Talk about how to prevent and control bidding, crosstalk, accompanied by bidding

In recent years, with the promulgation and implementation of bidding laws and regulations, the bidding market continues to flourish, bidding competition is increasingly fierce, individual bidders are driven by the interests of illegal bidding behavior has risen, especially individual bidders crosstalk bidding behavior, damage to the legitimate rights and interests of other bidders, disrupting the normal order of the industry. With the popularity of computer bidding software and office automation, crosstalk bidding is also more and more covert, how to effectively prevent and eradicate crosstalk bidding has become a bidder and bidding supervision department must seriously study and urgently need to solve the problem. First, the definition of bid-rigging, bid-rigging, bid-rigging is also known as collusion bidding and tendering, it refers to the bidder and the bidder or the bidder and the bidder between the use of improper means, the bidding and tendering matters to collusion, in order to exclude the competitors or damage the interests of the bidder's behavior. Crosstalk is a kind of speculative behavior of collusive bidding, and its root cause is the lack of integrity in the field of bidding and even the whole society. Bid-rigging is only one of the various undesirable and illegal behaviors caused by the lack of credit in the industry. Bid-rigging is the collusion of several enterprises to inflate the bid price. Bid-rigging is usually a contractor using the names of several enterprises to bid at the same time, competing with themselves, and no matter which enterprise wins the bid, the bid-rigger will ultimately win the bid. Second, bid-rigging, bid-rigging, bid-rigging behavior and its harm due to the fierce competition in the market, in order to pursue greater economic benefits, market players to circumvent the law, or even directly violate the law of the behavior of the endless, ways and means, especially bid-rigging and bid-rigging phenomenon is more serious. At present, the bidding market is common bid-rigging, bid-rigging, bid-rigging behavior are mainly the following: (a) a bidding unit in order to increase the chances of winning the bid, invite other units to accompany the bid to increase their own chances of winning the bid, the more the invitation to accompany the bidding unit, the greater the chances of winning the bid. Some uncompetitive or loss-making enterprises are difficult to exit the market, in order to survive, driven by economic interests, will choose to accompany the bid, in order to obtain a certain benefit in return to support the survival of the enterprise. (ii) Several bidding units join hands with each other to form a stable alliance of bid-rigging, taking turns to sit on the fence, so as to achieve the purpose of crowding out other bidders, controlling the winning price and the winning result, and then sharing the profits according to the prior agreement. (C) individual project managers or social loafers at the same time rely on a number of bidding units bidding, on the surface of several units in the bidding, the actual one person behind the manipulation. (d) bid-rigging bidder on the one hand, through illegal means to artificially increase their chances of winning the bid, damage the legitimate rights and interests of other bidders; on the other hand, bid-rigging bidder tends to use the bidding at the same time to report the high price, at the same time to report the low price of the means of collusive offers, or inflate the price of the bidders to cause economic losses, or in order to win the bidding price, without regard to the cost of the bidding, to the quality of the quality of the safety of the hidden dangers; third, bid-rigging is often accompanied with Third, bid-rigging is often accompanied by other illegal and irregular behaviors, which not only increase the management risk of the bidder, but also become the root cause of dependence, subcontracting and so on. Surrounding the bidding, crosstalk, accompanying the bidding is like a tumor on the bidding market, seriously undermining the bidding of openness, fairness, impartiality and honesty and credit principle, disturbing the bidding market order, infringement of the legitimate rights and interests of other parties to the bidding, such as not effectively curbed, will always be a threat to the health of the bidding market. Third, bid-rigging, bid-rigging, bid-rigging behavior of the reasons for the existence of analysis (a) illegal punishment mechanism is not smooth, it is difficult to form a deterrent effect. At present, "bidding law", "unfair competition law", "criminal law" and other laws and regulations on bid-rigging, bid-rigging, bid-rigging behavior of the legal responsibility of the clear provisions, involving industry and commerce, justice, bidding supervision and administrative supervision of various industries and other departments. However, in the specific operation, but often exists in industry and commerce, justice, industry authorities have the right to penalize but no right to supervise, bidding supervision departments have the right to supervise the awkward situation without the right to penalize. Supervision and punishment of the disconnect, is bound to cause supervision without strength, punishment of the situation. Supervisory departments found bid-rigging bid-rigging behavior can only have the right to penalize the department proposed penalties, not to mention the penalties for enterprises in the field. Furthermore, bid-rigging and bid-rigging behavior is very complex, how to define, by whom to define, who leads the investigation and so on, many issues are not clearly defined, the departments in the technical operation of no follow, there is inevitably a lack of supervision. (ii) administrative penalties are insufficient, the illegal cost of bid rigging is too low. For example, the Bidding and Tendering Law stipulates that: bidders colluding with each other or with the bidder, a fine of more than five thousandths of one percent of the amount of the winning project, or less than ten thousandths of one percent of the amount of the winning project. The competent person directly responsible for the unit and other responsible persons shall be fined more than five percent and less than ten percent of the amount of the unit's fine. Calculated on the basis of 10 million yuan winning bid, the unit fine of 50,000 yuan to 100,000 yuan, the individual fine of 5,000 to 10,000 yuan. Such a scale of the project for the winning unit's profits should generally be more than 1 million yuan, the cost of its violation of the law is far less than its illegal income, the penalty for unlawful acts as a boot to scratch the itch, it is difficult to effectively curb a small number of unscrupulous enterprises of the speculative mentality. Another example, the seriousness of the circumstances, cancel its one to two years to participate in the bidding qualification and to be announced, until the administrative organs for industry and commerce revocation of business licenses. The seriousness of this situation has no detailed standards, in practice, it is difficult to define, artificial operation of the space is very large, the big things are small, small things are not surprising. (C) the serious lack of credit penalty mechanism, crosstalk bidding with bidding behavior unimpeded. Market economy is the integrity of the economy, China's integrity system started late, although many local governments have done a lot of useful exploration of the system of disciplinary action for breach of trust, played a positive role in the local, but the lack of unified deployment, inconsistent standards, information is not uniform, the bidders are disciplined in a place, a place to go unimpeded as usual. (D) bidders anti-skewering awareness is weak, not strong sense of responsibility, greatly improving the success rate of string bidding bidding with bidding behavior. Many bidders believe that bidding is the procedure, illegal investigation and handling is the supervision department, more than one thing is better than less, in the bidding process lack of responsibility, it is easy to find the crosstalk bidding with the signs and signs of indifference and connivance, in effect, the growth of speculative mentality of the bidders. Four, bid-rigging, bid-rigging, bid-rigging governance countermeasures (a) grasp the source, expand the adequacy of competition. To emphasize the pre-qualification link. In addition to those not in accordance with the provisions of the bidding and tendering, avoiding the bidding behavior, in the bidding and tendering in the reason why the repeated occurrence of bid-rigging and bid-rigging phenomenon, with some bidding and tendering management links are not tight. The pre-qualification link must be innovative in order to put an end to the phenomenon of owners using pre-qualification to restrict and exclude potential bidders or to engage in false tendering. For general engineering projects, do not need pre-qualification, to allow more qualified units to participate in the bidding; for complex projects, the need for pre-qualification, to develop a scientific and reasonable pre-qualification conditions. From the actual effect, the more people formally bidding, the more fully competitive bidding, the higher the cost of crosstalk bidding, the smaller the chance of success, but also more in line with the principle of fair competition. Therefore, a more feasible measure to solve the current problem of bid-rigging is the relevant functional departments to develop ways to encourage more units to participate in bidding and tendering activities, so that those who violate the law due to bid-rigging cost is too high and retreat. (ii) to grasp the supervision, the establishment of departmental supervision and social supervision joint defense mechanism. Surrounding the bidding, crosstalk, accompanied by the phenomenon of bidding and bidding supervision is directly related. On the one hand, should increase the bid-rigging with the bidding behavior of investigation and handling, the establishment of public security, industry and commerce, industry authorities to jointly investigate and handle the mechanism, the formation of regulatory synergy, bid-rigging with the bid-rigging behavior, there must be investigated, investigated and investigated, so that bid-rigging bid-rigging with the bid-rigging of the high price of the violation of the law, so that this high-voltage line is daunted. On the other hand, increase the complaint handling policies and regulations, in particular, increase the publicity and implementation of the "construction project bidding and tendering complaints," to encourage the bidding parties to supervise each other, supervision and management departments to regulate the complaint handling work, so that the bidding bidding bidding accompanied by bidding nothing to hide; increase the bidding agent and bidding notarization of the management to give full play to its strengths to give play to its real role. (C) grasp the technology, strict bidding procedures and improve the bidding management level, do not give bid-rigging, bid-rigging, bid-rigging behavior can take advantage of. Bidding is a relatively fixed procedure and relatively stable transaction mode, whether it is engineering construction contracting or related materials procurement bidding, in accordance with the bidding, bidding, bid opening, bid evaluation, winning the bid, signing the contract this relatively fixed procedure. The organizational form of bidding is also mainly open bidding, with many bidders being evaluated at the same time through competition to determine the winning bidder. Bidding activities strictly follow the legal procedures, can reduce backroom operation, improve the openness and fairness of bidding. For the possible existence of crosstalk bidding bidding behavior, the bidder should set up anti-crosstalk, anti-scrosstalk awareness, careful organization of each bidding process, through the development of bidding documents, bid evaluation methods set up, the review of bidding registration, bid opening, bid evaluation organization, layer by layer to set up defenses, do not give crosstalk behavior can take advantage of the opportunity. Such as in the bidding announcement link as much as possible to expand the scope of information bulletin, so that the bidder bidding with the bidder; in the sale of tenders, strict review of certificates, performance of the original and registration conditions; the implementation of strict confidentiality of the bidding unit information, so that the bidder bidding with the bidder nothing to go on; not technically complex general projects using the lowest evaluated bidding method of evaluation of the bids; in the bidding process, strict review of the same volume; bidding The collection and refund of the security deposit is implemented in the bidder's account to the security deposit account and the use of wire transfers and other means. Through the bidding procedures set up to ensure that the real bidders normally participate in the premise, so that collusive bidders can not be defended, tired to cope with, too late to collude with enough bidders. In the signing of the contract and project site management, the collusive bidders to retain the right to pursue, whether it occurs in the bidding or after its bidding in the construction and production process is found, should be seriously pursued legal responsibility. (D) grasp integrity, build bidding integrity system, create a positive atmosphere of integrity bidding. At present, bid-rigging, bid-rigging, bid-rigging behavior has a tendency to proliferate, and the lack of integrity system has a lot to do with. Disciplinary system for breach of trust is the solution to the bidding crosstalk accompanied by a good medicine, should be quickly led by the industry authorities or associations, the establishment of a unified bidding integrity system information platform, so that the bidder a breach of trust, everywhere subject to the formation of a good situation of street rats, everyone shouting. Mature market economy countries have corresponding credit registration system, performance in the bidding and tendering activities generally practiced in the investment enterprise list practice. That is, the good reputation, high quality enterprises in the list, only into the list of units, only eligible to participate in competitive bidding. On the other hand, to establish a disciplinary database, the competent authorities can collect relevant information on all disciplinary cases, according to the year of investigation and punishment, and the unit and nature of the defaulter, and then organize them into a booklet, and indicate the basic situation of the defaulter, forming a database of the defaulter. In the disciplinary database, selected part of the seriousness of the situation, the nature of the violator into the disciplinary file, trying to build a firewall to prevent job-related crimes, if it is verified that there is bad behavior of the enterprise, will be suspended from bidding qualifications, the seriousness of the situation will be cleared, and the publicity on the Internet and reported to the appropriate administrative departments to deal with. This makes the policy of encouraging the advanced and spurring the backward really put into practice, but also make the bidding and tendering and quality, qualification and other work to form an organic whole, and give play to the bidding management function. (E) Grasp the responsibility, the implementation of the bidding person in charge of the life-long responsibility system. As public and collective ownership of investment projects and the owners are not the real owners of the project, coupled with the ideological and moral level of the project contractor also varies, as a party to the bidding on behalf of the leaders of the construction unit, the investment of money and materials used in the country and the collective, the quality of the construction project is good or bad, the project price of how much of his personal interest has no relationship, thus giving some construction companies have a Opportunity to take advantage of. Responsible for the bidding of people due to get a variety of benefits, not possible to the quality of the project, the cost of the problem has enough knowledge, so that the construction side can invite some peers in fact has been determined down the project bidding, which is also the crux of the phenomenon of bid-rigging. To put an end to the occurrence of such problems, the person in charge of the bidding should implement its life-long responsibility for the quality and cost of the project, if there are quality problems in the project, it can be punished, serious quality problems, should be held legally responsible. In this way, some factors of administrative intervention can be prevented, the phenomenon of bid-rigging in tendering can be avoided, and corruption can be eliminated from the source. To sum up, due to profitable, bidding in the existence of bidding, crosstalk, accompanied by bidding and other illegal phenomena of the harm is very serious, and can not be completely eliminated at once, some unscrupulous elements are still changing the means to carry out a variety of transactions, in particular, bidding supervision agencies and as a service provider of the trading center, are unscrupulous elements like to start, but also easy to be corrupted to the occurrence of the problem of the place. Therefore, the discipline inspection and supervision organs at all levels should strengthen the supervision in these important areas, seriously investigate and deal with cases of violation of discipline and law, strengthen the project law enforcement supervision, start from various aspects, analyze the bid-rigging, crosstalk, accompanied by the bidding of the possible situations and means, once found to have a dependence on the crosstalk bid-rigging clues, the organization of the force to seriously investigate and deal with the full play of the role of the administrative supervisory departments, the formation of a place to be punished and subject to the system of disciplinary mechanism of breach of trust, to effectively prevent and eradicate the bid-rigging, crosstalk and the bid-rigging. Prevent and eradicate bid-rigging, bid-rigging, bid-rigging behavior. (Author: Guan Liwei Unit: Henan Zhongyuan Railway Vehicle Industry Co.