Article 1 In accordance with the "Chinese people's **** and the State bidding and tendering law" and relevant laws and regulations, combined with the actual situation in this province, the formulation of these regulations.
Second Article The bidding and tendering activities carried out in the administrative area of the province, the application of these regulations.
Article 3 Within the administrative area of the province for the following engineering construction projects, including project investigation, design, construction, supervision and procurement of important equipment and materials related to engineering construction projects, must be conducted in accordance with the law for bidding:
(1) the relationship between the public *** interests of the community, the public safety of infrastructure projects and public utility projects;
(2) the use of state-owned funds to invest in the project, in whole or in part. or part of the use of state-owned funds for investment projects;
(c) state-financed projects;
(d) the use of international organizations or foreign government loans, aid funds.
The procurement of important equipment and materials related to the projects listed in the preceding paragraph in general equipment and materials may be procured by the bidder through bidding, or may be awarded by the bidder to the successful bidder together with the main project at the time of bidding for the construction, and procured by the successful bidder through bidding.
The specific scope and scale standards of construction projects which must be tendered in accordance with the law shall be formulated by the provincial people's government in accordance with the relevant provisions of the State.
Article 4 The scope and scale standards of goods procurement, government procurement and property management, finance and insurance, scientific research topics and studies, consulting and evaluation and other services that need to be tendered such as medicines, medical equipment, teaching materials and teaching aids, electrical energy, transportation, office facilities, office supplies, etc., shall be carried out in accordance with the relevant laws and regulations, and the procedures for their tendering and bidding shall be in accordance with the relevant provisions of the relevant laws and of these Regulations.
Article 5 of the people's governments at or above the county level, the development and reform departments to guide and coordinate the bidding and tendering activities within the administrative region.
Other relevant administrative supervisory departments of the people's governments at or above the county level, in accordance with their respective responsibilities, shall supervise the bidding and tendering activities within their administrative areas and investigate and deal with illegal acts in the bidding and tendering activities.
Provincial and municipal and state people's governments and regional administrative offices of the development and reform departments are responsible for the supervision and inspection of major construction projects within the administrative area of the bidding activities. Article 6 The construction projects which are required by law to carry out bidding shall have the following conditions:
(1) according to the project is in different stages, its project proposal and estimate, or feasibility study report and estimate, or preliminary design and budget estimates, or construction drawing documents have been approved;
(2) including bidding method, bidding organization, bidding the scope of bidding, etc. of the bidding preliminary Program has been approved by the project approval department;
(C) the appropriate funds or sources of funds have been implemented;
(D) the appropriate bidding stage of the documents, drawings and technical information required;
(E) other conditions prescribed by laws and regulations.
Surveying, design due to special circumstances can be carried out before the submission of feasibility study report for bidding activities, but shall be explained in the feasibility study report.
Article 7 of the preliminary bidding program shall meet the following conditions:
(1) the preliminary bidding program has been prepared and in line with the current national technical and economic policies and relevant standards and norms;
(2) the preliminary bidding program has a bidding including the scope of the bidding, bidding organization, bidding, bidding, bidding for the classification of segments and the need to submit the relevant information.
The preliminary bidding program documents after the completion of the preparation, the relevant departments, construction units or the project owner to the project approval department to apply for approval of the report, the project approval department to make an examination and approval decision within 20 days.
Article VIII of the project in accordance with the law for public bidding of the bidding notice, according to the scale of the project standards, must be in accordance with the provisions of the national or provincial people's government development and reform department designated newspapers, information networks or other media.
The bidder may not terminate the bidding after publishing the bidding notice or issuing the invitation to tender, except for reasons of force majeure.
The time between the date on which the bidder or the bidding agent, publishes the notice of solicitation or issues the invitation to tender and the date on which the solicitation documents go on sale shall not be less than five days.
Article 9 A project using all state-owned funds or state financing, or a project in which state-owned funds or state financing are in a controlling or dominant position, shall be subject to public bidding in accordance with the law. However, in one of the following cases, in accordance with the nature of the project and the management authority, with the approval of the project approval department, may invite bidding:
(a) there are more than three but less than five potential bidders to choose from;
(b) technological complexity or special requirements for the protection of know-how and patents;
(c) compared with the value of the project to be tendered, the public bidding The cost is relatively too high;
(iv) Other cases stipulated by laws and regulations.
The manner of solicitation for other items that must be solicited by law shall be decided by the bidder on its own.
Conforming to one of the circumstances listed in the first paragraph, belonging to the provincial people's government to determine the provincial key construction projects, the use of invitation to tender shall be approved by the provincial people's government.
After the report or program of inviting tenders is prepared, the relevant department or project legal person to the project approval department to apply for a report, the project approval department shall make a written decision within 20 days; the provincial people's government needs to be approved by the provincial people's government of the provincial key construction projects, the provincial people's government shall make a written decision within 20 days.
Article 10 of the bidding organization is divided into the bidder to organize its own bidding and bidding agency commissioned by the bidding agent agency bidding. Self-organization of the bidding bidder shall have the ability to prepare bidding documents and organization of bid evaluation, bidding agency must have the State Council or the provincial people's government relevant administrative departments to determine the appropriate qualifications.
Article 11 of the bidding agency and the bidder shall sign a written agency contract. The bidding agent shall act as an agent for the bidding within the scope entrusted to it by the bidder and shall comply with the provisions of these Regulations concerning the bidder.
The bidding agent entrusted by the bidder shall not accept the bidding agent and bidding consulting services for the same bidding project, shall not have affiliation or other interests with the bidders for the same bidding project, shall not disclose commercial secrets, and shall not participate in or disguise participation in services related to bidding for the same bidding project. Without the consent of the bidder, the bidding agency shall not transfer the bidding agency business.
The bidding agent in accordance with the provisions of the national and provincial people's government departments in charge of prices to the principal agency fees, shall not set up charges or raise the charges.
Article 12 The bidding agency may undertake the following bidding matters according to its corresponding qualifications and the entrustment of the bidder:
(1) to prepare the bidding scheme on behalf of the bidding program, issue the bidding notice or send the invitation to bid;
(2) to review the qualifications of the bidders on behalf of the bidder;
(3) to prepare and sell the bidding documents;
(4) to organize the bidders to (d) Organize bidders to visit the project site and answer questions;
(e) Prepare the bidding price;
(f) Receive the bidding documents;
(g) Organize the opening of the bidding, evaluation of the bidding, and submit a written report on the evaluation of the bidding;
(h) Draw up the contract;
(i) Submit a written report on the bidding and tendering;
(j) Other matters entrusted by the bidder.
Article 13 Where pre-qualification of potential bidders is required, the bidder or the bidding agent shall carry out the pre-qualification in accordance with the conditions specified in the bidding notice or the invitation to tender. Pre-qualification shall include the following:
(1) whether it has legal personality;
(2) whether it has the appropriate qualification and ability to fulfill the contract;
(3) whether it is in the state of being ordered to suspend business, property is taken over or frozen, bankruptcy, whether it is in the period of disqualification from bidding, whether it is due to litigation, arbitration matters that may affect the performance of performance;
p>(d) if the bidding is in the form of consortium, whether there is *** with the bidding agreement, whether all parties to the consortium have the corresponding qualification requirements;
(e) performance in the last three years;
(f) other matters provided for by laws and regulations.
The bidder shall not restrict or exclude potential bidders by conditions not specified in the bidding notice or invitation to bid.
Article 14 The bidder or the bidding agent shall prepare the bidding documents according to the characteristics and needs of the bidding project. The bidding documents mainly include the following contents:
(1) instructions to bidders;
(2) items for qualification examination, conditions for qualification examination of the bidders, and relevant qualifications and credentials required to be supplied by the bidders;
(3) nature, scope, scale, quantity, standards and technical terms of the bidding project, as well as the corresponding drawings and information;
(iv) evaluation criteria, methods and award conditions;
(v) format and preparation requirements of bidding documents, as well as the number of copies of the original and the duplicate;
(vi) list of bidding quotations;
(vii) manner, place and deadline for submission of bidding documents;
(viii) period of validity of the bidding, the time and place of the bidding opening, the bidding evaluation and the finalization of the bidding Schedule;
(ix) the main terms of the contract;
(x) the bid bond or bid bond, performance bond or performance bond and other bidding support materials required;
(xi) the administrative supervision department to receive complaints and reports.
The bidding documents shall not require or indicate a particular patent, trademark, name, design, origin or production and supplier, and shall not contain content that restricts, excludes or discriminates against potential bidders.
Article 15 of the bidding documents in the bidding evaluation standards, methods and award conditions shall be clear and specific, in the bid evaluation process shall not make any changes. If changes are necessary, all
bidders must be notified in writing 15 days before the deadline for submission of bids. Changes shall be part of the bidding documents.
The bid evaluation methods include the evaluated lowest bid method or comprehensive evaluation method or other bid evaluation methods permitted by laws and regulations.
Article 16 must be bid in accordance with the law, the bidder in the bidding documents on sale five days ago, shall, in accordance with the nature of the project and management authority, the bidding documents submitted to the relevant administrative supervision department for the record. The relevant administrative supervision department shall not be involved in the preparation of the bidding documents.
The bidder or the bidding agent shall offer the bidding documents for sale in accordance with the time and place specified in the bidding notice or invitation to tender.
Article 17 The bidding project generally does not set the bidding; set the bidding, only one bidding.
The bidding bottom is prepared by the bidder itself or entrusted to the intermediary organization with appropriate qualifications. Bidding and its preparation process, must be strictly confidential.
Administrative supervision department shall not force the bidder to prepare or review the bidding, or intervene to determine the bidding.
Article 18 for the bidding project to provide consulting services for the preparatory work of the legal person, shall not participate in the bidding for the project.
The bidder shall not participate in the bidding activities of the project for which it is bidding, and the bidder shall not participate in the bid evaluation activities.
Article 19 The bidder shall have the ability to undertake the bidding project, and shall provide the following documents and information to the bidder at the time of bidding:
(1) business license or a copy of the business license with the official seal of the legal person and the seal of the legal representative, 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 certificate of legal representative and his/her identity card Or the legal representative's authorization letter and the identity card of the delegate;
(b) the creditworthiness and performance in the last three years;
(c) the corresponding performance materials;
(d) other documents and information specified in the bidding documents.
Article 20 Bidders shall prepare tender documents in accordance with the requirements of the bidding documents. The bidding documents mainly include the following contents:
(1) bidding letter;
(2) bidding deposit or bid bond;
(3) technical plan for completing the bidding project, implementation methods, technical personnel and equipment staffing and organizational and management measures;
(4) measures to ensure the quality, safety and duration of the bidding project;
(5) list of bidding price;
(6) list of bidding price;
(7) list of bidding price;
(8) list of bidding price; and ) List of bidding price;
(F) Other relevant materials required by the bidding documents to be expressed or provided.
If the bidder intends to subcontract part of the non-main and non-critical work of the awarded project after winning the bidding in accordance with the actual situation of the project as set out in the bidding documents, the bidder shall set out this in the bidding documents.
In the case of bidding in the form of a consortium, the bidding documents shall include *** the same bidding agreement.
Article 21 If a bidder commissions another person to prepare the bidding documents, the commissioned person shall not disclose the bidder's commercial secrets to others, nor shall he prepare the bidding documents for other bidders participating in the bidding for the same project.
Article 22 After the deadline for submission of bidding documents determined in the bidding documents, the bidder shall not modify or withdraw its bidding documents, otherwise its bidding qualification will be canceled and its bidding deposit shall not be refunded.
Article 23 A bidder or a bidding agent shall not do any of the following:
(1) open bids before the opening of bids, inform bidders of the bids, or withdraw or change the bidding documents for the bidders;
(2) disclose the bidding price to the bidders;
(3) pre-determine the winning bidders;
(4) ask for a bribe from the bidders , or accepting bribes from bidders;
(v) other violations affecting fair competition.
Article 24 Bidders shall not engage in the following acts:
(1) colluding with each other in the preparation of bidding documents, raising or lowering the bidding price;
(2) colluding with bidders in bidding, and seeking to win the bidding by bribing the bidder or the members of the bidding evaluation committee, or bidding for the bidding of the bidding price is lowered or raised, and then giving additional compensation to the bidder or other bidders after winning the bidding;
Article 28 Bidders shall not engage in any of the following acts Compensation;
(3) Taking dependence, transferring, renting, etc. to obtain qualifications or qualification certificates from other legal persons or organizations for bidding or otherwise falsifying the bid to win the bid;
(4) Participating in the bidding for the same project as a member of more than two bidders or a consortium;
(5) Other illegal acts of crowding out other bidders from competing in a fair manner.
Consulting, surveying, design, construction, supervision, bidding agent and other units are not permitted to transfer, lease, or cede their qualification certificates to other legal persons, organizations or individuals.
Article 25 If the bidding documents require the bidders to submit bidding deposit or bid bond, the bidders shall submit it to the bidders when delivering the bidding documents. Bidding deposit or bid bond is generally 0.5% to 2% of the estimated contract price. Article 26 the opening of bids shall be carried out publicly at the same time as the deadline for submission of bidding documents determined in the bidding documents. Opening of bids by the bidder or bidding agent to preside over, notify all bidders to attend.
When opening the bids, the sealing of the bidding documents shall be checked by the bidders or their elected representatives, and the bidders or the bidding agent shall examine the originals of the documents required to be furnished by the bidders under Item 1 of Article 19 of these Regulations, or they may be examined by a notary public entrusted by the bidders and notarized; and after confirming that there is no error, the seal shall be opened and the name of the bidders, bidding quotations, and the other main contents of the bidding documents shall be read out in public.
Article 27 of the bid opening process shall be recorded and signed by the host and the relevant supervisory personnel present on file for inspection. The contents of the record of the opening of tenders shall be:
(1) the name, size and quantity of the bidding project;
(2) the time and place of the opening of tenders;
(3) the units and persons who participated in the opening of tenders;
(4) the names of the bidders and their bidding quotations;
(5) other matters that should be recorded.
Article 28 The composition of the bid evaluation committee and the evaluation and finalization of bids shall be conducted in accordance with the relevant provisions of the State. Bid evaluation committee is generally formed by the bidder in accordance with the law within 24 hours before the opening of bids. Bid evaluation committee members and the bid evaluation process shall be confidential before the announcement of the winning bid.
Article 29 of the bid evaluation committee of experts, by the bidder from the relevant departments of the state council or the relevant departments of the provincial people's government to provide a roster of experts or bidding agency of the expert library in the corresponding professional experts list.
To determine the bid evaluation experts, general bidding projects can be taken by random sampling; technology is particularly complex, professional requirements are particularly high or the state has special requirements of the project, can be directly determined by the bidder.
The provincial people's government shall establish a comprehensive bid evaluation expert roster.
Article 30 Any of the following circumstances shall not be allowed to serve as a member of the bid evaluation committee in the province:
(1) the working staff of the bidder, or the close relatives of the person in charge of the bidder;
(2) the staff of the competent department in charge of the project or of the administrative supervisory department;
(3) those who have an interest in the bidder, which may affect the fair evaluation of the bids;< /p>
(D) who has received an administrative penalty of less than three years or a criminal penalty for an illegal act in the bidding and tendering activities.
Article 31 The evaluation and finalization of bids shall be completed within 30 days after the opening of the bids, and if it cannot be completed on time, the bidder shall notify all bidders of the extension of the deadline. A bidder who refuses to extend the deadline and abandons the bidding shall have the right to withdraw the bidding deposit or bid bond. The bidder shall compensate the bidders for the losses caused to the bidders due to the extension of the deadline, except for force majeure.
Article 32 If one of the following circumstances exists, the bid evaluation committee shall determine that the bid is rejected:
(1) If the documents required to be provided by the bidder under Item 1 of Article 19 of these Regulations are incomplete;
(2) If the bidding letter does not have the official seal of the bidder and the seal and signature of the legal representative or the agent authorized by the legal representative;
(3) If the bidding document is not filled out according to the (C) the bidding documents are not filled out in accordance with the format specified in the bidding documents, or fill in the content is incomplete, or unclear recognition of ambiguities, or alterations are not stamped with the official seal of the bidder and the seal of the legal representative;
(D) the bidder to submit two or more bidding documents with different content does not indicate which one is valid, or a bidding document for the same bidding project has more than two quotes does not indicate which one is valid;
(e) The bidder is not identical in name and organizational structure with the unit that has passed the pre-qualification, and cannot provide legal and effective proof of the transfer of its rights and obligations;
(f) The bidder submits the bid in the form of a consortium without a ***same bidding agreement;
(g) The bidder fails to provide the bidding deposit or bid bond in accordance with the requirements of the bidding documents;
(h) Bidding price is significantly lower than the cost, the bidder can not reasonably explain or can not provide relevant supporting materials;
(ix) the bidding documents failed to make a substantial response to the requirements and conditions set forth in the bidding documents;
(x) the bidder to bid in the name of another person, collusion in the bidding, bribery in order to seek to win the bid, or by falsehood and so on;
(xi) the tender documents are accompanied with a tender agreement;
( (xi) Bidding documents with conditions unacceptable to the bidder;
(xii) in line with the bidding documents stipulated in other conditions for the abolition of the bid.
Article 33 The bid evaluation committee shall, within 10 days after the opening of the bidding to complete the evaluation of the bid and submit a written report to the bidder. Written bid evaluation report shall include: the basic project and data table, the bid evaluation committee members, the opening of bids, the list of bids that meet the requirements, bid evaluation, the evaluation of bids, the comparative list of bids and bidders ranked after evaluation, the recommended list of one to three successful candidates and other relevant information.
Article 34 The bidder shall, within 10 days from the date of receipt of the bid evaluation report submitted by the bid evaluation committee, determine the successful bidder in accordance with the order of the list of successful candidates and publicize the results of the successful bidding for a period of not less than three days.
Where the bidder authorizes the bid evaluation committee to determine the successful bidder directly, the bidder shall make a public announcement of the successful bidder determined by the bid evaluation committee in accordance with the preceding paragraph.
Any objections after the public announcement shall be handled by the relevant administrative supervision department in accordance with law.
Article 35 The bidder shall not determine the winning bidder in violation of law. If the conditions of the winning candidates are equal and the order of precedence cannot be determined, the bidder shall determine the winning bidder on the spot.
The relevant administrative supervisory authority shall not interfere with the bidder's independent determination of the winning bidder by way of approval, ratification, licensing or filing.
Article 36 The bidder shall issue a notice of award to the successful bidder within five days after the result of the award is publicized without objection, and at the same time notify the other bidders of the result of the award.
The bidder shall not put forward to the successful bidder a lowered offer, an increased workload, a shortened construction period, or other unreasonable requirements as a condition for issuing the notice of award.
Article 37 The bidder and the successful bidder shall, within 30 days from the date of issuance of the notice of award, sign a written contract in accordance with the bidding documents and the bidding documents of the successful bidder.
The contract price of an engineering and construction project for which bidding is required by law must be kept within the approved estimated investment or the estimated investment, and may not be lower than the cost of the project.
The bidding documents require the successful bidder to submit a performance bond or performance bond, the successful bidder shall submit; the successful bidder requires the bidder to submit a performance bond, the bidder shall submit.
Article 38 If the successful bidder puts forward additional conditions to the bidder when signing the contract, or refuses to submit a performance bond or performance guarantee, or voluntarily abandons the winning bid, or fails to sign the contract within the time specified in the bidding documents, the bidder has the right to cancel its qualification for winning the bidding, and its bidding deposit shall not be refunded. The bidder shall separately determine the successful bidder in accordance with the order of the list of successful candidates and make a public announcement.
The bidder and the successful bidder to sign the contract within five days from the date of the bidder shall return the successful bidder and other bidders of the bidding deposit or refund of the bid bond.
Article 39 For projects for which bidding is required by law, the bidder shall, within 15 days from the date of determining the successful bidder, submit a written report on the bidding and tendering situation to the relevant administrative supervisory department for record.
The written report on bidding and tendering shall include the following:
(1) the scope of bidding;
(2) the method of bidding, the form of organization of bidding and the medium of publication of the bidding notice;
(3) the bidding documents including the instructions to the bidders, the technical terms and conditions, the criteria and methods of evaluating the bids, the conditions for awarding the bids, the main terms of the contract and other contents;
(iv) Bid evaluation report;
(v) Results of winning bids;
(vi) Other relevant matters to be reported.
Where pre-qualification is practiced, the written report shall include information on the pre-qualification documents and pre-qualification results.
Article 40 The bidder shall not designate for the successful bidder a subcontracting unit for the awarded project.
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.
The successful bidder may, in accordance with the contract or with the consent of the bidder, subcontract part of the non-main and non-critical work of the successful project to others. The person accepting the subcontract shall have the appropriate qualifications and shall not be allowed to subcontract again.
The successful bidder shall be responsible to the bidder for the subcontracted project, and the person accepting the subcontract shall be jointly and severally liable for the subcontracted project. Article 41 The relevant administrative supervisory departments shall perform the following supervisory duties in respect of bidding and tendering activities:
(1) supervising and checking whether the acts of the parties involved in the bidding and tendering activities are in conformity with the authority and procedures prescribed by laws and regulations;
(2) supervising and checking the relevant documents and information on the bidding and tendering activities, and verifying the legality and authenticity of the same;
(3) supervising and checking the Whether the process of pre-qualification, bid opening, bid evaluation and finalization is lawful and in accordance with the provisions of the pre-qualification documents and bidding documents;
(d) supervising and checking the implementation of the results of the bidding and tendering.
Article 42 The relevant administrative supervisory departments may take on-site supervision, comprehensive inspection, special law enforcement inspections, key spot checks, major project audits, filing, as well as accepting complaints and reports to supervise the bidding and tendering activities, and investigate and deal with violations of law in accordance with the law.
The relevant administrative supervision departments should be law enforcement supervision process found in the timely notification of the project approval department, the project approval department in accordance with the circumstances of the law to suspend the project implementation or suspension of funds disbursement.
Article 43 of the relevant administrative supervision departments in the supervision and management process, shall not charge the bidder, the bidder, bidding agent and other parties involved in bidding activities any administrative fees. Except as otherwise provided by laws and regulations.
Article 44 of the bidding and tendering activities or other interested parties that the bidding and tendering activities do not comply with relevant laws and regulations and the relevant provisions of these regulations, the right to the relevant administrative supervision departments and other relevant state organs to complain and report, the relevant departments shall be investigated and dealt with within 30 days from the date of acceptance and will be dealt with in response to the complainant, the whistleblower.
Article 45 of the people's governments at or above the county level administrative supervision organs shall, in accordance with the law, strengthen the relevant administrative supervision departments to comply with and implement the relevant laws and regulations and the supervision and inspection of these regulations, accept and investigate and deal with the relevant administrative supervision departments and their staff intervene in the bidding activities of the violation of law and discipline reports.
Article 46 The provincial people's government shall establish a bidding supervision service network in the province, and set up a record system for illegal behavior of parties involved in bidding activities. Records of bidders, bidding agencies, bidders, members of the bid evaluation committee and other parties involved in bidding and tender activities and the results of the illegal behavior, for the parties involved in bidding and tender activities, the relevant administrative supervision departments and the public inquiry. Article 47 If, in violation of the provisions of these Regulations, the preliminary bidding program of a project which is required by law to be tendered shall be approved by the project approval department without approval or if the bidding is not carried out in accordance with the preliminary bidding program approved by the project approval department, the relevant administrative supervisory department shall order rectification within a certain period of time, and may suspend the implementation of the project or suspend the disbursement of the funds in respect of the project which is wholly or partially financed by state-owned funds; and in serious cases, it May be declared null and void; the unit directly responsible for the competent person and other directly responsible persons shall be given administrative sanctions in accordance with the law.
Article 48 If a bidder or a commissioned bidding agent violates the provisions of Article 8, paragraphs 1 and 3, and Article 16, paragraph 2, of these Regulations, the relevant administrative supervisory department shall order rectification within a specified period of time, and may impose a fine of not less than 10,000 yuan and not more than 30,000 yuan.
Article 49 Violation of the provisions of Article 8(2) and Article 9(1) and (3) of these Regulations, unauthorized termination of bidding or invitation to tender, the relevant administrative supervision department shall order rectification or declare the bidding invalid, and may impose a fine of not less than 10,000 yuan and not more than 50,000 yuan; for the project that is wholly or partially using state-owned funds, the project implementation may be temporarily
suspended or suspend the funds disbursement ; the unit directly responsible for the competent person and other directly responsible personnel
administrative sanctions according to law; bidders and other interested parties caused losses, the bidder shall bear
compensation responsibility according to law.
Article 50 The bidding agent violates the provisions of Article 11 of these regulations, its bidding agent is invalid, the relevant administrative supervision department shall impose a fine of 20,000 yuan or more than 50,000 yuan or less, and the unit directly responsible for the competent personnel and other directly responsible personnel shall be imposed a fine of 2,000 yuan or more than 5,000 yuan or less.
Article 51 Where a bidder violates the provisions of Article 16, paragraph 1, Article 36 and Article 39, paragraph 1 of these Regulations, the relevant administrative supervisory department shall order rectification, and may suspend the execution of the project or the disbursement of the funds for projects that are wholly or partly financed by state-owned funds.
The bidder who violates the provisions of Article 37 of these Regulations shall be dealt with in accordance with the provisions of the preceding paragraph, and if it causes losses to the successful bidder, it shall be liable for compensation in accordance with the law.
Article 52 Violation of the provisions of Article 18 and Article 21 of these Regulations, the relevant administrative supervision department shall order rectification within a specified period of time, and may impose a fine of not less than 20,000 yuan to not more than 50,000 yuan, and the unit directly responsible for the competent personnel and other directly responsible personnel shall be subject to a fine of not less than 2,000 yuan to not more than 5,000 yuan; for all or part of the use of state-owned funds of the project, the implementation of the project may be suspended or suspend the allocation of funds; the circumstances are serious, can be declared
winning the bid is invalid; the unit directly responsible for the competent personnel and other directly responsible personnel shall be given administrative sanctions in accordance with the law.
Article 53 If a bidder or a commissioned bidding agent violates the provisions of these Regulations by engaging in false or fraudulent acts in the process of bidding activities, or by failing to conduct pre-qualification in accordance with the conditions specified in the bidding notice or invitation to tender, or by making unauthorized changes to the bid evaluation standards, methods and award conditions, or by failing to publicize the results of the winning bid, the relevant administrative supervisory department shall order rectification within a certain period of time or Declare the winning bid null and void, and may be fined more than 5 per cent of the estimated contract price of the project 10 per cent or less.
Article 54 The bidder violates the provisions of the first paragraph of Article 40 of these regulations, the subcontracting is invalid, by the relevant administrative supervision department on the subcontracting of the project amount of more than 5 per cent of the amount of 10 per cent of the following fines; there is unlawful income confiscation of unlawful income.
Article 55 violation of Article 23, Article 24, Article 28, Article 29, Article 30, as well as other provisions of these Regulations, in accordance with the provisions of relevant laws and regulations shall be punished.
Article 56 Any unit or individual in violation of the provisions of these Regulations, one of the following circumstances, the relevant administrative supervision department shall order rectification. For the unit directly responsible for the competent person and other directly responsible personnel, belonging to the staff of state organs, the administrative supervisory organs shall be given administrative sanctions according to law; not belonging to the staff of the state, the administrative supervisory organs shall put forward recommendations, the relevant departments and units to be given sanctions:
(1) to restrict or exclude legal persons or other organizations outside of the region or system to participate in the bidding;
(ii) appointing a bidding agent for the bidder;
(iii) compelling the bidder to entrust the bidding agent to handle the bidding;
(iv) increasing the matters of bidding and tendering for examination and approval, approval, licensing, and record-keeping without authorization;
(v) compelling the bidder to prepare or submit for examination and approval a bidding proposal or intervening in the determination of a bidding proposal by the bidder;
(vi) ) unlawfully interfering with the bidder's prequalification of bidders, the preparation of bidding documents, the formation of the bid evaluation committee, the determination of the time and place for the cut-off and opening of bids, and unlawfully interfering with the bidder's autonomy in matters of opening bids, evaluating bids, determining the successful bidder, and signing contracts;
(vii) violating the provisions of the laws and regulations, and charging the parties to the bidding and tendering activities for the costs of the administrative utilities;
(viii) Favoritism, abuse of power, dereliction of duty, soliciting and offering bribes and accepting bribes, which does not constitute a crime;
(ix) in other ways to illegally interfere in bidding and tendering activities. Article 57 involves national security, state secrets, disaster relief and other inappropriate bidding projects, the use of poverty alleviation funds to implement food for work, the need for the use of migrant workers and other special circumstances are not suitable for bidding projects, design and construction companies have the appropriate qualifications to use self-financing self-built projects, in accordance with the relevant provisions of the state and the province may not be subject to bidding.
Article 58 The provincial people's government shall, in accordance with these regulations to develop bidding supporting regulations.
Article 59 These Regulations shall come into force on January 1, 2003.