Professional households and associations bid in groups, and the winning rate of group bidding section is 100%?
Professional households who won the bid, bid for 20 times, all won the bid, and the winning rate was 100%?
In recent years, the field of bidding has become a high-incidence area of corruption. This is not only the need to ensure healthy competition in the bidding market and promote the healthy development of the market, but also the fundamental need to purify the party style, political style and social atmosphere. Penalties will be increased to crack down on "bid rigging". 20 19 years, from the central to the local, related documents emerge in an endless stream. Investigate and deal with illegal acts in bidding activities in various places.
In the past six months, more than 700 enterprises in many parts of the country have been informed of illegal bidding. The short interval and the large number are really amazing! This is undoubtedly a blockbuster for the bidding market. The application of the "Five Bidding Documents" and the publication of several documents immediately aroused widespread concern on social media, and let everyone clearly see all kinds of chaos in the current bidding market. All parts of the country have become the hardest hit areas, which has aroused widespread concern from all walks of life. When can market chaos be completely eradicated?
Reasons for collusive bidding
In recent years, with the gradual progress of urban-rural integration, local governments have continuously increased their investment in infrastructure, and the cake in the construction market has become bigger and bigger. In addition, the supervision in the bidding field is not in place, which leads to collusion cases from time to time. According to the experience and analysis, it is found that the reasons and characteristics of the crime of colluding in bidding in the current market are as follows.
(A) the temptation of profiteering.
First, qualified construction companies are driven by their own interests. Many qualified construction companies themselves can get business without much effort in developing the market and business, while companies without this qualification will try their best to contact such companies with excellent qualifications, and the lessor can get a lot of management fees as long as it agrees to the qualification of the rental company. It can be said that it is unprofitable to rent qualifications at will, which creates convenient conditions for the crime of colluding in bidding. The second is the driver of the illegal interests of the winning bidder. Bidders collude with each other to bid for one or more sections of a project subject to tender through pre-agreed "bidding" or by unanimous quotation, price reduction or price increase, so as to crowd out other bidders and control the winning price and result. The winning bidder can bring more benefits through collusion.
(2) Weak legal awareness.
Due to the uneven qualifications of construction enterprises, some construction enterprises are backward in technology, poor in equipment and low in management level, and cannot contract projects through fair competition. Some construction enterprises take bribery as a means of competition knowing that their own conditions are not high. They mistakenly think that organizing bidding is just a gesture. The key is to establish a relationship through bribery, do everything possible to open the gap in bidding by improper means, and try every means to get in touch with the person in charge of the bidding unit and the bidding agency to collude in bidding.
(C) the lack of supervision of bidding behavior.
First, the supervision of the tenderer is not in place. During the period from the preparation of the tender to the tender, the regulatory authorities failed to perform their duties, and conducted necessary supervision and whole-process supervision on the tenderee; Second, there is a lack of supervision over bidding agencies. At present, most bidding activities are entrusted to bidding agencies, but the regulatory authorities lack effective supervision or have no supervision at all on the business of their agencies. It directly leads to collusion between the tenderee and the agency, or collusion with bidders, which harms the interests of other bidders. Third, there is a lack of supervision over bidders. The regulatory authorities did not effectively supervise the bidders. Some bidders bid jointly and take turns to sit in the village, but they have never been punished. Administrative supervision and punishment are limited. Cases of collusive bidding are generally mastered or detected by public security organs after the completion of project construction. At this time, criminal compulsory measures can be taken against the suspect, which will often affect the work of the government or other bidding units. If it takes several years after the completion of the project, it is often difficult to play a decisive role in effectively fighting crime. Therefore, administrative supervision and administrative punishment are more important.
"Collusion in bidding has disrupted the order of government procurement, dampened the bidding enthusiasm of potential bidders and harmed the national interests. Therefore, it is necessary to pay equal attention to all-round prevention and crackdown to curb its occurrence. " Industry insiders called for it.
Open procurement information
"Bidding information must be as open as possible, with more suppliers participating. Once multiple suppliers do not participate, it is difficult to form cross-bidding. If necessary, the information release time can be extended and suppliers with good reputation and qualifications can be invited to participate in the bidding. " Wu Jiyong, director of the Jiangsu Provincial Government Procurement Center, said.
Coincidentally, Zhang Jiaju, director of the government procurement center of Maanshan City, Anhui Province, also regards information disclosure as the best policy: "It is a good policy to avoid collusion to let as many suppliers know and participate in government procurement as possible. There are many suppliers involved, and there are collusion schemes. People who are willing to share the benefits after being controlled have also come, but those who don't want to be controlled and want to grab the' cake' by strength have also come. In this way, people who plot evil can't string together if they want to. " Therefore, in order to let suppliers know the purchasing information to the maximum extent, Maanshan sometimes reminds suppliers to check it after the information is released. For cold projects, in addition to publishing information in designated media and local media, announcements will also be published in surrounding cities, developed regions or local media where the production of the project is concentrated.
Industry experts reminded that to prevent collusion, we should also pay attention to distinguish whether the suppliers participating in the bidding are branches under the same parent company or distributors under the same distributor.
Lower the entry threshold.
Lowering the entry threshold, relaxing the pre-qualification conditions and liberalizing the number of bidders are also one of the ways to avoid bidding. In operation, according to the number of potential bidders and market conditions, the minimum number of bidders should be appropriately reduced to allow more bidders to participate in the competition. Zhang Jiaju introduced that if there are no special requirements, try not to restrict them. Therefore, in the procurement of electronic display screens and books, many suppliers participate in the competition. "In fact, setting too high a threshold is also very unfavorable to buyers. We will try our best to negotiate with buyers and let buyers know the pros and cons. "
Experts in the industry suggest that the unified mode of bidding announcement and bidding documents should be fully implemented, so as to eliminate artificial thresholds to the maximum extent and engage in "corresponding seating".
Improve bid evaluation method
According to Shi Shengde, director of the Qinghai Provincial Government Procurement Service Center, most of the cases surrounding bidding appear in the procurement of engineering and large-scale medical equipment. "Our method is to constantly change the bid evaluation method in operation."
Experts in the industry pointed out that the core of collusive bidding is winning the bid, and the most direct method to prevent collusive bidding should be the lowest bid. The lowest bid evaluation method is an international practice, and the effect is also very remarkable. It grasps the essence of bidding, greatly simplifies the principle of calibration and saves financial funds. Don't worry, the lowest bid evaluation method will not make the bidder ignore the design of the bidding scheme because of the principle of price priority, but because it is the lowest bid, the bidder will work harder on the tender and do everything possible to optimize the construction scheme, so as to achieve the goal of winning the bid at a low price, constructing with high quality and realizing reasonable profits.
Improve your professional skills
According to Tong Lihua, deputy director of the Sichuan Provincial Government Procurement Center, single-brand procurement is the most likely to lead to collusion, so brands cannot be designated first. She introduced that in automobile procurement, there are many cases of accompanying the bid, and some brand manufacturers stipulate "how much must be reported, otherwise they will be disqualified." In purchasing activities, agents often take turns to win the bid, or after a company wins the bid, everyone subcontracts. "We know this situation, but we can't help them without evidence."
Improve supporting laws and regulations
On March 8, 2003, seven ministries and commissions promulgated the Anti-Unfair Competition Law and the Measures for Bidding of Construction Projects, which defined it in detail. The criminal law also has relevant provisions on the crime of collusive bidding, which is the legal basis for dealing with collusive bidding.
However, there is no provision in the Government Procurement Law on determining bid rigging. Experts in the industry pointed out that it is necessary to come up with quantitative indicators on the basis of in-depth research and try to be unambiguous. At the same time, more severe punishment measures should be stipulated, so that the cost of collusion is much higher than its risks and benefits. In addition, a publicity system should be established so that those who break their promises have nothing to hide.
Strengthen supervision
"If the attitude of the regulatory authorities is not firm, centralized procurement institutions will be helpless. The supervision and operation of government procurement is a system, and all parties in the same system must form * * * knowledge and improve legal awareness. "
All relevant departments should cooperate with each other under the unified coordination of government supervision and do a good job in bidding supervision. Anyone who colludes in bidding, whether found in the bidding process or in the performance of the contract after winning the bid, should reserve the right to investigate and conduct a severe investigation.
In project procurement, dynamic supervision should be carried out on the project cost. Revise and improve the current project budget price compilation method, improve the information price release system, and promote construction enterprises to compile enterprise quotas as the basis for quotation and bid evaluation. Vigorously promote the bidding with bill of quantities valuation, carry out the inspection of the compilation of bill of quantities and budget price, and prevent collusion in bidding to raise the budget price and tender offer of the project. The behavior of not compiling the project budget price according to the current regulations, causing the project budget price to be artificially high and the bidder to blindly lower the price, should be dealt with severely and recorded in the bad behavior file; Focus on tracking and supervising the projects that have won the bid with obvious low price, so as to prevent winning the bid with low price and settlement with high price.
"In order to prevent collusion, we should strengthen supervision and introduce social supervision," Deng, director of Hunan Provincial Government Procurement Center, pointed out. In view of the fact that the regulatory authorities are embarrassed due to insufficient clues or evidence, they can set up a report bonus and launch mass supervision.
Strengthen punishment
Once collusion is discovered, the government procurement department should investigate and deal with it in time, and the verified collusion cases should be disqualified from winning the bid according to the law and regulations, and the contract performance should be terminated; Seriously deal with and notify the person responsible for leaking the supplier list; For suppliers who collude in bidding, their bid bond shall be confiscated and they shall be refused to participate in government procurement as appropriate. If the agents collude with each other, if the circumstances are serious, the products they represent may be disqualified from participating in local government procurement. Intensify the crackdown and set an example for bidders.
At the same time, the law can directly set penalties for colluding commanders, limiting their lifelong capacity for rights and behavior. Commanders and planners are usually legal agents or general managers of companies or other "senior talents". If collusive bidders can get enough profits from collusive bidding and enjoy lifelong profits, why can't our laws limit their lifelong rights?
Some experts in the industry believe that the maximum sentence of three years is out of proportion to the loss of several thousand or several hundred million yuan. Modern criminal law emphasizes the principle of "a legally prescribed punishment for a crime". The essence of collusive bidding is "economic fraud", and the highest penalty for "economic fraud" in China's criminal law is "death penalty". Can the punishment be aggravated according to the amount of crime?
Bidding has something to say.
In fact, we can't blame all enterprises for trying their best to improve the winning rate, because this is the environment for enterprises in the engineering field. Large central enterprises and state-owned enterprises have all kinds of "auras" from the beginning. On the other hand, it is unfair that private enterprises cannot compete with central enterprises and state-owned enterprises in the same market environment. In addition, the new policies in the past two years seem to be more inclined to central enterprises and state-owned enterprises. In terms of diluting the qualifications required before, the qualifications that private enterprises have struggled for many years seem empty, and then policies were introduced to vigorously promote the general contracting of projects, which once strengthened the dominant position of state-owned enterprises. The introduction of these policies always seems so unfriendly to private enterprises. As a result, private enterprises at this stage are like "frightened birds", and the life and death of enterprises are not under their control. Just like an unattended child, you have to rely on yourself for any effort. If you struggle carelessly, you will "fall off the cliff".
In recent years, the national infrastructure construction has developed in an all-round way, and the output value has increased year by year. However, the development of the construction industry has shown a "one-sided" situation. Private enterprises with large projects and large projects are unable to get involved, and they always linger on some micro-and small-scale projects, and even touch the law in order to survive.
We always hope for balanced development brought by fair competition among industries, but this is not the case. The data behind each event is more worthy of our thinking and reflection.
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