Research On The Guarantee System Of "The Lowest Price Bidding Method" In The Field Of Construction Engineering

The "lowest price bidding method" refers to a type of bid evaluation method used in China's bidding activities,represented by the "reviewed lowest bid price method",with the bid price as the only competitive factor.In practice,the "lowest price bidding method" has been improperly used,which has negative impacts on the quality of the project,disrupting the order of competition,and breeding corruption.Because the "low-price winning bids " violations are mostly found in projects that use "lowest price bidding method",and a few media reports on low-quality and low-price projects,rendering "low-price winning bids" triggered.Problems such as low-quality projects are blamed on the "lowest price bidding method",which has caused misunderstandings in the public that there is a direct causal relationship between the "lowest price bidding method" and the "low-price winning bids".For this reason,some scholars in the field of construction engineering and the legal profession once called for the abolition of the "lowest price bidding method".However,the "lowest price bidding method",as a widely used bid evaluation method in tendering and bidding practice,is a neutral bid evaluation method.There is no difference between good and bad,and it does not necessarily lead to "low-price winning bids" and other problems.The "lowest price bidding method" has been tested in China's bidding and bidding activities for nearly 40 years.Compared with other methods such as the "comprehensive bid evaluation method",it has played an irreplaceable function in the bidding practice.Therefore,the "lowest price bidding method",as a bid evaluation method that best meets the original intention of bidding,should be retained,but it also needs to have a comprehensive and applicable guarantee system to clear the obstacles for its maximum effectiveness.In addition to the introduction and conclusion,the main body of the thesis consists of three parts.The first part-an overview of the "lowest price bidding method".The content of this part firstly sorts out the "lowest bid bidding method" and related concepts,and analyzes the "reviewed lowest bid price method","lowest bid evaluation price method","lowest price bidding method"," low-price winning bids","Cost" and other concepts,pointed out that in order to adapt to social habits and research convenience,this article uses the "lowest price bidding method" as the research object,and the "lowest price bidding method" is defined as represent of "reviewed lowest bid price method",with the bid price as the only competitive factor.Secondly,the historical evolution of the "lowest price bidding method" was elaborated,and it was clarified that the "lowest price bidding method" was essentially the first sealed auction,and through combing its evolution,it has become a universally applicable evaluation in the bidding business.Finally,the positive effect of the "lowest price bidding method" is analyzed,pointed out that it has a positive impact on saving investment,stimulating competition,regulating the market,and conforming to international rules.The second part-the shortcomings of the application of the guarantee system of the "lowest price bidding method" in the field of construction engineering.This part mainly analyzes the legal reasons,legal relationships and legal consequences of illegal acts of "low bid winning",and points out that the root cause of the problem of "low bid winning" is not the "lowest price bidding method",but the "lowest price bidding method " in the bidding and tendering activities due to the deficiency of the applicable guarantee system.By systematically combing the application of the "lowest price bidding method" in the practice of bidding and tendering,you will find that this method of bid evaluation has many defects in the application of the guarantee system.Regarding the rights and responsibility system for the tenderer,as the initiator of the tender and the bearer of the tender results,lacks legal regulations on the behavior of setting unreasonable price controls on the tenderer,and also lacks the legal provisions that give the tenderer the right to review after bidding.On the issue of the legal responsibility of the bidder's "low-price winning bids";the lack of legal consequences of the civil and administrative responsibilities of the bidder's "low-price winning bids" and the imperfection of the current performance bond system triggered the "low-price winning bids".In the bid evaluation expert system,there are problems such as insufficient protection of the bid evaluation experts' rights and interests and lack of responsibility mechanisms.In the bidding and bidding supervision and balance system,there are deficiencies such as slow update of the publicity system and serious lack of publicity content.The third part-the improvement of the applicable guarantee system for the "lowest price bidding method" in the field of construction engineering.This part mainly discusses how to clarify the many obstacles that the "lowest price bidding method" applies in bidding activities from the legal system level.In order to solve the series of problems caused by the "low-price winning bids" in the bidding and bidding activities,the system value of the "lowest price bidding method" in the bidding and bidding activities needs to be effectively played.Regarding the rights and responsibility system for the tenderer,the responsibility of the tenderer for the bidding control price and the post-tender review link are clarified.On the level of the bidder's power and responsibility system,set civil administrative responsibility for the bidder 's "low-price winning bids" is included to curb the bidder 's "low-price winning bids".Clarify the powers and responsibilities of the bid evaluation experts and improve the current bid evaluation system.In terms of social supervision,a big data informatization platform is used to build a social supervision system that is transparent and publicized throughout the process.Through the systematic improvement of the applicable guarantee system of the "lowest price bidding method",the "lowest price bidding method" is put back on the right track so that it can play the greatest role in promoting the high-quality economic development of the bidding business and optimizing the business environment utility.