Invalid bidding is the simplest penalty. However, the relevant administrative supervision departments may also disqualify them from bidding for projects that require bidding according to law within one to two years.

According to the "Implementation Regulations of the Tendering and Bidding Law of the People's Republic of China"

Article 39 bidders are prohibited from colluding with each other in bidding. If any of the following circumstances occurs, the bidders are colluding with each other in bidding:

(1) The bidders negotiate the substantive content of the bidding documents such as bid price;

(2) Bidding The bidders agree on the winning bidder;

(3) The bidders agree that some bidders will give up the bid or win the bid;

(4) Belong to the same group, association, chamber of commerce, etc. Bidders bid collaboratively in accordance with the requirements of the organization;

(5) Other joint actions taken by bidders to win the bid or exclude specific bidders.

Article 40 If any of the following circumstances occurs, the bidders will be deemed to have colluded with each other in bidding:

(1) The bidding documents of different bidders are prepared by the same unit or individual;< /p>

(2) Different bidders entrust the same unit or individual to handle bidding matters;

(3) The project management members stated in the bidding documents of different bidders are the same person;

(4) The bidding documents of different bidders are unusually consistent or the bid prices are regularly different;

(5) The bidding documents of different bidders are mixed with each other;

(6) The bid deposits of different bidders are transferred from the accounts of the same unit or individual.

Article 41 It is prohibited for bidders and bidders to collude in bidding. If one of the following circumstances occurs, the tenderer and the bidder collude in bidding:

(1) The tenderer opens the bidding documents before the bid opening and leaks relevant information to other bidders;

(2) The tenderer directly or indirectly leaks information such as the bid base and members of the bid evaluation committee to the bidder;

(3) The tenderer expressly or implies that the bidder lowers or raises the bid price;

(4) The tenderer instructs the bidder to change or modify the bidding documents;

(5) The tenderer expressly or implies that the bidder will provide convenience for a specific bidder to win the bid;

(6) ) Other collusive behaviors between the tenderer and the bidder in order to win the bid for a specific bidder.

Article 67 If bidders collude with each other in bidding or with the tenderee, and if a bidder bribes the tenderee or a member of the bid evaluation committee in order to win the bid, the winning bid will be invalid; if a crime is constituted, criminal prosecution will be pursued in accordance with the law. Responsibility;

If it does not constitute a crime, it shall be punished in accordance with the provisions of Article 53 of the Tendering and Bidding Law. If the bidder fails to win the bid, the amount of the fine imposed on the unit shall be calculated based on the contract amount of the bidding project in accordance with the proportion stipulated in the Bidding and Bidding Law.

If a bidder commits any of the following acts, it is a serious act stipulated in Article 53 of the Tendering and Bidding Law, and the relevant administrative supervision department will cancel the bidder's participation in projects that are required to be tendered according to law within 1 to 2 years. Bidding qualifications:

(1) Bribery to win the bid;

(2) Bidding collusion more than 2 times within 3 years;

(3) Bidding collusion Damage the legitimate interests of the tenderer, other bidders, or the country, collectives, and citizens, causing direct economic losses of more than 300,000 yuan;

(4) Other serious acts of collusion in bidding.

If a bidder commits one of the illegal acts listed in that paragraph within 3 years from the expiration of the penalty execution period stipulated in paragraph 2 of this article, or if the circumstances are particularly serious such as colluding in bidding or using bribery to win the bid, The business license shall be revoked by the industrial and commercial administration authority.

If laws and administrative regulations have other provisions on penalties for colluding in bidding and quotation, such provisions shall prevail.

Extended information

"Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China"

Article 32 The tenderer shall not impose unreasonable conditions Restrict or exclude potential bidders or bidders.

If a tenderer commits any of the following acts, it shall be deemed as restricting or excluding potential bidders or bidders with unreasonable conditions:

(1) Providing different projects to potential bidders or bidders for the same bidding project Information;

(2) The qualifications, technical and business conditions set are not compatible with the specific characteristics and actual needs of the bidding project or have nothing to do with the performance of the contract;

(3) In accordance with the law Projects that must be tendered use performance and awards in specific administrative regions or specific industries as bonus points or bid winning conditions;

(4) Adopt different qualification reviews or bid evaluation standards for potential bidders or bidders ;

(5) Limit or designate specific patents, trademarks, brands, origins or suppliers;

(6) Illegal restrictions on potential bidders for projects that require bidding according to law, or The ownership form or organizational form of the bidder;

(7) Restricting or excluding potential bidders or bidders with other unreasonable conditions.

Article 60 If a bidder or other interested party believes that bidding activities do not comply with laws and administrative regulations, they may complain to the relevant administrative supervision department within 10 days from the date they know or should know. Complaints should have clear requests and necessary supporting materials.

If you complain about matters specified in Articles 22, 44 and 54 of these Regulations, you must first raise an objection to the tenderee. The period for replying to the objection shall not be counted in the period specified in the preceding paragraph. within the time limit.

Article 61: If a complainant complains about the same matter to more than two administrative supervision departments with the authority to accept the complaint, the administrative supervision department that first receives the complaint shall be responsible for handling it.

The administrative supervision department shall decide whether to accept the complaint within 3 working days from the date of receipt of the complaint, and make a written decision within 30 working days from the date of accepting the complaint; inspection, testing, The time required for appraisal and expert review is not included in the calculation.

If the complainant fabricates facts, forges materials, or obtains certification materials by illegal means to make a complaint, the administrative supervision department shall reject it.

Article 68 If a bidder bids in the name of another person or uses other methods to defraud and win the bid, the winning bid will be invalid; if it constitutes a crime, he will be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, he will be held accountable in accordance with Article 1 of the Tendering and Bidding Law. Penalties prescribed in Article 54. If a bidder fails to win the bid for a project that requires bidding according to law, the amount of the fine imposed on the unit shall be calculated based on the contract amount of the bidding project in accordance with the proportion stipulated in the Bidding and Bidding Law.

If a bidder commits any of the following acts, it is a serious act stipulated in Article 54 of the Tendering and Bidding Law, and the relevant administrative supervision department will cancel its participation in projects that require bidding according to law within one to three years. Bidding qualifications:

(1) Forging or altering qualifications, qualification certificates or other license documents to win the bid by fraud;

(2) Bidding in the name of another person more than twice within 3 years;< /p>

(3) Fraud and deception to win the bid, causing a direct economic loss of more than 300,000 yuan to the bidder;

(4) Other serious acts of deception and deception to win the bid.

If a bidder commits one of the illegal acts listed in that paragraph within 3 years from the expiration date of the penalty execution period stipulated in paragraph 2 of this article, or if the bidder commits fraud to obtain the bid and the circumstances are particularly serious, the bidder shall be governed by the industrial and commercial administration. The agency revoked the business license.

Reference: Central People's Government-Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China