The bidding professional, the association group bidding, group bidding rate of 100%?
Winning professional, 20 bids, all winning, winning rate of 100%?
In recent years, the field of bidding has become a high incidence of corruption, the governance of bid-rigging behavior, has not only to protect the bidding market healthy competition, the need to promote the healthy development of the market, but also to purify the party wind, political and social atmosphere of the fundamental need. Penalties will be increased to combat "bid-rigging" into 2019, from the central to local, the relevant documents are endless. The investigation and handling of illegal and irregular behavior in bidding activities in various places.
And in the past six months, the country's many regions below the notification of more than seven hundred enterprises bidding illegal and irregular operations, the interval of the short time, the number of really really smacked people! This is undoubtedly a heavy bomb on the bidding market, "five standard bidding documents" application, several documents out immediately caused widespread concern in the social media, a time for all to clearly recognize the current bidding market of all kinds of chaos, all over the country have become a disaster area, causing widespread concern from all walks of life, the market chaos when it can be completely eradicated! The company's website has been updated with the latest information on the market.
Reasons for collusive bidding
In recent years, with the gradual progress of urban-rural integration process, local governments are increasing investment in infrastructure, the construction market cake can be said to be bigger and bigger, coupled with the lack of supervision in the field of bidding, resulting in string bidding cases occur from time to time. According to experience and analysis, found that the current market collusion bidding crime causes and characteristics are as follows.
(I) the temptation of huge benefits.
One is to have the qualification conditions of the construction company's own interests drive. A good number of construction companies with qualifications in the development of the market and business itself, do not need to spend too much effort to get the business, and does not have such qualifications will try to contact the company with such hard qualifications, and the lessor as long as you agree to rent the company's qualifications, you can get a value of a lot of money on the management fee, can be said to be no profit, the qualification of the rent at will, the bidding crime to collusion to create the conditions of facilitation. The qualifications are rented out at will, creating convenient conditions for the crime of collusive bidding. Secondly, the winning bidder illegally seize the interests of the drive. Bidders collude with each other, through prior agreement to "bidding", or joint bidding project of one or several bidding segments with the consistency of the offer, the price or raise the price and other means of collusive quotation, in order to achieve the exclusion of other bidders, control the winning price and the winning results, through the collusive bidding, the winning bidding unit can bring more revenue.
(ii) Low legal awareness.
Because of the uneven qualifications of construction enterprises, some construction enterprises are technologically backward, poorly equipped, low level of management, relying on legitimate competition can not be contracted to the project. Some construction companies know that their own conditions are not high, they will bribe as a means of competition, the wrong that the organization bidding is just a pendulum casting, the key is still to rely on bribes to pull the strings, by all means use improper means to open the gap in the bidding, trying to find ways to bidding units and bidding agent in charge of pulling the strings, collusion bidding.
(C) the bidding behavior lack of supervision.
One is the supervision of the bidder is not in place. From the preparation of issuing tenders to bidding this stage, the regulatory authorities did not fulfill their responsibilities, the implementation of the necessary supervision of the bidder and the whole process of supervision; Secondly, the lack of supervision of the bidding agency. Currently, the vast majority of the bidding behavior are entrusted to the bidding agency, but the regulatory authorities of its agency's business lack of effective supervision or no supervision. This directly leads to collusion between the bidder and the agent company, or collusion with the bidder against the interests of other bidders. Third, the lack of supervision of bidders. The regulator does not effectively supervise the bidders. Some bidders bid jointly and take turns, but have never been penalized. Administrative supervision and penalties have been limited. Collusive bidding cases are generally always after the start of the construction of the project before the public security organs to grasp or detect, can be at this time on the suspects to implement criminal coercive measures, often affecting the government or other bidding units, if you wait for the completion of the project, but then it takes a few years, which is often difficult to vigorously combat crime plays a decisive role, therefore, this is more important is administrative supervision and administrative penalties.
"Bid-rigging disrupts the order of government procurement and discourages potential bidders from bidding, as well as bringing damage to national interests. Therefore, it is necessary to prevent and combat it on all fronts and curb its occurrence." Industry sources called for.
Open procurement information
"Bidding information must be as open as possible, more suppliers involved, once more than one supplier does not participate, crosstalk will be difficult to form, if necessary, you can extend the time of the release of information, but also take the initiative to invite reputable and qualified suppliers to participate in the bidding." Jiangsu Provincial Government Procurement Center Director Wu Jiyong said.
Not coincidentally, Anhui Province, Maanshan City Government Procurement Center, Zhang Jiaju, director of the maximum disclosure of information as a policy: "so that as many suppliers know and participate in government procurement, not to lose to avoid the bidding crosstalk good policy. Participate in more suppliers, bid-rigging schemes to come, willing to be controlled by the benefits of equalization also accompanied by come, but do not want to be controlled by the strength of grabbing the 'cake' also came. In this way, the scheming people want to string also can not string up." Therefore, in order to be able to maximize the suppliers to understand the procurement information, Maanshan City sometimes also in the information released, to remind suppliers to go to inspect. For projects that are on the cold side, in addition to releasing information in the designated media and local media, announcements will be made in neighboring cities, developed regions, or media in local cities where the project's production is concentrated.
Industry experts reminded that the prevention of bid-rigging should also pay attention to distinguish whether the suppliers participating in the bidding is a branch of the same parent company, the same dealer under the distributor.
Reduce the threshold of access
Reduce the threshold of access, relax the pre-qualification conditions, liberalize the restrictions on the number of bidders is also one of the ways to avoid bid-rigging. In operation, according to the number of potential bidders and market conditions, the appropriate lower minimum limit of bidders, so that more bidders to participate in the competition. Zhang Jiaju introduced, no special requirements, try not to limit. Therefore, in the electronic display screen, book procurement, a lot of suppliers involved in the competition, "in fact, set too high a threshold for the purchaser is also very unfavorable, we will try to negotiate with the purchaser, so that the purchaser knows the pros and cons."
Industry experts suggest that the full implementation of the tender notice, bidding documents, a unified model, to maximize the elimination of artificially set thresholds, engage in the "right".
Improve the evaluation method
According to the Qinghai Provincial Government Procurement Service Center, Shi Shengde, director of the situation, most of the bid-rigging bidding in the project, the procurement of large medical equipment, "our approach is to continue to change the evaluation method in the operation."
Industry experts pointed out that the core of bid-rigging is the winning bid, the most direct way to prevent bid-rigging should be the lowest bid. The lowest bid evaluation method is an international practice, the effect is also very significant. It captures the essence of bidding, greatly simplifies the principle of bidding, saving financial resources. Do not worry, the lowest bid evaluation method will not be because of the principle of price priority and make the bidders ignore the design of the bidding program, but precisely because it is the lowest bid, the bidders will be in the tender more effort, do everything possible to optimize the construction program, so as to achieve the purpose of the low price of winning the bid, high-quality construction, and achieve a reasonable profit.
Improve business
In the view of Yan Lihua, deputy director of the Sichuan Provincial Government Procurement Center, single-brand procurement is most likely to lead to bid-rigging, so the first can not specify the brand. She introduced, in automotive procurement, accompanied by more bidding, some brand manufacturers have stipulated that "you must report how much, or cancel your business qualifications." In the procurement activities are often agents or rotating bidding, or by a company won the bidding after everyone subcontracting, "such a situation we know, but can not get the evidence, can not help them."
Sound supporting legislation
The Anti-Unfair Competition Law and March 8, 2003, seven state ministries promulgated the "construction bidding for engineering projects," the relevant provisions of the more detailed legal definition of the "Criminal Law" also has a "collusive bidding crime" of the relevant provisions of the bidding behavior of the legal basis. The criminal law also has "collusive bidding crime" relevant provisions, is the legal basis for the behavior of collusive bidding disposal.
But the Government Procurement Law does not provide for the determination of bid rigging. Industry experts pointed out that it is now necessary to come up with quantitative indicators on the basis of in-depth research, and try not to be ambiguous. At the same time, it should also provide for more severe penalties, so that the cost of the behavior of the bid-rigging is much higher than the benefit of its risk. In addition, a public announcement system should be established so that defaulters have nothing to hide.
Increase supervision
"If the regulator is not firm, the centralized purchasing agency will be helpless. Government procurement regulation and operation is a system, as all parties in the same system have to form *** knowledge and raise legal awareness."
All relevant departments should work together under the unified coordination of government supervision and division of labor, **** with the same to do a good job of bidding supervision. Those who string bids should retain the right to pursue, whether it occurs at the time of bidding or after its bidding in the performance process is found, should be seriously investigated and dealt with.
In the project procurement, should implement dynamic supervision of project cost. Revise and improve the current method of compiling the project budget price, improve the information price release system, and promote the construction enterprises to prepare the enterprise quota, as the basis for quotation and evaluation of the bidding question. Vigorously implementing bill of quantities pricing bidding, carrying out inspections of the preparation of bills of quantities and budget prices, and preventing bid-rigging and bid-rigging from inflating project budgets and bidding prices. Not in accordance with the current provisions of the preparation of the project budget price resulting in the project budget price is high and the bidder blindly pressure the price of behavior, to be seriously dealt with, and recorded in the file of bad behavior; the winning bid price is obviously low project focus on tracking and supervision, to prevent the low price of the winning bid, the high price of the settlement.
"To prevent bid-rigging and bid-rigging, supervision should be increased, and the introduction of social supervision is also necessary." Deng Dongliang, director of the Hunan Provincial Government Procurement Center, pointed out. It can be aimed at regulators for the embarrassment of no clues or insufficient evidence, you can set up a reporting bonus to mobilize public supervision.
Enhancement of punishment
Once the crosstalk is found, the government procurement department should carry out timely investigations, and for confirmed cases of crosstalk, in accordance with the law and regulations, cancel the winning bidder's bidding qualification and terminate the performance of the contract; seriously deal with the relevant persons responsible for the leakage of the list of suppliers and notify the relevant persons; for suppliers of the crosstalk, the confiscation of bidding deposits, and, depending on the circumstances, refuse to participate in the government procurement, such as those belonging to the Agents of bid-rigging, the circumstances are serious may be canceled its agent products in the region to participate in government procurement qualifications. Increase the crackdown, make an example of the bidders to be afraid.
At the same time, the law can be set directly on the collusion of bidding command planners to limit their lifelong right to behavioral capacity of the punishment. Command planner is the company's legal agent or general manager or other "senior talent", if the collusive bidding from a collusive bidding to obtain enough to make their enjoyment of life-long profits, why our law can not limit the right to life behavior ability it?
There are also industry experts who believe that a maximum of three years' imprisonment is disproportionate to the thousands or hundreds of millions of dollars of losses, and that the modern Criminal Code emphasizes the principle of "equal guilt and responsibility". The essence of the act of collusive tendering is "economic fraud", and the maximum penalty for "economic fraud" in our Criminal Law is "death penalty", so can we increase the penalty according to the amount of the subject matter of the crime? The first thing we can do is to increase the penalties according to the amount of the subject matter of the crime.
Protection bidding small talk
In fact, can not blame the various enterprises to find ways to improve the winning rate, because the engineering field of the enterprise environment is so, large central enterprises, state-owned enterprises from the very beginning of the self with a variety of "halo", and in contrast to the private sector, the starting height of the high level of this can not be compared with the central enterprises, state-owned enterprises, but in the same market environment, each other and their own. However, they have to compete with each other in the same market environment, which in itself is a kind of unfairness. Coupled with the new policy in the past two years seems to be more inclined to central enterprises, state-owned enterprises, before the requirements of the dilution of the qualification, private enterprises operating for many years to fight for the qualification seems to be an empty, and then introduced a policy to vigorously promote the general contracting of the project, and for a time in the strengthening of the central enterprises, the dominant position of the state-owned enterprises. The introduction of these policies seems to be always so unfriendly to private enterprises. Resulting in the current stage of private enterprises as "birds of a feather" in general, the survival of the enterprise itself has no ability to control, like a child without care, any effort to rely on their own, struggling a little inattention will "fall off the cliff".
In recent years, the national infrastructure field of comprehensive development, the output value increased year by year, while the development of the construction industry has shown a "lopsided" situation, large projects, large projects, private enterprises have no ability to intervene, always hovering above some small and medium-sized projects, in order to survive at all costs and even touch the law.
We always hope that fair competition between the industries brought about by the balanced development, but in reality it is not so, the data behind each incident, more is worth every one of us to think and reflect.
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