On The Legal Control Of The "Lowest Price Bidding Method" For Construction Projects

The bidding process of foreign construction projects has adopted the lowest bidding method,which has become the practice of the international construction market.With China's accession to the WTO and the deepening of reform and opening up,the lowest price winning bidding method,as a method of bid evaluation commonly used abroad,has also been cited by China.The construction project bidding system has been officially applied in China for more than 30 years.During the period,relevant laws and regulations,departmental rules,local regulations and rules on construction project bidding have been issued,which has promoted the continuous improvement of China's bidding and tendering system.In the project,the contractor was determined to be widely used by the way of bidding,which promoted the integration of China's construction engineering field with the international.After the lowest bidding method was cited by China,it has produced positive effects in combating corruption and promoting clean investment,saving investment,adjusting industry structure,achieving balance between supply and demand,and promoting open,fair and just bidding.But the advancement of any new method requires a process of continuous exploration and practice to be perfected.In the implementation process,the' lowest bidding method inevitably has some problems that need to be solved.For example,the provisions of the 41 bidding law on low-price bidding in China are mainly in the practice of fuzzy definition,low-price bidding,high-price settlement,and review procedures.Lack of problems and inadequate supporting measures.These problems do not mean that we have to completely negate the role of the lowest-price winning bidding method in the field of construction engineering in China,but to seek solutions in combination with the actual situation so that the lowest-price winning bidding method can be better applied in China.In order to solve the problems in practice,it is possible to control both the entity and the program of the bid evaluation method from the lowest price.In terms of entity,the bidding method does not specify whether the lowest price is individual cost or industry cost,but from other relevant laws and the judgment of the Supreme Court in the trial case,it can be concluded that the cost price refers to the individual cost price of the enterprise..Setting the cost price as the individual cost price is conducive to improving the management of the enterprise,improving the competitiveness of the enterprise,and promoting open and effective benign competition in the industry.Therefore,it is recommended to add the word "individual" before the cost price of Article 41 of the bidding law.In terms of procedures,it is helpful to curb the phenomenon of low-price bidding and high-price settlement by increasing the review procedure and improving the procedures for the default of the winning bidder.At the same time,to prevent high-price settlement,it is necessary for the main parties of the project implementation to cooperate with each other.The tenderee is the first responsible person for project implementation.It is necessary to strengthen the preliminary preparation of the project and the follow-up management after the target.The lead parties must strictly follow the engineering change procedures and strengthen the contract supervision.One of the most important reasons for the successful implementation of the lowest-priced winning bid method in foreign countries is that there is a complete set of complementary measures in foreign countries.Therefore,in practice,China can start from strengthening supporting measures.First,establish a pre-qualification system to ensure market access.Prequalification can reduce the number of potential contractors and narrow the scope of potential contractors to contractors who have demonstrated the ability to perform specific quality standards.After pre-qualification,it is possible to exclude potential bidders whose creditworthiness and performance cannot meet the requirements of the tenderer from the bidder,and to prevent the occurrence of contractual risk after the contract is signed to a certain extent.Therefore,China has stipulated that the bid should be won at the lowest price.At the same time as the evaluation method,the prequalification should be specified in the text.Second,the implementation of engineering guarantees in China.By introducing third-party guarantees to change the main participants of the construction project,this will encourage the main participants of the project to strictly perform the contract,and the quality of the project will be protected while protecting the interests of the contractor.More importantly,when implementing the minimum price bidding method,the implementation of engineering guarantees can encourage project participants to perform according to law and guarantee the quality of the project.The lowest bidding method currently has many problems in China's practice,but this method of bid evaluation itself has a strong advantage.With its continuous improvement,it will finally exert the institutional advantages of this evaluation method and promote the construction of China.The engineering industry is in line with internationalization.