What behaviors belong to collusive bidding, and how to correctly determine collusive bidding

What constitutes collusive bidding?

Legal analysis: (1) Several bidders belong to the same parent company or a parent company and several subsidiaries to which he belongs all participate in the bidding; (2) The same person carries the information of two or more enterprises to participate in the bidding registration; (3) At the same time, the winning bidder will transfer the same amount of money in the name of "collaboration fee" or "coordination fee" to several relevant bidders; (4) The bidder pays the bid deposit in the transfer voucher found that the payment unit on the transfer voucher of several bidders is the same as the name of one of the bidders, and it is the same bank; (5) The authorized principals of different bidders belong to the same unit (the same unit pays social insurance); (F) the tenderer (tenderer) organization bidders collusive bidding or tenderers (tender) for the bidder to produce bidding materials; (7) The tenderer (tenderer) and the bidder or the bidder agree to compensate other bidders who have not won the bid; (8) After winning the bid, the result of the bid is waived without a legitimate reason; (9) Other acts of collusive bidding determined in accordance with law.

Legal basis: Article 223 of the Criminal Law of the People's Republic of China bidders collude with each other to bid **, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.

If the bidder and the tenderer collude in bidding, harming the legitimate interests of the state, the collective and the citizens, they shall be punished in accordance with the provisions of the preceding paragraph.

Legal Analysis:1Collusive bidding between bidders refers to conclusive evidence that directly indicates that bidders are colluding in bidding.

2.It is regarded as bidders colluding in bidding through some phenomena that it is obvious that the bidders who have lost the bidding are colluding in bidding.

Legal basis: Article 223 of the Criminal Law of the People's Republic of China Bidders collude with each other in bidding, harming the interests of the tenderer or its bidders and other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.

If the bidder and the tenderer collude in bidding, harming the legitimate interests of the state, the collective and the citizens, they shall be punished in accordance with the provisions of the preceding paragraph.

The determination of collusive bidding is as follows:

1. The bidder belongs to a parent company or several subsidiaries;

2. The same person carries the information of two or more enterprises to participate in the bidding;

3. At the same time, the winning bidder will transfer money to several relevant bidders in the name of "collaboration fee";

4. The authorized principals of different bidders belong to the same unit;

5. The tenderer organizes the bidders to collude in bidding or the tenderer makes bidding materials for the bidders.

Article 39 of the Regulations for the Implementation of the Tendering and Bidding Law.

In any of the following circumstances, it is a collusive bidding between bidders:

A) the bidders negotiate the substantive content of the bidding documents such as bidding;

2) The bidders agree on the winning bidder;

3) The bidders agree that some bidders give up the bid or win the bid;

4) Bidders who belong to the same group, the Association of Companions, the Chamber of Commerce and other organizations are members of the bidding in accordance with the requirements of the organization;

5) Other joint actions taken between bidders to seek to win the bid or exclude specific bidders.

The circumstances of collusive bidding are:

1. The tenderer opens the bidding documents before the bid opening and discloses the relevant information to other bidders;

2. The tenderer directly or indirectly discloses the information of the bid bottom and the members of the bid evaluation committee to the bidder;

3. The tenderer explicitly or implicitly indicates that the bidder lowers or raises the bid;

4. The tenderer instructs the bidder to withdraw and modify the bidding documents;

5. The tenderer explicitly or implicitly provides convenience for a specific bidder to win the bid;

6. Other collusive behaviors taken by the tenderer and the bidder to quietly seek a specific bidder to win the bid. Bidders shall not bid below the cost, nor shall they bid in the name of others or in other ways to deceive and win the bid. Before the deadline for submitting bidding documents required by the bidding documents, the bidder may supplement, modify or withdraw the submitted bidding documents and notify the tenderer in writing.

The content of supplements and modifications is an integral part of the bidding documents. According to the actual situation of the project specified in the bidding documents, if the bidder intends to subcontract part of the non-main and non-critical work of the winning project after winning the bid, it shall be specified in the bidding documents.

Legal basisArticle 32 of the Tendering and Bidding Law of the People's Republic of China.

Bidders shall not collude with each other in bidding, and shall not crowd out the fair competition of other bidders, and damage the legitimate rights and interests of tenderers or other bidders.

Bidders shall not collude with the tenderer to bid and damage the national interest, social public interest or the legitimate rights and interests of others.

Bidders are prohibited from seeking to win the bid by offering bribes to the tenderer or members of the bid evaluation committee.