Electronic bid guarantee (single item) guarantee content
According to the definition of electronic bid bond (bill), electronic bid bond (bill) is mainly to ensure the relevant responsibilities that bidders need to perform in the bidding process. Generally, it is necessary to specify the guarantee content and exemption clause in the terms of the electronic bid bond (bill) document. Once the bidder violates the relevant guarantee contents, the beneficiary of the guarantee will have the right to claim compensation from the guarantor according to the guarantee documents. In the process of promoting the application of electronic letter of guarantee (bill) in the field of public * * * resources trading, as a trading center, we must focus on the text content of electronic letter of guarantee (bill) to avoid the risk of compensation, ensure the smooth transaction of public * * * resources, and avoid the coverage of guarantee liability caused by incomplete letter of guarantee, which will ultimately harm the interests of the tenderer.
For example, in September 19, 12, 2065438, China Insurance Association publicly released the model clauses of bid guarantee insurance for construction contracts for the first time. Model clauses mainly include: insurance liability, liability exemption, insurance amount and deductible (amount), insurance period, obligations of insurer, obligations of policyholder and insured (beneficiary), compensation handling, dispute handling and other matters. Focus on the responsibilities and obligations of the insured and the insured (beneficiary), and then protect the rights of both the insurer and the insured (beneficiary).
Security of information transmission process of electronic bid guarantee (bill)
With the rapid development of computer technology, information network has become an important guarantee for social development, and information security construction has become one of the core tasks of information construction. As a typical representative of ensuring the market order to be "open, fair and just" in the electronic age, its information security construction is even more urgent. So how to avoid information leakage and other information in the process of popularizing and applying electronic bid guarantee (bill) in the field of public resources trading? It is suggested that the following points should be considered in the wind control design of docking with the electronic guarantee platform.
List security design
Sensitive data encryption. According to the confidentiality requirements of the list data of the pre-tender price link of the public * * * resources transaction, the information related to the letter of guarantee application in the unopened bid section of the electronic letter of guarantee platform is encrypted, and the encrypted data includes the letter of guarantee application data, premium data and letter of guarantee file data. Decrypt the encrypted data after the bid opening to ensure the confidentiality of the application data of the letter of guarantee before the bid opening, so as to "only recognize the enterprise but not the bid section".
Automatically review outgoing letters. Through the intelligent audit mode, financial institutions can automatically audit letters without manual participation, and eliminate manual channels for missing letters.
List time control. After applying for electronic letter of guarantee (bill), bidders can query the application results in the business system, but they can only download the letter of guarantee on the letter of guarantee platform, and then query the application details and download the specific letter of guarantee in the business system after the bid opening time.
Interface security design
Access restrictions. Access to the interface between the electronic trading system and the electronic guarantee platform is restricted, and only the export IP of the electronic guarantee platform can access the interface to prevent the interface from being illegally called.
Data signature encryption. The interface data between electronic trading system and electronic guarantee platform is encrypted and transmitted, and digital signature is used to ensure the legitimacy and security of data.
Risk control of financial institutions
Electronic letter of guarantee (bill) breaks through the traditional letter of guarantee approval process and risk control mode. Financial institutions obtain bidders' approval materials through online docking, and the big data risk control model based on the Internet automatically approves letters. Financial institutions rely more on data for risk identification of enterprises, and put forward extremely high requirements for the authenticity, effectiveness and timeliness of data.
Therefore, in the process of popularizing and applying electronic letter of guarantee (bill), it is an effective means to help financial institutions reduce risks by providing higher quality data for identifying enterprise risks on the premise that enterprises voluntarily do not affect the security of public resources transactions.
Method of payment of guarantee fee for letter of guarantee
The Bidding Law stipulates that the State Council is responsible for the supervision and management of bidding, and the State Council issued a document stipulating that the National Development and Reform Commission is responsible for the management of bidding, but the supervision of bidding is subject to industry supervision. Various industries have further refined this issue. In the "Regulations on the Implementation of the Bidding Law of People's Republic of China (PRC)", it is clearly stipulated that "the bid bond submitted by domestic bidders in the form of cash or cheque should be transferred from basic account", and many ministries and commissions have also made similar provisions, requiring that the bid bond must be transferred from basic account. For example, the Ministry of Transport (see the Bidding Document of Highway Engineering Standards (2009 Edition)) how to continue the control role of the traditional bond basic account payment in the bidding market order is also the promotion of electronic guarantee (bill).
In response to the relevant requirements of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), in the process of promoting the application of electronic guarantee (single) in some areas, the guarantee fee for requiring bidders to purchase electronic guarantee (single) services must be paid by the bidder basic account. On the one hand, it continues the requirement of "transferring the deposit payment from the basic account" in laws and regulations, on the other hand, it reduces the system cost and increases the difficulty of bidding and risk control.
For example, the Opinions of Housing and Urban-Rural Development Department of Shandong Province, Development and Reform Commission of Shandong Province, Shandong Supervision Bureau of China Insurance Regulatory Commission and Qingdao Supervision Bureau of China Insurance Regulatory Commission (Trial) (LuJian Jianguan Zi [20 18]No.1) put forward clear requirements; Some cities in Zhejiang Province have also made similar requirements, with remarkable results.
The letter of guarantee receiver receives the electronic bid letter of guarantee (form).
In the traditional paper letter of guarantee, the trading center or the tenderer needs to designate a special person to receive the letter of guarantee. At the same time, the procedures of filing, returning and archiving the letter of guarantee are cumbersome, time-consuming and laborious, and it is also impossible to effectively distinguish the authenticity of the letter of guarantee.
Electronic guarantee is automatically received, verified and archived on the platform. By docking with the financial institution system, the data message and electronic signature are verified, which avoids the problem of false letter of guarantee and reduces the workload of the letter of guarantee receiver.
Pay electronic guarantee (bill)
Electronic guarantee (bill) should not only replace the deposit in form, but also have the same effect as the deposit in essence. Tender is a serious legal activity, and the tender of the tenderer is an invitation to offer. After the bidder, as the offeree, submits the tender documents to the tenderer (the offeror), it means that it should respond to the invitation for offer issued by the tenderer and abide by the requirements and provisions of the tender documents and relevant laws and regulations. Therefore, the bid bond can restrain the bidder's bidding behavior, which is the most basic function of the bid bond. As the electronic letter of guarantee (bill) is guaranteed by financial institutions, the tenderer or the trading center did not directly collect the bidder's deposit. If the bidder defaults, the financial institution needs to pay the tenderer's deposit. Therefore, the application of electronic guarantee (bill) needs to consider the performance ability, payment ability and payment process of financial institutions. Otherwise, refusing to pay or not paying in time will damage the legitimate rights and interests of the tenderer and the trading center in the bidding process.
According to the market situation in various regions, we should formulate appropriate access standards for financial institutions and select financial institutions with compensation guarantees, thus forming a standard system and process for payment by letter of guarantee and improving the efficiency of claims. At present, some advanced areas have begun to try the scheme of electronic guarantee online payment.
Payment ability of financial institutions: Due to the opening-up of national financial reform, more financial institutions, large and small, have been established, but many financial institutions have very average credit ratings. Therefore, the electronic guarantee platform should introduce large financial institutions with high ratings at home and abroad to ensure that financial institutions have sufficient payment performance ability when payment conditions are triggered.
Efficiency and flow of payment: The traditional payment method is slow and prone to legal problems. If possible, the mode of "payment on demand, payment first and claim later" can be adopted, that is, financial institutions pay the transaction center first and then claim compensation from bidders to ensure the stable operation of government agencies. If the payment process can be electronic and online payment can be realized again, the whole process of electronic bid guarantee will also be electronic, providing better service experience for bidders, trading centers and bidders.
▎ This article is taken from the Blue Book of China Public Procurement Development Report (2020); Official account of WeChat, official WeChat of China Federation of Things * * * Procurement Branch. Please contact us in time if copyright issues are involved.