(1) automatically screening whether different bidding documents are made by the same computer;
(2) automatically calculate the summary score to assist the bid evaluation experts in judging whether to bid around;
(3) All links are traceable, all data are automatically filed, and the whole process can be traced, which can realize dynamic monitoring, real-time early warning, intelligent assistance and whole process recording.
What collusion is easy to be seen through?
The bidding documents are identical, such as the same format, the same font and the same table color.
In the tender documents, the mistakes are consistent.
In electronic bidding, the IP addresses registered by different bidders are the same, or the IP addresses are in a specific area.
The bidding documents of different bidders are compiled by the same computer or printed by the same auxiliary equipment.
The binding form, thickness and cover of bidding documents are similar or even the same.
In the bidding documents of one bidder, the document with the name of another bidder is bound, for example, the signature of another legal representative or authorized agent appears and the official seal of another bidder is stamped.
The bidder's representative doesn't know the telephone number of the company boss.
Different bidders sat in the same car before the bid opening, talking and laughing, but pretended not to know each other at the bid opening site.
The total bid price of different bidders is unusually consistent, or extremely different, or changes regularly.
The total quotations of different bidders are similar, but the quotations of each item are unreasonable and there is no reasonable explanation.
The winning bidder intentionally cancels or abandons the bid or fails to sign a contract with the tenderer as required without justifiable reasons.
Deliberately making invalid bidding documents in accordance with the invalid bidding clauses stipulated in the bidding documents.
After the bidder has participated in the registration for three times or more within one year and purchased the bidding documents, it will no longer submit the bidding documents or attend the bid opening meeting.
Before the deadline for submission of bid documents, several bidders issued statements to withdraw their bid documents almost at the same time.
The bid bonds of different bidders shall be paid through the same account.
Multiple bidders use the bid guarantee issued by the same person or enterprise.
The after-sales service terms are the same.
Deliberately omitting the signature of the legal representative.
The signature of the legal representative in the bidding documents comes from the same person.
The whole process of electronic bidding brings convenience to tenderers and bidders, but it also inevitably breeds illegal activities.
The following are some rules and regulations selected by this platform about bid manipulation in electronic bidding. I hope every bidder will keep the rules in mind and act like Fiona Fang.
Measures of Jiangsu Province for the Administration of Bidding for State-owned Capital Investment in Construction Projects
Eighteenth bidders in the bidding process in any of the following circumstances, as bidders bid in collusion with each other:
(1) The electronic bidding documents of different bidders come from the same computer;
(two) the bidding documents of different bidders are printed and copied by the auxiliary equipment of the same bidder;
(3) The bidding quotations of different bidders are compiled by the same password lock of the budget software or from the same electronic document;
(four) although the bid bonds of different bidders are transferred out through the bidders' own basic account, the funds needed are all from the accounts of the same unit or individual;
(five) there are more than two consistency errors in the bidding documents prepared by different bidders;
(six) other acts stipulated by laws, regulations and rules.
Guiding Opinions of Fujian Province on Similarity Identification and Handling of Electronic Bidding Documents for Construction Projects
One, the electronic bidding documents of different bidders in any of the following circumstances, as the electronic bidding documents are identical:
(1) Hardware information such as MAC address of network card, serial number of CPU and serial number of hard disk uploaded by different bidders to the computer are the same (except for uploading electronic bidding documents at the bid opening site), so it shall be deemed that different bidders entrust the same unit or individual to handle bidding matters in Paragraph 2 of Article 40 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC).
(2) The serial number of one or more encryption locks of pricing software recorded in the XML electronic document of priced bill of quantities of different bidders is the same, or the MAC address (if any), CPU serial number and hard disk serial number of one or more computer network cards in the recorded hardware information are the same (except that the software and hardware information are the same before the bidding control price XML format file or the pricing software version result file is released). Or the computer hardware information of electronic bidding documents of different bidders (except XML electronic documents of priced bill of quantities) has the same MAC address (if any), CPU serial number and hard disk serial number of one or more computer network cards, it shall be deemed that the bidding documents of different bidders specified in Item (1) of Article 40 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) are compiled by the same unit or individual.
(3) Check and analyze the technical documents of different bidders through the electronic bidding trading platform, and if the contents are unusually consistent or substantially the same, it shall be deemed as "the bidding documents of different bidders are unusually consistent" as stipulated in Item (4) of Article 40 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC).
If the electronic bidding documents of different bidders are the same, the bid evaluation committee shall reject their bids in accordance with the bid evaluation methods and standards stipulated in the tender documents, and the tenderee shall confiscate their bid bond in accordance with the provisions of the tender documents.
Interim Measures for the Identification and Handling of Collusion in Bidding for Housing Construction and Municipal Infrastructure Projects in Yunnan Province
Article 4 A tenderer or a tendering agency shall be deemed to have colluded with bidders in bidding for construction projects in any of the following circumstances:
(a) to open the tender documents before the prescribed bid opening time, and transmit the tender information to other bidders of the project;
(2) Assist the bidder to replace the bidding documents or change the quotation (including modifying the relevant data of electronic bidding documents) after the specified deadline for submission of bidding documents;
(3) disclosing the name, quantity or contact information of bidders, the pre-tender estimate, the list of members of the pre-qualification committee or the bid evaluation committee, the pre-qualification or bid evaluation, and other matters that should be kept confidential from the interested parties in the tender;
(four) before the bid-winning notice is issued, substantive negotiations are held with the bidders on the project subject to tender, or the bidding price is reduced or increased by agreement with the bidders, and additional compensation is given to the bidders or tenderers after winning the bid;
(five) before the end of the bid evaluation, the winning bidder is determined in advance, or obvious tendentious clauses are set in the bidding documents, or tendentious guidance is provided to the bid evaluation committee;
(six) to provide consulting services affecting fair competition for bidders participating in the bidding of construction projects or to produce bidding materials for them;
(seven) organizing or assisting bidders to bid in collusion;
(8) It is found that there are legal representatives, entrusted agents, project managers, project leaders, project leaders, etc. of different bidders. Social insurance paid by the same unit has not stopped, but agreed to continue to participate in bidding;
(9) It is found that the same person or multiple interested parties take the enterprise information of two or more bidders to participate in the qualification examination and obtain the bidding information, or participate in the bidding question-and-answer meeting on behalf of two or more bidders, pay or refund the bid bond, open the bid, and agree to continue to participate in the bidding without stopping the bidding;
(ten) in the qualification examination or bid opening, it is found that the bidding materials (including electronic materials) of different bidders are mixed with each other, but they agree to pass the qualification examination or continue to participate in the bid evaluation;
(eleven) the tenderer and the bidder entrust the same cost consulting company or bidding agency or the same practitioner to provide consulting or agency services;
(twelve) in the same construction project bidding activities, the bidding agency not only provides bidding agency services for the tenderee, but also provides consultation for the bidders participating in the project;
(thirteen) in addition to the tender documents, the tenderer or tendering agency and the bidder agreed to compensate other bidders who did not win the bid;
(fourteen) in the bid evaluation, the tendency to guide the bid evaluation committee or interfere with the normal bid evaluation order without reason;
(fifteen) instigating, implying or forcing the successful candidate recommended by the bid evaluation committee to give up bidding;
(sixteen) other acts of collusion as prescribed by laws and regulations.
Measures of Shanghai Municipality on the Administration of Bidding for Construction Projects
Article 24 (It is deemed that bidders bid in collusion with each other)
Bidders in the bidding process have one of the following circumstances, verified, as bidders bid in collusion with each other:
(a) there are more than two errors in the bidding documents prepared by different bidders;
(two) different bidders use the same computer or the same encryption tool to prepare the bidding documents;
(3) Bidding documents of different bidders are collected from the same bidder or distributed by the same bidder;
(four) staff who participate in the bidding activities of other bidders in the same bid;
(five) other joint actions taken by bidders to win the bid or exclude specific bidders.
Measures of Yiwu Municipality on the Administration of Bidding for Construction Projects
Article 47 In any of the following circumstances, it shall be regarded as collusive bidding. In the process of bid evaluation, if it is confirmed by the collective vote of the bid evaluation committee, it can be directly invalidated and submitted to the relevant administrative departments for punishment according to law:
(a) the contents of the bidding documents of different bidders are abnormal and consistent;
(2) The errors and omissions in the bidding documents of different bidders are consistent;
(3) The bidding quotation or quotation composition of different bidders is unusually consistent or changes regularly; (four) the bidding documents of different bidders are compiled by the same unit or individual;
(five) the same person appears in the project management team members specified in the bidding documents of different bidders;
(six) the bidding documents of different bidders are mixed with each other;
(seven) the bidding documents of different bidders are compiled by the same computer or printed by the same auxiliary equipment;
(eight) different bidders entrust the same person to handle the tender matters or different bidders and the same bidder joint bid;
(nine) different bidders use the same person or enterprise funds to pay the counter guarantee of bid bond or bid guarantee;
(10) Other collusive bidding situations identified by the bid assessment committee.
12 collusive bidding routines, illegal!
Bidder's practice
The tenderer colludes with the bidder in bidding.
1. Leakage law
Revealing the bidding information of other bidders.
Leaking the list of key personnel such as pre-tender estimate, bid evaluation, membership list of qualification examination committee or bid evaluation committee.
2. Special customization method
For a bidder, the "tailor-made" clause with obvious tendency is used to control the bidding.
Before bidding, conduct "substantive negotiations" with suppliers.
After the deadline for submission of bidding documents, bidders are allowed to supplement, replace or modify the bidding documents and change the quotation (including modifying the relevant data of electronic bidding documents).
play games
The winning bidder has been determined in advance, and bidders are organized to collude in bidding to lower or raise the bidding price.
The tenderer will split an established tender into multiple tenders, and then arrange the default winning bidder in different tenders, so that the interests of all parties will be shared.
Let bidders make separate agreements with the tendering agency, such as compensating other bidders who have not won the bid.
The tenderer instructs its unqualified companies to negotiate with qualified companies and bid in the name of qualified companies. After winning the bid, the unqualified company will perform the contract.
4. Inciting suggestion method
Instruct, imply or force the bid evaluation committee to give tendentious guidance.
Instruct the bidding agency to provide assistance to the default winning bidder and treat it differently.
5. Price method
By fraudulent means, we won the bid at a low price far below the cost price, and then in the implementation of the project, we increased the final settlement price by changing the service volume and other means.
pretend not to know
The tenderer found a representative of bidders and signed the names of multiple bidders on the bid opening record, but did not stop it.
The tenderer found that the legal representatives, entrusted agents, project leaders, project leaders and other personnel of different bidders did not stop paying social insurance in the same unit, but agreed to continue to participate in the bidding.
The tenderer turns a blind eye to the behavior that the same person or several interested parties take the enterprise information of two or more bidders to participate in the qualification examination and obtain the bidding information, or attend the bidding question-and-answer meeting on behalf of two or more bidders and agree to continue to participate in the bidding.
When the tenderee finds that the bidding materials (including electronic materials) of different bidders are mixed during the qualification examination or bid opening, it will not stop them, but agrees to pass the qualification examination or continue to participate in the bid evaluation.
When opening bids, bidders were found to have obvious signs of collusion and turned a blind eye. The bid evaluation committee also instructed the judges to continue the bid evaluation.
Bidder's routine 1. Brothers meet.
Bidders agree with each other, who wins the bid, who accompanies the bid and who cancels the bid.
Mutual agreement, price strategy and bidding strategy.
Agree with each other to compensate the unsuccessful bidder.
Generally speaking, a bidding company is a company in which the legal representatives of bidders share shares with each other; Or companies belonging to the same group, head office, association and other organizations; Or interest alliance companies.
The above behavior is hidden, but through some clues, it can also show clues!
2. Adjoint features
The total bid price of different bidders is unusually consistent, or extremely different, or changes regularly.
The total quotations of different bidders are similar, but the quotations of each item are unreasonable and there is no reasonable explanation.
The winning bidder intentionally cancels or abandons the bid or fails to sign a contract with the tenderer as required without justifiable reasons.
Deliberately making invalid bidding documents in accordance with the invalid bidding clauses stipulated in the bidding documents.
After the bidder has participated in the registration for three times or more within one year and purchased the bidding documents, it will no longer submit the bidding documents or attend the bid opening meeting.
Before the deadline for submission of bid documents, several bidders issued statements to withdraw their bid documents almost at the same time.
The bid bonds of different bidders shall be paid through the same account.
Multiple bidders use the bid guarantee issued by the same person or enterprise.
The after-sales service terms are the same.
Deliberately omitting the signature of the legal representative.
The signature of the legal representative in the bidding documents comes from the same person.
The layout is finished, but you often make some fatal details mistakes!
3. "Stupid" exposure method
The tender documents are strikingly similar, such as the same format, the same font and the same table color.
In the bidding documents, the mistakes are surprisingly consistent, even the mistakes are the same.
In electronic bidding, the IP addresses registered by different bidders are the same, or the IP addresses are in a specific area.
The bidding documents of different bidders are compiled by the same computer or printed by the same auxiliary equipment.
The binding form, thickness and cover of bidding documents are similar or even the same.
In the bidding documents of one bidder, the document with the name of another bidder is bound, for example, the signature of another legal representative or authorized agent appears and the official seal of another bidder is stamped.
The bidder's representative doesn't know the telephone number of the company boss.
The bidder's representative trembled when signing, and the name signed was inconsistent with the name on the business card.
Different bidders sat in the same car before the bid opening, talking and laughing, but pretended not to know each other at the bid opening site.
Review expert routines 1. Inaction method
If the bid evaluation experts find that the bid documents are not in conformity with the provisions of the tender documents, they will not point them out.
The bid evaluation experts find that there are obviously unreasonable quotations in the bid quotation, and they have not pointed them out.
If the review experts find that the technical part is obviously unreasonable or omitted, they will not point it out.
2. Special handling methods
The bid evaluation expert knows that he has an interest in the bidder and does not take the initiative to avoid it.
The bidder made a special mark in the hidden bid part of the bid document (probably deliberately for an expert).
When evaluating bids, the bid evaluation experts deliberately give a bidder a high score without justifiable reasons, depress the scores of other bidders, or fail to score according to the provisions of the tender documents.
Bidding, colluding and accompanying bids in the form of 12 above are illegal! The Government Procurement Law, the Regulations for the Implementation of the Government Procurement Law, the Bidding Law and other laws and regulations, as well as local documents, all stipulate the identification standards of this kind of bad behavior and how to punish it.
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