I. What is collusive bidding behavior
Collusive bidding behavior, economics terminology, refers to the bidding between the bidders, bidding, raising or lowering the price of the act.
Second, collusive bidding behavior harm
1, collusive bidding directly harm the legitimate rights and interests of other bidders. In essence, it is a disorderly competition, malicious competition behavior, it disrupts the normal bidding order, preventing the competition mechanism should give full play to its function, often make the winning results to a large extent manipulated in a few companies in the hands of the advantages of the strength of the bidding of the potential winning bidder to turn away. Not only undermines the normal management of the construction market and the integrity of the environment, seriously affecting the fairness and seriousness of the bidding and tendering, but also hurt the interests of the majority of bidders.
2, when there is no bidding or composite bidding and do not take the amount of low bidding, crosstalk often leads to the winning bid price beyond the normal range, thus increasing the cost of the bidder. Because the enterprises involved in bid-rigging will generally have some form of benefit sharing, which will enable them to manipulate the bid price beyond the reasonable low range.
3, the enterprises involved in bid-rigging often have low integrity and do not pay much attention to the internal management of the enterprise. Due to the gambling mentality prevailed, they prepare the bidding documents focus only on price, the construction program is not seriously study, no reasonable response, even if the bid, but also unlikely to seriously organize the implementation of the project, the construction of the project to leave a hidden problem.
Three, collusive bidding behavior prevention countermeasures
1, improve the qualification system
The more competition, the greater the difficulty of collusive bidding. Therefore, should first start to improve the qualification system, not to facilitate collusive bidding behavior. From the Hezhou bidding practice, the following methods are more effective:
(1) the pre-qualification to post-qualification review.
(2) shall not put forward higher than the bidding engineering standards required qualifications and other requirements.
(3) Bidders must invite all qualified applicants to participate in the bidding and may not limit the number of bidders. This greatly increases the cost of collusive bidder's behavior, or make collusive bidding impossible.
2, the implementation of the lowest bid
Crosstender is the core of the winning bid, the most effective way to prevent crosstender should be the lowest bid. Because, even if the crosstalk "acquisition" of most of the bidding units, there is only one remaining enterprise is not willing to go along, want to ensure that the winning bid is also difficult. Hezhou City, the use of the lowest bidding method is implemented:
(1) simple project, all the implementation of the lowest bid.
(2) for non-simplified works, the method of evaluation from the lowest price, for the bidder's bid is obviously too low or likely to be lower than the cost of the bidding, the bid evaluation team should be persuaded to give up the bid automatically; do not agree to give up the bidder must be paid to the bidder performance bond, the amount of the guarantee for the bidding price of its bid with the bidding control price of the difference between the bidder's bid; agree to give up the bidding, and then from the second-lowest bid to start the evaluation, and so on. And so on.
3, strict restrictions on the bid evaluation committee of the abolition of bidding behavior
Crosstalk behavior can be successful, the evaluation committee's factors also play a considerable role. Therefore, it should be stipulated that in addition to the laws, regulations, bidding documents expressly provided for the abolition of the situation, the bid evaluation committee shall not be abolished on the bidding documents.
4, to intensify the fight against bid-rigging
Must correct the wrong understanding of bid-rigging cases, the government should pay enough attention to the occurrence of bid-rigging cases, relying on the departments to investigate is not a solution to the problem, should be by the public security, disciplinary inspection, auditing, finance and other departments of the formation of a joint investigative team from the heavy and rapid investigation. Can not be punished instead of sentenced, because the economic strength of the unscrupulous bidders is not weak, such as punishment instead of sentencing will make the enterprise there is a "gamble" mentality. Should be in accordance with the law from the heavy financial penalties at the same time, but also in accordance with the law to investigate other legal responsibility, criminal offense must be transferred to the judicial organs.
Legal basis
"Chinese People's **** and the State Bidding Law" Article 36 When opening the bid, the bidder or its elected representative to check the sealing of the bidding documents, can also be commissioned by the bidder notary public inspection and notarization; after confirming the correctness of the sealing by the staff to be unsealed in public, read out the name of the bidder, bid price and other main contents of the bidding documents.
The bidder in the bidding documents before the deadline for submission of bidding documents received all the bidding documents, the opening of the bidding shall be unsealed, read out in public.
The process of opening tenders shall be recorded and filed for inspection.
Article 37 of the Law of the People's Republic of China on Bidding and Tendering Article 37 The evaluation of tenders shall be the responsibility of the bid evaluation committee formed by the bidder in accordance with law.
The project must be bidding according to law, the bid evaluation committee consists of representatives of the bidder and the relevant technical, economic and other aspects of the experts, the number of members of more than five singular, of which technical, economic and other aspects of the experts shall not be less than two-thirds of the total number of members.
The experts in the preceding paragraph shall be engaged in the relevant field of work for eight years and have a senior title or have the same level of professionalism, by the bidder from the relevant departments of the State Council or the relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government provided by the roster of experts or bidding agency's expert database within the relevant specialties in the expert list to determine; general bidding projects can be adopted by random sampling method, special bidding projects Can be determined directly by the bidder.
People who have an interest in the bidders shall not be allowed to enter the bid evaluation committee of the relevant project; those who have already entered shall be replaced.
The list of members of the bid evaluation committee shall be kept confidential until the results of the winning bid are determined.