One is to break the whole into parts to avoid bidding. According to the relevant provisions of the Regulations on Tendering and Bidding in Gansu Province, projects with a contract price of more than 500,000 yuan must be invited for bidding. In order to avoid the bidding procedure, individual units often split or dismember projects with a contract price of more than 500,000 yuan, so that their investment does not exceed the bidding ceiling, thus achieving the purpose of designating construction units.
The second is to participate in competition under the guise of qualifications. The Bidding Law clearly stipulates that it is not allowed to participate in bidding registration under the guise of qualifications or in the name of others. However, in the actual bidding registration process, individual bidders often sign up for bidding in the name of branches and project managers under the guise of qualifications and in the name of others.
Third, the phenomenon of accompanying the bid often occurs. On the eve of bidding for individual projects, a construction unit has already obtained the contracting qualification. In order to meet the relevant requirements of the bidding system for engineering projects, other units are invited to accompany the bidding, and the bidding documents of other bidders are compiled by themselves, and the contents are controlled, so that they can win the bid and be legalized.
Fourth, control information restricts bidding. The Bidding Law clearly stipulates the release of bidding information. However, in the actual operation process, individual units often use the tight construction period and improve work efficiency as an excuse to fail to publish the bidding announcement in newspapers, internet and other news media designated by the bidding management department, or shorten the announcement release time, which objectively causes the inequality of information for potential bidders.
The fifth is to secretly collude and leak the pre-tender estimate. In the process of bidding, the formulation of pre-tender estimate is the key factor to determine the winning bidder, so the confidentiality of pre-tender estimate is very important. However, in practice, because the intermediary agencies that prepare the pre-tender estimate deal with the bidding enterprises all the year round, their interests overlap, and the supervision is not in place, which leads to the leakage of the pre-tender estimate from time to time, which seriously affects the fair competition of the bidders.
Sixth, subcontracting projects to obtain profits. After winning the bid, individual bidding enterprises subcontract the project directly or illegally to other construction units, and collect management fees from them, but they are not engaged in management and irresponsible for the quality and safety of the project. They focus on winning the bid all the year round and never carry out specific construction. This phenomenon of subcontracting makes some enterprises with insufficient qualifications and no construction experience enter the construction site, laying hidden dangers for the quality and safety of the project.
Seventh, the bidding agency is still not standardized. Due to the late start of the bidding agency business in China, the development of the bidding agency market is not perfect, and some related supporting systems are not perfect, which leads some agencies to lack self-discipline in practical work and step into misunderstanding, and use their special status to help owners choose the winning bidder tenderly.
The main reasons for the problems in engineering construction bidding are as follows:
The first is to abuse power for personal gain. Under the condition of market economy, some leading cadres relax the transformation of world outlook, can't stand the test of power and money, abuse power for personal gain and participate in bidding activities in violation of regulations.
Second, there are too many external intervention factors. In the process of bidding, there are too many external factors to interfere, which makes the bidding activities can not be carried out strictly according to the rules, and weakens the power of laws and regulations to a certain extent. For example, there are some factors that can be artificially regulated. If competitors pose a threat to themselves, other potential bidders will be excluded in the qualification examination or other stages through some abnormal means, which leads to unfairness and injustice in bidding.
Third, the bidding system is still not perfect. The current relevant regulations in the field of tendering and bidding stipulate the whole process of tendering and bidding activities in principle, but they lack mandatory provisions and operability for some details, especially for key links such as pre-qualification and bid evaluation, and there are some factors that can be artificially regulated.
Fourth, follow-up supervision is not in place. At present, there is a common phenomenon in bidding management that pays more attention to bidding process management than supervision after winning the bid. With the development of bidding, some new problems have not been followed by corresponding countermeasures, and some problems that could have been found through follow-up inspection, such as borrowing qualifications, illegal subcontracting, unauthorized change of contracts, etc., have not been exposed and corrected in time.
Fifth, the bidding market is not perfect and standardized. The basic functions of the bidding market, such as information service, place service and centralized office service, are not perfect, and the related systems are not perfect, which restrict the bidding market from playing its role in curbing corruption.
The main countermeasures to solve the problem (1) Strengthen the education of employees and build a bottom line for resisting corruption and preventing change.
In engineering construction, how to resist the temptation of interests and curb corruption is the most fundamental thing to solve people's ideological problems and eradicate the root of corruption.
The first is to strengthen the education of market players. By combining centralized and decentralized learning, we will strengthen the education on the theme of bidding activities such as tenderers, bidding agencies, bidders, bid evaluation experts and supervision and management personnel. It can deeply analyze the evolution process of corruption, identify the links that are prone to corruption, and truly touch the role of thought and soul, so as to enhance the ability of honesty and self-discipline, resisting corruption and preventing change.
The second is to strengthen the education of employees. Strengthen the education of professional ethics and industry self-discipline for bidding practitioners, guide employees to voluntarily sign industry self-discipline conventions, and consciously resist dishonesty, violations and illegal acts. Actively promote the employment qualification system, employees must undergo training, pass the examination and obtain employment qualification certificates before they can engage in bidding, and those who have obtained employment qualifications should be updated with knowledge and continue education.
(B) improve the relevant systems and enhance operability.
In view of the current situation that the bidding supervision laws and regulations are still not perfect, we should further speed up the formulation and revision of bidding-related systems, enhance the operability of bidding-related systems, and plug loopholes in laws and regulations. Establish a supervision system for the owner's behavior, and severely investigate and deal with behaviors such as bidding without bidding and dismembering the project. Depending on the seriousness of the case, no construction permit will be issued or new projects will be allowed. Establish market access and clearing system.
By strengthening the annual inspection of enterprises and the registration of professional and technical personnel's professional qualifications, enterprises and professional and technical personnel who fail to meet the prescribed requirements and commit illegal acts will be resolutely downgraded or cleared out of the construction market according to law. Improve the access system, blacklist enterprises and personnel with false qualifications, illegal affiliation, illegal subcontracting and other bad behaviors in bidding activities, so that these enterprises or personnel are restricted in market access, so as to increase the cost of illegal activities and strengthen access management by economic means.
(3) Strengthen supervision and implement effective supervision.
Give full play to the macro functions of bidding management institutions, and effectively strengthen the supervision of bidding procedures and processes. In view of the weak links in the bidding management process, strengthen supervision, plug loopholes, investigate and deal with illegal acts including unfair competition in bidding activities according to law, prevent tenderers from setting up and deviating from the principles of fairness, openness and justice, investigate and deal with all kinds of illegal acts in time, and ensure the bidding work is carried out according to law. Strengthen the filing system of bidding, implement the system of written report of bidding, the system of publicity of bidding results, and the system of invitation and approval of bidding. Based on creating a level playing field, we should strengthen law enforcement and supervision, strengthen the administrative accountability system, and severely crack down on illegal activities in bidding. For the problems existing in all aspects of bidding, the disciplinary and legal responsibilities of the parties shall be investigated according to discipline and law, and the standardized operation of bidding activities shall be ensured by strong law enforcement supervision.
(D) Pay attention to follow-up supervision and strengthen post-bid management.
First, establish and improve the mutual linkage mechanism between the construction market and management institutions such as bidding, qualification and qualification, project cost, quality and safety supervision, strengthen the supervision and management of contract performance, promptly discover and severely investigate and deal with illegal acts such as arbitrarily changing project managers, subcontracting, illegal subcontracting, arbitrarily changing contracts, and unreasonably increasing contract prices after winning the bid, so as to promote the full implementation of the contract. Strengthen the supervision of the follow-up work of the project and the final settlement of the project, so as to prevent the phenomenon of cutting corners, practicing fraud and lowering the quality standard and safety level of the project that may occur due to winning the bid at a low price. The second is to establish a project contract risk management system and establish a market restraint mechanism through economic means. Draw lessons from advanced experience, implement risk management measures such as project guarantee and insurance, and establish and improve the risk management system of owner's project payment guarantee, contractor's performance guarantee and low-price winning bid guarantee, and migrant workers' salary payment guarantee.