How to obtain evidence for string bidding
Firstly, the bidding documents are obtained, and then whether there is a certain degree of similarity is analyzed from the aspects of binding form, paper status, catalogue arrangement and text style of multiple bidding documents, and then whether the catalogue arrangement, text and format are abnormal, whether the graphic content is consistent, and whether the attribute information of electronic bidding documents is consistent. If these documents are similar in shape and spirit, they can basically be regarded as collusion between bidders.
According to the provisions of Article 27 of the Anti-Unfair Competition Law, the act of colluding in bidding can be fined 1 10,000 yuan but not more than 200,000 yuan.
Article 223 of the Criminal Law: Bidders who collude with each other in bidding and quotation and harm the interests of the tenderee or other bidders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined. Bidders and tenderers who collude in bidding and harm the legitimate interests of the state, collectives and citizens shall be punished in accordance with the provisions of the preceding paragraph.
What if you find collusion?
(1) All right. For those who collude in bidding, the relevant administrative supervision departments shall impose a fine of more than 5/1000 and less than 10/1000 on the tenderers and bidders. The person in charge directly responsible for the unit and other directly responsible personnel shall be fined more than 5% 10% of the unit fine. The so-called "should" means that the relevant administrative supervision departments have the discretion to decide the specific amount of fines only within the scope of punishment prescribed by law, but have no discretion to decide whether to impose fines. As long as the perpetrator has the above-mentioned illegal acts, the relevant administrative supervision departments should impose a fine on him.
(2) Confiscation of illegal income. Confiscation of illegal income is a punishment method implemented by the administrative subject to nationalize part or all of the illegal income, articles or other illegally occupied property of the administrative offender. Confiscation may depend on the seriousness of the case and decide to confiscate it in part or in whole. Confiscated articles, except those that should be destroyed and filed for future reference, should be turned over to the state treasury or handed over to legal authorities for disposal.
According to the provisions of this article, the relevant administrative supervision departments shall confiscate the illegal income. The premise of confiscation of illegal income is that the actor has obtained illegal benefits because of the above-mentioned illegal acts.
(3) Cancel the bidder's bidding qualification. Cancellation of bidding qualification belongs to behavior punishment, that is, a punishment measure that restricts or deprives the offender of a certain behavior ability or qualification, sometimes called ability punishment. In accordance with the provisions of this article, if the bidder commits the above-mentioned illegal acts in a serious way, the relevant administrative supervision department shall cancel his bid qualification for participating in the project subject to tender according to law within one to two years, and make an announcement. Whether the actor's illegal behavior is serious or not should be judged by the means used in the illegal behavior. Bidders who have been disqualified from bidding may not participate in the bidding of projects that must be subject to tender according to law within the time limit prescribed by the relevant administrative supervision departments. In addition, it should be pointed out that the bidder's bidding qualification is limited to the projects that must be subject to bidding according to law, and there should be no doubt whether the bidder can participate in the bidding of non-mandatory bidding projects. After the prescribed time limit, the bidder whose bidding qualification has been cancelled shall resume the bidding qualification for participating in the compulsory bidding project.
(4) Revocation of business license. If the circumstances are serious, the business license of the colluding bidder shall be revoked by the administrative department for industry and commerce. The so-called serious circumstances refer to the situation that the bidder's qualification to participate in the compulsory bidding project is cancelled within a certain period of time, which is not enough to achieve the purpose of sanctions. In this case, it is necessary to fundamentally cancel the actor's capacity for behavior. Compared with the disqualification of bidders for a certain period of time, the punishment of revoking business license is more severe, which is to disqualify bidders from engaging in business activities.
(5) Investigate criminal responsibility. If the circumstances of collusive bidding are serious and constitute a crime, criminal responsibility shall be investigated according to law. If a unit constitutes a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished accordingly.
(6) Compensation for losses. If losses are caused to others due to collusion in bidding, they shall also be liable for compensation according to law. The loss here only refers to property loss, not including mental damage. The so-called mental damage refers to a civil legal system in which the personal rights of civil subjects are illegally violated, which damages their personal interests and identity interests or suffers mental pain, and requires the infringer to give relief and protection in the form of property compensation. Because in the bidding activities, most of the losses suffered by the victims due to collusion in bidding are property losses, but some of them include mental losses, so the scope of damages should be limited to the compensation for property losses.
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