Must bidding project, the bidder has one of the following circumstances, ordered to make corrections, or re-bidding, re-evaluation of bids, and impose a fine of more than 50,000 yuan to less than 200,000 yuan; on the unit directly responsible for the competent personnel and other directly responsible personnel to impose a fine of more than two thousand yuan to less than 20,000 yuan; belonging to the state-owned funds for investment or state-financed projects, you can suspend the project funds Injection: (a) should fulfill the bidding program approval procedures but did not fulfill or not according to the approval of the bidding program bidding; (b) should be open bidding projects using invitation to tender; (c) pre-qualification documents and bidding documents do not contain evaluation standards, methods, rules or to the qualification committee, bid evaluation committee to provide the qualification committee or bid evaluation committee with pre-qualification documents or bidding documents are inconsistent with the evaluation standards, methods, rules; ( (d) inviting unqualified bidders to participate in the bidding; (e) adopting the drawing of lots, shaking of numbers and other means of qualification examination or limiting the number of bidders; (f) failing to impose a maximum price for the bidding of construction or goods for state-funded investment or state-financed projects; (g) failing to re-tender if the bidding should be re-tendered; and (h) failing to comply with the relevant provisions in the formation of the qualification prequalification committee and the bid evaluation committee. Violation of the provisions of Article 20 of these Regulations shall be penalized in accordance with the provisions of Paragraph 1 of this Article. Where laws and administrative regulations provide otherwise, the provisions thereof shall apply. The bidder shall be liable for any economic loss caused to the bidder as a result of re-tendering or re-determination of the winning bidder. Where the contract has been partially fulfilled and the re-tendering or re-determination of the winning bidder may cause greater damage to the interests of the public ****, the bidder may be penalized in accordance with the upper limit of the fine provided for in the first paragraph of this Article without ordering the bidder to re-tender or re-determine the winning bidder.
Legal Objective:The act of unfair competition in engineering bidding, also known as collusive bidding, refers to the violation of China's Anti-Unfair Competition Law, Article 15: bidders collude in bidding, bidding to inflate the bid price or lower the bid price, and bidders and bidders collude with each other in order to exclude rivals from fair competition. The Interim Provisions on Prohibition of Collusion in Bidding and Tendering issued by the State Administration for Industry and Commerce in January 1998 classifies the act of "collusion in bidding and offering" into two categories according to its performance in practice: 1) bidders agreeing with each other to unanimously raise or lower the bidding price, or taking turns in bidding for the project with a high or low bid. 2) the bidder and the bidder collusion bidding, certain bidders and bidders in the bidding activities, by improper means of private transactions resulting in bidding in the form of *** with the damage to the national interest, the interests of the public **** interests or the legitimate rights and interests of others behavior. Provisional Provisions on Prohibition of Collusion in Bidding and Tendering Behavior, the main manifestations of collusion between the bidder and the bidder, including: the bidder in the public opening of the bid, open the bid, and the bidding information to other bidders, or to assist in the bidder to withdraw or replace the bid, change the offer; the bidder to the bidder to disclose the bottom of the bidding; the bidder and the bidding agreed to bidding, bidding to lower or higher bidding, and then give the bidder or bidder additional compensation. Bidders and bidders agreed to bidding low or high bidding, and then give the bidder or bidder additional compensation; bidders pre-determined within the winning bidder, in determining the winning bidder to decide on the trade-offs; bidders and bidders and other collusion between bidding and bidding behavior. ... An important function of the market competition mechanism is to accurately reflect the market supply and demand, optimize the allocation of resources, and guide operators to correct decision-making. As collusive bidding behavior is to seek excess profits by restricting competition. Therefore, it not only directly harms the legitimate rights and interests of the bidders concerned, but also harms the interests of the bidders, prevents the competition mechanism from giving full play to its proper function, misguides production and consumption, is not conducive to the development of the social productive forces, and at the same time encourages the spread of corruption. Due to the existence of collusive bidding behavior, the units take turns to win the bid, so that the owners can not really merit selection of the winning unit and the lowest control of the project cost, so as not to ensure that the project schedule, quality and cost, resulting in a great waste of social resources. Because of the collusive bidding behavior is very harmful, therefore, China's "anti-unfair competition law," article coincidental provisions: the bidder shall not collude in the bidding, raising or lowering the bid; bidders and tenders shall not collude with each other, in order to exclude rivals in fair competition. Article 27 stipulates: the above two forms of collusive bidding, its bid is invalid. Supervision and inspection departments may, depending on the circumstances, in ten thousand yuan or more than two hundred thousand yuan fine.