Henan Provincial Development and Reform Commission

Notice on the issuance of Henan Province public resources trading platform operation service rules

The people's governments of the cities under the jurisdiction of the provincial government, the Management Committee of the Jiyuan Demonstration Zone, the county (city) people's government directly administered by the provinces, and the relevant departments of the provincial people's government:

"Henan Province Public Resources Trading Platform Operation Service Rules" has been approved by the provincial government, now issued to you, please seriously implement。

 2021年9月18日

 

Henan Province public resources trading platform operation service rules

Act 1  总则

Article one  In order to standardize the operation of the public resource trading platform in our province, improve the management level of public resource trading services, and build an open and sharing, fair and just, orderly competition, and transparent public resource trading environment, according to the Interim Measures for the Management of Public Resource Trading Platform (National Development and Reform Commission, etc.)14Ministerial decree39No.), "Service Standards for Public Resources Trading Platform (Trial)" (Regulations of the Development and Reform Office2019〕509These rules are formulated in combination with the actual situation of our province。

Article 2  These rules apply to the operation services of public resource trading platforms at all levels within the administrative region of our province。

Article 3  The public resource trading center is a public resource trading platform operation service organization, should be based on the public service function positioning, follow the principles of law and regulations, openness and transparency, high quality and efficiency, and resource sharing, and constantly improve the service supply capacity and level。

The public resource trading center shall earnestly fulfill the platform management obligations, ensure that the dynamic trading within the platform remains, and ensure that the procedures for entering the trading project are legal, the data is true, and the data is open and transparent。In accordance with the trading and regulatory regulations of various industries, expand and improve the functions of the electronic system for the whole process of public resource trading, and constantly optimize the online handling of services such as site booking, expert selection, and transaction witness, so as to realize the integration of online and offline services and the normalization of non-meeting services。

Implement a process management and operation mode that is compatible with the whole process of electronic trading. According to the characteristics of the transaction project, the process and the needs of the tenderee, do a good job of preparation for the service guarantee of the site, facilities and technology, and ensure the standard operation of the platform。

Article 4  The term "bid inviter" as mentioned in these Rules includes the purchaser, the transferor (transfer) party, the auctioneer, etc。

The term "bidder" as used in these Rules includes suppliers, intended transferees, bidders, etc。

Act 2  Approach preparation

Article 5  The public resources trading center shall provide business consulting services to market entities, including online consultation, telephone consultation and on-site consultation。Matters that do not belong to the scope of business consultation of the public resources trading center shall be guided to the relevant departments for consultation or handling。

Article 6  The public resource trading center shall obtain the information of market entities through the Henan provincial unified public resource trading market entities database, and shall not require market entities to provide repeated materials that can be obtained through information sharing, and shall not review and confirm the registration information of market entities。

Act 3  Tender announcement and document release

Article 7  The public resources trading center shall provide services for the tenderee to publish announcements of pre-qualification, bidding, procurement, assignment, transfer, auction, etc。

Article VIII  The project entered into the public resources trading center shall comply with the trading conditions and procedures stipulated by laws and regulations, and shall be registered, tender announcement and related documents issued only after the administrative supervision department has filed the record。If the published bidding announcement and related documents really need to be amended according to law, they shall be submitted to the administrative supervision department for the record and released。Where laws and regulations provide otherwise, such provisions shall prevail。

The ninth article  To handle the project registration business, necessary tips shall be given in accordance with laws and regulations and relevant provisions, and the materials that need to be supplemented and adjusted shall be notified at one time。

After the relevant documents and materials are ready, the staff shall handle the project registration in a timely manner according to the content, scale and transaction method of the transaction project。

Article ten  The public resources trading center shall provide online venue reservation services for tenderers。

If the trading venue needs to be changed due to special circumstances, the bid inviter shall submit an application, and the public resources trading Center shall make overall scheduling arrangements。

Act Four  Bid opening and evaluation

Article 11  The public resources trading center shall provide market entities with free downloading of electronic bidding documents and electronic bidding document transmission services。

Article 12  Where public resources trading projects need to be evaluated and evaluated according to law, the public resources trading center shall provide expert extraction services for the tenderer。

Article 13  The public resources trading center shall provide services such as sign-in, decryption, clarification, answering questions, generating bid opening records, objections and complaints for market entities。

Article 14  The public resources trading center shall guide the bid evaluation (evaluation) experts who have been identified into the bid evaluation (evaluation) area in an orderly manner, and guide them to store the communication tools and other related electronic equipment in a designated place。

The bid evaluation (evaluation) area shall be under closed management, and no other personnel shall enter except the members of the bid evaluation committee。

A supervisory office shall be provided for the staff of the administrative supervision department。

Responsible for the on-site order management of public resource trading activities, shall record, stop and correct violations of the on-site management system, and ensure that the bid evaluation (review) process is strictly confidential。Found violations of laws and regulations, shall retain relevant evidence, timely report to the administrative supervision department, cooperate with the administrative supervision department investigation and processing and provide relevant information and technical support。

Article 15  The public resources trading center shall evaluate the bid evaluation (review) activities of experts。

Article 16  The public resources trading center shall release the transaction results publicity information for the tenderee, which shall include the scoring situation of experts, the reasons for rejecting the bid and the objections (doubts) and complaint channels。Where laws and regulations provide otherwise, such provisions shall prevail。

Article 17  For projects involving bid security, the bid security of the unsuccessful bidder shall be returned to the original bidder within one working day after the expiration of the publicity of the winning bid results。After the winning bidder signs the contract and upload the electronic trading system, the bid security shall be returned to the winning bidder within one working day。

Chapter Five  Post-bid service

Article 18  The public resources trading center shall establish and improve the public resources trading archives management system。Special personnel are responsible for archive management, one project one archive, and the electronic documents, audio and video materials generated in the process of trading services are archived according to regulations。The archival materials shall be complete, complete, the catalog shall be clear, the start and end time shall be clear, the storage place shall be safe and confidential, and the storage period shall comply with the provisions。

Establish file inquiry system, provide file inquiry service and make records according to law and regulations;Shall, in accordance with the requirements of the tenderer and the administrative supervision department, provide the transaction project archives in a timely manner。

Article 19  Establish a long-term mechanism for sharing data on public resource transactions，The main body information, transaction information (including information of each link of the transaction), expert information, credit information and regulatory information of each transaction will be pushed to the Henan public resource trading public service platform in real time，And ensure the integrity, accuracy, timeliness and availability of data;Submit statistical analysis of information as required。

Article 20  If the transaction is found to be illegal, revocable or invalid due to judicial, arbitration, administrative decision, etc., the public resources trading Center shall cooperate with the implementation of the relevant judgment, ruling or decision。

Act 6  Service guarantee

Article 21  The places and facilities of the public resources trading center shall meet the requirements of the national Service Standards for Public Resources Trading Platform (Trial)，Reasonable division of public services, transaction implementation, bid evaluation, office and other functional areas，Equipped with appropriate service personnel and necessary facilities and equipment，And in the eye-catching position to set clear guidance signs, door signs, prohibited signs and safety signs。

Article 22  The public resources trading center shall standardize the construction of the public resources trading system in accordance with the unified data standards stipulated by the State and the province，Open system interface and database，Realize the docking with Henan public resource trading public service platform，And according to the province's public resources trading development situation requirements and actual regulatory needs，We will upgrade and transform the public resources trading system and expand its functions in a timely manner。

The public resources trading center shall not participate in the operation of third-party services or charge fees in any form;No charges shall be collected for any transaction item without approval，The fee items, fee standards and basis that have been approved by the price department shall be publicized in a prominent position in the public resources trading center and the portal website;Trading system technical services or electronic authentication services shall not be used for bundling charges and ride-sharing charges for trading activities。

Article 23  The public resources trading center shall establish a sound internal management system, and its staff shall strictly abide by national laws, regulations and relevant rules and regulations, and provide high-quality, efficient and clean services to market entities in accordance with public resources trading rules and business process norms。

Article 24  Implement the visual management of transaction service progress, and publicize the responsible person, handling situation and completion time of each link of the transaction。

Article 25  The public resources trading center shall provide witness services，Check and record the process of project entry, bidding, bidding, expert selection, bid opening, bid evaluation, and announcement of winning results in the form of manual verification, system recording, audio and video recording，Provide the authenticity, legitimacy and integrity of the transaction site, transaction links, transaction process, transaction data and transaction procedures。

Article 26  In the process of transaction implementation, if there is any objection (question), the public resources trading center shall give feedback to the tenderer in a timely manner;In case of complaints, it shall promptly inform it to report to the relevant administrative supervision department according to law, and assist in the relevant verification and handling work。

Article 27  The public resources trading center shall establish an emergency response plan for emergencies, clarify the response measures for emergencies, and regularly organize emergency drills。

Article 28  The public resources trading center is the person responsible for the security of the public resources trading system, and shall establish and improve the security management system:

(1) Strengthen the security level protection of the information system, establish and improve the platform operation and maintenance management system, implement network security protection technical measures, improve the authorization management, access control and system marking functions of the trading system, regularly carry out security tests and risk assessments, and effectively ensure the safe and smooth operation of the trading system。

(2) Strengthen data security management, improve data recovery, backup, and disaster recovery mechanisms, and ensure data security in the process of collection, summary, transmission, storage, and disclosure。The security management of classified data shall be carried out in accordance with relevant laws and regulations。

(3) Strengthen fire safety prevention, formulate a fire safety management system, strengthen the fire safety awareness and disposal capacity of the unit's personnel, and ensure the safety of public resource trading places and facilities。

Act 7  Violation handling

Article 29  If the public resources trading center has any of the following acts, the public resources trading platform integration leading department shall order it to rectify within a time limit;Those who refuse to make rectification shall be notified and criticized。

(1) exercising any administrative supervision and management functions such as examination and approval, filing, supervision and punishment;

(2) failing to disclose the service content, service process, service specifications and supervision channels;

(3) failing to disclose, exchange and share information on the public resource trading public service platform of Henan Province;

(4) obstructing or excluding market entities from entering the public resource trading market through the establishment of registration, the establishment of branches, qualification verification, bidding (bidding) permits, compulsory guarantees and other restrictive conditions;

(5) Providing conditions for trading system service enterprises, electronic certification service agencies, notarial service agencies and other intermediary services to charge arbitrary fees in trading activities。

Article 30  Where the public resources trading center has any of the following acts, the administrative supervision department shall jointly investigate the directly responsible person and the responsible person according to law;Those suspected of committing crimes shall be transferred to judicial organs for handling according to law。

(1) Disclosing to others the transaction information of public resources that should be kept confidential according to law;

(2) engaging in malpractices for personal gain, abusing their power, neglecting their duties, or failing to perform their duties according to law;

(3) Illegally interfering in bid evaluation (review) activities;

(4) The public resources trading center and its staff ask the tenderer and its staff for cash, property or provide catering and other services。

Article 31  If the public resources trading center fails to implement the technical measures for network security protection and the requirements for the security level protection of information systems, the relevant competent department shall order it to make corrections and give it a warning;If the party refuses to make corrections or causes consequences such as endangering network security, the relevant competent department shall investigate the relevant personnel for legal responsibility according to law。

Article 32  If the public resources trading center violates the relevant provisions of these Rules, the administrative supervision department and the leading department of the integration of the public resources trading platform shall order correction within a time limit and notify it;If the circumstances are serious enough to cause serious consequences or adverse effects, the relevant department shall investigate the responsible person and the person directly responsible for the responsibility。

Article 33 The provincial public resources trading platform integration leading department to establish a public resources trading platform operation service evaluation mechanism, in principle, organize an evaluation work every year。Public resource trading centers that fail to pass the evaluation will be notified, and given a time limit for rectification, suspension of business, cancellation of service qualifications, etc., as appropriate。

Act 8   附则

Article 34  Henan Provincial Development and Reform Commission shall be responsible for the interpretation of these Rules。

Article 35  Matters not specified in these Rules shall be subject to the provisions of the state and the competent department of the industry。

Article 36  These Rules shall come into force as of the date of promulgation。