Influence Of The Collusion Of The Representative Of The Bid Inviting Party On The Result Of Bid Evaluation Research And Legal Amendment Suggestions

With the rapid development of my country’s construction industry,the legal system in the construction field has been gradually improved in the past few decades.However,there are still some problems in the practical application of these laws,regulations and normative texts.Among them,in the field of bidding,although a number of laws and regulations have been promulgated,there are still some imperceptible loopholes in practice.Article 37 of the "Law on Tendering and Bidding" stipulates that "...the number of members of the bid evaluation committee shall be an odd number of five or more,and it shall be composed of representatives of the tenderee and experts in the fields of technology and economy.Experts shall not be less than two-thirds of the total number of members",that is,the number of representatives of the tenderee shall not be higher than one-third of the total number of the bid evaluation committee.When there are more than two representatives of the tenderee,it is likely that a bid evaluation alliance will be formed between the representatives of the tenderee under the influence of various factors.Although this kind of coalition collusion may not change the bid evaluation results,it brings challenges to the principle of fairness and justice.According to the collusion phenomenon formed between the representatives of the tenderees,this paper studies the influence of the bid evaluation results under the circumstances of different numbers of persons.This article first combines the practice of bid evaluation and summarizes the problems and causes in the bidding work.Using the calculation principle of the Sharpley value and the Banzaf power index ratio,the paper systematically analyzes the eight members of the bid evaluation committee with less than 20 members.This situation.According to Article 37 of the Tendering and Bidding Law,the number of members of different bid evaluation committees corresponds to the number of representatives of different tenderers.When the bid evaluation alliance is formed by conspiring to form a bid evaluation alliance,the influence on the bid evaluation results is also different.The power index ratios were 20.00%,33.33%,45.45%,35.13%,45.45%,55.88%,46.90%,56.62%.It can be seen that when the number of people gradually increases,its influence on the bid evaluation results increases in a zigzag manner.In order to restrain the influence of collusion among the representatives of the tenderees,this article selects two evaluation criteria as the basis.I think that using the legal provisions as the judgment criteria is more in line with the original intention of Article 37 of the Tendering and Bidding Law,but the arithmetic average value can be used as a reference The basis for wide consideration,and accordingly,make recommendations for the amendment of relevant laws.