reduction or exemption of bid security.
No unit shall unlawfully seize, default, embezzle or misappropriate all kinds of deposits.
The tenderee, the bidding agency and other platforms and service institutions entrusted with the collection and custody of the deposit shall strictly abide by the provisions on the guarantee of the bidding transaction, and it is strictly prohibited to collect the deposit or other fees without legal and regulatory basis in any guise.
No unit or individual may designate a bank, guarantee institution or insurance institution to issue a guarantee or insurance policy for the bidder or the winning bidder.
27) of the Development and Reform Commission of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps, the competent departments of industry and information technology, the Department of Housing and Urban-Rural Development (commission, bureau), the Department of Transport (bureau, commission), the Department of Water Resources (bureau), the Department of Agriculture and Rural Affairs (bureau, commission) Commerce (Bureau), State-owned Assets Supervision and Administration Commission, Radio and Television Administration, Energy Administration, leading department of bidding guidance and coordination, leading department of public resources trading platform integration, communication administrations of all provinces, autonomous regions and municipalities directly under the Central Government, agencies of the National Energy Administration, regional railway regulatory bureaus, regional administrations of civil aviation, banking and insurance regulatory bureaus, national public resources trading platform China’s public service platform for bidding and tendering: in order to thoroughly implement the requirements of the Notice of the State Council on Printing and Distributing the Implementation of a Solid and Stable Economic Package Policy (GF [2022] No.
Strictly regulate the bidding transaction guarantee behavior.
