1 common problems in the process of construction project bidding and tendering
1.1 regulatory departments, regulators are not professional, resulting in a lack of supervision
According to the division of labor of the State Council's functional departments, the different competent departments (the Ministry of Construction, the Ministry of Transportation, the Ministry of Water Resources, the Ministry of Commerce, the Ministry of Railways, etc.) are in charge of the industry have their own bidding and tendering laws and regulations, and the governments of all levels (national, provincial and municipal) also have their own laws and regulations. ) also have their own laws and regulations. State ministries and commissions and governments at all levels are the makers of bidding and tendering regulations as well as the regulators, so that the bidding and tendering activities are regulated by many departments, and the regulators will not take the initiative to supervise the whole process of bidding and tendering activities (from the approval of bidding methods, announcement, pre-qualification/post-qualification examination, site survey, answering of questions and answers, opening of bids, evaluation of bids, bidding, announcement of the successful bidder, handling of complaints, signing of the contract, verifying the contract principal, etc.), which is essentially no supervision. The essence of supervision is that there is no effective supervision. Bidding and tendering activities, as long as there is a ring of supervision is not in place, will be prone to corruption and illegal phenomena. Whether it is the bidder or the bidder by the temptation of profit, coupled with the lack of supervision, may make illegal and disorderly behavior. In addition, some regulators are not familiar with the bidding and tendering laws and regulations, the whole process of bidding and tendering is not clear, those links are prone to problems are not clear, and can not be found illegal behavior. Bidding and tendering activities, even if there are illegal, illegal behavior, will not get due treatment.
1.2 bid opening, bid evaluation, bid monitor and supervisor lack of professionalism, supervision is not effective
At present, there are bid monitor and supervisor is not professionally engaged in bidding and bidding, no qualification certificate, lack of professionalism, lack of bidding and bidding related knowledge of the law, the bidding and bidding process is not familiar with the bidding and bidding process, even if the bidder, the jury appeared to violate the law, can not be detected in time and can not be found and can not be evaluated. In the process of bid opening and evaluation, even if the bidders and judges have violated the law, they cannot be detected and dealt with effectively in a timely manner. Some of the bid supervisors and supervisors are sent by the bidder or the bidding agency, not a neutral third party, do not want to offend colleagues or superiors for the sake of face, and turn a blind eye to violations of the law, it is difficult to detect and effectively deal with in a timely manner.
1.3 only pay attention to the opening of bids, bid evaluation supervision, the lack of supervision of pre-bidding and evaluation of bids
At present, the construction project into the public **** resources trading center opening of bids, evaluation of bids supervision in general is relatively good, most of the whole process can be carried out video monitoring, can effectively avoid illegal acts. However, the construction project bidding and tendering activities of many illegal behavior tends to open the bidding and bid evaluation often appear. For example: project approval violation of approval. Some of the project project approval, the project should be open bidding by modifying the rhetoric or through the relationship, leadership greetings, etc., can be approved as an invitation to tender or no bidding. Lack of supervision of the preparation of bidding documents. At present, most of the bidding are used by the bidder or bidding agency to prepare their own bidding documents, rarely use the standard format issued by the state; even if the standard format issued by the state, but arbitrarily modify the qualification conditions, bid evaluation criteria, bid evaluation methods is very common, the lack of supervision and review of the bidding documents before the sale. The publication of tender notices is not standardized and lacks uniform supervision. Some bidding announcements are not published in the state-specified "three newspapers and one network", and many announcements are issued on unknown websites (mostly local government websites), newspapers and magazines, resulting in other potential bidders in the country not being able to obtain the bidding information, and the lack of unified supervision. In the preparation of bidding documents, qualification conditions and bid evaluation criteria are customized for a particular insured person, and there is a lack of supervision. This is one of the most violated phenomena in most bidding and tendering activities. The setting of qualification conditions in the bidding documents local protection, industry protection is obvious, the bidder intentionally or unintentionally set exclusive conditions lead to other potential bidders simply can not pass the qualification examination or even if they pass the qualification examination can not get a high score, it is impossible to win the bid. Before the opening of the tender to reach a tacit agreement, *** with the bidding, take turns to sit. Lack of supervision after winning the bid, illegal subcontracting and bid selling become industry habits. As a result of the lack of supervision after the winning bid, some bidders also know Du Ming or later know the winning bidder in illegal subcontracting, selling bids, but also can not do anything about it. Eventually open bidding for construction projects, the winning bidder won the bid to make money through layers of resale, the winning bidder does not do the project directly to take the subcontracting fee, and finally take over the real construction of the unit no profit, the quality can not be guaranteed, poor quality of the project more complaints, the formation of rotten buildings.
1.4 bidders intentionally avoid the bidding phenomenon prevails
In the bidding and tendering activities in the bidder for various purposes, often not according to the approval of the bidding, bidding scope, bidding form of bidding or not according to the scope of the bidding provided for by national law, the bidding method of bidding a lot of phenomena. Bidders will often dismember the project that should be openly tendered into several small projects or divided into several small sections, so that the amount of each contract is lower than the state limit of bidding to avoid bidding. There are also bidders will should be open tendering project arbitrarily changed into an invitation to bidding, or even direct contracting. Supervisory departments at all levels lack the necessary, timely and thorough supervision, resulting in some bidders easily violate the law and will not be punished.
1.5 Owner's representative influence on bid evaluation results
The bidding law on the bid evaluation committee made clear provisions: the evaluation committee must have 2/3 and more bid evaluation experts, the number of owner's representative is not more than the number of 1/3 of the number of the evaluation committee. the actual evaluation of the bidding, the number of owner's representative is small, but the owner's representative will be evaluated through the evaluation of the bidding before the expression of the bidding documents as well as the interpretation of the evaluation of the bidding documents, expressly or implicitly. experts, interfering with the results of bid evaluation. Some bid evaluation experts can not adhere to professional ethics, coupled with the evaluation fee is the bidder (or bidding agent) to pay, bid evaluation experts will generally according to the owner's representative of the meaning of the bid evaluation, the owner's representative directly affect the results of bid evaluation.
1.6 Bidding agency irregularities
Currently, the number of bidding agents is increasing, the industry competition has become more intense, there is a vicious competition situation, the agency fee can not be guaranteed, and some bidding projects have no agency fee at all. Some bidding agents can not adhere to professional ethics, illegal operation, manipulation of the winning results for their own interests. Some bidding agent is the bidder's puppet or shield, to assist the bidder's illegal operation, according to the bidder's intention to control the bid evaluation process and winning results. Some bidders in the selection of bidding agency, clearly put forward who can control the results of the winning bid to agent, control can not be agent of the unreasonable requirements.
1.7 false bidding, the phenomenon of open bidding is not uncommon
In the construction project, some projects have been into the construction of the construction or has been completed, the bidders only later found illegal to choose a construction unit, but also afraid of the back to find out the problem, so make up to do the bidding tender information to cover up illegal to choose the facts of the construction unit. Some bidders through the issuance of false tender notices, bid opening, evaluation of bids to go through the form, evaluation and evaluation of the final result or has been into the construction of the construction unit won the bid. In the bidding process, there are some phenomena are: the bidding unit bid there is a big gap, one of the bidding production is perfect, this bid is rich in content, no matter from the staffing, equipment and materials, financial strength, performance and so on all aspects are very prominent, more than the other bidding more advantageous, and ultimately won the bidding with high scores. This is the bidding, the other are accompanied by the bid. This in the process of bidding (from the announcement, qualification examination, bid opening and evaluation, etc.) on the surface seems to be legal, its illegal behavior is more hidden, it is difficult to find, investigate and deal with.
2 Solutions and Measures for Problems in the Bidding Process
The above problems in the bidding process, there are factors in laws and regulations, but also problems and loopholes in the regulatory mechanism. In order to effectively stop these unlawful acts, the author analyzes the following aspects and explores the solution measures for everyone to share.
2.1 Establishment of a unified online bidding and evaluation platform
It is recommended that the State Council to take the lead (because it involves inter-provincial and inter-ministerial collaboration) in the establishment of a unified online bidding and evaluation platform, the gradual elimination of the provinces and municipalities to establish their own bidding and evaluation platforms, and gradually abolish the on-site evaluation of the bidding mode, the implementation of online online and time-limited evaluation of the bidding mode. The implementation of nationwide all public bidding projects unified in the only national online bidding and tender evaluation platform, such as: the release of public notices, qualification examination, electronic network bidding, online time-limited evaluation of bids. It completely solves the problems of non-open and non-transparent information dissemination and asymmetric access to information by potential bidders; completely solves the problems of local bidders bid-rigging and crosstalk among each other; and completely solves the problems of expert evaluating committees that may be interfered with by external factors in evaluating bids. Organizations and individuals that violate the law and discipline in bidding and tendering activities will be publicly exposed, included in the integrity system and blacklist, and restricted from participating in bidding and tendering activities.
2.2 Each city to set up a full-time bidding supervision committee
Each city to set up a professional full-time bidding supervision committee, is responsible for online the city within the scope of the construction project bidding activities, supervision, inspection, complaints, processing and other matters. The municipal bidding supervision committee can also set up different industries, different professional expert evaluation committee and supervision group, to achieve professional supervision of the whole process of bidding and tendering, such as: bidding announcement, bidding documents, pre-qualification, qualification conditions, bid evaluation methods, review of the bid evaluation process, after the winning the contract signing and filing, timely acceptance of complaints, dealing with violations of laws and regulations, blacklisting of organizations and individuals, restrictions on the illegal organizations and individuals from accessing the Internet for bidding privileges, etc.
2.3 Nationwide promotion of different industries unified bidding document template
Considering the large differences between the various industries across the country, the release of a bidding document template is not scientific and unreasonable, it is recommended that the State Council to organize the relevant experts in accordance with the characteristics of the industry to prepare and publish the template of bidding documents for different industries, and to be mandatorily implemented throughout the country. This can effectively regulate the bidder, bidding agency, the bidder's bidding behavior, effectively eliminate unreasonable conditions set to crowd out other bidders, effectively eliminate the bid evaluation standards, bid evaluation methods unfairness, but also for the regulator to provide the bidding documents, open and evaluate the bidding process of the regulatory basis. After the release of the bidding document template for each industry, it can be continuously revised and improved according to the problems that arise, and finally form a scientific, fair and reasonable format, which will greatly improve the bidding efficiency.
2.4 Establishment of neutral or public interest bidding agency
Currently, the number of bidding agencies is becoming increasingly large, the agency fee is the market competition, the agency fee is getting less and less, competition is fierce, so the bidding agent in order to act as a bidding project had to be at the request of the bidder. In order to effectively avoid such phenomenon, it is recommended that the government should establish a neutral or public interest bidding agency from the source of agency fee payment, and qualification access restrictions on agency practitioners. Solve the agency fee source can be government payment or require bidders to pre-pay to the government designated account and then through the government to pay to the bidding agency, at the same time the agency fee to implement the government guide price. Completely solve the bidding agent is subject to the control of the bidder, so that the bidding agent with neutrality or public welfare nature, in order to cut off from the root of the bidding agent's illegal root.
2.5 Strengthen the supervision of professional knowledge, professional skills training
Cities set up a full-time bidding Supervisory Committee and Supervisory Group, should also strengthen the supervision of professional knowledge, professional skills training, the implementation of qualification examination access system, eliminating unqualified personnel to achieve continuous improvement of supervision and inspection of supervision and inspection of the level of competence, and better for the open and fair, Fair bidding and tendering activities to escort.
Construction project bidding and tendering activities is an important part of the construction project, affecting the construction project investment, quality, so the bidding and tendering work is crucial. I work according to their own practical experience, on the construction project bidding process problems and put forward some personal ideas and solutions, I hope to engage in bidding and tendering personnel or supervisors to help, to standardize the bidding and tendering activities have reference value.
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