Regulations of Yunnan Province on Tendering and Bidding

Regulations of Yunnan Province on Tendering and Bidding

(Adopted at the 30th Meeting of the Standing Committee of the Eleventh People's Congress of Yunnan Province on March 31, 2012)

Directory

Chapter I General Provisions

Chapter II Scope and Scale Standards of Bidding

Chapter III Tendering and Bidding

Chapter IV Bid Opening, Bid Evaluation and Winning

Chapter V Bid Evaluation Expert Database and Bid Evaluation Experts

Chapter VI Administration and Supervision

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 In order to regulate bidding and tendering activities, protect national interests, social public interests and the legitimate rights and interests of the parties involved in bidding and tendering activities, improve economic benefits, ensure project quality, and prevent corruption, in accordance with the "the People's Republic of China Bidding and Bidding Law", "The Implementation Regulations of the the People's Republic of China Bidding Law" and other relevant laws and regulations, combined with the actual situation of the province, formulate these regulations.

Article 2 These Regulations shall apply to the bidding activities and the supervision and administration thereof within the administrative region of this Province.

Article 3 Tendering and bidding activities shall follow the principles of openness, fairness, impartiality and good faith. Tenderers and bidders shall invite bids and bids in accordance with the law, the bid evaluation committee shall independently evaluate the bids, and the administrative department shall supervise them in accordance with the law. Article 4 The people's governments at or above the county level shall, in accordance with the needs of the bidding and bidding work, establish a bidding and bidding work coordination mechanism to guide and coordinate major issues in the bidding and bidding work. The development and reform departments of the people's governments at or above the county level shall be responsible for the guidance, coordination and comprehensive supervision of the bidding activities within their respective administrative areas. The relevant administrative departments of industry and information technology, housing and urban-rural construction, transportation, water conservancy, commerce and other relevant administrative departments of the people's governments at or above the county level (hereinafter referred to as the relevant administrative departments) shall do a good job in the relevant supervision and management according to their respective duties.

Article 5 No unit or individual may illegally set restrictive conditions to hinder or exclude potential bidders from other regions and industries from participating in bidding activities in their own regions and industries. No unit or individual may illegally interfere in bidding and tendering activities, and may not illegally infringe upon the autonomy of tenderers and bidders in bidding and tendering activities.

Chapter II Scope and Scale Standards of Bidding

Article 6 The following construction projects, including the survey, design, construction, supervision of the project and the procurement of important equipment and materials related to the construction of the project, shall be subject to tender if they meet one of the scale standards set by the state and the province:

(I) infrastructure projects and public utility projects related to social public interests and public safety;

(II) projects that use, in whole or in part, fiscal funds or special government construction funds under fiscal management;

(III) government-financed projects;

(IV) projects in which state-owned funds hold a controlling or dominant position;

(V) projects using loans or aid funds from international organizations or foreign governments;

Other projects that shall be subject to tender in (VI) with the provisions of laws, regulations and rules. The specific scope of infrastructure projects and public utility projects related to social public interests and public safety shall be implemented in accordance with the relevant provisions of the state.

Article 7 The scale standards for construction projects that should be tendered as stipulated in Article 6 of these Regulations shall be subject to the provisions of the state; if the state does not stipulate or the state has regulations but needs to make detailed regulations based on the actual conditions of the province, the provincial development and reform The department, in conjunction with the relevant administrative departments, shall formulate it and report to the provincial people's government for approval before implementation.

Article 8 If one of the following circumstances is not suitable for bidding, bidding may not be required:

(I) involving national security, state secrets or emergency rescue and disaster relief;

(II) the use of poverty relief funds to implement work relief;

The (III) requires the use of irreplaceable patents or special technologies;

(IV) a project built by the construction enterprise for its own use, and the qualification level of the construction enterprise meets the engineering requirements;

If the additional contract amount of the (V) construction in progress does not exceed 10% of the original contract amount and does not exceed 2 million yuan, the original winning bidder still has the ability to contract;

(VI) private enterprises all use their own funds for construction projects, but laws, regulations, rules should be subject to tender;

(VII) the concession project investors selected through bidding are able to construct, produce or provide services on their own according to law;

The (VIII) needs to purchase works, goods or services from the original winning bidder, otherwise it will affect the construction or functional supporting requirements;

(IX) other special circumstances stipulated by the state.

The projects listed in the preceding paragraph shall be subject to the approval of the project examination and approval department; other projects shall be approved by the tenderer for approval by the relevant administrative department; local key projects determined by the provincial people's government shall be approved by the provincial people's government.

Chapter III Tendering and Bidding

Article 9 For projects that shall be subject to tender in accordance with the provisions of these Regulations, the project legal person shall submit written materials including the scope of tender, the method of tender, and the form of tender organization to the project approval and approval department for approval and approval.

The tenderer shall organize the bidding in accordance with the approved and approved bidding content. If it is really necessary to change the approved and approved bidding content, it shall go through the approval and approval procedures again before the announcement of the bidding.

Article 10 A project in which State-owned funds are in a controlling or dominant position, which must be subject to tender according to law, shall be subject to public tender; however, under any of the following circumstances, tender may be invited:

(I) involving national security, state secrets, proprietary technical secrets or emergency rescue and disaster relief, which are suitable for bidding but not suitable for public bidding;

(II) technical complexity, special requirements or limited by the natural environment, only a small number of potential bidders to choose from;

(III) the cost of using public bidding accounts for an excessive proportion of the contract amount of the project.

Under the circumstances listed in the preceding paragraph, projects subject to tender in accordance with the law that need to go through the formalities of project examination and approval in accordance with the relevant provisions of the State shall be approved by the project examination and approval department, and the tenderer shall apply for approval by the relevant department for other projects. Invitation of bids for local key projects determined by the provincial people's government shall be approved by the provincial people's government. Invitation for tender for local key projects determined by the state (city) people's government shall be approved by the state (city) people's government.

If the tenderer adopts the method of invitation to tender, there shall be more than three specific legal persons or other organizations that have the ability to undertake the tender project and have the corresponding qualifications to participate in the tender.

Article 11 For projects that should be subject to public bidding in accordance with the law, the tenderee shall, in accordance with the regulations, publish a bidding announcement or a pre-qualification announcement on the media designated by the relevant state departments and the provincial development and reform department in accordance with the law. Where the same project bidding announcement or prequalification announcement is published in different media, the contents of the announcement shall be consistent. The designated media shall not charge fees for the publication of pre-qualification announcements and tender announcements for projects subject to tender in accordance with the law.

Article 12 It is prohibited to conduct qualification examination by drawing lots, lottery, etc.

Article 13 For a project subject to tender in accordance with the law, a tenderer who handles the tender matters on his own shall meet the following conditions:

The (I) has the legal person status or legal person status of the project;

(II) professional technical personnel in engineering technology, cost, finance and project management that are suitable for the scale and complexity of the bidding project;

The (III) has a special bidding agency or has more than 3 personnel who have obtained professional qualifications for bidding;

(IV) have personnel who are familiar with and master the relevant laws, regulations and rules of bidding activities.

If a tenderer invites tenders on his own, he shall submit the relevant written materials in accordance with the provisions of the preceding paragraph when applying for examination and approval, approving the scope of tendering, the method of tendering and the form of organization of tendering. If the tenderer has been punished in the bidding activities in the last three years, he shall not handle the bidding matters by himself, and shall implement the entrusted bidding.

Article 14 Where a tenderer entrusts a tender, he shall entrust a tender agency with statutory qualifications and sign a written entrustment agreement with him to clarify the rights and obligations of both parties.

The bidding agency shall be determined by the tenderer, and no unit or individual may designate a bidding agency for the tenderer in any way.

Article 15 A tenderer shall not put forward requirements to the bidding agency that do not conform to the provisions of the laws and regulations on bidding, and shall not collude with the bidding agency to harm the interests of the State, the public interest and the legitimate rights and interests of others.

The bidding agency shall handle the bidding matters in accordance with the law within the scope entrusted by the tenderer, assume corresponding responsibilities, and shall not transfer the bidding agency business, and shall not accept the bidding agency or bidding consulting business of the same bidding agency project.

Bidding agencies shall provide services for bidding activities in accordance with the principle of voluntariness and equality, charge fees in accordance with the relevant provisions of the state and the province, and shall not force bidders to accept services, and shall not increase charging items or raise charging standards without authorization.

Article 16 The tenderer shall not put forward to the potential bidders the qualification level requirements that are inconsistent with the actual requirements of the project subject to tender or are too high.

Except for government investment projects constructed by BT, BOT, BOOT, BOO, etc., other projects shall not use capital or advance capital to contract construction projects as bidding and bidding conditions.

Article 17 Where a bidder is required to pay a bid bond or provide other forms of security, it shall be stated in the tender documents.

The bid bond shall generally not exceed 2% of the estimated bid value, and the maximum shall not exceed 800000 yuan. Among them, the maximum bid bond for survey and design shall not exceed 100000 yuan.

Article 18 For projects subject to tender in accordance with the law, the time for the application of bidders as stipulated in the tender announcement shall not be less than 5 days from the date of publication of the tender announcement; the time for the sale of tender documents shall not be less than 5 days.

Article 19 A tenderer may decide on its own whether or not to prepare a base bid. The implementation of non-bid tender can be used as the maximum price of the block price. If bidding with a base price is adopted, only one base price can be prepared for one project. The base price and the preparation process of the base price shall be kept confidential, and no one shall divulge the secret before the bid opening. No unit or individual may force the tenderer to prepare or submit for examination the base bid, or interfere with the determination of the base bid.

The social intermediary organizations entrusted with the preparation of the base price shall not participate in the bidding of the same project, nor shall they accept the entrustment of the bidders of the same project to prepare the bidding documents or provide consulting services.

Article 20 All qualified units of engineering survey, design, construction, decoration, equipment and material supply and supervision may apply to participate in the bidding of construction projects commensurate with their qualification level and business scope.

Article 21 A tenderer or a bidding agency shall not commit any of the following acts:

(I) to restrict or exclude potential bidders or bidders with unreasonable conditions;

The (II) opens the bid documents before the bid opening and informs other bidders of the contents of the bid documents, or assists the bidders to replace or modify the bid documents after the bid opening;

The (III) directly or indirectly divulges confidential information such as the bottom bid and the list of members of the bid evaluation committee to the bidder;

The (IV) and the bidder agree to lower or raise the bid price when bidding, and then give the bidder or the tenderer additional compensation after winning the bid;

(V) the winning bidder is determined in advance;

The (VI) expressly or implicitly lowers or raises the bid price, or inspires other contents of the bid documents;

(VII) organize, instruct or imply that other bidders create conditions or provide convenience for a specific bidder to win the bid;

(VIII) instigating or intentionally leading the bid evaluation committee to treat bidders differently.

Article 22 Bidders shall not have the following acts of collusion in bidding:

(I) mutually agree to raise or lower the bid price;

Where the (II) mutually agree to quote prices at high, medium and low prices respectively in the bidding project;

Joint action is taken (III) the bidders to agree on the successful bidder in advance;

(IV) the first-ranked winning candidate gives up the winning bid without justifiable reasons and the price is quite different from that of the second-ranked winning candidate;

(V) other acts of colluding in bidding and quoting.

Article 23 A bidder shall not commit any of the following fraudulent acts:

(I) use forged, altered or invalid qualification certificates or seals to participate in bidding;

(II) falsifying or misreporting performance;

(III) forges the resumes and labor relations certificates of the project leader or major technical personnel, or fails to equip the project leader or major technical personnel as promised without justifiable reasons after winning the bid;

(IV) falsify or make false financial statements;

(V) submitting false credit status information;

(VI) concealing the information required in the Bidding Documents, or providing other false or misleading information;

(VII) other fraudulent acts.

Article 24 A bidder shall not bid in the name of another person as follows:

(I) bid for qualifications or qualification certificates obtained from other units by means of transfer or lease;

(II) other units or persons in charge of other units affix their seals or sign on the bidding documents prepared by themselves;

The person in charge of the (III) project or the main technical personnel is not the personnel of the unit;

(IV) the bid security is not transferred from the bidder's basic account;

(V) other acts of bidding in the name of others.

If the bidder fails to provide the labor contract, social insurance and other labor relationship certification materials of the project leader and main technical personnel, it shall be deemed as the situation specified in Item 3 of the preceding paragraph.

Chapter IV Bid Opening, Bid Evaluation and Winning

Article 25 The bid opening shall be presided over by the bid inviter or the bidding agency entrusted by the bid inviter.

Bidders or their entrusted agents shall attend the bid opening meeting, and those who fail to attend the bid opening meeting shall be deemed to have approved the results of the on-site bid singing and shall bear the corresponding legal consequences.

Article 26 The record of bid opening shall truthfully state the following:

(I) the name, scale and other basic information of the bidding project;

(II) time and place of bid opening;

(III) units and personnel participating in bid opening;

the name of the (IV) Bidder and its bid price;

(V) other contents that should be recorded.

The bid opening record shall be signed and confirmed by the representative of the tenderee, the representative of the bidder, the recorder and relevant supervisors, and shall be filed for future reference.

Article 27 The tenderer shall select bid evaluation experts and form a bid evaluation committee within 24 hours before bid evaluation, and shall not inform the members of the bid evaluation committee of the content of bid evaluation before bid evaluation.

The bid evaluation representative of the tenderee shall not exceed the 1/3 of all members of the bid evaluation committee, and other members shall be randomly determined from the bid evaluation expert database. The list of members of the bid evaluation committee shall be kept confidential until the results of the bid are determined.

Article 28 A person under any of the following circumstances shall not be a member of the bid evaluation committee:

(I) the staff of the competent department or administrative department of the project.

(II) personnel who have been subject to administrative penalties for illegal acts in bidding, bid evaluation and other activities related to bidding and tendering for less than three years. If a member of the bid evaluation committee has one of the following circumstances, he shall take the initiative to withdraw from the bid inviter.

(I) close relatives of the Bidder or the Bidder's principal responsible person;

(II) persons who have other interests with the Bidder. If the tenderer finds that the members of the bid evaluation committee have the circumstances specified in the preceding two paragraphs, they shall be replaced.

Article 29 The bid evaluation committee shall, in accordance with the bid evaluation methods and standards determined in the tender documents, evaluate and compare the bid documents on the principles of fairness, impartiality, science and merit. The bid evaluation criteria and methods not specified in the bidding documents shall not be used as the basis for bid evaluation. Encourage the implementation of the comprehensive evaluation method and the evaluation of the lowest bid price method. The members of the bid evaluation committee and the staff related to the bid evaluation activities shall not disclose any information about the bid evaluation activities. The bid evaluation committee shall evaluate the bid independently, and no unit or individual may illegally interfere or influence the bid evaluation activities.

Article 30 In the process of bid evaluation, if the bid evaluation committee finds any of the following circumstances, it shall be treated as a rejected bid:

(I) the tender documents do not respond to the substantive requirements and conditions set forth in the tender documents;

The (II) obviously does not meet the technical standards specified in the bidding documents;

(III) the bidder does not meet the qualification conditions stipulated by the state or the bidding documents;

(IV) bid-collusion and bribery to win the bid;

(V) bidding in the name of others, providing false certificates, fabricating false performance, etc;

The (VI) bid price is lower than the cost or higher than the maximum bid price set in the bidding documents;

The (VII) refuses to clarify, explain or correct the bid documents as required;

Other circumstances in (VIII) with the provisions of the bidding documents. If the bid is accompanied by conditions unacceptable to the tenderer, the bid evaluation committee may reject the bid.

Article 31 Under any of the following circumstances, the bid evaluation committee may reject all bidders:

The number of qualified bidders identified by the (I) bid evaluation committee is less than 3;

(II) all bidders fail to respond to the substantive requirements and conditions set forth in the bidding documents.

Article 32 If the bid for a project subject to tender according to law is rejected, the tenderer shall conduct the tender again. If there are still less than 3 bidders after re-bidding, or if all bidders fail to respond to the substantive requirements and conditions put forward in the bidding documents, the bidding may not be conducted after being submitted to the original examination and approval department for examination and approval.

Article 33 The bid evaluation committee shall submit a written bid evaluation report after completing the bid evaluation. The bid evaluation report shall include the bidding situation, the description of the treatment of rejected bids and the rejection vote, the qualified bidding situation, the evaluation method and standard, the evaluation quotation or the comparison of scores, the recommend winning candidates, the ranking order and the reasons for their recommend, and other situations that need to be clarified or explained. The bid evaluation report shall be signed by all members of the bid evaluation committee. If the members of the bid evaluation committee have any objection to the bid evaluation report, they shall state their different opinions and reasons in writing. If they refuse to sign and do not state their different opinions and reasons, they shall be deemed to agree with the bid evaluation results, and the bid evaluation committee shall make a written explanation and file it.

Article 34 For a project subject to tender according to law, the tenderer shall, within 3 days from the date of receiving the bid evaluation report from the bid evaluation committee, determine the winning bidder from among the successful candidates recommend by the bid evaluation committee, and the tenderer may also authorize the bid evaluation committee to directly determine the winning bidder. No more than 3 successful candidates shall be recommend by the bid evaluation committee, and the ranking shall be indicated. If the top candidate for winning the bid abandons the bid due to force majeure or other justifiable reasons, or fails to submit the performance bond in accordance with the provisions of the tender documents, or if the bid is confirmed to be invalid according to law, the tenderer may determine the next candidate for winning the bid as the winning bidder. After the winning bidder is determined, the tenderer shall publicize the winning results on the media that publishes the tender announcement, and the publicity period shall not be less than 3 days. If there is no objection at the expiration of the publicity period, or the complaint or objection is not established, the tenderee shall issue a notice of winning the bid to the winning bidder within 3 days and notify other unsuccessful bidders. If the tenderer or the relevant administrative department needs to review the objections or complaints, it shall be reviewed by the original bid evaluation committee; if the bid needs to be re-evaluated after the review, the bid evaluation committee shall be reorganized in accordance with the provisions of Article 27 of these regulations.

Article 35 The tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract in accordance with the terms of the tender documents and the bid documents of the winning bidder. The tenderer and the bidder may not enter into any other agreement that deviates from the substance of the contract. The tenderer shall strictly perform the obligation to allocate funds in accordance with the contract.

Article 36 The tenderer shall, within 5 days after the issuance of the notice of winning the bid, return the bid bond and the interest on bank deposits for the same period to the unsuccessful bidder in one lump sum, and return the bid bond and the interest on bank deposits for the same period to the winning bidder in one lump sum within 5 days after signing the contract with the winning bidder. If the winning bidder refuses to sign the contract after the bid-winning notice is issued, the bid bond shall not be refunded.

Article 37 A tenderer shall, within 15 days from the date of determining the winning bidder, submit a written report and electronic documents on the situation of tendering and bidding to the relevant administrative department in charge. Written reports and electronic documents should contain the following main elements:

Form containing the main contents of the bidding documents and the bid documents of the winning bidder uniformly prepared by the (I);

Basic information on (II) bidding methods and organizational forms;

Qualification review of (III) bidders;

(IV) the composition of the bid evaluation committee;

(V) bid evaluation report;

(VI) the winning results.

Article 38 The winning bidder shall fulfill his obligations and complete the winning project in accordance with the contract. The winning bidder shall not transfer the winning project to others, nor shall he transfer the winning project to others after dismemberment.

The winning bidder may, in accordance with the contract or with the consent of the tenderer, subcontract part of the non-subject and non-critical work of the winning project to others for completion. The person who accepts the subcontract shall have the corresponding qualifications and shall not subcontract again. The winning bidder shall be responsible to the tenderer for the subcontracted project, and the person who accepts the subcontract shall be jointly and severally liable for the subcontracted project. The tenderer shall not appoint a subcontractor, and shall not agree that the winning bidder will subcontract the main and key work to others.

When the tenderer or supervisory personnel find that the winning bidder subcontracts or subcontracts illegally, they shall require him to make corrections immediately; if he refuses to make corrections, the tenderer shall terminate the contract and report to the relevant administrative department for investigation and punishment.

Article 39 If the contract for an engineering construction project has not been fulfilled for some reason, and the unfulfilled part reaches the standard of the scale of bidding, the bidding shall be renewed.

Chapter V Bid Evaluation Expert Database and Bid Evaluation Experts

Article 40 The Provincial People's Government shall establish a unified comprehensive bid evaluation expert database across industries and regions, and set up sub-databases according to industries and regions. The specific establishment plan and management measures shall be formulated by the provincial development and reform department in conjunction with the relevant administrative departments, and shall be implemented after being approved by the provincial people's government. The unified comprehensive bid evaluation expert database of the whole province shall set up a network terminal for selecting bid evaluation experts in the bidding trading places determined by the relevant administrative departments at or above the county level or the people's government at or above the county level. The bid evaluation experts shall be determined from the comprehensive bid evaluation expert database provided by the relevant ministries and commissions of the state or the province. For general bidding projects, random sampling shall be adopted. For bidding projects with particularly complex technology, strong professional requirements or special requirements of the state, if the experts determined by random methods are not competent, they can be directly determined by the tenderee. Among them, the bid evaluation experts of state-owned capital investment or state-financed projects need to be directly determined, It shall be approved by the relevant administrative department. Special bidding projects for which experts in the expert database cannot meet the requirements may be directly determined by the tenderee after examination and approval by the project examination and approval department.

Article 41 A bid evaluation expert shall meet the following conditions:

(I) have been engaged in relevant professional field for 8 years and have senior professional title or equivalent professional level;

(II) be familiar with the laws and regulations on tendering and bidding;

(III) can perform their duties conscientiously, fairly, honestly, and incorruptly;

(IV) physical condition can undertake the bid evaluation work.

Article 42 In the bid evaluation activities, the bid evaluation experts shall independently evaluate the bid documents in accordance with the law, and the evaluation opinions shall not be interfered by any unit or individual. Bid evaluation experts participating in bid evaluation activities may obtain remuneration for labor services in accordance with the law. The bid evaluation experts shall perform the following obligations:

(I) objective and fair bid evaluation;

(II) keep the bid evaluation project confidential;

The (III) shall not have private contact with the bidder and its interested parties before the bid winning result is determined;

The (IV) shall not accept property or other benefits from the tenderer, the bidder and its interested parties;

The (V) shall bear the corresponding legal responsibility for the evaluation opinions put forward by me;

(VI) apply for withdrawal according to law;

The (VII) shall assist and cooperate with the competent administrative departments in their supervision and inspection activities.

Chapter VI Administration and Supervision

Article 43 The relevant competent administrative departments shall strengthen the administration and supervision of bidding activities. The project examination and approval departments shall supervise the illegal acts of bidding that evade bidding and violate the contents of examination and approval, and accept relevant complaints and reports; the relevant administrative departments shall, in accordance with the division of responsibilities, supervise other illegal acts such as disclosure of base price, collusion in bidding and bidding, illegal determination of winning bidders, illegal subcontracting or illegal subcontracting in bidding activities, and accept relevant complaints and reports.

Article 44 If a bidder believes that the bidding activities do not conform to the provisions of laws and regulations, he shall have the right to raise objections to the tenderer during the publicity period of the bid-winning results, and may complain or report to the relevant administrative department in accordance with the law. The relevant competent administrative department shall make a decision on whether to accept the complaint or report within 3 days after receiving it. If the decision is accepted, the investigation, verification and handling shall be carried out in a timely manner, and a written handling decision shall be made within 30 working days from the date of acceptance of the complaint, and the result shall be notified to the complainant in a timely manner; if the complaint is not accepted, the reasons shall be explained in writing. Where inspection, testing, identification and expert review are required, the time required shall not be counted.

Article 45 The supervisory organ shall supervise the objects of administrative supervision related to bidding and bidding activities in accordance with the law. The financial department shall, in accordance with the law, supervise the budget implementation of government procurement construction projects subject to bidding and bidding and the implementation of government procurement policies. The administrative department for industry and commerce shall, together with the relevant competent administrative departments, do a good job in the relevant administrative punishment work. Audit institutions shall exercise audit supervision over tender and bid activities in accordance with the law. The supervisory and relevant administrative departments shall make public the manner, scope and conditions of complaints and reports.

Article 46 If the relevant administrative departments find any violation of the laws and regulations on bidding and bidding in the process of supervision, they shall deal with it in accordance with the law and notify the project review department in a timely manner, and the project review department shall suspend the implementation of the project or suspend the allocation of funds in accordance with the law.

Article 47 The provincial people's government shall establish a unified bidding and bidding credit system and publicity system for the whole province. The relevant administrative departments at the provincial level shall establish their own announcement platforms for the records of illegal acts in bidding and tendering, and shall be responsible for the daily maintenance of the announcement platforms. The provincial development and reform department shall, in conjunction with other relevant administrative departments, formulate comprehensive policies and relevant regulations on the management of the announcement platform.

Article 48 The relevant administrative departments shall have the right to obtain, consult and copy the relevant documents and investigate and verify the relevant situation in accordance with the law, and the relevant units and individuals shall cooperate. When consulting, copying and verifying relevant documents and investigating and verifying relevant situations, the relevant administrative departments shall keep commercial secrets for the supervised persons.

Chapter VII Legal Liability

Article 49: If a tenderer commits any of the following acts, the development and reform department of the people's government at or above the county level shall order the tenderer to conduct a new tender, and may impose a fine of 5 ‰ to 10 ‰ of the project contract amount; the person in charge directly responsible for the unit Personnel and other directly responsible personnel shall be punished according to law; for projects that use state-owned funds in whole or in part, project execution or fund allocation may be suspended:

Where the (I) shall invite tenders but not tenders;

The (II) does not have the conditions for self-bidding and invites bids on its own;

(III) conduct qualification examination by lottery, lottery, etc;

The (IV) does not publish the tender announcement on the designated media;

(V) bidding announcement or prequalification announcement issued on different media for the same bidding project, or the contents of the bidding invitation issued to different potential bidders are inconsistent;

The (VI) fails to submit the bidding scope, bidding method and bidding organization form for examination and approval;

(VII) change the scope of bidding, the bidding method, and the bidding organization form that have been approved or approved without going through the approval or approval procedures again;

The (VIII) shall invite tenders without approval for a project that is subject to public tender.

Article 50 If a tenderer, bidding agency or social intermediary organization commits any of the following acts, the relevant administrative department shall order it to make corrections, give a warning, and may impose a fine of 10000 yuan to 100000 yuan:

The (I) period is less than 5 days from the date of sale of the tender documents to the date of cessation of sale;

(II) seek economic benefits by issuing bidding documents or seek illegitimate benefits under the guise of bidding;

The formation of the (III) bid evaluation committee or pre-qualification committee does not meet the statutory conditions;

(IV) illegally interferes with the bid evaluation by the bid evaluation committee;

The (V) does not record the bid opening process;

The (VI) fails to publicize the bid-winning results in accordance with the provisions;

The (VII) fails to collect or refund the bid bond and interest in accordance with the provisions;

The (VIII) fails to submit the bidding report and electronic documents within the specified time;

(IX) without qualification, beyond the scope of agency, transfer bidding business, or accept the same bidding agency project bidding consulting business;

(X) forcing bidders to accept services, increasing charging items and raising charging standards without authorization;

(11) Violating the provisions of Paragraph 3 of Article 19 and Article 21 of these Regulations.

Article 51 If a bidder violates the provisions of Article 22 of these regulations, the bid-winning result shall be invalid, and the relevant administrative department at or above the county level shall impose a fine of 5 ‰ to 10 ‰ of the bid-winning amount; if it causes losses to the tenderer, it shall be liable for compensation according to law; if a crime is constituted, criminal responsibility shall be investigated according to law. If a bidder commits any of the following acts, the relevant administrative department shall cancel its bidding qualification for a project that must be tendered according to law within one to two years:

(I) use bribery to win the bid;

(II) 2 or more times of collusive bidding within 3 years;

(III) acts of colluding in bidding harm the legitimate interests of the tenderee, other bidders or the state, collectives or citizens, resulting in direct economic losses of more than 300000 yuan;

(IV) other serious acts of collusive bidding. If a bidder commits one of the illegal acts listed in the preceding paragraph within three years from the date of expiration of the period of execution of the punishment stipulated in the second paragraph of this article, or if the circumstances of collusion in bidding or bribery to win the bid are particularly serious, the administrative department for industry and commerce shall revoke its business license.

Article 52 If a bidder violates the provisions of Articles 23 and 24 of these regulations, the bid winning result shall be invalid, and the relevant administrative department at or above the county level shall impose a fine of 5 ‰ to 10 ‰ of the bid winning amount; If losses are caused to the tenderer, he shall be liable for compensation according to law; if a crime is constituted, he shall be investigated for criminal responsibility according to law. If a bidder commits any of the following acts, the relevant administrative department shall cancel its bidding qualification for a project that must be tendered according to law within one to three years:

(I) forgery or alteration of qualifications, qualification certificates or other licensing documents to win the bid;

(II) bid in the name of another person for more than 2 times within 3 years;

(III) fraud to win the bid and cause direct economic losses of more than 300000 yuan to the tenderee;

(IV) other serious acts of deception to win the bid. If a bidder commits one of the illegal acts listed in the preceding paragraph within 3 years from the date of expiration of the period of execution of the punishment stipulated in the second paragraph of this article, or if the circumstances of the bid winning by fraud are particularly serious, the administrative department for industry and commerce shall revoke the business license.

Article 53 If any person violates the provisions of Article 38 of these regulations, the transfer or subcontracting shall be invalid, and the relevant administrative department at or above the county level shall impose a fine of not less than 5 ‰ and not more than 10 ‰ of the amount of the transferred or subcontracted project; if there is any illegal income, the illegal income shall be confiscated; the business may be ordered to suspend business for rectification; if the circumstances are serious, the business license shall be revoked by the administrative authority for industry and commerce.

Article 54 If a member of the bid evaluation committee has any of the following circumstances, the relevant administrative department shall give a warning; if the circumstances are serious, the qualification as a member of the bid evaluation committee shall be canceled, and the bid evaluation of the bidding project shall not participate in the bid evaluation of the bidding project. If there is any illegal income, the illegal income shall be confiscated and a fine of 3000 yuan to 10000 yuan may be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law:

The (I) withdraws from the bid evaluation midway without justifiable reasons;

(II) should be evaded but not evaded;

The (III) fails to evaluate the bid in accordance with the bid evaluation criteria and methods specified in the bidding documents;

(IV) illegal or unfair acts in the process of bid evaluation. If the above-mentioned acts affect the results of bid evaluation, the bid evaluation shall be invalid, and the tenderer shall re-evaluate or re-invite bids in accordance with the law.

Article 55 If members of the bid evaluation committee accept property or other benefits from tenderers, bidders and their interested parties in violation of the provisions of these regulations, the relevant administrative departments shall confiscate the property and impose a fine of not less than 3000 yuan but not more than 50000 yuan, disqualify them as members of the bid evaluation committee, and shall not participate in the bid evaluation of projects that must be invited according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 56: State functionaries who take advantage of their positions to illegally interfere in bidding activities by any means, directly or indirectly, explicitly or implicitly, shall be given a demerit or major demerit in accordance with the law in any of the following circumstances; if the circumstances are serious, they shall be demoted or dismissed in accordance with the law; if the circumstances are particularly serious, they shall be expelled in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law:

(I) illegally decide not to invite tenders or invite tenders;

(II) not handle complaints and reports in accordance with the provisions;

(III) illegally interferes with the selection of the bidding agency, the formation of the bid evaluation committee or the determination of the winning bidder;

(IV) interferes with qualification examination and bid evaluation;

(V) force the tenderer to submit for examination the bottom bid price or the ceiling price;

(VI) illegal collection of fees;

(VII) other administrative violations.

Chapter VIII Supplementary Provisions

Article 57 Where laws and regulations provide otherwise for the bidding and tendering of government procurement of goods and services, such provisions shall prevail.

Article 58 These Regulations shall come into force as of May 1, 2012.