1. The basic procedures of construction project bidding mainly include: ① selling the bidding documents; (2) Preparation of tender documents; ③ Entrust a bidding agency; (4) Perform the project approval procedures; (5) bid opening and evaluation; 6. sign a contract; ⑦ Issue a tender announcement or invitation to bid; I sent an admission notice today. The correct order of the above order is (). (20 14. 1 1)
A.①②③④⑤⑥⑦⑧
B.③②④⑦①⑤⑧⑥
C.②③①④⑦⑤⑥⑧
D.④③②⑦①⑤⑧⑥
Answer d
Analyze the basic procedures of bidding: performing the project examination and approval procedures, entrusting a bidding agency, compiling bidding documents and pre-tender estimate, issuing bidding announcement or invitation letter, qualification examination, bid opening, bid evaluation, issuing bid-winning notice and signing a contract.
2. In the process of bidding, if the bidder has major changes such as merger, division and bankruptcy, it shall (). (20 14. 14)
A. Withdrawal of bid
B. Increase the amount of bid security
C. withdrawal of bids
D. notify the tenderer in writing in time.
Answer d
Analysis of "Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC)" Article 38 In case of major changes such as merger, division and bankruptcy, the bidder shall promptly notify the tenderer in writing. If a bidder no longer meets the qualification requirements specified in the prequalification documents and bidding documents, or if its bid affects the fairness of bidding, its bid is invalid. 3. Bidders or other interested parties have objections to the bid evaluation results of projects that must be subject to tender according to law, and should raise them in (). (20 14.29)
A. During the publicity period of successful candidates
B. After the bid-winning notice is issued,
C. During contract negotiation
D. Before submitting the bid evaluation report.
Answer a
According to the "Regulations on the Implementation of the Bidding Law", if a bidder or other interested party has any objection to the evaluation results of a project that must be subject to bidding according to law, it shall raise it during the publicity period of the winning candidate.
4. The following construction projects, belong to the scope of public bidding according to law is (). (20 14.37)
A. projects involving national security and state secrets
B. Projects using budgetary funds at all levels
C. Projects using enterprises' own funds
D. projects using funds of listed companies
Answer b
Analysis of financial budget funds at all levels of the project, belonging to the state-owned capital investment projects, should be invited to open tender.
5. A construction project was invited for public bidding, and Company A borrowed the qualification certificate of Company B to undertake the project and won the bid, but the project undertaken by Company A did not meet the quality standards, causing losses to the construction unit. The statement about the contractual relationship is correct (). (20 14.5 1)
A. Party A and Party B shall be jointly and severally liable for compensation.
B. Party A and Party B belong to a consortium to bid.
C. It is Party A that actually carries out the construction and causes losses, not Party B..
D the bidder is party b, and only party b shall be liable for compensation.
Answer a
If the contracted project fails to meet the specified quality standards and causes losses, the construction enterprise and the unit or individual using the name of the enterprise shall be jointly and severally liable for compensation.
6. In the construction bidding of a building project, both Company A and Company B participated in the bidding and entrusted Company C to handle the bidding. The behavior of both parties belongs to (). (20 14.53)
A. Joint asking price
B. Legal bidding
C. collusive bidding
D. Independent bidding
Answer c
Analysis shows that different bidders entrust the same unit or individual to handle bidding matters, which is regarded as collusive bidding.
7. The bidder's legal liability for winning the bid by bribery does not include (). (20 14.57)
A. the business license shall be revoked by the administrative department for industry and commerce
B disqualify it from participating in the project that must be subject to tender in 1 to 2 years according to law.
C. If a crime is constituted, the responsible person and unit concerned shall bear corresponding criminal responsibilities.
D the bidding administrative department shall order it to make corrections and impose a fine.
Answer d
Bidders collude with each other or with the tenderee to bid, and if the bidders win the bid by bribing the tenderee or members of the bid evaluation committee, their bids will be invalid, and a fine of 5‰ to 10‰ will be imposed on the winning project, and a fine of 5% to 10% will be imposed on the directly responsible personnel of the unit and other directly responsible personnel. Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be disqualified from bidding for projects that must be subject to tender according to law within one to two years, and shall be announced until its business license is revoked by the administrative department for industry and commerce; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.
8. According to the National Development and Reform Commission and other nine departments jointly issued the "standard construction bidding documents", the bidding documents should include ().
(20 14.6 1)
A. Bidding management organization
B. priced bill of quantities
C. List of projects to be subcontracted
D. Qualification information
E. Construction organization design
Answer BDE
The analysis of bidding documents should include the following contents: the priced bill of quantities; Qualification information; Construction organization design; Project management organization; Ten items such as the subcontract works table.
9. According to the "Regulations on the Implementation of the Bidding Law", if a project subject to tender should perform the project examination and approval procedures in accordance with relevant state regulations, it shall be submitted to the project examination and approval department for examination and approval. (20 14.70)
A. Scope of bidding
B. Bidding documents
C. Bidding method
D. bidding organization form
E. bidding agency
Answer ACD
The analysis of "Regulations on the Implementation of the Bidding Law" further stipulates that the bidding scope, bidding method and bidding organization form of projects that need to be tendered according to relevant state regulations shall be submitted to the project examination and approval department for examination and approval.
10. If the bidding activities of a project that must be subject to bidding in accordance with the law violate the legal provisions, which have a substantial impact on the winning result and cannot be corrected by remedial measures, it shall be (). (20 14.7 1)
A. determine that bidding, tendering and winning the bid are invalid.
B. Re-tendering according to law
C. Re-bid evaluation according to law
D the administrative supervision department shall take over the remaining bidding work.
E. the project is prohibited from bidding again according to law.
Answer ABC
If the tendering and bidding activities of a project that must be subject to tender according to law violate the provisions of the Bidding Law and these Regulations, and have a substantial impact on the winning result, and remedial measures cannot be taken to correct it, the tendering and bidding and winning the bid shall be invalid, and a new tender or bid evaluation shall be conducted according to law.
1 1. Among the following bidding behaviors, () won the bid by cheating. (20 14.73)
A. using forged or altered license documents
B. providing false financial status or performance.
C. Providing false credit status
D. provide false labor relations certificate of the project leader.
E. bidding documents of different bidders are mixed with each other.
Answer ABCD
Analyze the use of forged or altered licenses; Providing false financial status or performance; Providing false resumes and labor relations certificates of project leaders or main technicians; Providing false credit status; Other fraudulent acts. E is regarded as collusive bidding. 12. According to the Bidding Law and the Regulations for the Implementation of the Bidding Law, the statement about the bidding project is correct (). (20 14.76)
The tenderer shall not authorize the bid evaluation committee to directly determine the winning bidder.
B members of the bid evaluation Committee shall be personally responsible for their evaluation opinions.
C the performance bond shall not exceed 10% of the bid-winning contract amount.
D for the project controlled by state-owned funds and subject to tender according to law, the winning candidate ranked first is the winning bidder.
E. The tenderer may negotiate with the bidder on the bid price, bid plan and other substantive contents.
Answer BCD
According to Article 44 of the Bidding Law, members of the bid evaluation committee shall perform their duties objectively and fairly, abide by professional ethics, and take personal responsibility for the bid evaluation opinions put forward. The tenderer may authorize the bid evaluation committee to directly determine the winning bidder; The tenderer shall not negotiate with the bidder on the bid price, bid plan and other substantive contents.
13. Among the following bidding behaviors of construction projects, () belongs to the unfair competition behavior of bidders. (20 14.77)
A. Bidders collude with each other in bidding
B. Bidders collude with the tenderee in bidding
C. the bidder manipulates the bid.
D. Bidders bid in the name of others.
E. the bidder's bid is higher than the market price.
Answer ABD
The analysis of unfair competition behavior includes: (1) Bidders bid in collusion with each other; (two) the tenderer and the bidder collude in bidding; (3) The bidder wins the bid by bribery; (four) the bidder bids at a price lower than the cost; (5) The bidder cheats to win the bid in the name of others or by other means.
14. A project that should be subject to tender according to law may not be subject to construction tender under the following circumstances: (). (20 15. 12)
A. the technology is complex and has special requirements.
Investors in franchise projects selected through bidding can build, produce or provide them by themselves according to law.
C the purchaser builds, produces or provides more cost-effective products.
D the project, goods or services must be purchased from the original winning bidder, otherwise the cost will increase greatly.
Reference answer b
This topic analyzes and investigates the construction projects that cannot be tendered. The Law on Tendering and Bidding stipulates that projects involving national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds for work relief, and the need to use migrant workers, which are not suitable for bidding, may not be subject to bidding in accordance with relevant state regulations. The Regulations for the Implementation of the Bidding Law also stipulates that, except for special circumstances stipulated in the Bidding Law, no bidding shall be conducted under any of the following circumstances: (1) irreplaceable patents or proprietary technologies are needed; (2) The purchaser may construct, produce or provide it by himself according to law; (3) Investors selected by bidding for franchise projects can build, produce or provide them by themselves according to law; (4) It is necessary to purchase the project, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements; (five) other special circumstances stipulated by the state.
15. The statement about the performance bond is correct (). (20 15.22)
A. the winning bidder must pay the performance bond.
B the performance bond shall not exceed 20% of the bid-winning contract amount.
Performance bond is another form of bid bond.
D. If the winning bidder refuses to submit the performance bond in violation of the requirements of the tender documents, it shall be deemed as giving up the winning project.
Reference answer d
The analysis shows that the performance bond shall not exceed 65,438+00% of the winning contract amount. If the tenderer requires the winning bidder to submit the performance bond, the winning bidder shall submit it. The performance bond is used to ensure the smooth performance of the construction contract, while the bidder of the bid bond guarantees its effective bidding behavior. The two are not the same concept.
16. The actions of the following members of the bid assessment committee are legal (). (20 15.26)
A. ask the tenderer to determine the intention of the winning bidder.
B. put forward negative opinions on the bid.
C. accept the clarification provided by the bidder.
D. accept personal opinions.
Reference answer b
When option C appears, the bid evaluation committee requires the bidder to make necessary clarification or explanation on the ambiguous contents in the bid documents. However, clarification or explanation shall not go beyond the scope of the bid documents or change the substantive contents of the bid documents. Option a, the bid evaluation committee shall not ask the tenderer about the intention of the winning bidder. If the D option is wrong, you may not accept any express or implied tendency of any unit or individual.
17. The statement about bidding is correct (). (20 15.27)
A. If the bidding documents are not sealed by the tendering unit and signed by the person in charge of the unit, the tenderee shall reject them.
B. If the bidding documents do not strictly meet the requirements of the bidding documents, the tenderee will reject them.
C. If the bidder fails to submit the bid documents, it shall give a reasonable explanation to the tenderer.
D. If a consortium bids, its members may be replaced before the bid evaluation committee submits a written bid evaluation report.
Reference answer b
If the bidding documents are not sealed by the tendering unit and signed by the person in charge of the unit, the bidding will be rejected; If the bidder fails to pass the pre-qualification, is delivered late and is not sealed according to the requirements of the tender documents, the tenderer shall reject it. If the consortium bids, if the consortium adds or subtracts members after the prequalification, its bid will be invalid.
18. The statement about the bidding method is correct (). (20 15.29)
A. Open tender means that the tenderer invites a specific legal person or other organization to bid by means of tender announcement.
B invitation to bid means that the tenderer invites more than five specific legal persons or other organizations to bid in the form of invitation to bid.
C if the local key projects determined by the provincial people's government are not suitable for public bidding, they may be invited to bid with the approval of the provincial people's government.
D. All projects that must be subject to tender according to law with state-owned funds as the holding or leading position shall be subject to public tender.
Reference answer c
Analysis error a. Open tender means that the tenderer invites unspecified legal persons or other organizations to bid by means of tender announcement. B error, inviting bidding is to invite more than three specific legal persons or other organizations to bid in the form of invitation to bid; Scheme C: If the national key projects determined by the development planning department of the State Council and the local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are not suitable for public bidding, inviting bidding may be conducted with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Option d: If the state-owned funds occupy the controlling or leading position, the projects that must be tendered according to law shall be publicly tendered; However, under any of the following circumstances, the tender may be invited: (1) The technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose; (2) The cost of public bidding accounts for a large proportion of the project contract amount.
19. The statement about the bidding method is correct (). (20 15.37)
A. According to the Bidding Law, bidding is divided into three ways: open bidding, invitation bidding and negotiation.
B. According to the relevant regulations of our country, if inviting public bidding is adopted, it must be approved.
C. If public bidding is adopted, the tenderer may set certain conditions to limit the number of bidders.
D domestic competitive bidding includes open bidding and invitation bidding.
Reference answer c
Parsing option a: error. According to the Bidding Law, bidding is divided into open bidding and invitation bidding. Option b: error. If the national key projects determined by the development planning department of the State Council and the local key projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are not suitable for public bidding, they may be invited to bid with the approval of the development planning department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The "Regulations on the Implementation of the Bidding Law" further stipulates that projects that must be tendered according to law with state-owned funds as the holding or leading position shall be publicly tendered; However, under any of the following circumstances, the tender may be invited: (1) The technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose; (2) The cost of public bidding accounts for a large proportion of the project contract amount. Option c: correct. A tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions. However, option C does not stipulate unreasonable conditions. Option d: Error, class dismissed. For domestic bidding, you can write the tender in your own language, advertise in the domestic media only, sell the tender publicly, and open the bid.
20. In the following cases, the bidder's bid is valid (). (20 15.4 1)
A. the bidder pays the tenderer for winning the bid.
B the bidder indicated in the tender that it would give the tenderer a discount to win the bid.
C. In order to win the bid, the bidder gives the tenderer an off-balance-sheet rebate.
D the bidder gives the property outside the account of the bid evaluation committee to win the bid.
Reference answer b
This topic analyzes and examines the provisions prohibiting unfair competition such as collusive bidding. It is a serious illegal act for bidders to win the bid by bribery, and its legal consequence is that the bid is invalid. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; If a single person or individual of the other party receives kickbacks outside the account, it shall be punished as bribery. Bidders are prohibited from winning the bid by bribing the tenderee or members of the bid evaluation committee.
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