Collusion bidding refers to collusion between bidders to raise or lower the bid price, and collusion between bidders to crowd out competitors. First, bidders collude with each other in bidding quotation, which harms the interests of the tenderee or other bidders. This is usually manifested in the mutual communication between bidders, the formation of written or oral agreements and agreements on bidding quotation, or the mutual notification of quotation information, so as to avoid mutual competition and seek illegitimate interests. There are mainly the following manifestations: mutual agreement between bidders to raise the bid price unanimously. Bidders agree to lower the bid price unanimously. Bidders agree to win the bid in turn at high or low prices in similar projects. Bidders colluded with each other and agreed to give other bidders who failed to win the bid or abandoned the bid "compensation fee for abandoning the bid". The crime of collusive bidding refers to the serious behavior of bidders colluding with each other in bidding quotation, which harms the interests of the tenderee or other bidders, or bidders colluding with the tenderee in bidding, which harms the legitimate rights and interests of the state, the collective and citizens. The boundary between the crime of collusive bidding and the illegal act of collusive bidding depends on whether the circumstances of the act are serious or not. If the circumstances are serious, it constitutes a crime, otherwise it will not be regarded as a crime, and the Supreme Court should make a judicial interpretation of what is serious. When determining whether the circumstances are serious, we should comprehensively consider the factors such as whether the criminal means are bad, persistent, behavioral results and social impact, and make a comprehensive judgment.
Legal basis:
Article 53 of the Bidding Law of People's Republic of China (PRC) * * * Bidders collude with each other or collude with the tenderee to bid. If the bidder seeks 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% 10% of the amount of the winning project will be imposed, and the directly responsible person in charge and other directly responsible personnel will be fined more than 5% 10% of the unit fine. Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be disqualified from 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.
Article 223 of the Criminal Law of People's Republic of China (PRC): Bidders who collude with each other in bidding and quotation and harm 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.