first
In order to protect the national interests, social public interests and the legitimate rights and interests of the bidding parties, and establish a fair and efficient complaint handling mechanism for the bidding activities of construction projects, these measures are formulated in accordance with the provisions of the Bidding Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC).
second
These Measures are 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.
essay
Bidders or other interested parties have the right to complain to the relevant administrative supervision departments in accordance with the law if they think that the bidding activities do not conform to the provisions of laws, regulations and rules.
Other interested parties mentioned in the preceding paragraph refer to legal persons, other organizations and natural persons other than bidders who have a direct or indirect interest in the bidding project or bidding activities.
Article 4
The administrative supervision departments of development and reform, industry and informatization, housing and urban-rural construction, water conservancy, transportation, railways, commerce, civil aviation and other tendering and bidding activities at all levels shall accept complaints and make a decision according to the division of responsibilities stipulated by the General Office of the State Council on printing and distributing the opinions of relevant departments in the State Council on the division of administrative supervision over tendering and bidding activities (Guo Ban Fa [2000] No.34) and local people's governments at all levels.
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 received by the relevant industry administrative supervision departments about the bidding activities of major national construction projects shall be notified to the National Development and Reform Commission, which will no longer accept them.
Article 5
When handling complaints, the administrative supervision department shall adhere to the principles of fairness, impartiality and high efficiency, and safeguard the national interests, social 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 mailing address, and announce it to the public.
Article 7
When making a complaint, the 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.
Complaints about matters that should be raised first as stipulated in the Regulations for the Implementation of the Bidding Law shall be accompanied by objection documents. If a complaint has been made to the relevant administrative supervision department, it shall be explained together.
If the complainant is a legal person, the complaint must be signed and sealed by its legal representative or authorized representative; 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
The complainant shall not crowd out competitors in the name of complaint, and shall not make false or malicious complaints, which will hinder the normal bidding activities.
Article 9
If the complainant thinks that the bidding activities do not conform to the provisions of laws and administrative regulations, he may file a written complaint within ten days from the date when he knows or should know. If an objection is raised in accordance with the relevant administrative regulations, the time limit for replying to the objection shall not be counted.
Article 10
The complainant can complain directly by himself 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.
Article 11
After receiving the complaint, the administrative supervision department shall conduct a review within three working 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.
Article 12
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 should be filed first, and no objection has been raised, and it has entered the administrative reconsideration or administrative litigation procedure.
Article 13
The staff of the administrative supervision department responsible for handling complaints shall take the initiative to avoid any of the following circumstances:
(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 documents 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.
Article 15
When the administrative supervision department investigates and collects evidence, it shall be conducted by two or more administrative law enforcement officers, and a written record shall be made, which shall be signed by the respondent for confirmation.
Article 16
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.
Article 17
The personnel of the administrative supervision department handling complaints shall strictly abide by the confidentiality provisions, keep the state secrets and business secrets that they come into contact with in the process of handling complaints, and shall not disclose the contents of complaints to other units and individuals unrelated to the complaints.
Article 18
When handling complaints, the administrative supervision department has the right to consult and copy relevant documents and materials, and investigate the relevant situation, and the relevant units and personnel shall cooperate. When necessary, the administrative supervision department may order the suspension of bidding activities.
For the investigation conducted by the administrative supervision department according to law, the complainant, the respondent, the members of the bid evaluation committee and other parties concerned with the complaint shall cooperate, truthfully provide relevant information and materials, 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 submit it in writing and explain the reasons, and the administrative supervision department shall decide whether to approve the withdrawal according to the following circumstances:
(a) has been verified that there are obvious violations, it shall not be revoked, and continue to investigate 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.
Article 20
The administrative supervision department shall, according to the investigation and evidence collection, review the complaints and make a decision in accordance with the following provisions:
(a) the complaint lacks factual or legal basis, or the complainant fabricates facts, forges materials or obtains certification materials by illegal means to make a complaint, and rejects the complaint;
(2) If the complaint is true and the bidding activity is illegal, it shall be punished according to the Bidding Law of People's Republic of China (PRC), the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) and other relevant laws and regulations.
Article 21
The administrative supervision department responsible for accepting complaints shall make a decision on complaint handling within 30 working days from the date of accepting complaints, and notify the complainant, the respondent and other parties concerned with complaints in writing of the handling results. Need inspection, testing, identification, expert review, the time required is not counted.
Article 22
The complaint handling decision 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.
Article 23
The administrative supervision department shall establish a complaint handling file, do a good job in preservation and management, and accept the supervision and inspection of the relevant parties.
Article 24
In the process of handling complaints, the administrative supervision department finds that the directly responsible person in charge and other directly responsible personnel of the complained unit have violated laws, regulations or disciplines, and shall suggest the administrative department and the discipline inspection and supervision department to give punishment; 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.
Article 25
If a party refuses to accept the complaint handling decision of the administrative supervision department or the administrative supervision department fails to handle it 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 the complainant intentionally fabricates facts, forges certification materials or obtains certification materials by illegal means to complain, thus causing losses to others, he shall be liable for compensation according to law.
Article 27
Any staff member of the administrative supervision department who engages in malpractices for personal gain, abuses his power or neglects his duty in handling complaints and retaliates against the complainant shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 28
The administrative supervision department shall not charge any fees to the complainant and the respondent in the process of handling complaints.
Article 29
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.
Article 30
These Measures shall be interpreted by the National Development and Reform Commission in conjunction with the relevant departments of the State Council.
Article 31
These Measures shall be implemented as of August 6, 2004.
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