From the current stage, there are still various problems in the process of bidding for construction projects. In order to enhance everyone's understanding, the editor has sorted out the existing problems and countermeasures in the construction bidding of construction projects. If you are interested, take a look!
1. Existing problems
1. There is room for flexibility in the existing regulatory system
At present, the regulations based on bidding for construction projects are mainly the "Tendering Law", "Construction Law" and relevant ministerial orders and local regulations (hereinafter referred to as "Tendering Regulations" ). Some provisions of the "Tendering and Bidding Law" leave flexibility to owners or agencies. For example, Article 12 gives project owners (either by themselves or entrusting agencies) the power to handle bidding matters. Article 18, paragraph 2, Article 20 stipulates that there shall be no discrimination against bidders, Article 40 stipulates that the bid evaluation committee shall review and compare bid documents, etc. To a certain extent, the grasp of these terms places higher moral constraints on the parties than legal constraints.
2. The characteristics of construction products facilitate the use of "operation" carriers
Theoretically speaking, construction projects are futures commodities, and the expected characteristics of commodity quality cause demanders to be dissatisfied with the quality of the commodity. Concerned about certainty, commodity demanders (tenderers) are more concerned about the credit, performance and credibility of commodity producers (bidders). In reality, when project legal entities are represented by layers of agents, the characteristics of construction commodities provide agents with a good excuse for “rent-seeking”. Although general construction products (mainly referring to design changes) have low technical content, due to the large number of projects in a contract contract, project implementation and settlement have a certain degree of flexibility, and project cost control and accounting processing are relatively flexible, there is a "black problem". "Profit" space, this space provides the material basis for "black-box operations" in engineering project bidding.
3. It is difficult for the administrative departments to supervise the bidding work
From a regulatory perspective, the administrative departments currently mainly rely on the "Tendering and Bidding Law", "Construction Law" and relevant ministerial orders and local regulations to supervise the bidding work, but there is a lack of implementation details in actual work. In particular, the discriminatory provisions stipulated in the law are difficult to grasp, resulting in excessive administrative discretion, making it easy for offside and absenteeism, and also providing opportunities for the tenderer (tendering agent) to "operate in the dark".
2. Countermeasures
1. Correct loopholes and conflicts in laws and regulations. Our country is in a period of transformation and transition in the construction of the legal system. Some laws and regulations require a process of formulation, implementation, improvement, and revision. However, from the perspective of improving the quality of bidding supervision, the pace of regulatory construction should be accelerated, and some issues should be resolved as early as possible, so as to ensure the normal development of bidding activities and promote the continuous improvement of the quality of bidding work.
2. Strengthen the publicity and education of construction bidding laws and regulations for engineering construction projects, and strengthen the legal awareness of leaders and staff related to construction bidding for engineering construction projects.
3. Establish a regular disclosure system for inspection and processing results. The standardized management of the construction market must always adhere to the principles that laws must be followed, law enforcement must be strict, and violations must be punished, intensify law enforcement, insist on constant inspection and supervision, severely crack down on violations of laws and disciplines, strengthen punishment measures, and regulate in accordance with the law trading behavior. The bidding and bidding government supervision departments should exchange information with planning, land, planning, industry and commerce, disciplinary inspection, quality supervision, safety and other departments, operate collaboratively, perform their respective duties, and jointly maintain the operating mechanism of fair competition in the construction market.
4. Do a good job in pre-qualification and post-qualification of construction companies. Regarding the current situation of relatively serious qualifications of affiliated enterprises, we should start with the management of qualifications and improve the management of the qualifications of construction enterprises. We can consider modifying the relevant qualification management and annual qualification review regulations and increase the penalties for allowing affiliations. The only way to Only when construction companies feel the pressure can they truly prevent and stop the behavior of corporate qualifications.
5. Increase the monitoring of the construction bidding process of engineering construction projects and give full play to the supervisory role of all sectors of society. In the supervision of all sectors of society, the news media has greater influence. The news media industry must be actively encouraged to pay more attention to the construction industry. The supervisory role of the masses must also be actively encouraged. For individuals and units that provide information, relevant departments must keep confidentiality Measures must be taken well and certain material rewards should be given appropriately.
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