Fu Gong Guan [2022] No.52
All relevant units:
In order to further improve the credit system of public * * resources transaction and maintain fair competition order in the market, according to the relevant regulations and combined with the actual situation of our city, our bureau has formulated the Interim Measures for the credit evaluation management of public * * * resources transaction in Fuyang, the detailed rules for the credit evaluation of housing construction and municipal infrastructure construction enterprises in Fuyang, and the detailed rules for the credit evaluation of public * * resources transaction intermediaries and employees in Fuyang, which are hereby printed and distributed, please follow them.
August 26(th), 2022
Interim Measures for the administration of credit evaluation of public resources transactions in Fuyang City
Chapter I General Principles
Article 1 In order to establish and improve the credit system of public resources trading, improve the system of trustworthiness incentive and dishonesty punishment, enhance the awareness of all parties in public resources trading activities to be honest and trustworthy and trade according to law, and maintain the fair competition order in the market, according to the Civil Code of the People's Republic of China, Regulations on Optimizing the Business Environment, Opinions on Promoting the Construction of High-quality Social Credit System and Promoting the Formation of a New Development Pattern, the State Council General Office forwarded to the National Development and Reform Commission on deepening the public sector.
Article 2 These Measures shall apply to the credit evaluation management of relevant subjects who participate in government procurement, bidding for construction projects and other public resources trading activities on Fuyang public resources trading platform.
Article 3 Credit evaluation shall follow the following principles:
(1) The principles of openness, fairness and impartiality;
(2) The principles of legality, objectivity and prudence;
(3) The principle of keeping state secrets, commercial secrets and personal privacy according to law;
(four) the principle of who evaluates, who is responsible, who is in charge and who is responsible;
(five) the principle of trustworthy incentives and disciplinary action.
Article 4 A unified credit evaluation system for public * * * resources transactions in the whole city shall be established, with graded responsibility, classified evaluation, comprehensive rating, dynamic management, openness and transparency, and information sharing.
City public * * * resources trading supervision and management department is responsible for the overall organization and coordination of the city's public * * * resources trading credit evaluation system.
The administrative departments of finance (SASAC), urban and rural construction, transportation, water conservancy, agriculture and rural areas are responsible for the credit evaluation within their respective industries, and conduct supervision and management according to the division of responsibilities.
The supervision and administration department of public resources trading is responsible for the credit evaluation of the parties involved in the public resources trading activities in the administrative area.
City public * * * resource trading center is responsible for the construction and daily maintenance of public * * * resource trading credit evaluation system.
Chapter II Evaluation System and Supervision and Management
Article 5 The object of credit evaluation is the competitors and intermediaries who participate in public resources trading activities.
(a) the evaluation object of engineering construction project refers to the legal person who participates in the survey, design, construction, supervision, bidding agency, cost consultation and other engineering construction activities.
(2) The evaluation objects of government procurement projects are legal persons, other organizations or natural persons such as suppliers and procurement agents who provide goods, projects or services to purchasers.
(3) The evaluation objects of other public resources trading projects refer to legal persons, other organizations, natural persons and auction companies that participate in the competition of public resources trading such as state-owned property rights trading and land auction.
Article 6 The main body of credit evaluation is the supervision and management department of public resources trading, the administrative department in charge of industry and other evaluation departments, the tenderee (the construction unit), the purchaser, the project unit, the competition subject participating in public resources trading activities and the public resources trading service institutions.
The administrative department in charge of industry refers to the departments of finance, urban and rural construction, transportation, municipal water affairs, agriculture and rural areas.
Other evaluation departments refer to human society, statistics, taxation and other departments.
The tenderer (construction unit) refers to the investment subject, investor or management subject of the engineering construction project.
The purchaser refers to the state organs, institutions and organizations that conduct government procurement according to law.
The project unit refers to the government, institutions or other organizations that carry out auction, lease and other public resources trading activities according to law.
The public resource trading service institution refers to the municipal public resource trading center and its sub-centers.
Article 7 The comprehensive credit scoring system shall be implemented in credit evaluation, and the basic credit information, good behavior information and bad behavior information of the evaluation object shall be evaluated and scored.
Basic credit information refers to the registration information, qualification information, personnel information and other basic information of the evaluated object.
Good behavior information refers to the award-winning information obtained by the evaluated object related to public resources trading activities.
Bad behavior information includes the information that the appraised object violates laws and regulations and fails to fulfill the agreed obligations in accordance with the law in public resources trading activities.
Article 8 The municipal administrative department of industry shall, in accordance with the requirements of industry supervision and management, formulate detailed rules for the evaluation of the evaluation objects in this industry, collect and sort out the evaluation information of the evaluation objects by the relevant institutions of industry supervision and management, and make credit evaluation scores.
The Municipal Public * * Resource Trading Supervision and Administration Bureau shall formulate detailed rules for the evaluation of bidders, suppliers, bidders and other competitive subjects and intermediaries by the public * * resource trading supervision departments, tenderers, purchasers and project units. The evaluation subject evaluates and scores the behavior of the evaluation object in the trading activities according to the evaluation rules.
The evaluation information of other evaluation departments on the credit evaluation object is obtained directly from the "Credit Fuyang" website by the credit evaluation system of the municipal public resources transaction. If a person is punished by different authorities for the same act of dishonesty, no duplicate records will be made.
The main departments of credit evaluation should collect, sort out, confirm and input the information of serious untrustworthy subjects in a timely manner, and publish it publicly on the municipal public resource trading network according to laws and regulations.
Article 9 The detailed rules for credit evaluation shall specify the subject, object, content, standard, scoring method, scoring basis, evaluation procedure, reporting time limit, objection handling and other contents of the evaluation, and impose administrative constraints and punishments on the subject of serious dishonesty in accordance with the relevant provisions.
Chapter III Evaluation Scoring Method and Application
Tenth evaluation object credit evaluation score is calculated according to the following weights:
The evaluation score of the industry administrative department accounts for 50% of the credit evaluation score; The evaluation score of the public * * * resource transaction supervision department accounts for 30% of the credit evaluation score, and the evaluation score of the bidding purchaser accounts for 20% of the credit evaluation score. Other evaluation departments implement the scoring system, with a maximum score of 10.
If the same evaluation object has multiple evaluation items within an evaluation period, its credit evaluation score shall be calculated according to the average value of evaluation scores of multiple items.
Article 11 If the evaluation object initially enters the evaluation information system without evaluation score, the initial score shall be calculated by 50% of the evaluation score weight of the public resource transaction supervision department and the bidding purchaser.
Article 12 The credit rating of the evaluation object is divided into four grades: AAAA, AAA, AA and A..
(a) the cumulative score of 90 points or more (including 90 points) is classified as AAAA;
(two) the cumulative score of 75 points or more (including 75 points) and 90 points or less are classified as AAA;
(three) the cumulative score of 60 points or more (excluding 60 points) and 75 points or less is classified as AA level;
(four) the cumulative score of 60 points or less is classified as a level.
Thirteenth public resources trading supervision departments will apply the evaluation results to public resources trading activities.
Fourteenth the tenderer, the purchaser and the project unit will apply the evaluation results to the public resources trading activities, and specify the use method of the credit evaluation results.
Fifteenth evaluation object's credit evaluation results as the credit evaluation basis for their participation in public resources trading activities.
Sixteenth legal persons, other organizations and their personnel listed in the "blacklist" are prohibited from participating in the trading activities of public resources within the prescribed time limit.
Chapter IV Credit Evaluation System
Seventeenth city public * * * resources trading supervision and management bureau in conjunction with the relevant evaluation subjects to build a unified city-wide public * * * resources trading credit evaluation system, build a credit evaluation platform, and do a good job in system data docking.
Article 18 The credit evaluation system adopts the operation mode of grading, classifying and collecting, and concentrating and summarizing.
(a) the public * * * resource transaction supervision and management department and the tenderee, purchaser and project unit shall input the evaluation information of the evaluation object uniformly by the public * * * resource transaction supervision department, and the evaluation information of other evaluation departments shall be input by the relevant departments themselves.
(two) the credit evaluation system automatically summarizes the evaluation scores of the evaluation objects in combination with the evaluation results of all parties. The evaluation score of the evaluation information system of the deadline for calculating the credit evaluation of bidding and procurement projects shall prevail.
(three) the bad behavior information determined by the administrative supervision departments is input into the evaluation information system in real time.
Nineteenth the evaluation level of the evaluation object, the time limit for being prohibited from participating in public resources trading activities, etc., shall be publicized on the municipal public resources trading network.
Chapter V Objection Handling and Responsibility
Twentieth during the publicity period, if the evaluation object has any objection to the credit evaluation of the evaluation subject, it shall be solved through the following ways:
(a) of the administrative department in charge of industry, other evaluation departments, public * * * resources trading supervision departments have objections to the evaluation, the evaluation object should be reflected to the evaluation department, the evaluation department should be dealt with in accordance with the provisions and give a reply.
(two) there are objections to the evaluation of other evaluation subjects, the evaluation object should reflect to the evaluation subject, and the evaluation subject should review and reply to the evaluation object, and if there are any mistakes, it should be corrected. If the evaluation object is not satisfied with the reply, it can complain to the regulatory department of public resources trading where the project is located, and the regulatory department of public resources trading shall investigate and give a reply. If there is any mistake, it requires the evaluation subject to correct it.
(3) If there is any objection to the summary score of the credit evaluation system, complain to the municipal public * * * resource transaction management department, and the municipal public * * * resource transaction management department shall investigate and give a reply, and correct it if there is any mistake.
If the evaluation object is still not satisfied with the answers in items (1) to (3) of this article, it may file an arbitration, administrative reconsideration or lawsuit.
Twenty-first in the process of objection handling, the result of objection handling shall not be traced back to the completed and ongoing bidding and procurement projects.
Article 22 In the management of credit evaluation, in any of the following circumstances, all evaluation subjects and relevant staff members shall be ordered by their higher authorities or relevant departments to make corrections, given criticism and education or administrative sanctions in accordance with relevant regulations, and transferred to judicial organs for handling if they are suspected of committing a crime.
(1) Failing to score according to the prescribed time, procedures or standards, failing to score because it should be scored, or failing to score because it is out of scope, or making mistakes in scoring;
(2) Not publishing or collecting, recording, publishing, leaking or using evaluation information without authorization in the specified system or website;
(3) Concealing, misreporting or omitting credit information causes reputation or economic losses to the evaluation subject;
(4) distorting or tampering with relevant credit information;
(five) the use of credit information for commercial activities;
(6) Other laws and regulations provide otherwise.
Chapter VI Credit Repair
Twenty-third credit repair management work follows the principle of "who decides, who repairs, who determines, who repairs", and repairs according to laws and regulations.
Article 24 If the appraised object has fulfilled the relevant legal obligations, corrected the relevant dishonest behaviors and voluntarily eliminated the harmful consequences and adverse social impacts, it may apply to the appraisal department for credit repair.
Article 25 To apply for credit repair, the appraised object shall submit the following materials: (1) an application for credit repair: (2) a letter of commitment to keep promises; (3) Relevant materials for fulfilling legal obligations and correcting illegal acts; (four) other information required by the evaluation department.
Article 26 The credit evaluation department shall make a decision on whether to grant credit repair according to the credit repair system. If credit repair is granted, the credit information shall be repaired through the credit system within three working days from the date of making the decision; if credit repair is not granted, the parties concerned shall be informed and the reasons shall be explained.
Chapter VII Supplementary Provisions
Twenty-seventh approach by the municipal public resources trading supervision and management bureau is responsible for the interpretation of.
Article 28 These Measures shall come into force as of the date of issuance.
Detailed Rules for Credit Evaluation of Fuyang Housing Construction and Municipal Infrastructure Construction Enterprises
Article 1 In order to strengthen the credit information management of public resources trading market, standardize the market behavior of construction enterprises, and create an honest and trustworthy market environment, these rules are formulated in accordance with the Interim Measures for the Administration of Credit Evaluation of Public Resources Trading in Fuyang, combined with the Detailed Rules for the Implementation of Credit Evaluation of Fuyang Construction Market (Trial) and other regulations, and combined with the actual situation of this Municipality.
Article 2 These Rules are applicable to the credit evaluation management of construction enterprises engaged in bidding activities for housing and municipal engineering construction projects on the public resource trading platform of our city.
Article 3 The integrity evaluation shall follow the principle of who evaluates, who is responsible, who is in charge and who is responsible.
Article 4 The evaluation subjects of these Detailed Rules are the Municipal Urban and Rural Construction Bureau, the municipal, county (city) public resources trading supervision and management departments, the tenderee (the construction unit), the Municipal People's Social Security Bureau, the Municipal Statistics Bureau, the Municipal Taxation Bureau, the municipal court and other departments.
Article 5 The Municipal Urban and Rural Construction Bureau shall evaluate the construction enterprises according to the evaluation methods formulated by it.
City, county (city) public * * * resources trading supervision and management bureau evaluates the construction enterprises according to the evaluation standard of the integrity of bidding and purchasing of construction enterprises (evaluation by public management departments).
The tenderee evaluates the construction enterprises according to the Evaluation Standard for the Integrity of Bidding and Purchasing of Construction Enterprises (Tenderee).
The evaluation information of the Municipal People's Social Security Bureau, the Municipal Statistics Bureau, the Municipal Taxation Bureau, the Municipal Court and other departments is obtained from the "Credit Fuyang" by the credit evaluation system of public resources transactions.
Article 6 Credit evaluation of relevant subjects and employees of construction projects: the evaluation score of the Municipal Urban and Rural Construction Bureau accounts for 50% of the credit evaluation score; The evaluation score of the public * * * resource transaction supervision department accounts for 30% of the credit evaluation score, and the evaluation score of bidding (purchaser) accounts for 20% of the credit evaluation score. The evaluation of the Municipal Bureau of Human Resources and Social Security, the Municipal Bureau of Statistics, the Municipal Taxation Bureau and the Municipal Court shall be subject to a deduction system, with a maximum deduction of 10.
City, county (city) public * * * resources trading supervision and management bureau, the tenderer to the credit evaluation of construction enterprises score 100 points. The initial score is 80% of the total score weight. Good behavior is subject to a bonus system, and bad behavior is subject to a penalty system until the deduction is over.
The credit score of the appraisal object is initial score+cumulative score of good behavior-cumulative deduction of bad behavior. The highest score is 100, and the lowest score is 0.
Article 7 The evaluation results of construction enterprises by the Municipal Urban and Rural Construction Bureau shall be publicized by the Municipal Urban and Rural Construction Bureau.
The public * * * resource trading supervision department will publicize the evaluation results of construction enterprises on the same day after they are formed.
The tenderer's evaluation of the construction enterprise shall be submitted to the public resource transaction supervision department within 2 working days after it is formed.
The public * * * resource trading supervision department shall publicize the evaluation results of the tenderee within 1 working days on the municipal public * * * resource trading network.
Article 8 If there is any objection to the evaluation result of the evaluation object, it shall submit a written objection to the evaluation subject within 5 working days from the date of publicity, and the overdue objection shall not be accepted.
Article 9 The evaluation subject shall decide whether to accept the objection within 2 working days from the date of receiving it. If it decides to accept it, it shall give a written reply to the objector within 5 working days from the date of accepting the objection.
Article 10 If the appraisee applies for credit restoration, and the reasons are valid, and the evaluation score needs to be revised, the appraisee shall submit the restoration result to the public resource trading institution while replying to the applicant.
Article 11 If the evaluation subject fails to receive the notice of suspension or withdrawal of the original evaluation score within 3 working days after the expiration of the publicity period of the evaluation results, the public resource transaction supervision department will include the evaluation score in the evaluation target project score and take effect.
Twelfth these rules shall be interpreted by the municipal public resources trading supervision and management bureau.
Thirteenth these rules shall come into force as of the date of issuance.
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