Interim Measures of Linfen Municipality on the Administration of Bidding for Construction Projects;
Chapter I General Provisions
Article 1 In order to standardize the bidding activities, protect the national interests, social public interests and the legitimate rights and interests of the parties involved in the bidding activities, standardize the bidding activities of engineering construction projects according to law, and avoid the occurrence of illegal acts in the bidding activities, according to the Bidding Law of People's Republic of China (PRC), the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), the Regulations on the Bidding of Engineering Construction Projects of Shanxi Province and other relevant laws.
Article 2 These Measures shall apply to the tendering and bidding activities of engineering construction projects within the administrative area of this Municipality.
Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality and good faith.
Fourth development and reform department is responsible for guiding and coordinating the bidding work within their respective administrative areas; Responsible for and supervise the issuance of tender announcement; Responsible for checking the bidding activities of key construction projects.
Information, agriculture, housing construction, transportation, water conservancy, commerce, finance and other administrative departments. According to the current division of responsibilities, be responsible for supervising the tendering and bidding activities of this system's engineering construction projects. The financial department shall supervise the budget implementation and government procurement policy implementation of government procurement construction projects that must be subject to tender according to law.
Supervisory organs shall supervise the objects of supervision related to bidding activities according to law.
Article 5 The bidding of projects that must be subject to bidding according to law is not restricted by regions or departments. No unit or individual may illegally restrict or exclude legal persons or other qualified organizations outside the local area or system from participating in the bidding.
Article 6 A unified and standardized bidding and tendering trading place shall be established to provide services for bidding and tendering activities. Trading places shall not be subordinate to administrative supervision departments, and shall not be for profit.
Chapter II Bidding Scope and Scale Standards
Article 7 The following infrastructure and public utilities projects that meet the standards stipulated in Article 9 of these Measures and are related to social interests and public safety must be subject to tender:
(a) coal, coke, natural gas, electricity, new energy and other energy projects;
(two) railways, highways, pipelines, water transport, aviation and other transportation projects;
(3) Important mineral resources development projects;
(4) Posts and telecommunications projects such as postal services, telecommunications hubs, communication and information networks;
(five) flood control, irrigation, drainage, water diversion (supply), beach management, soil and water conservation, aquatic products, water conservancy projects and other water conservancy projects;
(6) Urban facilities such as roads, bridges, tunnels, subways and light rail traffic, sewage treatment, garbage disposal, underground pipelines, public parking lots, etc.;
(7) Ecological environment protection projects;
(eight) fire, civil air defense, noise monitoring and other infrastructure projects;
(nine) water supply, power supply, gas supply, heating, gas, gardens, greening, street lamps and other municipal engineering projects;
(ten) science and technology, education, culture, health care, social welfare, sports, tourism and other projects;
(eleven) office buildings, public buildings, commercial housing, affordable housing;
(12) Other public utility projects.
Article 8 The following construction projects that use state-owned funds, state financing and funds from international organizations and foreign governments, which meet the standards in Article 9 of these Measures, must be subject to public bidding:
(a) the use of financial budget funds at all levels of the project;
(two) the use of various government special construction funds included in the financial management of the project;
(three) the use of state-owned enterprises and institutions' own funds, and the state-owned assets investors actually have control over the project;
(4) Projects financed by bonds issued by the state;
(five) the use of foreign loans or guarantees to raise funds for the project;
(six) the use of national policy loans;
(7) Projects financed by investors authorized by the government;
(8) Financing projects chartered by the government;
(nine) projects that use loan funds from international organizations such as the World Bank and the Asian Development Bank;
(10) Projects using loan funds from foreign governments and their institutions;
(eleven) projects that use the aid funds of international organizations or foreign governments.
Article 9 Engineering construction, goods procurement, services and franchising that meet the scope specified in Articles 7 and 8 must be subject to public bidding if they meet one of the following standards:
(a) the estimated price of a single construction contract is more than 2 million yuan;
(two) the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 6,543,800 yuan;
(three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 500,000 yuan;
(four) the estimated price of a single contract is lower than the standards stipulated in items (1), (2) and (3), but the total investment of the project is more than 30 million yuan.
Chapter III Bidding
Tenth in accordance with the relevant provisions of the state, the project examination and approval procedures must be fulfilled, and the bidding scope, bidding method and bidding organization form of the project must be reported to the project examination and approval department for examination and approval. The project examination and approval department shall promptly notify the relevant administrative supervision departments of the scope, method and organizational form of the tender determined by the examination and approval.
Article 11 A tenderer refers to a legal person or other organization that proposes a project subject to tender and carries out the tender. A tenderer shall not engage in false bidding in the bidding process, and shall not collude with bidders to harm the national interests, social interests and the legitimate rights and interests of other bidders.
Twelfth belong to one of the following circumstances, the construction project can not be invited to tender, but when submitting the project feasibility study report or project application report, you must apply for not inviting the tender, and explain the reasons for not inviting the tender, which will be approved by the project examination and approval department (approval).
(1) Involving national security or having special confidentiality requirements;
(two) the survey and design of the construction project adopts specific patented technology or special technology, or its architectural artistic modeling has special requirements;
(three) the number of contractors, suppliers or service providers is less than three, which can not form effective competition;
(four) the purchaser can build, produce or provide it by himself according to law;
(5) Investors of franchise projects selected through bidding can build, produce or provide them by themselves according to law;
(six) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements; (seven) belonging to the use of poverty alleviation funds to implement work-for-relief needs to use migrant workers;
(eight) other reasons are not suitable for bidding.
Thirteenth engineering construction projects need to be tendered before the approval of the project feasibility study report or the project application report due to special circumstances, and the bidding scheme must also be submitted to the project examination and approval department, which will examine and approve the bidding scheme.
Fourteenth projects that must be subject to tender according to law are not suitable for public bidding under any of the following circumstances. After examination and approval by the project examination and approval department, bidding can be invited:
(a) the technology is complex or has special requirements;
(two) there are special requirements for the protection of proprietary technology and patent rights;
(three) the cost of public bidding accounts for a large proportion of the project contract amount;
(4) Limited by natural resources or environment;
(five) other unsuitable for public bidding.
Fifteenth construction projects that must be subject to tender according to law, the construction unit shall submit the project feasibility study report or project application report at the same time, and the project bidding scheme shall be approved by the project examination and approval department. The contents of the bidding scheme include:
(a) the specific scope of bidding for survey, design, construction, supervision and procurement of important equipment and materials of construction projects (all or part of bidding);
(two) the bidding organization form (entrusted bidding or self-bidding) and bidding method (open bidding or invited bidding) to be adopted in the survey, design, construction, supervision and procurement activities of important equipment and materials of construction projects. If it intends to adopt self-invitation or invitation to bid, it shall explain the reasons in writing;
(3) Other relevant contents.
In the bidding activities, if it is really necessary to adjust the bidding scheme, the tenderer shall go through the approval procedures again at the original approval authority.
If the project unit fails to submit the bidding scheme when submitting the project feasibility study report or the project application report, the project examination and approval department shall not approve the project feasibility study report or the project application report.
Sixteenth projects that must be subject to tender according to law shall be filed with the relevant administrative supervision departments. A tenderer who handles the tender matters by himself shall have the ability to prepare the tender documents and organize the bid evaluation, including:
(1) Having professional and technical strength suitable for the scale and complexity of the project subject to tender;
(2) Having a special tendering agency or having more than 3 full-time tendering professionals;
(three) familiar with and master the relevant laws and regulations of bidding.
If one of the conditions specified in the preceding paragraph is not met, the tenderer shall entrust a bidding agency with corresponding qualifications to handle the bidding matters.
Seventeenth construction projects that must be subject to tender according to law, the tenderer shall organize the tender by itself, and submit the following written materials at the same time as the project feasibility study report or project application report to the project examination and approval department:
(a) a copy of the business license of the project legal person, the legal person qualification certificate or the establishment document of the project legal person;
(2) Having professional and technical strength suitable for the project subject to tender;
(three) the basic situation of the internal bidding agency or full-time bidding business personnel, the bidding documents and bid evaluation reports of similar engineering construction projects prepared in the past, and the certification materials of bidding performance;
(4) Other materials as prescribed by laws and regulations.
A tenderer who meets the requirements for self-bidding may handle the bidding matters on his own. No unit or individual may restrict or refuse to go through the relevant procedures for project construction, and its bidding activities shall be subject to the supervision of the relevant administrative departments.
Eighteenth the qualification of a procuratorial agency shall be determined by the relevant departments in accordance with the law and the provisions of the State Council. The administrative department shall, in accordance with the prescribed division of responsibilities, supervise and manage the tendering agency according to law.
Article 19 A bidding agency shall carry out bidding agency business within the scope permitted by its qualifications and entrusted by the tenderer, and no unit or individual may illegally interfere.
When acting as an agent for bidding business, a bidding agency shall abide by the provisions of the Bidding Law and its Regulations on the Implementation of the Tenderee. A bidding agency shall not bid or act as an agent in the bidding project it represents, nor shall it provide consultation for the bidders of the bidding project it represents.
Article 20 The agency authority of a bidding agency shall be stipulated in the bidding agency contract; If a procuratorial agency exceeds its agency authority and causes losses to the tenderer, it shall be liable for compensation according to law.
Twenty-first tender documents shall be compiled according to the characteristics and needs of the project subject to tender. The tender documents shall include the following main contents:
(1) Instructions to Bidders;
(two) the scope, nature, scale, quantity, standards and main technical requirements of the project subject to tender;
(3) List of tender offer;
(four) evaluation criteria, methods and related factors considered in the evaluation process;
(5) Time for delivery, completion or provision of services;
(6) For pre-qualification projects, the qualification standards of bidders shall be clearly defined, and bidders shall be required to provide relevant qualification documents;
(7) Requirements for preparation of bid documents;
(eight) the way, place and deadline for submitting bid documents, as well as the number of originals and copies;
(9) Time and place of bid opening;
(ten) the validity of the bid;
(eleven) the main terms of the contract;
(twelve) the administrative supervision department that accepts complaints.
For projects that use all or part of state-owned funds, the construction standards and contents determined by the tenderer in the tender documents shall be controlled within the scope approved by the project examination and approval department.
Article 22 A tenderer shall sign a written entrustment contract with the entrusted tendering agency, and the fees stipulated in the contract shall comply with the relevant provisions of the state.
Article 23 Where a tenderer conducts qualification examination on potential bidders by means of prequalification, it shall issue a prequalification announcement and prepare prequalification documents.
The pre-qualification announcement and tender announcement of the project that must be subject to tender according to law shall be released through the media designated by the national and provincial development and reform departments.
The preparation of pre-qualification documents and tender documents for projects that must be subject to tender according to law shall use the standard style formulated by the development and reform department of the State Council in conjunction with the relevant administrative supervision departments.
Article 24 A tenderer shall sell pre-qualification documents or tender documents at the time and place specified in the pre-qualification announcement, tender announcement or invitation to bid. The pre-qualification documents or bidding documents shall be sold for no less than 5 days.
The fees charged by the tenderee for selling prequalification documents and bidding documents are limited to the compensation cost of printing and mailing, and shall not be for profit.
Twenty-fifth the tenderer shall reasonably determine the time to submit the application documents for pre-qualification. For a project that must be subject to tender according to law, the time for submitting the prequalification application documents shall not be less than 5 days from the date when the prequalification documents stop selling.
Twenty-sixth pre-qualification shall be carried out in accordance with the standards and methods stipulated in the pre-qualification documents.
Where state-owned funds occupy a controlling or leading position in projects that must be subject to tender according to law, the tenderer shall set up a prequalification committee to examine the prequalification application documents. The Qualification Examination Committee and its members shall abide by the provisions of the Bidding Law and its implementing regulations on the Bid Evaluation Committee and its members.
Twenty-seventh after the prequalification, the tenderer shall promptly issue a notice of prequalification results to the prequalification applicant. Applicants who have not passed the prequalification are not qualified to bid.
Article 28 If the contents of the prequalification documents and bidding documents prepared by the tenderee violate the mandatory provisions of laws and regulations and the principles of openness, fairness, impartiality, honesty and credibility, and affect the prequalification results or the bidding of potential bidders, the tenderee of a project that must be subject to tender according to law shall re-tender after modifying the prequalification documents or bidding documents.
Article 29 A tenderer may, in accordance with the law, conduct general contracting bidding for the project and all or part of the goods and services related to the project. Projects, goods and services that are included in the scope of general contracting in the form of temporary evaluation belong to the scope of projects that must be subject to tender according to law, and meet the scale standards stipulated by the state, they shall be subject to tender according to law.
Thirtieth a tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions.
A tenderer who commits one of the following acts restricts or excludes potential bidders or bidders with unreasonable conditions:
(1) Providing different project information to potential bidders or bidders of the same project subject to tender;
(2) The qualification, technology and business conditions set are not suitable for the specific characteristics and actual needs of the project subject to tender or have nothing to do with the performance of the contract;
(three) the project subject to tender according to law is based on the performance and awards of a specific administrative region or a specific industry as a condition for extra points or winning the bid;
(4) adopting different qualification examination or evaluation criteria for potential bidders or bidders;
(5) Defining or designating a specific patent, trademark, brand, country of origin or supplier;
(six) the project that must be subject to tender according to law illegally restricts the ownership or organizational form of potential bidders or bidders;
(seven) to restrict or exclude potential bidders or bidders by other unreasonable conditions.
Chapter IV Bidding
Article 31 A bidder shall provide the following documents and materials to the tenderer when bidding:
(1) Business license and corresponding qualification certificate;
(2) Reputation and performance in the last three years;
(3) Relevant performance materials;
(4) Other documents and materials specified in the tender documents.
Article 32 After sealing the tender documents, the bidders shall deliver them at the time and place specified in the tender documents, and the tenderee shall sign for them and issue a written receipt. The written certificate shall specify the time and place of receipt, the number of documents and the name of the recipient.
Thirty-third effective bidders shall not be less than three, less than three, the tenderer shall re tender according to law. If there are still less than three effective bidders after re-tendering, it belongs to a construction project that must be approved. After being approved by the original examination and approval department, the bidding method may be changed or no public bidding may be conducted.
Article 34 A tenderer shall reject the bid documents submitted by applicants who have not passed the prequalification, and the bid documents that have been delivered after the deadline or have not been sealed according to the requirements of the tender documents.
The bidder shall truthfully record the delivery time and sealing conditions of the bidding documents and file them for future reference.
Article 35 A tenderer shall specify whether or not to accept a consortium bid in the prequalification announcement, tender announcement or invitation to bid.
Where a tenderer accepts the bid of a consortium and conducts pre-qualification, it shall form a consortium before submitting the pre-qualification documents. If the consortium adds, reduces or replaces members after the prequalification, its bid will be invalid.
If the parties to a consortium bid separately in their own names or participate in the bidding of other consortia in the same bidding project, the relevant bidding is invalid.
Article 36 In the process of bidding, tenderers and bidders shall not collude in bidding, bidders shall not bid at a price lower than the cost, they shall not bid in the name of others without authorization, and they shall not cheat or win the bid by other means.
Bidders shall not collude in bidding through negotiation of bidding quotation, agreement of winning bidder, mutual exclusion of specific bidders, etc.
For projects that must be subject to tender according to law, the tenderer shall not disclose the pre-tender estimate. Tenderers, bidders, tendering agencies and members of the bid evaluation committee shall not disclose confidential information in the process of bidding, bid evaluation and selection.
Chapter V Bid Opening, Bid Evaluation and Bid Winning
Article 37 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents; The place of bid opening shall be the place predetermined in the tender documents.
Article 38 The bid opening shall be presided over by the tenderee or its entrusted tendering agency, and all bidders shall be invited to participate. The bid opening of a project subject to tender according to law shall be subject to the supervision of the relevant administrative departments.
Article 39 In the process of bid opening, the following items shall be recorded and filed for future reference:
(a) the name, scale and quantity of the project subject to tender;
(2) Time and place of bid opening;
(3) Units and personnel participating in the bid opening;
(four) the name of the bidder and its tender offer;
(five) other matters that should be recorded;
The bid opening record shall be signed and confirmed by the host and other relevant personnel present.
Fortieth a tenderer or a procuratorial agency shall randomly select and determine bid evaluation experts from the provincial government's bid evaluation expert database to form a bid evaluation committee. The number of members of the bid evaluation committee shall be an odd number of 5 or more, among which technical and economic experts shall not be less than 2/3 of the total number of members. The specific formation and management measures shall be implemented in accordance with the Measures for the Administration of Shanxi Province's Bid Evaluation Expert Database and Bid Evaluation Experts.
Article 41 No one shall be a member of the bid evaluation committee under any of the following circumstances:
(1) The bidder or the close relatives of the main person in charge of the bidder;
(2) personnel of the project department or the administrative supervision department;
(3) Having an economic interest relationship with the bidder, which may affect the fair bid evaluation;
(4) Having been subjected to administrative punishment or criminal punishment because of illegal acts in bidding, bid evaluation and other activities related to bidding.
Members of the bid evaluation committee shall voluntarily withdraw from any of the circumstances specified in the preceding paragraph.
Article 42 Members of a bid evaluation committee shall not contact bidders or people who are interested in the bidding results in private, accept property or other benefits from bidders, intermediaries or other interested parties, and shall not disclose the evaluation of bid documents, the recommendation of successful candidates and other information related to bid evaluation.
Article 43 A bid evaluation expert shall meet the following conditions:
(a) must be an expert in the provincial government's bid evaluation expert database;
(2) Having a good professional ethics, being able to perform their duties fairly, fairly and honestly, and consciously safeguarding the national interests and the legitimate rights and interests of both bidders;
(3) Having worked in relevant professional fields for 8 years, and having a senior or above professional title or equivalent professional level;
(four) familiar with the laws and regulations related to bidding, and have practical experience related to bidding projects.
Article 44 The bid evaluation committee shall systematically evaluate and compare the bid documents according to the bid evaluation standards and methods determined in the bidding documents. Standards and methods not specified in the tender documents shall not be used as the basis for bid evaluation.
The bid evaluation criteria and methods specified in the tender documents shall be reasonable, and shall not contain contents that tend to or exclude potential bidders, and shall not hinder or restrict competition among bidders.
Article 45 In the process of bid evaluation, the bid evaluation committee may require bidders to make necessary clarifications, explanations or corrections for the contents in the bid documents that are ambiguous, inconsistent with similar problems or have obvious errors in writing and calculation. Clarification, explanation or correction shall be made in written form, and shall not exceed the scope of the tender documents or change the substantive contents of the tender documents.
Article 46 After the bid evaluation is completed, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and send a copy to the relevant administrative supervision departments. The bid evaluation report shall truthfully record the following contents:
(1) Basic information and data table;
(2) List of members of the bid evaluation committee;
(3) Record of bid opening;
(4) Bidding list that meets the requirements;
(five) evaluation criteria, evaluation methods or evaluation factors list;
(six) the price or score comparison list after review;
(seven) the bidding sequence after review;
(eight) the list of recommended candidates for winning the bid and the matters that should be dealt with before signing the contract;
(9) Minutes of clarification, explanation and correction;
(ten) description of the situation of the waste standard.
Article 47 The number of candidates recommended by the bid evaluation committee shall be limited to one to three, and the order shall be indicated.
For projects that use state-owned funds or state financing, the tenderee shall determine the winning candidate ranked first as the winning bidder. If the winning candidate ranked first gives up the bid, fails to perform the contract due to force majeure or fails to submit the performance bond as required, the tenderer may determine the winning candidate ranked second as the winning bidder. If the second-ranked candidate winning the bid cannot sign the contract due to the reasons listed in the preceding paragraph, the tenderer may determine the third-ranked candidate winning the bid as the winning bidder.
The tenderer may authorize the bid evaluation committee to directly determine the winning bidder.
Where the state and the province have special provisions on the evaluation of a specific project subject to tender, such provisions shall prevail.
Article 48 In any of the following circumstances, it shall be deemed invalid:
(a) bidders bid in the name of others without authorization, collude in bidding, win the bid by bribery or bid by other fraudulent means;
(two) there is no signature or seal of the legal representative of the bidder or its authorized agent;
(three) the deadline for the completion of the project subject to tender stipulated in the tender documents exceeds that stipulated in the tender documents;
(four) does not meet the technical specifications and standards;
(five) the packaging methods, inspection standards and methods of the goods do not meet the requirements of the tender documents;
(six) put forward conditions that are unacceptable to the tenderer;
(seven) other non-compliance with laws, regulations and the provisions of the tender documents.
The invalid bid shall be publicly recognized and announced by the tenderer at the time of bid opening. Scrapped bids shall not participate in bid evaluation.
Forty-ninth projects that must be subject to tender according to law, the tenderer shall, within 5 days from the date of determining the winning bidder, submit a written report on the bidding situation to the relevant administrative supervision departments. The written report shall include the following contents:
(a) the way of bidding, the form of bidding organization and the media that issued the bidding announcement;
(2) prequalification documents and prequalification results;
(3) Instructions to bidders, technical specifications, bid evaluation standards and methods, main contract terms, etc. In the tender documents;
(4) Bid evaluation report;
(5) The result of winning the bid.
After the winning bidder is determined, the tenderer shall issue a bid-winning notice to the winning bidder and notify all bidders who have not won the bid. The bid-winning notice has legal effect on the tenderer and the winning bidder.
Article 50 Where a bidder subcontracts the winning project, the tenderer and the bidder must abide by the following provisions:
(a) the tenderer shall not designate subcontractors for bidders;
(two) the subcontractor shall specify in the tender documents;
(three) the content of the subcontract is a part of the non-main and non-critical work of the winning project;
(four) the personnel who accept the subcontract shall have the corresponding qualifications and shall not subcontract again.
Article 51 The tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, sign a written contract according to the tender documents and the bid documents of the winning bidder at the time and place indicated in the bid-winning notice. When concluding a contract, the tenderer and the winning bidder shall not put forward any requirements other than the tender documents to the other party, and shall not conclude other agreements that deviate from the substantive contents of the contract.
Chapter VI Supervision and Administration
Fifty-second relevant administrative departments shall promptly notify the project examination and approval department of the problems found in the supervision process, and the project examination and approval department may suspend the implementation of the project or suspend the disbursement of funds according to the situation.
Fifty-third bidders or other interested parties believe that the bidding activities are not in conformity with the relevant provisions of the "People's Republic of China (PRC) Bidding Law" and these Measures, and have the right to complain to the relevant administrative departments or raise objections to the tenderee. The relevant administrative department or the tenderer shall give a written reply to the complainant within 30 days from the date of acceptance, and keep the complainant confidential.
Chapter VII Legal Liability
Article 54. In violation of the provisions of these measures, a project that must be subject to tender according to law is not tendered, and the project that must be tendered is broken up into parts or evaded by other means. According to the provisions of Article 49 of the Bidding Law of People's Republic of China (PRC), it shall be ordered to make corrections within a time limit and may be fined more than 5‰/kloc-0 ‰ For all or part of the use of state-owned funds for the project, you can suspend the implementation of the project or suspend the disbursement of funds; The person in charge directly responsible for the unit and other directly responsible personnel shall be investigated for responsibility according to law.
Article 55 If the bidding scheme of a project that violates these measures and must be subject to bidding according to law should be approved by the project examination and approval department but not approved, or the bidding scheme has not been approved by the project examination and approval department, the relevant administrative department shall order it to make corrections within a time limit and punish it according to law.
Article 56 In violation of the provisions of these measures, if a tenderer or a procuratorial agency entrusted by him should publish a tender announcement but fails to publish it, or fails to publish a tender announcement in the designated media, he shall be ordered to make corrections according to the Regulations of Shanxi Province on Tendering and Bidding for Construction Projects, and may be fined from 6,543,800 yuan to 50,000 yuan.
Article 57 If a tendering agency violates the provisions of these Measures by disclosing information and materials related to tendering and bidding activities that should be kept confidential, or colludes with tenderers and bidders to harm the national interests, social public interests or the legitimate rights and interests of others, it shall be fined from 50,000 yuan to 250,000 yuan in accordance with the provisions of Article 50 of the Bidding Law of People's Republic of China (PRC), and the directly responsible person in charge and other directly responsible personnel of the unit shall be fined below 5%. Illegal income, confiscate the illegal income; If the circumstances are serious, suspend or even cancel the qualification of bidding agent; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.
Article 58 Where a tenderer restricts or excludes potential bidders with unreasonable conditions, discriminates against potential bidders, forces bidders to form a consortium with bidders or restricts competition among bidders, it shall be ordered to make corrections in accordance with Article 51 of the Bidding Law of People's Republic of China (PRC), and may be fined between 654.38 million yuan and 50,000 yuan.
Article 59 If a tenderer of a project that must be subject to tender according to law violates the provisions of these Measures and opens the pre-tender price, the relevant administrative department shall give a warning in accordance with the provisions of Article 52 of the Bidding Law of People's Republic of China (PRC), and may impose a fine of 654.38 million yuan to 654.38 million yuan. The person in charge directly responsible for the unit and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the acts listed in the preceding paragraph affect the result of winning the bid, the bid will be invalid.
Article 60 A member of the bid evaluation committee shall be given a warning if he/she leaves his/her post without permission in the bid evaluation process, which affects the normal progress of the bid evaluation procedure, or fails to perform his/her duties objectively and fairly in the bid evaluation process; If the circumstances are serious, he shall be disqualified as a member of the bid evaluation committee, and shall not participate in the bid evaluation of any project subject to tender according to law, and shall be fined 6,543,800 yuan+0,000 yuan.
Sixty-first members of the bid evaluation committee accept property or other benefits from bidders or other interested parties, or disclose them to others by members of the bid evaluation committee or staff related to bid evaluation activities.