Bid rigging and collusion will go to jail! ! It is forbidden to collude in recruiting three illegal identification standards!

Engineers should pay attention to it: there are a lot of news about collusive bidding recently. If it is serious, people who know it should be very clear that collusive bidding is very risky. Let's learn the following example from Bian Xiao. Bid rigging and bid rigging will go to jail! ! It is forbidden to collude in recruiting three illegal identification standards!

Bid rigging and collusion will go to jail! ! It is forbidden to collude in recruiting three illegal identification standards!

I. Overview of the case

1, 20 17 In February, the defendant Zhou Qing learned that the highway project from Taipingji to Forestry Team in this city (X096) was under tender, so he asked the defendant Xu Lei to borrow three companies recruited by Xu Lei to participate in the tender;

2. Zhou Qing found that the defendant was lofty. In order to improve the chances of winning the bid, Gao Yuan contacted eight companies recruited by others to participate in the bidding.

3. Gao Yuan asked the defendant He Aizhen to borrow the qualifications of other companies to participate in the bidding, and paid him a benefit fee of 60,000 yuan. He Aizhen contacted four companies;

4. Before bidding, Zhou Qing and Gao Yuan determine the bidding quotation of each company through consultation, and let other companies participate in bidding according to the predetermined quotation.

5. After the above-mentioned 15 companies submitted their bids, the bids of six of them were deemed invalid after being examined and found unqualified. After the audit of the bidding department, 83 companies were finally shortlisted for this bidding activity.

6. In the process of collusive bidding, many people involve "benefit fee" and "bid bond".

Second, winning the bid

2065438+The project was opened on February 23rd, 2007, and an engineering company in Quanlong Road, Henan Province won the bid at the price of 4141313.06 yuan. An engineering company in Jiuding Road, Zhengzhou won the bid for the second bid at the price of 4115313.55438+0 yuan. After the incident, the bidding department will declare the bidding activity invalid.

These include:

An engineering company in Quanlong Road, Henan Province was recruited by the defendant Gao Yuan himself;

An engineering company in Jiuding Road, Zhengzhou City was contacted by the defendant Peng, and the defendants Chen Fangyou and Wang Zongcheng recruited (agreed to charge a benefit fee of 12000 yuan) * * * (the company contacted by the defendant He Aizhen).

Third, the verdict

1. Defendant Zhou Qing was convicted of colluding in bidding, sentenced to 10 months' imprisonment, suspended for one year and fined 600,000 yuan; (The term of imprisonment shall be counted from the date of execution of the judgment. )

2. Defendant Gao Yuan committed the crime of colluding in bidding and was sentenced to six months' imprisonment, suspended for one year and fined 500,000 yuan; (The term of imprisonment shall be counted from the date of execution of the judgment. )

3. Defendant Jiang Fei was guilty of colluding in bidding and fined 400,000 yuan;

4. Defendant He Aizhen committed the crime of colluding in bidding and was fined 300,000 yuan; (The fine shall be paid within ten days after the judgment takes effect. )

5. Defendant Xu Lei committed the crime of colluding in bidding and was fined 300,000 yuan;

6. Defendants Chen Fangyou, Tang Xuanxuan, and Wang Junfeng committed the crime of colluding in bidding and were fined 200,000 yuan;

7. Defendant Zhou Peili committed the crime of colluding in bidding and was fined150,000 yuan; (The fine shall be paid within ten days after the judgment takes effect. )

8. Defendant Weng Liang Fang was guilty of colluding in bidding and fined120,000 yuan;

9. Defendants Wang Zongcheng and Peng committed the crime of colluding in bidding and were fined100000 yuan;

10. The money returned by the defendants He Aizhen, Chen Fangyou, Tang Xuanxiang, Wang Junfeng and Zhou Peili was confiscated and turned over to the state treasury.

30 collusive recruitment illegal identification standards

1. Bidders bid in collusion with each other.

Negotiate the substantive contents of bidding documents such as bidding quotation among bidders;

The winning bidder is agreed between bidders;

It is agreed between bidders that some bidders will give up bidding or win the bid;

Bidders belonging to the same group, association, chamber of commerce and other organizations shall cooperate in bidding according to the requirements of the organization;

The bidding documents have passed the prequalification, and the bidders have passed the prequalification but do not participate in the bidding without justifiable reasons;

If electronic bidding is adopted, the bidding documents shall be downloaded or uploaded from the IP address of the same bidder or the same natural person;

Bidders mutually agree to compensate the unsuccessful bidder's expenses;

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

The bidding documents of different bidders are compiled by the same unit or individual;

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

The project management members specified in the bidding documents of different bidders are the same person;

The bidding documents of different bidders are unusually consistent or the bidding quotations are regularly different;

The bidding documents of different bidders are confused with each other;

The bid bond of different bidders is transferred from the account of the same unit or individual.

2. The tenderee or tendering agency colludes with the bidder in bidding.

Open the bidding documents before bid opening and disclose relevant information to other bidders;

Directly or indirectly disclose the pre-tender estimate, members of the bid evaluation committee and other information to bidders;

Express or imply that the bidder reduces or increases the bid price;

Instruct the bidder to replace or modify the bidding documents;

Express or imply that the bidder provides convenience for a specific bidder to win the bid;

There are obvious tendentious clauses in the tender announcement, tender documents and qualification examination documents, which are tailored for specific bidders;

Before the bid opening, conduct substantive negotiations with bidders on the project subject to tender;

In the same project, a bidding agency not only provides bidding agency service for the tenderer, but also provides bidding consultation for bidders or provides consultation for more than two (including two) bidders at the same time;

In the process of bid evaluation, in order to make a specific bidder win the bid, the bid evaluation committee is guided by obvious tendency;

Instruct, imply or force the successful candidate recommended by the bid evaluation committee to give up winning the bid;

Agree with the winning bidder to compensate other unsuccessful bidders;

Other collusive acts between the tenderee or tendering agency and the bidders for seeking the bids of specific bidders.

3. Recruitment

Unqualified units or individuals borrow the qualifications of other construction (supervision) units to undertake projects;

Qualified construction units borrow qualifications from each other to undertake projects, including those with low qualifications, high qualifications and low qualifications with the same qualifications;

Other recruitment behaviors stipulated by laws and regulations.

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