General situation of Jiangxi bidding network;
Jiangxi Bidding Network is the only designated network media in Jiangxi Province that publishes bidding information of construction projects for construction enterprises.
In order to further standardize the bidding behavior of local construction enterprises, Jiangxi Bidding Network has set up a corresponding study column to provide various bidding services for local construction units. In order to further standardize the development of Jiangxi bidding network project bidding, the relevant strategies to curb collusion bidding are formulated. The main reasons are as follows:
It is no accident to appear.
Although the current laws and regulations stipulate the punishment measures for collusive bidding, collusive bidding has been repeatedly banned and has now spread to the field of government procurement. Why is this?
Imperfect laws and regulations
Judging from the legal environment, although China's legal system is becoming more and more perfect, it is undeniable that it is not matched, meticulous, imperfect and rigorous. This provides an opportunity for illegal behavior. For example, Article 77 of the Government Procurement Law stipulates that collusive bidding among bidders is one of the circumstances to be punished, but it is not clear how to identify collusive bidding.
For another example, Article 53 of the Bidding Law provides penalties for collusive bidding, but people have a large space to grasp and the definition is not clear.
For example, the object of punishment should be all units involved in collusive bidding, but under normal circumstances, collusive bidding will not be punished. If collusion is found, only the winning bidder will be punished. For another example, it is stipulated that "if the circumstances are serious, the bidder shall be disqualified from bidding for projects that must be subject to tender according to law within one to two years, and shall be announced until the business license is revoked by the administrative department for industry and commerce". However, there is no specific regulation on what is "serious circumstances".
The cost of violation is too low
"Collusion not only harms the interests of buyers, but also disrupts the entire market economic order, but the current law is too light." Experts in the industry pointed out that the amount of fines imposed by the Bidding Law on bidders and those directly responsible is small, and the illegal cost is far less than the illegal income.
The penalties stipulated in Articles 72 and 77 of the Government Procurement Law and Article 53 of the Bidding Law are mainly economic penalties, and the investigation of criminal responsibility should be based on the relevant provisions of the Criminal Law. According to the provisions of Article 223 of the Criminal Law, if bidders collude with each other to bid for quotations and harm the interests of the tenderee or other bidders, if the circumstances are serious, they can only be sentenced to three years' imprisonment at most, and may also be fined. In practice, some procurement projects often cost tens of millions or even hundreds of millions of yuan, and there will be tens of millions or more "excess" profits at a time. Compared with the huge profits of cross-bidding, this is definitely a "one-book profit", which will inevitably lead to bidders taking risks.
Jiangxi Bidding Network: /ggzy/
Jiangxi Procurement Bidding Network Address: Room 406, Jiwei Hotel, No.27 North Road 172, Nanchang City, Jiangxi Province
Jiangxi Procurement Bidding Network Contact: 079 1-862 13987
Jiangxi Procurement Bidding Network Fax: 079 1-862 13987
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