(Adopted at the Twelfth Meeting of the Standing Committee of the Tenth Session of the Shaanxi Provincial People's Congress
on August 3, 2004)
Table of Contents
Chapter I. General Provisions
Chapter II. The Scope of the Tendering and the Standards of Scale
Chapter III Tendering and Bidding
Chapter IV Bid Opening, Bid Evaluation and Award
Chapter V Supervision
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 In order to implement the "Law on Bidding and Tendering of the People's Republic of China", and taking into account the actual situation of the province, the measures are formulated.
Article 2 These Measures shall apply to the tender and bidding activities in the administrative area of the province.
Article 3 The bidding and tendering activities shall follow the principles of openness, fairness, justice and honesty and credit.
Article 4 Any unit or individual shall not turn the project that must be tendered by law into zero or in any other way to avoid the bidding.
No unit or individual shall unlawfully restrict or exclude legal persons or other organizations outside the region or system from participating in the bidding, and shall not unlawfully interfere in the bidding and tendering activities in any way.
Article 5 The administrative department of development and reform of the provincial people's government shall be responsible for the guidance and coordination of bidding and tendering activities in the administrative region, and shall, together with the relevant administrative supervisory departments, formulate supporting regulations on bidding and tendering.
Settlement of municipalities, counties (cities and districts) people's government development and reform of the administrative department is responsible for the administrative area of the bidding activities within the guidance and coordination.
People's governments at or above the county level, in accordance with their respective responsibilities and management authority, according to the supervision of the bidding activities, investigate and deal with violations of law in the bidding activities.
Chapter II Scope and Scale Standards of Bidding
Article 6 If the following engineering and construction projects, including the investigation, design, construction, supervision of the project and the procurement of important equipment and materials related to the construction of the project, are carried out within the administrative area of the province and have reached the scale standards stipulated in Articles 12, 13, and 14 of the present Measures, they must be subject to bidding:
(1) Relating to social public *** interests, public safety infrastructure projects and public *** undertakings;
(2) the use of state-owned funds for investment or state-financed projects;
(3) the use of international organizations or foreign government funds.
In addition to the projects that must be tendered, other projects that need to be tendered or voluntarily tendered may refer to the relevant provisions of these Measures.
Article 7 The scope of infrastructure projects related to the public **** interests of society and public safety include:
(1) energy projects such as coal, petroleum, natural gas, electric power, and new energy;
(2) transportation projects such as railroads, highways, pipelines, water transportation, aviation, and other transportation industries;
(3) postal and telecommunication hubs, communications, information networks, and other postal and telecommunication projects;
(iv) water conservation projects such as flood control, irrigation, drainage, water diversion (supply), mudflat management, soil and water conservation, water conservancy hubs, and other water conservancy projects;
(v) urban facilities projects such as roads, bridges, subways and light rail transit, sewage discharge and treatment, garbage disposal, underground pipelines, and public **** parking lots;
(vi) ecological environmental protection projects;
(vii) other infrastructure projects.
Article 8 The scope of public utility projects related to the interests of the public **** and public safety includes:
(1) municipal engineering projects such as water supply, power supply, gas supply, heat supply, etc.
(2) projects of science and technology, education, culture, etc.
(3) projects of sports, tourism, etc.
(4) projects of health, social and welfare;
(v) commercial housing, including affordable housing;
(vi) other public utility projects.
Article 9 The scope of investment projects using state-owned funds includes:
(1) projects using budgetary funds at all levels of finance;
(2) projects using various governmental special construction funds included in the financial management;
(3) projects using the own funds of the state-owned enterprises and institutions and over which the investors of the state-owned assets actually have the right of control.
Article 10: The scope of state-financed projects includes:
(1) projects using funds raised through the issuance of bonds by the state;
(2) projects using funds raised through the state's external borrowings or guarantees;
(3) projects using state policy loans;
(4) projects financed by the state-authorized investment entities;
(5) projects licensed by the state. p>(v) Projects financed by state licenses.
Article 11 The scope of projects using funds from international organizations or foreign governments includes:
(1) projects using loan funds from international organizations such as the World Bank, the Asian Development Bank, etc.
(2) projects using loan funds from foreign governments and their agencies;
(3) projects using aid funds from international organizations or foreign governments.
Article 12 The criteria for bidding for infrastructure projects in transportation, energy, water conservancy, information industry, etc. are:
(1) where the estimated price of a single contract for construction is more than two million yuan;
(2) where the estimated price of a single contract for the procurement of goods such as equipment, materials, etc. is more than one million yuan;
(3) where the procurement of services such as surveying, designing, supervision, etc. is more than one million yuan;
(3) where the procurement of services such as surveying, designing, supervision, etc. is more than one million yuan; and (c) Procurement of survey, design, supervision and other services, where the estimated price of a single contract is more than five hundred thousand yuan;
(d) Where the estimated price of a single contract is less than the standards set forth in subparagraphs (a), (b) and (c) of this Article, but the total investment in the project is more than ten million yuan.
Article 13 The standards for bidding for projects such as housing construction and municipal infrastructure are:
(1) where the estimated price of a single contract for construction is one million yuan or more;
(2) where the estimated price of a single contract for the procurement of goods such as equipment, materials, and so on is five hundred thousand yuan or more;
(3) where the estimated price of a single contract for the procurement of services such as surveying, designing, and supervising is three hundred thousand yuan or more;
(4) where the total investment of the project is one million yuan or more; and where the total investment of the project is one million yuan or more. The estimated price of a single contract is more than three hundred thousand yuan;
(d) The estimated price of a single contract is lower than the standards set forth in subparagraphs (a), (b) and (c) of this Article, but the total investment in the project is more than five million yuan.
Article XIV of the interior decoration project for bidding standards are:
(a) construction, equipment, materials, design, supervision of a single contract estimated price of more than three hundred thousand yuan;
(b) a single contract estimated price of less than three hundred thousand yuan, but the total investment in the project is more than one million yuan.
Article XV of the scale of the bidding project standards due to changes in the country and the province's economic construction needs to make adjustments, by the provincial development and reform of the administrative departments in conjunction with the relevant administrative supervision departments to formulate a program, reported to the provincial people's government for approval of the announcement, and reported to the Provincial People's Congress Standing Committee for the record.
Article 16 The bidding project in one of the following circumstances, approved by the project approval department, may not be tendered:
(1) involving national security, state secrets and other confidentiality requirements are not suitable for bidding;
(2) the use of poverty alleviation funds to implement the need for the use of farmers out of the workforce;
(3) the construction project surveying, designing The use of specific patented or proprietary technology, or its architectural art modeling has special requirements;
(4) construction enterprises to build their own projects, and the construction enterprise qualification level in line with the requirements of the project;
(5) in the construction of additional ancillary small-scale projects or the main body of the project, the original winning bidder still has the ability to contract;
(6) is a disaster relief
(vii) other cases stipulated by laws and regulations.
Chapter III Tendering and Bidding
Article 17 The bidder is a legal person or other organization that proposes to tender the project for bidding in accordance with the law.
The bidder is a legal person or other organization that responds to the bidding and participates in the bidding competition.
If individuals are allowed to participate in the bidding for scientific research projects tendered in accordance with law, the individuals bidding are regarded as bidders.
Article 18 The bidding agency is established in accordance with the law, engaged in bidding agency business, provide relevant services and independently assume civil liability of social intermediary organizations.
The bidding agent accepts the entrustment of the bidder, and the bidder signs the entrusted agent contract, and handles the bidding matters within the scope of the contract.
The bidding agency shall not transfer the bidding agency business, shall not engage in the bidding of the bidding project and bidding consulting services.
Article 19 The bidding project shall have the following conditions:
(1) If it is necessary to fulfill the project approval procedures, it has been approved in accordance with the relevant provisions of the state and the province;
(2) It has the corresponding funds or the source of funds has been implemented;
(3) It has the corresponding design documents, technical information or relevant basic information;
(D) laws and regulations shall have other conditions.
Article 20 The bidding method is divided into open bidding and invitational bidding.
The following projects which must be tendered according to law shall be openly tendered:
(1) key construction projects of the state and provinces and municipalities in the region;
(2) projects which use all state-owned funds for investment or where the state-owned funds account for a controlling or dominant share of the investment;
(3) other projects which shall be openly tendered as stipulated by laws and regulations.
Other projects that must be tendered by law can be taken to invite bidding.
Article 21 shall be open tender projects, one of the following circumstances, with the approval of the invitation to tender:
(a) due to the technical complexity of the project or special requirements, only a small number of potential bidders can be selected;
(b) subject to the limitations of the natural resources or the environment;
(c) involves national security, state secrets or rescue and disaster relief (c) involving national security or state secrets or disaster relief, suitable for bidding but not suitable for public bidding;
(d) the cost and time required for public bidding is not commensurate with the value of the project, and does not meet the requirements of economic reasonableness;
(e) laws and regulations stipulate that other inappropriate for public bidding.
Invited tendering for key provincial construction projects shall be examined and approved by the project approval department and then submitted to the provincial people's government for approval.
The invitation to tender for construction projects that use all state-owned funds for investment or in which state-owned funds are in a controlling or dominant position and which require approval shall be approved by the project approval department, but if the project approval department only approves the establishment of the project, the approval shall be given by the relevant administrative supervisory department.
Article 22 The form of bidding organization is divided into self-bidding and commissioned bidding.
Article 23 A bidder may invite bids on its own if it has the following conditions:
(1) it has legal personality or project legal personality;
(2) it has professional and technical strength appropriate to the scale and complexity of the project for which bids are invited;
(3) it has a specialized bidding organization or more than three full-time bidding personnel;
(4) it is familiar with the relevant bidding procedures and procedures. p>(d) familiar with the laws, regulations and rules relating to bidding and tendering.
The bidder shall tender on its own to the relevant administrative supervision department for the record. Bidders have the ability to bid on their own, any unit or individual shall not be forced to entrust the bidding agency for bidding.
Article 24 must be bid in accordance with the law, the bidder does not have the ability to bid on its own, shall entrust the bidding.
The bidder has the right to independently select the bidding agency, entrusted to handle the bidding. Any unit or individual shall not in any way for the bidder to specify the bidding agency.
Article 25 A bidder shall prepare a project bidding implementation plan, and the main contents of the bidding implementation plan shall include:
(1) the specific scope of bidding for the survey, design, construction, supervision and procurement activities of equipment and materials for the construction project;
(2) the proposed bidding method and form of bidding organization for the survey, design, construction, supervision and procurement activities of equipment and materials for the construction project;
(2) the proposed Bidding method, bidding organization;
(c) the composition of the bid evaluation committee members, the qualification examination of bidders and bid evaluation methods.
The bidding implementation plan shall be submitted to the project approval department for approval, can be submitted separately or with the feasibility study report, preliminary design and submit.
Article 26 The bidder shall prepare the bidding documents in accordance with the approved bidding implementation program and the characteristics of the bidding project.
The bidding documents shall contain the following contents:
(1) the basic situation of the bidding project, the source of funds and the implementation of the project and project approval;
(2) the qualification requirements of the bidders;
(3) the preparation of the bidding documents necessary for the technical information and specifications required;
(4) the delivery, completion or The deadline for delivery, completion or provision of services, quality level requirements;
(v) requirements for bidding price and its calculation method;
(vi) requirements for bidding deposit and performance bond;
(vii) requirements for preparation of bids and their delivery method, location and deadline;
(viii) location and time of bid opening;
(ix) basis and criteria for bid evaluation, bid evaluation procedures, bid evaluation methods (ix) Bid evaluation procedures, bid evaluation methods, and principles for determining the bids;
(x) Bid validity period;
(xi) Means and amount of payment guarantee provided by the bidder after the winning of the bid;
(xii) Main terms of the contract to be entered into;
(xiii) Other necessary matters.
Article 27 The solicitation documents shall conform to the provisions of laws, regulations and rules, and shall not stipulate contents containing tendencies towards or exclusion of other bidders by way of identifying a particular production supplier, or by preparing substantive requirements and conditions based on a particular production supplier and the products or services provided by it; they shall not lower the qualifications for bidding stipulated by the State.
Article 28 of the project must be bidding by law to use public bidding, the bidder shall be in the national development and reform administrative department or the provincial development and reform administrative department of the designated newspaper, information website or other media, choose at least one newspaper and information website at the same time to publish the bidding announcement.
Invitation to tender for the project, the bidder shall issue an invitation to tender to more than three legal persons or other organizations that have the ability to undertake the tender project and have good credit.
Article 29 The bidding announcement or invitation to tender shall contain at least the following contents:
(1) the name and address of the bidder;
(2) the content, scale, and source of funds of the bidding project;
(3) the place of the implementation of the bidding project and the duration of the project;
(4) the place and time for obtaining the bidding documents or the prequalification documents;
(5) the place and time for obtaining the bidding documents or the prequalification documents; and and time;
(v) the fees to be charged for the solicitation or pre-qualification documents;
(vi) the requirements for the qualification level of the bidders.
When there is a change in the matters contained in the notice of solicitation or invitation to tender, the bidder shall publish an announcement of the change in the media in which the notice of solicitation was originally published or notify the invitees in writing.
Article 30 For projects that must be tendered in accordance with the law, the bidder shall conduct qualification examination of potential bidders. Where pre-qualification is conducted, the pre-qualification documents shall set out the pre-qualification conditions, standards and methods. Post-qualification, the solicitation documents shall set out the conditions, standards and methods of examination.
The bidder to potential bidders for pre-qualification, generally no further post-qualification review.
The time limit for the issuance and sale of pre-qualification documents shall not be less than five working days.
Article 31 The bidder shall simultaneously and separately notify all potential bidders participating in the pre-qualification of the results of the pre-qualification, and explain the reasons to the potential bidders who have not passed the pre-qualification. Potential bidders who have not passed the pre-qualification may not participate in the bidding.
The bidder shall issue and sell the bidding documents to the pre-qualified potential bidders or invitees in accordance with the time and place stipulated in the bidding notice or invitation to bid. The time limit for issuing and selling the bidding documents shall not be less than five working days.
Article 32 The pre-qualification documents and the bidding documents may be issued without charge or may be sold, and the fee charged shall not exceed the cost of preparing and printing the documents.
Article 33 If a bidder needs to clarify, modify or supplement the solicitation documents that have been issued, the bidder shall notify all recipients of the solicitation documents in writing at least fifteen days before the deadline for submission of bidding documents. Such clarification, modification or supplement is an integral part of the solicitation documents.
Article 34 If the bidder cancels the solicitation, it shall notify in writing all the recipients of the solicitation documents and return the cost of purchasing the solicitation documents; if it has already submitted the bidding deposit and the bidding documents, they shall be returned. The bidder not due to force majeure to cancel the bidding, shall be compensated for the bidder's direct economic losses.
The bidder requires the recovery of the bidding documents, the bidder shall return.
Article 35 The use of all state-owned capital investment or state-owned capital investment in a controlling or dominant position in the project, shall be used without bidding. Whether to set a bidding bottom for other bidding projects shall be decided by the bidders themselves.
The bidding project to set up the bidding, shall use a composite bidding.
The bidding process and the bidding must be confidential. Before the opening of the tender, any unit or individual shall not review the tender base in any form.
Article 36 The bidder shall determine the reasonable time required for the preparation of the bidding documents by the bidders; among them, for those items for which bidding is required by law, the period from the date of the commencement of the issue of the bidding documents to the date of the deadline for submission of the bidding documents shall not be less than twenty days.
Article 37 If a bidder has any questions about the bidding documents, it shall submit them to the bidder ten days before the deadline for submission of bids. The bidder shall in writing or convene a bidding question and answer session seven days before the deadline for bidding to all bidders for a consistent answer, convene a bidding question and answer session, shall be formed minutes sent to all bidders. The written answers and minutes shall be an integral part of the bidding documents.
Article 38 A bidder shall prepare the bidding documents in accordance with the requirements of the bidding documents and deliver them sealed to the place of bidding before the deadline for submission of bidding documents. The bidder shall sign and keep the sealed bidding documents in good condition and shall not open them.
The bidder shall not accept the bidding documents that are not delivered at the specified time and place or are not sealed according to the requirements of the bidding documents.
Article 39 If there are fewer than three bidders for a tender item, the bidder shall re-tender the tender, and at the same time notify the bidders who have submitted the tender documents, and return the tender documents in their original seals.
Article 40 The following acts of collusive bidding are prohibited:
(1) Bidders raising or lowering each other's bidding prices;
(2) Bidders agreeing with each other to quote the high, medium and low prices respectively in the bidding project;
(3) Bidders conducting internal bidding among themselves to internally decide on a winning bidder and then participating in the bidding;
(d) the bidder opens the bidding documents before the opening of the bidding and informs other bidders of the bidding, or assists the bidders in withdrawing or replacing the bidding documents and changing the price quoted;
(e) the bidder divulges the bottom of the bidding price to the bidders;
(f) the bidder agrees with the bidders to undercut or raise the bidding price at the time of the bidding, and then gives the bidders or the bidders additional compensation after the bidding has been won;
(vii) the bidder and the bidder collusion in advance to determine the winning bidder;
(viii) other collusive bidding behavior.
Article 41 Where the bidding documents contain a requirement for the bidders to submit a bidding security, the bidding security shall not exceed two percent of the total bidding price, and the maximum shall not exceed eight hundred thousand yuan.
If the bidder withdraws the bid within the bidding validity period, the bidding deposit shall not be returned.
Chapter IV Bid Opening, Bid Evaluation and Award
Article 42 The bid opening shall be conducted by the bidder or the bidding agent commissioned by the bidder, and all bidders shall be invited to attend.
The opening of tenders shall be held in public at the same time as the deadline for submission of tender documents in accordance with the place determined in the tender documents.
Article 43 The evaluation of tenders shall be the responsibility of the bid evaluation committee formed by the bidder in accordance with law. The bid evaluation committee shall be formed within twenty-four hours before the bid evaluation, and its list shall be kept confidential until the result of the winning bid is determined.
The bid evaluation committee consists of representatives of the bidder and experts in relevant technical and economic aspects, the number of members shall be five or more singular, of which experts in technical and economic aspects shall not be less than two-thirds of the total number of members.
The experts of the bid evaluation committee shall be randomly selected from the relevant departments of the state council or the relevant departments of the provincial people's government to provide the expert pool or the bidding agent's expert pool of experts in the relevant professions in the list of randomly selected; technology is particularly complex, the requirements of specialization is particularly high, or the state has a special requirement of the project, take the random sampling of the experts identified by the way of difficult to perform, approved by the project approval department may also Can be determined directly by the bidder.
All the use of state-owned capital investment or state-owned capital investment in a controlling or dominant position in the project, the bid evaluation committee experts from the relevant departments of the State Council or the relevant departments of the provincial people's government must be generated in the expert database; provincial, municipal key construction projects, the bid evaluation committee experts must be generated from the provincial key projects in the evaluation of the bid evaluation expert database.
Article 44 The following persons shall not serve as members of the bid evaluation committee, and shall take the initiative to recuse themselves:
(1) the bidder or the bidder's principal person in charge of the close relatives;
(2) the competent authorities of the project or the administrative supervision department;
(3) the bidder has an interest in the bidding, which may affect the bidding of the fair evaluation;
(iv) persons who prepare bidding documents for the bidders;
(v) persons who have been subject to administrative or criminal penalties for unlawful acts in bidding and tendering activities.
Article 45 The members of the bid evaluation committee shall perform their duties objectively and impartially, abide by professional ethics, and bear personal responsibility for the evaluation opinions they put forward.
The members of the bid evaluation committee shall not privately contact the bidders and their bidding agents or other persons having an interest in the outcome of the bidding, shall not accept any property or other benefits from the bidders, intermediaries, or other interested persons, and shall not disclose the evaluation and comparison of the bidding documents, the recommendation of the winning candidate, and other circumstances relating to the bid evaluation.
Article 46 The bid evaluation committee shall systematically evaluate and compare the bidding documents in accordance with the bid evaluation standards, principles and methods stipulated in the bidding documents. The standards, principles and methods not stipulated in the bidding documents shall not be used as the basis for bid evaluation.
Article 47 The bid evaluation committee may request in writing the bidders to make necessary clarifications, explanations or corrections to the contents of the bidding documents which are not clear in meaning, inconsistent in expression on the same kind of issues, or which have obvious textual and computational errors. The Bid Evaluation Committee shall not ask the bidders questions of a suggestive or inducing nature or make clear to them the omissions and errors in the bidding documents.
Article 48 The bidding documents shall be treated as rejected after examination by the bid evaluation committee if any of the following circumstances applies:
(1) the official seal of the bidder is not affixed and it is not signed or stamped by its legal representative or its proxy;
(2) the bidding documents are not filled out in accordance with the format stipulated in the bidding documents or the handwriting of the key contents is illegible;
(3) the bidding documents are not accompanied by the official seal of the bidder; and (iv) The bidding of a consortium is not accompanied by an agreement on bidding by all parties of the consortium *** with the bidding agreement;
(iv) The bidding deposit is not submitted in accordance with the requirements of the bidding documents;
(v) The bidder fails to pass the post-qualification examination;
(vi) The bidding of a tender is made in the name of another person;
(vii) The period of time for completing the bidding project set forth exceeds that stipulated in the bidding documents;
(viii) with conditions unacceptable to the bidder;
(ix) two or more bidding documents are identical in content;
(x) obviously does not meet the technical specifications, technical standards requirements;
(xi) other does not meet the substantive requirements of the bidding documents, there are significant deviations.
Article 49 If fewer than three bidders are qualified by the bid evaluation committee after the opening of the bidding project, the bidder shall re-tender the project, and at the same time notify the bidders who have submitted the bidding documents and return the bidding documents and bidding deposit.
Article 50 Fewer than three bidders or less than three bidders qualified by the Bid Evaluation Committee after the opening of the bidding, bidding for two consecutive bidding projects failed, is required to bidding projects, approved by the original approval department may change the bidding method or no longer bidding; other projects, the bidder may decide not to bid.
Article 51 after the completion of the evaluation of the bid evaluation committee, shall submit a written report to the bidder evaluation, and recommend one to three successful candidates, indicating the order of ranking.
The bidder shall determine the successful bidder in accordance with the order of the successful candidates recommended by the bid evaluation committee, or may authorize the bid evaluation committee to determine the successful bidder directly in accordance with the order of the successful candidates.
The bidder shall not determine the successful bidder other than the successful candidate recommended by the bid evaluation committee.
Article 52 The bidder shall generally determine the successful bidder within fifteen days after the bid evaluation committee submits its written report on the evaluation of bids, but the maximum period shall not exceed thirty days.
Article 53 A bidder shall not make a request to the successful bidder to lower the bid, increase the amount of work, shorten the construction period, or otherwise go against the wishes of the successful bidder as a condition for issuing the notice of award and signing the contract.
Article 54 After the successful bidder has been determined, the bidder shall, within seven days, issue a notice of award to the successful bidder and notify all unsuccessful bidders of the result of the award.
The notice of award has legal effect on the bidder and the successful bidder. After the notice of award is issued, the bidder changes the result of the award or the successful bidder abandons the winning project, shall bear legal responsibility according to law.
The bidder shall have the right to issue the notice of award independently in accordance with the law, and no department or unit shall interfere.
Article 55 When a bidder uses, in whole or in part, the technical results or technical programs in the bidding documents of a non-successful unit, it is required to obtain its written consent and pay the corresponding fees.
Article 56 The bidder shall, within thirty days from the date of issuance of the notice of award, enter into a written contract with the successful bidder in accordance with the bidding documents and tender documents.
When 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; they shall not enter into any agreement that violates the substance of the bidding documents and tender documents; and they shall not make any modifications to the bidding documents, the tender documents, the quality of the bidding documents, the price and other substantive contents.
Article 57 If a bidding project has a bidding deposit, the bidder shall, within five days after signing the contract with the successful bidder, return the bidding deposit to the successful bidder and the unsuccessful bidder.
Article 58 If the bidding documents require the successful bidder to submit a performance bond or other form of performance security, the successful bidder shall submit it; if it refuses to do so, it shall be deemed to have abandoned the winning project. Where the bidder requires the successful bidder to provide a performance bond or other form of performance security, the bidder shall at the same time provide the successful bidder with a payment guarantee.
The bidder shall not raise the performance bond without authorization, and shall not require the successful bidder to advance funds for the construction of the awarded project.
Article 59 The successful bidder shall fulfill its obligations in accordance with the contract and complete the awarded project. The successful bidder shall not transfer the successful project to others, nor shall it dismember the successful project and transfer it separately to others.
Chapter V Supervision
Article 60 The relevant administrative departments of the provincial people's government shall supervise and inspect the bidding and tendering activities in accordance with the following provisions:
(1) The administrative departments of development and reform shall be responsible for supervising the bidding and tendering activities of the national and provincial key construction projects and the projects of the industry and industry;
(2) The administrative departments of water conservancy, transportation and information industry shall be responsible for supervising the bidding and tendering activities of their own industry and industry. (ii) water conservancy, transportation, information industry and other administrative departments are responsible for supervising the industry and industrial project bidding activities;
(c) the construction of administrative departments are responsible for supervising the construction of various types of housing buildings and their ancillary facilities and their supporting lines, piping, installation of equipment and municipal engineering project bidding activities;
(d) the financial sector is responsible for supervising the bidding activities of government procurement projects;
(e) other administrative departments in accordance with their respective responsibilities to supervise the bidding and tendering activities of the relevant projects.
The competent departments of railroads, civil aviation, postal services and other industries are responsible for supervising the bidding and tendering activities of projects in their own sectors and industries.
The supervision and inspection of bidding and tendering activities by the relevant administrative departments of the people's governments of cities and counties (cities and districts) in the districts shall be determined by the people's governments at their respective levels.
Article 61 The administrative supervisory department shall, in accordance with law, supervise the performance of duties by the relevant administrative departments and their staff in the bidding and tendering activities, and investigate and deal with disciplinary violations in accordance with law.
Article 62 The project approval departments, administrative supervision departments and their staff shall not increase the approval conditions, matters or links of bidding activities other than those required by law; they shall not interfere with or make use of the power of approval to infringe on the autonomy of the bidders in matters of selecting bidding agencies, preparing bidding documents, organizing the examination of qualifications for bidding, compiling the bidding price, determining the time and place of bid opening, organizing the evaluation of the bids, and determining the successful bidders and signing of the contract. The autonomy of the bidder in such matters.
Article 63 Bidders, bidders and other interested parties who believe that the bidding and tendering activities are in violation of the laws, rules and regulations shall have the right to file complaints with the relevant administrative supervisory departments in accordance with the law. The administrative supervision department receives the complaint, shall in accordance with legal procedures within five days to decide whether to accept, decide to accept shall be made within thirty days to deal with the decision.
Any unit or individual that the bidding activities in violation of laws, rules and regulations, the right to report to the relevant administrative supervision department, administrative supervision department.
Article 64 of the people's governments at or above the county level, the relevant administrative supervision departments in the supervision of bidding and tendering activities in the process of jurisdictional disputes, by the people's governments at their own level of development and reform of the administrative departments to coordinate and resolve; coordination fails, the people's governments at their own level of adjudication.
Chapter VI Legal Liability
Article 65 The administrative penalties provided for in these Measures shall be implemented by the relevant administrative supervision departments. Except where these Measures have provided for the department that imposes the administrative penalties.
Article 66 If a bidder engages in any of the following acts, the bidding shall be invalid, and the project approval department shall order rectification and impose a fine of not less than 5,000 yuan and not more than 50,000 yuan, and shall be liable to pay compensation for any direct economic loss caused to the bidder:
(1) bidding for a tender without having the conditions for bidding;
(2) bidding that should be openly solicited but is not openly solicited;
(C) should be open to bidding for the project without approval to use the invitation to tender;
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