How to put an end to the phenomenon of collusion and bid rigging in project bidding

To put an end to the phenomenon of collusion and bid-rigging in project bidding, the following measures can be taken:

1.Establish and improve the bidding system and strictly regulate the bidding behavior. This includes improving laws, regulations and policy measures, strengthening supervision, increasing the cost of violations of laws and regulations, and severely punishing illegal acts, so as to effectively curb the occurrence of bid-rigging and collusion to a certain extent.

2.Strengthen the supervision mechanism in the bidding process. This includes establishing a strict supervision system, improving the preparation and review procedures of tender documents, and strengthening the supervision of the tendering process to reduce the chance of collusion.

3.Strengthen the supervision of tenderers, bidders and intermediaries. By increasing the cost of violating the law, it will provide an important guarantee for avoiding bid-rigging and collusion.

4.Improve the transparency and fairness of bid evaluation. For example, in the bid evaluation procedure of the bidding documents, in addition to the vertical compliance review of the bidding documents, the horizontal compliance review of the bidding documents should also be strengthened.

5.Establish a reasonable market access system. On the basis of the current dual access system for the construction market, the qualifications of enterprises will be gradually weakened and the market access system for professional qualifications will be strengthened. At the same time, the construction permit and quality supervision system are strictly implemented.

To put an end to the phenomenon of collusion and bid-rigging in project bidding, it is necessary to work together with all aspects of the enterprise, through the establishment of a sound institutional system, strengthen supervision and punishment, improve the transparency and fairness of bid evaluation, and other measures, effectively protect the legitimate rights and interests of tenderers and bidders, and maintain the normal order of bidding.

Legal analysis: After the act of bid-rigging and collusion meets the requirements of the case filing standard, it is generally punished according to the crime of collusive bidding. According to the relevant laws and regulations of the People's Republic of China, if the crime reaches the level of serious circumstances, the perpetrator is generally given a penalty of up to 3 years imprisonment or short-term detention, and at the same time, a fine or a single fine will be imposed.

Criteria for filing a case for the crime of collusion in bidding with serious circumstances: 1Damage to the legitimate interests of the tenderer, bidder or the state, collective, or citizen, causing direct economic losses of more than 500,000 yuan; 2.

The amount of unlawful gains is 100,000 yuan or more; 3.The amount of the winning project is 2 million yuan to make trouble; 4.Employing illegal means such as threats, deception, or bribery; 5.

Although the above-mentioned amount standards are not met, they have received administrative penalties for collusive bidding for two or more times within two years, and then colluded in bidding; 6.In these provisions, "although the above-mentioned amount standard has not been reached" refers to the amount close to the above-mentioned amount standard and has reached more than 80% of the amount. 7.

Where it is necessary to pursue criminal responsibility for preparatory offenders, attempted offenders, or suspended offenders, a case shall be filed for prosecution. 8.Except as otherwise provided by laws, judicial interpretations, or these Provisions, the standards for filing and prosecuting cases in these Provisions are to be applied to crimes committed by corresponding units.

Legal basis: Article 39 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China prohibits bidders from colluding with each other in bidding. In any of the following circumstances, it is a collusive bidding between bidders:

A) the bidders negotiate the substantive content of the bidding documents such as bidding; (B) the bidders agree on the winning bidder; (3) The bidders agree that some bidders give up the bid or win the bid; (4) Bidders who belong to the same group, association, chamber of commerce and other organizations are members of the same group in accordance with the requirements of the organization to coordinate bidding (5) Other joint actions taken between bidders to seek to win the bid or exclude specific bidders.

Hello, it is determined as follows: Article 77 of the ** Procurement Law of the People's Republic of China ** If a merchant has any of the following circumstances, he shall be investigated for criminal responsibility in accordance with the law: (1) providing false materials to win the bid, and he or she is aware of the payment; (2) Employing improper means to slander or exclude other businessmen; (3) Maliciously colluding with the procurer, other ** disadvantaged business or procurement ** body; (4) Offering bribes or providing other improper benefits to purchasers or procurement agencies; (5) Conducting consultations and negotiations with space-based purchasers in the process of bidding and procurement; (6) Refusing supervision and inspections by relevant departments or providing false information.

**If the business has any of the circumstances in items (1) to (5) of the preceding paragraph, the winning bid and transaction shall be invalid. Article 74 of the Regulations for the Implementation of the Procurement Law of the People's Republic of China is a malicious collusion in any of the following circumstances: (1) the first business directly or indirectly obtains the relevant information of other ** business from the purchaser or the procurement agency and modifies its bidding documents or response documents; (2) The first business shall replace, modify the bidding documents or response documents in accordance with the instructions of the purchaser or the procurement agency; (3) The substantive content of the bidding documents or response documents such as negotiation between business partners, technical solutions, etc.; (4) Participating in procurement activities in accordance with the requirements of the organization, which is a member of the same group, association, chamber of commerce and other organizations; (5) It is agreed in advance that a specific business will win the bid and make a transaction; (6) It is agreed between the merchants that some of the merchants will give up participating in the procurement activities or giving up winning the bid or closing the transaction; (7) Other collusive behaviors between the first merchant and the purchaser or the procurement agency, and between the first merchant and each other, in order to seek a specific ** merchant to win the bid, make a deal or exclude other ** merchants.

1. Improve the transparency of the disclosure of information on bidding and bidding for engineering construction projects.

2. Carefully select the bidding institutions. 、

3. Improve supervision.

4. There are 2 3 experts in the bid evaluation experts who determine that there is collusion and can be re-tendered, and the original business is exempted from talking once, and those who participate in two quitting and exempting conversations will be blacklisted, and they will not participate in the bidding round.

5. Before the bid evaluation, grasp the wholesale or factory ** of the bidding goods, and if there is a deviation from the scrapped bid determined by experts.

6. If one person who colludes with the bidder comes up with real evidence to expose the other bidders who have participated in the bidding, the bidder will be severely fined, and the whistleblower will be rewarded and confidential

<> bid-rigging and collusion are a common and stubborn disease in project bidding activities, and such violations of laws and regulations not only seriously infringe on the legitimate rights and interests of other bidders, interfere with the competitive order of the bidding industry, but also promote the spread of corruption. So let's get to know what bid-rigging and bid-rigging are with the bidding network, and see how to avoid bid-rigging and bid-rigging.

1. Definition of bid-rigging collusion.

a) Bid-rigging. The term "bid-rigging" refers to the mutual agreement between bidders to bid through cheating in the bidding process, crowding out bidders who have not participated in the agreement, and finally making the agreed winning bidder win the bid, so as to seek relevant agreed interests. The initiator is generally called the bid-rigging person, and other persons who agree to seek benefits are called the bidder.

2) Collusion. Collusion includes collusion between bidders and tenderers, between bidders and bidding agencies, and collusion between two or more travel bidders through agreed acts (not reaching the level of bid-rigging).

2. How to avoid bid-rigging and collusion in bidding.

1) Improve supporting laws and regulations to prevent the occurrence of collusion and bid-rigging from the source. On the basis of in-depth research, we should come up with quantitative indicators and try not to be ambiguous. In the current situation, the punishment measures may be more severe, so that the cost of the collusion's behavior is much higher than its risk and benefit.

It is also necessary to establish a public announcement system so that the untrustworthy have nothing to hide.

2) Set up special clauses from the bidding documents to clearly state the most reasonable maximum price, and the calculation of the maximum price should be scientific and reasonable.

3) Implement a reasonable low price method for bid evaluation. The core of collusion is the winning price, and the most direct way to prevent collusion should be to win the bid at a reasonable low price. The evaluation of bids by the reasonable low price method is an international practice, and the state is currently vigorously promoting it, and the actual effect is also very significant.

It grasps the essence of bidding, greatly simplifies the principle of bidding, and saves construction funds. The reasonable low price method bid evaluation will not make the bidder ignore the design of the bidding plan because of the principle of priority, and precisely because it is the lowest price to win the bid, the bidder will work harder on the bidding document and do everything possible to optimize the construction plan, so as to achieve the purpose of winning the bid at a low price, high-quality construction and achieving reasonable profits.

4) Strictly collect and withdraw the bid deposit, and give full play to the role of the deposit. When collecting and returning the security deposit, the payment unit and the refund unit of the deposit shall be consistent with the qualifications of the transaction entity, and the names of the payment unit and the refund unit shall be the same; The deposit shall be paid by bank transfer, but if the payment unit is a natural person or the amount of the deposit is less than 10,000 yuan, cash may be used. The implementation of these measures has played an important role in preventing and curbing the occurrence of "affiliation", "bid-rigging" and "collusion" in bidding activities.

To sum up, for the illegal behavior of bid-rigging and collusion, because it is mainly produced horizontally among bidders, the difficulty of governance is small, as long as the tenderer, the supervision and management department, and the bidding agency set an example, strictly formulate the bidding documents, widely disclose the bidding announcement, and reasonably formulate the bid evaluation method, the possibility of bid-rigging and collusion can be greatly reduced.

The first is to increase supervision and punishment. Jianchun Nianli departmental supervision and social supervision of the "joint defense" mechanism, by the relevant industry authorities jointly supervised, the formation of a joint regulatory force, clear bidding, collusive bidding, bidding behavior identification basis and methods, so that the investigation to the end, so that those collusive bidding, bidding behavior of the illegal behavior to pay a high price, increase the cost of violations, clean up the construction market, with high-pressure means from the source to eliminate improper Hu Senbo collusive bidding, bidding behavior. At the same time, the construction administrative department shall punish the illegal enterprises, and regularly report to the society and record them in the enterprise reputation file.

The second is to strengthen the supervision of the bid evaluation process. In strict accordance with the provisions of the "Bidding and Bidding Law", a bid evaluation committee shall be established to supervise the strict performance of relevant rights and obligations by the members of the bid evaluation committee, and the results of each bid evaluation shall be quantified and recorded in the personal credit file. If it is found that the bid evaluation committee does not perform its duties, it shall also be recorded in its credit file.

According to the changes in the personal credit file, confirm the replacement or supplement of the bid evaluation experts, and ensure that the bid evaluation experts perform their duties independently, impartially and responsibly. Qualified areas can make automatic audio and video recordings of all bid evaluation processes for review.

Grasp the source and expand the adequacy of competition. Pay attention to supervision, and establish a "joint defense" mechanism for departmental supervision and social supervision. Master the technology, strict bidding procedures, and improve the level of bidding management.

Grasp integrity, build a bidding integrity system, and create a positive atmosphere for honest bidding. Grasp the responsibility and implement the lifelong responsibility system of the person in charge of the bidding.

1) Use big data methods to identify and analyze bidding and collusive bidding behaviors.

Establish a duplicate check system for bidding documents. It is stipulated that more than 30 consecutive identical words are defined as duplicate words, and the repetition rate is calculated by using big data methods. The repetition rate of the bidding documents of the same Ponzi company shall not exceed 20%.

In the bid evaluation stage, the system will display the repetition rate of the bidder's bidding documents, and remind the judges to verify whether the bidder has bid-rigging or collusion.

Establish a bidder integrity database at the head office level. Provincial subsidiaries or professional companies regularly (e.g., monthly) report on untrustworthy bidding behaviors discovered during the implementation of bidding. If a bidder doesn't commit, it's going to be limited at every turn.

2) Strengthen cooperation with third-party authorities to achieve resource sharing.

Actively explore cooperation with third-party authorities in basic information sharing, and avoid the problem of insufficient or asymmetric information through technical means. Solve key problems such as the inability to share and exchange basic information, and the disconnection between business processes and applications. With the help of the relationship between the tenderer, the bidder, the judges, and the bidding agency provided by the third-party authoritative agency, verify whether the parties involved in the bidding activity have bidding or bidding invitations.

ToCheck optimizes the algorithm for bidding documents and provides text error correction functions, which does not let go of clues, and finds suspected plagiarism, plagiarism, collusion and bid-rigging for users, helping enterprises avoid risks.

It depends on the specific situation, but collusive bidding should be handled by the public security organs. If the amount of the winning bid is more than 2 million yuan, or the profit is more than 100,000 yuan, or the direct economic loss is more than 500,000 yuan, or the administrative punishment for collusive bidding has been more than 2 times before, or by coercion and other illegal means, and other statutory circumstances, it is suspected of the crime of collusive bidding and has criminal responsibility. In addition to the above, there is a collusive bidding back, which is subject to administrative penalties.

However, collusive bidding is usually accompanied by other illegal crimes, so the final result can only be determined according to the leakage of the entire case.

Article 223 of the Criminal Law of the People's Republic of China Bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine. If the bidder and the tenderer collude in bidding, harming the interests of the state, the collective and the citizens, they shall be punished in accordance with the provisions of the preceding paragraph.