Can there be multiple bid rigging and collusion records as a winning candidate?

According to the second article of Article 57 of the bidding regulations, the tendering unit may be required to cancel its bid qualifications, if the bidding supervision unit does not cancel its bid qualifications, the bidding supervision unit can be held administratively responsible, and at the same time file a complaint.

According to the Regulations for the Implementation of the Tendering and Bidding Law, "Article 68 If the bidder bids in the name of another person or otherwise deceives the bid, the winning bid shall be invalid; where a crime is constituted, criminal responsibility is pursued in accordance with law; If it does not constitute a crime, it shall be punished in accordance with the provisions of Article 54 of the Bidding and Bidding Law. If the bidder of the project that must be tendered in accordance with the law does not win the bid, the amount of the fine imposed on the unit shall be calculated in accordance with the proportion stipulated in the bidding and bidding law in accordance with the contract amount of the bidding project.

If the bidder has any of the following acts, it is a serious act as provided for in Article 54 of the Bidding and Bidding Law, and the relevant administrative supervision department shall cancel its bidding qualifications for projects that must be tendered within 1 to 3 years according to law

1) Forging or altering qualifications, qualification certificates or other permits to fraudulently win bids;

2) Bidding in the name of others more than 2 times within 3 years;

3) Fraudulent bidding to the tenderer caused direct economic losses of more than 300,000 yuan;

4) Other acts of deception and deception to win the bid, and the circumstances are serious.

If the bidder has one of the illegal acts listed in the paragraph within 3 years from the date of expiration of the penalty enforcement period specified in the second paragraph of this article, or if the circumstances of winning the bid are particularly serious, the business license shall be revoked by the administrative authority for industry and commerce. ”

Therefore, bidders can file complaints with the regulatory authorities about the relevant situation.

Legal analysis: (1) The first business directly or indirectly obtains the relevant information of other ** business from the purchaser or the procurement agency and modifies its bidding documents or response documents; (2) The first business shall replace, modify the bidding documents or response documents in accordance with the instructions of the purchaser or the procurement agency; (3) The substantive content of the bidding documents or response documents such as negotiation between business partners, technical solutions, etc.; (4) Businesses that belong to the same group, the Debate Spring Association, the Chamber of Commerce and other organizations are members of the organization to participate in the procurement activities in accordance with the requirements of the organization; (5) It is agreed in advance that a specific business will win the bid and conclude the transaction; (6) It is agreed between the merchants that some of the merchants will give up participating in the procurement activities or giving up winning the bid or closing the transaction; (7) Other collusive behaviors between the first merchant and the purchaser or the procurement agency, and between the first merchant and each other, in order to seek a specific ** merchant to win the bid, make a deal or exclude other ** merchants.

Legal basis: Article 77 of the ** Procurement Law of the People's Republic of China ** If a merchant has any of the following circumstances, he shall be investigated for criminal responsibility in accordance with the law: (1) providing false materials to win the bid or make a deal; (2) Employing improper means to slander or exclude other businessmen; (3) Maliciously colluding with the purchaser, other businessmen, or procurement-leading institutions; (4) Offering bribes or providing other improper benefits to purchasers or procurement agencies; (5) Conducting consultations and negotiations with the purchaser in the process of bidding and procurement; (6) Refusing supervision and inspections by relevant departments or providing false information.

**If the business has any of the circumstances in items (1) to (5) of the preceding paragraph, the winning bid and transaction shall be invalid.

Regulations for the Implementation of the Procurement Law of the People's Republic of China Article 74 In any of the following circumstances, it is malicious collusion: (1) The first business directly or indirectly obtains the relevant information of other ** business from the purchaser or the procurement agency and modifies its bidding documents or response documents; (2) The first business shall replace, modify the bidding documents or response documents in accordance with the instructions of the purchaser or the procurement agency; (3) The substantive content of the bidding documents or response documents such as negotiation between business partners, technical solutions, etc.; (4) Participating in procurement activities in accordance with the requirements of the organization, which is a member of the same group, association, chamber of commerce and other organizations; (5) It is agreed in advance that a specific business will win the bid and make a transaction; (6) It is agreed between the merchants that some of the merchants will give up participating in the procurement activities or giving up winning the bid or closing the transaction; (7) Other collusive behaviors between the first merchant and the purchaser or the procurement agency, and between the first merchant and each other, in order to seek a specific ** merchant to win the bid, make a deal or exclude other ** merchants.

1. What is the identification of bid-rigging collusion?

1. The identification of bid-rigging collusion is as follows:

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 bottom of the bid and the members of the bid evaluation committee to the bidder;

3) the tenderer expressly or implicitly that the bidder lowers or raises the bid;

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

2. 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 the 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 bid shall be imposed, and a fine of between 5 and 10 per cent of the amount of the unit shall be imposed on the person in charge directly responsible for the unit and other directly responsible personnel; 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.

II. What are the criteria for filing a case for the crime of collusion.

1. Damage to the legitimate interests of the tenderer, bidder or the state, collective, or citizen, causing direct economic losses of more than 500,000 yuan;

2. The amount of unlawful gains is more than 100,000 yuan;

3. The amount of the winning project is more than 2 million yuan;

4. Employing illegal means such as threats, deception, or bribery;

5. Although the above-mentioned amount standards have not been reached, within two years due to collusive bidding, they have received administrative punishment for two or more times, and they have colluded in bidding;

6. Other situations where the circumstances are serious.

Hello dear, glad to answer for you. There are several situations in which bid-rigging and collusion are identified: one is collusion between the bidder and the tenderer.

For example, some tenderers try to turn public bidding into invitation to bid, and the designated winning bidder will find several bidders to "accompany the bid" and complete the bidding procedure to win the bid; For example, in the case of public bidding, in order to make a specific bidder win the bid, some tenderers set up qualification conditions that are conducive to the winning bidder in the prequalification documents, bidding documents, and bid evaluation methods, and restrict and exclude other bidders; After winning the bid, the bidder will use design changes and on-site visas to give additional compensation to the bidder, leaving room for low-price bidding and settlement. The second type is the collusion between bidders. Some bidders form an alliance and collude in bidding by taking turns to sit in the village and accompany multiple bidders; Some form a community of interests and reach an agreement on the distribution of interests, agreeing that the winning bidder will pay a certain percentage of the remuneration to the bidder; After winning the bid at a low price, some deliberately give up, and then share the bid price difference with the second place in the supplement; Some adopt methods such as the legal representative not signing, or the number of bidding documents does not match, or missing items, duplicate valuation, etc., to deliberately create invalid bids; Some bidders adopt an agreement to raise or lower the bid in the bidding to control the average bid evaluation price and obtain high scores.

The third type is the collusion between bidders and bidding agencies. Some bidding agencies are instructed by the tenderer to assist the tenderer in colluding with the bidder in bidding; For the sake of illegal economic interests, some illegal bidding institutions collude with bidders, collude with each other, sell the interests of owners, and seek to win bids. <>

Summary. Dear, the court ruled that bid-rigging and collusion cannot continue to bid.

Dear, the court ruled that bid-rigging and collusion cannot continue to bid.

As far as I know, according to Article 223 of China's Criminal Law, 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 shall be fined concurrently or alone. 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 criteria for filing a case for the crime of collusion in bidding where the circumstances are serious: 1. Harming the legitimate interests of the tenderer, the bidder, or the state, collective, or citizen, causing direct economic losses of more than 500,000 yuan;2. The amount of unlawful gains is more than 100,000 yuan; 3. The amount of the winning project is more than 2 million yuan;4. Employing illegal means such as threats, deception, or bribery;5. Although the above-mentioned amount standard has not been reached, it has been punished more than twice within two years due to collusive bidding, and then colluded in bidding;6. In these provisions, "although the above-mentioned amount standard has not been reached" refers to the amount close to the above-mentioned amount standard and has reached more than 80% of the amount. 7. Where it is necessary to pursue criminal responsibility for preparatory offenders, attempted offenders, or suspended offenders, a case shall be filed for prosecution.

8. The standards for prosecution of Lizen Imperial Cases in these Provisions are applicable to crimes committed by corresponding units, except as otherwise provided in laws, judicial interpretations, or these Provisions.

The tenderer opens the bidding documents before the bid opening and discloses the relevant information to other bidders;The tenderer directly or indirectly discloses the bottom of the bid and the members of the bid evaluation committee to the bidder;The tenderer expressly or implicitly indicates that the bidder lowers or raises the bidThe tenderer instructs the bidder to withdraw the bidding documents;The tenderer expressly 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 analysisTurn the public tender into an invitation to bid, and determine the winning bidder;In the case of public bidding, the qualification conditions that are conducive to the winning bidder shall be set in the prequalification documents, bidding documents and bid evaluation methods, and other bidders shall be restricted and excluded;Leaking the bid floor to the bidder or jointly agreeing on the bid floor is a collusion between the tenderer and the bidder. The tendering agency is instructed by the tenderer to assist the tenderer in colluding with the bidder in bidding between the tenderer and the bidderFor the sake of illegal economic interests, some illegal bidding institutions collude with bidders, collude with each other, sell the interests of owners, and seek to win bids. If these conditions are met, it is determined that it is a collusion with the bidding agency.

Bid-rigging between bidders. 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, and 6. The bid deposits of different bidders are transferred from the same unit or personal account. If these are satisfied, it is determined that it is a collusion between bidders.

Legal basisRegulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China Article 67 If the bidders collude with each other or with the tenderer, the bidder offers bribes to the tenderer or the members of the bid evaluation committee to win the bid, and the winning bid is invalid; where a crime is constituted, criminal responsibility is 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. If the bidder fails to win the bid, the fine amount of the unit shall be calculated in accordance with the proportion stipulated in the bidding and bidding law in accordance with the contract amount of the bidding project.