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First, it is necessary to speed up the legislative process and strengthen law enforcement.
1.Intensify propaganda and education, establish an ideological line of defense, and make people unwilling to break the law.
2.Strengthen law enforcement supervision, establish a defense system, and prevent the occurrence of illegal acts.
3.Intensify the crackdown and establish a line of defense against punishment so that people cannot break the law.
Second, give full play to the macro management functions of the bidding management agency.
Article 7 of the Tendering and Bidding Law stipulates: "The parties to the tendering and bidding activities shall accept the supervision implemented in accordance with the law. "One of the main tasks of the supervision and management of bidding and bidding activities is to protect fair competition and strengthen the supervision and management of bidding and bidding activities.
Through the application for the establishment of the construction project, the qualification review of the construction unit, and the supervision of the bid opening and evaluation process, we will give full play to the macro role of the bidding and bidding management agency, standardize the bidding and bidding activities of the project, truly ensure the benefits of the project construction, and put an end to non-standard behaviors.
3. Standardize the bidding procedures.
In the whole bidding process, prequalification and bid evaluation are two links that can effectively prevent unfair competition.
1.Pre-qualification.
At present, prequalification mainly examines whether the legal person or other organization involved in the bidding has the ability to satisfactorily perform the contract. When the tendering unit conducts a qualification review of the bidder, it can also examine the performance, reputation and whether there is an association between the bidders.
2.Bid estimates.
The relevant matters of bid evaluation are stipulated in the bidding documents and strictly implemented. Finally, continuous improvement of bid evaluation methods is also a necessary condition for preventing unfair competition. In order to safeguard the legitimate rights and interests of both parties, the bidding work should be done well, the bid evaluation methods should be reasonably formulated, and the bid evaluation rules should be improved.
In short, while improving the law, it is necessary to strengthen the construction of the law enforcement team and improve the bid evaluation methods and rules in practice. Only by promoting each other can we achieve better results.
ToCheck optimizes the algorithm for bidding and provides text error correction functions to prevent users from discovering suspected plagiarism, plagiarism, collusion and bid-rigging, etc., to help enterprises avoid risks.
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Methods of prevention: 1. Accelerate the progress of legislation, increase law enforcement, and strengthen legal publicity; (1) Intensify the propaganda of early oak and sun education, and establish an ideological line of defense. (2) Strengthen the law enforcement and supervision of the land chain and establish a mechanism of defense.
3) Intensify the crackdown and establish a line of defense for punishment. 2. Give full play to the macro management functions of the bidding and bidding management agency Through the construction project application, the qualification review of the construction unit, and the supervision of the bid opening and evaluation process, the macro functions of the bidding and bidding management agency can be given full play and the project bidding and bidding activities can be standardized, so as to truly ensure the efficiency of the project construction and put an end to unfair competition. 3. Standardize the bidding and bidding procedures, and eliminate the occurrence of collusion in all links.
First, the working principle of project bidding.
1. The bidding work shall follow the principles of openness, fairness, justice, honesty and credibility;
2. The bidding work shall protect the national interests, the public interests and the legitimate rights and interests of the parties involved in the bidding activities;
3. The bidding work shall be carried out in accordance with the law, and no unit or individual shall illegally interfere with the bidding work in any way. The bidding work should be free to accept the supervision and inspection of the provincial and municipal construction project transaction management agencies and the school supervision department.
Second, the bidding conditions and scope, scale, standard determination:
1. The project bidding must meet the conditions stipulated by the state, provinces and cities, and those who do not meet the conditions shall not be bid;
2. Project bidding includes survey and design, construction, material and equipment procurement, construction supervision, etc.;
3, the project bidding should be organized by the city engineering trading center or the school procurement center, to meet the municipal construction project transaction management agency to determine the total price of the bidding, must be in the city engineering trading center bidding; If the total price of the bidding is not met by the municipal construction project transaction management agency, the bidding within the school can be implemented;
4. The bidding method can be based on the actual situation of the project to take public bidding, invitation to bid, etc., and major projects can be entrusted with the qualification of the project bidding to be responsible for the bidding work;
5. All projects that implement public bidding and invitation to bid shall be implemented in accordance with the relevant bidding regulations of the state and the school.
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1) Intensify propaganda and education, establish an ideological line of defense, and make people not want to break the law. It is necessary to vigorously carry out the publicity of bidding and bidding laws and regulations, and educate the staff of both sides of bidding and bidding, intermediary organizations and administrative supervision organs to consciously study the law, consciously use the law, and consciously abide by the law.
2) Intensify law enforcement supervision and establish a mechanism of defense so that people cannot violate the law.
3) Intensify the crackdown and establish a line of defense for punishment so that people dare not break the law. Procuratorial organs at all levels should fully perform their functions and roles in punishing crimes, strive to raise the level of investigation and public prosecution of illegal acts in the bidding and bidding process, and vigorously crack down on unfair competitors in the process of bidding and bidding for construction projects.
4) play the macro management function of the bidding and bidding management agency.
Through the construction project application, the qualification review of the construction unit, and the supervision of the bid opening and evaluation process, we can give full play to the macro functions of the bidding and bidding management agency and standardize the bidding and bidding activities of the project, so as to truly ensure the efficiency of the project construction and put an end to unfair competition.
5) Standardize the bidding and bidding procedures, and eliminate the occurrence of collusion in all links.
The purpose of implementing project bidding and bidding is to ensure fairness, openness and impartiality in market competition. The existence of unfair competition behavior obviously violates this purpose, so it is necessary to have a deep understanding of its manifestations, in the process of implementing bidding and bidding, follow the provisions of laws and regulations, strengthen the function of supervision and management, and at the same time standardize the bidding procedures and establish an effective monitoring mechanism to prevent unfair competition in the bidding and bidding of projects.
1. What are the basic procedures for project bidding?
1. First of all, the tendering unit shall issue a bidding information (which can be a public announcement), explain the construction project to be traded and the transaction conditions, and invite the contractor to submit a bidding plan and bid within the specified time limit;
2. The bidder first obtains the bidding documents, carefully analyzes and studies (on-site inspection), and prepares the bid. The tender is essentially a valid until the date of opening the bid or the preliminary preparation of the group, the content must be very clear, after winning the bid and the tenderer to sign the contract to contain the important content should be all included, and within the validity period shall not withdraw the tender, change the tender ** or make substantial modifications to the content of the tender.
3. Then, the tenderer selects experts to form a bid evaluation committee in accordance with legal procedures, formulates unified bid evaluation rules, analyzes and compares the best bidders and plans of all bidders, and selects the bidder with the most favorable conditions as the winning bidder, signs a contract with it, and implements the construction project in the performance of the contract.
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Improper behavior in the bidding of <> projects is very common, and even every party and every process has improper behavior. So how to prevent improper behavior in project bidding? Let's go together!
1. Speed up the legislative process and increase the intensity of law enforcement.
1.Intensify propaganda and education, establish an ideological line of defense, and make people unwilling to break the law.
2.Strengthen supervision of law enforcement and establish a defense system to prevent violations.
3.Intensify the crackdown and establish a line of defense for punishment, so that people dare not break the law.
Second, give full play to the macro management functions of the bidding and bidding management institutions.
Article 7 of the Tendering and Bidding Law stipulates that "the parties to the tendering and bidding activities shall accept the supervision implemented in accordance with the Travel Law. "One of the main tasks of supervising and managing tendering activities is:
Protect fair competition and strengthen the supervision and management of bidding and bidding activities. Through the application of the construction project, the qualification examination of the construction unit, and the supervision of the bid opening and evaluation process, we can give full play to the macro role of the bidding and bidding management organization and standardize the bidding and bidding activities of the project, so as to truly ensure the efficiency of the project construction and put an end to non-standard behavior.
3. Standardize the bidding procedures.
In the whole bidding process, the two links that can effectively prevent unfair competition are prequalification and bid evaluation.
1.Pre-qualification.
At present, prequalification mainly examines whether the legal person or other organization participating in the bidding has the ability to satisfactorily perform the contract. When the tendering unit conducts a qualification review of the bidder, it can also review the performance, reputation and whether there is a correlation between the bidders.
2.Bid evaluation. In the bidding documents, the relevant training matters of the bid evaluation shall be stipulated and strictly implemented.
Finally, the continuous improvement of bid evaluation methods is also a necessary condition for the prevention of unfair competition. In order to safeguard the legitimate rights and interests of both parties, the target work should be done well, the bid evaluation methods should be reasonably formulated, and the bid evaluation rules should be improved.
In short, while improving the law, it is necessary to strengthen the construction of the law enforcement team and improve the bid evaluation methods and rules in actual operation. Better results can only be achieved by reinforcing each other.
When you find that the other party has transferred property, you must apply for property preservation as soon as possible, please listen to the details of family lawyer Zhao Dongxue.
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