Linfen Engineering Construction Bidding Network in Linfen City, Interim Measures for the Management of Bidding for Construction Projects:
Chapter I General Provisions
Article 1 In order to regulate bidding and tendering activities, to protect the interests of the state, the interests of the social public *** and the legitimate rights and interests of the parties involved in bidding and tendering activities, to regulate the bidding and tendering activities of the construction projects in accordance with the law to avoid illegal and irregular phenomena occurring in bidding and tendering activities. Illegal, illegal phenomenon, according to the "Chinese people's *** and the State bidding law", "Chinese people's *** and the State bidding law implementation regulations", "Shanxi Province, bidding for construction projects," and relevant laws, rules and regulations, combined with the actuality of the city, the development of this approach.
Second in the administrative area of the city to carry out construction project bidding activities, the application of these measures.
Article 3 bidding and tendering activities shall follow the principles of openness, fairness, justice and honesty and credit.
Article 4 The development and reform departments are responsible for the guidance and coordination of bidding and tendering within the administrative region; responsible for and supervise the release of bidding announcements; responsible for bidding and tendering activities of key construction projects to carry out inspections.
Economic information, agriculture, housing, transportation, water conservancy, commerce, finance and other administrative departments, according to the current division of responsibilities, is responsible for the system of construction projects bidding activities to supervise. Finance department in accordance with the law on the implementation of bidding and tendering of government procurement of construction projects and the implementation of government procurement policy to implement the supervision of the budget implementation.
Supervisory organs, in accordance with the law on the bidding and tendering activities related to the implementation of the supervision of the subject.
Article 5 must be bid in accordance with the law, the bidding for the project, the bidding is not subject to regional or departmental restrictions. No unit or individual shall unlawfully restrict or exclude legal persons or other qualified organizations outside the region or system from participating in the bidding.
Article 6 The establishment of a unified and standardized bidding and tendering trading venues to provide services for bidding and tendering activities, trading venues shall not be subordinate to the administrative supervision department, shall not be for profit.
Chapter II Scope and Scale Standards of Bidding
Article 7 The following projects of infrastructure and public utilities that have a bearing on the public **** interests of the community and public safety meet the standards set forth in Article 9 of these Measures, they must be tendered:
(1) Coal, coke, natural gas, electric power, new energy and other energy projects;
(2) Railways, highway, pipeline, water transport, aviation and other transportation projects;
(iii) development projects of important mineral resources;
(iv) postal, telecommunication hubs, communications, information networks and other postal and telecommunication projects;
(v) flood control, irrigation, drainage, water diversion (water supply), mudflat management, soil and water conservation, aquatic, water pivots, and other water conservation projects;
( VI) roads, bridges, tunnels, subway and light rail transit, sewage treatment, garbage disposal, underground pipelines, public **** parking lot and other urban facilities projects;
(VII) ecological environmental protection projects;
(VIII) fire protection, human security, noise monitoring and other infrastructure projects;
(IX) water supply, electricity, gas, heating, gas, gardening, landscaping, Street lighting and other municipal engineering projects;
(x) science and technology, education, culture, health care, social welfare, sports, tourism and other projects;
(xi) office buildings, public **** building, commercial housing, sheltered housing;
(xii) other public utilities projects.
Article VIII of the following use of state-owned funds, state financing and the use of international organizations, foreign government funds of engineering and construction projects to meet the criteria of Article 9 of these Measures, must be open bidding:
(a) the use of budgetary funds at all levels of the project;
(b) the use of the financial management of the various governmental special construction funds for the project;
(iii) projects using the own funds of state-owned enterprises and institutions, and projects in which investors in state-owned assets actually have control;
(iv) projects using funds raised by state-issued bonds;
(v) projects using funds raised by the state's external borrowings or guarantees;
(vi) projects using state policy loans;
(vii) projects in which the government has authorized investment entities to raise funds;
(vii) projects in which the government has authorized investment entities to raise funds;
(vii) projects in which the government has authorized investment entities to raise funds;
(i) projects in which the government has authorized investment entities to raise funds; and Authorized investment projects financed by the main body;
(viii) Government-concession financing projects;
(ix) projects using loan funds from international organizations such as the World Bank, the Asian Development Bank and other international organizations;
(x) projects using loan funds from foreign governments and their agencies;
(xi) projects using aid funds from international organizations or foreign governments.
Article 9 Projects, procurement of goods, services and franchising that meet the scope of Articles 7 and 8 must be subject to public bidding if they meet one of the following criteria:
(1) construction projects with an estimated single contract price of more than 2 million yuan;
(2) procurement of important equipment, materials and other goods with an estimated single contract price of 1 million yuan or more;
(3) projects using funds from foreign governments and their agencies;
(4) projects using funds from international organizations or foreign government assistance;
(5) projects using funds from international organizations or foreign government assistance. million yuan or more;
(C) the procurement of survey, design, supervision and other services, the estimated value of a single contract is 500,000 yuan or more;
(D) the estimated value of a single contract is less than the standards set out in subparagraphs (a), (b), (c), but the total investment in the project is 30 million yuan or more.
Chapter III Tendering
Article 10 In accordance with the relevant provisions of the state need to perform project approval, approval procedures must be bidding projects, the scope of bidding, bidding, bidding organization shall be reported to the project approval, approval department for approval, approval. Project approval, approval of the department shall promptly approve, approve the scope of bidding, bidding, bidding organization form of notification of the relevant administrative supervision department.
Article 11 The bidder is a legal person or other organization that proposes a bidding project and conducts bidding. The bidder shall not engage in false bidding in the bidding process, and shall not collude with the bidders to the detriment of the national interest, the interests of the social public **** and the lawful rights and interests of other bidders.
Article 12 A construction project belonging to one of the following circumstances may not be subject to bidding, but an application for non-tendering must be made at the time of submitting the feasibility study report of the project or the application report of the project, together with a statement of the reasons for non-tendering, to be approved by the department of project examination and approval (approval).
(i) involving national security or special confidentiality requirements;
(ii) the survey and design of the construction project using a specific patented or specialized technology, or its architectural art modeling has special requirements;
(iii) contractors, suppliers or service providers less than three, and can not form an effective competition;
(iv) procurement The person is able to build, produce or provide by himself according to law;
(v) The investor of the concession project which has been selected through bidding is able to build, produce or provide by himself according to law;
(vi) It is necessary to procure works, goods or services from the original successful bidder, which would otherwise affect the construction or functional support requirements; (vii) It belongs to the use of poverty alleviation funds to implement the need to use migrant workers;
There is a need to use migrant workers;
There is a need to use migrant workers;
(i) There are fewer than three contractors, suppliers or service providers. The use of migrant workers;
(viii) Other reasons are not suitable for bidding.
Article XIII of the construction project due to special circumstances in the project feasibility study report before approval or project application report before the approval of the need to bidding, but also must be reported to the project approval (approval) department, by the project approval (approval) department of the bidding program approval.
Article 14 Projects that are required by law to carry out bidding, one of the following circumstances is not suitable for public bidding, after review by the project approval department, it can be invited to bid:
(1) technically complex or special requirements;
(2) special requirements for the protection of know-how and patents;
(3) the adoption of public bidding Costs account for too large a proportion of the contract amount of the project;
(iv) Restricted by natural resources or the environment;
(v) Other unsuitable for public bidding.
Article 15 of the construction project must be bidding in accordance with the law, the construction unit in the project feasibility study report or project application report at the same time, submit the project bidding program, the project approval (approval) department of the bidding program for approval. The contents of the bidding program include:
(a) construction projects, surveying, design, construction, supervision and important equipment, materials and other procurement activities of the specific scope of bidding (all or part of the bidding);
(b) construction projects, surveying, design, construction, supervision and procurement of important equipment, materials and other procurement activities to be used in the form of bidding organization (commissioned or self-bidding) (iii) The method of solicitation (open or invited bidding). Proposed use of self-tendering or invitations to tender, shall be in writing to explain the reasons;
(3) other relevant content.
The bidder in the bidding and tendering activities, there is a need to make adjustments to the bidding program, shall go to the original approval authority to re-approve the procedures.
Project units in the project feasibility study report or project application report without submitting the bidding program, the project approval (approval) department shall not approve the project feasibility study report or approval of the project application report.
Article XVI of the project must be bidding according to law, shall be filed with the relevant administrative supervision department. Bidders to handle their own bidding, shall have the ability to prepare bidding documents and organization of bid evaluation, including:
(a) with the scale and complexity of the bidding project with the appropriate professional and technical force;
(b) with a special bidding institutions or more than three full-time bidding staff;
(c) familiarity with and mastery of bidding and bidding related laws and regulations. , regulations.
Does not have one of the conditions set forth in the preceding paragraph, the bidder shall entrust the bidding agency with appropriate qualifications for bidding matters.
Article XVII must be bidding construction projects, the bidder to organize its own bidding, in the project approval (approval) department to report the project feasibility study report or project application report at the same time, it should also submit the following written materials:
(a) a copy of the business license of the project legal person, certificate of legal personality, or the formation of the project legal person documents;
(ii) With the bidding project compatible with the professional and technical force;
(3) within the bidding organization or full-time bidding staff of the basic situation, the past preparation of similar construction projects bidding documents and bid evaluation reports and bidding performance of the materials;
(4) laws and regulations provide for other materials.
The bidder meets the conditions for bidding on its own, may handle the bidding on its own, any unit or individual shall not be restricted, and shall not refuse to handle the construction-related procedures, and its bidding activities shall be subject to the supervision of the relevant administrative departments.
Article 18 The qualifications of the bidding agency in accordance with the law and the provisions of the State Council by the relevant departments. The competent administrative departments in accordance with the stipulated division of responsibilities for the supervision and management of bidding agencies in accordance with the law.
Article 19 The bidding agent in its qualification license and the scope of the bidder entrusted to carry out the bidding agent business, any unit or individual shall not unlawfully interfere.
The bidding agent agency bidding business, shall comply with the provisions of the bidding law and implementing regulations on the bidder. The bidding agency shall not bid or act as a bidder in the bidding project it is acting as an agent for, nor shall it provide advice to the bidders of the bidding project it is acting as an agent for.
Article 20 The agency authority of the bidding agent shall be specifically set forth in the bidding agent contract; the bidding agent exceeds the agency authority to the bidder causing losses, shall bear the liability for compensation according to law.
Article 21 bidding shall be based on the characteristics and needs of the bidding project preparation of bidding documents. The bidding documents shall include the following main contents:
(i) instructions to bidders;
(ii) the scope, nature, scale, quantity, standards and main technical requirements of the bidding project;
(iii) a list of the bidding price;
(iv) bid evaluation criteria, methods and relevant factors to be considered in the bid evaluation process;
(v) delivery, completion of the project or provision of services;
(vi) for projects with pre-qualification, the criteria for qualification examination of bidders, and the relevant qualification credentials required to be provided by the bidders;
(vii) requirements for the preparation of bidding documents;
(viii) the manner, place, and deadline for submission of the bidding documents, as well as the number of copies of the original and duplicate copies;
(ix) the criteria for evaluating the bids, the method of evaluation, and the relevant factors considered in the evaluation of the bids;
(x) the time of delivery, completion or provision of the services;
(y) the time of completion of the project; and p>(ix) the time and place for opening the bids;
(x) the period of validity of the bids;
(xi) the main terms and conditions of the contract;
(xii) the administrative supervisory authority to receive complaints.
Projects using all or part of the state-owned funds, the bidder in the bidding documents to determine the construction standards, construction content, etc. should be controlled within the scope approved by the project approval department.
Article 22 The bidder shall enter into a written commissioning contract with the commissioned bidding agent, and the fees agreed in the contract shall be in accordance with the relevant provisions of the state.
Article 23 Where a bidder adopts a pre-qualification method to qualify potential bidders, it shall issue a pre-qualification notice and prepare pre-qualification documents.
The pre-qualification announcement and the bidding announcement for projects which must be tendered according to law shall be issued through the media designated by the national and provincial development and reform departments.
The preparation of pre-qualification documents and bidding documents for projects that must be tendered by law, shall use the standard style developed by the development and reform department of the state council in conjunction with the relevant administrative supervision department.
Article 24 The bidder shall offer for sale the pre-qualification documents or the bidding documents in accordance with the time and place specified in the pre-qualification notice, the bidding notice or the invitation to tender. The pre-qualification or solicitation documents shall be put on sale for a period of not less than five days.
The fees charged by the bidder for the sale of pre-qualification documents, bidding documents shall be limited to compensate for the cost of printing and mailing, and shall not be for the purpose of making a profit.
Article 25 The bidder shall reasonably determine the time for submitting applications for pre-qualification. The time for submitting the application documents for pre-qualification for projects for which tendering is required by law shall not be less than five days from the date on which the pre-qualification documents cease to be offered for sale.
Article 26 Prequalification shall be conducted in accordance with the standards and methods set forth in the prequalification documents.
The bidder shall form a pre-qualification committee to examine the application documents for pre-qualification in the case of projects for which state-owned funds are in a controlling or dominant position and for which bidding must be conducted in accordance with the law. Qualification committee and its members shall comply with the bidding law and implementing regulations on the bid evaluation committee and its members.
Article 27 After the completion of pre-qualification, the bidder shall promptly issue a notice of the result of pre-qualification to the applicant for pre-qualification. An applicant who fails to pass the pre-qualification shall not be qualified to bid.
Article 28 If the contents of the pre-qualification documents or bidding documents prepared by the bidder violate the mandatory provisions of laws and regulations, or the principles of openness, fairness, impartiality and honesty and credit, and affect the results of the pre-qualification or the bidding of the potential bidders, the bidder of the project for which bidding must be carried out in accordance with the law shall re-tender the project after revising the pre-qualification documents or bidding documents.
Article 29 The bidder may, in accordance with law, the project as well as the goods and services related to the project all or part of the general contract bidding. The works, goods and services included in the scope of general contracting in the form of tentative estimates belong to the scope of items that must be tendered in accordance with the law and reach the scale standards prescribed by the State, shall be tendered in accordance with the law.
Article 30 The bidder shall not restrict or exclude potential bidders or bidders by unreasonable conditions.
If a bidder engages in any of the following acts, it is restricting or excluding potential bidders or tenderers by unreasonable conditions:
(1) providing differentiated project information to potential bidders or tenderers in respect of the same bidding project;
(2) setting up qualification, technical and commercial conditions that are not compatible with the specific characteristics and actual needs of the bidding project or are irrelevant to contractual performance;
(iii) using performance or awards in a specific administrative region or a specific industry as a bonus or winning condition for projects that are required to be tendered by law;
(iv) adopting different qualification or bid evaluation criteria for potential bidders or tenderers;
(v) restricting or designating particular patents, trademarks, brands, places of origin or Supplier;
(F) the project must be bidding by law unlawfully limit the potential bidders or bidders of the form of ownership or form of organization;
(VII) to other unreasonable conditions to limit or exclude potential bidders or bidders.
Chapter IV Bidding
Article 31 The bidder shall provide the following documents and information to the bidder when bidding:
(1) business license and corresponding qualification certificate;
(2) creditworthiness and performance in the last three years;
(3) corresponding performance materials;
(4) other documents and information stipulated in the bidding documents. documents and information.
Article 32 The bidder shall deliver the bidding documents after sealing them at the time and place specified in the bidding documents, and the bidder shall sign for them and issue a written proof of receipt. Written proof of receipt shall contain the time and place of signature, the number of documents and the name of the person signing the receipt.
Article 33 effective bidders shall not be less than 3, less than 3, the bidder shall re-tender according to law. Re-tendering after the effective bidders are still less than 3, belonging to the construction projects must be approved, reported to the original approval department for approval can change the bidding method or no longer open bidding.
Article 34 The bidding documents submitted by the applicant who has not passed the pre-qualification, as well as the bidding documents which are delivered late or not sealed in accordance with the requirements of the bidding documents, the bidder shall refuse to accept them.
The bidder shall truthfully record the time of delivery and sealing of the bidding documents and file them for inspection.
Article 35 The bidder shall set forth in the pre-qualification notice, bidding announcement or invitation to tender whether or not to accept the bidding of a consortium.
Where the bidder accepts the bidding of a consortium and conducts pre-qualification, the consortium shall be formed before submitting the pre-qualification documents. If the consortium adds, deletes or replaces members after pre-qualification, its bid shall be invalid.
Consortium parties in the same bidding project in their own name alone or participate in other consortium bidding, the relevant bid are invalid.
Article 36 Bidders and bidders shall not collude in the bidding and tendering process, and bidders shall not bid at below-cost prices, nor shall they bid in the name of another person without authorization, or otherwise falsify or fraudulently win the bid.
The bidders shall not collude with each other by negotiating the bidding price, agreeing on the winning bidder, or jointly excluding specific bidders.
The bidder of a project for which bidding is required by law shall not divulge the bidding price. Bidders, bidders, bidding agents, members of the bid evaluation committee in the bidding, bid evaluation, bidding process, shall not leak confidential information.
Chapter V. Opening, Evaluation and Award of Bids
Article 37 The opening of bids shall be carried out publicly at the same time as the deadline for submission of bidding documents as determined in the bidding documents; the place of the opening of the bids shall be the place pre-determined in the bidding documents.
Article 38 The opening of tenders by the bidder or commissioned bidding agent to preside over, invite all bidders to participate. The project must be bidding for the opening of tenders, shall be subject to the supervision of the relevant administrative department.
Article 39 The process of opening tenders shall record the following matters and file for inspection:
(1) the name, size and number of the bidding project;
(2) the time and place of the opening of tenders;
(3) the units and persons who participate in the opening of tenders;
(4) the names of the bidders and their bidding price;
(5) ) Other matters that should be recorded;
The record of the opening of bids is confirmed by the signature of the presiding officer and other relevant persons present.
Article 40 The bidder or the bidding agent shall determine the bid evaluation experts and form the bid evaluation committee from the provincial government bid evaluation expert database by random sampling. The number of members of the bid evaluation committee shall be more than five singular, of which technical and economic experts shall not be less than two-thirds of the total number of members. Specific formation and management methods in accordance with the "Shanxi Province, bid evaluation expert pool and bid evaluation expert management methods".
Article 41 One of the following circumstances, shall not serve as a member of the bid evaluation committee:
(1) the bidder or the bidder's main person in charge of the close relatives;
(2) the competent authorities of the project or the administrative supervision department;
(3) with the bidder has a financial interest in the bidder, which may affect the evaluation of bids fairly;
(iv) has been administratively or criminally penalized for engaging in illegal acts in bidding, bid evaluation and other activities related to bidding and tendering.
The bid evaluation committee members of one of the circumstances set forth in the preceding paragraph, shall take the initiative to recuse themselves.
Article 42 The members of the bid evaluation committee shall not have private contact with any bidder or any person who has an interest in the bidding results, shall not accept any property or other benefits from the bidders, intermediaries or other interested parties, and shall not disclose the evaluation of the bidding documents and the recommendation of the winning candidate as well as other information related to the bid evaluation.
Article 43 The bid evaluation experts shall meet the following conditions:
(1) they must be experts in the provincial government's bid evaluation expert database;
(2) they shall have good professional ethics, be able to perform their duties impartially, fairly, and honestly, and conscientiously safeguard the interests of the state and the lawful rights and interests of the two parties to the bidding and tendering;
(3) they shall have been engaged in the relevant professional fields for eight years, and have a senior level of expertise. Work for eight years, and has a senior title or equivalent professional level;
(d) familiar with the relevant laws and regulations on bidding and tendering, and have practical experience related to the bidding project.
Article 44 The bid evaluation committee shall systematically evaluate and compare the bidding documents in accordance with the bid evaluation standards and methods stipulated in the bidding documents. Criteria and methods not stipulated in the bidding documents shall not be used as the basis for evaluating tenders.
The bid evaluation standards and methods stipulated in the bidding documents shall be reasonable and shall not contain any content that tends to favor or exclude potential bidders, and shall not impede or restrict competition among bidders.
Article 45 In the process of evaluating tenders, the bid evaluation committee may request the bidders in writing to make necessary clarifications, explanations or corrections to the contents of the bidding documents which are unclear in meaning, inconsistent in their presentation of the same kind of issues, or which contain obvious textual and computational errors. Clarification, explanation or correction shall be in writing and shall not exceed the scope of the tender documents or change the substantive content of the tender documents.
Article 46 The bid evaluation committee to complete the evaluation of the tender, shall submit a written report to the bidder, and copy to the relevant administrative supervision department. Bid evaluation report shall truthfully record the following:
(a) the basic situation and data table;
(b) the list of members of the bid evaluation committee;
(c) the record of the opening of bids;
(d) the list of conforming bids;
(e) the list of bid evaluation criteria, bid evaluation methods or factors;
(f) the price or rating comparison list of the evaluated Evaluated price or scoring comparison list;
(vii) evaluated bid ranking;
(viii) recommended list of successful candidates and matters to be dealt with before the signing of the contract;
(ix) clarification, clarification, correction of the matter summary;
(j) the abolition of the bid description.
Article 47 The bid evaluation committee shall recommend the winning candidate shall be limited to one to three, and indicate the order of ranking.
In the case of a project using state-owned or state-financed funds, the bidder shall determine the first-ranked winning candidate to be the winning bidder. The first winning candidate to give up the winning bid, due to force majeure can not fulfill the contract, or failed to submit the required performance bond, the bidder may determine the second winning candidate as the winning bidder. If the second-ranked winning candidate is unable to sign the contract for the same reasons as specified in the preceding paragraph, the bidder may determine the third-ranked winning candidate to be the successful bidder.
The bidder may authorize the bid evaluation committee to determine the winning bidder directly.
If the state or the province has special provisions on the evaluation of bids for a particular tender, such provisions shall apply.
Article 48 Any of the following circumstances shall be dealt with as rejected bids:
(1) the bidder is unauthorized to bid in the name of another person, collusive bidding, bribery to obtain the winning bid, or other fraudulent bidding;
(2) there is no bidder's legal representative or his authorized agent to sign or seal;
(3) ) The deadline for completion of the bidding project set forth in the bidding documents exceeds the provisions of the bidding documents;
(iv) It does not conform to the requirements of technical specifications and standards;
(v) The manner in which the goods are packaged, the standards and methods of inspection, etc., do not conform to the requirements of the bidding documents;
(vi) It is accompanied by conditions which are unacceptable to the bidders;
(vii) It is not in conformity with the provisions of laws and regulations and of the bidding documents. and the provisions of the bidding documents.
Scrapped bids shall be recognized and announced by the bidder in public in accordance with the law at the opening of bids. Scrapped bids shall not participate in the evaluation of bids.
Article 49 must be bid in accordance with the law, the bidder shall, within 15 days from the date of determining the successful bidder, to the relevant administrative supervision department to submit a written report on bidding and tendering. The written report shall include the following:
(1) the method of bidding, the form of organization of bidding and the medium of publication of the bidding notice;
(2) the pre-qualification documents and the results of the pre-qualification;
(3) the bidding documents in the instructions to the bidders, the technical specifications, the standards and methods of bid evaluation, the main terms of the contract;
(4) a report on the evaluation of the bids;
(4) a report on the evaluation of the bidding;
(5) a report on the evaluation of the bidding;
(6) a report on the evaluation of the bidding;
(7) a report on the bidding of the tender;
(v) the results of the winning bid.
After the successful bidder is determined, the bidder shall issue a notice of award to the successful bidder and at the same time notify all unsuccessful bidders of the result of the award. The notice of award shall have legal effect on both the bidder and the successful bidder.
Article 50 If a bidder intends to subcontract the awarded project, the bidder and the bidders must comply with the following provisions:
(i) the bidder shall not designate a subcontracting unit for the bidder;
(ii) the subcontractor shall be set forth in the bidding documents;
(iii) the subcontracting shall be for a portion of non-main and non-critical work of the awarded project;
(iv) The person who accepts the subcontract shall have appropriate qualifications and shall not be allowed to subcontract again.
Article 51 The bidder and the successful bidder shall, within 30 days from the date of the issuance of the notice of award, enter into a written contract based on the bidding documents and the bidding documents of the successful bidder, at the time and place specified in the notice of award. In concluding the contract, neither the bidder nor the successful bidder shall put forward to the other party any requirements other than those set forth in the bidding documents, and shall not enter into any other agreement that departs from the substance of the contract.
Chapter VI Supervision and Management
Article 52 The competent administrative departments concerned shall promptly notify the project approving department of any problems found in the course of supervision, and the project approving department may suspend the implementation of the project or suspend the disbursement of funds in accordance with the law.
Article 53 Bidders or other interested parties who believe that the bidding and tendering activities do not comply with the "People's Republic of China *** and the State Bidding and Tendering Law" and the relevant provisions of these Measures, shall have the right to file a complaint with the relevant competent administrative department or raise objections to the bidder. The relevant administrative department or the bidder shall, within 30 days from the date of acceptance, reply to the complainant in writing after the completion of the processing, and for the confidentiality of the complainant.
Chapter VII Legal Liability
Article 54 violation of the provisions of these measures, the project must be tendered by law and not bidding, the project must be tendered to zero or in any other way to circumvent the bidding, according to the "Chinese people's *** and the State Bidding Law," Article 49, shall be ordered to make corrections within a specified period of time, and may be punished by the project contract amount of more than 5 per cent of 10 per cent of the fine; the following; the project contract amount of more than 10 per cent of the fine; and the bidder shall be required to submit a written reply to the complainant within 30 days. ‰ of the following fine; all or part of the use of state-owned funds for the project, you can suspend the project implementation or suspension of funds disbursement; the unit directly responsible for the competent personnel and other directly responsible personnel shall be held accountable.
Article 55 violation of these measures, the law must be bidding for the project bidding program should be approved by the project approval (approval) department without approval, or not in accordance with the project approval (approval) department approved the bidding program for bidding, by the competent administrative department shall be ordered by the relevant administrative department to make corrections within a specified period of time, and shall be punished.
Article 56 Violation of the provisions of these Measures, the bidder or its commissioned bidding agent should be published tender notice but not published, not published in the designated media bidding notice, according to the "Shanxi Province, the bidding regulations for construction projects", shall be ordered to make corrections, and may be subject to a fine of 10,000 yuan to 50,000 yuan or less.
Article 57 If a bidding agent violates the provisions of these Measures and divulges information and data related to bidding and tendering activities that should be kept confidential, or colludes with a bidder or tenderer to harm the national interest, the public **** interest of the society or the legitimate rights and interests of others, it shall be fined from 50,000 yuan to 250,000 yuan according to Article 50 of the "Bidding and Tendering Law of the People's Republic of China" and shall impose a fine from 50,000 yuan to 250,000 yuan on the Unit directly responsible for the competent person and other directly responsible personnel shall be fined more than 5% of the unit fine amount of 10% of the following fine; have illegal income, and confiscate the illegal income; the circumstances are serious, suspended until the abolition of the qualification of bidding agent; constitutes a crime, shall be investigated for criminal responsibility. Cause damage to others, according to the law to bear the responsibility for compensation.
Article 58 If a bidder restricts or excludes potential bidders by unreasonable conditions, applies discriminatory treatment to potential bidders, compels bidders to form a consortium*** with the same bid or restricts the competition among bidders, the bidder, in accordance with Article 51 of the "People's Republic of China*** and the State Bidding and Tendering Law", shall be ordered to make corrections, and may be sentenced to a fine of not less than 10,000 yuan and not more than 50,000 yuan.
Article 59 The bidder who violates the provisions of this Measures and divulges the bidding price, shall be given a warning by the competent administrative department in accordance with the provisions of Article 52 of the "Chinese People's *** and State Tendering and Bidding Law", and may also be fined not less than RMB 10,000 yuan and not more than RMB 100,000 yuan; and the supervisory personnel directly in charge of the unit and other personnel directly responsible shall be given sanctions according to law; and the competent department shall be given sanctions according to law. Constitutes a crime, shall be investigated for criminal responsibility.
The behavior listed in the preceding paragraph affects the outcome of the winning bid, the winning bid is invalid.
Article 60 of the bid evaluation committee members in the bid evaluation process, AWOL, affecting the normal conduct of the bid evaluation process, or in the bid evaluation process can not objectively and impartially perform their duties, be given a warning; the circumstances of the seriousness of the situation, cancel the qualification to serve as a member of the bid evaluation committee, and shall not be allowed to participate in the evaluation of any legally mandatory bidding projects, and impose a fine of less than 10,000 yuan.
Article 61 If a member of the bid evaluation committee accepts property or other benefits from a bidder or other interested party, or if a member of the bid evaluation committee or a staff member involved in bid evaluation activities discloses to others his or her knowledge of the