Bidding collusion, subcontracting … Jiangxi announced 10 illegal cases in the field of housing municipal engineering
In order to further rectify and standardize the market order of housing construction and municipal infrastructure projects in Jiangxi Province, create an open, fair and just competitive environment in the construction market, promote the sustained and healthy development of the construction market in Jiangxi Province, and give full play to the warning and education role of typical cases, Jiangxi announced 10 typical cases of illegal and illegal bidding, affiliated subcontracting and illegal subcontracting in the field of housing municipal projects in this province.
1. Four people, including Zhou, Guo Mobo, Liao and Guo Momiao, were affiliated with Shichang Construction Group Co., Ltd. and other 92 enterprises to bid for collusion.
In March, 2020, the construction unit, Yin Luling Construction Investment Co., Ltd. of Jingkai District, Ji ‘an City, published the tender announcement of the project of industrial supporting service center in the eastern part of Jinggangshan Economic Development Zone on the public resource trading network of Ji ‘an City. Four people, including Zhou, Guo Mobo, Liao and Guo Momiao, take each company as 2— At the price of 30,000 yuan, 92 companies including Shichang Construction Group Co., Ltd., Jiangxi Sixth Construction Engineering Co., Ltd. and Yuxuan Jianye Group Co., Ltd. were invited to participate in the bidding of this project, and Shichang Construction Group Co., Ltd. won the bid with 141,981,819.66 yuan. After winning the bid, Liao sold the construction right of the project to Luo Mogen at 7% of the winning bid, that is, 9.8 million yuan. Among them, Zhou earned 7.25 million yuan, Liao earned 1.3 million yuan, Guo Momiao earned 750,000 yuan and Guo Mobo earned 500,000 yuan.
Processing result:Ji ‘an County People’s Court ruled that four defendants, including Zhou, Guo Mobo, Liao and Guo Momiao, committed the crime of colluding in bidding, sentenced them to fixed-term imprisonment ranging from 8 months to 6 months in criminal detention, and fined them RMB 200,000. The illegal proceeds from the sale of the winning project of 9.8 million yuan and the introduction fee charged by Shichang Construction Group and other companies have been confiscated and turned over to the state treasury. Other enterprise courts have handled the case separately.
2. Jiangxi Zhenghua Engineering Project Management Co., Ltd., Jiangxi Jiangxin Engineering Supervision Co., Ltd. and Jiangxi Construction Engineering Construction Supervision Co., Ltd. colluded in bidding cases for many times.
From January 2018 to August 2019, Jiangxi Zhenghua Engineering Project Management Co., Ltd., Jiangxi Jiangxin Engineering Supervision Co., Ltd. and Jiangxi Construction Engineering Construction Supervision Co., Ltd. participated in the bidding of 27 projects, including the project supervision of Building 2 of China Energy Conservation International Center in Nanchang High-tech Zone. The machine code of their bidding documents is the same as the uploaded IP address, which is suspected of colluding with each other. On October 16, 2019, Nanchang Urban and Rural Construction Bureau filed a case against the above three units for alleged collusion in bidding. After investigation, there is collusion in the bidding of 12 projects participated by Jiangxi Zhenghua Engineering Project Management Co., Ltd.; There are collusive bidding behaviors in 21 projects participated by Jiangxi Jiangxin Engineering Supervision Co., Ltd.; There are collusive bidding behaviors in 27 projects participated by Jiangxi Construction Engineering Supervision Co., Ltd..
Processing result:Nanchang Urban and Rural Construction Bureau cancelled the bidding qualifications of the above three companies to participate in the projects that must be tendered according to law within two years and made an announcement, and imposed a fine of RMB 192,896.88 on Jiangxi Construction Engineering Supervision Co., Ltd., a fine of RMB 17,633.34 on Xu Mouying, a person in charge directly responsible for the unit, a fine of RMB 980 yuan on Guo Mouping and a fine of RMB 600 yuan on Jiang Mouxi. A fine of RMB 118,376.48 was imposed on Jiangxi Jiangxin Engineering Supervision Co., Ltd., and a fine of RMB 11,761.31 was imposed on Zheng, the person in charge directly responsible for the unit; Jiangxi Zhenghua Engineering Project Management Group Co., Ltd. was fined 93,650.4 yuan, and Jiang Moxi, the person in charge directly responsible for the unit, was fined 9339.43 yuan. Another Jiang Moxi was sentenced to 6 months’ imprisonment and fined 50,000 yuan for the crime of colluding in bidding.
3. Huacheng Boyuan Engineering Technology Group Co., Ltd. and Nanchang Urban Planning and Design Research Institute colluded in bidding for the new project of Nanchang Women and Children Social Service Center.
In June 2019, when Huacheng Boyuan Engineering Technology Group Co., Ltd. and Nanchang Urban Planning and Design Research Institute participated in the bidding for the new engineering design project of Nanchang Women and Children Social Service Center, the sunshine analysis in the submitted bidding documents was similar and they were suspected of colluding with each other. On July 19, 2019, Nanchang Urban and Rural Construction Bureau filed a case against Huacheng Boyuan Engineering Technology Group Co., Ltd. and Nanchang Urban Planning and Design Research Institute for alleged collusion in bidding. After investigation, Huacheng Boyuan Engineering Technology Group Co., Ltd. and Nanchang Urban Planning and Design Research Institute entrusted the same person to prepare the bidding documents when they participated in the bidding for the new engineering design project of Nanchang Women and Children Social Service Center, which was regarded as collusion bidding.
Processing result:Nanchang Urban and Rural Construction Bureau imposed a fine of RMB 23,843 on Huacheng Boyuan Engineering Technology Group Co., Ltd., a fine of RMB 2,384 on Song, the person directly in charge of the unit, a fine of RMB 23,843 on Nanchang Urban Planning and Design Research Institute and a fine of RMB 2,384 on Wei Motong, the person directly in charge of the unit.
4. The consortium of China Railway Tunnel Bureau Group Co., Ltd. and Beijing Urban Construction Design and Development Group Co., Ltd. colluded with the consortium of Jiangxi Guo Xin Construction Engineering Co., Ltd. and Jiangxi Construction Engineering Group Co., Ltd.
On September 30th, 2020, in the evaluation of the qualification standard of the EPC project of Zhuangtang Middle School construction project in Fenyi County, the bid evaluation experts found that the names of the bidders on the cover of the qualification standard documents of the consortium of China Railway Tunnel Bureau Group Co., Ltd. and Beijing Urban Construction Design and Development Group Co., Ltd. were called the consortium of Jiangxi Guo Xin Construction Engineering Co., Ltd. and Jiangxi Construction Engineering Group Co., Ltd., another bidder. The Bid Evaluation Committee found that the two bidders were suspected of colluding in bidding, and the Fenyi County Housing and Urban-Rural Development Bureau filed an investigation according to law, and found that the two bidders had collusive bidding behavior.
Processing result:The Housing and Urban-Rural Development Bureau of Fenyi County imposed a fine of RMB 1,092,500 on the consortium of China Railway Tunnel Bureau Group Co., Ltd. and Beijing Urban Construction Design and Development Group Co., Ltd. and the consortium of Jiangxi Guo Xin Construction Engineering Co., Ltd. and Jiangxi Construction Engineering Group Co., Ltd., and imposed a fine of RMB 54,625 on the persons in charge of China Railway Tunnel Bureau Group Co., Ltd. and Nie Moufeng of Jiangxi Guo Xin Construction Engineering Co., Ltd.
V. Jiangxi Zhongqi Construction Engineering Co., Ltd. colluded with Jiangxi Jiutai Construction Engineering Co., Ltd., Jiangxi Tenghan Construction Co., Ltd. and Jiangxi Yufa Construction Co., Ltd.
On December 14th, 2020, during the evaluation of the Dingjiapeng renovation project in Xinyu City (the first bid section and the second bid section), it was found that Jiangxi Zhongqi Construction Engineering Co., Ltd. and Jiangxi Jiutai Construction Engineering Co., Ltd., Jiangxi Tenghan Construction Co., Ltd. and Jiangxi Yufa Construction Co., Ltd. had the same contents in the related quotation forms, such as the single project bidding price summary table, partial sub-projects, unit price measures project list and pricing table, and the comprehensive unit price sub-standard table, which were suspected of colluding with each other. Xinyu City Administration Bureau filed a case investigation according to law and found that the four enterprises had collusive bidding behavior.
Processing result:Xinyu City Administration Bureau imposed a fine of RMB 873,850 on Jiangxi Zhongqi Construction Engineering Co., Ltd. and Jiangxi Jiutai Construction Engineering Co., Ltd. and a fine of RMB 473,450 on Jiangxi Tenghan Construction Co., Ltd. and Jiangxi Yufa Construction Co., Ltd. according to law.
Six, the bid evaluation expert Xia Mou (former deputy stationmaster of Fuzhou Building Comprehensive Management Station) accepted bribes from many bidding companies.
Xia Mou, the former bid evaluation expert (former deputy stationmaster of Fuzhou Building Comprehensive Management Station), accepted the request of Zeng Mouming, the business director of Jiangxi Ansha Engineering Supervision Cost Consulting Co., Ltd., to help his company win the bid in September 2017, and accepted Zeng Mouming’s 15,000 yuan; In August 2018, during the evaluation of the supervision bid of Yongfeng No.2 Middle School Project in Ji ‘an City, I accepted the request of Zeng Moming, the business director of Jiangxi Ansha Engineering Supervision Cost Consulting Co., Ltd., to help his company win the bid, and accepted 20,000 yuan from Zeng Moming; On November 1, 2018, when participating in the bid evaluation of Dongjie Mingzhu Construction Project in Guangfeng District, Shangrao City, Wu Mou Zhong, the head of Shangrao Company of Jiangxi Xinding Construction Consulting Co., Ltd., received 200,000 yuan, and provided assistance to Jiangxi Xinding Construction Consulting Co., Ltd. during the bid evaluation process. Because Xia illegally accepted 235,000 yuan from others in bid evaluation activities and sought benefits for others, the amount was huge, which constituted the crime of accepting bribes by non-state organs.
In addition, in the second half of 2017, Xia received 86,000 yuan from Zeng Mouming, the business leader of Jiangxi Ansha Engineering Supervision Cost Consulting Co., Ltd., to provide assistance for the four engineering evaluation city quality engineering awards of Jinxi County Chengxi Ecological High-tech Industrial Park supervised by the company: Jingyi Road, Weier Road, Weisan Road and the student dormitory of the Municipal Sports School; In June, 2018, he received Feng Mou and RMB 120,000 from the production manager of Nanfeng County No.2 Waterworks Project to evaluate the "2018 Jiangxi Building Structure Demonstration Project Award" for the water supply project of Nanfeng County No.2 Waterworks (Chengdong Waterworks). In January 2019, he received 33,000 yuan from Lou Molin, the person in charge of woodworking subcontracting of Jinxi Grand Theatre construction project, to provide assistance for the evaluation of "2018 Jiangxi Architectural Structure Demonstration Project Award" for Jinxi Grand Theatre construction project. Xia took advantage of his position as deputy stationmaster of Fuzhou Building Comprehensive Management Station to illegally collect 239,000 yuan from others and seek benefits for others. The amount is huge, and his behavior constitutes a crime of accepting bribes.
Processing result:Xia was convicted of accepting bribes and was sentenced to one year and ten months in prison and fined RMB 100,000.
Seven, China Overseas Communications Construction Co., Ltd. in Jiujiang Bilingual School Phase II construction project to provide false performance bidding case.
On April 18th, 2020, the second-phase construction project of Jiujiang Bilingual School was opened in Jiujiang Public Resources Trading Center, and 220 construction units participated in the bidding. Among them, the "Special Seal for the Record of Tangshan Construction Project Bidding Office" in the performance materials provided by China Overseas Communications Construction Co., Ltd. was fraudulent, and it was entrusted by the Balihu Branch of Jiujiang Public Security Bureau to identify and issue a judicial appraisal opinion, and the seal was identified as a fake seal.
Processing result:According to law, the Construction Environmental Protection Bureau of Jiujiang Economic and Technological Development Zone cancelled the bidding qualification of China Overseas Communications Construction Co., Ltd. to participate in the project subject to tender according to law within three years in Jiujiang Economic Development Zone, and imposed a fine of RMB 261,485.65.
Eight, Zeng Molin, Yang Mougan, Liao Mogui and other three people affiliated with Jiangxi Taibei Construction Engineering Co., Ltd. participated in the bidding case of Qiushan Science Park municipal garden supporting project in Ganzhou Economic and Technological Development Zone.
Jiangxi Taibei Construction Engineering Co., Ltd. (hereinafter referred to as "Jiangxi Taibei Company") signed the Office Operation Agreement with Zeng Molin and Yang Mougan on March 31, 2020, and established Ganzhou Office. On December 7 and 14, 2020, the Housing and Construction Bureau of Ganzhou Economic Development Zone received a complaint report from the complainant Liao Mogui, reflecting that he contacted Yang Mougan, the operator of Ganzhou office of Jiangxi Taibei Company, on September 20, 2020, and issued a letter of introduction from Jiangxi Taibei Company to participate in the bidding for the municipal garden supporting project of Qiushan Science and Technology Park in Ganzhou Economic and Technological Development Zone, and paid the bid guarantee fee and letter of introduction fee (totaling 4,900.00 yuan) After winning the bid, Jiangxi Taibei Company refused to issue a power of attorney and sign an internal management contract to the complainant, and heard that Jiangxi Taibei Company had sold the project to others, so it submitted a complaint to the Housing and Construction Bureau of Ganzhou Economic and Technological Development Zone. It has been verified that Jiangxi Taibei Company has lent qualification certificates or otherwise allowed others to undertake projects in the name of the company. Zeng Molin, Yang Mougan, Liao Mogui and other three people have participated in the bidding of the project with the qualification of Jiangxi Taibei Company.
Processing result:The Housing and Construction Bureau of Ganzhou Economic and Technological Development Zone cancelled the qualification of winning the bid of Jiangxi Taibei Company and imposed a fine of RMB 481,127.63. Liao Mogui, Yang Mougan and Zeng Molin were jointly fined RMB 192,451.05.
9. Jiangxi Baohui Construction Engineering Co., Ltd. illegally subcontracted the decoration project of "Three Centers" in Shicheng County.
In September 2018, Jiangxi Baohui Construction Engineering Co., Ltd. illegally subcontracted the renovation project of "Three Centers" in Shicheng County (Shicheng Footwear Testing Center, Shicheng Industrial Design Center and Shicheng Human Resources Service Center) to four people including Chen Mou Rong, Huang, Wu Mou and Huang Moujun. Will the footwear testing center 1— The fire protection project on the 6th floor was illegally subcontracted to unqualified Chen Mou Rong, with a total construction price of 800,000 yuan; The interior decoration and TV curtain wall decoration of the exhibition hall with a building area of about 1000 square meters were illegally subcontracted to unqualified Huang, with a total construction price of 2.243 million yuan; Will be a building area of about 4500 square meters of 5-mdash; The interior decoration project on the 6th floor was illegally subcontracted to unqualified Huang Moujun, with a total construction price of 5 million yuan; Will be a building area of about 8000 square meters of 1-mdash; The interior decoration of the 4th floor was illegally subcontracted to unqualified Wu Mou, with a total construction price of 9.1 million yuan. Jiangxi Baohui Construction Engineering Co., Ltd., as a project construction unit, illegally subcontracted the project to individuals for construction, which constituted illegal subcontracting.
Processing result:Shicheng County Housing and Urban-Rural Development Bureau imposed an administrative penalty on Jiangxi Baohui Construction Engineering Co., Ltd. for illegal subcontracting according to law, and imposed a fine of RMB 102,858 on the company and RMB 6,171 on Xu Mouqing, the person in charge of the project.
X. Pingxiang Anrui Construction Co., Ltd. illegally subcontracted 76 projects it undertook.
From January 2018 to the end of June 2020, Pingxiang Anrui Construction Co., Ltd. illegally subcontracted 76 projects it contracted to other construction units or individuals by signing internal project economic responsibility contracts (agreements) with other construction enterprises and individuals, and charged management fees of 3,834,700 yuan according to the proportions of 12%, 15% and 20% of the contract amount, involving a project amount of 322,989,000 yuan.
Processing result:The Housing and Urban-Rural Development Bureau of Anyuan District of Pingxiang City imposed an administrative penalty on Pingxiang Anrui Construction Co., Ltd., and turned over all the management fees illegally collected by the company to the finance, and imposed a fine of 2,583,900 yuan according to 0.8% of the project amount. (General Desk reporter Fan Cunbao Shi Kun)