工程招投标中围标问题的制度模型与治理

Management Institutional Model and Governance for Bid Rigging of Project Tendering

为了有效抑制工程招投标领域的围标现象,规范建筑市场经济秩序,促进招投标活动依法有序进行,以制度工程学为基础建立了行为管理制度模型,分析了围标的制度参考原理,从行为管理制度的角度分析了围标的成因。运用制度工程学数学模型证明了增强观测力度,加大惩罚力度等措施对有效遏制围标有重大作用。并从运用吹哨人制度、量化围标人的惩罚标准和建立独立的第三方监督机构等方面,提出了治理围标的应对措施。

To regulate the construction market economic order and to promote the bidding activities in accordance with the law and in an orderly manner, construction projects bidding collusion, this paper has done some studies in order to prevent bid rigging of projects tender institution combing with the research achievements of foreign and domestic. First, behavior management institution model that used in this paper is on the basis of system engineering. The system theory of bidding rigging is analyzed by the model. And the reason of bidding rigging is analyzed from the perspective of Behavior management institution. Then it is proved that enhancing observable efforts and enhancing punishable efforts are really effective to curbing collusions with mathematical model. The countermeasures for the prevention of projects bidding collusion were proposed from three aspects： applying the Whistleblower Protection Act, quantifying the punishment for bid rigging and establishing an independent third supervision institution.