1. The opening of the bidding documents found in a bidding documents sealed with another bidder's official seal, is considered collusion?
In my county recently on a bid opening, the scene found that a bidder's bidding documents sealed seal stamped with another bidder's seal, ask: whether it can be recognized as a collusive bidding? A: This situation is similar to the "government procurement of goods and services bidding methods" (Ministry of Finance Decree No. 87) Article 37 (e), can be recognized as collusive bidding.
Legal basis
"Regulations for the Implementation of the Government Procurement Law" Article 74 of the following circumstances, is a malicious collusion, the supplier in accordance with the provisions of the first paragraph of Article 77 of the Government Procurement Law shall be held legally responsible for the purchaser, the purchasing agent and its staff in accordance with the provisions of Article 72 of the Government Procurement Law shall be held legally responsible for:
(A) Suppliers directly or indirectly from the purchaser or procurement agency to obtain the relevant information of other suppliers and modify their bidding documents or response documents;
(b) suppliers in accordance with the purchaser or procurement agency's authorization to withdraw, modify the bidding documents or response documents;
(c) suppliers to negotiate among themselves the price quotes, technical solutions, and other bidding documents or response documents Substantial content;
(d) belonging to the same group, associations, chambers of commerce and other organizations members of the suppliers in accordance with the organization's requirements to participate in government procurement activities;
(e) suppliers agreed in advance by a particular supplier to win the bid, transaction;
(f) suppliers agreed to part of the suppliers to give up participation in government procurement activities or give up the winning bid, transaction;
(VII) between suppliers and the purchaser or procurement agency, suppliers of each other, in order to seek a particular supplier to win the bid, the transaction or exclude other suppliers of other collusive behavior.
"Government Procurement of Goods and Services Bidding Management Measures" (Ministry of Finance Decree No. 87) Article 37 One of the following circumstances, the bidder is deemed to collude in the bidding, and their bids are invalid:
(a) the bidding documents of the different bidders are prepared by the same unit or individual;
(b) the different bidders entrusted to the same unit or individual to handle bidding matters;
(c) The project management member or contact person stated in the bidding documents of different bidders is the same person;
(d) The bidding documents of different bidders are abnormally consistent or the bidding price is 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. individual's account.
2. Supplier bidding documents produced by the same machine code, can be recognized as a string of bids?
A public **** resources trading center for the implementation of electronic bidding, in XX project evaluation, the trading center evaluation of the background there is a bid similarity, divided into the bidding machine code and other three, a two units of the same machine code, whether or not to determine the string of bids? (Provided that the bidding documents on this item does not provide) A: collusive bidding should be recognized in accordance with the circumstances specified in the law. Bidding documents to produce the same machine code, in practice, some procurement documents for the bidding invalid situation, there are local governments for collusive bidding situation.
"Document production machine code", refers to the computer's unique number. It is in the user registration software, according to the software installed computer hardware and software information generated by the unique identification code, generally known as the machine code. For example, the MAC address, that is, the manufacturer of the production of network card code, for each computer, it is unique. The production of different tender documents with the same machine code, that is, indicating that these tender documents are produced on the same computer to generate. This situation is similar to that of Article 37 of the Administrative Measures for Bidding and Tendering for Government Procurement of Goods and Services (Ministry of Finance Decree No. 87), which states that "if the bidding documents of different bidders are compiled by the same unit or individual, they can be regarded as collusive bidding". Therefore, the document production machine code should be recognized as collusive bidding suppliers.
3. Several suppliers in charge of different, are actually controlled by the same person, constitute collusive bidding?
One person has several companies, with different people when the legal representative, but is a person when the boss, on paper and no contact, but bidding is often A company's personnel to sign the contract on behalf of the B company, the B company's personnel to sign the contract on behalf of the C company, the C company personnel and the company contact, this way interspersed with each other, but not in the same project using the same The company's personnel, this situation can be reported to the investigation team?
A: If the situation is true, and these companies at the same time to participate in a government procurement or bidding project competition or bidding, belonging to the "Regulations for the Implementation of the Government Procurement Law," Article 74, paragraph 7 of the "suppliers and purchasers or procurement agencies, suppliers of each other, in order to seek a specific supplier to win the bid, the transaction, or the exclusion of other suppliers, other collusive behavior. Other collusive behavior of suppliers". You can retain the relevant evidence (such as "A company personnel to sign the contract on behalf of the B company", etc.), to the local government procurement supervision department.
4. four suppliers on behalf of *** with a car to bid, does it constitute collusion?
A: This situation is recognized as collusive bidding has no legal basis. However, the possibility of collusive bidding in this case is very high, so the evaluation of the bidding to focus on whether these suppliers have collusive bidding.
5. Two companies in the bidding documents, most of the program is the same, can be identified as collusive bidding?
Answer: No. This is just a clue as to whether or not there is any collusion in the bidding. This is just a clue, can be determined that the two bidders collusion also need to be based on the specific circumstances of the case. In practice, there are the following three possibilities: (1) the content of the tender decided to manage the design of the program online ready-made templates or samples can be downloaded, the two companies just have chosen the same template or sample, and as a basis for the preparation of their tender documents; (2) the two companies had previously been in the form of a consortium *** with the bidding for a particular project, the bidding document The bidding documents were prepared on the basis of the above-mentioned bidding documents; (3) the two companies had previously served the same purchaser, and the purchaser used the same template when signing the technical annexes of the contract with them, and the bidding documents were prepared on the basis of the above-mentioned technical annexes by them coincidentally.
Because of collusion in bidding penalties are more serious, once characterized, the supplier is bound to exhaust the challenge, complaint, administrative review and other means of counterattack, so most of the practice is to take a sideways way to remind them to withdraw their own bidding documents.
6. Two bidders bidding on behalf of the social security are another bidder to pay, constitute bid-rigging?
A: should be found collusive bidding. company A authorized representative and company B authorized representative from the social security payment relationship belongs to company C's employees, a company's employees to participate in the bidding for the same contract as authorized representatives of three companies, in line with the "government procurement of goods and services bidding and tendering management" (Ministry of Finance Decree No. 87), Article 37, paragraph 2 "Different bidders entrust the same unit or individual to handle the bidding matters", which can be recognized as collusive bidding. From the enterprise internal management responsibilities and other comprehensive judgment, the three companies should bear the responsibility of "collusive bidding".
7. Four suppliers quoted the same price or a regular increase and decrease, can be recognized as collusive bidding?
Answer: If the four bidders of the itemized price is identical, or show equal or equal series, according to the "government procurement of goods and services bidding methods" (Ministry of Finance Decree No. 87), Article 34 (4) of the provisions of the four bidders can be directly regarded as collusive bidding.
8. The legal representatives of the two bidding suppliers are brother and sister, can be regarded as collusive bidding?
Answer: "two legal representatives of the bidding suppliers as brother and sister" is not the law of collusive bidding, if there is the law of collusive bidding circumstances, can be recognized as collusive bidding.
9. The legal representative of the two suppliers, the agent is a father-daughter relationship, is a collusive bidding?
Answer: this relationship alone is recognized as collusive bidding lack of legal basis, but the evaluation of the two suppliers must pay attention to the tender documents, there may be traces of collusive bidding.
10. Dozens of bidders bid bond issued by the same bank, is considered collusion?
Answer: If only issued from the same bank, then it can not be considered collusive bidding by virtue of this article alone.
11. The two challenge letters are almost identical, is there a suspicion of bid-rigging?
The same project, such as two bidders to submit a letter of questioning the contents of almost exactly the same, the repetition rate of more than 90%, whether there is a suspicion of bid-rigging, how to deal with?
Answer: This situation does not belong to the "Regulations on the Implementation of the Government Procurement Law" "Measures for the Administration of Bidding for Government Procurement of Goods and Services" (Ministry of Finance Decree No. 87) "Malicious collusion" and is considered to be "collusive bidding" behavior, and therefore can not be determined as malicious collusion, bid-rigging, or bid-rigging. Therefore, it cannot be determined as malicious collusion or bid-rigging. Challenge letter is the supplier's rights, not the bidding behavior, the challenge letter does not mean that the bidding documents are identical, together with the challenge is not prohibited by law. From the degree of similarity to confirm whether the challenge letter crosstalk bidding, there is no inevitable, conclusive logic.
12. Complaints that the winning supplier's employees were also commissioned by another supplier to bid, is considered bid rigging?
The government procurement process, the complainant complained that the first winning supplier employees, this employee is also the first winning supplier branch head. Commissioned by another supplier to participate in the same project bidding, how to deal with this?
A: If it is determined that the bidder is commissioned by another supplier to participate in the same project bidding, then it can be considered that the bidder collusion bidding, its bid is invalid.
13. non-tendering procurement methods how to determine the "collusive bidding"
A: "government procurement of goods and services bidding methods" (Ministry of Finance Decree No. 87) Article 37 of the public tender as collusive bidding to determine the circumstances. Does not apply to non-tendering procurement, non-tendering procurement to determine whether there is malicious collusion between suppliers, the implementation of the Government Procurement Law Regulations, Article 74.
14. Bidders provide recordings to question the winning bidder collusion, how to deal with?
A: the statutory period of challenge letter issued by the purchaser, the purchasing agent shall receive and reply in writing within the effective period. At the same time the phone recording and other cases of illegal clues reported to the financial sector.
Involving the winning supplier crosstalk issues, the purchaser, the procurement agency received the supplier's letter of challenge, it is recommended that the organization of the original bid evaluation committee to challenge the evidence provided by the supplier, suspected of crosstalk supply of tender documents in accordance with the "Regulations for the Implementation of the Government Procurement Law," Article 73, "Measures for Administration of Bidding and Tendering for Government Procurement of Goods and Services" (Ministry of Finance Decree No. 87), Article 37, to carry out a Screening, and the work carried out, the results sent to the challenged supplier at the same time, reported to the supervision and management department a copy. If the questioning supplier receives the purchaser, the purchasing agent to question the response, continue to supervise the supervision and management of the complaint, the purchaser, the purchasing agent to actively cooperate with the line, you can avoid administrative penalties from the supervisory and management departments.
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