(20061October 26th, 65438+ adopted by the first member representative meeting of Henan Bidding Association)
Chapter I General Provisions
Article 1 This Convention is formulated for the purpose of establishing and improving the self-discipline mechanism of the tendering and bidding industry in the province, promoting the conscious honesty and law-abiding of the tendering and bidding industry in the province, safeguarding the legitimate rights and interests of tendering and bidding enterprises, consciously resisting illegal acts, dishonesty and breach of contract, regulating the order of the tendering and bidding market in the province, and promoting the sustained and healthy development of the tendering and bidding industry in the province.
Article 2 Organizations and individual members of Henan Bidding Association (hereinafter referred to as the Association) are automatic signatories of this Convention and abide by it. Non-member units related to bidding are encouraged to sign this Convention. Bidders, bidders, tendering agencies and employees who sign this Convention are collectively referred to as signatories to this Convention.
Article 3 The signing of this Convention is voluntary, and the withdrawal from this Convention is free. When a member of the association withdraws from the conference, his membership will be automatically cancelled.
Chapter II Supervision and Administration of the Convention
Article 4 The Association shall be responsible for the implementation of this Convention and supervise and manage the contractor's performance of the Convention.
Article 5 The Association shall be responsible for the interpretation of this Convention. Establish and improve the contractor's credit file, publicize and establish an advanced model of honesty and law-abiding, and be responsible for accepting complaints, reports and appeals, as well as investigating, appraising and arbitrating violations, breach of contract, dishonesty and infringement.
Chapter III Rights and Obligations of the Contractor
Article 6 Rights of Signatories:
(a) require the association to safeguard its legitimate rights and interests, and investigate and deal with violations and misconduct;
(two) to attend the hearing or verification meeting of the association on the investigation and handling of violations and misconduct;
(three) to resist and complain, report violations of the Convention, dishonesty and improper behavior, and put forward suggestions for disciplinary action;
(four) to defend the handling of the violation of the convention, dishonesty or improper behavior of the unit or myself;
(five) to supervise the staff of the association.
Article 7 Obligations of Signatories:
(a) abide by the law, be honest and trustworthy, consciously fulfill the convention, abide by the bidding system, and maintain a fair and just market order;
(two) resolutely resist and complain, report the contractor's breach of contract, dishonesty, bribery and other bad behavior. Complaints and reports should be signed and attached with relevant evidence;
(three) to assist the association in investigating and handling breach of contract, dishonesty or illegal or improper behavior;
(four) to cooperate with the association to investigate and deal with the unit's breach of contract, dishonesty or illegal or improper behavior;
(five) cooperate with the association to establish and improve the bidding information, reputation and other files;
(six) cooperate with the association to establish and improve the evaluation expert database and talent information exchange platform.
Chapter IV Bidder's Self-discipline Rules
Article 8 When engaging in bidding activities, a tenderer must strictly abide by the Bidding Law, the Measures of Henan Province for Implementing the Bidding Law of People's Republic of China (PRC) and relevant laws, regulations and rules, adhere to the principle of "fairness, openness, justice and integrity", and consciously accept the supervision of the government and society.
Article 9 A tenderer shall bid for the survey, design, construction, supervision and procurement of major equipment and materials of a project subject to tender according to law, and it is strictly forbidden to avoid bidding, false bidding and black-box operation. Verification procedures must be handled in accordance with regulations. If it is an open tender, the tender announcement must be published in the designated media.
Article 10 A tenderer who has the conditions for self-tendering may organize his own tendering after being examined and approved by the relevant administrative supervision departments, and the tender announcement shall be published in the designated media.
Article 11 For entrusted bidding projects, the tenderee may choose a bidding agency with strong strength, good performance and high reputation to act as the agent for bidding matters through bidding and other competitive means. A tenderee shall not collude with bidders or tendering agencies, conduct black-box operations or other illegal acts, and harm the interests of other interested parties or the public.
Article 12 The tender documents and bid evaluation methods of a tenderer must be open, fair and just, and shall not set discriminatory, tendentious or induced contents illegally. It is strictly forbidden to restrict or exclude potential bidders from bidding, and it is not allowed to force bidders to designate consortia or subcontractors.
Article 13 A tenderer shall set up a bid evaluation committee according to law, and organize bid opening and bid evaluation in strict accordance with laws, regulations and bidding documents. It is strictly forbidden to interfere with the normal bid opening and evaluation procedures, and it is strictly forbidden to guide and induce bid evaluation experts to evaluate bids.
Article 14 A tenderer shall abide by the confidentiality provisions in accordance with the law, and shall not disclose the pre-tender estimate or other contents that need to be kept confidential during the bid evaluation.
Fifteenth a tenderer shall, in accordance with the prescribed procedures, determine the winning bidder among the candidates recommended by the bid evaluation report of the bid evaluation committee, and go through the approval or filing procedures with the relevant administrative supervision and management departments according to law.
Article 16 A tenderer shall sign a bid-winning contract with the winning bidder according to the bidding documents, bidding documents and the bid-winning results. The contract signed should be scientific and rigorous, and the bidding content and the winning price should not be changed at will. It is strictly forbidden to sign other agreements that deviate from the essence of the contract.
Article 17 A tenderer shall not instruct, instruct or recognize the bid winner's illegal subcontracting or illegal subcontracting, and it is strictly prohibited to purchase at designated locations.
Chapter V Self-discipline Criteria for Bidders
Article 18 Bidders shall strictly abide by the Bidding Law, the Measures for Implementing the Bidding Law of People's Republic of China (PRC) in Henan Province and relevant laws, regulations and rules.
Nineteenth bidders must bid according to their own financial ability, technical ability, management level and performance reputation, and consciously maintain the order of the bidding market. It is strictly forbidden to participate in bidding by qualification, and deceive the tenderer by means of false proof, false promise and false performance. It is strictly prohibited to collude in bidding, collusive bidding, malicious bidding and other acts that harm the legitimate rights and interests of the tenderer or other bidders.
Twentieth bidders to participate in the bidding of projects, goods and services must have the qualifications, achievements or licensing conditions stipulated by the state and the bidding documents.
Twenty-first bidders should resolutely resist and put an end to bribery, kickbacks and other illegal bidding and unfair competition, and must not violate the relevant state price regulations or participate in the competition at a price lower than the cost price.
Twenty-second bidders shall sign the bid-winning contract in strict accordance with the conditions for winning the bid, strictly perform the contract, and shall not illegally subcontract, link or subcontract the project.
Twenty-third bidders should operate in accordance with the law and compete fairly, and shall not take false, libel, malicious complaints and other illegal or improper means to damage or infringe on the legitimate rights and interests of peer enterprises.
Twenty-fourth bidders to complain about illegal, illegal and improper behavior, should ensure that the complaint content and the corresponding certification materials are true, legal and reliable.
Chapter VI Self-discipline Specification of Bidding Agency
Article 25 A bidding agency shall strictly abide by the Bidding Law and the Measures for Implementing the Bidding Law of People's Republic of China (PRC) Province and other relevant laws, regulations and rules, engage in bidding and other trading activities in accordance with the law, be honest and trustworthy, and consciously accept the supervision of the government and society.
Twenty-sixth bidding agencies should consciously maintain the order of bidding activities, and resolutely resist collusion in bidding, black-box operation, favoritism, illegal transactions and other acts.
Article 27 A procuratorial agency shall abide by the relevant provisions of the tenderer's self-discipline standards, conclude and perform the rights and obligations stipulated in the bidding agency contract according to law, and bear corresponding legal responsibilities.
Article 28 A bidding agency must undertake bidding agency business through competition in strict accordance with the approved qualification level and business scope, and shall not undertake bidding agency business beyond the prescribed scope, nor shall it undertake bidding agency business by improper means.
Twenty-ninth bidding agencies shall not forge, alter or lend valid certificates such as bidding agency qualification, business license and qualification performance.
Article 30 A bidding agency shall conduct agency business in fair competition, consciously resist blind price reduction and malicious competition, and it is strictly prohibited to reduce the cost of bidding agency by using normal out-of-contract terms or signing yin-yang contracts and other unfair competition means.
Thirty-first bidding agencies shall not have subordinate relations or other interests with administrative organs, tenderers and bidders, and shall not accept bidding agency and consulting services for the same project.
Article 32 A procuratorial agency shall organize its employees to seriously study the Bidding Law, the Measures for Implementing the Bidding Law of People's Republic of China (PRC) Province in Henan Province, the Contract Law and other related knowledge, establish the service consciousness of "abiding by the law, keeping promises, being fair and scientific", and continuously improve their professional quality and service level.
Thirty-third bidding agencies must conscientiously perform their duties, carry out their work fairly, select excellent construction teams for construction projects, and do a good job in service.
Chapter VII Self-discipline Rules for Bid Evaluation Experts
Article 34 Bid evaluation experts shall strictly abide by the Bidding Law, Measures for Implementing the Bidding Law of People's Republic of China (PRC) in Henan Province, Measures for the Administration of Bid Evaluation Experts and Expert Database in Henan Province and relevant laws, regulations and rules, engage in bid evaluation activities according to law, be honest and trustworthy, and consciously accept the supervision of the government and society.
Thirty-fifth bid evaluation experts must constantly strengthen their own learning, strive to improve the knowledge of bidding laws and regulations and professional and technical level, and establish a legal, objective, fair and honest service consciousness.
Article 36 Bid evaluation experts must perform their duties legally, independently and impartially, abide by the discipline of bid evaluation, conduct bid evaluation in strict accordance with the bid evaluation standards and methods stipulated in the tender documents, independently put forward bid evaluation opinions, and shall not disclose the contents related to bid evaluation.
Thirty-seventh bid evaluation experts are strictly forbidden to influence or be influenced by others in the process of bid evaluation, and it is strictly forbidden to contact bidders and other interested parties privately.
Chapter VIII Liability for Breach of Contract
Article 38 If the undertaker violates the self-discipline clause of the Convention, it shall be verified by the secretariat of the Association and submitted to the Standing Council of the Association for examination and approval, and shall be given the following punishment or put forward handling opinions to the relevant administrative supervision departments according to the seriousness, impact and loss.
(a) to criticize and guide the face-to-face inspection;
(two) to suspend the membership of the association for half a year or one year, and make an announcement in the journal of the association, the website or the media designated by the state and province;
(three) to cancel the qualifications of directors and executive directors of the association and remove the corresponding positions of the association;
(four) cancel the membership, in the association's publications, websites or national and provincial designated media announcement;
(five) to suggest that the relevant administrative departments of the government suspend business for rectification, reduce or revoke qualifications or other administrative penalties according to regulations.
Chapter IX Supplementary Provisions
Article 39 The Association shall be responsible for the interpretation of this Convention.
Article 40 The Association shall supervise and inspect the implementation of the Convention and organize evaluation activities.
Article 41 This Convention was adopted by the members' congress and the first Council of Henan Bidding Association.