Never mind, is the bid equal to zero? Is it equivalent to accompanying the bid?

In recent years, with the promulgation and implementation of bidding laws and regulations, the bidding market is booming and the bidding competition is becoming increasingly fierce. Driven by interests, the illegal bidding behavior of individual bidders has risen, especially the collusion of individual bidders, which has damaged the legitimate rights and interests of other bidders and disrupted the normal order of the industry. With the popularization of computer bidding software and public automation, bidding manipulation is becoming more and more hidden. How to effectively prevent and put an end to collusive bidding behavior has become a subject that tenderers and bidding supervision departments must seriously study and urgently solve. I. Definition of bid-rigging, collusive bidding and incidental bidding Bid-rigging, also known as collusive bidding, refers to the act of colluding with bidders or bidders by improper means, crowding out competitors or harming the interests of bidders. Cross-bidding is a kind of speculative behavior of colluding with bidding, and its root is the lack of integrity in the bidding field and even in the whole society. Collusion is only one of all kinds of bad illegal acts caused by the lack of industry credit. The accompanying bid is a collusion between several enterprises to drive up the price. Bidding usually means that a contractor bids under the names of several enterprises at the same time to compete with himself. No matter which company wins the bid, the bidder will eventually win the bid. Second, the manifestations and harm of collusive bidding, bid rigging and bid accompanying. Due to fierce market competition, in order to pursue greater economic interests, market participants evade the law and even directly violate the law. The ways and means are changeable, especially the phenomenon of colluding in bidding and accompanying bids is more serious. At present, the common behaviors in the bidding market are: (1) In order to increase the chances of winning the bid, a bidding company invites other companies to accompany it to increase the chances of winning the bid. The more companies are invited to accompany them, the greater the chance of winning the bid. It is difficult for some enterprises with weak competitiveness or losses to withdraw from the market. In order to survive, driven by economic interests, they will choose to accompany the bid in order to get a certain return to support the survival of the enterprise. (2) Several bidders unite with each other to form a relatively stable collusion alliance, take turns to sit in the village, crowd out other bidders, control the winning price and the winning result, and then share the profits according to the prior agreement. (3) Individual project managers or social idlers call several tendering units to bid at the same time. On the surface, several units are participating in the bidding, but actually one person is operating behind the scenes. (4) On the one hand, people who collude in bidding artificially increase the chances of winning the bid through illegal means, which damages the legitimate rights and interests of other bidders; On the other hand, bidders often collude in bidding by bidding at the same time with high price and low price, or drive up the price to cause economic losses to the tenderer, or deliberately lower the price for winning the bid, regardless of the cost, which brings hidden dangers to quality and safety; Third, collusive bidding is often accompanied by other illegal acts, which not only increases the business risk of the tenderee, but also becomes the breeding ground of affiliation and subcontracting. Bidding around, colluding with bidding and accompanying bidding are like cancer in the bidding market, which seriously undermines the principles of openness, fairness, impartiality and good faith in bidding, disrupts the bidding market order and infringes on the legitimate rights and interests of other bidding parties. If it is not effectively curbed, it will always threaten the health of the bidding market. Iii. Analysis of the Reasons for the Existence of Bidding, Collusion and Bidding Accompanying (1) The illegal punishment mechanism is not smooth and it is difficult to form a deterrent. At present, the Bidding Law, the Anti-Unfair Competition Law, the Criminal Law and other laws and regulations have clear provisions on the legal responsibilities of colluding in bidding, enclosing bids and attaching bids, involving the administrative heads of many departments and industries such as industry and commerce, justice, bidding supervision and so on. However, in practice, there is often an embarrassing situation in which the competent departments of industry and commerce, justice and industry have the right to punish but have no supervision, and the bidding supervision department has the right to supervise but have no punishment. The disconnection between supervision and punishment will inevitably lead to the situation that supervision is not strong and punishment cannot be started. When the regulatory authorities find collusion in bidding and bidding, they can only propose punishment to the departments that have the right to punish, not to mention punishing foreign enterprises. Furthermore, collusive bidding, bidding and bidding are very complicated. How to define, who will define, who will lead the investigation and so on. Many problems are not clearly defined, and various departments do not operate according to technology, which will inevitably lead to poor supervision. (2) The administrative punishment is not enough, and the illegal cost of colluding with bidders is too low. For example, according to the Bidding Law, bidders who collude with each other or with the tenderee will be fined more than five thousandths and less than ten thousandths of the amount of the winning project. The person in charge and other responsible personnel who are directly responsible for the unit shall be fined more than 5% 10% of the unit fine. Based on the winning bid amount of 6.5438+million yuan, the company will be fined 50,000 to 1 0,000 yuan, and the individual will be fined 5000 to10,000 yuan. The profit brought by a project of this scale to the winning bidder should generally be more than 6,543,800 yuan, and its illegal cost is far less than its illegal income. Punishment for illegal acts is like scratching your boots, and it is difficult to effectively curb the speculative psychology of a few illegal enterprises. For another example, if the circumstances are serious, its qualification to participate in bidding within one to two years shall be cancelled and announced until its business license is revoked by the administrative department for industry and commerce. There is no detailed standard for this serious situation, and it is difficult to define it in practice. There is a lot of room for human operation, and it is not surprising that it is small and trivial. (3) There is a serious lack of disciplinary mechanism for dishonesty, and collusion in bidding and accompanying bids are unimpeded. Market economy is a credit economy, and the credit system in China started late. Although many local governments have made a lot of useful explorations in the disciplinary system of dishonesty and played an active role in the local area, there is a lack of unified deployment, and standards and information are inconsistent. Bidders are punished in one place, but they are still unimpeded in another place. (4) The tenderee's awareness of cross-tendering is weak, and his sense of responsibility is not strong, which greatly improves the success rate of cross-tendering, bid enclosing and bid accompanying. Many bidders believe that bidding is a procedure, and the investigation of violations is a matter for the regulatory authorities. It is better to do more than one thing. They lack a sense of responsibility in the bidding process, turn a blind eye to the signs and signs that are easy to find, connive and encourage the speculative psychology of bidders in disguise. Fourth, the countermeasures of bidding, collusion and accompanying bidding (1) seize the source and expand the sufficiency of competition. Pay attention to the pre-qualification link. In addition to not entering the bidding site according to regulations and avoiding bidding, collusion in bidding often occurs, which is related to lax management of some bidding links. It is necessary to innovate the pre-qualification link to prevent owners from using pre-qualification to restrict and exclude potential bidders or engage in fake bidding. For general engineering projects that do not need pre-qualification, more qualified units should be allowed to participate in bidding; For complex projects that need prequalification, scientific and reasonable prequalification conditions should be formulated. From the actual effect, the more people formally bid, the more competitive the bidding, the higher the bidding cost, the smaller the chance of success, and more in line with the principle of fair competition. Therefore, at present, a feasible measure to solve the collusion problem is that the relevant functional departments formulate laws to encourage units to participate in bidding activities, so that those illegal acts will retreat because of the high cost of collusion. (2) Pay close attention to supervision and establish a joint defense mechanism for departmental supervision and social supervision. The phenomena of bid rigging, collusion and accompanying bids are directly related to bidding supervision. On the one hand, it is necessary to intensify the investigation and punishment of collusive bidding, establish a joint investigation and punishment mechanism of public security, industry and commerce, and industry authorities, form a joint force of supervision, and investigate and punish collusive bidding and collusive bidding, so that those who collude in bidding and collusive bidding will pay a high price for illegal acts, thus fearing this high-voltage line. On the other hand, it is necessary to strengthen the policies and regulations on complaint handling, especially the publicity and implementation of the Law on Handling Complaints in Bidding and Bidding of Construction Projects, encourage the bidding parties to supervise each other, and the supervision and management departments should standardize complaint handling so that colluding bidders have nothing to hide; Strengthen the management of bidding agency and bidding notarization, give full play to their advantages, and let them really play their role. (three) master the technology, strict bidding procedures, improve the management level of bidding, and do not give bidding and collusive bidding an opportunity. Bidding is a relatively fixed procedure and a relatively stable trading method. Whether it is project construction contracting or related material procurement bidding, it must be carried out in accordance with relatively fixed procedures such as bidding, bid opening, bid evaluation, winning the bid and signing the contract. The organization form of bidding also mainly adopts open bidding, and multiple bidders determine the winning bidder through competitive evaluation at the same time. Strictly following legal procedures in bidding activities can reduce the black-box operation and improve the openness and fairness of bidding. In view of possible collusive bidding, the tenderee should establish the consciousness of preventing collusive bidding and anti-collusive bidding, carefully organize all aspects of bidding, and take precautions at all levels through the formulation of bidding documents, the formulation of bid evaluation law, the examination of bidding registration, the organization of bid opening and evaluation, and so on, so as not to give collusive bidding an opportunity. For example, expand the scope of information announcement as much as possible in the tender announcement, so that those who collude in bidding can do nothing; In the bidding process, strictly examine the certificate, original performance and registration conditions; Keep the information of the tendering units strictly confidential, so that those who collude in bidding are at a loss; For general engineering projects with uncomplicated technology, the evaluated lowest bid price method is adopted for bid evaluation; Strictly review identical documents in the process of bid evaluation; The collection and refund of bid bond shall be made through the bidder's account to the deposit account and by telegraphic transfer. Through the setting of bidding procedures, it is impossible for colluding bidders to prevent and deal with it on the premise of ensuring the normal participation of real bidders, and it is too late to collude with enough bidders. In the process of contract signing and project site management, we reserve the right to investigate the collusive bidding, and we must seriously investigate the legal responsibility whether it happens in the bidding process or is found in the construction and production process after winning the bid. (four) grasp the integrity, build the integrity system of bidding, and create a positive atmosphere of honest bidding. At present, the proliferation of collusive bidding, collusive bidding and incidental bidding is closely related to the lack of credit system. The disciplinary system of dishonesty is a good medicine to solve the problem of collusion in bidding. The competent departments or associations in the industry should take the lead in establishing and perfecting a unified information platform for bidding integrity system, so that bidders can break their promises at one place and be constrained everywhere, forming a good situation in which rats cross the street and everyone shouts. Mature market economy countries have corresponding credit registration systems, which are generally manifested in the list of investment enterprises in bidding activities. In other words, enterprises with good reputation and high quality are included in the list, and only the units that enter the list are eligible to participate in the bidding. On the other hand, to establish a database of violators, the competent department can collect all the relevant information of disciplinary cases, organize them into a book according to the year of investigation and the unit and nature of the violator, and indicate the basic situation of the violator to form a database of violators. In the database of offenders, some offenders with serious circumstances and bad nature are selected and classified into disciplinary files in an attempt to build a firewall to prevent duty crimes. If it is verified that the enterprise has bad behavior, its bidding qualification will be suspended, and those with serious circumstances will be retired, and publicized on the Internet and reported to the corresponding management department for handling. This makes the policy of encouraging the advanced and urging the backward truly implemented, and also makes the bidding and quality and qualification work form an organic whole, giving full play to the bidding management function. (5) Grasp the responsibility and implement the lifelong responsibility system for the person in charge of bidding. Because the owners of public ownership and collective ownership investment projects are not the real owners of the projects, and the ideological and moral level of the project developers is different, the representatives of the bidders are mostly the leaders of the construction units, and the money and materials used for investment are all state and collective. The quality of the construction project and the cost of the project have nothing to do with his immediate interests, which gives some construction enterprises an opportunity. The person in charge of bidding doesn't know enough about the quality and cost of the project because of various interests, so the construction party can invite some colleagues to bid for the project that has actually been decided in advance, which is also the crux of the phenomenon of collusive bidding. To prevent such problems, the person in charge of bidding should be responsible for the quality and cost of the project for life. If the project has quality problems, it can be punished. If there are serious quality problems, legal responsibilities should be investigated. This can prevent some factors of administrative intervention, avoid collusion in bidding and put an end to corruption from the source. To sum up, due to the profit-seeking, illegal phenomena such as collusive bidding, collusive bidding and accompanying bidding are very harmful and cannot be completely eliminated at once. Some criminals are still changing their means to conduct various transactions, especially the bidding supervision institutions and trading centers as service organizations, which are places where criminals like to start and where problems are prone to corrosion. Therefore, discipline inspection and supervision organs at all levels should strengthen supervision over these important areas, seriously investigate and deal with cases of violation of discipline and law, strengthen project law enforcement supervision, analyze the possible situations and means of collusive bidding, collusive bidding and collusive bidding from various aspects, organize forces to seriously investigate and deal with clues linked to collusive bidding, give full play to the role of administrative supervision departments, form a disciplinary mechanism for dishonesty that is punished everywhere and subject to everywhere, and effectively prevent and put an end to collusive bidding, collusive bidding and collusive bidding. (Author: Guan Li Wei Unit: Henan Zhongyuan Railway Vehicle Industry Co., Ltd.)