For projects that must be subject to tender, the tenderer shall be ordered to make corrections within a time limit, or re-tender and re-evaluate, and a fine of 50,000 yuan to 200,000 yuan shall be imposed; The person in charge directly responsible for the unit and other directly responsible personnel shall be fined between 2000 yuan and 20 thousand yuan; If it belongs to a state-owned capital investment or state-financed project, the injection of project funds may be suspended: (1) Failing to perform the examination and approval procedures of the bidding scheme or failing to conduct bidding according to the approved bidding scheme; (two) the project should be open to tender by invitation; (3) The pre-qualification documents and tender documents do not specify the bid evaluation standards, methods and detailed rules, or provide the bid evaluation standards, methods and detailed rules inconsistent with the pre-qualification documents or tender documents to the qualification examination committee and bid evaluation committee; (4) Inviting unqualified bidders to participate in bidding; (5) Examining the qualifications of bidders or limiting the number of bidders by drawing lots or shaking numbers; (six) the state-owned capital investment or state financing of the project construction or goods bidding did not implement the maximum price; (seven) should be re tender, not re tender; (eight) the establishment of the pre-qualification committee and the bid evaluation committee is not in conformity with the relevant provisions. In violation of the provisions of this Ordinance twentieth, shall be punished according to the provisions of the first paragraph of this article. Where laws and administrative regulations provide otherwise, such provisions shall prevail. The tenderer shall be liable for compensation for economic losses caused to the bidder by re-tendering or re-determining the winning bidder. If the contract has been partially performed, and the re-tendering or re-determination of the winning bidder may cause great harm to the public interest, the tenderer may not be ordered to re-tender or re-determine the winning bidder, and the penalty shall be imposed according to the upper limit of the fine stipulated in the first paragraph of this article.
Legal objectivity:
Unfair competition in project bidding, also known as collusive bidding, refers to the behavior of bidders who violate the provisions of Article 15 of China's Anti-Unfair Competition Law: bidders collude in bidding to raise or lower the bid price, and bidders collude with bidders to crowd out competitors for fair competition. The Interim Provisions on Prohibiting Collusion in Bidding and Bidding issued by the State Administration for Industry and Commerce on June 5438+0998+ 10 divides collusion in bidding and bidding into two categories according to its actual performance: 1) Bidders unanimously agree to raise or lower the bidding price, or win the bid with high price or low price in turn in a bidding project. 2) Bidders collude with each other in bidding, and some bidders conduct private transactions by improper means in the bidding activities, which makes the bidding a mere formality, which is the same as the behavior that harms the national interests, social public interests or the legitimate rights and interests of others. The main forms of collusion between bidders listed in the Interim Provisions on the Prohibition of Collusion in Bidding and Bidding include: the bidder opens the bid before the public opening, informs other bidders of the bidding situation, or assists bidders to change their bids and quotations; The tenderer discloses the pre-tender estimate to the bidder; Bidders and bidders agree to reduce or increase the bid price when bidding, and then give additional compensation to bidders or bidders after winning the bid; The tenderer determines the winning bidder in advance so as to decide whether to accept or reject it when determining the winning bidder; Other collusive bidding behaviors between the tenderee and the bidder. An important function of market competition mechanism is to accurately reflect the relationship between market supply and demand, optimize the allocation of resources and guide operators to make correct decisions. Because collusive bidding is to seek excess profits by restricting competition. Therefore, it not only directly harms the legitimate rights and interests of bidders, but also harms the interests of bidders, hinders the due function of the competition mechanism, misleads production and consumption, is not conducive to the development of social productive forces, and also encourages the spread of corruption. Due to the existence of collusive bidding, all units take turns to win the bid, so the owner can't really choose the winning unit and control the project cost to the lowest level, which can't guarantee the construction period, quality and cost of the project, resulting in a great waste of social resources. It is precisely because of the great harm of collusive bidding that the ingenious provisions of China's Anti-Unfair Competition Law stipulate that bidders shall not collude in bidding to raise or lower the bid price; Bidders and bidders shall not collude with each other to crowd out the fair competition of competitors. Article 27 stipulates that the winning bid of the above two forms of collusive bidding is invalid. The supervision and inspection department may impose a fine of 1 10,000 yuan but not more than 200,000 yuan according to the circumstances.