How to strengthen the late management of bidding projects

Many supervision departments often only pay attention to the supervision of bidding activities in the early stage, but ignore the supervision of contract performance, acceptance and payment in the later stage, which leaves room for the "black-box operation" in the later stage after the winning bid is determined, mainly in three aspects: First, enterprises cut corners, illegally subcontract, shoddy, shoddy, wage arrears, delay the construction period and so on. Second, enterprises and purchasing units collude to make major engineering changes, "winning the bid at a low price and settling at a high price"; Third, the purchasing unit maliciously defaulted on the project payment. These bad behaviors have seriously damaged the interests of the state and society, disrupted the order of the market economy and bred corruption. The regulatory authorities should attach great importance to this, otherwise the "sunshine behavior" in the early stage will inevitably be replaced by the "black-box operation" in the later stage. The main reasons for the "black-box operation" in the late stage of bidding management are: the current scoring standard needs to be optimized, and winning the bid at a low price increases the risk of default. As an international scoring method, winning the bid at a reasonable low price has been widely used. Although the "Government Procurement Law" and the "Bidding Law" require that the bidding price of bidders shall not be lower than the cost price; However, it is difficult to quantify whether the tender offer is reasonable or lower than the cost in the actual operation process, which provides a living space for low-priced competitive enterprises. Due to the low barriers to entry in some industries, the huge number of enterprises in the industry, the imperfect industry management system and the intensified vicious competition among enterprises; Many backbone enterprises with good reputation and strong management level, due to the impact of low prices of a large number of small and medium-sized enterprises, in order to win projects and survive, do not hesitate to reduce prices or even lose money, knowing that they are unprofitable. Once an enterprise wins the bid at a price lower than the cost price, it will inevitably try its best to cut corners and collude with the purchasing unit to make major engineering changes for the immediate economic benefits, which will make the bidding lose its real role and harm the national interests and social public interests; At the same time, it brings hidden dangers to the quality of project construction, which is not conducive to the sustainable development of the industry. For example, vicious competition between property companies in underdeveloped areas is typical, which is not conducive to the development, growth, optimization and upgrading of enterprises. The contract management system needs to be improved, and enterprises and procurement units have a weak sense of performance. In the current bidding documents, the contract terms are still dominated by thick lines, lacking a unified and standardized contract text, the rights and obligations of Party A and Party B are unequal and unclear, and the overlord clause is widespread. In the process of contract performance, enterprises are in a relatively "weak position", and their legitimate interests are not protected, which breeds opportunism, cutting corners and other illegal acts; Purchasing units are too "strong", lack of restraint mechanism, breed corruption, and maliciously default on project funds. These not only undermine the normal local market order, but also are not conducive to social stability; At the same time, it also affects the enthusiasm of some high-quality enterprises to participate in bidding, and it is difficult to improve the overall project quality. The supervision needs to be strengthened in the later stage of bidding, and there is a lack of preventive measures against bad behaviors of enterprises and procurement units. At present, many local bidding supervision departments attach great importance to the early supervision of bidding activities, but ignore the supervision and management after winning the bid. On the one hand, the regulatory authorities generally lack manpower and funds, and it is difficult to effectively supervise the late performance process with concentrated contradictions and hidden behaviors; On the other hand, the regulatory authorities do not know enough about the importance of post-event supervision, and even hold the mentality of "hello, I am good, everyone is good" and do not want to "mind their own business", so that the collusion between enterprises and procurement units can take advantage of it. Countermeasures and Suggestions In view of the problems such as contract performance, acceptance and payment that are easy to occur in the later stage of bidding, this paper puts forward the following countermeasures on how to do a good job in the later stage of bidding project management: standardize the malicious low-price bidding behavior and increase the bidding attraction for excellent enterprises. Check the purchasing plan carefully. When making the bidding documents, we must strictly control the procurement plan first, and strictly control the projects with tendentiousness, insufficient funds and incomplete plans, so as not to bring sequelae to the later contract performance. Optimize the scoring criteria. When formulating the grading standards, the grading points should be set reasonably. In addition to price, other contents should fully reflect the guiding role of industry development, and encourage independent innovation, scientific and technological progress and industrial upgrading of enterprises. It is necessary to give full play to the advantages of key enterprises with good qualifications, good reputation, strong strength and standardized management. Establish a quantitative standard below the cost price. It is suggested that the government price department jointly with the industry department or entrust a qualified institution to identify the average cost of enterprises in the industry and its decline and publish it regularly. Let the unfair competition behavior of bidding below the cost price have quantitative standards and operability. Improve the contract management system and strengthen the supervision of contract performance responsibility. Formulate a model contract text. The formulation of the contract text must comply with relevant laws and regulations, and the content must be comprehensive, standardized and detailed. It is necessary to clarify the project content, project change, visa, concealed project acceptance, completion acceptance, price payment, rights and obligations of both parties, violations, legal responsibilities and dispute resolution. If necessary, senior lawyers can be hired to check the customs, and model texts of standards and norms can be formulated in combination with local conditions, so as to ensure that there is evidence to be documented and an agreement to follow in the process of contract performance and reduce unnecessary negotiations and contract disputes. Strengthen the awareness of performance of procurement units and establish the credibility of the government. The alteration, acceptance, settlement and payment of the project shall be carried out in strict accordance with the contract. If the procurement unit breaches the contract, it shall bear relevant responsibilities and penalties in accordance with the contract, earnestly safeguard the legitimate rights and interests of the winning bidder and maintain the good order of the bidding market. Establish a rescue mechanism for contract performance. Provide necessary help and relief to the party whose interests are damaged due to the performance of the contract, and earnestly help it safeguard its legitimate rights and interests; At the same time, the enterprise and the procurement unit respectively assess the performance of the contract and publish it regularly to promote the integrity construction in the bidding field. Establish an acceptance management system, strengthen post-project supervision, and establish a "contract performance reporting center". Standardize the acceptance management system. General project acceptance requires the procurement unit to organize the supervision department, financial department and audit department to participate, sign and confirm, and clarify the responsibilities. For the acceptance of key projects or complex projects, the procurement unit must invite quality inspection institutions or relevant experts with relevant qualifications to participate in the acceptance, and form written reports such as daily acceptance records, stage acceptance records and comprehensive acceptance reports, sign for confirmation, and clarify responsibilities. Establish a "contract performance reporting center". Dynamically supervise suppliers and procurement units' non-performance of contract provisions during the project implementation, and set up a "reporting center" to accept extensive supervision from the society. It is suggested that the regulatory authorities conduct dynamic supervision on general projects, conduct random checks from time to time, provide follow-up services for major projects, and supervise the whole process. Establish a joint law enforcement mechanism for post-project management and increase penalties. It is suggested that the municipal supervision bureau, the financial department, the auditing department and other law enforcement departments jointly formulate the management system for the late bid, strengthen the supervision of the performance of enterprises and procurement units and investigate and deal with violations, impose penalties in strict accordance with regulations, and expose typical cases.