Bidding Law "
(August 3, 2004 Tenth People's Congress of Shaanxi Province
Adopted at the Twelfth Meeting of the Standing Committee)
catalogue
Chapter I General Principles
Chapter II Bidding Scope and Scale Standards
Chapter III Tendering and Bidding
Chapter IV Bid Opening, Bid Evaluation and Bid Winning
Chapter V Supervision
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 These Measures are formulated for the implementation of the Bidding Law of People's Republic of China (PRC) and in light of the actual situation of this province.
Article 2 These Measures shall apply to the bidding activities within the administrative area of this province.
Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality and good faith.
Article 4 No unit or individual may break up the projects that must be subject to bidding according to law or evade bidding in any other way.
No unit or individual may illegally restrict or exclude legal persons or other organizations outside the local area or system from bidding, and may not illegally interfere in bidding activities in any way.
Fifth provincial people's government development and reform administrative departments responsible for the guidance and coordination of bidding activities within their respective administrative areas, in conjunction with the relevant administrative supervision departments to develop supporting provisions for bidding.
The administrative department of development and reform of the people's government of a city or county (city or district) divided into districts shall be responsible for the guidance and coordination of bidding activities within their respective administrative areas.
The relevant administrative supervision departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities and management authority, supervise the bidding activities according to law and investigate and deal with illegal acts in bidding activities according to law.
Chapter II Bidding Scope and Scale Standards
Article 6 Where the following engineering construction projects are carried out within the administrative region of this province, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, which meet the scale standards stipulated in Articles 12, 13 and 14 of these Measures, bidding must be conducted:
(1) Infrastructure projects and public utilities related to social public interests and public safety;
(two) the use of state-owned capital investment or state financing projects;
(3) Projects using funds from international organizations or foreign governments.
In addition to the projects that must be subject to tender, other projects need to be subject to tender or voluntary tender, which can be implemented with reference to the relevant provisions of these measures.
Article 7 The scope of infrastructure projects related to public interests and public safety includes:
(1) Energy projects such as coal, oil, natural gas, electric power and new energy;
(two) railways, highways, pipelines, water transport, aviation and other transportation projects;
(3) Posts and telecommunications projects such as postal services, telecommunications hubs, communication and information networks;
(four) flood control, irrigation, drainage, water diversion (supply), beach management, soil and water conservation, water conservancy projects;
(five) urban facilities such as roads, bridges, subways and light rail transportation, sewage discharge and treatment, garbage disposal, underground pipelines, public parking lots, etc.;
(6) Ecological environment protection projects;
(seven) other infrastructure projects.
Article 8 The scope of public utility projects related to social public interests and public safety includes:
(a) municipal engineering projects such as water supply, power supply, gas supply and heating;
(two) science and technology, education, culture and other projects;
(three) sports, tourism and other projects;
(4) Health and social welfare projects;
(five) commercial housing, including affordable housing;
(6) Other public utility projects.
Article 9 The scope of investment projects using state-owned funds includes:
(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 of their own funds, and the state-owned assets investors actually have control over the project.
Article 10 The scope of state-funded projects includes:
(1) Projects financed by bonds issued by the state;
(two) the use of foreign loans or guarantees to raise funds for the project;
(three) the use of national policy loans;
(4) Projects authorized by the state to be invested by investors;
(5) Financing projects chartered by the state.
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 and the Asian Development Bank;
(2) Projects using loan funds from foreign governments and their institutions;
(3) Projects that use aid funds from international organizations or foreign governments.
Twelfth transportation, energy, water conservancy, information industry and other infrastructure projects bidding standards are:
(a) the estimated price of a single construction contract is more than two million yuan;
(two) the estimated price of a single contract for the procurement of goods such as equipment and materials is more than one million 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;
(4) The estimated price of a single contract is lower than the standards specified in items (1), (2) and (3) of this article, but the total investment of the project is more than10 million yuan.
Thirteenth housing construction and municipal infrastructure projects bidding standards are:
(a) the estimated price of a single construction contract is more than one million yuan;
(two) the estimated price of a single contract for the procurement of goods such as equipment and materials is more than 500,000 yuan;
(three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 300,000 yuan;
(four) the estimated price of a single contract is lower than the standards stipulated in items (1), (2) and (3) of this article, but the total investment of the project is more than five million yuan.
Fourteenth interior decoration engineering bidding standards are:
(a) the estimated price of a single contract for construction, equipment, materials, design and supervision is more than 300,000 yuan;
(two) the estimated price of a single contract is less than three hundred thousand yuan, but the total investment of the project is more than one million yuan.
Article 15 If it is necessary to adjust the scale standard of the project subject to tender due to changes in the economic construction of the country and the province, the provincial development and reform administrative department shall, jointly with the relevant administrative supervision departments, formulate a plan, submit it to the provincial people's government for approval and promulgation, and report it to the Standing Committee of the provincial people's Congress for the record.
Article 16 If a project subject to tender is under any of the following circumstances, it may not be subject to tender with the approval of the project examination and approval department:
(a) involving national security, state secrets and other confidentiality requirements is not suitable for bidding;
(two) the use of poverty alleviation funds to implement the work for the relief needs to use the peasant labor force;
(three) the survey and design of the construction project adopts specific patents or proprietary technologies, or its architectural artistic modeling has special requirements;
(four) the project built by the construction enterprise for its own use, and the qualification grade of the construction enterprise meets the engineering requirements;
(five) the original winning bidder still has the contracting ability of the affiliated small-scale project or the main storey-adding project of the project under construction;
(6) Emergency projects such as emergency rescue and disaster relief;
(seven) other circumstances stipulated by laws and regulations.
Chapter III Tendering and Bidding
Article 17 A tenderer is a legal person or other organization that submits a project subject to tender according to law.
Bidders are legal persons or other organizations that respond to bidding and participate in bidding competition.
If individuals are allowed to participate in the bidding of scientific research projects subject to tender according to law, the individuals who bid shall be regarded as bidders.
Article 18 A bidding agency is a social intermediary organization established according to law, engaged in bidding agency business, providing relevant services and independently bearing civil liabilities.
The tendering agency accepts the entrustment of the tenderer, signs an agency contract with the tenderer, and handles the tendering matters within the scope agreed in the contract.
A bidding agency shall not transfer its bidding agency business, nor shall it engage in bidding consulting services for the bidding projects it represents.
Article 19 A project subject to tender shall meet the following conditions:
(a) the need to perform the project examination and approval procedures, in accordance with the relevant provisions of the state and this province has been approved;
(two) there are corresponding funds or sources of funds have been implemented;
(3) Having corresponding design documents, technical data or relevant basic data;
(4) Other conditions required by laws and regulations.
Twentieth bidding methods are divided into open bidding and invitation bidding.
The following projects that must be tendered according to law shall be publicly tendered:
(a) national and provincial and municipal key construction projects;
(two) all use of state-owned capital investment or state-owned capital investment in the holding or leading position of the project;
(three) other projects that should be open to tender as stipulated by laws and regulations.
Other projects that must be subject to tender according to law may be invited to tender.
Twenty-first projects that should be invited for public bidding may be invited for bidding under any of the following circumstances:
(a) because of the technical complexity or special requirements of the project, only a few potential bidders can choose;
(2) Limited by natural resources or environment;
(three) involving national security, state secrets or disaster relief, which is suitable for bidding but not suitable for public bidding;
(four) the cost and time required for public bidding are not commensurate with the value of the project and do not meet the requirements of economic rationality;
(five) other laws and regulations are not suitable for public bidding.
Inviting tenders for key construction projects in the province shall be submitted to the provincial people's government for approval after being examined and approved by the project examination and approval department.
All inviting tenders for construction projects that use state-owned capital investment or state-owned capital investment and need to be approved shall be approved by the project examination and approval department, but if the project examination and approval department only approves projects, it shall be approved by the relevant administrative supervision department.
Twenty-second forms of bidding organization are divided into self-bidding and entrusted bidding.
Article 23 A tenderer who meets the following conditions may bid by himself:
(1) Having legal person qualification or project legal person qualification;
(2) Having professional and technical strength suitable for the scale and complexity of the project subject to tender;
(3) Having a specialized tendering agency or three or more full-time tendering professionals;
(four) familiar with the relevant laws, regulations and rules of bidding.
Where a tenderer bids by himself, it shall file with the relevant administrative supervision department. If a tenderer has the ability to bid on his own, no unit or individual may force him to entrust a bidding agency to handle the bidding matters.
Twenty-fourth projects that must be tendered according to law, if the tenderer does not have the ability to tender on its own, it shall entrust the tenderer.
The tenderer has the right to choose a bidding agency independently and entrust it to handle the bidding matters. No unit or individual may designate a tendering agency for the tenderee in any way.
Twenty-fifth the tenderer shall prepare the project bidding implementation plan, the main contents of the bidding implementation plan include:
(a) the specific bidding scope of survey, design, construction, supervision and equipment and materials procurement of construction projects;
(two) the bidding method and bidding organization form to be adopted in the survey, design, construction, supervision and equipment and materials procurement activities of construction projects;
(three) the composition of the members of the bid evaluation committee, the qualification examination of bidders and the bid evaluation method.
The bidding implementation plan shall be submitted to the project examination and approval department for examination and approval, and may be submitted separately or together with the feasibility study report and preliminary design.
Article 26 A tenderer shall prepare the tender documents according to the approved tender implementation plan and the characteristics of the project subject to tender.
The tender documents shall include the following contents:
(a) the basic situation of the project subject to tender, the source and implementation of funds, and the examination and approval of imported projects;
(2) Requirements for the qualifications of bidders;
(3) Technical data and specifications necessary for the preparation of the tender documents;
(4) Time limit and quality grade requirements for delivery, completion or provision of services;
(5) Requirements for bid quotation and its calculation method;
(6) Requirements for bid bond and performance bond;
(seven) the preparation requirements of the tender and its delivery method, place and deadline;
(8) Place and time of bid opening;
(nine) the basis and standard of bid evaluation, bid evaluation procedures, bid evaluation methods and calibration principles;
(ten) the validity of the bid;
(eleven) the way and amount of payment guarantee provided by the tenderer after winning the bid;
(twelve) the main terms of the contract to be signed;
(thirteen) other necessary matters.
Article 27 The tender documents shall comply with the provisions of laws, regulations and rules, and shall not indicate the contents that favor or exclude other bidders by indicating specific producers and suppliers or compiling substantive requirements and conditions based on specific producers and suppliers and their products or services. The bidding qualification conditions stipulated by the state shall not be lowered.
Article 28 If a project subject to tender according to law must be publicly tendered, the tenderer shall select at least one newspaper and information website from newspapers, periodicals or other media designated by the national development and reform administrative department or the provincial development and reform administrative department to publish a tender announcement at the same time.
For a project subject to tender, the tenderer shall issue invitations to bid to three or more legal persons or other organizations with good credit standing and the ability to undertake the project subject to tender.
Article 29 A tender announcement or invitation to bid shall at least include the following contents:
(a) the name and address of the bidder;
(two) the content, scale and source of funds of the project subject to tender;
(three) the place and time limit for the implementation of the project subject to tender;
(four) the place and time to obtain the tender documents or pre-qualification documents;
(5) Fees for bidding documents or prequalification documents;
(6) Requirements for the qualification grade of bidders.
When the matters contained in the tender announcement and the invitation to bid are changed, the tenderer shall issue a notice of change in the original media that issued the tender announcement or notify the invitee in writing.
Thirtieth projects that must be subject to tender according to law, the tenderer shall conduct qualification examination of potential bidders. For prequalification, the prequalification documents shall specify the conditions, standards and methods of prequalification. After the qualification examination, the tender documents shall specify the examination conditions, standards and methods.
If a tenderer prequalifies a potential bidder, it generally does not conduct post-qualification review.
The time limit for the issuance and sale of prequalification documents shall not be less than five working days.
Article 31 A tenderer shall notify all potential bidders who participate in the prequalification at the same time, and explain the reasons to potential bidders who fail the prequalification. Potential bidders who have not passed the prequalification shall not participate in the bidding.
The tenderer shall distribute and sell the tender documents to the potential bidders or invitees who have passed the pre-qualification according to the time and place specified in the tender announcement or invitation letter. The time limit for issuing and selling the tender documents shall not be less than five working days.
Thirty-second pre-qualification documents and bidding documents can be distributed or sold free of charge, and the fees charged shall not exceed the cost of compiling and printing documents.
Article 33 If a tenderer needs to clarify, modify or supplement the tender documents that have been issued, it shall notify all recipients of the tender documents in writing at least fifteen days before the deadline for submitting the tender documents. This clarification, modification or supplement is an integral part of the tender documents.
Article 34 If a tenderer cancels the tender, it shall notify all recipients of the tender documents in writing and refund their expenses for purchasing the tender documents; If the bid bond and bid documents have been submitted, they shall be returned. If the tenderer cancels the tender due to force majeure, it shall compensate the bidder for the direct economic losses.
If the tenderer requests to withdraw the bid documents, the bidder shall return them.
Thirty-fifth all use of state-owned capital investment or state-owned capital investment in the holding or leading position of the project, it should be adopted without a base price tender. Whether to set the pre-tender price for other bidding projects is decided by the tenderer.
If there is a pre-tender estimate for a project subject to tender, a comprehensive pre-tender estimate shall be adopted.
The pre-tender estimate preparation process and pre-tender estimate must be kept confidential. Before the bid opening, no unit or individual may examine the pre-tender estimate in any form.
Article 36 A tenderer shall determine a reasonable time for bidders to prepare their bid documents; The project subject to tender according to law shall not be less than 20 days from the date of issuing the tender documents to the date of submitting the tender documents.
Article 37 If a bidder has questions about the tender documents, it shall submit them to the tenderer 10 days before the deadline for bidding. The tenderer shall give all bidders a consistent reply in written form or in the form of bidding question-and-answer meeting seven days before the deadline for bidding. If a bidding question-and-answer meeting is held, minutes of the meeting shall be formed and sent to all bidders. The written reply and meeting minutes shall be taken as an integral part of the tender documents.
Article 38 A bidder shall prepare the bidding documents in accordance with the requirements of the bidding documents, and seal them and deliver them to the bidding place before the deadline for submitting the bidding documents. The tenderer shall sign for and keep the sealed bid documents, and shall not open them.
If the tender documents are not delivered at the specified time and place or are not sealed according to the requirements of the tender documents, the tenderer will not accept them.
Article 39 If there are less than three bidders for a project subject to tender, the tenderer shall re-tender, notify the bidders who submitted the tender documents at the same time, and return the tender documents intact.
Fortieth prohibit the following collusive bidding behavior:
(a) bidders bid each other up or down;
(two) mutual agreement between bidders, respectively, in the project subject to tender to use high, medium and low prices;
(three) internal bidding between bidders, the default winning bidder, and then participate in the bidding;
(four) the tenderer opens the tender documents before the bid opening, and informs other bidders of the bidding situation, or assists the bidders in replacing the tender documents and changing the quotation;
(five) the tenderer leaked the pre-tender estimate to the bidder;
(six) the tenderer and the bidder agreed to reduce or increase the bid price when bidding, and then give the bidder or the tenderer additional compensation after winning the bid;
(seven) the tenderer colludes with the bidder and breaches the bid winner in advance;
(eight) other collusive bidding behavior.
Article 41 Where a bidder is required to submit a bid bond in the tender documents, the bid bond shall not exceed 2% of the total bid price, and the maximum bid bond shall not exceed 800,000 yuan.
If the bidder withdraws his bid within the validity period of the bid, his bid bond will not be returned.
Chapter IV Bid Opening, Bid Evaluation and Bid Winning
Article 42 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 shall be conducted in public at the same time as the deadline for submission of bid documents according to the location determined in the bidding documents.
Article 43 The bid evaluation committee established by the tenderer according to law shall be responsible for bid evaluation. The bid evaluation committee shall be composed within 24 hours before bid evaluation, and its list shall be kept confidential until the bid winning result is determined.
The bid evaluation committee is composed of representatives of the tenderee and experts in relevant technical and economic fields, with an odd number of more than five members, of which experts in technical and economic fields 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 expert database provided by the relevant departments of the State Council or the relevant departments of the provincial people's government or the expert database of the bidding agency; For projects with particularly complex technology, high professional requirements or special requirements of the state, if the experts randomly selected are incompetent, they may be directly determined by the tenderer with the consent of the project examination and approval department.
All the projects that use state-owned capital investment or state-owned capital investment as the holding or leading position, the experts of the bid evaluation committee must be generated from the expert database of the relevant departments of the State Council or the relevant departments of the provincial people's government; For provincial and district key construction projects, the experts of the bid evaluation committee must be generated from the provincial key project expert database.
Forty-fourth the following persons shall not serve as members of the bid evaluation committee, and shall voluntarily withdraw:
(1) The bidder or the close relatives of the main person in charge of the bidder;
(two) the personnel of the competent department of the project or the administrative supervision department;
(three) interested in the bidder, which may affect the fair evaluation;
(four) the personnel who prepare the bidding documents for the bidders;
(5) Persons who have been subjected to administrative punishment or criminal punishment for illegal acts in bidding activities.
Forty-fifth members of the bid evaluation committee shall perform their duties objectively and fairly, abide by professional ethics, and take personal responsibility for the bid evaluation opinions put forward.
Members of the bid evaluation committee shall not have private contact with bidders, their bidding agencies or other people who have an interest in the bidding results, shall not accept property or other benefits from bidders, intermediaries or other interested parties, and shall not disclose the evaluation and comparison of bidding documents, the recommendation of successful candidates and other information related to bid evaluation.
Article 46 The bid evaluation committee shall systematically evaluate and compare the bid documents according to the bid evaluation standards, principles and methods determined in the bidding documents. Standards, principles and methods not specified in the tender documents shall not be used as the basis for bid evaluation.
Article 47 The bid evaluation committee may require bidders to make necessary clarifications, explanations or corrections on the contents in the bid documents that are ambiguous in meaning, inconsistent in the expression of similar issues, or have obvious errors in writing and calculation. The bid evaluation committee shall not put forward suggestive or guiding questions to the bidders, nor shall it explain the omissions and errors in the bidding documents to the bidders.
Forty-eighth tender documents in any of the following circumstances, after review by the bid evaluation committee as a waste:
(a) No official seal of the bidder, and no signature or seal of its legal representative or its entrusted agent;
(2) Failing to fill in the format specified in the tender documents or the key contents are illegible;
(three) the bid of the consortium is not accompanied by the bidding agreement of the parties to the consortium;
(four) failing to submit a bid bond in accordance with the requirements of the tender documents;
(5) The bidder fails to pass the post-qualification review;
(6) Bidding in the name of others;
(seven) the deadline for the completion of the project subject to tender exceeds the deadline stipulated in the tender documents;
(eight) put forward conditions that are unacceptable to the tenderer;
(9) Two or more tender documents have the same contents;
(ten) obviously does not meet the requirements of technical specifications and standards;
(eleven) other do not meet the substantive requirements of the tender documents, there are significant deviations.
Article 49 After the bid opening of a project subject to tender, if less than three bidders pass the evaluation by the bid evaluation committee, the tenderee shall re-invite bids, notify the bidders who have submitted the bid documents, and return the bid documents and bid bond.
Article 50 If there are less than three bidders after the bid opening, or if there are less than three bidders who have passed the evaluation by the bid evaluation committee, and the project subject to tender fails twice in a row, it is a project that must be subject to tender, and after the approval of the original examination and approval department, the bidding method can be changed or the bidding can no longer be conducted; For other projects, the tenderer may decide not to invite tenders at his own discretion.
Article 51 After the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer, recommend one to three successful candidates, and indicate the order.
The tenderer shall determine the winning bidder according to the ranking of the winning bidder recommended by the bid evaluation committee, or may authorize the bid evaluation committee to directly determine the winning bidder according to the ranking of the winning bidder.
The tenderer shall not determine the winning bidder other than the winning candidate recommended by the bid evaluation committee.
Article 52 A tenderer shall generally determine the winning bidder within 15 days after the written bid evaluation report is submitted by the bid evaluation committee, but the longest time shall not exceed 30 days.
Article 53 A tenderer shall not, against the will of the winning bidder, require the winning bidder to lower the bid price, increase the workload, shorten the construction period or put forward other requirements as a condition for issuing the bid-winning notice and signing the contract.
Article 54 After the winning bidder is determined, the tenderer shall issue a bid-winning notice to the winning bidder within seven days, and notify all bidders who have not won the bid.
The bid-winning notice has legal effect on the tenderer and the winning bidder. After the bid-winning notice is issued, if the tenderer changes the bid-winning result or the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law.
The tenderer has the right to issue the bid-winning notice independently according to law, and no department or unit may interfere.
Article 55 When using all or part of the technical achievements or technical solutions in the bidding documents of non-winning units, the tenderee shall obtain their written consent and pay the corresponding fees.
Article 56 A tenderer shall conclude a written contract with the winning bidder in accordance with the tender documents and bidding documents within 30 days from the date of issuance of the bid-winning notice.
When concluding a contract, the tenderer and the winning bidder shall not ask the other party for requirements other than the tender documents; Shall not sign other agreements that violate the bidding documents and the substantive contents of the bidding documents; Shall not modify the tender documents, bidding documents, quality, quotation and other substantive contents.
Article 57 Where a bid bond exists for a project subject to tender, the tenderer shall return the bid bond to the winning bidder and unsuccessful bidder within five days after signing the contract with the winning bidder.
Article 58 If the tender documents require the winning bidder to submit a performance bond or other forms of performance guarantee, the winning bidder shall submit it; Refuse to submit, as to give up the winning project. If the tenderer requires the winning bidder to provide performance bond or other forms of performance guarantee, the tenderer shall also provide payment guarantee to the winning bidder.
The tenderer shall not raise the performance bond without authorization, and shall not require the winning bidder to advance the construction funds of the winning project.
Article 59 The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others separately.
Chapter V Supervisors
The relevant administrative departments of the sixtieth provincial people's government shall, in accordance with the following provisions, supervise and inspect the bidding activities according to law:
(a) the administrative department of development and reform is responsible for supervising the bidding activities of national and provincial key construction projects and industrial projects;
(two) water conservancy, transportation, information industry and other administrative departments responsible for the supervision of the industry and industrial projects bidding activities;
(three) the construction administrative department is responsible for supervising the construction of various buildings and their ancillary facilities and the installation of supporting lines, pipelines and equipment, as well as the bidding activities of municipal engineering projects;
(four) the financial department is responsible for supervising the bidding activities of government procurement projects;
(five) other administrative departments shall be responsible for supervising the bidding activities of related projects according to their respective responsibilities.
The competent departments of railways, civil aviation, postal services and other industries are responsible for supervising the bidding activities of their own industries and industrial projects.
The supervision and inspection of bidding activities by the relevant administrative departments of the people's governments of cities and counties (cities, districts) divided into districts shall be decided by the people's governments at the corresponding levels.
Article 61 The administrative supervision department shall supervise the relevant administrative departments and their staff to perform their duties in tendering and bidding activities according to law, and investigate and deal with violations of discipline and law according to law.
Sixty-second project examination and approval departments, administrative supervision departments and their staff shall not add examination and approval conditions, items or links beyond the statutory requirements of bidding activities; Shall not interfere with or use the power of examination and approval to infringe upon the autonomy of the tenderee in selecting the tendering agency, compiling the bidding documents, organizing the bidding qualification examination, preparing the pre-tender estimate, determining the time and place of bid opening, organizing bid evaluation, determining the winning bidder and signing the contract.
Article 63 Bidders, tenderers and other interested parties who think that the bidding activities violate the provisions of laws, regulations and rules have the right to complain to the relevant administrative supervision departments according to law. After receiving a complaint, the administrative supervision department shall decide whether to accept it within five days in accordance with legal procedures. If it decides to accept it, it shall make a decision on handling it within thirty days.
Any unit or individual who believes that the bidding activities violate the provisions of laws, regulations and rules has the right to report to the relevant administrative supervision departments and administrative supervision departments according to law.
Sixty-fourth the relevant administrative supervision departments of the people's governments at or above the county level in the process of supervision of bidding activities, jurisdiction disputes, by the people's government at the same level development and reform administrative departments to coordinate and solve; If the coordination fails, it shall be decided by the people's government at the corresponding level.
Chapter VI Legal Liability
Article 65 The administrative punishment prescribed in these Measures shall be implemented by the relevant administrative supervision departments. Except for the provisions of these Measures on the implementation of administrative punishment departments.
Article 66 If a tenderer commits one of the following acts, the tender is invalid, and the project examination and approval department shall order it to make corrections, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan, and if it causes direct economic losses to the bidder, it shall be liable for compensation:
(a) do not have the tender conditions and tender;
(two) should be open tender and not open tender;
(three) the project that should be open to tender is invited to tender without approval;
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