Measures of Changzhi Municipality on Handling Complaints about Tendering and Bidding of Construction Projects of Housing Security and Urban-Rural Development Bureau:
Article 1 These Measures are formulated in accordance with Article 65 of the Bidding Law of People's Republic of China (PRC) for the purpose of protecting national interests, social public interests and the legitimate rights and interests of the parties involved in bidding and establishing a fair and efficient complaint handling mechanism for bidding and tendering activities of engineering construction projects.
Article 2 These Measures shall be applicable to the complaints and handling activities of bidding activities of engineering construction projects.
The tendering activities mentioned in the preceding paragraph include tendering, bidding, bid opening, bid evaluation, bid winning and contract signing.
Article 3 Bidders and other interested parties of construction enterprises have the right to complain to the relevant administrative supervision departments according to law if they think that the bidding activities are not in conformity with the provisions of laws, regulations and rules.
Other interested parties mentioned in the preceding paragraph refer to legal persons, other organizations and individuals, other than bidders, who have direct or indirect interests in the bidding project or bidding activities.
Article 4 The administrative supervision departments of development and reform, construction, water conservancy, transportation, railways, civil aviation, information industry (communication, electronics) and other tendering and bidding activities at all levels shall, in accordance with the division of responsibilities stipulated by the General Office of the State Council (Guo Ban Fa [2000] No.34) and local people's governments at all levels, accept complaints and make a decision on handling them.
Complaints about the bidding activities of major national construction projects (including industrial projects) shall be accepted by the National Development and Reform Commission and decided according to law. Complaints about the bidding activities of major national construction projects that have been accepted by the relevant industry administrative supervision departments shall be notified to the National Development and Reform Commission, which will no longer accept them.
Article 5 When handling complaints, administrative supervision departments shall adhere to the principles of fairness, impartiality and high efficiency, and safeguard national interests, public interests and the legitimate rights and interests of the parties involved in bidding.
Article 6 The administrative supervision department shall determine the institution responsible for accepting complaints within its own department and its telephone number, fax number, e-mail address and correspondence address, and announce them to the public.
Article 7 When making a complaint, a complainant shall submit a complaint. The complaint shall include the following contents:
(1) The name, address and effective contact information of the complainant;
(2) The name, address and effective contact information of the respondent;
(three) the basic facts of the complaint;
(4) Relevant requirements and opinions;
(5) Effective clues and relevant supporting materials.
If the complainant is a legal person, the complaint must be signed and sealed by the legal representative or authorized representative of the construction enterprise; If other organizations or individuals complain, the complaint must be signed by the principal responsible person or the complainant himself, and a copy of valid identity certificate is attached.
The relevant materials of the complaint are in foreign languages, and the complainant shall also provide its Chinese translation.
Article 8 A complainant shall not crowd out competitors in the name of complaint, and shall not make false or malicious complaints that hinder normal bidding activities.
Article 9 A complainant shall file a written complaint within 10 days from the date when he knows or should know that his rights and interests have been infringed.
Article 10 A complainant may complain directly or entrust an agent to handle the complaint. When handling a complaint, the agent shall submit the power of attorney together with the complaint to the administrative supervision department. The power of attorney shall specify the authority of the entrusted agent and related matters.
Eleventh administrative supervision departments shall, after receiving the complaint, review it within five days, and make the following decisions as appropriate:
(a) does not meet the conditions for handling complaints, decided not to accept, and will not accept the reasons to inform the complainant in writing;
(2) Inform the complainant in writing to complain to other administrative supervision departments for complaints that meet the complaint handling conditions but are not accepted by this department;
For those who meet the complaint handling conditions and decide to accept it, the date of receiving the complaint shall be the date of formal acceptance.
Twelfth complaints under any of the following circumstances will not be accepted:
(a) the complainant is not a participant in the complained bidding activities, or has no interest in the complained project;
(two) the complaint is not specific, and it is difficult to verify without providing effective clues;
(three) the complaint is not accompanied by the complainant's real name, signature and effective contact information; Complaining in the name of a legal person, and the complaint is not signed by the legal representative and stamped with the official seal;
(four) more than the limitation of complaint;
(five) the decision has been made, and the complainant has not presented new evidence;
(six) the complaint has entered the administrative reconsideration or administrative proceedings.
Thirteenth administrative supervision departments responsible for handling complaints staff, in any of the following circumstances, should take the initiative to avoid.
(a) a close relative is the respondent, the complainant or the principal responsible person of the respondent or the complainant;
(2) I have held a senior management position in the respondent's unit in the past three years;
(3) Having other interests with the respondent or the complainant, which may affect the fair handling of the complaint.
Article 14 After accepting a complaint, the administrative supervision department shall obtain and consult relevant information, and investigate and verify the relevant situation.
For major complaints that are complicated and involve a wide range, the administrative supervision department that has the right to accept the complaint may conduct a joint investigation with other relevant administrative supervision departments, and the accepting department will make a decision after studying.
Fifteenth administrative supervision departments shall, when investigating and collecting evidence, be carried out by two or more administrative law enforcement personnel, and make a record and submit it to the respondent for signature and confirmation.
Sixteenth in the process of complaint handling, the administrative supervision department shall listen to the statement and defense of the respondent, and notify the complainant and the respondent to conduct cross-examination when necessary.
Seventeenth complaint handling personnel of administrative supervision departments shall strictly abide by the confidentiality provisions, keep the state secrets and business secrets that they come into contact with in the process of complaint handling, and shall not disclose the contents of complaints to other units and individuals unrelated to complaints.
Article 18 The complainant, the respondent, the members of the bid evaluation committee and other parties concerned with the complaint shall cooperate with the investigation conducted by the administrative supervision department according to law, provide relevant information and materials truthfully, and shall not refuse, conceal or make false reports.
Article 19 Before the decision on complaint handling is made, if the complainant requests to withdraw the complaint, he shall put forward it in writing and explain the reasons. The administrative supervision department shall decide whether to approve the withdrawal according to the following circumstances:
(a) after investigation, there are obvious illegal acts, which should not be withdrawn, and continue to investigate and deal with them until a decision is made;
(two) if the withdrawal of the complaint does not harm the national interests, public interests or the legitimate rights and interests of other parties, it shall be allowed to withdraw and the complaint handling procedure shall be terminated. The complainant shall not lodge a complaint with the same facts and reasons.
Twentieth administrative supervision departments shall, according to the investigation and evidence collection, review the complaints and make a decision in accordance with the following provisions:
(1) If the complaint lacks factual or legal basis, it shall not be accepted;
(two) complaints are true, there are illegal acts in the bidding activities, according to the "People's Republic of China (PRC) bidding law" and other relevant laws and regulations for punishment.
Twenty-first administrative supervision departments responsible for accepting complaints shall make a decision on handling complaints within 30 days from the date of accepting complaints, and notify the complainant, the respondent and other parties related to the complaints in writing.
If the situation is complicated and a decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the department, and the complainant and the respondent shall be informed.
Twenty-second complaints handling decisions shall include the following main contents:
(a) The names and addresses of the complainant and the respondent;
(2) Complaints and opinions of the complainant;
(3) the respondent's defense and request;
(4) Basic facts ascertained through investigation;
(five) the opinions and basis of the administrative supervision department.
Twenty-third administrative supervision departments should establish complaint handling files, and do a good job of preservation and management, and accept the supervision and inspection of the parties concerned.
Twenty-fourth administrative supervision departments in the process of handling complaints, found that the directly responsible person in charge of the complained unit and other directly responsible personnel have illegal, illegal or disciplinary behavior, it should be recommended to the administrative organs, discipline inspection and supervision departments to be punished; If the circumstances are serious enough to constitute a crime, they shall be transferred to judicial organs for handling.
If there is an illegal act against the bidding agency, if the circumstances are serious, the bidding agency qualification shall be suspended or even cancelled according to law.
Twenty-fifth if a party refuses to accept the decision of the administrative supervision department on handling complaints or the administrative supervision department fails to handle them within the time limit, it may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.
Article 26 If a complainant intentionally fabricates facts or documents, it is a false and malicious complaint, and the administrative supervision department will reject the complaint and give a warning; If the circumstances are serious, a fine of not more than 10,000 yuan may be imposed.
Twenty-seventh administrative supervision department staff in the process of handling complaints, favoritism, abuse of power or dereliction of duty, to take revenge on the complainant, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-eighth administrative supervision departments in the process of handling complaints, shall not charge any fees to the complainant and the respondent.
Twenty-ninth for complaints with bad nature and serious circumstances, the administrative supervision department may publish the complaint handling results in the relevant media and accept public opinion and public supervision.
Thirtieth approach by the National Development and Reform Commission in conjunction with the relevant departments of the State Council to explain.
Thirty-first these Measures shall come into force as of August 6, 2004 +0.
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