Blockbuster! Blacklist malicious low-priced winners will be included in engineering construction

The tenderer shall be responsible for the quality of a project subject to tender for life, will intensify the punishments for malicious low-cost bidder, and included in the engineering construction field blacklist, banned its within a certain fixed number of year to participate in government investment project bidding activity.

This is he lifeng, director of the national development and reform commission on June 24 in the product quality law enforcement inspection reports of the NPC standing committee transmitte asking to review and project.

"Some companies than the quality of the products, low prices than those who only. Countries to ensure product quality and strict bidding formulated a series of laws and regulations, but in the product purchase and sale, regardless of the cost, the neglect of quality, only speak low price can win the questions remain, whether the relevant departments in the implementation of laws and regulations exist in the mechanism and the system is not perfect, execution and supervision is not in place of the problem?" The financial committee of the National People s Congress committee member wang li question at the meeting, he asked the object is the national development and reform commission (NDRC).

Aiming at the problem of "low bid", he lifeng, director of the national development and reform commission (NDRC) reply. Reflect all aspects of product procurement, he says, the phenomenon of low-price bid, actually refers to the bid evaluation when using "through the review of the lowest bid price method". This is an important evaluation method in China, the tendering, and determine the winning bidder on international practice.

Current tendering and bidding relevant laws and regulations, for "by the review of the lowest bid price method" there is a clear provisions shall be applicable. First, the bid evaluation method is generally applicable to the general technical and performance standards or the tenderer for its technology, performance, no special requirements of the project subject to tender. Second, the bidder must satisfy the substantive requirements of the tender documents. And the bid price shall not be lower than the cost.

As a result, "after the review of the lowest bid price method" is not only the price, more is not equal to accept and encourage is lower than the cost of the bid. But in practice, the evaluation methods are often abuse and wrong use, resulting in a series of problems. After some enterprises is lower than the cost price bidding, the bid by cutting corners to reduce costs, leaving a lot of hidden trouble to construction safety, construction quality, also cause a series of problems such as the contract dispute.

He lifeng in March this year "cable door" events of xi an as an example. Okay, he said, the price far below the actual cost of the cable, in order to recover the cost of using inferior optical cable. But the main reason for these problems lies in the fact that the tenderer is not strictly implement the relevant provisions of the bid evaluation method.

Said he lifeng, tendering article 41 provides two kinds of evaluation method, which is "by the review of the lowest bid price method" and "comprehensive evaluation method. And the comprehensive evaluation method need to make a comprehensive evaluation indicators of bidders, subjectivity, exist larger free space. Some government departments and state-owned enterprises in the face of challenge, complaints, inspection, auditing, it is often difficult to explain why the winning bidder is better than other bidders, but where and so on.

"In order to avoid risk, no matter what the type of procurement projects are" one size fits all "adopted" by the review of the lowest bid price method ", and in the evaluation of the simple price as the determinant standard, ignoring the law "to meet the substantial requirements of tender documents" condition."

He lifeng believe that relevant departments for the bid price is below the reasonable cost, neither to calculate, also does not require the bidder for clarification. And through low price winning bidders income is far greater than he had to bear the risk. On the one hand, low after the winning bidders, some through fraud and deception, jerry to reduce cost; Via design changes such as a variety of reasons, request the tenderer retroactive contract, additional investments; Some even to extend the time limit for a project, high claims, to the so-called "uncompleted project", forcing the tenderer to heel, and gets his interests. But at present our country has not establish perfect contract and credit evaluation system, credit information is not fully Shared in time, "a penalty, is to" mechanism is still not fully formed.

The winning bidder after the illegal dishonest ACTS, will not therefore be clear to the market, the illegal cost is too low, lead to some of the winning bidder based on his interests at the illegal operation. Regardless of what kind of bid evaluation methods, is at a low price bidding, in the performance of the contract, the possibility of winning bidder is shoddy, so the key is to strengthen quality supervision. If the tenderer in and examine strictly the quality pass, the bidder is not will not to sacrifice quality to seek low price wins the bid. On the other hand, the lack of effective supervision, product quality of the project, result in some enterprises, especially malicious low bid enterprises exist fluky psychology.

So what, how to regulate the bidding field and how to punish malicious low-cost bidder?

He lifeng the prescriptions.

The next step will be strictly in accordance with the law "after the review of the lowest bid price method" the scope of application. For abuse and inappropriate use of "through the review of the lowest bid price method" problem, further clarify and strengthen the use of all kinds of evaluation method.

"After the review of the lowest bid price method" shall only apply to technology, performance standards, specific projects or the purchase of equipment, and the winning bidder must conform to the substantive conditions prescribed by the tender documents. There is no standard in general procurement project, the lessee shall adopt the "comprehensive evaluation method. Improper for a tenderer who adopts the bid evaluation method, the potential bidders or any other interested party has the right to dissent;

For bidders to offer may be lower than the cost, the tenderer shall, according to the tendering regulations on the implementation of the provisions of article 52 start clarification procedure, demands of the bidder written instructions, and provide the relevant proof materials. The bidder can t reasonable instructions or can t provide relevant documents, shall reject the bid.

He lifeng also puts forward a suggestion, that is to change the tendering, the implementation of the whole process of regulation. For example, in order to realize the whole process of bidding and tendering information disclosure, the contract fulfill into the category of administrative supervision and social supervision. In addition to the implementation of project legal person responsibility system for life, the tenderer shall be responsible for the quality of a project subject to tender for life.

And, of course, malicious low bid should strengthen the legal responsibility, intensify the punishments for malicious low-cost bidder, and included in the engineering construction field blacklist, banned its within a certain fixed number of year to participate in government investment project bidding activity. And strict quality supervision, should be increased to carry out the responsibility system of product quality for life, clear the winning bidder shall be responsible for product quality. Will produce shoddy products into the list of broken promises, a joint punishment, increase the illegal cost.