If the bidder colludes with the tenderer in bidding, will it bear the corresponding legal responsibi

If the evidence is conclusive, you can report it to the relevant departments, and they should bear legal responsibility.

In view of the fact that collusive bidding is more harmful to the order of the bidding market, it often causes the loss of state-owned assets at the same time.

Article 41 of the Regulations clarifies six situations of collusion between tenderers and bidders, and increases the punishment for collusive bidding.

Article 41 It is forbidden for tenderers and bidders to collude in bidding.

In any of the following circumstances, it belongs to the bidder and the bidder to collude in bidding:

A) the tenderer before the opening of the bid to open the bidding documents and disclose the relevant information to other bidders;

2) the tenderer directly or indirectly to the bidder to disclose the bottom of the bid, members of the bid evaluation committee and other information;

3) The tenderer expressly or implicitly lowers or raises the bidder;

4) the tenderer instructs the bidder to replace, 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 in order to seek a specific bidder to win the bid.

Those who collude in bidding shall bear the following responsibilities:

1) The winning bid is invalid;

2) If the bidder fails to win the bid, the amount of the fine to the unit shall be calculated in accordance with the proportion of the contract amount of the bidding project in accordance with the provisions of the Bidding and Bidding Law.

3) If the circumstances are serious, the relevant administrative supervision departments shall cancel their bidding qualifications for projects that must be tendered in accordance with the law within 1 to 2 years.

4) If the bidder colludes in bidding within 3 years from the date of expiration of the penalty for collusive bidding, the business license shall be revoked by the administrative authority for industry and commerce.

5) If a crime is constituted, criminal responsibility shall be pursued in accordance with law; If it does not constitute a crime, it shall be punished in accordance with the provisions of Article 53 of the Bidding and Bidding Law.

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.

Article 40 In any of the following circumstances, it shall be deemed that the bidders collude with each other in bidding:

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

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

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

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

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

6) The bid deposits of different bidders are transferred from the accounts of the same unit or individual.

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; 2) 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 replace, 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.

The collusion between the bidder and the tenderer is one of the collusion situations, and the specific penalties are as follows:

According to the Tendering and Bidding Law of the People's Republic of China

Article 32 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.

Article 53 If the bidders collude with each other in bidding or collude with the tenderer, and the bidder seeks to win the bid by offering bribes to the tenderer or the members of the bid evaluation committee, the winning bid shall be invalid, and the bidder shall be fined between 5 and 10 thousandths of the amount of the winning project, and the person in charge of the liquidation delay and other directly responsible personnel who are directly responsible for the unit 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 analysis: In any of the following circumstances, it belongs to the collusion between the tenderer and the bidder: (1) the tenderer opens the bidding documents before the bid opening and leaks the relevant information to other bidders; 2) the tenderer directly or indirectly to the bidder to disclose the bottom of the bid, members of the bid evaluation committee and other information; 3) The tenderer expressly or implicitly lowers or raises the bidder; 4) the tenderer instructs the bidder to replace, 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 bidder and the bidder collusive bidding: (1) Recruit the winning bidder to open the bidding documents before the bid opening, and inform other bidders of the bidding situation, or assist 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 agrees with the bidder 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.

If the bidders collude with each other or collude with the tenderer in the bidding, 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].

Article 53 of the Tendering and Bidding Law of the People's Republic of China, if the bidders collude with each other or collude with the tenderer, 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 not less than 5 per 1000 per 1000 of the amount of the winning project shall be imposed on the person in charge directly responsible for the unit and other directly responsible personnel; where there are illegal gains, confiscate the jujube dust sedan car with illegal gains; 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 to be pursued in accordance with law. and where losses are caused to others, they shall be liable for compensation in accordance with law.