The Nanjing Municipal Development and Reform Commission and nine other departments issued the "Nanjing Municipal Work Mechanism for Collaborative Supervision in the Field of Engineering Construction Bidding and Tendering" (Ning Fa Gai Fa Gui Zi [2024] No. 88, hereinafter referred to as the "Work Mechanism"), to coordinate supervision work across the city's engineering construction bidding and tendering field, improve supervision efficiency, form a synergy of supervision, and continuously optimize the business environment in the bidding and tendering field.

　　The "Work Mechanism" specifies that the main tasks are to standardize the procedures for transfer, investigation, handling, and feedback of various types of cases in the engineering construction bidding and tendering field, with a focus on collaborative and coordinated efforts in investigating and handling illegal and non-compliant acts such as evading tendering, fraudulent tendering, bid rigging and collusive bidding, falsification, "bid kings," "professional accompanying bidders," and corruption among evaluation experts, so as to efficiently and effectively investigate and handle illegal cases and crack down in accordance with the law on illegal and criminal acts that disrupt the order of the bidding and tendering market.

　　Government procurement

　　The original text is as follows:

　　Nanjing Municipal Work Mechanism for Collaborative Supervision in the Field of Engineering Construction Bidding and Tendering

　　In order to coordinate supervision work across the city's engineering construction bidding and tendering field, improve supervision efficiency, form a synergy of supervision, continuously optimize the business environment in the bidding and tendering field, and serve the building of a unified national market, this work mechanism is formulated in accordance with relevant laws, regulations, and document requirements and in light of the actual work situation in Nanjing.

　　I. Work Objectives

　　Strengthen communication, contact, and collaborative cooperation among bidding and tendering administrative supervision departments such as the Municipal Construction Commission, the Transport Bureau, and the Water Affairs Bureau (hereinafter referred to as administrative supervision departments), as well as between administrative supervision departments and departments such as discipline inspection and supervision, judicial organs, finance, audit, market regulation, state-owned asset supervision, and public resource trading services, so as to form a supervision and management pattern of "precise problem discovery, timely information sharing, efficient and standardized handling, and strong coordinated disposal."

　　II. Main Tasks

　　Standardize the procedures for transfer, investigation, handling, and feedback of various types of cases in the engineering construction bidding and tendering field, with a focus on collaborative and coordinated efforts in investigating and handling illegal and non-compliant acts such as evading tendering, fraudulent tendering, bid rigging and collusive bidding, falsification, "bid kings," "professional accompanying bidders," and corruption among evaluation experts, so as to efficiently and effectively investigate and handle illegal cases and crack down in accordance with the law on illegal and criminal acts that disrupt the order of the bidding and tendering market.

　　III. Organizational Leadership

　　(1) Establish a joint meeting system. The Municipal Development and Reform Commission shall take the lead in joining relevant municipal administrative supervision departments, as well as relevant departments such as the Municipal Commission for Discipline Inspection and Supervision, the Public Security Bureau, the Finance Bureau, the Audit Bureau, the State-owned Assets Supervision and Administration Commission, the Market Regulation Bureau, and the Public Resource Trading Center, to jointly establish a joint meeting system for collaborative supervision of bidding and tendering. In principle, the joint meeting shall be held at least once each quarter, and bilateral or multilateral joint meetings may be convened from time to time as work requires to study and analyze work such as supervision of illegal and non-compliant bidding and tendering acts and collaboration in combating illegal and criminal acts.

　　(2) Clarify the division of responsibilities. The Municipal Development and Reform Commission is responsible for guiding and coordinating the city's bidding and tendering work and consulting to resolve prominent problems and contradictions existing in the process of administrative supervision of bidding and tendering.

　　Relevant municipal administrative supervision departments shall, in accordance with the division of responsibilities, supervise bidding and tendering activities in their respective industries and strengthen business guidance to relevant district-level departments.

　　The Municipal Commission for Discipline Inspection and Supervision shall, in accordance with regulations, discipline, and law, handle cases in which Party members or persons under supervision use their authority or the influence of their positions to improperly intervene or interfere in bidding and tendering activities. Where problems are found that should be handled by other organs, they shall be promptly transferred to the relevant organs for handling.

　　The Municipal Public Security Bureau is responsible for investigating and cracking down on bidding and tendering crimes in accordance with the law and shall provide professional support to relevant administrative supervision departments in investigating suspected illegal and criminal cases such as bid rigging and collusive bidding.

　　The Municipal Finance Bureau shall, in accordance with the law, supervise the implementation of government procurement policies for government procurement engineering construction projects subject to bidding and tendering and may, as circumstances require, suspend fund allocation or project execution.

　　The Municipal Audit Bureau shall promptly transfer bidding and tendering problems found in the course of audit supervision to relevant municipal administrative supervision departments and promptly transfer suspected disciplinary or legal violations or other illegal and criminal acts to the Municipal Commission for Discipline Inspection and Supervision or the Municipal Public Security Bureau.

　　The Municipal State-owned Assets Supervision and Administration Commission shall strengthen supervision of municipal state-owned enterprises and their responsible persons and guide and urge the enterprises under its supervision to improve internal management systems for bidding and procurement.

　　The Municipal Market Regulation Bureau shall, in accordance with the law, cooperate with administrative supervision departments in verifying information such as relevant market entities' registration, certification and testing, and credit status.

　　The Municipal Public Resource Trading Center is responsible for establishing and improving a big data application system for bidding and tendering, collecting multi-source data including audio and video from bid evaluation venues, enterprise credit data, and data on the entire transaction process, and conducting in-depth mining and precise extraction of quantifiable early-warning points to provide supervision support for administrative supervision departments.

　　IV. Collaboration Mechanisms

　　(1) Complaint handling mechanism. Comprehensively use the three-dimensional acceptance system of "letters, visits, online channels, and telephone" and information technology means to actively keep complaint and reporting channels open for market entities. Relevant municipal administrative supervision departments and public resource trading service institutions shall disclose complaint acceptance methods on their portal websites, open online objection submission and online response channels in the electronic bidding and tendering trading system, and specify in bidding announcements and bidding documents the methods and content by which tenderees receive objections. Administrative supervision departments are encouraged to accept and handle complaints online through electronic supervision systems, achieve full-process recording of complaint handling, and reply to complainants in accordance with the law. In accordance with the principle of territorial management, bidders or other interested parties shall submit complaint and reporting materials in accordance with the law to the department with jurisdiction. The complaint handling results shall be fed back to the parties concerned and, in accordance with regulations, disclosed to the public to accept social supervision. Relevant municipal administrative supervision departments shall establish a regular statistical analysis system for complaint and reporting cases, focus on prominent problems and key links, carry out special governance in the bidding and tendering field as appropriate, establish rectification ledgers for identified problems, clarify problem categories, rectification measures, rectification deadlines, and responsible departments, and implement closed-loop management.

　　(2) Clue discovery mechanism. The Municipal Public Resource Trading Center shall rely on modern information technology means such as big data, cloud computing, and artificial intelligence to monitor and analyze bidding and tendering activities, automatically screen bidding documents, compare and analyze information such as bidders, bidding documents, performance records, and expert evaluation records, promptly discover and automatically warn of suspected illegal and non-compliant acts such as bid rigging and collusive bidding and falsification, and transfer them to relevant administrative supervision departments within 3 working days from the date of discovery. Where the Municipal Commission for Discipline Inspection and Supervision discovers, in handling cases, problem clues that should be under the jurisdiction of other organs, it shall promptly transfer them in accordance with regulations. Where the Municipal Public Security Bureau, Finance Bureau, Audit Bureau, Market Regulation Bureau, and State-owned Assets Supervision and Administration Commission discover various clues of illegal and non-compliant bidding and tendering acts in the course of performing supervision and law enforcement duties, they shall, after completing confirmation of relevant matters in accordance with relevant procedures, transfer them to relevant administrative supervision departments. The Municipal Development and Reform Commission shall carry out regular clue collection on acts that harm the business environment in the bidding and tendering field, such as hidden market barriers, as a social supervision channel in addition to objections and complaints, so as to provide guidance for all departments to strengthen interim and ex post supervision.

　　(3) Information sharing mechanism. All departments (units) shall, in accordance with the principle of "whoever approves discloses, whoever implements discloses, and whoever produces discloses," proactively disclose public resource trading information in accordance with the law, keep information access channels open, simplify query and access procedures, and, where it is necessary to query or access relevant non-public information, support and cooperate with each other on the premise of complying with relevant confidentiality principles. Relevant administrative supervision departments shall strengthen information exchange and data sharing, notify each other of investigated and handled illegal and non-compliant cases and adverse information concerning bidding and tendering entities such as tenderees, bidding agency institutions, bidders, and bid evaluation experts. Give play to the role of the Municipal Public Resource Trading Electronic Service System as the main hub for data sharing, promote data interconnection between the trading service system and bidding and tendering trading platforms, public service platforms, administrative supervision platforms, and online approval platforms for investment projects, and provide support for the cross-regional, cross-industry, cross-departmental, and cross-level sharing of government affairs information and market information.

　　(4) Case transfer mechanism

　　Where administrative supervision departments, discipline inspection and supervision organs, public security organs, and departments such as finance, audit, market regulation, state-owned asset supervision, and public resource trading services find, in their daily work and in the course of investigating and handling cases, cases that are not under their own jurisdiction and problems that need to be transferred to other departments for handling, they shall transfer them to the relevant departments within 3 working days from the date of receipt or discovery and inform the parties concerned of the transfer.

　　The receiving department shall, within 3 working days from the date of receiving the transferred case, review the transferred case in accordance with the law. If it considers that the case is under its jurisdiction, it shall file and accept it in accordance with the law and notify the transferring department in writing; if it considers that the case is not under its jurisdiction, it shall return it and explain the reasons. Where laws, regulations, and rules provide otherwise, those provisions shall prevail.

　　1. Case transfer between administrative supervision departments. Relevant administrative supervision departments shall, in accordance with the division of responsibilities, accept complaints and reports in the bidding and tendering field and investigate and handle illegal and non-compliant cases. For complaints and reports submitted by parties that are not under the jurisdiction of the department, it shall promptly transfer them or inform the parties to file complaints and reports with other administrative supervision departments.

　　2. Case transfer between administrative supervision departments and other administrative organs. Where administrative supervision departments find, in the course of investigating and handling cases, any of the following circumstances requiring transfer to other administrative organs for handling, they shall promptly transfer them:

　　(1) For projects using all or part of government funds or state-owned funds, where it is necessary to suspend project execution or suspend fund allocation, transfer them to the competent department in accordance with the law;

　　(2) For persons outside the case who collude with entities related to bidding and tendering activities to carry out illegal and non-compliant acts in bidding and tendering activities, as well as persons outside the case who carry out other illegal and non-compliant acts, transfer them in accordance with the nature of the acts to relevant departments such as market regulation for handling in accordance with the law;

　　(3) Other illegal and non-compliant acts discovered in the course of case handling that are not within the scope of the department's duties shall be transferred in accordance with the law to relevant departments with jurisdiction for handling.

　　3. Case transfer between administrative supervision departments and public security organs. Where administrative supervision departments find, in the course of investigating and handling bidding and tendering illegal acts in accordance with the law, that the amount involved in the illegal facts, the circumstances of the illegal facts, the consequences caused by the illegal facts, and other factors comply with provisions such as the crime of collusive bidding and meet the prosecution standards and criminal liability needs to be pursued in accordance with the law, they shall transfer the cases to public security organs in accordance with the provisions of the "Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs" (State Council Order No. 310).

　　For suspected criminal cases in the bidding and tendering field that should be transferred to public security organs, administrative supervision departments shall, after verifying the circumstances, submit a written report proposing transfer of the suspected criminal case. Where approval is decided, the case shall be transferred to the public security organ at the same level within 24 hours; where approval is not decided, the reasons for non-approval shall be recorded.

　　Public security organs shall sign the receipt on the transfer letter for suspected criminal cases transferred by administrative supervision departments; for cases not under their jurisdiction, they shall, within 24 hours, transfer them to the organ with jurisdiction and notify the transferring administrative supervision department in writing.

　　Public security organs shall, within 3 days from the date of accepting suspected criminal cases transferred by administrative supervision departments, review the transferred cases in accordance with relevant provisions such as the Criminal Law and the Criminal Procedure Law. Where they consider that there are criminal facts and criminal liability needs to be pursued and decide to file a case in accordance with the law, they shall notify the transferring administrative supervision department in writing; where they consider that there are no criminal facts, or the criminal facts are obviously minor and criminal liability does not need to be pursued, and decide not to file a case in accordance with the law, they shall explain the reasons, notify the transferring administrative supervision department in writing, and return the case file materials.

　　4. Case transfer between administrative supervision departments and discipline inspection and supervision organs. Where administrative supervision departments discover in their work problem clues that should be handled by discipline inspection and supervision organs, they shall transfer them to the discipline inspection and supervision organs in accordance with relevant provisions.

　　(5) Coordinated disposal mechanism. Improve and perfect the joint law enforcement and joint inspection mechanisms in the bidding and tendering field. Where matters involving the duties of other departments arise in the process of supervision and law enforcement, promptly transfer them to relevant departments for handling or handle them jointly.

　　1. Under any of the following circumstances, departments may organize joint law enforcement or joint inspections:

　　(1) Relevant administrative supervision departments all have jurisdiction over the same illegal or non-compliant act or matter;

　　(2) There is overlap in the handling responsibilities or boundaries for illegal or non-compliant acts;

　　(3) Investigating and handling illegal and non-compliant acts such as evading tendering, collusive bidding, bidding in the name of others, and obtaining winning bids through falsification by other means, where the circumstances are complex, involve a wide range of areas, and are serious;

　　(4) Carrying out special governance of illegal and non-compliant acts in specific regions and specific fields;

　　(5) Other matters requiring joint law enforcement or joint inspections.

　　2. The initiating department of joint law enforcement or joint inspection is responsible for drafting the joint law enforcement or inspection plan and consulting with participating departments to determine the plan, clarifying the division of responsibilities of each participating department and the purpose, targets, scope, content, time, methods, and steps of law enforcement or inspection. Each participating department shall perform its duties in accordance with the law, select personnel to participate as required by the plan, and complete the joint law enforcement or joint inspection work.

　　3. For illegal and non-compliant acts discovered through joint law enforcement or joint inspections, each participating department shall separately handle them in accordance with the law according to its statutory duties. Where relevant information needs to be disclosed to the public, it shall be disclosed in a unified manner with unified wording to ensure consistency of information.

　　(6) Assistance handling mechanism. Where relevant departments need assistance from other departments in investigating and handling illegal and non-compliant bidding and tendering cases, they shall issue an assistance handling letter stating the basic situation of the case, the matters requiring assistance and the reasons, and relevant evidence materials. After receiving the assistance handling letter, the assisting department shall promptly review the assistance materials. For assistance matters beyond the functions of the department, it shall return the letter and explain the reasons within 3 working days from the date of receiving the assistance handling letter; for matters that the department can assist in handling, it shall promptly provide assistance and provide written feedback on the results of the assistance investigation.

　　(7) Joint punishment mechanism. All departments (units) shall strengthen credit supervision and use market entity credit information as an important basis for market access, project approval, and qualification review.

　　1. For market entities that generate punishment information in the bidding and tendering field, administrative supervision departments and relevant administrative departments shall implement joint punishment in relevant fields in accordance with the law.

　　2. Where it is determined through case filing and investigation, research and analysis, evidence collection, and other means that bid rigging, collusive bidding, or other illegal and criminal acts indeed occurred, public security organs shall carry out crackdowns in accordance with the law, arrest relevant criminal suspects, destroy the network chains involved in the cases, and deter illegal and criminal elements.

　　3. Where Party members or persons under supervision use their authority or the influence of their positions to improperly intervene or interfere in bidding and tendering activities, discipline inspection and supervision organs shall handle the matter in accordance with regulations, discipline, and law.

　　All relevant municipal and district departments shall attach great importance to the significance and role of establishing a collaborative supervision work mechanism, earnestly implement their respective responsibilities, exchange information, cooperate closely, support each other, and form a synergy, thoroughly identify the bottlenecks, pain points, and difficulties that undermine the business environment in the bidding and tendering field, and actively promote the implementation and effectiveness of various policies and measures. Each district may establish a corresponding joint meeting system in light of the actual situation of bidding and tendering work in its area.