Collusive bidding is the abbreviation of collusive bidding, which is an illegal act listed in criminal law. It has an identifiable object of infringement and an operable identification standard. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. Bidding is group bidding, which is a competitive strategy. The average price (arithmetic average) of all group members is close to or the same as the bid price of a member, which helps the member win the bid. This kind of behavior does not belong to the illegal behavior defined in the government procurement laws and regulations system. Accompanying bidding is common in government procurement projects, and sometimes the purpose is to avoid the failure of bidding activities due to the lack of three qualified suppliers at the time of bid opening. This strategy is malicious and difficult to define, and it is an irregular bidding response behavior.
The producer of colluding bidding documents belongs to the same crime, but the specific sentencing will change according to the specific circumstances of the case. Generally speaking, the legal representative and the principal responsible person bear individual criminal responsibility. Of course, if other employees are involved, they may also be convicted. However, from the point of view of the same crime, he is an accessory and will be given a lighter or mitigated punishment with reference to the principal offender.
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.
Penalties and judgments for bid rigging:
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. If bidders collude with each other in bidding quotation and harm the interests of the tenderee or other bidders, if the circumstances are serious, it is a crime of colluding in bidding.
1. A natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
2. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the above provisions.
legal ground
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.