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Analysis of causes and Countermeasures of the collusion bidding suppliers

Author: WangJiuZhou From: www.yourpaper.net Posted: 2010-06-04 11:17:59 Read:
In the government procurement activities, the bid-rigging phenomenon often occur together, string and accompany with suppliers, not only disrupted the government procurement market order, impair the other supplier's legitimate rights and interests, is more important is the impact of openness, fairness, impartiality and honesty of the government procurement environment, encourages corruption, damage the interests of the state and the social public interest.Collusive bidding of various forms of diversity, is inherently unfair competition for the lack of credit, its purpose is to obtain high profits.Because the bid-rigging practices has strong concealment, in addition to the existing laws and regulations are not sound enough, whether the procurement agency or the administration means and relatively limited, in the practical work of bid-rigging investigation, identification and processing have great difficulty.To effectively curb the bid-rigging phenomenon, must build a long-acting mechanism, improve the legal system, effectively from the source to increase the strength of governance.Combined with the author's practical work, on the government procurement suppliers colluded bidding phenomenon, causes and Countermeasures for an analysis.
, while a string and accompany the main manifestations of
"Government procurement law", the government procurement of goods and services bidding procedures ", and (the tendering and Bidding Law" and other laws and regulations of collusive tendering, bidding and accompany the collusive bidding is not defined, nor are what are bidding, colluding and accompany the bid-rigging.And together, string and Accompanying-Bidding means more subtle, unless the strife,, be aware of not easily and grasp the evidence.However, through the traces can still see the collusion bidding behavior.The basic characteristics of bid-rigging is manipulated the tender offer, or by other improper means to exclude or limit other suppliers for fair competition.
Suppliers of bid-rigging mainly: one is the preparation of tender documents content, compiling style similar to, or even from the same template, the error and punctuation mistakes completely consistent.Two is bidding for pulling.Government procurement is generally adopts the comprehensive scoring method, the substantive response to the tender documents and the lowest quotation supplier for benchmark evaluation method to calculate the price, price points.With standard suppliers in order to ensure paternity pillar object bid, deliberately to improve their various itemized quotation and cost estimates.Three is a deliberately invalid bidding or abandon scale.Invalid happen sometimes not the supplier carelessness bid, but deliberate, or the legal representative of the unsigned, or bidding documents number does not match, or offer leak, repeated pricing, only one has made a substantial response.
Procurement units (or procurement agency) mainly with the suppliers of bid-rigging: one is to reveal information.Procurement units (or procurement agency) will be able to affect the information on fair competition (such as access to the tender documents, on-site inspection list of suppliers, as well as in the tender documents did not exhaustive technical and program requirements) revealed to the particular supplier, the bid for unfair competition between operators.Two is the differential treatment.Procurement units (or procurement agency) through the manipulation of the expert review committee in the review of evaluating tender documents, tender suppliers of the same or similar bidding documents of discrimination.Three is the "quantity body tender".To discuss specific bidding supply in the interest of the body cloth, set the technical and business requirements, to the exclusion of other bidding suppliers.Four is the control authority.Procurement units (or procurement agency) deliberately set a qualification in the tender documents (such as manufacturers authorization), only in the interest of the suppliers to get authorization, then manipulated the results.
In general, the general lack of integrity mechanism of procurement activities, all kinds of the collusion Bidding forms, means more and more covert, make people impossible to guard against.The high level of the collusion bidding has been developed to form and the bidding documents can't find any defect, and make the government procurement center is helpless, in many cases only from the logic or representation that is colluding bid and with the absence of evidence, without blame, supplier once arrived Lai, will be difficult to deal with, can only be appointed his anger burned, or wait until the fracture between the supplier when the event, the truth can be compromised colluding fortress.
two, together-conspired bidding, colluding and Accompanying-Bidding causes
Supply of collusion in bidding between business, suppliers and the bid-invitation procurement entity, the fundamental reason is the interests of drivers.Through the collusion bidding "legal" form, for individuals or small groups of interests to the detriment of national and social public interests.The reason of bidding phenomenon to government procurement activities, mainly in the following aspects:
One is the fierce competition.Government procurement is different from other industries and enterprises, government procurement, good credit, payment time, suppliers and government procurement units, easy to communicate, so more and more by the supplier in government procurement activities, participate in the unprecedented enthusiasm, we had a budget of about 1000000 yuan project, to participate in the bidding suppliers have reached 24.The oversupply of a buyer's market, will inevitably lead to fierce competition, the situation of fierce competition to obtain government procurement contracts, the inevitable price competition.
Two is the loopholes in the system to the collusion bidding to an opportunity.("government procurement law" provides that any unit or individual shall not in any way, obstruct or restrict free access by outside suppliers in the region and the industry government procurement market.Also stipulates that the purchaser may according to special requirements of procurement, supplier specific conditions.This system's vulnerability to purchasing units and suppliers colluded bidding to an opportunity.For example, some procurement units often to ensure that procurement project quality and customer service service as specified in the bidding documents, bidding goods must have manufacturers authorized, must have the qualification, registered capital to achieve the number of million yuan, must have what performance etc..The legal and reasonable requirements of these stately, actually hidden Hsuanchi, remove obstacles for the intention of suppliers, pave the way.The shortcomings of the system also "incite" procurement units "beg" supplier involvement with standard.Some of the software, hardware or system upgrade project, in order to maintain consistency of supporting or project, only from the original suppliers, with ("government procurement law" provisions of the single source procurement conditions.A purchasing unit is not too the procurement mode change approval procedures are complex, and not willing to handle the procurement mode change approval; on the other hand, procurement supervision department that approved single source procurement risk, and not willing to approve.In this case, the procurement unit is very happy to pay someone to accompany or instructed the original project supplier to find "support", guarantee the bidding suppliers have three made legal in form.This approach, encourages collusive tendering of it.
Three is the lack of credit.Some judges professional level, occupation ethics, credit demand and government procurement expert of the larger gap, has focused on the use of the supervision and administration departments procurement agency management disjointed phenomenon.In evaluating the signs that experts have the tendency, even obvious turn, procurement center in addition to remind, urged members abide by the occupation morals, in accordance with the requirements of his independent opinions, there can be no as, more can not do the judges.
The four is the legal laws and regulations and the relevant supporting systems are not sound enough.From the existing laws and regulations, in principle, less specific rules; prohibition, supporting multiple penalties; department regulations, the applicable code less.The government procurement law "has been implemented for more than five years, has not yet issued detailed rules for the implementation of.The government procurement law)) and bidding law although the supplier malicious collusion and bidder collusion under the tender should be punished, but not for the event, string and paternity pillar under the definition, define what kind of situation belongs to the collusive tendering, bidding and Accompanying-Bidding, who recognized, how to determine.
three, together-conspired bidding, colluding and Accompanying-Bidding countermeasures
In the bidding activities especially in the area of government procurement bid collusion problem, to the government procurement project sunshine this cast a shadow.To effectively curb the bid-rigging phenomenon, must build a long-acting mechanism, improve the legal system, effectively from the source to increase the strength of governance.
One is to perfect the legal system.The relevant state laws and regulations to deal with collusion, collusion and Accompanying-Bidding proposed standards, who recognized, how to determine, procedure and method that is what should be made clear, and increase the punishment.The evaluation committee should be given the power, there is evidence that belongs to the collusive tendering, and was identified as collusive tendering, bidding and Accompanying-Bidding suppliers, life-long no access system, the relevant departments shall make an announcement in the official media, to deter others.What, is the law shall stipulate clearly the reasonable requirements of procurement units proposed standards at the same time, to give the government procurement center refused to purchase units unreasonable demands power, plug in the procurement documentation stage to the supplier to provide the loopholes.
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