Analysis And Research On The Substantial Response Of Construction Project Bidding Under The Current Legal System In China

In China's"Tendering and Bidding Law",Article 27 requires that the bidding documents must respond substantively to the bidding documents.The original legislative purpose is to ensure that the bidders compete fairly under the same conditions,and finally the bidders are preferred.Trading partners.On the surface,this is a clause that restricts and requires bidders.However,in practice,this clause is very likely to become the"shield"for the bidder to expand its rights indefinitely.Only by further analyzing and studying the interpretation of"substantial response"and clarifying the boundaries of power can the tenderer's power be locked into the cage,and the rent-seeking space in the bidding activities can be narrowed,so that the commercial bribery of the construction industry can be sourced.Once it is contained,the construction market can truly achieve fairness,justice and openness.On the basis of literature review and jurisprudence research,this paper combines data statistics to summarize and demonstrate the problems encountered in practice,the background of the status quo,the root causes of the problems,and solutions.Through data statistics and problem inductive analysis,it is concluded that the reason for the"substantial response"being maliciously exploited is mainly because the definition and scope of the"substantive response"are unclear,the attribution of the interpretation is unknown,and the definition of the deviation is unclear.Then,the interpretation of"substantial response"is further refined for these three reasons.The content refinement is mainly from the perspective of theory and practice.The theoretical perspective is mainly based on the comparison of the relevant provisions of the"substantial response"of different laws under the current legal system in China.The practical point of view is mainly from the characteristics of the project itself and the"substantive response"proposed by the bidder according to his own needs.Starting from the directional sector,combined with the three main factors of project management itself,quality control,schedule control,and cost control further analyze the"substantial response".The article also studies the arbitrary use of interpretation rights and malicious deviations in the"substantial response"under the current legal system in China,and analyzes its manifestations,the impact on bidders and the adverse consequences thereof.The bidder has the right to interpret the"substantial response" in the bidding case and is responsible for the result of the bid evaluation.Finally,through the case analysis of the abuse of the veto power in practice,from the perspective of the administrative supervision institution,it puts forward suggestions and opinions on the strange phenomenon that China's bidding results are manipulated due to the"substantial response"under the current legal system.