The unreasonable competitive behavior in engineering bidding is also called collusion bidding. It refers to the act of using unreasonable means between the tenderer and the tenderer or between the tenderer and the tenderer, stopping collusion on the tendering matters, excluding other competitors or damaging the interests of the tenderer, so that a certain stakeholder wins the tender in order to achieve the interests. The unreasonable competition behavior in engineering bidding includes two aspects: the suspension of collusion between bidders and bidders and the suspension of collusion between bidders, which have different manifestations.
(1) The bidder and the tenderer cease to collude with each other and execute the act of excluding competitors from fair competition: before opening the tender publicly, the tenderer opens the tender and informs other tenderers of the tender status, or assists the tenderer to withdraw the tender and change the quotation; the tenderer discloses the tender base to the tenderer; the tenderer and the tenderer agree to lower or raise the tender price at the time of tendering. After bidding, additional compensation will be given to the tenderer or the tenderer; the tenderer pre-qualifies the winning bidder, and decides on the choice when confirming the winning bidder; and other collusive bidding behavior between the tenderer and the tenderer.
(2) Collusive bidding and tendering among bidders: mutual agreement among bidders, divergence to elevate or depress the bidding quotation; mutual agreement among bidders, winning bids at high or low prices in turn in the bidding project; suspension of internal bidding among bidders, internal determination of the winning bidder, and then participation in bidding; and other collusive bidding among bidders.
If the above-mentioned acts are found in the bidding activities, the bidding and invitation management department shall stop investigating and collecting evidence. Once the unreasonable competitive acts are identified, they shall be punished in accordance with the rules. The procedure of identifying unreasonable competition behavior can be objected by the bidder or bidder who questioned the result and process of bidding. The competent department suspends the investigation and evidence collection. That is to say, the main body of the evidence collection and identification of unreasonable competition behavior is to set up the engineering bidding management office at all levels and the competent department at all places.
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