First, some construction units talk about legal awareness and try their best to "avoid" bidding.
Some construction units are always attached to the distribution system in the planned economy era, which can not meet the needs of establishing a legal society. First, it is considered that bidding is time-consuming and laborious, and the procedures are cumbersome and too troublesome. In particular, some image projects and gift-giving projects, in the case of tight time and heavy workload, regard bidding as a fetter affecting the smooth progress of these projects. Second, the pre-application procedures need to pay a certain fee. In the current situation of general shortage of funds for construction projects, evading payment has become the reason for some construction units to evade bidding. Third, the consciousness of building a socialist open market system is not strong, and the ideas of landlord protectionism and small-scale peasant economy are highly respected.
Second, the imperfection of the system and mechanism has affected the healthy development of bidding work.
At present, the bidding work in China is mainly managed by administrative means, and the phenomenon of avoiding bidding is widespread. In addition to the institutional reasons of contractors, the reasons of bidding management mechanism can not be ignored. First, the management laws and regulations system has not been fully established. The Law on Tendering and Bidding is a procedural law, which was advanced when it was formulated, requiring the management department to implement filing management in the bidding work, but the corresponding implementation measures have not been fully promulgated, which has brought difficulties to both bidders and management departments in the bidding implementation. Second, the "open, fair and just" bidding management mechanism needs to be further improved. Because there are many links and complicated procedures in bidding management, whether managers can adjust various management methods and operating procedures in time to adapt to the changes in the situation and strengthen standardized management plays an important role in ensuring the openness, fairness and impartiality of bidding activities.
Undoubtedly, irregularities in management have brought negative effects on the bidding work, and social corruption has also affected the bidding work to varying degrees. Unfair bid evaluation, leakage of pre-tender estimate, false bidding, open bidding and collusive bidding occur from time to time. In particular, China is currently in the transition period of enterprise restructuring, most construction units have not been completely restructured, and private, small-scale and low-level construction enterprises are constantly emerging. Under the abnormal development of enterprise restructuring, in the obscure main construction management process of bidding, the power and money transaction between fake owners and construction units caused the loss of state-owned assets, which affected the reputation of bidding management and the healthy development of bidding cause.
Third, the management is lax and the investigation is ineffective, which leads to the inevitability of bidding.
The lax management is first manifested in the unsatisfactory management system. According to the "Building Law" and relevant national laws and regulations, the construction administrative department at or above the county level is the competent department of local construction projects, and is responsible for the administrative management of a series of links of construction projects, from construction application, planning permission, bidding, quality supervision, construction permission to completion acceptance and filing. However, due to the different institutions in different places, there are many different policies in management, and the system is not smooth, which is easy to lead bidders to avoid bidding. Secondly, it is manifested in the weakness of management power. At present, illegal urban construction projects are generally managed by the urban construction supervision team, which fails to form a joint force to curb the occurrence of bid evasion.
Due to poor inspection, some bidders dare to try their own methods and take risks. In accordance with the provisions of relevant laws and regulations, if the construction unit fails to bid or should bid publicly, it shall be ordered to make corrections and be given economic punishment, and the legal responsibility of the relevant responsible person shall be investigated. However, due to the fact that the benefits obtained by violating the rules outweigh the losses caused by punishment and the interference of local protectionism, it is extremely common to intercede for a specific unit when it is really investigated, which makes it difficult to implement the investigation. On the one hand, the behavior of evading bidding has been repeatedly prohibited; On the other hand, it is difficult to investigate and deal with it. Even if it is investigated, it will only be given economic punishment, which is the money of the state and the collective, and the responsibility of the person directly responsible and the person in charge is not investigated, which makes the behavior of evading bidding spread continuously.
China has successively promulgated and implemented the Construction Law, the Contract Law and the Bidding Law, which indicates that China's engineering construction is gradually moving towards the legal track. At present, China's accession to the WTO is just around the corner. We should renew our ideas, improve the mechanism, improve our internal strength, enhance our strength, and constantly improve the overall level and international competitiveness of China's construction industry.
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