If the escort is found, who will be responsible?

If it is found that the bid escort is involved, it shall bear corresponding legal responsibilities to the bid escort unit, the person in charge directly responsible for the unit and other directly responsible personnel. The so-called accompanying bid means that before a project enters the bidding procedure, the tendering unit has already determined the intentional unit, and then the intentional unit will contact other relevant units to participate in the bidding according to the relevant requirements of the bidding procedure, so as to ensure that the intentional unit can achieve the purpose of winning the bid, that is, collude with each other.

Legal analysis

According to the contents of relevant national laws and regulations, it can be known that it is illegal to accompany the bid. The legal responsibilities of the bidder, relevant responsible person and directly responsible person are as follows: 1. First, administrative responsibility. There is collusion between bidders in bidding, and if the bidder has illegal income, the illegal income shall be confiscated. If the circumstances are serious, the bidding qualification of the unit to participate in the project subject to tender according to law shall be cancelled within one to two years, and it shall be announced until the business license of the unit is revoked by the administrative department for industry and commerce; The person in charge directly responsible for the unit and other directly responsible personnel shall be fined more than 5% 10% of the unit fine. 2. Secondly, we should bear civil liability. If there is collusion in bidding and other acts, causing losses to others, the actor shall bear the relevant civil liability for compensation. Finally, you need to bear criminal responsibility. If the perpetrator constitutes a crime, he will be investigated for criminal responsibility according to law; That is to say, if bidders collude with each other in bidding quotation and damage the interests of the tenderee or other bidders, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.

legal ground

Article 54 of the Bidding Law of People's Republic of China (PRC), if a bidder bids in the name of others or cheats in other ways to win the bid, its bid will be invalid, and if losses are caused to the tenderer, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. If the bidder of a project subject to tender according to law commits one of the acts listed in the preceding paragraph, which does not constitute a crime, he shall be fined between 0.5% and 0. 10% of the winning project amount, and the person in charge directly responsible for the unit and other directly responsible personnel shall be fined between 0.5% and 0. 10% of the unit fine amount; 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 three years, and shall be announced until its business license is revoked by the administrative department for industry and commerce.