Electronic bidding in the determination of "bid rigging" eight ways

Recently, the General Office of the State Council issued the "on further optimizing the business environment to reduce the systemic transaction costs of market players," put forward by the end of October 2022, to promote the field of engineering and construction bidding, tendering, bid opening and other business processes online and bidding in the field of digital certificates across the region, cross-platform mutual recognition, and twice referred to clean up the field of bidding and bidding of unreasonable restrictions, to safeguard the field of bidding and bidding The field of fair competition.

So electronic bidding, how to identify "bid rigging"? There are the following eight points.

1, the bidder's IP address or Mac address duplication

In the electronic bidding and tendering activities in the bidding document MAC address, IP address, document identification code, bid duplication rate, as well as other information and data should not be the same as the identification of comparison and detailed analysis can effectively lock the clues of violations.

The bidding documents written and uploaded by a unit or a certain person for multiple bidders may only use a few or even a certain person to directly take the purchasing platform accounts of several companies and upload the bidding documents for bidding, or use the same computer to upload the bidding documents, which leads to duplication of bidders' IP addresses and duplication of Mac addresses.

Some people, in order to avoid the duplication of IP address, may bid inside the company and then take the laptop to upload another company's bid at home or in the hotel, but in fact, the bidder Mac address is still the same.

Early October, Hainan Province, Housing and Construction Department and other three departments jointly issued "on further promoting the reform of the bidding system of housing construction and municipal works of a number of measures (for trial implementation)" Measures proposed:

After the end of the opening of bids, the bidder or bidding agent should be through the "machine tube bidding" system of the The bidder or the bidding agent shall, after the opening of the tender, automatically compare and screen all the bidding documents by means of the automatic comparison and screening function of the IP address, the MAC address of the computer network card, the encryption lock number of the pricing software, and the serial number of the data storage device, and screen out the qualified bidding documents to enter into the evaluation of the bidding process.

The bidding documents suspected of collusive bidding will be automatically intercepted, not allowed to enter the bid evaluation process and automatically saved and pushed to the industry supervision department, the industry supervision department in accordance with the behavior of bid-rigging and collusive bidding in accordance with the law and regulations to deal with.

2, the bidding supplier basic information duplication

For the same procurement project, the bidding supplier, there are two or more suppliers of basic information duplication, such as contact name, telephone, e-mail, company address and other content duplication; two or more suppliers shareholders have a related relationship; the company's office space leaser or owner of the same and so on.

3, the bidding documents are identical

The system automatically compare the properties of the bidding documents electronic documents, when the electronic bidding author of different companies, the last saved, the company and other content is the same, that is likely to come from the same hand, there is a suspicion of bid-rigging.

The contents of the bidding documents are consistent. Usually manifested in the corresponding content of the technical bid, program details are the same, the bidding documents are the same flaws, such as typos are exactly the same. There are also low-level similarities, such as company A's bidding documents written in the name of company B, put company B qualification documents, etc. are obvious bidding.

4, the composition of the bidding price is unusually consistent

In the absence of a public internal maximum price, by the bidder close to close to the measured price or the internal maximum price of the winning bid. The last winning bidder has been close to the maximum price of the winning bid, with the suspicion of bid-rigging.

The composition of different bidders' bidding price is abnormally consistent, with the suspicion of bid-rigging.

5, suppliers accompanying the tender

In order to ensure full competition, the introduction of high-quality suppliers, public tenders or invitations to tender will require a minimum number of suppliers. Therefore, the bidding process, in order to meet the requirements of the number of suppliers bidding, some bidders will pull some "small partners" to accompany the bid. Usually each vendor's "small partners" is fixed, when the bidding for many times, it will be found that several vendors in different purchases regularly appear at the same time, and the winning bidder is one of the fixed, with a great suspicion of bid-rigging. However, this situation is more difficult to look at a single procurement project to find, the need to analyze multiple projects.

According to the "Chinese people's *** and the State Government Procurement Law" Article 36, in the tender procurement, there are "meet the professional conditions of the supplier or the bidding documents to respond substantially to the supplier less than three" situation, shall be abolished.

But on July 15, 2022, the Treasury Department of the Ministry of Finance issued the "on the Chinese people's *** and the State Government Procurement Law (Draft Revision of the draft for comments) Article 44: the number of suppliers bidding for the use of competitive procurement, bidding for suppliers and qualified bids are not less than three. However, after the implementation of open competition, bidding suppliers or qualified bidders only two or one, the procurement documents do not have unreasonable provisions, and the procurement procedures in line with the provisions of the procurement activities can continue.

This provision solves the procurement practice of the same project repeatedly procurement is always only two suppliers, the project can not carry out the predicament. After the implementation of suppliers accompanying the bidding situation may disappear.

6, the history of bidding anomalies

Past a bidding IP address or Mac address duplication, resulting in the two have been associated with the new project bidding process, if the two again at the same time bidding, even if there is no trace of the bidding process, but will still be found to be associated with the suspicion of bid-rigging.

7, the offer list price anomaly

Some of the procurement offer more than a single item, the bidding process, after setting a good bidding vendor prices, in order to save time will be another bidding partner's price directly multiplied by a certain factor, which will lead to several bidding vendors, the offer is a regular decreasing or increasing.

8, electronic bonding system to identify and curb bid-rigging

By introducing electronic bonding in the bidding process instead of cash deposit, the electronic bonding system is able to real-time statistics on the number of insured and the amount of insurance, record the number of bidding enterprises and the issuance of bid bonds and policy number, providing the regulatory authorities with dynamic data that can be monitored.

On the one hand, the issuance of bid bonds is premised on the review of bidders. The review based on the actual situation of the insured project and the credibility level of the insured can exclude enterprises that do not have the strength to undertake the project, and the clues of refusal of insurance recorded in the e-bonding system can help the bidding work to identify the clues of bid-rigging in advance.

On the other hand, the issuance of the bid bond to implement the trace operation, which helps the electronic bidding work to strengthen the bid bond submission node monitoring. And the e-bonding system, through the complete record of the insurance process and the underwriting process, helps the regulator to provide real-time early warning and timely correction of irregularities.

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