How to do a good job in bidding supervision under the new situation

With China's entry into WTO, there are more and more investors in the construction market, such as state-owned funds, state financing, international organizations, foreign government funds and private funds. As the management department of construction project bidding, how to choose the supervision mode suitable for the current market economy and social conditions is a new problem that needs constant research and exploration. In practical work, we believe that as a government supervision department, we should "do something", just like athletes on the field, "neither offside nor absence", which is discussed from three aspects. First of all, let's talk about the outstanding problems existing in the bidding work of construction projects at present: 1, weak legal awareness, and lack of compliance with laws. Since the promulgation and implementation of the Bidding Law, the legal awareness of the whole society has been greatly improved. However, some tenderers and bidders are unwilling to act according to the law in order to win the bid and gain benefits. In the process of law enforcement, when we mention their illegality to the parties, they feel puzzled and have a weak legal consciousness, which leads to various strange phenomena in bidding activities. Before the examination and approval is not approved, the proposed project shall be tendered in advance; Some bidders define the "winning bidder" first, and then prepare the "bidding prequalification document" and "bidding document" according to the conditions and special construction experience of the "bidder" to make false bidding; Some bidders are tendentious, mainly reflected in the owner's inspection score, which guides the expert judges to focus on it; Some bidders evade supervision and do not enter the market, resulting in a fait accompli; Some bidders collude with each other, contain collusion, redistribute interests, and even the winning bidder and bidding price of the project are decided by them first; Some bidding agencies collude with tenderers or bidders to operate projects and make profits from them; Some bid evaluation experts privately contact with bidders, accept benefits, affect the fairness of bid evaluation and other illegal acts. 2. The lack of transparency in bidding leads to more complaints. According to the requirements of the Bidding Law, the tenderee should take necessary measures to ensure that the bid evaluation is conducted in strict confidentiality. The reality is that once the bid evaluation activity is over, the parties will inquire about the situation in the bid evaluation process from the side. It can be said that the content of bid evaluation activities is an open secret. However, the client only extracts what is beneficial to him from what he knows, which makes the bid evaluation activities blurred and still hides half of her face from us behind her guitar. Bid evaluation is a manual evaluation process, which is different from computer scoring. Therefore, bidders often think that this key link is most easily influenced by human factors, which leads to bidders' distrust of the bidding work. This led to a series of complaints. 3. The quality of employees needs to be improved. Since the implementation of the bidding agency system, the agency system has mushroomed. However, the agency system does not require the qualifications of employees such as supervision and cost. The low qualification threshold makes the bidding agency mixed with good and bad, and the industry management is limited, which makes the bidding agency become a professional industry personnel to help unprofessional owners choose the agency with the expected purpose, and makes the illegal behavior put on the cloak of legalization. Since the implementation of "People's Republic of China (PRC) Bidding Law" in 2000, the bidding management agencies in cities all over the country have successively established the expert database of bid evaluation. However, due to the lack of supporting laws and regulations and the corresponding backward management methods of bidding and evaluation, the established expert database of bid evaluation is small in scale, and the professional subjects are basically not divided. The qualification of bid evaluation experts in the warehouse is mainly based on civil engineering technology and budget estimation ability. In view of the single construction bidding and fixed bid evaluation methods at that time, the role of bid evaluation experts was not the main one. With the promulgation of Interim Provisions on Bid Evaluation Committees and Measures and Interim Measures for the Management of Bid Evaluation Experts and Expert Database, the expansion of bidding scope and the implementation of bill of quantities valuation, the role of bid evaluation experts in the bid evaluation process has become more and more prominent, and the demand for bid evaluation in all aspects has increased, which has greatly promoted the development of bid evaluation expert database and experts. At present, the expert database of bid evaluation and the management methods of bid evaluation experts have basically kept pace with the times, but the lag of system construction is increasingly incompatible with the development of the new situation, and the gap with the standardized requirements of bid evaluation management is becoming more and more obvious, which even restricts the fair and just development of bid evaluation and has brought certain negative effects to bidding activities. The new problems need to be standardized and clarified as soon as possible, and it is imperative to study the bid evaluation experts and the management system of bid evaluation experts under the new situation. Second, the reasons for illegal bidding These problems are caused by many factors, both internal and external; Both objective and subjective; There are also loopholes in the policy. There are several aspects in the analysis: 1, policies and regulations are not matched, and management is difficult. There are many departments involved in bidding activities, from the overlapping and conflict of legislative systems to some legal blind spots, such as whether the handling of complaints about bidding activities needs to be reviewed by the original bid evaluation Committee or the re-established bid evaluation Committee, there is no legal basis. Project design, fund-raising, construction, quality supervision, safety supervision, completion acceptance, etc. It involves many functional departments, which are like railway police, and each department is in charge of a section, which brings inconvenience to the work. 2. The transaction of power and money restricts the implementation of laws and regulations. Influenced by the idea that money is paramount, a few people ignore all policies and regulations and use their power to choose the design and construction team at will, resulting in repeated violations of laws and regulations in the construction market and becoming a frequent place for economic cases. 3, lax supervision, poor punishment. Why do these problems often occur? This is directly related to the lack of punishment. With the progress of society, some people's means of obtaining benefits are becoming more and more hidden, which makes it difficult to master and identify evidence and carry out work. Law enforcers are afraid of difficulties and dare not manage and punish them with confidence. But for some people with conclusive evidence, they let themselves go because they are afraid of leadership, trouble and influence, which makes a few people more and more courageous. 4. The bidding work is inefficient. Construction enterprises are not sure whether they can win the bid by participating in the bidding, and think that building a project by winning the bid is full of energy, slow operation procedures and too late time. On the one hand, I participated in bidding, on the other hand, I engaged in private activities, reached an agreement with the owner, and went through the formalities while constructing, which made the progress of the project go up and saved a lot of formalities for the construction unit. Too many projects are occupied, and they are built first and then supplemented, and they are not punished, which makes illegal construction projects appear frequently. Three. Countermeasures taken 1. Distinguish key points and concentrate on bidding supervision. According to the source of funds, bidding supervision institutions should focus on supervising state-owned funds or construction projects with state-owned funds as the main body, establish a service-based pre-bid service system, move forward the supervision barrier, provide strong legal and policy support for state-owned investment projects, and promote management through service. In the future bid opening and evaluation activities, supervision should be strengthened and combined with the control of commercial bribery. For private capital investment projects, extensive management should be implemented, focusing on filing and aiming at fast and efficient, so that the project can be smoothly promoted as soon as possible. We should attach great importance to contract management. As an important system in engineering construction, contract management system often brings a lot of trouble to our work in bidding and construction work, but more and more people realize its importance. As the highest code of conduct of the contractor in the project, all the activities of the contractor are to fulfill the contract, so it can be said that contract management is the core of project management and runs through the whole project. Through contract management, contractors can achieve a series of goals such as project price, cost, quality and time limit for a project, especially some large-scale projects. Only by strengthening contract management can we achieve benefits and better achieve contract objectives. The profit of a project lies in contract management, and the loss lies in contract management. The success of contract management will have a great impact on the project economy. In the market economy, only by strengthening contract management can we gain a foothold in the competition. Facing the fierce competition in the construction market, the conditions of construction contracts are becoming more and more harsh. In the process of project implementation, there are many interference events, great unexpected impact, frequent contract changes and great risks. Contract management is particularly important, and its purpose is more obvious. Only good contract management can reduce risks, make the project smoothly implemented and achieve good benefits. As far as the operation of the construction market is concerned, the contractor's contract management is an important aspect of contract management. The contractor is the main body of the contract and the executor of the contract. Due to the differences of engineering projects, different engineering projects will adopt different contract types, and contract management is extremely complicated and cumbersome. The contractor must have high management level and quality. From the moment he participated in the bidding, he began to manage the contract until all the projects were handed over to the employer. With the contract as the center, all the work of contractor's project implementation and management can be included in the scope of contract management. In engineering construction, with the continuous expansion of the competitive environment, the contract management level of the employer and the contractor must be continuously improved, thus promoting the contract management system to be more standardized, procedural and legal. This can not only effectively promote the healthy and orderly development of the market, but also improve the competitiveness of construction enterprises themselves. 3. Improve and strengthen the management of intermediary institutions. The tendering agency specializes in tendering activities, and has unique conditions in terms of comprehensive information, market information and practical experience. In recent years, the bidding agency has played a very good role in the healthy development of the project contracting market, but there are still some places that need to be further improved. It is also very necessary and timely to strengthen the management of intermediary institutions, which should be started from the following aspects: (1) There is a legal entrustment relationship between the tenderee and the tendering agency, and sometimes the interests of the tenderee are accommodated too much, which is mainly reflected in the imbalance of rights and obligations shown in the prepared bidding documents. Therefore, the entrusted agent should publicize and adhere to the concept of fairness and justice to ensure the legal and balanced operation of the project construction bidding activities. (2) Some bidding agencies have obviously not studied the existing relevant laws and administrative regulations that should be followed in the process of competitive project contracting. Therefore, in terms of personnel composition and knowledge, the bidding agency should choose an intelligent service system with three-dimensional knowledge of technology, economy and law to adapt to the quality service under the premise of legal economy. (3) Further establish standard service specifications. At present, the service scope of some agencies is limited to the issuance of bid-winning notices, ignoring the intelligent service at the effective stage of contract signing. Therefore, it reflects that the substantive contents of some contracts are inconsistent or contradictory with the bidding documents, the winning bidder and the bidding. According to the spirit of the Bidding Law, substantive services should be extended to contracts with legal effect. 4, regular training, the establishment of learning evaluation experts organization bidding management institutions should be included in the annual plan, regularly organize evaluation experts to carry out bidding policy and professional knowledge training. There are three kinds of regular training: (1) basic popularization, that is, comprehensive training on bidding laws, regulations, rules and professional knowledge, management system and professional ethics for newly declared bid evaluation experts, so that new bid evaluation experts can basically master relevant policies and clarify their rights, responsibilities and obligations. (2) continue to learn. After the introduction of the new policy, bid evaluation experts should be organized to study and discuss, so that bid evaluation experts can understand and master the government dynamics in time. (3) Concentrate on learning, and conduct relevant knowledge training according to the shortcomings of some bid evaluation experts in the previous year. In addition, some bid evaluation experts should be urged in writing to strengthen their professional study and improve their professional and technical level. In short, through continuous learning, the comprehensive quality of bid evaluation experts is continuously improved, thus ensuring the quality of bid evaluation. Therefore, it is necessary to carry out administrative supervision over the bidding activities of engineering construction according to law. We must fully incorporate the bidding management into the construction market management system as soon as possible, comprehensively improve the management means and level as soon as possible, ensure the maximum benefit of construction funds as soon as possible, and further promote the healthy and mature development of bidding work in China! Provided by the bidding office