Article 1 These regulations are formulated in accordance with the "Tendering and Bidding Law of the People's Republic of China" and relevant laws and regulations, and in combination with the actual conditions of this province.
Article 2: These regulations shall apply to bidding activities conducted within the administrative region of this province.
Article 3 The following engineering construction projects within the administrative region of this province, including project survey, design, construction, supervision and the procurement of important equipment and materials related to the engineering construction projects, must be tendered in accordance with the law:
(1) Infrastructure projects and public utility projects related to public interests and public safety;
(2) Projects invested entirely or partially with state-owned funds;
(3) Projects financed by the state;
(4) Projects using loans and aid funds from international organizations or foreign governments.
The procurement of important equipment and materials related to the projects listed in the preceding paragraph may be procured by the tenderer through bidding, or may be contracted by the tenderer together with the main project to the winning bidder during the construction bidding process. , tendered and procured by the winning bidder.
The specific scope and scale standards of engineering construction projects that must be tendered according to law shall be formulated by the Provincial People's Government in accordance with relevant national regulations.
Article 4: Procurement of medicines, medical equipment, teaching materials and teaching aids, electricity, transportation, office facilities, office supplies and other goods, government procurement and property management, finance and insurance, scientific research projects, consulting and evaluation and other services The scope and scale standards for bidding shall be implemented in accordance with relevant laws and regulations, and the bidding procedures shall be handled in accordance with relevant laws and relevant provisions of these Regulations.
Article 5: The development and reform departments of the people's governments at or above the county level guide and coordinate bidding activities within their respective administrative regions.
Other relevant administrative supervision departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, supervise the bidding activities within their respective administrative regions in accordance with the law, and investigate and deal with illegal activities in the bidding activities.
The development and reform departments of provincial, municipal, state people's governments and regional administrative offices are responsible for supervising and inspecting the bidding activities of major construction projects within their respective administrative regions. Article 6 Engineering construction projects that require bidding according to law shall meet the following conditions:
(1) According to the different stages of the project, its project proposal and estimate, or feasibility study report and estimate, or preliminary The design and budget estimate, or construction drawing documents have been approved;
(2) The preliminary bidding plan including the bidding method, bidding organization form, bidding scope, etc. has been approved by the project approval department;
(3) There are corresponding funds or the source of funds has been implemented;
(4) There are documents, drawings and technical materials required for the corresponding bidding stage;
(5) Laws and regulations other conditions.
Due to special circumstances, surveying and design can carry out bidding activities before submitting the feasibility study report, but this should be explained in the submitted feasibility study report.
Article 7 The preliminary bidding plan shall meet the following conditions:
(1) The preliminary bidding plan has been completed and complies with the current national technical and economic policies and relevant standards and regulations;
p>
(2) The preliminary bidding plan shall include the bidding scope, bidding organization form, bidding method, division of bidding sections and relevant information to be submitted.
After the preliminary bidding plan documents are compiled, the relevant departments, construction units or project legal persons submit an application report for approval to the project approval department, which will make an approval decision within 20 days.
Article 8: Bidding announcements for projects subject to public bidding in accordance with the law must be published in newspapers, information networks or other media designated by the development and reform department of the national or provincial people's government according to the scale standards of the project.
The tenderer shall not terminate the bidding after issuing a bidding announcement or issuing a bidding invitation, except for force majeure reasons.
The time between the date when the tenderer or the bidding agency publishes the bidding announcement or the invitation to bid and the date when the bidding documents begin to be sold shall not be less than 5 days.
Article 9: Projects that use all state-owned funds or state financing, or projects in which state-owned funds or state financing hold a controlling or dominant position, shall be subject to public bidding in accordance with the law. However, if one of the following circumstances occurs, according to the nature and management authority of the project, and with the approval of the project approval department, bidding may be invited:
(1) There are more than 3 but less than 5 potential bidders available Selected;
(2) The technology is complex or there are special requirements for the protection of proprietary technology and patent rights;
(3) Compared with the value of the bidding project, the cost of public bidding is relatively Excessively high;
(4) Other circumstances stipulated by laws and regulations.
The bidding method for other projects that require bidding according to law shall be decided by the bidder independently.
If it meets one of the circumstances listed in paragraph 1 and is a provincial key construction project determined by the Provincial People's Government, the use of invitational bidding must be approved by the Provincial People's Government.
After the report or plan for invitation to bid is completed, the relevant department or project legal person submits an application report to the project approval department, and the project approval department shall make a written decision within 20 days; for provincial projects that need to be approved by the Provincial People’s Government For key construction projects, the Provincial People's Government shall make a written decision within 20 days.
Article 10: The form of bidding organization is divided into two types: the bidder organizes the bidding on its own and the bidder entrusts a bidding agency to perform the bidding on its behalf. The tenderer who organizes the bidding on his own shall have the ability to prepare bidding documents and organize bid evaluation, and the bidding agency must have corresponding qualifications recognized by the relevant administrative departments of the State Council or the Provincial People's Government.
Article 11 The bidding agency and the tenderer shall sign a written agency contract. The bidding agency shall act as an agent on bidding matters within the scope entrusted by the bidder and abide by the provisions of these Regulations on bidders.
Tendering agencies entrusted by the tenderer shall not accept bidding agency and bidding consulting services for the same bidding project, shall not have affiliations or other interests with bidders for the same bidding project, shall not disclose business secrets, and shall not Participate or participate in disguised form in bidding-related services for the same bidding project. Without the consent of the tenderer, the tendering agency shall not transfer the tendering agency business.
Tendering agencies shall collect agency fees from clients in accordance with the regulations of the price authorities of the national and provincial people's governments, and may not set up charging items or increase charging standards without authorization.
Article 12 The bidding agency may undertake the following bidding matters based on its corresponding qualifications and the entrustment of the tenderer:
(1) Draft bidding plans, publish bidding announcements or send bids Invitation letter;
(2) Review bidder qualifications;
(3) Prepare and sell bidding documents;
(4) Organize bidders to visit the project On-site and answer questions;
(5) Prepare base bid;
(6) Receive bid documents;
(7) Organize bid opening, bid evaluation, and submit written comments Bidding report;
(8) Drafting the contract;
(9) Proposing a written report on the bidding situation;
(10) Other matters entrusted by the tenderer matter.
Article 13 If potential bidders need to be pre-qualified, the tenderer or bidding agency shall conduct it according to the conditions specified in the bidding announcement or bidding invitation. The pre-qualification review shall include the following contents:
(1) Whether it has legal person qualifications;
(2) Whether it has the corresponding qualifications and abilities to perform the contract;
( 3) Whether it is ordered to suspend business, its property is taken over or frozen, or it is bankrupt, whether it is in a period when its bidding qualifications are cancelled, whether it is due to litigation or arbitration that may affect the performance of the contract;
(4) Bidding in the form of a consortium , whether there is a separate bidding agreement, and whether all parties to the consortium have the corresponding qualifications;
(5) Performance of the contract in the last three years;
(VI) ) Other matters stipulated in laws and regulations.
The tenderer shall not restrict or exclude potential bidders with conditions not specified in the bidding announcement or bidding invitation.
Article 14 The tenderer or bidding agency shall prepare bidding documents based on the characteristics and needs of the bidding project. The bidding documents mainly include the following contents:
(1) Instructions for bidders;
(2) Items for qualification review, the conditions for bidder qualification review, and the information required from bidders Relevant qualification and credit certification documents;
(3) The nature, scope, scale, quantity, standards and technical terms of the bidding project, as well as the corresponding drawings and materials;
(4) Bid evaluation standards, methods and contract award conditions;
(5) Tender document format and preparation requirements, as well as the number of original and duplicate copies;
(6) Tender quotation list;
(7) The method, place and deadline for submitting bid documents;
(8) The bid validity period, the time and place of bid opening, and the schedule for bid evaluation and bid determination;
p>
(9) Main terms of the contract;
(10) Requirements for bid deposit or bid guarantee, performance deposit or performance guarantee and other auxiliary bidding materials;
(11) ) is the administrative supervision department that accepts complaints and reports.
The bidding documents shall not require or indicate a specific patent, trademark, name, design, origin or production supplier, and shall not contain content that restricts, excludes or discriminates against potential bidders.
Article 15 The bid evaluation standards, methods and bid award conditions in the bid invitation documents shall be clear and specific, and no changes shall be made during the bid evaluation process. If changes are really needed, all bidders must be notified in writing 15 days before the bid deadline.
The changed content shall be included as an integral part of the bidding documents.
Bid evaluation methods include the reviewed lowest bid price method or comprehensive evaluation method or other bid evaluation methods permitted by laws and regulations.
Article 16 For projects that require bidding according to law, the bidder shall submit the bidding documents to the relevant administrative supervision department for record five days before selling the bidding documents in accordance with the nature and management authority of the project. Relevant administrative supervision departments shall not participate in the preparation of bidding documents.
The tenderer or bidding agency shall sell bidding documents at the time and place specified in the bidding announcement or bidding invitation.
Article 17 Bidding projects generally do not have a minimum bid; if a minimum is set, only one minimum can be set.
The base bid shall be prepared by the tenderer itself or entrusted by an intermediary agency with corresponding qualifications to prepare the bid. The bid base and its preparation process must be kept strictly confidential.
The administrative supervision department shall not force the tenderee to prepare or submit a base bid for review, or interfere with its determination of the base bid.
Article 18: Legal persons that provide consulting services for the preliminary preparation of a bidding project shall not participate in the bidding of the project.
Tenderers shall not participate in the bidding activities of their bidding projects, and bidders shall not participate in bid evaluation activities.
Article 19 The bidder shall have the ability to undertake the bidding project, and shall provide the following certificates and information to the bidder when bidding:
(1) Business license or official seal of the legal person A copy of the business license with the seal of the legal representative, a qualification certificate or a copy of the qualification certificate with the official seal of the legal person and the seal of the legal representative, a copy of the legal representative certificate and his or her ID card, or a power of attorney from the legal representative and the person being delegated Identity card;
(2) Credit standing and contract performance in the past three years;
(3) Corresponding performance materials;
(4) Provisions of bidding documents other documents and information.
Article 20: Bidders shall prepare bidding documents in accordance with the requirements of the bidding documents.
The bidding documents mainly include the following contents:
(1) Bid letter;
(2) Bid deposit or bid guarantee;
(3) Complete the bidding project Technical plans, implementation methods, technical personnel and equipment allocation and organizational management measures;
(4) Measures to ensure the quality, safety and construction period of the bidding project;
(5) Tender quotation list ;
(6) Other relevant materials required to be stated or provided in the bidding documents.
If the bidder plans to subcontract some non-main and non-critical work of the winning project after winning the bid based on the actual situation of the project stated in the bidding documents, it shall be stated in the bidding documents.
If bidding in the form of a consortium, the bidding document shall include a separate bidding agreement.
Article 21: If a bidder entrusts others to prepare bidding documents, the entrusted party shall not disclose the bidder's business secrets to others, nor shall he prepare bidding documents for other bidders participating in the bidding for the same project.
Article 22: After the deadline for submitting bid documents specified in the bidding documents, the bidder shall not modify or withdraw its bid documents, otherwise its bidding qualification will be cancelled, and its bid deposit will not be refunded.
Article 23 The tenderer or tendering agency shall not engage in the following acts:
(1) Open the tender document before the tender opening, inform the tenderer of the tender situation, or act for the tenderer Replace or change the bidding documents;
(2) Disclose the lowest bid to the bidder;
(3) Define the winning bidder in advance;
(4) Disclose the bid to the bidder Asking for bribes, or accepting bribes from bidders;
(5) Other illegal behaviors that affect fair competition.
Article 24 Bidders shall not engage in the following behaviors:
(1) Collusion in preparing bidding documents, raising or lowering bid prices;
( 2) Collude with the tenderer to bid, seek to win the bid by bribing the tenderer or members of the bid evaluation committee, or lower or raise the bid price when bidding, and then provide additional compensation to the tenderer or other bidders after winning the bid;
(3) Obtain qualifications or qualification certificates from other legal persons or organizations by means of affiliation, transfer, leasing, etc. to bid, or use other methods to defraud and win the bid;
(4) Serve as two or more bidders Or members of a consortium participate in bidding for the same project;
(5) Other illegal acts that exclude other bidders from fair competition.
Consulting, surveying, designing, construction, supervision, bidding agency and other units shall not transfer, lease or assign their qualification certificates to other legal persons, organizations or individuals.
Article 25 If the bidding documents require the bidder to submit a bid deposit or a bid guarantee, the bidder shall submit it to the tenderer when the bid documents are served. The bid deposit or bid guarantee is generally 0.5 to 2 of the estimated contract price. Article 26 The bid opening shall be held publicly at the same time as the deadline for submission of bid documents specified in the bidding documents. The bid opening shall be hosted by the tenderer or the bidding agency, and all bidders shall be notified to participate.
When the bid is opened, the bidder or its elected representative shall check the sealing condition of the bid document, and the bidder or the bidding agency shall inspect the original certificates required by the bidder to provide in Paragraph 1 of Article 19 of these Regulations. It can also be inspected and notarized by a notary institution entrusted by the tenderer; after confirmation, the bidder's name, bid price and other main contents of the bid document will be opened in public and read out.
Article 27 The bid opening process shall be recorded and signed by the host and relevant supervisors present and filed for future reference. The content of the bid opening record is:
(1) Name, scale and quantity of the bidding project;
(2) Time and place of bid opening;
(3) ) Units and personnel participating in the bid opening;
(4) The name of the bidder and its bid price;
(5) Other matters that should be recorded.
Article 28 The composition of the bid evaluation committee, bid evaluation and bid determination shall be conducted in accordance with relevant national regulations.
The bid evaluation committee is generally established by the tenderer in accordance with the law within 24 hours before the bid opening. The list of members of the bid evaluation committee and the bid evaluation process shall be kept confidential before the winning bid results are announced.
Article 29 The experts of the bid evaluation committee shall be selected by the bidder from the list of experts provided by the relevant departments of the State Council or the relevant departments of the provincial people's government or the list of experts in the corresponding professions in the expert database of the bidding agency. OK.
To determine the bid evaluation experts, random selection can be adopted for general bidding projects; projects with particularly complex technology, particularly high professional requirements or special national requirements can be directly determined by the bidder.
The Provincial People's Government shall establish a comprehensive roster of bid evaluation experts.
Article 30 Anyone who falls under any of the following circumstances shall not serve as a member of the bid evaluation committee in this province:
(1) A working staff member of the bidder or the person in charge of the bidder Close relatives;
(2) Staff members of the project management department or administrative supervision department;
(3) Having an interest relationship with the bidder, which may affect the fair bid evaluation;
p>
(4) Those who have received administrative penalties for less than 3 years or received criminal penalties due to illegal acts during bidding activities.
Article 31 Bid evaluation and bid determination shall be completed within 30 days after the bid opening. If it cannot be completed on time, the tenderer shall notify all bidders of the extension of the time limit. A bidder who refuses to extend the time limit and abandons the bid shall have the right to withdraw the bid deposit or bid guarantee. If the extension of the time limit causes losses to the bidder, the tenderer shall compensate the bidder, except for force majeure.
Article 32 If any of the following circumstances occurs, the bid will be deemed invalid by the bid evaluation committee:
(1) The bidder required by Paragraph 1 of Article 19 of these Regulations The documents provided are incomplete;
(2) The bid letter does not have the official seal of the bidder and the seal and signature of the legal representative or the legal representative’s authorized agent;
(3) ) The bidding documents are not filled in in accordance with the format specified in the bidding documents, or the filled-in content is incomplete, or unclear, causing ambiguity, or the alterations are not stamped with the official seal of the bidder and the seal of the legal representative;
(IV) ) The bidder submits two or more bid documents with different contents without specifying which one is valid, or there are more than two quotations for the same bidding project in one bid document without specifying which one is valid;
(five ) The bidder is inconsistent with the name and organizational structure of the unit that has passed the prequalification, and cannot provide legal and valid proof of the transfer of its rights and obligations;
(6) Bidding in the form of a consortium without *** consent Bidding agreement;
(7) The bidder fails to provide a bid deposit or bid guarantee in accordance with the requirements of the bidding documents;
(8) If the bid price is significantly lower than the cost, the bidder cannot Reasonable explanation or failure to provide relevant supporting materials;
(9) Bidding documents fail to substantially respond to the requirements and conditions proposed in the bidding documents;
(10) Bidders Bidding in the name of others, colluding with bidding, seeking to win the bid by bribery, or bidding through fraud; (11) The bidding document contains conditions that are unacceptable to the tenderer;
(12) Meet other bid cancellation conditions stipulated in the bidding documents.
Article 33 The bid evaluation committee shall complete the bid evaluation within 10 days after the bid opening and submit a written bid evaluation report to the tenderee. The content of the written bid evaluation report shall include: basic information of the project and data table, list of bid evaluation committee members, bid opening status, list of bids that meet the requirements, bid evaluation status, bid comparison list after review and ranking of bidders, recommended 1 to the list of 3 winning bidders and other relevant information.
Article 34 The tenderer shall, within 10 days from the date of receipt of the bid evaluation report submitted by the bid evaluation committee, determine the winning bidder according to the order of the list of winning candidates and publicize the winning results. , the publicity period shall not be less than 3 days.
If the bid invitation committee authorizes the bid evaluation committee to directly determine the bid winner, the bid inviter shall publicize the bid winner determined by the bid evaluation committee in accordance with the provisions of the preceding paragraph.
Any objections after public announcement will be handled by the relevant administrative supervision departments in accordance with the law.
Article 35: The tenderer shall not illegally determine the winning bidder. If the conditions of the winning candidates are equal and the order cannot be determined, the tenderer shall determine the winning bidder on site.
Relevant administrative supervision departments shall not interfere with the tenderer's independent determination of the winning bidder through approval, verification, licensing, filing, etc.
Article 36 The tenderer shall issue a bid winning notice to the winning bidder within 5 days after the bid winning result is announced and there is no objection, and at the same time notify other bidders of the winning bid result.
The tenderer shall not make lower quotations, increase workload, shorten construction period or other unreasonable requirements to the successful bidder, and use this as a condition for issuing a notice of winning the bid.
Article 37 The tenderer and the winning bidder shall sign a written contract in accordance with the bidding documents and the bidding documents of the winning bidder within 30 days from the date of issuance of the bid winning notice.
The contract price of engineering construction projects that require bidding according to law must be controlled within the approved estimated investment or budget investment, and shall not be lower than the project cost.
If the bidding documents require the winning bidder to submit a performance bond or a performance guarantee, the winning bidder shall submit it; if the winning bidder requires the tenderer to submit a performance guarantee, the tenderer shall submit it.
Article 38 The winning bidder proposes additional conditions to the tenderer when signing the contract, or refuses to submit a performance bond or performance guarantee, or voluntarily gives up on winning the bid, or is unable to submit the contract within the time specified in the bidding documents. If a contract is signed, the tenderer has the right to cancel the qualification for winning the bid, and the bid deposit will not be refunded. The tenderer shall separately determine the winning bidder according to the order of the list of winning bidders and make a public announcement.
Within 5 days from the date when the contract is signed between the tenderer and the successful bidder, the bid deposit or the bid guarantee shall be returned to the successful bidder and other bidders.
Article 39: For projects that require bidding according to law, the tenderer shall submit a written report on the bidding situation to the relevant administrative supervision department for record within 15 days from the date the successful bidder is determined.
The written report on the bidding situation shall include the following contents:
(1) Bidding scope;
(2) Bidding method, bidding organization form and bidding announcement Media for announcement;
(3) Instructions to bidders, technical terms, bid evaluation standards and methods, award conditions, main terms of the contract, etc. in the bidding documents;
(4) Bid evaluation report;
(5) Bid winning results;
(6) Other related matters that need to be reported.
If pre-qualification is carried out, the written report shall include the pre-qualification documents and the pre-qualification results.
Article 40 The tenderer shall not designate the subcontracting unit of the winning project for the winning bidder.
The winning bidder shall perform its obligations in accordance with the contract and complete the winning project. The winning bidder may not transfer the winning project to others, nor may the winning bidder dismember the winning project and transfer it to others separately.
In accordance with the contract or with the consent of the tenderer, the winning bidder may subcontract some non-subject and non-critical work of the winning project to others. The person who accepts subcontracting shall meet the corresponding qualifications and shall not subcontract again.
The winning bidder shall be responsible to the tenderer for the subcontracted project, and the person accepting the subcontract shall bear joint and several liability for the subcontracted project. Article 41 The relevant administrative supervision departments shall perform the following supervision responsibilities for bidding activities:
(1) Supervise and inspect whether the actions of the parties involved in bidding activities comply with the authority and procedures stipulated in laws and regulations;
(2) Supervise and inspect relevant documents and materials related to tendering and bidding activities, and verify their legality and authenticity;
(3) Supervise and inspect prequalification, bid opening, bid evaluation, and bid determination Whether the process is legal and in compliance with the provisions of pre-qualification documents and bidding documents;
(4) Supervise and inspect the implementation of bidding results.
Article 42: Relevant administrative supervision departments may supervise bidding activities through on-site supervision, comprehensive inspections, special law enforcement inspections, key spot inspections, major project inspections, filings, and acceptance of complaints and reports, and investigate and deal with them in accordance with the law. Illegal conduct.
Relevant administrative supervision departments shall promptly notify the project approval department of problems discovered during the law enforcement supervision process, and the project approval department shall suspend project execution or fund allocation in accordance with the law according to the circumstances.
Article 43: During the supervision and management process, the relevant administrative supervision departments shall not charge any administrative fees from the tenderers, bidders, bidding agencies and other parties involved in bidding activities. Except as otherwise provided by laws and regulations.
Article 44 If the parties to the bidding activities or other interested parties believe that the bidding activities do not comply with the relevant laws, regulations and the relevant provisions of these Regulations, they have the right to report to the relevant administrative supervision departments and other relevant state agencies. For complaints and reports, the relevant departments shall investigate and handle them within 30 days from the date of acceptance and respond to the complainant and whistleblower on the handling situation.
Article 45 The administrative supervision organs of the people's governments at or above the county level shall strengthen supervision and inspection of the relevant administrative supervision departments' compliance with and implementation of relevant laws, regulations and these Regulations in accordance with the law, and accept and investigate and deal with relevant administrative supervision departments' compliance with and implementation of relevant laws, regulations and these Regulations. Reports of illegal and disciplinary behavior of supervisory departments and their staff intervening in tendering and bidding activities.
Article 46: The Provincial People's Government shall establish a tendering and bidding supervision service network in the province and establish a recording system for illegal acts of parties involved in tendering and bidding activities. Record the illegal acts and handling results of parties involved in tendering and bidding activities such as tenderers, tendering agencies, bidders, bid evaluation committee members, etc., for inquiry by parties involved in tendering and bidding activities, relevant administrative supervision departments and the public. Article 47 If, in violation of the provisions of these Regulations, the preliminary bidding plan for a project that requires bidding according to law should be approved by the project approval department but is not approved or the bidding is not conducted in accordance with the preliminary bidding plan approved by the project approval department, the relevant administrative supervision department shall Order corrections within a time limit, and for projects that use all or part of state-owned funds, project execution or fund allocation may be suspended; if the circumstances are serious, the winning bid may be declared invalid; the directly responsible person in charge of the unit and other directly responsible personnel shall be given administrative sanctions in accordance with the law.
Article 48 If the tenderer or the entrusted tendering agency violates the provisions of paragraphs 1 and 3 of Article 8 and paragraph 2 of Article 16 of these Regulations, the relevant administrative supervision department shall order it to proceed within a time limit. Corrections may result in a fine of not less than RMB 10,000 but not more than RMB 30,000.
Article 49: Anyone who violates the provisions of Paragraph 2 of Article 8 and Paragraphs 1 and 3 of Article 9 of these Regulations and terminates bidding or conducts invitational bidding without authorization shall be ordered to make corrections or make an announcement by the relevant administrative supervision department. If the tender is invalid, a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed; for projects that use all or part of state-owned funds, project execution or fund allocation may be suspended; the person in charge directly responsible for the unit and Other directly responsible persons
will be given administrative sanctions in accordance with the law; if losses are caused to the bidder and other interested parties, the tenderer shall bear the liability for compensation in accordance with the law
Article 50 If a bidding agency violates the provisions of Article 11 of these Regulations, its bidding agency shall be invalid, and the relevant administrative supervision department shall impose a fine of not less than 20,000 yuan but not more than 50,000 yuan, and the unit shall be fined The directly responsible person in charge and other directly responsible personnel shall be fined not less than RMB 2,000 but not more than RMB 5,000.
Article 51 If a tenderer violates the provisions of paragraph 1 of Article 16, paragraph 1 of Article 36 and paragraph 1 of Article 39 of these Regulations, the relevant administrative supervision department shall order it to make corrections. For projects that use all or part of state-owned funds, project execution or fund allocation may be suspended.
If the tenderer violates the provisions of Article 37 of these Regulations, it shall be dealt with in accordance with the provisions of the preceding paragraph. If it causes losses to the winning bidder, it shall bear liability for compensation in accordance with the law.
Article 52 Anyone who violates the provisions of Articles 18 and 21 of these Regulations shall be ordered by the relevant administrative supervision department to make corrections within a time limit, and may be fined not less than 20,000 yuan but not more than 50,000 yuan, and The person in charge and other directly responsible personnel of the unit shall be fined not less than 2,000 yuan but not more than 5,000 yuan; for projects that use all or part of state-owned funds, project execution or fund allocation may be suspended; in serious cases, an announcement may be made
The winning bid is invalid; the directly responsible person in charge and other directly responsible personnel of the unit will be given administrative sanctions in accordance with the law.
Article 53 The tenderer or the entrusted tendering agency violates the provisions of these Regulations, engages in false or fraudulent behavior during the tendering process, or fails to conduct the bidding in accordance with the conditions specified in the tendering announcement or tender invitation. Pre-qualification, or unauthorized changes to the bid evaluation standards, methods and contract award conditions, or failure to publicize the bid results, the relevant administrative supervision departments shall order corrections within a time limit or declare the bid invalid, and may impose a penalty of not less than 5‰ but not more than 10‰ of the estimated project contract price. fine.
Article 54 If the tenderer violates the first paragraph of Article 40 of these Regulations, the subcontracting shall be invalid, and the relevant administrative supervision department shall impose a fine of not less than 5‰ but not more than 10‰ on the subcontracting project amount. Fines shall be imposed; any illegal gains shall be confiscated.
Article 55 Violates Article 23, Article 24, Article 28, Article 29, Article 30 and other provisions of these Regulations, Penalties shall be imposed in accordance with relevant laws and regulations.
Article 56: Any unit or individual that violates the provisions of these Regulations and falls under any of the following circumstances shall be ordered to make corrections by the relevant administrative supervision department. If the person-in-charge and other directly responsible persons who are directly responsible for the unit are state agency staff, administrative supervision agencies will impose administrative sanctions in accordance with the law; if they are not state staff, the administrative supervision agency will make recommendations and the relevant departments and units will impose sanctions. :
(1) Restricting or excluding legal persons or other organizations outside the region or system from participating in bidding;
(2) Designating a bidding agency for the bidder;
p>
(3) Force the tenderee to entrust a bidding agency to handle bidding matters;
(4) Add the approval, verification, licensing, and filing matters for bidding without authorization;
(5) Force the tenderee to prepare or submit a bid base for review, or interfere with the tenderee's determination of the base bid;
(6) Illegally interfere with the tenderee's prequalification of bidders, the preparation of bidding documents, and the decision-making process of the bid evaluation committee Determination of the time and place for establishment, bid closing and bid opening, illegally interfering with the tenderer’s autonomy in matters such as bid opening, bid evaluation, determination of winning bidder and signing of contracts;
(7) Violating laws and regulations, submitting requests to bid The parties involved in bidding activities collect administrative fees;
(8) Engaging in malpractice for personal gain, abusing power, dereliction of duty, soliciting, offering and accepting bribes, which does not constitute a crime;
(9) Illegally intervening in bidding activities in other ways. Article 57 For projects that are not suitable for bidding involving national security, state secrets, emergency rescue and disaster relief, etc., projects that use poverty alleviation funds to implement work-for-relief projects, require the use of migrant workers and other special circumstances that are not suitable for bidding, the design and construction enterprises have Projects with corresponding qualifications that are self-constructed and self-used using self-raised funds may not require bidding in accordance with relevant national and provincial regulations.
Article 58 The Provincial People’s Government shall formulate supporting regulations for bidding and bidding in accordance with these regulations.
Article 59: These Regulations shall come into effect on January 1, 2003.