Cases of collusion between tenderers and bidders

Legal analysis: In any of the following circumstances, it belongs to the bidder and the bidder collusive bidding: such as (1) the tenderer opens the bidding documents before the bid opening and discloses the relevant information to other bidders; (B) the tenderer directly or indirectly to the bidder to disclose the bottom of the bid, members of the bid evaluation committee and other information; (C) the tenderer express or implicitly negotiate with the bidder to lower or raise the bid; (4) The tenderer instructs the bidder to withdraw and modify the bidding documents.

Legal basis: "Measures for Bidding and Bidding for the Construction of Engineering Construction Projects of the People's Republic of China" Article 47 The following acts belong to the tenderer and the bidder collusion in bidding: (1) the tenderer opens the bidding documents before the bid is opened, and informs other bidders of the bidding situation, or assists the bidder to withdraw the bidding documents and change the bidding documents; (2) The tenderer discloses the bottom of the bid to the bidder; (3) The tenderer and the bidder agree to lower or raise the bid price when bidding, and then give the bidder or the tenderer additional compensation after winning the bid; (4) The tenderer pre-determines the winning bidder; (5) Other collusive bidding behaviors.

Collusion between bidders and tenderers refers to the behavior of tenderers and specific bidders engaging in private transactions by improper means in bidding and bidding activities, making public bidding and bidding a mere formality, and jointly harming the interests of the state, collectives and citizens (including other bidders). The bidder's collusive bidding behavior with the tenderer is mainly manifested in:

1) The tenderer deliberately leaks the bottom of the bid. That is, the tenderer intends to disclose its bid base behavior to a specific bidder;

2) the tenderer's private bid leakage, that is, the tenderer before the public bid opening, privately open the bidder's bid, and notify the bidder who has not yet submitted the bid;

3) The tenderer deliberately leads someone to win the bid. That is, when the tenderer asks the bidder to clarify the facts on its bid, it deliberately makes leading questions to facilitate the bidder to win the bid;

4) the bidding to implement differential treatment, that is, the bidding in the review, selection of bids, the same tender to implement differential treatment, or different bidders to implement differential treatment;

5) The tenderer deliberately let the unqualified bidder win the bid. That is, the tenderer allows bidders who do not meet the bidding qualifications to participate in the bidding and let them win the bid;

6) The bidder bribes to obtain secrets, that is, the bidder infiltrates the bidder through bribery means, before the public opening of the bid, from the bidder to the state to shout the price or other bidding conditions;

7) the bidder to the tenderer off-bid compensation, that is, the bidder intends to agree with the tenderer to lower the bid price in the public bidding, and then give the tenderer additional compensation after winning the bid;

8) The tenderer will give the bidder an off-bid compensation. That is, the tenderer and a bidder agree that when bidding publicly, the bid price is deliberately raised to make the bid price higher than the usual price, and other bidders will be deceived. **After the bid is awarded, the tenderer will give a certain amount of compensation to the bidder who deliberately raises the bid price as agreed.

This crime is a circumstantial offense, only the circumstances of collusive bidding **, damage to the interests of the tenderer or other bidders can constitute this crime, the circumstances are not serious, even if the implementation of collusive bidding, damage to the interests of the tenderer or other bidders, can not be punished as this crime, the circumstances are serious, mainly refers to the use of despicable means to collude in bidding; Repeatedly carrying out bid-rigging behaviors; causing serious economic losses to the tenderer or other bidders; causing bad repercussions and even international repercussions.

Before the public opening of the bid, the tenderer opens the tender and informs other bidders of the bidding situation, or assists the bidder to withdraw the tender and change the bid; The tenderer leaks the bottom of the bid to the bidder; The bidder and the tenderer agree to lower or raise the bid price when the bidding source is rotten, and then give the bidder or tenderer additional compensation after winning the bid; The tenderer pre-determines the winning bidder, and decides the trade-off when determining the winning bidder; Other collusive bidding and bidding behaviors between tenderers and bidders.

The Tendering and Bidding Law of the People's Republic of China.

Article 25 The bidder is a legal person or other organization that responds to the bidding and participates in the bidding competition.

Where individuals are allowed to participate in the bidding of scientific research projects tendered in accordance with the law, the provisions of this Law on bidders shall apply to the person who misses the bidding.

Article 26 bidders shall have the ability to undertake bidding projects; If the relevant provisions of the state have provisions on the qualifications of bidders or the bidding documents on the qualifications of bidders, the bidders shall have the prescribed qualifications.

Article 27 bidders shall prepare bidding documents in accordance with the requirements of the bidding documents. The bidding documents shall respond to the substantive requirements and conditions put forward in the bidding documents.

If the bidding project belongs to construction, the content of the bidding documents shall include the resume, performance and machinery and equipment to be used to complete the bidding project by the project leader and the main technical personnel.

Article 28 bidders shall be required to submit bidding documents before the deadline for the bidding documents, the bidding documents will be delivered to the bidding place. After receiving the bidding documents, the tenderer shall sign for storage and shall not open. If there are less than three bidders, the tenderer shall re-bid in accordance with this law.

The tender documents delivered after the deadline for submission of bidding documents required in the bidding documents, the tenderer shall refuse to accept them.

Article 29 bidders in the tender documents required to submit the tender documents before the deadline, can be supplemented, modified or withdrawn from the submitted tender documents, and notify the tenderer in writing. The content of supplements and modifications is an integral part of the bidding documents.

Article 30 According to the actual situation of the project specified in the bidding documents, 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.

Article 31 Two or more legal persons or other organizations may form a consortium and jointly bid as a bidder.

According to the relevant provisions of the first month, bidders are prohibited from colluding with each other in bidding.

Regulations for the Implementation of the Tendering and Bidding Law

Article 39 In any of the following circumstances, bidders collude with each other in bidding:

1) Negotiate the substantive content of the bidding documents such as bidding ** between bidders;

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, association, chamber of commerce and other organizations shall bid collaboratively in accordance with the requirements of the organization;

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

1) In any of the following circumstances, it will be determined that bidders collude with each other in bidding:

Negotiate the substantive content of bidding documents such as bidding ** between bidders;

The bidders agree to win the bid;

It is agreed between the bidders that some bidders give up the bid or win the bid;

Bidders who are members of the same group, association, chamber of commerce and other organizations shall bid collaboratively in accordance with the requirements of the organization;

Other joint actions taken between bidders to win the bid or to exclude specific bidders;

The bidding documents of different bidders are prepared by the same unit or individual;

Different bidders entrust the same unit or individual to handle bidding matters;

The project management members specified in the bidding documents of different bidders are the same person;

The bidding documents of different bidders are abnormally consistent or the bidding ** is regularly different;

The bidding documents of different bidders are mixed with each other;

The bidding deposit of different bidders is transferred from the account of the same unit or individual.

(2) In any of the following circumstances, it will be determined that the tenderer and the bidder collude in bidding:

The tenderer opens the bidding documents before the bid is opened and discloses the relevant information to other bidders;

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

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

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

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

Other collusive behaviors taken by the tenderer and the bidder in order to seek a specific bidder to win the bid.

Legal analysis: if the bidders collude with each other or collude with the tenderer to bid, and the bidder seeks to win the bid by offering bribes to the tenderer or members of the bid evaluation committee, the winning bid shall be invalid, and a fine of between 5 and 10 thousandths of the amount of the winning project shall be imposed, and the person in charge directly responsible for the unit and other directly responsible personnel shall be fined between 5% and 10% of the amount of the fine; where there are unlawful gains, confiscation of the unlawful gains is to be given; if the circumstances are serious, the bidding qualifications for participating in the projects that must be tendered in accordance with the law within one to two years shall be cancelled and the public announcement shall be made, until the business license shall be revoked by the administrative organ for industry and commerce; where a crime is constituted, criminal responsibility is pursued in accordance with law. and where losses are caused to others, they shall be liable for compensation in accordance with law.

Legal basis: "Criminal Law of the People's Republic of China".

Article 223 bidders collude with each other in bidding, 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 fineIf 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

Article 231: Where a unit commits the crimes provided for in Articles 221 to 230 of this Section, the unit shall be fined and the person in charge and other persons directly responsible shall be punished in accordance with the provisions of each article of this Section.