The Bidding Law of People's Republic of China (PRC) (hereinafter referred to as the Bidding Law) stipulates that the following engineering construction projects in People's Republic of China (PRC), including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to bidding. There are large-scale infrastructure, public utilities and other projects related to public interests and public safety; Projects that are wholly or partially invested with state-owned funds or financed by the state; Projects that use loans or aid funds from international organizations or foreign governments. In recent years, leaders at all levels in the water conservancy system have conscientiously implemented the bidding law, and have made some achievements in the bidding work, but there are also problems that cannot be ignored. Next, the present situation, problems and countermeasures of water conservancy construction project bidding are put forward:

First, the status quo and problems of water conservancy project bidding

Water conservancy projects are public welfare projects, and the establishment and implementation of water conservancy construction projects are carried out under the control of national plans. All kinds of engineering projects, especially large and medium-sized projects, must be approved by the competent department and planning department, and accept the management and supervision of the competent department, planning department and discipline inspection and supervision department. Water conservancy project contractors must have the ability to undertake bidding projects, good reputation and strong professional and technical level.

Since the implementation of the Bidding Law, leaders at all levels of the water conservancy system and discipline inspection and supervision cadres have attached great importance to the implementation of the Bidding Law and put it on the agenda, further strengthening the supervision and management of bidding for water conservancy construction projects. Actively take measures to standardize the bidding procedures, adhere to the principles of openness, fairness and justice, control the project cost, strengthen the owner's responsibility, ensure the project quality, maintain the market order, and prevent and curb corruption from the source. At present, the bidding for water conservancy construction projects is developing in depth. However, despite these achievements, there are still some serious problems.

(A) too much administrative intervention, bidding subject dislocation

Some local government leaders act arbitrarily, ignore national laws and regulations, seriously violate the Bidding Law and the Regulations on the Management of Bidding for Water Conservancy Construction Projects, and mistakenly think that they are first-class governments and natural "legal representatives". Therefore, in the bidding work, it violates the operating rules and takes over the whole project, confusing the bidding subject. For example, in the national reservoir and Qiyi reservoir hub of a city, individual leaders in the district ignored the state regulations, deliberately changed the tenderers, and subjectively decided the bidding matters. It is openly said that "bidding is the decision of the district Committee", which makes the bidding subject misplaced. In the list of the pre-trial group, the personnel of the bidding agency and the water administrative department were excluded, making the personnel of the agency who should be solely responsible for bidding become the representatives attending the meeting. At the pre-trial meeting, when the agency and the personnel of the water administrative department repeatedly explained that the state had clear regulations on bidding and seriously pointed out that it violated the procedures, the leader still went his own way, saying: "Attending is attending, opinions can only be referenced, and democracy should be centralized." Forced the participants of relevant municipal departments to leave, and the tendering agency was forced to terminate the contract because it could not perform its duties, which seriously disrupted the market order of water conservancy construction.

(two) the preparation of pre-tender estimate is not standardized, and the evaluation criteria are not uniform.

First, the pre-tender estimate is not standardized. Due to the serious shortage of construction funds in some regions and units, the pre-tender price was not prepared according to the budget quota stipulated by the state during the bidding process, and the pre-tender price was significantly lower than the initial approved investment. On the surface, the local difficulties seem to have been solved, but it has caused difficulties in the production and operation of construction enterprises, supervisors and design units, and the economic benefits of enterprises have decreased year by year, forming a vicious circle.

Second, the bidder does not meet the requirements. In some places, due to various reasons, when preparing the pre-tender estimate, the owners neither entrust qualified units nor find competent experts to prepare it, and set a frame in advance, making the pre-tender estimate worthless. For example, the pre-tender estimate of the first phase project is much higher than the average value of the construction unit, while the pre-tender estimate of the second phase project is much lower than the average value of the construction unit, which is very irregular.

Third, the evaluation criteria are not uniform. At present, there are many bidding projects for water conservancy projects, but there is no unified bid evaluation standard. The owner or agency of each project formulates bid evaluation criteria according to their own ideas. There are too many human factors to be fair and just.

(3) Neglecting qualification examination and excluding potential bidders

Some localities or units have seriously violated the provisions of the Notice on Strengthening the Construction Management of Public Welfare Water Conservancy Projects approved by the State Planning Commission, the Ministry of Finance, the Ministry of Water Resources and the Ministry of Construction in the State Council and the Measures for Tendering and Bidding of Construction Projects promulgated by seven ministries and commissions. Existence:

First, determine the prequalification conditions. Some places not only determine the prequalification conditions by themselves, but also do not specify the prequalification conditions, standards and methods in the tender announcement;

Second, the qualification examination was not carried out as required. All qualified and unqualified construction teams agreed to register, purchase bids and participate in bidding, resulting in some construction teams without water conservancy and hydropower qualifications being excluded from the bidding team, which led to claims disputes;

The third is to exclude foreign companies. Some places engage in geographical restrictions, local protectionism, exclude foreign companies and artificially limit the number of bidders. The winning bidder was booked before the pre-trial, and the rest were considered unqualified, which led to the exclusion of some construction teams that met the bidding qualification, while those that did not meet the bidding qualification won the bid, which laid a hidden danger to the project quality.

(four), the composition of the judges is not standardized, and the bid evaluation is seriously illegal.

First, the composition of judges is seriously in violation of regulations. For example, in the bidding of a dike project in a certain district, the judges are not selected from the expert database, but some experts without technical titles or party and government leaders and supervisors participate in the judges. The district committee is not only the person in charge of bidding, but also the bid evaluation committee. The other district committee deputy heads and deputy heads are judges, accounting for more than half of the judges.

In the bid evaluation grouping, the bid evaluation was not divided into three professional groups according to the requirements of the bidding documents. Instead, the judges of the business group were assigned to the technical group, while the credit group and the business group did not arrange expert judges to participate in the bid evaluation. The district Committee said: "Business and credit are hard and simple, and there is no need to arrange experts." When typing out business and credit information, relevant personnel require the expert judges to sign for approval.

Second, the bid evaluation method is unscientific. In the bid evaluation of thick vortex dike project. According to the evaluation method formulated by the zone, 13 bidders, 12 basically got 0 points, and only one bidder got 12 points. Obviously, this is very unscientific.

Third, the judges bid illegally. Some judges do not adhere to the principle of bid evaluation, and tend to evaluate bids, giving high marks to interested bidders. Some judges, in order to meet the requirements of the owners, readjust their scores if the scores of the intended bidders are not enough after the evaluation scores are counted out, until they win the bid.

(5) The system is not perfect and the supervision is not in place.

First, the system is not perfect. Although the Bidding Law has been promulgated for several years, the relevant supporting measures have been gradually established in the exploration, which is rough, imperfect and difficult to operate. Therefore, some localities and units in the process of operation according to their own needs, very irregular. Even if some systems are established, there are rules that are not followed and violations are not investigated.

Second, the supervision is weak. Leading cadres in some units are unwilling to accept the supervision of others and regard the supervision of discipline inspection and supervision departments as constraints. In the tender, the personnel of the discipline inspection and supervision department did not inform at all. Some discipline inspection and supervision personnel attended the bid opening meeting and did not supervise the whole bidding process. Some discipline inspection and supervision personnel ignore the violations of discipline and discipline in bidding, and do not propose, stop or correct them. Even if a part of it is corrected, it is invalid and the restriction is invalid.

Third, the punishment is not strict. Because the supervision mechanism of laws and regulations is relatively backward, many corresponding supporting regulations only say "no" without saying what to do if they are violated. In particular, there is no specific way to investigate the behavior of administrative leaders intervening in bidding. In some places, there is a phenomenon that discipline is lax, lenient and soft. Due to poor supervision and lax punishment, problems in bidding have been repeatedly banned. These problems have seriously violated the bidding law, hindered the smooth progress of bidding work and caused adverse effects among the masses.

Two, strengthen the supervision of water conservancy project bidding countermeasures

In order to standardize bidding activities, safeguard national interests, social interests and the legitimate rights and interests of the parties involved in bidding activities, improve economic benefits and ensure the quality of the project, the following countermeasures are put forward in view of the problems existing in the water conservancy industry:

(A) the reform of bidding management system, the implementation of "one-stop" service.

First, establish a "water conservancy project management center". According to China's current management system, the administrative supervision and management of bidding activities is the responsibility of many departments. Although this multi-department management model is conducive to giving full play to the advantages of relevant departments in professional management, it also causes many inevitable contradictions and problems in multi-head management, which is difficult for grass-roots units to adapt to and easily leads to departmental monopoly. Therefore, it is necessary to reform the bidding management system, establish a lean and efficient "management center" at the provincial, municipal and county levels suitable for China's national conditions, and incorporate all bidding activities of water conservancy construction projects into this center for management. Service form: there must be a service place, a fixed place and facilities. Service content: provide all-round services such as project construction application, bidding, contract review, quality supervision commission and commencement report. In terms of service nature, it is not only information consultation, but also centralized office and supervision and management. Provide "one-stop" service for contractors of both parties, so that the bidding work of engineering construction can be carried out in an open, fair and just environment and conditions.

Second, separation of government from enterprise, separation of institutions and separation of functions. Intermediary service institutions such as survey, design, construction units, engineering consulting, engineering supervision, bidding agency, etc. should be separated from government and enterprises, decoupled from administrative departments, and become legal entities that operate independently, take responsibility for their own profits and losses, and bear their own risks. So that administrative leaders at all levels have no right to monopolize or interfere, and completely change the current multi-sectoral management pattern and the phenomenon of administrative monopoly and administrative intervention.

Third, improve the relevant laws and regulations of bidding. It is suggested that the Law on Bidding and Bidding and the Regulations on the Management of Bidding for Construction Projects should be revised, and the Management Measures for Water Conservancy Construction Project Management Center should be formulated as soon as possible, so as to provide a legal basis for the water conservancy construction project management center to carry out bidding, and truly make the bidding for water conservancy construction projects move from concealment to openness, from disorder to order, and from intangible to tangible.

(two) the promotion of non-pre-tender bidding, the implementation of low-cost bid.

First, learn from advanced experience. Take the methods of "going out" and "learning from recent experience", learn from the experience of foreign countries, coastal cities and individual places, and carry out bidding without base price in the general contract of engineering projects and win the bid at a low price. Before bidding, the owner should do a good job in market research, grasp the market prices of various engineering materials and equipment, and do a good job in low-cost cost accounting to prevent the bid from being won if the quotation is lower than the cost price. This bid evaluation method can reduce intermediate links, put an end to black-box operation, prevent leakage of pre-tender estimate, curb violations of discipline and discipline in pre-tender estimate preparation and bid evaluation, help enterprises to compete fairly, maintain normal market economic order and strengthen internal management of enterprises.

Second, the compilation basis must meet the requirements. Before there is a pre-tender estimate at present, the basis for the preparation of the pre-tender estimate must also be strictly implemented. The preparation of the pre-tender estimate for the design and construction of water conservancy and hydropower projects must be carried out in accordance with the Provisions on Design Budget of Water Conservancy and Hydropower Projects and the Provisions on Budget of Water Conservancy and Hydropower Construction Projects. No unit or individual may prepare the pre-tender estimate in violation of regulations.

Third, the pre-tender estimate cannot be used as a direct basis for winning the bid. If the tenderer has a pre-tender estimate, its pre-tender estimate can neither be used as a direct basis for deciding whether to win the bid nor as a basis for rejecting the bid. It can only be used as a reference to prevent collusion in bidding, drive up the bid price and analyze whether the insured price is reasonable.

(3) Strengthen bidding management and bid strictly according to law.

First of all, we should enhance our legal awareness. Water administrative departments at all levels and discipline inspection and supervision departments should strengthen the study of bidding laws and regulations, strive to improve their comprehensive quality, enhance their legal awareness, enhance their sense of responsibility, firmly establish the idea of "quality first in a hundred years" and bidding according to law, put bidding work in an important position in the spirit of being highly responsible to the country, the people and future generations, and truly achieve: knowing the law, abiding by the law and enforcing the law.

Second, bid strictly according to law. The survey, design, construction and procurement of major equipment and materials for capital construction projects of water conservancy projects must be subject to public bidding in accordance with the Bidding Law. If it is really necessary to take the form of invitation or negotiation, it must also be approved by the competent department of the project or the competent area. The bidding activities of water conservancy projects must be carried out in strict accordance with the principles, procedures and scope stipulated in the Bidding Law 14 Order and Order No.30 of the Ministry of Water Resources. In bidding, we should fully embody the principles of openness, fairness and impartiality. If public bidding is not carried out in accordance with the regulations or invitation to bid or negotiation is adopted without approval, the construction shall not be approved. Engineering supervision units should also choose through competition.

Third, make good market access. The water administrative department shall, in combination with the characteristics of the industry, strengthen the supervision of the water conservancy construction market according to law by formulating rules and regulations, publishing qualification grade standards and law enforcement inspections. Relevant departments must strictly control the qualification identification and market access of all participating units. At the same time, the quality of consulting, design, construction and engineering supervision practitioners should be strictly required. Losses caused by lax control shall be investigated for the responsibility of relevant departments, leaders and supervisors.

(4) Strengthen supervision and severely punish violations of discipline and discipline.

First, establish a supervision network. Discipline inspection and supervision departments at all levels should cooperate with relevant departments, establish and improve the bidding supervision mechanism, strengthen government supervision, audit supervision and social supervision, and form a strict supervision network. Put the bidding work in the whole supervision network. Let those who violate discipline not violate discipline, do not want to violate discipline, and dare not violate discipline.

Second, strengthen law enforcement supervision. Discipline inspection and supervision departments at all levels should adhere to supervision according to law, regulations, active supervision and conscious supervision in accordance with laws and regulations. According to the Bidding Law, Order No.30 of seven ministries and commissions and other laws and regulations, combined with the actual situation of water conservancy construction, formulate feasible and easy-to-operate supervision regulations and implementation methods for bidding and tendering of water conservancy construction projects, and clarify the basic principles, specific scope and standards, main contents, authority, working methods, key links and accountability of supervision work, so that supervisors can know how to supervise, what to supervise and where to start.

Third, severely punish corruption. Punishment must have deterrent effect. Units and individuals who violate discipline and discipline, such as dereliction of duty, fraud, black-box operation, subcontracting, leading cadres' intervention in bidding, and illegal bid evaluation, should be given severe economic penalties and disciplinary sanctions. If the case constitutes a crime, it shall be handed over to judicial organs for criminal responsibility. Especially for those who do not hesitate to challenge the law, no matter who they are, no matter how high their positions are or how energetic they are, they should all be punished, punished and sentenced. Those who violate the law and discipline are frightened and discouraged. Really achieve the purpose of investigating cases, shocking and educating the front line.

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