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Information Announcement of the Ministry of Finance: Suppliers were fined for malicious collusion

author:China Procurement & Tendering Network

On May 31, 2024, the Ministry of Finance issued 28 government procurement information announcements (Nos. 2325 to 2352), of which 19 were announcements on the results of complaint handling and 9 were announcements on the results of administrative penalties. Among them, the matters questioned in the 11 information announcements, namely No. 2329, No. 2330, No. 2331, No. 23344, No. 2344, No. 2344, No. 2341, No. 2342, No. 2343, No. 2344, No. 2348, and No. 2349, were all rejected or invalidated.

In the No. 2325 Information Announcement, the Ministry of Finance found that Taiyuan Company had "malicious collusion" and "providing false materials to seek a deal" in the process of handling the letter from the purchaser of the "Construction Project of the Zhenkang Law Enforcement and Case Handling Center of the Lincang Border Management Detachment of the Yunnan Entry-Exit Border Inspection General Station of the People's Republic of China" (Project No.: LCZD202322) in accordance with the law. In accordance with the provisions of Article 77, Paragraph 1 (1) and (3) of the "Government Procurement Law of the People's Republic of China" and Article 74 (3) of the "Regulations for the Implementation of the Government Procurement Law of the People's Republic of China", the Ministry of Finance decided to impose an administrative penalty of a fine of 25,601.7 yuan on Thai Yuan Company, included it in the list of bad behavior records, and banned from participating in government procurement activities for three years.

In Information Announcement No. 2326, the Ministry of Finance found that Linrun Company had "malicious collusion" and "providing false materials to seek a deal" in the process of handling the letter from the purchaser of the "Construction Project of the Zhenkang Law Enforcement and Case Handling Center of the Lincang Border Management Detachment of the Yunnan Entry-Exit Border Inspection General Station of the People's Republic of China" (Project No.: LCZD202322) in accordance with the law. In accordance with the provisions of Article 77, Paragraph 1 (1) and (3) of the Government Procurement Law of the People's Republic of China and Article 74 (3) of the Regulations for the Implementation of the Government Procurement Law of the People's Republic of China, the Ministry of Finance decided to impose a fine of 25,454.9 yuan on Linrun Company, included it in the list of bad behavior records, and prohibited from participating in government procurement activities for three years.

In Information Announcement No. 2327, the Ministry of Finance found that Shuangrun Company had "malicious collusion" and "providing false materials to seek a transaction" in the process of handling the letter from the purchaser of the "Zhenkang Law Enforcement and Case Handling Center Construction Project of the Lincang Border Management Detachment of the Yunnan Entry-Exit Border Inspection General Station of the People's Republic of China" (Project No.: LCZD202322) in accordance with the law. In accordance with the provisions of Article 77, Paragraph 1 (1) and (3) of the Government Procurement Law of the People's Republic of China and Article 74 (3) of the Regulations for the Implementation of the Government Procurement Law of the People's Republic of China, the Ministry of Finance decided to impose a fine of 25,510 yuan on Shuangrun Company, included it in the list of bad behavior records, and banned from participating in government procurement activities for three years.

In the No. 2328 Information Announcement, the Ministry of Finance found that Yingbo Company had "malicious collusion" and "providing false materials to seek a deal" in the process of handling the letter from the purchaser of the "Construction Project of the Zhenkang Law Enforcement and Case Handling Center of the Lincang Border Management Detachment of the Yunnan Entry-Exit Border Inspection General Station of the People's Republic of China" (Project No.: LCZD202322). In accordance with the provisions of Article 77, Paragraph 1 (1) and (3) of the Government Procurement Law of the People's Republic of China and Article 74 (3) of the Regulations for the Implementation of the Government Procurement Law of the People's Republic of China, the Ministry of Finance decided to impose a fine of 25,480 yuan on Yingbo Company, which was included in the list of bad behavior records and prohibited from participating in government procurement activities for three years.

In Information Announcement No. 2332, the complainant filed a complaint with the Ministry of Finance because he was dissatisfied with the agency's response to the project. Complaint 1, the agency issued the bidding documents in accordance with the law; Complaints 2 and 3, part of the bidding documents require the exclusion of potential suppliers. The Ministry of Finance investigates and makes a decision on the handling in accordance with the law. According to the provisions of Article 29 (1) and (2) and Article 31 of the Measures for Questioning and Complaining about Government Procurement (Decree No. 94 of the Ministry of Finance), Complaint Item 1 is established, and Complaint Items 2 and 3 are not established. Order the agency to rectify the issue of the time for issuing the bidding documents within a time limit.

In Information Announcement No. 2333, the complainant filed a complaint with the Ministry of Finance because he was dissatisfied with the agency's response to the project. Complaints 1-3 are: the purchaser and the agency have violated laws and regulations in the procurement activities of this project, which affects the fairness and justice of the procurement activities. The Ministry of Finance investigates and makes a decision on the handling in accordance with the law. According to the provisions of the second paragraph of Article 32 of the Measures for Questioning and Complaining about Government Procurement (Decree No. 94 of the Ministry of Finance), the complaint items 1-3 are established, and the scrapping of the bid is invalid. Order the purchaser and the agency to make corrections within a time limit on the unreasonable preparation of bidding documents and the abolition of bids in violation of regulations.

In Information Announcement No. 2335, the complainant filed a complaint with the Ministry of Finance because he was dissatisfied with the agency's response to the project. The complaint is that the content of the agency's correction announcement is inconsistent with the content of the response to the question, and the content of the announcement process required to be implemented after the modification is illegal. The Ministry of Finance investigates and makes a decision on the handling in accordance with the law. According to the provisions of Article 29 (2) and Article 31 of the Measures for Questioning and Complaining about Government Procurement (Decree No. 94 of the Ministry of Finance), the complaint is partially established, but it does not affect the procurement results.

In the No. 2336 information announcement, the Ministry of Finance found that Guangzhou Yinaijing Washing Equipment Manufacturing Co., Ltd. had "provided false materials to win the bid" in the process of handling complaints about the "Zigong Fire and Rescue Detachment Combat Logistics Support Special Equipment Procurement Project" (Project No.: SCHX20230926-025) in accordance with the law. In accordance with the provisions of Article 77, Paragraph 1 (1) of the Government Procurement Law of the People's Republic of China, the Ministry of Finance decided to impose a fine of 3,133 yuan on Guangzhou Yinaijing Washing Equipment Manufacturing Co., Ltd., which was included in the list of bad behavior records and prohibited from participating in government procurement activities for one year.

In Information Announcement No. 2337, the complainant filed a complaint with the Ministry of Finance because he was dissatisfied with the agency's response to the project. Complaint 1, the agency issued the bidding documents in accordance with the law; Complaint 2, the qualification document of the bidding documents requires the exclusion of potential suppliers. The Ministry of Finance investigates and makes a decision on the handling in accordance with the law. According to the provisions of Article 29 (1) and Article 31 of the Measures for Questioning and Complaining about Government Procurement (Decree No. 94 of the Ministry of Finance), Complaint Item 1 is established, and Complaint Item 2 is invalid.

Source: Government Procurement Information