On the issuance of "Bozhou city engineering construction bidding activities
Notice of complaint handling measures
Bureau departments, municipal public * * resource trading center, municipal public * * resource trading law enforcement detachment, county public administration, Qiaocheng district government procurement center:
The "Measures for Handling Complaints about Bidding Activities of Bozhou Engineering Construction" are hereby printed and distributed to you, please conscientiously implement them according to the actual work.
August 29(th), 2022
Measures of Bozhou Municipality on Handling Complaints about Bidding and Bidding of Engineering Construction
Chapter I General Provisions
Article 1 In order to strengthen the supervision and management of bidding activities for construction projects, standardize the investigation and handling of complaints, and safeguard the legitimate rights and interests of the parties concerned, according to the laws, regulations and rules such as 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 the Measures for Handling Complaints in Bidding Activities for Construction Projects, combined with the actual situation of our city.
Article 2 These Measures shall apply to the investigation and handling of complaints about construction transactions that enter the public resource trading platform of Bozhou City and are supervised by the administrative supervision departments of public resource transactions at all levels in Bozhou City (hereinafter referred to as the administrative supervision departments) according to law.
Article 3 The principles of fairness, impartiality, high efficiency and convenience shall be adhered to in the investigation and handling of complaints about project construction bidding activities.
Chapter II Acceptance
Article 4 If a bidder or other interested party thinks that the trading activities are not in conformity with the provisions of laws and administrative regulations, it may submit a written complaint to the administrative supervision department within 10 days from the date when it knows or should know.
If the bidder of the consortium makes a complaint, the lead unit of the consortium shall submit the complaint materials and affix the official seals of all consortium members.
Article 5 A complainant shall complain to the administrative supervision department in writing. Complaints can be submitted online or on-site through Bozhou public resources trading system, and complaints should include the following contents:
(1) The name, address, contact person and effective contact information of the complainant;
(2) The name, address, contact person and effective contact information of the respondent;
(three) the basic facts of the complaint;
(4) Relevant requirements and opinions;
(5) Effective clues and necessary supporting materials.
Complaints about matters that should be raised first in accordance with the Regulations on the Implementation of the Bidding Law shall be accompanied by proof of objection. 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 entrusted agent, and the power of attorney shall specify the specific authority and matters of the entrusted agent; If other organizations or individuals complain, the complaint must be signed by the principal responsible person or the complainant himself, and a copy of the identity certificate is attached; If an interested party complains, it shall provide the certification materials that can prove that it has a direct interest in the project.
Article 6 A complaint shall not be accepted under any of the following circumstances:
(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 7 After receiving a complaint, the administrative supervision department shall conduct a review within 3 working days and make the following decisions respectively:
(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.
Chapter III Investigation and Handling
Article 8 After accepting a complaint, the administrative supervision department shall investigate and verify the relevant situation by collecting and consulting relevant materials, and may also organize the complainant and the respondent to conduct cross-examination.
Ninth in any of the following circumstances, the staff responsible for the investigation and handling of complaints 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.
Tenth investigation and evidence collection shall be carried out by two or more administrative law enforcement personnel, forming investigation and evidence collection materials and submitting them to the respondent for signature and confirmation.
Article 11 If the respondent fails to submit relevant evidence, basis and other relevant materials, it shall be deemed as giving up the right of statement and defense and bearing adverse consequences according to law.
Twelfth administrative supervision departments shall, within 30 working days from the date of accepting the complaint, make a decision on the handling of the complaint. Need inspection, testing, identification, expert review, the time required is not counted.
If it is difficult to close the case within 30 working days due to the complexity of the case or the epidemic situation, the staff shall report to the person in charge in time and may extend it.
Article 13 The time limit for handling complaints shall be controlled through Bozhou public resources trading system, and staff shall be reminded to handle complaints on time through SMS at all stages of complaint acceptance and handling, and a yellow card reminder shall be issued to the contractor and the person in charge seven working days before the deadline for handling complaints, and a red card reminder shall be issued to the contractor. The person-in-charge and the principal person-in-charge shall put forward the complaint handling three working days before the deadline to ensure that the complaint handling work is completed within the statutory time limit.
The complaint investigation adopts a weekly scheduling mechanism, and the person in charge schedules the progress of the ongoing complaint investigation every week. If it is found that it is about to be overdue, it is necessary to seriously study and analyze the reasons, find out the direction of investigation, set up special classes and joint investigations, and improve the efficiency of complaint handling.
Failing to solve the complaint within the prescribed time limit, it shall notify the complainant, the respondent and the relevant parties in writing, and inform the reasons for the overdue before the time limit is resolved.
Fourteenth complaints 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 specific content, facts and basis of the decision;
(six) other matters that need to be clarified.
The administrative supervision department shall notify the complainant, the respondent and other parties concerned with the complaint in writing of the handling results.
Fifteenth before the decision of the complaint is made, if the complainant requests to withdraw the complaint, he shall submit it in writing and explain the reasons. 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.
Sixteenth complaint handling results in accordance with the provisions of the public, accept social supervision.
Seventeenth complaint handling staff should strictly abide by the confidentiality provisions, keep the state secrets and business secrets in the process of complaint handling.
Eighteenth if a party refuses to accept the complaint handling decision 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.
Chapter IV Accountability
Nineteenth the respondent and the parties shall cooperate with the investigation of the administrative supervision department, truthfully reflect the situation, provide true information, and bear corresponding legal responsibilities for the supporting materials provided.
Twentieth complaint handling into the city and county government target management performance appraisal, overdue Banjie shall be deducted accordingly. Administrative supervision departments shall not practice favoritism, abuse their powers or neglect their duties in the process of complaint handling. If the complaint handling is overdue due to illegal law enforcement or inaction or slow action, the responsibility shall be investigated according to law and discipline; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Twenty-first administrative supervision departments in the process of handling complaints, shall not charge any fees to the complainant and the respondent.
Twenty-second counties refer to the implementation.
Twenty-third laws, regulations and rules have other provisions on complaint handling, such provisions shall prevail.
Twenty-fourth these Measures shall come into force as of the date of promulgation and shall be valid for 3 years. The original Interim Measures for Handling Complaints about Public Resource Trading Activities in Bozhou City (32 [20 19]) shall be abolished at the same time.
The office of Bozhou Public Resources Trading Supervision Administration was released on August 29th, 2022.
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