Collusion between bidding units or between bidding units and tendering units to defraud the bid is collusion in bidding, which is a kind of speculation, and its root is the lack of integrity in the field of engineering construction and even the whole society. Due to the integrity of the government, enterprises and the public, all kinds of bad illegal acts are common in engineering construction, and collusion is only one of them.
Cross-bidding is an illegal form that is difficult to find and identify in bidding, so it is difficult to find cross-bidding behavior in bidding.
1. Main forms of stringing
(1) Before the bid opening, the tenderee opens the tender documents, informs other bidders of the specific contents of the tender, reserves the bidders in advance, continuously suppresses other bidders who don't know the truth in the bidding process, and tailors a set of tender documents suitable for them according to the conditions of the default bidders.
(2) The tendering agency is abused, the personnel are uneven, the quality and tendering agency market is the buyer's market, and the tenderee is in a strong position. For the sake of their own economic interests, bidding agencies often bribe tenderers in advance by any means, giving them the temptation of interests, making them collude with themselves to deceive the supervision of government agencies, undermining the norms of the bidding market and doing harm to economic development.
(3) Article 53 of China's Bidding Law stipulates the punishment measures for collusive bidding; The State Administration for Industry and Commerce's Interim Provisions on Prohibiting Collusion in Bidding also stipulates the punishment for collusive bidding. The Criminal Law also contains relevant provisions on the crime of collusive bidding, which provides a legal basis for dealing with collusive bidding. However, due to the perfunctory attitude of some people in government agencies, in the process of supervision, everything is lenient, and most of them are fines, which makes the bidding market inertia collusion and injustice.
2. Harm of chord marks
(1) Cross-tendering harms the legitimate rights and interests of other bidders and breaks the fair, transparent and dynamic economic and social norms that the government has been trying to build. The result of winning the bid is often in the hands of a few enterprises, while potential powerful and creative emerging enterprises are rejected. The market needs to keep pace with the times, and powerful emerging companies should constantly emerge and expand China's economy and society, instead of "monopolizing the door". ?
(2) Most enterprises participating in bidding competition lack credit and strength, and their unpractical psychology has the upper hand. Their bidding documents only pay attention to the price, and there is no response to the subsequent project construction. Most of them are perfunctory, which greatly reduces the safety of many projects and has unstable factors. If it is serious, it will endanger the harmonious development of society.
(3) When there is no pre-tender or compound pre-tender without a small amount of low-price bidding, collusive bidding often leads to the bid price exceeding the normal range, thus increasing the cost of the tenderer, destroying the normal bid market price, confusing its bid market and forming a bad atmosphere.
The following is a brief summary of some phenomena that may be collusion in bidding work.
3. Suspected collusion
3. 1 Sealing of bidding documents?
The sealing of bidding documents is the primary requirement of bidding work, which requires that the bidding documents must be sealed and not opened before the bid opening time.
The sealed form of bidding documents can be used as the basis for judging collusive bidding behavior, except that there is a unified requirement for the sealed form of bidding documents.
In a tender, the bidding documents of two bidders are exactly the same from kraft paper packaging to gluing position and form.
Kraft paper is cut into the same size and folded in the same way. Adhesive tape is a rare yellow narrow double-sided tape, and the pasting position is basically the same. The stacking order of the original and copy of the bidding documents is vice vice vice, which can be guessed by the same person.
3.2 Quotation details?
Bulk equipment bidding and engineering bidding are two kinds of detailed bidding. Due to the heavy workload of bid evaluation, most judges pay attention to the details and ignore the details themselves.
In the process of bidding and evaluating the construction of the bill of quantities, there are twelve pages of itemized quotation details, six bidders and six companies with a total of seventy-two pages of quotation details. In order to avoid the quotation strategy of reducing the unit price of non-key projects and increasing the unit price of key projects, the judges had to check the details carefully. Obviously, this is a huge project.
In the process of checking, it is found that there are some overlaps between the two units. For example, "specifications" or "unit price" or "quantity" are inexplicably bold, and there are only four bold contents, but the positions are the same.
Guess bold may be that a company emphasized some quotations in the process of making quotations, but after the quotation was confirmed, it did not adjust back to its original state, and another company changed its quotation on the basis of this company's quotation.
In view of the above phenomenon, it can be suspected that there is collusion between the two bidding units. Although there is no absolute evidence to prove that they colluded, the tiny evidence is enough to make the judge alert to the two units and avoid collusion.
4. Determine the phenomenon of cross labeling?
Theoretically speaking, the content of the tender documents is the most important part, and the judges will read and evaluate them carefully, but some contents are easily overlooked, that is, numerous company introductions and cumbersome technological processes.
In a bid evaluation process, I picked up the bidding documents of a bidder, and I was not familiar with the company, so I took a look at the company introduction. There are six or seven pages of company introduction in the tender documents, ranging from company history to company slogan. After sitting through three pages, I found the situation.
The company name on the third page is the company name of unit B in this tender. In the quotation, unit A is higher than unit B, so it is suspected that unit B invited unit A to bid in collusion, and unit A only made a simple modification on the basis of the tender documents produced by unit B..
From this discovery, we can conclude that there is collusion between the two units and declare them invalid on the spot. ?
The above situations are typical cases experienced in reality, and most of the loopholes appear in the details of the bidding documents. Collusion in bidding is the result of the black-box operation of the tendering units. It is difficult for other people who are not involved to know the reasons, so they can only feel and explore in reality, pay more attention to the phenomenon of collusive bidding and collusive bidding units, try to avoid the occurrence of collusive bidding in the bidding process and safeguard the interests of the tenderee.