Bidding and procurement activities are not always smooth. Sometimes we will encounter some illegal bidding behaviors, such as bidding, but we don't know much about these crimes at ordinary times, so we will look at the specific situation of bidding with you on this bidding website.
Bidding, also known as collusive bidding, refers to collusion between suppliers, suppliers and bidders or agencies in bidding activities, forming a consortium of interests and excluding other suppliers from competition by unfair means.
"Looking at flowers in the fog" and "Looking at flowers in the mirror" are the sighs of many interviewees on the definition of bidding behavior. In practical work, the key difficulty lies in the verification and identification of enclosure. Let's talk about six kinds of legal bidding and six kinds of hidden bidding, and how to scientifically identify bidding collusion.
Six legal bidding situations
Article 32 of the Bidding Law and Article 25 of the Government Procurement Law clearly stipulate that bidders shall not collude with each other in bidding quotation, shall not crowd out the fair competition of other bidders, and shall not harm the legitimate rights and interests of the tenderee or other bidders. Articles 62 and 37 of the Administrative Measures for Military Material Procurement Review further clarify six situations that can be identified as bidders colluding in bidding: (1) The bidding documents of different bidders are compiled by the same unit or individual; (two) different bidders entrust the same unit or individual to handle the tender matters; (3) The project management members or contacts specified in the bidding documents of different bidders are the same person; (4) The bidding documents of different bidders are unusually consistent or the bidding quotations are regularly different; (5) The bidding documents of different bidders are confused with each other; (6) The bid bond of different bidders is transferred from the same unit or individual account.
The above situation is clearly stipulated by laws and regulations, and it is easy to judge and identify the bidding behavior, which belongs to the "low-level" bidding behavior. In practice, the bidding behavior is often more hidden and the means are more "smart", so the procurement personnel should not take it lightly.
Six hidden bidding situations:
In the procurement practice, in addition to the six bidding situations that have been clearly stipulated by laws and regulations, we should also be vigilant when we find the following six hidden situations.
(1) The demand for technical parameters of the project tends to be strong. This may be that the user informed one of the bidders of his purchase intention, and this company will play a leading role. In the case that other major competitors are unwilling to participate, the bidder designated by the user tries to find a "supporting role" to fill more than three companies.
(2) The "leading role" company actively cooperates, while the "supporting role" company is indifferent. If the qualification documents are not submitted actively, the product information provided is incomplete, the market situation is vague, and the purchaser makes excuses during the field investigation or sample display, resulting in poor quality of the bidding documents.
(3) Tendering companies will be more or less related. For example, there is a direct or indirect relationship between different bidding companies of the same bidding project, even affiliated enterprises. When inquiring about the composition of shareholders and personnel of different bidding companies, it is found that there are the same shareholders, supervisors or quality management personnel. The bidding authorizer will bid on behalf of different companies in a short time or go through the formalities after winning the bid.
(4) Supporting companies do not attach importance to the bid evaluation process. For example, in the process of bidding, only one sales representative is entrusted to participate, and there are no professional technicians, deliberately avoiding the problems of the tenderee, not caring about the bidding results, not preparing alternative bidding schemes, and even exposing "negative deviation".
(5) The company that "plays the leading role" has the lowest price and is undoubtedly qualified to win the bid, but its price is not necessarily the low market price. Although the product performance of the bidding company is average and there are few users, the price is ridiculously high, which sets off the "high cost performance" of the "protagonist" company.
(6) After the bidding, there are few questions and complaints, because all companies have made private appointments. If the bidding company wins the bid unexpectedly, there will be no reason to abandon the bid or give up the qualification for winning the bid.
The above situation is the main form of bidding, but it is still impossible to judge bidding only by the above situation, and it is necessary to rely on other technical means to carry out various studies. Any bidder who agrees to win the bid will be regarded as a bidder.
How to scientifically identify the behavior of bid rigging?
To sum up, if we want to scientifically identify the behavior of bid rigging, we can start with the concept and see if the behavior of suppliers is "exclusive". Cai Kun, a legal expert on government procurement, pointed out that the identification criteria of collusive bidding, collusive bidding and illegal acts are the same: on the one hand, there is subjective intention of colluding with each other to crowd out other competitors; On the other hand, the corresponding behavior was objectively implemented. In the current law enforcement practice, the definition of subjective intention is not easy, the evidence is not easy to obtain, and the parties generally deny it. Therefore, the standard of presumption of will is basically adopted, that is, judging whether bidding and collusion contain subjective meaning according to common sense.
For problems that are difficult to define and prove, at present, local financial departments still make judgments in strict accordance with the implementation regulations and the provisions of Order No.87 when dealing with doubts and complaints in this regard.
In addition, some experts believe that it is particularly important to "catch" typical cases. Strictly investigate and deal with collusion bidding and collusion bidding with conclusive evidence, and form a typical case for the reference of all parties in political mining, which can also play the role of "killing chickens and making monkeys".
It has always been the key work of bidding supervision departments around the country to seriously investigate and deal with bidding behavior and manage the bidding competition environment. Solution: treat both the symptoms and root causes, and take a multi-pronged approach!
Well, that's six kinds of legal bidding situations, six kinds of hidden bidding situations and how to scientifically identify bidding collusion. For more bidding information, please download the bidding APP to view it.
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