The Identification And Responsibility Of Construction Project Bid-Rigging

The bidding system is a way of making contract, which is a kind of public competition, it has been gradually developed into an international convention and widely used in the engineering construction field. However, bid-rigging is a common illegal activity in the current engineering bidding activities. The illegal behavior seriously disrupted healthy operation of the bidding system, it undermined the market economic rules of free competition, this is not beneficial to optimize resource distribution, bid-rigging will damage the legitimate rights and interests of tenderee and other bidders, it is a kind of harmful behavior.First of all, this paper will begin with the damage of construction project bid-rigging, the paper indicates that the causes of bid-rigging include the incomplete laws and regulations, the unreasonable qualifications, the concealment of collusive acts and so on. Secondly, this paper analyzes the nature of construction project bid-rigging and the constitutive requirements of construction project bid-rigging from the subject, collusive behavior, subjective intent and the fact of damages. Thirdly, this paper states the identification of construction project bid-rigging in practice, bid-rigging generally includes the bid-rigging of bidders and bid-rigging of tenderee and bidders. The two kind of behaviors are complex in practice, for the former determination, we judge the behavior from the bidders negotiate the material substance about bidding document, the relationship between bidders and making bidding document, etc. for the latter determination, whether the subject have a substantial relation before the opening and evaluation. Finally, this paper elaborates the legal consequence of collusive parties from the responsibility of the contracting fault and damaging compensation.