In 2019, there are a number of siege and string bidding behavior was uncovered across the country. But there are still a lot of people are still "playing ball", in the illegal bid-rigging around the edge of temptation.
So what exactly is considered to be around the bidding crosstalk bidding, and the bidding bidding network to take a look at the following around the crosstalk standard determination:
"Crosstalk" identified
1, belonging to the bidder collusion bidding:
Bidding negotiation between bidders bidding prices and other bidding documents Substantial content;
Agreements between bidders on the winning bidder;
Agreements between bidders that some of the bidders forgo the bid or win the bid;
Bidders belonging to the same group, association, chamber of commerce and other organizations members of the organization's request for coordinated bidding;
Other joint actions taken by bidders in order to obtain the winning bid or to exclude specific bidders.
2. Bidders are deemed to collude with each other in bidding:
the bidding documents of different bidders are prepared by the same organization or individual;
different bidders entrust the same organization or individual to handle the bidding;
different bidders have the same member of the project management as stated in the bidding documents of different bidders;
the bidding documents of different bidders are unusually consistent or the bidding price is regularly different;
The bidding documents of different bidders are mixed with each other;
The bidding deposits of different bidders are transferred from the accounts of the same organization or individual.
There are more than two errors of consistency in the details of the substantive contents of the bidding documents prepared by different bidders;
The bidding documents of different bidders are prepared, packaged and encrypted or uploaded by the same electronic equipment, and the bidding documents of different bidders are printed or copied by the same electronic equipment of the same bidders;
The bidding documents of different bidders are delivered or distributed by the same bidders ;
The persons participating in the bidding activities are the incumbents of other bidders in the same bidding section;
The bidding deposits of different bidders are transferred from the respective basic accounts of the bidders, however, the required funds come from the same unit or personal account;
The bidders mutually agree to give the unsuccessful bidders compensation for their costs.
3. Collusion between the bidder and the bidders:
The bidder opens the bidding documents before the opening of the bids and divulges the relevant information to the other bidders;
The bidder divulges the information on the bidding price and the members of the bid evaluation committee to the bidders either directly or indirectly;
The bidder expresses or implies to the bidders that they should depress or inflate the bidding price;
The bidder authorizes the bidder to withdraw or modify the bidding documents;
The bidder expressly or impliedly facilitates the winning of the bid by a particular bidder;
Other acts of collusion between the bidder and the bidders for the purpose of seeking the winning of the bid by a particular bidder.
The bidder assists a pre-qualification applicant or a bidder in removing or modifying its pre-qualification application documents or bidding documents;
The bidder, directly or indirectly, divulges to a bidder or a bidder's interested party the name or number of applicants who have obtained the pre-qualification documents or who have passed the pre-qualification, or the status of qualification examination, or the name or number of potential bidders who have obtained the bidding documents, or the status of bid evaluation. The name and number of potential bidders or the evaluation of bids;
The bidder, by means of coercion, persuasion, or inducement, causes bidders other than specific bidders to give up their bids or the winning bidder to give up the winning bid;
A separate agreement is made with the winning bidder to give compensation for costs to other bidders who have not been awarded the bid.
Electronic Bidding Documents
1. The bidding will be negated in the following cases:
The bidding documents of different bidders are compiled, printed and encrypted or uploaded by the same electronic equipment;
The bidding documents of different bidders are printed and copied by the same electronic equipment of the same bidders;
The bidding documents of different bidders are delivered by the same bidder or distributed;
There are more than two errors of detail in the substance of the bid documents of different bidders.
The XML electronic file of the Bidder's List of Quantities with Tenders was submitted without the required recording of hardware and software information.
Recorded hardware and software information, verified by the electronic bidding and tendering trading platform determined to have been tampered with.
2, other issues:
electronic bidding documents recorded network card (MAC) address, CPU serial number and hard disk serial number and other hardware information, each more than one of the same, and can not provide a reasonable explanation, shall be recognized as different bidders of the bidding documents prepared by the same electronic equipment, printing encryption or upload.
The XML electronic document of the bill of quantities in the electronic bidding document, which has the same serial number of the editing and pricing software, shall be recognized as the bidding documents of different bidders prepared, printed, encrypted or uploaded by the same electronic equipment.
The bidding documents with the same IP address for record uploading and no reasonable explanation can be provided shall be recognized as different bidders entrusting the same unit or individual to handle the bidding.
Leading cadres "greetings"
1, for housing and municipal engineering bidding activities, party leading cadres and other state employees, directly or indirectly, explicitly or implicitly, intervene in and influence the normal conduct of bidding and tendering activities.
2, was "greeting people" (refers to the relevant bidders, bidders, bidding agencies, administrative supervision departments and bid evaluation experts, etc.) should be reported to the relevant administrative departments of construction, the relevant administrative departments of construction, upon receipt of the report, should fill out the "project bidding and tendering "Greeting" registration form ", do a good job of confidentiality and avoidance of suspicion, and transferred to the discipline inspection and supervision departments for investigation.
3, "greeting" behavior includes:
expressed or implied by law must be bidding construction projects are not bidding or avoiding bidding, should be open to bidding by inviting tenders or not bidding;
expressed or implied by law should be bidding construction projects are not legally acceptable The relevant construction administrative supervision departments;
designating a bidding agent for the bidder, or authorizing the selection of bidding agents to choose the intention;
greeting the relevant construction enterprises, supervisory units, bidding agents, etc., and requesting them to lend their qualifications to participate in bidding and tendering activities of the construction project;
explicitly or implicitly the bidders, bidding agents, etc.
Interfering with the selection of members of the bid evaluation committee;
Interfering with the evaluation work of the bid evaluation experts and affecting the results of the bid evaluation;
Interfering with the work of the bidder's finalization of the bid;
Expressing or implying that the winning candidate forfeits his/her winning bid; or requesting the winning bidder to subcontract or sub-subcontract the construction project;
Interfering with the work of bidding and tendering complaints and reports;
putting pressure on the supervisory body and interfering with the normal supervision and enforcement of law and supervision and inspection;
other violations of the regulations to interfere with the bidding and tendering activities of construction projects.
Expanded reading
1, "collusion bidding bidding", is how to be detected?
1) electronic bidding platform
① automatic screening of different bidding documents produced by the same computer;
② automatic calculation of the summary of the scores, assisting the evaluation of experts to determine whether or not the bidding crosstalk;
3) the whole process of tracing all the information is automatically archived, the whole process of traceability, dynamic monitoring, real-time early warning, intelligent assistance, the entire The whole process is recorded.
2) which bid-rigging behavior is easy to be detected?
The bidding documents are identical, such as the same format, the same font, the same table color.
Tendering documents, out of the error in the same place.
Electronic bidding, different bidders bidding registration of the same IP address, or IP address in a particular region.
The bidding documents of different bidders are prepared by the same computer or printed by the same attached device.
The bidding documents have similar or even the same form of binding, thickness and cover.
The bidding documents of one bidder are bound with documentary materials of another bidder's name, e.g., the presence of the signature of another legal representative or authorized agent, the stamping of another bidder's official seal and so on.
The representative of the bidder did not know the phone number of the company's president.
Different bidders traveled in the same car and talked and laughed before the bid opening, but pretended not to know each other at the bid opening site.
The total bid prices of different bidders are unusually consistent, or highly differentiated, or change regularly.
The total bid price of different bidders is similar, but the price of each sub-item is unreasonable, and there is no reasonable explanation.
Willful annulment of the bid, the winning bidder without a valid reason to give up the winning bid, or not in accordance with the provisions of the contract with the bidder
Willfully in accordance with the bidding documents stipulated in the terms of the invalid bid, the production of invalid bidding documents.
The bidder fails to submit the bidding documents or attend the bid opening meeting after attending the registration and purchasing the bidding documents for three or more times within one year.
Before the deadline for submission of bidding documents, several bidders issued almost simultaneous statements withdrawing their bidding documents.
The bid bonds of different bidders were paid from the same account funds.
Multiple bidders use the bid bond issued by the same person or the same enterprise.
After-sales service terms are identical.
Deliberate omission of the signature of the legal representative.
The signature of the legal representative in the bidding document is from the same person.
The whole process of electronic bidding for bidders and tenderers to bring convenience at the same time, is bound to breed illegal behavior.
Two, 12 kinds of bid-rigging sets, illegal!
01, the bidder's set
1. Leakage law
Leakage cast other bidders related to the situation;
Leakage of bidding, leakage of bid evaluation, leakage of the list of key people, such as: qualification committee or bid evaluation committee list.
2. Special customization method
For a certain bidder, "tailor-made" for the terms and conditions of obvious tendency, so as to control the bid;
Before the tender, with a certain supplier "substantive negotiations";
After the deadline for the submission of tender documents, the bidder will be able to submit the tender documents to the bidding committee. p>After the deadline for submitting bidding documents, bidders are allowed to supplement, replace or change bidding documents, and change the price quoted (including modification of data related to electronic bidding documents).
3. Doing the bureau method
Bidding has been internalized before the winning bidder, the organization of bidders to collude in the bidding, for example, to depress or raise the bid price;
The bidder will be an established bidding split into a number of bidding, and then internalized the winning bidder were arranged in different bidding, so that all parties to the interests of all parties;
Let the bidding between the bidder and bidding agency, and agreed otherwise, and. For example: to give unsuccessful other bidders cost compensation;
The bidder authorized their own internal unqualified companies and qualified companies to negotiate, in the name of the qualified company bidding, after winning the bid, the unqualified company performance.
4. Instructing and implying method
Instructing, implying or forcing to ask the bid evaluation committee, to conduct tendency guidance;
Instructing the bidding agency to provide assistance to the insider's winning bidder, and differentiate the treatment.
5. Price method
Taking a fraudulent approach, winning the bid with a low price that is considerably lower than the cost price, and then in the implementation of the project, by changing the amount of services and other means to increase the final settlement price.
6. Playing the fool method
The bidder found a bidder's representative, in the bid opening record sheet signed the name of more than one bidder but did not stop;
The bidder found that different bidders of the legal representative, commissioned by the agent, the person in charge of the project, the project director and other personnel have in the same unit of the payment of social insurance situation and do not stop, but agreed to continue to participate in the bidding;
The bidder found the legal representative, the commissioned agent, the person in charge of the project, the director and so on. p>
The bidder finds out that there are several interested persons by the same person or the existence of interest, carrying more than two (including two) bidders' enterprise information to participate in the qualification examination, to receive bidding information, or on behalf of more than two (including two) bidders to participate in the bidding question and answer session and so on, and turns a blind eye to the situation and agrees to continue to participate in the bidding;
The bidder finds out that the bidding information (including electronic information) of the different bidders is not the same, but is not the same as that of the other bidders. Bidder in the qualification examination or opening of the tender found that different bidders' bidding information (including electronic information) mixed with each other and other circumstances without stopping, but instead agreed to pass the qualification examination or continue to participate in the evaluation of bids;
Opening of bids found that the bidder's offer there are obvious signs of crosstabbing turn a blind eye to the tender evaluation committee also authorized the evaluation committee continue to evaluate.
7. No scruples method
The use of the lowest bid evaluation method for the evaluation of the project, the unsuccessful company questioned, the bidding and purchasing unit reconsideration also still maintains the original evaluation results;
The bidder refused to sign a contract with the winning candidate without justifiable reasons.
02, the set of bidders
1. Brothers in arms
The bidders agreed with each other, agreed beforehand who won the bid, who accompanied the bid, who abandoned the bid;
Mutual agreement, the price strategy and bidding strategy;
Mutual agreement to give the unsuccessful bidders compensation for the costs;
Siege bidding company is generally: the bidder Legal representatives of the mutual participation in the company; or belong to the same group, head office, associations and other organizations members of the company; or interest alliance company, etc..
2. Characteristics of bid-rigging
The total bidding price of different bidders is abnormally the same, or the differentiation is very great, or regular changes;
The total bidding price of different bidders is similar, but the sub-offerings are unreasonable, and there is no reasonable explanation;
Willful abrogation of bidding, the bidder gives up the bidding without a valid reason, or fails to sign a contract with the bidders in accordance with the regulations. contract;
deliberately making invalid bidding documents in accordance with the invalid bidding clauses stipulated in the bidding documents;
failure of a bidder to submit bidding documents and attend the bid opening meeting after it has participated in the registration and purchased bidding documents for three or more times within one year;
almost simultaneous issuance of declarations of withdrawal of bidding documents by a number of bidders prior to the deadline for submission of bidding documents;
The bid bond of different bidders is paid from the same account fund;
Multiple bidders use the bid bond issued by the same person or the same enterprise;
The after-sales service terms are identical;
The signature of the legal representative is intentionally omitted;
The signature of the legal representative in the bidding documents is from the same person.
3. "Stupid" exposure method
The tender documents are amazingly the same, such as the same format, the same font, the same color of the form;
The tender documents, the mistakes are amazingly consistent, even the wrong are wrong the same;
Electronic bidding, different bidders bidding for the same registration IP addresses are the same, or the IP addresses are in a particular region;
The bidding documents of different bidders are prepared by the same computer or printed by the same accessory equipment;
The bidding documents have similar or even the same form of binding, thickness, and cover;
The bidding documents of one bidder are bound with the documentary materials of the name of another bidder, for example: The appearance of another legal representative or authorized agent signature, stamped with the official seal of another bidder, etc.;
The bidder's representative does not know the phone number of the company's president;
The bidder's representative's hand trembles when signing, and the name signed does not correspond to the name of the business card;
The different bidders traveled by the same car before the opening of the bidding, and talked and laughed, and pretended that they didn't recognize each other.
03, the evaluation of the expert's set
1. No law
The evaluation of the expert found that the bidding documents do not comply with the provisions of the bidding documents, do not point out;
The evaluation of the expert found that there are obvious unreasonable bidding, do not point out;
The evaluation of the expert found that there are obvious irrationality or omission of the content of the technical part, do not point out. .
2. Special treatment method
The evaluation experts know that the bidder has an interest, do not take the initiative to recuse themselves;
The bidding documents, the bidder made a special mark in the dark part of the bidding documents (it is likely to be intentionally labeled to a particular expert);
The evaluation experts evaluation of the score, in the absence of a reasonable reason, intentionally give a bidder a high score and lower other bidders. score while depressing the scores of other bidders, or not scoring in accordance with the provisions of the bidding documents.
Note: The above forms of bid-rigging, bid-rigging and bid-accompanying are illegal!
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