1, the provisions of the bidding law

"Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC)" Article 67 Where bidders collude with each other in bidding or with the tenderee, and the bidders pay bribes to the tenderee or members of the bid evaluation committee to win the bid, their bids shall be invalid; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished in accordance with the provisions of Article 53 of the Bidding Law.

If the bidder fails to win the bid, the amount of the fine imposed on the unit shall be calculated according to the contract amount of the project subject to tender and the proportion stipulated in the Bidding Law. If a bidder commits one of the following acts, and the circumstances specified in Article 53 of the Bidding Law are serious, the relevant administrative supervision department shall cancel its bid qualification to participate in the bidding project according to law within 2 years:

(1) Winning the bid by bribery;

(2) colluding in bidding for more than 2 times within 3 years;

(3) Collusion in bidding damages the legitimate interests of the tenderee, other bidders or the state, collectives and citizens, resulting in direct economic losses of more than 300,000 yuan;

(four) other acts of serious collusion in bidding.

If a bidder commits one of the illegal acts listed in the second paragraph of this article within three years from the expiration of the penalty execution period specified in the second paragraph, or if the circumstances of colluding in bidding and bribing the bid are particularly serious, the administrative department for industry and commerce shall revoke its business license. Where there are other provisions in laws and administrative regulations on the punishment of colluding in bidding and quotation, those provisions shall prevail.

2. Criminal Law

People's Republic of China (PRC) criminal law:

Article 223 Bidders who collude with each other in bidding and quotation, thus harming 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 shall 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.

Article 231 Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.

Extended data

Identification standard

The following situations all belong to collusive bidding among bidders: bidders negotiate the substantive contents of bidding documents such as bidding quotation; The winning bidder is agreed between bidders; It is agreed between bidders that some bidders will give up bidding or win the bid; Bidders belonging to the same group, association, chamber of commerce and other organizations shall cooperate in bidding according to the requirements of the organization; Other joint actions taken by bidders to win the bid or exclude specific bidders.

The following situations are regarded as collusion between bidders: the bidding documents of different bidders are compiled 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 unusually consistent or the bidding quotations are regularly different; The bidding documents of different bidders are confused with each other; The bid bond of different bidders is transferred from the account of the same unit or individual.

The following situations all belong to collusion between the tenderee and the bidders: the tenderee opens the bidding documents and leaks relevant information to other bidders before the bid opening; The tenderee directly or indirectly divulges the pre-tender estimate, members of the bid evaluation committee and other information to the bidders; The tenderer explicitly or implicitly indicates that the bidder reduces or increases the bid price;

The tenderer instructs the bidder to replace or modify the bidding documents; The tenderer expressly or implicitly provides convenience for a specific bidder to win the bid; Other collusive acts taken by the tenderee and the bidder in order to seek the bid of a specific bidder.

Legal liability

If the bid is invalid, a fine of 0.5% ~ 1% will be imposed on the winning project, and a fine of 5% ~ 1% will be imposed on the directly responsible person in charge and other directly responsible personnel of the unit; And confiscate the illegal income;

If the circumstances are serious, it shall be disqualified from participating in bidding for projects that must be subject to tender according to law within one to two years, and shall be announced until its business license is revoked; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.

Regulations of People's Republic of China (PRC) Municipality on the Implementation of the Bidding Law

Thirty-ninth bidders are prohibited from colluding with each other in bidding.

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

(a) the substantive contents of the bidding documents such as the bidding quotation negotiated between bidders;

(two) the winning bidder is agreed between bidders;

(3) It is agreed between bidders that some bidders will give up bidding or win the bid;

(4) Bidders belonging to the same group, association, chamber of commerce and other organizations shall cooperate in bidding according to the requirements of the organization;

(five) other joint actions taken by bidders to win the bid or exclude specific bidders.

Fortieth in any of the following circumstances, it shall be deemed that bidders bid in collusion with each other:

(a) the bidding documents of different bidders are compiled by the same unit or individual;

(two) different bidders entrust the same unit or individual to handle the tender matters;

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

(four) the bidding documents of different bidders are unusually consistent or there are regular differences in bidding quotations;

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

(six) the bid bond of different bidders is transferred from the account of the same unit or individual.

Article 41 Bidders are prohibited from colluding with bidders in bidding.

In any of the following circumstances, the tenderer and the bidder collude in bidding:

(a) the tenderer opens the tender documents before the bid opening, and leaks the relevant information to other bidders;

(2) The tenderee directly or indirectly divulges the pre-tender estimate, members of the bid evaluation committee and other information to the bidders;

(3) The tenderer explicitly or implicitly reduces or increases the bid price;

(4) The tenderer instructs the bidder to replace or modify the bidding documents;

(five) the tenderer expressly or implicitly provides convenience for a specific bidder to win the bid;

(six) other collusion between the tenderer and the bidder to obtain the bid of a specific bidder.

References:

Baidu encyclopedia-Sichuan standard

References:

Baidu Encyclopedia-Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC)