The Qinghai Provincial Department of Housing and Urban-Rural Development, the Qinghai Provincial Public Security Department, and the Qinghai Provincial Government Services and Supervision Administration recently jointly issued the "Measures for the Identification and Handling of Illegal Acts Such as Collusive Bidding in Housing Construction and Municipal Infrastructure Projects in Qinghai Province," which specify 37 specific acts of collusive bidding.
Among them, six circumstances constitute collusive bidding among bidders:
1. Bidders negotiate the substantive content of bid documents, such as bid prices, with one another;
2. Bidders agree among themselves on the winning bidder;
3. Bidders agree among themselves that some bidders will withdraw from bidding or from winning the bid;
4. Bidders who are members of the same group, association, chamber of commerce, or other organization coordinate their bidding in accordance with the requirements of that organization;
5. Bidders agree among themselves to provide compensation to bidders who do not win;
6. Other joint actions taken by bidders among themselves to obtain the winning bid or to exclude specific bidders.
Twelve circumstances are deemed collusive bidding among bidders:
1. The bid documents of different bidders are prepared by the same entity or individual;
2. In electronic bidding, the bid documents of different bidders are prepared, printed, copied, encrypted, or uploaded by the same electronic device; or the hardware information recorded in the electronic bid documents, such as the network card (MAC) address, CPU serial number, and hard disk serial number, has more than one identical item, and no reasonable explanation can be provided;
3. In electronic bidding, the QHGZTB electronic documents of the bill of quantities in the electronic bid documents record the same serial number of the pricing software used for editing, or the recorded hardware information such as the network card (MAC) address, CPU serial number, and hard disk serial number has more than one identical item, and no reasonable explanation can be provided;
4. In electronic bidding, the bidding documents are downloaded from the same IP address of the same bidding entity or the same natural person, or the IP addresses for uploading bid documents are the same, and no reasonable explanation can be provided;
5. Different bidders entrust the same entity or individual to handle bidding matters;
6. The project management personnel stated in the bid documents of different bidders are the same person;
7. The bid documents of different bidders are abnormally consistent or the bid prices show regular differences; the total bid prices of different bidders are similar while their itemized prices and comprehensive unit prices are chaotic, cannot correspond to one another, are arbitrarily adjusted, lowered, or raised, and no reasonable explanation can be provided or no calculation basis or pricing basis can be provided;
8. The bid documents (including electronic materials) of different bidders are mixed together;
9. The substantive content of the bid documents of different bidders contains more than two errors or omissions, and the erroneous or omitted content is identical;
10. The bid bonds of different bidders are transferred from the account of the same entity or individual;
11. After consultation among themselves, the **winning candidate** publicized as the winning bidder or the winning bidder who has received the notice of award and other winning candidates abandon the winning bid without justified reason or fail to sign a contract with the tenderee in accordance with regulations;
12. Other collusive bidding acts stipulated by laws and regulations.
If collusive bidding is suspected of any of the six circumstances, relevant case clues shall be transferred to the public security organ at the same level, and the public security organ shall file a case for prosecution:
1. Harming the lawful interests of the tenderee, bidders, or the state, collective, or citizens, causing direct economic losses of more than 500,000 yuan;
2. The amount of illegal gains is more than 200,000 yuan;
3. The amount of the winning project is more than 4 million yuan;
4. Using illegal means such as threats, deception, or bribery;
5. Although the above amount standards are not reached, having been subject to administrative penalties more than twice for collusive bidding within 2 years and again engaging in collusive bidding;
6. Other circumstances of a serious nature.
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