We know that bidding is for the principle of fairness, to avoid the enterprise bidding process in the enterprise personnel and bidding personnel collusion, favoritism and fraud, thus harming the interests of enterprises. That the bidding law implementation regulations in the bidding provisions.
One, the bidding law implementation regulations "related to the bidding of the relevant provisions
Article 33 of the bidder to participate in the project must be bidding, not subject to regional or sectoral restrictions, any unit or individual shall not unlawfully interfere.
Article 34 legal persons, other organizations or individuals that have an interest in the bidder that may affect the fairness of the bidding shall not participate in the bidding.
The person in charge of the unit is the same person or there is a controlling, management relationship of different units, shall not participate in the same bidding or not divided into segments of the same bidding project bidding.
Two, violation of the provisions of the first two paragraphs, the relevant bid are invalid.
Article 35 of the bidder to withdraw the bidding documents have been submitted, shall notify the bidder in writing before the deadline for bidding. The bidder has collected the bidding deposit, shall be refunded within 5 days from the date of receipt of the written notice of withdrawal by the bidder. If the bidder withdraws the bidding documents after the deadline for submission of bids, the bidder may not return the bidding deposit.
Article 36 does not pass the pre-qualification of the applicant to submit tender documents, as well as late delivery or not in accordance with the requirements of the bidding documents sealed tender documents, the bidder shall reject. The bidder shall truthfully record the time of delivery and sealing of the tender documents, and filed for inspection.
Article 37 of the bidder shall in the pre-qualification announcement, bidding announcement or invitation to tender set out whether to accept joint bidding.
The bidder accepts consortium bidding and pre-qualification, the consortium shall be formed before submitting the application for pre-qualification documents. Pre-qualification after the consortium to add, subtract, replace members, its bid is invalid. Each party to the consortium in the same bidding project in its own name alone or participate in other consortium bidding, the relevant bid are invalid.
Article 38 of the bidder merger, separation, bankruptcy and other major changes shall promptly inform the bidder in writing. Bidders no longer have the pre-qualification documents, the qualification conditions set out in the bidding documents or their bids affect the fairness of the bidding, its bid is invalid.
Article 39 prohibits bidders from colluding with each other in bidding.
3. One of the following circumstances belongs to the bidder colluding with each other in bidding
(1) negotiation between bidders on the bidding price and other substantive contents of the bidding documents;
(2) agreement between bidders on the winning bidder;
(3) agreement between bidders that some of the bidders give up their bids or win the bid;
(4) belonging to the same group , associations, chambers of commerce and other organizations of which the bidders are members, in accordance with the requirements of the organization to bid in concert;
(v) other joint actions between bidders to seek the winning of the bid or the exclusion of particular bidders.
Article 40 Bidders are deemed to have colluded with each other in bidding if any of the following circumstances applies:
(1) the bidding documents of different bidders are prepared by the same organization or individual;
(2) different bidders entrust the same organization or individual to handle bidding;
(3) different bidders' bidding documents contain the same project management member;
(d) The bidding documents of different bidders are abnormally consistent or the bidding prices are regularly different;
(e) The bidding documents of different bidders are mixed with each other;
(f) The bidding deposits of different bidders are transferred from the account of the same unit or individual.
Article 41 prohibits collusion between bidders and tenderers.
Four, one of the following circumstances, is the bidder and the bidder collusive bidding
(a) the bidder before the opening of the bidding documents opened and leaked the relevant information to other bidders;
(b) the bidder, directly or indirectly, to the bidders to disclose bidding price, the bid evaluation committee members, and other information;
(c) the bidder explicitly or implicitly bidder suppress or raise the bid price;
(iv) the bidder authorizes the bidder to withdraw or modify the bidding documents;
(v) the bidder expressly or implicitly implies that the bidder facilitates the winning of the bid by a particular bidder;
(vi) other acts of collusion between the bidder and the bidders for the purpose of seeking to win the bid by a particular bidder.
Article 42 A bidder who uses a qualification or certificate of qualification obtained by way of being assigned or rented belongs to the bidding in the name of another person as stipulated in Article 33 of the Bidding Law.
Fifth, the bidder has one of the following circumstances, the bidding is the bidding law, article 33 of the fraudulent acts in other ways
(a) the use of forged, altered licenses;
(b) to provide false financial status or performance;
(c) to provide a false resume of the person in charge of the project or the main technical staff, labor relations Proof;
(iv) Providing false credit status;
(v) Other falsehoods.
Article 43 The applicant who submits the application documents for pre-qualification shall comply with the provisions of the Bidding and Tendering Law and these Regulations concerning bidders.
Consolidated above, we understand that the bidding process can not be or should be carefully guarded against the situation.