Legal responsibility of bidding agency

The legal responsibility of a bidding agency refers to the legal consequences that a bidding agency should bear for its actions during the bidding process. A bidding agency is a legally established social intermediary agency engaged in bidding agency business. Tendering matters shall be handled within the scope entrusted by the tenderer, so the tendering agency shall abide by the relevant provisions of laws, regulations and departmental rules on the tenderer. However, the bidding agency has an independent legal status in bidding activities, so laws, regulations and departmental rules have made some special provisions on the legal responsibility of the bidding agency.

1) Relevant provisions of the Bidding Law on the legal liability of bidding agencies. Article 50 of the Bidding Law stipulates the legal responsibility of the bidding agency. A procuratorial agency that, in violation of the provisions of this Law, divulges confidential information related to tendering and bidding activities, colludes with tenderers and bidders, and damages national interests, social interests or the legitimate rights and interests of others, shall bear legal responsibilities. This clause not only stipulates the civil liability of the bidding agency, but also stipulates the criminal and administrative liability of the bidding agency.

According to the provisions of this clause, the main ways for bidding agencies to bear civil liability are compensation liability and invalid bid winning. The administrative responsibilities that the bidding agency should bear due to illegal acts include: warning, ordering to make corrections, informed criticism fine, the person in charge directly responsible for the unit and other directly responsible personnel, fines with different fines, cancellation of agency qualification, different punishment periods according to the severity of illegal acts, suspension of bidding agency qualification, etc. If a crime is constituted, criminal responsibility shall be investigated according to law.

2) In addition to the relevant provisions of the Bidding Law on the legal responsibilities of bidding agencies, in other laws, regulations and departmental rules, for example, Measures for Bidding and Bidding of Construction Goods, Measures for the Administration of Qualification Certification of Bidding Agencies for Central Investment Projects, Measures for Handling Complaints about Bidding and Bidding Activities of Construction Projects, Measures for Qualification Certification of Bidding Agencies for Construction Projects, Measures for the Implementation of International Bidding and Bidding of Mechanical and Electrical Products and Further Standardizing International Bidding of Mechanical and Electrical Products. The administrative responsibility of the tendering agency has also been further refined.