Complaint handling:
Article 1 This system is applicable to the complaint handling of all kinds of construction project bidding activities within the jurisdiction of our city.
article 2 bidding activities include bidding, bid opening, bid evaluation, bid winning and contract signing.
Article 3 Bidders and other interested parties 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 and regulations.
Article 4 The supervision department of the municipal development, reform, supervision and other bidding activities shall accept relevant complaints and make a decision according to law. Complaints about bidding for major construction projects (including industrial projects) in our city in violation of the prescribed procedures shall be accepted, investigated and verified by the Development and Reform Bureau in accordance with relevant laws and regulations, and a decision shall be made, and the results shall be reported to the Municipal Bidding Committee for the record; Complaints about violations of laws and regulations by the parties involved in bidding activities shall be accepted by the discipline inspection and supervision organs and investigated and dealt with according to law.
Article 5 A complainant shall submit a complaint, which shall include the following contents:
(1) The name, address and contact information of the complainant.
(2) the basic facts of the complaint.
(3) the name, address and contact information of the respondent.
(4) relevant requirements and opinions.
(5) Effective clues and corresponding supporting materials.
article 6 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 7 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. Article 8 After receiving a complaint, the administrative supervision department shall examine it within five days and make the following decisions:
(1) If the complaint does not meet the conditions for handling complaints, it shall decide not to accept it and inform the complainant in writing of the reasons for not accepting it; (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;
Article 9 A complaint under any of the following circumstances shall not be accepted:
(1) The complainant is not a participant in the complained bidding activity or has no interest in the complained project;
(2) The complaint is not specific, no effective clues are provided, and it is difficult to verify;
(3) 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;
(4) the complaint is overdue;
(5) the decision has been made and the complainant has not presented any new evidence;
(6) The complaint has entered the administrative reconsideration or administrative litigation procedure.
Article 1 The staff in charge of handling complaints in administrative supervision departments shall voluntarily withdraw in 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 11 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.
article 12 when investigating and collecting evidence, the administrative supervision department shall conduct it by two or more administrative law enforcement officers, and make a record, which shall be signed by the respondent for confirmation.
Article 13 The administrative supervision department shall examine the complaint according to the investigation and evidence collection, and make a decision on handling it according to the following provisions:
(1) If the complaint lacks factual or legal basis, it shall not be accepted;
(2) If the complaint is true and there are indeed illegal acts in the bidding activities, it shall be punished according to the Bidding Law of People's Republic of China (PRC) and other relevant laws and regulations.
Article 14 In the process of handling complaints, if the administrative supervision department finds that the respondent or the person-in-charge of the unit and other directly responsible personnel have violated laws, regulations or disciplines, it shall suggest the administrative department and the discipline inspection and supervision department to punish them; If the circumstances are serious enough to constitute a crime, they shall be transferred to judicial organs for handling. If there are irregularities in the tendering agency, and the circumstances are serious, its qualification as a tendering agency in this city shall be cancelled and blacklisted according to relevant regulations; If there is an illegal act, it shall be submitted to judicial organs for investigation.
Article 15 If the complainant intentionally fabricates facts or documents, which is a false and malicious complaint, the administrative supervision department will reject the complaint; If losses are caused to the work of administrative organs or the circumstances are serious, it shall be handled in accordance with relevant laws and regulations.
Article 16 Any staff member of the administrative supervision department who engages in malpractices for personal gain, abuses his power or neglects his duty in the process of handling complaints and retaliates against the complainant shall be given administrative sanctions in accordance with the relevant provisions of the Civil Service Law; If a crime is constituted, criminal responsibility shall be investigated according to law. Seventeenth of the bidding activities in the nature of bad, serious, social repercussions, the administrative supervision department can publish the complaint handling results in the relevant media, accept public opinion and public supervision.
article 18 the renhuai city development and reform bureau is responsible for the interpretation of this system.
article 19 this system shall be implemented as of the date of promulgation.