Main existing problems
(a) part of the project bidding, avoid public bidding or engage in false bidding.
1, bidding is not invited. Of the 89 projects inspected this time, 583 projects were subject to tender but bidding contract was not signed, with a contract amount of 2 1. 1 billion yuan, accounting for 20.2% and 4.2% of the total bidding contract and the total contract amount respectively. Among them, survey and design were invited but not invited, accounting for 63.8% and 9 1.8% respectively. Followed by equipment and materials procurement, accounting for 24.8% and 65,438+00.9% respectively. In terms of industries, the proportion of engineering projects is relatively high, which are 26.65%, 438+0% and 44.8% respectively. Followed by power projects, 40.2% and 7.5% respectively.
2. Avoid public bidding. Of the 89 projects, 899 were invited to bidding contract without approval or the approval procedures did not meet the requirements, with a contract value of 3.54 billion yuan, accounting for 3 1.2% and 7. 1% of the total bidding contract and the total contract value respectively. Among them, 46.2%, 20.3% and 67.66% of the equipment and materials procurement and all kinds of bidding for industrial projects were invited without approval. For example, in the procurement bidding of colored steel plates in a project workshop, a small contract of 965,000 yuan was first used for public bidding, and then the procurement contract with a total price of 27.469 million yuan was renewed to the original winning bidder; In addition, the steel distribution center, curve subsection production center, assembly distribution center and other projects are entrusted to the enterprises already under construction in other sub-projects of the project in the form of continuous construction.
3, engage in false bidding. A few projects negotiated privately with bidders before bidding, and started bidding after they were basically settled, and invited other enterprises as "accompanying bids".
(B) the phenomenon of irregular operation in bidding is more common.
1. Most projects have irregular operations in the main links and procedures of bidding. The inspection found that among 528 batches of bidding for 89 projects, the proportion of bidding batches that did not meet the requirements was as follows: (1) The media that issued the bidding announcement did not meet the requirements (44.6%); Bidding without approval (41.5%); The preparation time of bidding documents did not meet the minimum requirements stipulated in the Bidding Law (36.9%); The composition of bid evaluation experts does not meet the requirements (29.9%); The evaluation report is incomplete (24.9%); The bid evaluation methods and standards are inconsistent with the bidding documents (18.3%); The qualification of the tendering agency does not meet the requirements (16.6%); The bid opening time is inconsistent with the bid closing time (14.4%); The ability and qualification of self-tendering do not meet the requirements (13.7%); The procedures for determining the winning bidder are not standardized (12.0%), etc.
2. Problems such as negotiation before bid selection and illegal subcontracting are more prominent in some project bidding. Among the 25 key inspection projects, 4 projects negotiated with bidders in violation of regulations before bid selection, and the price reduction rate was 7- 10%, and 4 projects were subcontracted in violation of regulations.
(C) the local and departmental protectionism in bidding is still serious.
1, through bidding permission and unreasonable qualification requirements and fees, etc. , for foreign and foreign industry bidders to enter the local and local construction market. Six of the 25 key inspection items have such problems. For example, a project requires bidders from outside the province to hold a bidding license issued by the provincial competent department before they can participate in bidding. Some projects also require bidders to have industry qualifications for civil engineering and equipment installation projects without special technical requirements.
2, by narrowing the scope of the announcement, shorten the bidding time and delimit small blocks, etc. , hinder the field, foreign industries have the strength of enterprises to participate in bidding competition. The inspection found that 46 of the 89 projects were not published in the designated media, but only in the local media or the construction trading hall, which made it difficult for foreign enterprises to understand the bidding information; There are 48 projects whose bidding documents are prepared within 20 days, and the shortest is only 1-3 days. Due to the insufficient time for preparing bidding documents, the bidding of some foreign enterprises is affected. For example, the subgrade bridge and culvert project of an expressway project has an average of 6.6 kilometers per bid section, and the shortest is only 3 kilometers, which is far from the requirement of the Ministry of Communications that the subgrade bid section of high-grade highways should not be less than 10 kilometers, which is not conducive to foreign powerful enterprises to participate in bidding competition.
3. By presupposing the terms that are beneficial to local and industrial enterprises in the bidding documents and bid evaluation methods, the qualification requirements for local and industrial enterprises are relaxed, and more bids and unreasonable points are allowed, and industrial and local protection is implemented. There are 10 items in the 25 items of special inspection. A project allows two local companies that do not meet the pre-qualification requirements and fail to pass the pre-qualification to participate in the bidding and win the bid; In the bidding of a project, it is stipulated that group bidders can only bid two bids in the name of the group, but a local group enterprise has voted eight bids and won two bids. When a project evaluates the project manager, construction performance and winning bid of the tendering unit, the performance in the province is 0.5, 0.5 and 0.2 respectively, and the equivalent performance outside the province is only 0.2, 0.2, 0. 1 (the bid difference in individual blocks is only 0. 19).
4. By means of pre-qualification and limiting the scope of bidding, the powerful enterprises in foreign countries and industries will be stuck, and the probability of winning the bid for local enterprises and local enterprises in this industry will be improved. In the pre-qualification of an engineering project, the bidding enterprises are divided into three categories: A, B and C. At the same time, the civil tender section of the project is also divided into three categories: A, B and C. It is strictly stipulated that all kinds of enterprises can only bid for the corresponding tender section. In this way, the enterprises from other provinces are excluded from the C-class bid, so that most of the local enterprises belonging to the C-class bid have won the bid for 14 C-class bid. When bidding for five blocks, such as TA 1-3, of a project, in order to let two local enterprises with lower qualifications participate in the bidding, not only the qualification requirements in prequalification were lowered, but also in order to win the bid, only six enterprises were allowed to participate in the bidding, of which 12 enterprises with first-class qualification were blocked from bidding for no reason, and finally 1.
(D) Some localities and departments have too much administrative approval and intervention in bidding.
1. Some departments are still accustomed to administrative examination and approval and management, and obviously pay insufficient attention to the supervision, guidance and service of project bidding activities, and even replace supervision with examination and approval, which infringes on the bidding autonomy of project owners. A project, from pre-qualification scheme, pre-qualification documents, pre-qualification evaluation opinions, bidding documents, bid division, bid evaluation standards and methods, bid evaluation report to bid evaluation results, and even the determination of bid evaluation experts and pre-tender estimate with strict confidentiality requirements, must be approved by the bidding management station, bidding committee and bidding leading group of the competent department of the project, which greatly exceeds the prescribed scope of examination and approval, and the project owner's bidding autonomy is completely shelved.
2. Some departments and local administrative leaders intercede for specific enterprises and individuals by greeting and handing notes, which interferes with normal bidding activities. For example, in the construction bidding of a project, the local competent department interceded for an enterprise ranked second in bid evaluation by writing a "recommendation letter", hoping that the owner would give more construction opportunities, and the enterprise won the bid.
3. In some localities and departments, government and enterprise are not divided, and the administrative leaders are both referees, coaches and athletes. For example, in the bidding of a project, a deputy director of the competent department and the director of the project management office (who is also the stationmaster of the bidding management station) respectively serve as the director and leading member of the bidding committee of the project. They are not only the administrative heads of the project departments, the supervisors of the bidding activities and members of the bid evaluation team, but also participate in the project bidding as the chairman and legal person of the Fifth Municipal Highway Engineering Co., Ltd. and the First Municipal Highway Engineering Co., Ltd.
In addition, the inspector found that the bidding laws and regulations formulated by many localities and departments are inconsistent with the spirit of the Bidding Law, resulting in management confusion, which is one of the reasons for the nonstandard bidding of projects and should be highly valued.
In view of the problems found in the inspection, the State Planning Commission conducted a special study and dealt with serious violations of some projects in conjunction with relevant departments according to law. In order to further rectify and standardize the order of project bidding, the State Planning Commission has also organized relevant personnel to clean up the laws, regulations and normative documents related to bidding issued by relevant departments and localities, and will urge relevant parties to resolutely abolish and modify the contents inconsistent with the bidding law. In view of the outstanding problems existing in the bidding process, such as local and industry protection and administrative intervention, we will work with relevant departments to study, formulate and improve relevant supporting regulations and policies and measures. We will continue to regard the bidding of major national construction projects as the key content of the inspection work of the State Planning Commission in 2002, strengthen supervision and law enforcement, promptly correct and severely investigate and punish illegal acts in the bidding process, and strive to make the national bidding work develop in a healthy, standardized and orderly direction.