The parties involved in bidding activities in the market often use various methods and means to avoid the management and supervision of the relevant administrative and regulatory bodies in their operations, and to evade the substantive provisions of the bidding, so as to achieve the acquisition of unreasonable or illegal benefits. As a result of the damage to the interests of others, society and the state, the legal rights of the contract is not fully protected by law.
Some enterprises lack the provisions and processes for transferring bidding failures to negotiations, and the procedures for handling objections and complaints. The system of individual enterprises even lacks the provisions of the bidding program, the selection of bidding methods, the bidding document compilation and review, the management of bid evaluation experts and other key control links. There is a lack of information on the bidding process, a lack of records of the review and approval process, the independent evaluation form of the jury, the results of the report on the review and other key records, and loose management of bidding information filing.
1. Bidding failed to turn to negotiate non-compliance, the negotiation process is not standardized. Bidding process in a bidding failure, not optimize the program for the second bidding, but directly using the negotiation mode or only to participate in the first bidding bidders to issue supplementary documents for the second bidding, bidding to negotiation process is not standardized to bidding documents instead of negotiation documents, the negotiation process is sketchy.
2. Bidders to avoid bidding. Some enterprises project review and approval management is not strict, the approval method is not standardized enough to avoid regulation. Some enterprises to "involving national security, state secrets, group company secrets are not suitable for public tender" as the reason for inviting tenders, the actual general engineering projects, did not see the content and documents involving the secret, do not carry out the bidding of the reasons and the actual situation is seriously inconsistent.
1. The tender documents are not rigorous, non-compliance. Some enterprises bidding documents exist lack of bidder qualifications, technical documents, special contract terms and other key provisions, bid evaluation standards are unclear, subjective arbitrariness and so on. Bidding documents set commitment to score terms, all bidders get full marks, the lack of competitiveness.
2. The bid opening process is not standardized. Bidding project opening process information is not complete, the lack of bidding documents to receive records, sealing inspection records, judges to extract records and other information.
Some enterprises have decentralized the implementation of bidding, and some personnel engaged in the implementation of bidding for the part-time personnel of various business departments, the level of uneven, inconsistent standards, process norms, compliance is insufficient. Individual business departments or secondary units of enterprises do not have the conditions and ability to organize their own bidding, but carry out their own bidding business.
Improve and perfect the rules and implementation measures of the relevant links and aspects of bidding, and form a system of administrative laws and regulations and laws and regulations with wide coverage.
Continue to do a good job of bidding special inspection, continue to optimize the supervision and inspection of the normalization of the work methods, explore innovative early warning and preventive measures to prevent short-term coping, to achieve full coverage of special inspections, and to improve the supervision and inspection of long-term mechanism.
Bid evaluation experts should not only do their job, abide by the rules and regulations of bidding, have a fair and impartial good professional conduct, but also need to have a wealth of professional theoretical knowledge and practical experience in evaluating bids. Evaluation experts should be able to find the bidding documents in the "cat", to stop crosstalk, accompanied by bidding, bidding and other behaviors that undermine the market order. For the bidding of other staff, but also to strengthen their professional ethics education and legal education.
Author:Liang Deyi, to provide professional intelligent government procurement business information system, business exchanges, please call 1888-148-7273.