A tenderer who commits one of the following acts shall restrict or exclude potential bidders or bidders with unreasonable conditions:
1. Provide different project information to potential bidders or bidders of the same project subject to tender;
2. The qualification, technology and business conditions set are not suitable for the specific characteristics and actual needs of the project subject to tender or have nothing to do with the performance of the contract;
3, according to the law, the project must be subject to tender with the performance of a specific administrative region or a specific industry, awards as a plus condition or winning conditions;
4. Adopt different qualification examination or evaluation criteria for potential bidders or bidders;
5. Restrict or designate specific patents, trademarks, brands, countries of origin or suppliers;
6. Illegal restrictions on the ownership or organizational form of potential bidders or bidders for projects that must be subject to tender according to law;
7. Restrict or exclude potential bidders or bidders with other unreasonable conditions.
In any of the following circumstances, bidders collude with each other in bidding:
1, the substantive contents of the bidding documents such as the bidding quotation negotiated between bidders;
2. The winning bidder is agreed between bidders;
3. It is agreed between bidders that some bidders will give up bidding or win the bid;
4. Bidders belonging to the same group, association, chamber of commerce, etc. Should cooperate with the bidding according to the requirements of the organization;
5. Other joint actions taken by bidders to win the bid or exclude specific bidders.
To sum up, the tender document is a responsive document prepared by the bidder according to the requirements of the tender document, which generally consists of business documents, technical documents, quotation documents and other parts. Whoever, in violation of relevant regulations, divulges confidential information and materials related to bidding activities, or colludes with tenderers and bidders to harm national interests, social interests or the legitimate rights and interests of others, shall be punished in accordance with relevant laws.
Legal basis:
Article 50 of the Bidding Law of People's Republic of China (PRC)
A procuratorial agency that, in violation of the provisions of this Law, divulges information and materials related to tendering and bidding activities that should be kept confidential, or colludes with tenderers and bidders, thus harming the national interests, social interests or the legitimate rights and interests of others, shall be fined not less than 50,000 yuan but not more than 250,000 yuan; 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; Illegal income, confiscate the illegal income; If the circumstances are serious, it is forbidden to act as an agent for projects that must be subject to tender according to law within one to two years and make an announcement until the business license is revoked by the administrative department for industry and commerce; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.
If the acts listed in the preceding paragraph affect the result of winning the bid, the bid will be invalid.