Regulating Bid-rigging In Construction Bidding

On the third Plenary Session of the 11th CPC Central Committee,it put forward the policy of reform and opening up and the market economy system for the first time.Since then,The bidding system develop rapidly in our country.Construction field as a breakthrough in the implementation of the bidding system,the State Council has carried out tests on some of the construction projects which are suitable for contracting by the way of bidding,Successful test results are obtained.Since then,it has been actively promoting the bidding system in the whole country.In order to regulate the bidding behavior,since January 1,2000,our country formally implemented the "Bidding Law",and began to implement the"Regulations on the implementation of the tender and Bidding Law" since February 1,2012.Since then,the bidding system of our country has been standardized.However,with the implementation of the bidding law,illegal means some opportunistic also appears,bid rigging is the most typical.Bid rigging refers to the action of the bidder in order to win the bid and to cheat the winning bid by improper means.The bidding system is to ensure the engineering quality,better management of construction projects and the establishment of the market,but the emergence of collusive bidding,the tenderee can not really choose the contractor,to guarantee the engineering quality,build a so-called beandregs.Collusion bid not only against the interests of the buyer,the most important is to undermine the fair competition in the construction market mechanism,contrary to the original intention of the establishment of the bidding system.This article from the nature of the collusion bidding of the bidding risk analysis in project bidding process,summarizes the reasons for its multiple,draw lessons from abroad,combined with China's national conditions,the proposed regulation collusion in bidding suggestions from different aspects.The structure of this paper is as follows:The first part is the introduction,which introduces the research background,the significance of the study and the current situation of domestic and foreign research.The second part is a summary of project bidding and bid rigging.This part first analyzes the characteristics and significance of the project bidding,and then introduces the concept,classification and nature of the bid rigging.The third part of the bid rigging project bidding are analyzed in detail,firstly summed up three kinds of collusive Bidding forms,followed by analysis of the harm of bid rigging,finally summarized the legal reasons of collusive bidding multiple.Including the loopholes in the relevant legislative provisions,the lack of a unified regulatory bodies and less stringent legal liability for collusive bidding and the existence of loopholes in the rules of tender procedures.The fourth part combined with the international experience of dealing with the bidding behavior,summed up the enlightenment to our country.The first part introduces the Organisation for Economic Co-operation and Development(OECD),Japan and the United States regulations of collusive bidding measures,to regulate the experience of their collusion tender,summed up the following points to our country:the independence of the regulatory authorities,big penalties to collusion behavior,forgiving system consummation.In the fifth part,analysis how to strengthen the regulation of the bidding behavior in the bidding process.Firstly,we should coordinate the "anti-monopoly law","anti-unfair competition law","bidding and tendering law" and "regulations on the implementation of the tender and Bidding Law" for the implementation of the dispersion law specifies an authoritative regulatory and legal responsibility to properly increase the bid rigging.Secondly,the author puts forward the measures to strengthen the sanctions in the anti unfair competition law,and how to stipulate the leniency policy in the anti monopoly law.Finally,this paper puts forward two suggestions for the improvement of the qualification examination system and the use of the lowest price bidding method.