In order to implement the Notice of the National Development and Reform Commission and other Departments on Improving the Guarantee System of Bidding and Tendering Transactions and Further Reducing the Transaction Costs of Bidding and Tendering (2023) 27) and the Implementation Opinions of the General Office of the Sichuan Provincial People's Government on Continuously Optimizing the Business Environment and Regulating the Conduct of Bidding and Tendering Entities (Sichuan Ban Regulation (2022) 8), Systematically promote the reform of the bidding and bidding transaction guarantee system, focus on reducing the transaction costs of the bidding and bidding market players, especially small and medium-sized enterprises, protect the legitimate rights and interests of all parties, optimize the business environment in the field of bidding and bidding, and help stabilize the overall economic growth, and now further improve the bidding and bidding transaction guarantee system and reduce the bidding and bidding transaction costs as follows:

First, carry out a special action to clear historical precipitation deposit

(1) Refund the bid deposit of historical deposit.

1. Remove the main body. In accordance with the principle of "who collects, who clears, who returns", the tenderer and its entrusted bidding agency shall actively carry out the inventory, clearing and return of the historical deposit bid security, and entrust the public resources trading service center to collect it, apply to the public resources trading service center at all levels, and return the deposited and refuntable bid security to the bidder's basic account in a timely manner. Public resource trading service centers at all levels shall take the initiative to urge tenderers and bidding agencies to initiate the process of returning bid security, and guide third-party bid security custodians to clear bid security. If the bid security needs to be temporarily withheld due to complaints and reports, case investigation, etc., the bid inviter and its entrusted bidding agency shall promptly return the bid security that should be returned based on the investigation conclusion after the investigation is completed.

2. Clearance range. Take April 15, 2023 as the node, before which the bid validity period has expired, should not be returned by law must tender project cash bid security.

3. Drill down. The public resource transaction service center at all levels shall thoroughly sort out the historical precipitation bid security that should be cleared for collection and management, establish a ledger according to the project, and notify the tenderee and its entrusted bidding agency to pay close attention to the return. After receiving the notice, the bid inviter and the bidding agency shall promptly initiate the application for return of the deposit bid security that meets the scope of liquidation; The bid security in the state of seizure shall be explained to the relevant public resources trading service center. Where the relevant department directly notifies the public resources trading Service center of the suspension of bid security, the public resources trading service center shall ask the department of the suspension of bid security whether it can be returned.

4. Sorting disposal. If the bid deposit involves the bidder's termination or inability to contact, if the project tender is an enterprise, the relevant public resources transaction service center shall transfer the bid deposit and interest to the tenderer; If the tender is organized by state organs, institutions and organizations, and the tenderer and the bidder are terminated or unable to contact, the relevant public resources trading service center shall issue a bid security notice on the public resources trading service platform at the same level, and if no one claims it within one year from the date of publication, it shall be paid to the national Treasury together with the interest on the bid security.

(2) Clearing historical deposit performance bond and project quality bond.

1. Remove the main body. Project owner unit and related project management unit.

The administrative departments of economy and information technology, natural resources, housing urban and rural construction, transportation, water conservancy (water), agriculture (agriculture and animal husbandry), radio and television, and energy at all levels shall urge and guide the owner units of the projects under supervision and the relevant project management units to return the performance bond and project quality bond in a timely manner in accordance with the contract. The state-owned assets supervision and administration departments at all levels shall urge and guide the relevant state-owned enterprises to return the performance bond and project quality bond in a timely manner in accordance with the contract.

2. Clearance range. Take April 15, 2023 as the node, before which the contract should be returned in the form of cash to pay in accordance with the law must tender project performance bond and project quality bond. Except in the case of disputes and non-refund due to the contractor's breach of contract.

3. Clear out promptly. The responsible unit shall return the unreturned performance bond and project quality bond before December 1, 2023.

3. Strengthening supervision and implementation.

1. Voluntarily accept social supervision. All levels of development and reform (energy), economy and information technology, natural resources, housing urban-rural construction, transportation, water conservancy (water), agriculture (agriculture and animal husbandry) rural areas, state-owned assets supervision and management, radio and television, public resources trading service centers and project owners and other departments (units) should take the initiative to open and return the historical deposit supervision telephone, Urge relevant units to promptly study and deal with the problems reflected by market entities. If a response is received that does not fall within the scope of responsibilities of the department (unit), it shall be promptly forwarded to the competent department (unit) for handling, or inform the market entity of the corresponding accepting department (unit) and contact information. The return of the security deposit of the non-legally required bidding projects and subcontracted projects shall be settled by the parties through negotiation, arbitration and litigation.

2. Timely announcement of clean-up results. Before December 1, the development and reform departments at all levels shall timely announce the results of the liquidation of historical deposit deposits in the region through the portal website of their units or the website of the public resource trading service platform at the same level, and other relevant departments, units and enterprises shall disclose the results of the liquidation to the public through the relevant public service platform network, window or portal website; The relevant departments of local governments, relevant units and enterprises shall regularly carry out the cleaning work of historical deposit deposits every year in the future, and disclose the cleaning results to the society through the relevant public service platform network, window or portal website.

2. Waiver of bid security by category

(4) Continue to reduce the limit of bid security. In 2023, the bid security of construction projects tendering by state organs, public institutions and organizations at all levels shall not exceed 1% of the bid control price. Encourage all localities to formulate and introduce policies and measures to encourage local government investment project tenderers to stop collecting bid security in a comprehensive or phased manner, or reduce bid security by category, in combination with credit incentives, and improve supporting mechanisms to protect the legitimate rights and interests of tenderers.

(5) Encourage differentiated payment of bid security. The tenderer is encouraged to specify measures for reducing or reducing bid security in the bidding documents according to the characteristics of the project and the integrity of the bidder. The tenderer shall be encouraged to give preferential treatment of bid security reduction to small, medium and micro enterprises with no record of breach of trust or bidders with good credit records. Encourage tenderers of state-owned enterprises and institutions to formulate and implement relevant measures for reducing or reducing bid security by category.

Enterprises and public institutions that implement a centralized bidding and procurement system are encouraged to explore and try out a centralized transaction guarantee mechanism corresponding to the scope of centralized bidding and procurement, so as to avoid bidders from providing bid security repeatedly.

Third, accelerate the improvement of tender and bidding transaction guarantee service system

(6) Comprehensively promote letters of guarantee (insurance). The tenderee shall accept cash deposit and bank guarantee at the same time, and encourage the tenderee to pay the deposit by other non-cash transaction guarantee methods such as guarantee letter of guarantee institution and insurance policy of insurance institution. Performance bond and project quality bond submitted in cash can be replaced by a guarantee letter with the consent of the project owner. Encourage the use of electronic letters of guarantee, expand the coverage of electronic letters of guarantee accessing public resource trading platforms, actively promote market competition, and reduce the cost of electronic letters of guarantee.

(7) Standardize the selection of guarantee institutions for bidding and tendering transactions. All localities shall publicly solicit guarantee institutions for bidding and tendering transactions. On the premise of ensuring the safety of transactions, guarantee institutions are encouraged to compete fairly, and guarantee fees and service procedure fees are effectively reduced. Guarantee institutions that carry out guarantee business on the same platform are prohibited from reaching an agreement to fix or change commodity prices.

All localities should fully understand the significance of further improving the guarantee system for bidding and bidding transactions and reducing the cost of bidding and bidding transactions, effectively improve the political position, earnestly implement the relevant national and provincial requirements, and explore effective implementation measures in combination with local realities. The municipal (prefecture) development and reform Commission shall report the relevant practices and work progress of the implementation of this notice to the Provincial Development and Reform Commission before May 15 (fill in the annex); Before December 15, the liquidation result of historical deposit deposit in this area (fill in the attachment) shall be submitted to the Provincial Development and Reform Commission. The performance bond and project quality bond of the provincial state-owned enterprises and their subordinate companies at all levels shall be counted by the provincial state-owned enterprises and reported to the provincial SASAC for unified feedback to the provincial Development and Reform Commission, and shall not be included in the scope of city (state) statistics.

Appendix: 1. Statistical table of liquidation of bid security

2. Statistical table of clearing of performance bond

3. Statistical table of the liquidation of project quality deposit

Sichuan Provincial Development and Reform Commission Sichuan Economic and Information Department

Sichuan nature of the housing and construction department

Sichuan Provincial Department of Transportation Sichuan Provincial Water Resources Department

Sichuan Provincial Department of Agriculture and Rural Affairs State-owned Assets Supervision and Administration Commission of Sichuan Provincial Government

Sichuan Provincial Radio and Television Bureau Sichuan Provincial Energy Bureau

Government affairs service and public resources trading service center of Sichuan Province

On March 28, 2023

Annex 1

Statistical table of liquidation of bid bond

Units: ten thousand yuan

Serial number

Filing unit

The sum of settled bid security deposit

(1) = (2) + (3) + (4) + (5)

The amount of the bid security that has been returned to the bidder

(2)

The amount of bid security expected to be returned to the bidder

(3)

The amount of bid security expected to be transferred to the tenderer

(4)

Expected to be transferred to the Treasury

Bid security amount

(5)

one

2

3

Annex 2

Performance bond liquidation statistics

Units: ten thousand yuan

Serial number

Filing unit

The total amount of settled performance bond cleared

(1) = (2) + (3) + (4)

Returned performance

Margin amount

(2)

Expected return of performance

Margin amount

(3)

Non-refundable performance expected

Margin amount

(4)

one

2

3

Note: Due to the contractor's breach of contract and not returned, do not belong to the scope of this cleanup

Annex 3

Statistical table of liquidation of project quality deposit

Unit: ten thousand yuan

Serial number

Filing unit

Clean out the sediment engineering quality

Total margin

(1) = (2) + (3) + (4)

Quality of works returned

Margin amount

(2)

Quality of works expected to be returned

Margin amount

(3)

Works that are not expected to be returned

Quality deposit amount

(4)

one

2

3

Note: Due to the contractor's breach of contract and not returned, do not belong to the scope of this cleanup