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How to punish bidding and collusion

if bidders bid in collusion with each other or with the tenderee, if the bidders seek to win the bid by bribing the tenderee or members of the bid evaluation committee, the bid will be invalid, and a fine of more than 5% but less than 11% of the amount of the winning project will be imposed, and a fine of more than 5% but less than 11% of the amount of the unit fine will be imposed on the directly responsible person in charge and other directly responsible personnel; If there is illegal income, the illegal income shall be confiscated; If the circumstances are serious, it shall be disqualified from participating in the 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 by the administrative department for industry and commerce; 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.

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 only be fined.

In any of the following circumstances, bidders bid in collusion with each other:

1. Negotiate the bid quotation and other substantive contents of the bidding documents between bidders;

2. 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 who are members of the same group, association, chamber of commerce and other organizations shall cooperate in bidding according to the requirements of the organization;

5. Other actions taken by bidders to win the bid or exclude specific bidders.

Legal basis:

Regulations for the Implementation of the Bidding Law of the People's Republic of China:

Article 39

Bidders are prohibited from colluding with each other in bidding.

In any of the following circumstances, bidders bid in collusion with each other:

(1) The bidders negotiate the substantial contents of the bidding documents such as bidding quotation;

(2) The winning bidder is agreed between bidders;

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

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

(5) Other actions taken by bidders to win the bid or exclude specific bidders.

Article 41

In any of the following circumstances, it is deemed that bidders bid in collusion with each other:

(1) The bidding documents of different bidders are compiled 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 unusually consistent or the bidding quotations are regularly different;

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

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