1 Frequently asked questions in the bidding process of construction projects
1. 1 There are many supervision departments and unprofessional supervisors, resulting in lack of supervision.
According to the division of functional departments in the State Council, different departments (Ministry of Construction, Ministry of Communications, Ministry of Water Resources, Ministry of Commerce, former Ministry of Railways, etc. ) has its own bidding laws and regulations, and governments at all levels (national, provincial and municipal) also have their own laws and regulations. National ministries and commissions and governments at all levels are the makers and supervisors of bidding laws and regulations, so that bidding activities are supervised by multiple departments, and each supervision department will not actively supervise the whole process of bidding activities (from bidding approval, announcement, pre-qualification/post-qualification, on-site inspection, answering questions, bid opening, bid evaluation, bid selection, announcement, complaint handling, contract signing, contract principal verification, etc.). As long as there is no supervision in the bidding activities, corruption and illegal activities will easily occur. Whether it is a tenderer or a bidder, lured by interests and not properly supervised, it is possible for them to violate the law and discipline. In addition, some supervisors are not familiar with the laws and regulations related to bidding, and they are not clear about the whole process of bidding. Those links are prone to problems and illegal activities cannot be found. Even if there are illegal acts in bidding activities, they will not be properly handled.
1.2 During bid opening and bid evaluation, the professional level of the bidding supervisor and manufacturing supervisor is insufficient, and there is a lack of supervision.
At present, some tender surveyors and supervisors are not specialized in tender work, have no qualification certificates, lack professional level, lack relevant tender legal knowledge and are unfamiliar with the tender process. In the process of bid opening and evaluation, even if the tenderee and the judges violate laws and regulations, they cannot be found in time and dealt with effectively. Some bid evaluation investigators and supervisors are sent by tenderers or tendering agencies, not neutral third parties. Because I don't want to offend my colleagues or superiors, I turn a blind eye to illegal activities, so it is difficult to find them in time and deal with them effectively.
1.3 only pays attention to the supervision of bid opening and evaluation, but lacks the supervision before and after bidding.
At present, the supervision of bid opening and evaluation of construction projects entering the public resource trading center is generally good, and most of them can be monitored by video throughout the whole process, which can effectively avoid illegal activities. However, many illegal acts in the bidding activities of construction projects often occur before the bid opening and after the bid evaluation. For example, the project approval is illegal. Some approved projects that should be open for bidding can be approved as bidding or not by modifying the rhetoric or greeting the leaders through relationships. The compilation of bidding documents lacks supervision. At present, most bidding documents are compiled by tenderers or bidding agencies, and the standard format promulgated by the state is rarely used; In other words, the standard format issued by the state is used, but it is very common to modify the qualification conditions, evaluation criteria and evaluation methods at will, and there is a lack of pre-sales supervision and review of bidding documents. The tender announcement is not standardized and lacks unified supervision. Some tender announcements are not published on the "three newspapers and one network" designated by the state, and many announcements are published on unknown websites (mostly local government websites), newspapers and magazines, resulting in other potential bidders in China not getting tender information at all and lacking unified supervision. When compiling the tender documents, the qualification conditions and bid evaluation criteria are tailored for the insured, and there is no supervision. This is the most illegal phenomenon in most bidding activities. The qualification conditions in the tender documents are obviously protected by local authorities and industries, and the exclusive conditions set by the tenderer intentionally or unintentionally lead to the failure of qualification examination of other potential bidders, or even the failure of qualification examination, which makes it impossible to win the bid with high scores. A tacit understanding was reached before the bid opening, and * * * joined the bidding and took turns to sit in the village. Lack of supervision after winning the bid, illegal subcontracting and bidding have become industry habits. Due to the lack of supervision after winning the bid, some bidders also know that Du Ming or later know that the winning bidder is illegally subcontracting, and there is nothing they can do. In the final public bidding construction project, after winning the bid, the winning bidder makes money by reselling at different levels, and the winning bidder directly takes the subcontracting fee without doing the project. Finally, the unit that took over the real construction has no profit, the quality can't be guaranteed, and there are many complaints about the poor quality of the project, forming an unfinished building.
1.4 It is common that bidders deliberately evade bidding.
In the bidding activities, for various purposes, the tendering units often do not bid in accordance with the approved bidding method, bidding scope and bidding form, or do not bid in accordance with the bidding scope and bidding method stipulated by national laws. Tenders often divide the projects that should be invited for public bidding into several small projects or several small blocks, so that the amount of each contract is lower than the bidding limit stipulated by the state to avoid bidding. There are also bidders who arbitrarily change the project that should be open for bidding into invitation to bid, or even directly contract. Due to the lack of necessary, timely and thorough supervision by regulatory authorities at all levels, some bidders are easy to break the law with impunity.
1.5 Owner's representative influences the bid evaluation results.
The Bidding Law clearly stipulates that the bid evaluation committee must have more than 2/3 bid evaluation experts, and the number of owners' representatives shall not exceed 1/3 of the number of judges. In the actual bid evaluation, although the number of owners' representatives is small, the owners' representatives will express or imply the bid evaluation experts and interfere with the bid evaluation results through their statements before bid evaluation and explanations of the bidding documents. Some bid evaluation experts cannot adhere to professional ethics, and the bid evaluation fee is paid by the tenderer (or bidding agency). Bid evaluation experts will generally conduct bid evaluation according to the owner's representative, and the owner's representative will directly affect the bid evaluation results.
1.6 illegal operation of tendering agency
At present, there are more and more bidding agencies, and the industry competition is more intense, resulting in vicious competition. The agency fee cannot be guaranteed, and some bidding projects have no agency fee at all. Some bidding agents can't adhere to professional ethics, operate illegally, and manipulate the results of winning the bid to seek their own interests. Some bidding agents are the puppets or shields of the tenderee, assisting the tenderee to operate illegally and controlling the bid evaluation process and winning results according to the tenderer's intention. When choosing a bidding agency, some bidders clearly put forward the unreasonable demand that whoever can control the winning bid will act as an agent, and if not, they will not act as an agent.
1.7 False bidding and secret bidding are common occurrences.
Among the construction projects, some projects have been put into construction or have been completed. Only after the tenderee found that the construction unit was illegally selected, and was afraid of finding problems later, he fabricated the bidding materials to cover up the fact that the construction unit was illegally selected. Some bidders go through the motions by issuing false tender announcements, bid opening and evaluation, etc., and the final result is that the construction unit that has entered the site wins the bid. In the process of bidding, there are still some phenomena: there is a big gap between the bids of various bidding units, and one of them is perfect. This tender is rich in content, outstanding in staffing, equipment and materials, financial strength, performance, etc., and has more advantages than other tenders, and finally won the bid with high scores. This is a bidding, and everything else is companionship. In the bidding process (from announcement, qualification examination, bid opening, bid evaluation, etc.). ), seemingly legal, its illegal behavior is more hidden and difficult to find and investigate.
2. Problems and solutions in the bidding process
In the bidding process, the above problems are caused by laws and regulations, as well as problems and loopholes in the supervision mechanism. In order to effectively stop these illegal acts, the author analyzes the following aspects and discusses the solutions for everyone to share.
2. 1 Establish a national unified online bidding and evaluation platform.
It is suggested that the State Council should take the lead (because it involves inter-provincial and inter-ministerial cooperation) to establish a unified national online bidding and evaluation platform, gradually cancel the bidding and evaluation platforms established by various provinces and cities, gradually cancel the on-site evaluation mode, and implement online and limited evaluation modes. All projects facing the national public bidding are invited to bid on the only online bidding and evaluation platform in China for announcement, qualification examination, electronic online bidding and online time-limited evaluation. Completely solve the problem that the information release is not open and transparent, and the information obtained by potential bidders is asymmetric; Completely solve the problem of collusion between local bidders; Completely solve the problem that expert judgment may be interfered by external factors. Publicly expose organizations and individuals who violate laws and regulations in bidding activities, incorporate them into the integrity system and blacklist, and restrict their participation in bidding activities.
2.2 Municipalities shall set up full-time bidding supervision committees.
Municipalities should set up a full-time bidding supervision committee to be responsible for the supervision, inspection, complaint and handling of online bidding activities for construction projects within the city. The municipal bidding supervision committees can also set up expert judges and supervision groups in different industries and professions to conduct professional supervision over the whole bidding process, such as: issuance of bidding announcement, review of bidding documents, pre-qualification, qualification conditions, bid evaluation methods and process, signing and filing of contracts after winning the bid, timely acceptance of complaints, handling of violations of laws and regulations, publication of blacklisted organizations and individuals, and restrictions on online bidding rights of illegal organizations and individuals.
2.3 nationwide promotion of unified bidding document templates for different industries
Considering the huge differences among all walks of life in China, it is unscientific and unreasonable to issue a template of bidding documents. It is suggested that the State Council organize relevant experts to compile and publish bidding document templates of different industries according to the characteristics of various industries, and enforce them nationwide. This can effectively regulate the bidding behaviors of tenderers, bidding agencies and bidders, effectively prevent unreasonable conditions from crowding out other bidders, effectively prevent the unfairness of bid evaluation standards and methods, and also provide supervisory basis for supervisors to supervise bidding documents and bid evaluation process. After the release of the bidding document templates of various industries, they can be constantly revised and improved according to the problems, and finally form a scientific, fair and reasonable format, which will greatly improve the bidding efficiency.
2.4 Establish a neutral or open tendering agency.
At present, there are more and more bidding agencies, and the agency fee is market competition, and the agency fee is less and less, and the competition is fierce. Therefore, if a bidding agency wants to act as an agent for a bidding project, it must obey the requirements of the tenderer. In order to effectively avoid this phenomenon, it is suggested that the government establish a neutral or open bidding agency from the source of agency fee payment, and restrict the qualification access of agency employees. The source of agency fees can be paid by the government or the tenderee is required to pay in advance to the account designated by the government, and then paid to the bidding agency through the government, and the agency fees are subject to government-guided prices. Only by thoroughly solving the problem that the bidding agency is subject to the tenderer and making the bidding agency neutral or public welfare can the illegal root of the bidding agency be fundamentally cut off.
2.5 Strengthen the training of supervisors' professional knowledge and skills.
Municipalities should set up full-time bidding supervision committees and supervision groups, strengthen the professional knowledge and skills training of supervisors, implement the qualification examination access system, eliminate unqualified personnel, continuously improve the supervision and inspection level and ability of supervisors, and better escort open, fair and just bidding activities.
Bidding for construction projects is an important part of construction projects, which affects the investment and quality of construction projects, so bidding is very important. Combining with my own practical experience, this paper analyzes the problems existing in the bidding process of construction projects, and puts forward some personal ideas and solutions, hoping to be helpful to the bidding personnel or supervisors, and have reference value for standardizing bidding activities.
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