The National Development and Reform Commission has drawn up new regulations： using big data to focus on cracking down on ＂bidding kings＂ and ＂professional households accompanying bidding＂
Recently, the National Development and Reform Commission published "Several Opinions on Strictly Implementing the Bidding Laws and Regulations to Further Standardize the Behavior of Bidding Subjects (Draft for Comment)" (hereinafter referred to as "Draft for Comment"). In view of the problems existing in the current bidding market, especially in the field of engineering construction bidding, such as the lack of the tenderer’s main responsibility, various unreasonable restrictions in the bidding market and the fact that market barriers has not been completely eliminated, the Exposure Draft puts forward relevant measures from the aspects of standardizing the performance management and implementing the supervision and management responsibilities. In particular, the opinion draft puts forward that the bidding administrative supervision department should actively rely on the electronic bidding system and use big data and other technical means to focus on cracking down on illegal acts such as suspected manipulation of bidding or lending qualifications, which lead to an abnormally high winning rate.
Shall not dismember the contract to avoid bidding.
At the end of December 2017, since the revised bidding law was officially promulgated, the overall bidding work in China has been greatly developed in terms of volume and efficiency. However, there are still many problems in the current bidding market, especially in the field of engineering construction bidding. This is manifested in the following aspects: the main responsibility of the tenderee is missing, and all kinds of unreasonable restrictions and market barriers in the bidding market have not been completely eliminated; Avoiding bidding, false bidding, collusive bidding and other illegal situations still exist.
To this end, the "Draft for Comment" will focus on strengthening the regulation of the main behavior of bidding and tendering, and emphasize the implementation of the main responsibility of the tenderer.
The "Draft for Comment" proposes that the bidding autonomy should be implemented in strict accordance with the law and the compulsory bidding system should be strictly implemented. It is not allowed to evade bidding in any form, such as dismembering the contract, breaking it into parts, recruiting small ones and sending large ones, or fictional classified projects, emergency projects, and using patented technology; It is not allowed to engage in false bidding on the grounds of strategic cooperation, investment attraction, etc., such as "open bidding and secret bidding" and "build first and then recruit"; Not through collective decision-making, meeting minutes, reply opinions, memos and other forms will be legally required to tender the project into negotiation, comparison or direct contracting and other non-tendering methods; It is not allowed to illegally adopt invitation bidding for projects that should be open for bidding; It is forbidden to change the bidding procedures at will, and it is forbidden to directly determine potential bidders, winning candidates or winning bidders by drawing lots, shaking numbers and drawing lots.
In order to prevent the problem of "default of the winning bidder" in the bidding process, the Draft for Comment also emphasizes the need to do a good job in reviewing and evaluating the bid evaluation report. The tenderer shall carefully review the written bid evaluation report submitted by the bid evaluation committee, focusing on whether the selection, withdrawal, personnel composition and professional structure of the members of the bid evaluation committee meet the requirements; Whether the bid evaluation committee conducts bid evaluation in accordance with the bid evaluation methods and standards specified in the tender documents; Whether there are random scoring, willful scoring or obvious tendency scoring phenomena such as "human feelings score" and "relationship score"; Whether there is inconsistency in objective index scores or significant difference in subjective index scores; Whether to conduct a detailed review of abnormally low-priced bids or seriously unbalanced quotations; Whether to ask the bidder for clarification, explanation and correction according to law; Whether there is any random rejection of bids.
Focus on monitoring professional households accompanying bids
The bidding market is an important part of the high-standard market system, and the bidding work is of great significance for giving play to the decisive role of the market in allocating resources, improving the quality and efficiency of resource allocation, improving the efficiency of the use of state-owned funds and preventing corruption. To this end, the "Draft for Comment" proposes to resolutely curb illegal bidding behavior and strictly regulate the behavior of bidders.
The "Draft for Comment" stipulates that it is not allowed to lend, borrow or link the qualification bidding; Shall not forge or alter qualifications, qualification certificates or other licenses to defraud the bid; Shall not collude with the tenderee, tendering agency or other bidders in bidding; After winning the bid, the bidder may not give up the bid without justifiable reasons, and the tenderer may not return the bid bond if the bid documents are revoked after the deadline for bidding or the bidder gives up the bid without justifiable reasons.
At the same time, it is necessary to use new technologies to accurately target key regulatory targets. The bidding administrative supervision departments at all levels should actively rely on the electronic bidding system and use big data and other technical means to analyze and judge the local bidding market, focusing on "bidding professionals" who have abnormally low bid winning rate, do not bid for the purpose of winning the bid, and are suspected of colluding with bids, and focus on cracking down on "bidding kings" who are suspected of manipulating bids or lending qualifications and other illegal acts that lead to abnormally high bid winning rate.
In terms of intensifying the crackdown on illegal activities, the "Draft for Comment" requires administrative supervision departments at all levels to implement "zero tolerance" for illegal activities in bidding and tendering; Strict implementation of the administrative punishment decision must be made public within seven working days, and timely pushed to the public resource trading platform, synchronous publicity to the "credit China" website.
The reporter also noted that the "Draft for Comment" intends to squeeze the space of power rent-seeking in the bidding process by promoting the whole process of electronic bidding.
Improve trustworthiness, encourage dishonesty and punish.
In terms of the implementation of supervision and management responsibilities, the Draft for Comment requires that the professional quality of the bidding industry team should be greatly improved, and that tenderers, bidders, bid evaluation experts, bidding agencies and their employees should correctly establish the value concept of fair competition and merit-based, and enhance professional ethics, professional ability and integrity and self-discipline awareness. Accelerate the construction of a market integrity system that combines administrative supervision, social supervision and industry self-discipline, give full play to the role of industry self-discipline mechanism, and promote the integrity and law-abiding of bidding subjects.
At the same time, it is necessary to speed up the construction of credit system in the field of bidding, build a new supervision mechanism based on credit, which runs through the whole life cycle of market participants’ bidding and connects all stages before, during and after, and give full play to the basic role of credit in improving supervision ability and level. Scientifically establish credit evaluation indicators and standards, increase the application of credit evaluation results in bidding evaluation, and further improve the incentive mechanism for bidding and trustworthiness and disciplinary mechanism for dishonesty, so as to provide a strong guarantee for establishing a fair and orderly bidding market and creating a good business environment.
In addition, in terms of strengthening the management of agencies and employees, the Draft for Comment clarifies that bidding administrative supervision departments at all levels should strengthen the dynamic supervision of bidding agencies and employees, take the bidding agency behavior as the main content of the "double random and one open" inspection and bring it into the normal management, impose administrative penalties on behaviors that disrupt the market order, such as bid rigging and bid rigging, and punish them for dishonesty according to law. The investigation results should be announced in time and made public according to regulations, and the evaluation results can be used as a tenderer to choose a bidding agency. Encourage the credit evaluation of bidding agencies and the evaluation of professional technical ability of employees, and improve the service ability of bidding agencies.
Xiong Wenzhao, a professor at the Law School of Minzu University of China, believes that all kinds of violations of laws and regulations in the bidding activities in the engineering field have extremely adverse effects on the bidding work of construction projects. Therefore, it is of great practical significance to strengthen the relevant responsibilities of bidding subjects and strengthen the management of agencies and employees. An important reason for the endless corruption in the bidding field is unclear responsibility and poor supervision. Therefore, it is very effective to urge the responsible units to establish a list of responsibilities, and clearly define the responsibilities from the weak links such as the preparation of bidding documents, contract performance management, post-bid supervision and inspection, and joint punishment for dishonesty. (Reporter Wan Jing)