According to statistics, in June 2024, the Chinese government procurement website released a total of 87 "Information Records of Serious Illegal and Untrustworthy Acts in Government Procurement". Among them, serious illegal and untrustworthy conduct can be roughly divided into five categories: providing false materials to win bids and transactions; malicious collusion with purchasers, other suppliers or procurement agencies; refusal to sign a procurement contract with the purchaser without justifiable reasons; illegal subcontracting; Other serious illegal and untrustworthy conduct. The following categories list typical cases.
01 Provide false materials to win the bid and close the transaction
In June 2024, in the information records of serious illegal and untrustworthy acts in government procurement published on the Chinese government procurement website, there were 50 situations of providing false materials to win bids or transactions, accounting for about 57.47%, which are listed below.
Ningbo Moutu Furniture Co., Ltd. in Changshan County People's Hospital overall renovation and upgrading project - equipment procurement (medical furniture) bidding submitted 103-106 pages of business and technical documents numbered as QGW20201577 "melamine veneer multi-layer board" test report, and the testing unit Zhejiang Province Custom Home and Kitchen and Bathroom Product Quality Inspection Center issued by the number of QGW20201577 "melamine veneer multi-layer board" inspection report for comparison, found that there is tampering, Without authorization, it tampered with the entrusting unit of Ningbo Kang Furniture Co., Ltd., which issued the inspection report numbered QGW20201577 "melamine veneer multilayer board" issued by the Zhejiang Custom Home Furnishing and Kitchen and Bathroom Product Quality Inspection Center, to Ningbo Moutu Furniture Co., Ltd., tampered with the nominal trademark Mo Moushan to a baby, and tampered with the address of the entrusting unit in a certain Qi Street, Haishu District, Ningbo to a neck village in Haishu District, Ningbo. In accordance with the provisions of Article 77, Paragraph 1 (1) of the Government Procurement Law of the People's Republic of China, the Changshan County Finance Bureau imposed a fine of 13,900 yuan on him, included him in the list of bad behavior records, and banned him from participating in government procurement activities for one year.
The copy of the invoice provided by Guangzhou Moufeng Catering Service Chain Co., Ltd. in the bidding documents for participating in government procurement projects is false materials. In accordance with Article 77, Paragraph 1 (1) of the Government Procurement Law of the People's Republic of China, the Finance Bureau of Panyu District, Guangzhou City, Guangdong Province, imposed a fine of RMB 15,150 on him, included him in the list of bad behavior records, and banned him from participating in government procurement activities for one year.
02 Malicious collusion with purchasers, other suppliers or procurement agencies
In June 2024, in the information records of serious illegal and untrustworthy acts in government procurement published on the Chinese government procurement website, there were 25 cases of malicious collusion with purchasers, other suppliers or procurement agencies, accounting for about 28.74%, which are listed below.
When Suining Moutai Fire Engineering Co., Ltd. participated in the fire protection renovation project of the comprehensive building of Suining Maternal and Child Health Care and Family Planning Service Center (project number: N5109012017000867), it colluded with Suining Xingxing Fire Engineering Co., Ltd. (transaction). In accordance with Article 77 of the Government Procurement Law of the People's Republic of China, the Suining Municipal Finance Bureau imposed a fine of 50,800 yuan on him, included him in the list of bad behavior records, and banned him from participating in government procurement activities for two years.
On May 12, 2023, a Jiangjiujiu Washing Service Co., Ltd. in Taizhou City carried out malicious collusion between government procurement suppliers and other suppliers at the Public Resources Trading Center of Wenling City, Zhejiang Province. In accordance with Article 74 (7) of the "Regulations for the Implementation of the Government Procurement Law of the People's Republic of China" and Article 77, Paragraph 1 (3) of the "Government Procurement Law of the People's Republic of China", the Wenling Municipal Finance Bureau imposed a fine of 32,796 yuan on him, included him in the list of bad behavior records, and banned him from participating in government procurement activities for 30 months.
03 Refusal to sign a procurement contract with the purchaser without justifiable reasons
In June 2024, in the information records of serious illegal and untrustworthy acts in government procurement published on the Chinese government procurement website, there were 9 cases of refusal to sign procurement contracts with purchasers without legitimate reasons, accounting for about 10.34%, some of which are listed below.
On May 10, 2024, the property service procurement project (project number BBQ24C00014) of Siyuan Campus of Jiangbei Middle School was opened in the Public Resources Trading Center of Beibei District, Chongqing. In accordance with Article 72 of the Regulations for the Implementation of the Government Procurement Law of the People's Republic of China and Article 77 of the Government Procurement Law of the People's Republic of China, the Finance Bureau of Beibei District, Chongqing Municipality determined that the bid for this project was invalid, and imposed a fine of RMB 9,545 on a city property management Co., Ltd. in Shenyang, which was included in the list of bad behavior records and banned from participating in government procurement activities for one year.
Huili Chengshan Flavor Agricultural Products Sales Co., Ltd. refused to sign a government procurement contract with the purchaser without justifiable reasons after winning the bid or closing the contract in government procurement activities. In accordance with Article 72 of the Regulations for the Implementation of the Government Procurement Law of the People's Republic of China, the Huili Municipal Finance Bureau imposed a fine of RMB 152678 on him, included him in the list of bad behavior records, and banned him from participating in government procurement activities for one year.
04 Illegal subcontracting
In June 2024, among the information records of serious illegal and untrustworthy acts in government procurement published by the Chinese government procurement website, there was one illegal subcontracting, accounting for about 1.15%, which is listed below.
Outsiders Lin and Yang were affiliated with Zhejiang Zhonga Construction Co., Ltd. to participate in the consultation activities of this government procurement project. On August 29, 2022, before the start of the review, Lin Moumou and Yang Moumou learned the personal information of the review expert Chen Moumou through Wu Moumou, a staff member of an engineering project management company in Wenzhou, through the agency Wenzhou Engineering Project Management Co., Ltd. Mr. Yang contacted and promised that Mr. Chen would give a benefit fee to Zhejiang Construction Co., Ltd. after giving it a high score in the review. During the review process, Chen Moumou scored a high score on the basis of the original bid score of Zhejiang Zhongmou Construction Co., Ltd. After the review of the consultation group, it was determined that Zhejiang Zhonga Construction Co., Ltd. was the first candidate supplier for the transaction. After the review of this government procurement project, Yang Moumou, who was not involved in the case, gave Chen Moumou a cash benefit fee of RMB 28,000 and a box of moon cakes, and Lin Moumou gave Wu a cash benefit fee of RMB 20,000. After Lin and Yang won the bid (transaction) for the government procurement project, they subcontracted the government procurement contract to Ma Moumou, and the transfer fee was 390,000 yuan. In accordance with Article 77 of the Government Procurement Law of the People's Republic of China and Article 72 of the Regulations for the Implementation of the Government Procurement Law of the People's Republic of China, the Ruian Municipal Finance Bureau confiscated the illegal gains of Zhejiang Zhonga Construction Co., Ltd. of 494,900 yuan, imposed a fine of 17,722.15 yuan, included in the list of bad behavior records, and banned from participating in government procurement activities for 1 year.
05 Other serious illegal and untrustworthy conduct
In June 2024, in addition to the above four circumstances, there were 2 other serious illegal and untrustworthy acts, accounting for about 2.30%. Some of them are listed below.
Guangzhou Bridge Exhibition and Decoration Engineering Co., Ltd. was administratively punished by the Fengjie County Finance Bureau in 2023, prohibiting it from participating in government procurement activities from October 7, 2023 to October 6, 2024, and participating in the government procurement activities of the 11th Guangxi Hezhou Famous and Excellent Agricultural Products Fair (Fair) during the prohibition of participating in government procurement activities. In accordance with the provisions of Article 77, Paragraph 1 (1) of the Government Procurement Law of the People's Republic of China, the Finance Bureau of Babu District of Hezhou City imposed a fine of RMB 23,840.00 on him, included him in the list of bad behavior records, and banned him from participating in government procurement activities for one year.
Source: China Tender