On The Legal Regulation Of Abnormally Low Bidding In Government Procurement

In recent years,with the continuous expansion of China’s government procurement scale,the contradictions in the procurement process have gradually increased,including the problem of abnormally low tenders in government procurement.In the process of government procurement,the price factor always occupies a pivotal position,and some tenders just seize this point,and try their best to lower their own quotation in the tenders process,even at the expense of 1 point or even the quotation from 0 yuan to obtain the tender-winning qualification.The abnormally low tenders in government procurement will cause many problems,such as damaging the legitimate rights and interests of other tenders,the risk of contract performance,and destroying the market order of government procurement.However,the existing laws and regulations regulating abnormally low tenders in government procurement in China are not perfect,and there are many problems in dealing with abnormally low tenders in government procurement in practice.Therefore,this paper chooses to study and analyze the legal regulation of abnormally low tenders in government procurement.This paper is divided into five parts:The first part is the introduction.This part briefly introduces the research background and significance of this paper,combs the research status of scholars at home and abroad,and lists the research methods and framework of this paper.The second part is an overview of abnormally low tenders in government procurement.In this part,on the basis of analyzing the explanations of different concepts,the abnormally low tenders in government procurement discussed in this paper is defined as "the bidding provided by bidders is obviously lower than the quotations of other bidders or lower than their cost price when conducting government procurement through tenders." And its basic characteristics are briefly analyzed.Thirdly,this paper analyzes the reasons and possible hazards of abnormally low tenders in government procurement,and analyzes the reasons from the different positions of the purchaser and the tender,and concludes that the possible hazards include the following aspects,such as destroying the market competition order,affecting the quality of procurement projects,and increasing social instability factors.Finally,the significance of legal regulation on abnormally low tenders in government procurement is clarified,such as maintaining fair competition order in government procurement market,ensuring the rational use of national financial funds and ensuring the quality of government procurement projects.The third part analyzes the current situation of the legal regulation of abnormally low tenders in government procurement in China.This part first lists the existing laws and regulations related to abnormally low tenders in government procurement and analyzes them.Secondly,through the two cases of "Neusoft Complaint Case" and "Tencent 0 yuan Winning Bid Event",this paper introduces the cases of abnormally low tenders in government procurement and their handling in practice;Finally,the main problems in legislation and practice of regulating abnormally low tenders in government procurement are summarized,and it is found that the concept of abnormally low tenders in government procurement in existing legislation is still unclear,there is conflict between laws and regulations,and the standard for determining abnormally low tenders in government procurement is vague,which leads to the difficulty in determining abnormally low tenders in government procurement in practice and inconsistent treatment of abnormally low tenders in government procurement.The fourth part is the extraterritorial provisions of the legal regulation of abnormally low tenders in government procurement.In this part,firstly,the legal provisions regulating abnormally low tenders in government procurement in GPA of WTO,Public Procurement Directive of EU and Procurement Guide of abnormally low tenders of Asian Development Bank are discussed.Then,it analyzes the regulations on abnormally low tenders in government procurement in the legislation of two GPA members(Britain and Chinese Taiwan).Finally,when analyzing the above regulations,it is found that they have certain enlightenment to improve the legal regulation of abnormally low tenders in government procurement in China,including that abnormally low tenders should be decided by the purchaser,determined by comprehensive factors,and the supplier of abnormally low tenders in government procurement should provide performance bond.The fifth part is the suggestion to improve the legal regulation of abnormally low tenders in government procurement.This part mainly aims at the problems mentioned in the third part,draws lessons from the overseas legislative experience learned in the fourth part,and puts forward that the concept and identification standard of abnormally low tenders in government procurement should be clarified.For example,abnormally low tenders in government procurement can be defined as"when government procurement is conducted through tender,the tenders price provided by tenders is obviously lower than that of other tenders who pass the compliance examination";By revising the existing laws and regulations,we should unify the relevant provisions with conflicts,add comprehensive considerations such as whether the supplier has good social character and require the supplier to submit the deposit requirements when tenders at abnormally low prices in government procurement,and strengthen the performance management of the abnormally.low tenders winners and the punishment of malicious and untrustworthy abnormally low tenders winners.It is hoped that these suggestions will help to improve the legal regulation of abnormally low tenders in government procurement in China.The highlights of this paper are as follows:firstly,the regulations of abnormally low tenders in government procurement are widely studied and analyzed;Secondly,combined with practical cases,the main problems in practice caused by imperfect legislation are analyzed;Thirdly,it puts forward some concrete suggestions for improving the definition and standard of abnormally low tenders in government procurement.Of course,there are many shortcomings in this paper,such as the lack of thorough analysis of scholars’ viewpoints,the difficulty in implementing the perfect suggestions mentioned,etc.,but I still hope it can contribute to the development of government procurement in China.