| As a result of the bidding process transactions with the procurement process standardization, trade practices and the rule of law to rationalize the allocation of resources notable feature, so that the tender to acquire sufficient market information, it greatly reduce the degree of information asymmetry, which can effectively prevent the counterparty to use its information superiority to mislead, fraud, to the maximum extent to ensure the fairness of the transaction.Construction bidding is essentially a competition mechanism will be the introduction of the trading process and is conducive to the rational use of construction funds, and to ensure the quality of construction projects. Because of China's open tender projects are mostly of a financial investment, therefore, the success or failure of supervision of the tender is not only related to the project investment, the progress and quality of effective control and management, but also directly relates to the anti-corruption and governance of the effectiveness of commercial bribery.Bidding legal system construction project in China in general has gone through three stages: (1) the reform and opening up the exploration phase (before 1979): tender to you the basic standard-based, engineering, trading activities are relatively decentralized, with no fixed place can not fully reflect the competitive mechanism; (2) reform and opening up of the initial stage (1979 -1985 years): unveiled a number of laws and regulations, tender has been marked mainly from proposed changes to the invitation to tender mainly; (3) the rapid development phase (1985-present): To establish a "Tendering" at the core of the construction project Tendering legal framework for the formal establishment of an open tender exercise mainly as a supplement to invite tenders for the construction project bidding system. First, China's current financial investment field of construction project bidding the main problems(A) The existing tender mode difficult to achieve savings of funds and the purpose of merit. First of all, the building owners without financial resources to save the original impulse. China's financial administration and management of investment projects means too much, too much focus on the rights of the Government, as owners, not clear, not the real subjects of interest, there is no price impulses. Second, the merit must be qualified to review the construction program as well as assessing the achievement of such links, but, because of the liberalization of the construction market, the company's performance from other provinces is often difficult to identify the authenticity. In addition, laws and regulations on pre-qualification and evaluation of key aspects of the provisions have been rough, there are many factors that can artificially control, the links are often the building owners and the tender agent used as a potential bidder to exclude other means.(B) the main construction market is not yet ripe. First of all, some of the principal owners is not entirely legal, can not afford should assume the responsibility and obligation; some owners enjoy the contractor of the executive power to intervene, the lack of equality, consultation, exchange of unequal values, equality, the relationship between trade ; the existing building management system to allow property owners in the selection of contractors often subject to various interventions. Secondly, some non-qualified contractors funded enterprises with a means for the competition, Cheng Forwarders soil; some qualification to undertake projects beyond the mandate or the layers of subcontractors; some non-qualified enterprises linked to take soil-way approach. Finally, the agency's own quality, scope of business, the lack of independence and impartiality, in-service professional and technical backbone fewer retirees more employment overall, did not meet the high intelligence-intensive and good standard of service.(C) the existence of the bidding process improper conduct tender. Main problems: First, deliberately shorten the registration time; Second, pre-qualification conditions set too high or in the prequalification documents and tender documents to set the terms of preference to the intention of bidders and the successful pre-qualified to achieve the purpose of the successful bidder; three is tender and the bidders bid-rigging, the exclusion of other successful bidders.(D) the existence of some industries is not clear the issue of tender functions. Under the current division of duties and the bidding process for the emergence of illegal activities of supervision and law enforcement, respectively, by the relevant administrative departments in charge and the admissibility of the tender and other interested persons complaints. As the industry department in charge of subordinate enterprises with tangible and specific tender market management agencies inextricably linked and it would be difficult to exercise effective oversight. Both the departments concerned of the industry to manage the bidding activities, and bidding on specific activities of supervision, and some even bidding for the concrete implementation activities, and there is no checks and balances mechanism, is both "athlete" is a "referee" This system has given birth to a variety of corrupt bidding.Second, Panyu District, the implementation of the tendering system reform.(A) the context of the reformPanyu District, Guangzhou City, as a municipal districts, engineering, agriculture, commercial development of the Pearl River Delta region has been the "land of fish and rice." At present, the Panyu District, Guangzhou has been positioned as a "Southern Extension" the powerhouse, Guangzhou University City, Guangzhou New Railway Station, the Asian Games Village and other large-scale government projects have been set up in Panyu, Panyu is facing a new round of development opportunities. However, due to the existence of the physical construction market and the enormous benefits of our tendering system for construction projects are imperfect, the second half of 2007, in Panyu district works fill the project tendering process has taken place in collusion with the owners and the implementation of bidders Wai beacons, string the subject of the incident. In order to change this situation, the Panyu District Construction Bureau and Supervision Bureau organized the physical construction market in-depth analysis based on the research and decided to implement a bidding system, to curb increasingly rampant acts Wai subscript subscript string.(B) the content of the reform1, To reform the existing tender procedures. Reform focus: First, the "keep" secret information to ensure that the bidders in the tendering process does not leak. Through the use of online registration, bidders at the scene to organize spot survey, online Q & A and other measures to ensure that the bidder information confidential in the pre-opening state, so that people with ulterior motives have lost the subject of the implementation of the objectives Wai subscript string. The second is the "waste" privileges, the owners go ahead and tender agent privileges to manipulate the bidding process. By simplifying the tender conditions and post-qualification procedures, making the building owners as well as invitations to the agents can not exert undue influence the tendering process so as to avoid in the past in which the owners and the tender agent, pre-qualified potential bidders exclusion situation. The third is the "legislature" integrity. Eligible for trial advocacy since the adoption of market integrity. Reform shows that after the reform of the tendering process for the fight against Wai string subscript subscript, saving financial resources, saving the cost of tendering, bidding to improve the efficiency of a clear role. However, bidders should be avoided in order to obtain a result of the successful tender offer at below cost situation.2, An open tender to choose an agency. Panyu District, the individual requirements of the construction contract estimates of 100 million yuan investment in the tender agent 50 million of financial investment construction projects must be in Panyu District, the building's website published the tender to choose Deputy bulletin, widely accepted enrollment, qualified in the eligibility review the tender agent, using random selection methods摇珠agency tender. The reform has broken the tender agent industry regional blockades, reducing the tender agent and the subject of the possibility of the owner string to ensure that the choice of a fair and just, but because of the tender agent by the random way, tender quality of agency services or not affect the next whether they can be granted engineering Deputy tasks, the direct result of the tender decline in the quality of agency services. Can consider the establishment of an agency tender candidate database, and allow exclusion of individual tenders were invited agencies to participate in the election.3, standardize financial investment tender for minor works. Of 50 million yuan (50 million) less than one million yuan in small construction projects required to implement an open tender; 10 million yuan (10 million) less than 500,000 yuan minor construction works, collective discussion by the construction units can be choose to implement an open tender or auction tender invitation; 10 million small-scale construction projects, from building units in more than three qualified construction unit or the use of Inquiry selected construction contractors. This provision takes into account the economic development of Panyu District, the actual, not only ensuring the fairness and efficiency, but also embodies the normative and the combination of flexibility. However, in order to avoid delays in construction bids led to affect the progress of the projects could be considered permit 100 million or less of water, fire and other special professional engineering approved the use of invitation to tender after the tender.(C) The idea of further reform1, Further improve the management system of government investment projects. Panyu District, set up the infrastructure investment management office, responsible for district-level financial investment and municipal public housing construction project bidding, construction, and the implementation of Construction Agent System and "turnkey" project. But this generation is clearly not completely built model. In view of this, one can consider the government investment projects will be divided into non-operating items and operating the project, for non-operating items should set up a special management body to manage the operation of government investment projects still insists that the project legal person responsibility system. Second, investment diversification, using a variety of ways such as BOT, will attract private capital to the government investment projects.2, Further integration of the tender to manage the resources. Bidding in the process of supervision and law enforcement, in accordance with the existing division of responsibilities, respectively, by the relevant administrative departments in charge. However, the above decentralized management model, it is difficult to achieve the true sense of control. Proposed bidding market regulation separated from government departments so that state organs and no affiliation with sufficient independence. Long-term may consider the establishment of a central and local levels, regulatory agencies bidding; recent tender at all levels could be considered management duties of the office building commissioned by the acceptance of the management of housing construction and public works tender exercise for the supervision of all projects to expand to invite tenders.3, to further strengthen the tendering procedures for the legislative work. As the bidding legislation has significantly lagged behind the economic development, can not meet the needs of economic development, it is necessary to speed up the bidding for the enactment of other laws and regulations. |
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