People’s Republic of China Bidding Implementation Regulations

People's Republic of China Bidding Implementation Regulations
People's Republic of China State Council Order No. 613
"People's Republic of China Bidding Implementation Rules" has been November 30, 2011 Section 183 of the State Council executive meeting, is hereby promulgated and shall go into effect February 1, 2012.
Premier Wen Jiabao
○ Yi Er Yinian December 20
People's Republic of China Bidding Implementation Regulations
Chapter I General Provisions
Order to standardize the bidding activities, according to "People's Republic of China Bidding Law" (hereinafter referred to as Tendering), the enactment of this Ordinance.
Article Tendering of Article 3 of the construction project, refers to the engineering and construction-related goods and services.
The aforesaid project, refers to construction projects, including buildings and structures, new construction, renovation, expansion and associated renovation, demolition, repair, etc; the alleged goods and construction-related engineering refers constitute an integral part, and works for the realization of the basic functions necessary equipment and materials; and the alleged construction-related services, is defined as the completion of the required project survey, design, supervision, and other services.
Specific scope and size criteria Article legally subject to bidding for construction projects, the development and reform department of the State Council in conjunction with relevant departments to develop, after approval by the State Council promulgated.
Article IV of the State Council Development and Reform department to guide and coordinate the national bidding work, engineering major national construction projects bidding activities of supervision and inspection. State Department of Industry and Information Technology, Housing and Urban Construction, transportation, railway, water conservancy, business and other departments, according to the division of responsibilities under the supervision of the implementation of the relevant bidding activities.
Local people's governments above the county level development and reform department to guide and coordinate the work of the administrative bidding areas. Local people's governments above the county level division of responsibilities in accordance with the provisions of the bidding activities supervise, investigate and punish violations of the bidding activities. Local people's governments above the county level supervision department of its functions and duties related to the bidding activities of other provisions, such provisions shall prevail.
Finance department according to the law of the implementation of the budget and the implementation of government procurement policies to implement the government procurement bidding construction projects implementation supervision.
The supervisory authority in accordance with law and bidding activities related to monitoring the implementation of monitoring objects.
Municipal people's government above fifth districts according to actual needs, to establish a unified standard bidding market place to provide services to bidding activities. Bidding market place no relationship of subordination with the administrative supervision department, not for profit purposes.
The State encourages the use of information networks for the electronic bids.
Article prohibits national staff in any way unlawful interference with the bidding activity.
Chapter II tender
Article in accordance with relevant provisions of the State project examination and approval procedures for projects subject to bidding, the scope of the tender, the tender, the tender form of organization should be reported to the project examination and approval department for approval, approval. Project examination and approval department shall timely approval, approval to determine the scope of the tender, tender, tender forms of organization inform the relevant administrative supervision department.
Article VIII of the state-owned capital accounts for the holding or leading position must tender the project according to the law, it should be open tender; but one of the following circumstances, may be invited to tender:
(A) technical complexity, there are special requirements or restrictions by the natural environment, only a small number of potential bidders to choose from;
(B) the cost of public bidding projects accounted for the proportion of the contract amount is too large.
The second case listed in the preceding paragraph, the provisions of this part of the project Article 7 of these Regulations, by the project approval, approval authorities make a determination at the time of approval, the approval of projects; other projects by the tenderer to apply the relevant administrative supervision department make a determination.
Article IX Except in special circumstances may not be tendered in the Tendering to the provisions of Article 66, the following circumstances may not be tendered:
(A) requires the use of irreplaceable patent or proprietary technology;
(B) the person legally able to purchase their own construction, production or provide;
(C) have been selected by tender concession project investors can legally own construction, production or provide;
(Iv) requires the successful bidder purchasing original works, goods or services, otherwise it will affect the construction or the function of supporting the claim;
(E) other special circumstances by the state.
Tender man in the previous paragraph fraud, belonging to circumvent the provisions of Article IV Bidding tender.
Article X of the provisions of article 12.2 of the Bidding Law tenderer who has prepared tender documents and organizing bid evaluation, means that a tenderer has the size and complexity of the bidding project to adapt the technical, economic and other aspects of professionals .
Article XI qualification bidding agency in accordance with the laws and regulations of the State Council identified by the authorities.
Housing and urban construction, commerce, development and reform, industry and information technology departments of the State Council, according to the division of responsibilities under the supervision and administration of bidding agency law.
Article 12 A tenderer agency should have a certain number of vocational qualifications to obtain bidding professionals. Specific rules on tendering vocational qualifications by human resources and social security department of the State Council in conjunction with the development and reform department under the State Council.
Article 13 A procuratorial agency to carry out the bidding agency business within the scope of their licenses and qualifications of the tenderer commission, and no unit or individual may illegally interfere.
Bidding agency tender agent shall abide by the Bidding Law and the present regulations on tenderers. Tendering agency may not bid or proxy bid in the tender agent, it is also not allowed to provide advice to bidders proxy bidding project.
Tendering agency may not alter, lease, lend, transfer certificates.
Article XIV of the tender commission shall sign a written contract with the agency entrusted bidding, contract fees shall comply with the relevant provisions of the State.
Article XV open tender project, the tender notice shall be published in accordance with the Bidding Law and the provisions of this Ordinance, the preparation of tender documents.
Tenderer who adopts the approach to pre-qualification of potential bidders qualification shall issue a pre-qualification announcement, the preparation of pre-qualification documents.
Legally requires the invitation of prequalification project announcements and tenders shall be published in the State Council Development and Reform department designated media law. In the pre-qualification tender notice or the contents of different media announcement issued by the same tender should be consistent. Designated media release is legally required to tender the project within the pre-qualification announcement and tender, not fees.
Preparation of a project legally subject to bidding prequalification and bidding documents should be used in conjunction with the State Council Development and Reform department standard text relevant administrative supervision departments to develop.
Article 16 A tenderer shall, in accordance with the pre-qualification notice, tender notice or invitation to tender stipulated time and place available for sale pre-qualification documents or the tender documents. Sale of pre-qualification documents or the tender documents shall not be less than five days.
Tenderer offering pre-qualification documents, tender documents charges should be limited to compensation for printing, mailing costs, not for profit purposes.
Article 17 A tenderer shall reasonably determine the time of submission of pre-qualification application documents. Legally requires the invitation of the project was submitted pre-qualification documents, from the pre-qualification documents to stop the sale date shall not be less than five days.
Article XVIII prequalification shall be in accordance with the criteria and methodology set forth in the prequalification documents.
State-owned capital accounts for the holding or leading position must tender the project according to the law, the tender shall be established credentials committee shall examine pre-qualification documents. Qualification Review Committee and its members should comply with the relevant provisions of the bid evaluation committee and its members of the Bidding Law and these Regulations.
Article XIX After the pre-qualification, the tender pre-qualification applicant shall promptly issue a notice of the results of pre-qualification. No pre-qualified applicant does not have the invitation to tender.
Pre-qualified applicants is less than 3, it should be re-tendered.
Article XX tenderer after the trial approaches-qualification of bidders qualification, it should be after the opening by the Commission in accordance with the evaluation criteria and methods specified in the tender documents of bidders qualification review.
Article 21 A tenderer may prequalification or tender documents already issued the necessary clarifications or modifications. Clarify or modify the contents may affect the pre-qualification documents or the tender documentation, the tender should submit pre-qualification documents Deadline for less than 3 days, or the tender deadline at least 15 days prior to inform all qualify in writing pre-qualification documents or potential bidders tender documents; less than 3 days or fifteen days, the tender should be postponed to submit pre-qualification documents or tender documents deadline.
Article 22 potential bidders or other interested parties of the pre-qualification documents have objections shall be made to submit pre-qualification documents Deadline for the 2nd; the tender documents have objections shall be made on the 10th Deadline. Within three days of receipt of the tender shall respond to the objection; before responding, should be suspended bidding activities.
Article 23 of the pre-qualification documents prepared by the tenderer, the contents of the tender documents in violation of the law, the mandatory administrative regulations, violation of openness, fairness, impartiality and good faith principles, the impact of the results of pre-qualification of potential bidders or the bid, according to the law It must tender the project tender shall be re-tendered after the modification pre-qualification documents or the tender documents.
Article 24 A tenderer who tenders division tenders shall comply with the relevant provisions of the Bidding Law shall not restrict or exclude the use of divide tenders potential bidders. Tenderer legally requires the invitation of the project can not use partition tenders avoid bidding.
Article 25 The tenderer shall specify the validity of the tender in the tender documents. Bid validity from the date of the deadline for submission of tender documents starting.
Article 26 The tenderer bidders in the tender document submitted bid bond, bid bond shall not exceed the tender price estimate by 2%. Validity of the bid bond shall be consistent with the bid validity.
Domestic law must be bidders bidding for projects, bid bond submitted in the form of cash or check should turn out from the basic account.
The tender bid bond shall not misappropriated.
Article 57 If the tenderer decides whether to prepare the base price. A tender can only have one base price. It shall be kept confidential.
Entrusted the preparation of the base price of the agency entrusted with the preparation of the bid may not participate in the project base price, nor preparation of tender documents for bidders to provide advice or project.
Tenderer has the highest bid price, calculated the highest bid price or highest bid price should be clear in the tender documents. Shall be required to tender the lowest bid price.
Article 28 The tenderer shall organize individual or part of the project site reconnaissance of potential bidders.
Article 29 A tenderer may lawfully engineering and construction-related goods and services to implement all or part of the total contract tenders. Scope of the project in the form of provisional valuation included in the scope of general contracting works, goods and services are legally subject to bidding and meet the state standards of size, should be tender law.
The aforesaid provisional valuation, refers not determine the total contract price and the tender by the tenderer in the tender documents of the project assessed temporarily, goods, money and services.
Article 30 can not be accurately prepared technically complex or technical specifications of the project, the tender can be divided into two stages tender.
The first stage, bidders to submit technical proposals without quotations in accordance with the tender notice or invitation to tender requirements, the tender to determine the technical standards and requirements based on technical proposals submitted by the bidders, preparation of tender documents.
The second stage, the tender submitted in the first stage to the technical advice provided by the Bidder tender documents, including the final bidders to submit technical solutions and the tender offer bid documents in accordance with the requirements of the tender documents.
Tenderer requires bidders to submit bid bond shall be submitted in the second stage.
Article 31, terminate the tender bid shall timely announcement or notification has been invited or obtain pre-qualification documents, tender documents for potential bidders in writing. Has sold pre-qualification documents, tender documents have been charged or bid bond, the tender shall be returned in the prequalification documents charged the cost of the tender documents and the bid bond and bank deposit interest charged over the same period.
Article 32 A tenderer shall not unreasonable conditions, exclusion of potential bidders or bidders.
Tender any of the following acts, belong to unreasonable conditions, exclusion of potential bidders or bidders:
(A) the same tender offer differentiated information on the project to potential bidders or bidders;
Specific characteristics (b) set qualifications, technology, business conditions and tender and the actual performance of the contract need not meet or nothing to do with;
(Iii) the project legally subject to bidding results to specific administrative regions or specific industries, plus awards as bid conditions or conditions;
(Iv) the potential bidders or bidders to take a different qualification or evaluation criteria;
(V) define or specify a particular patent, trademark, brand, country of origin or supplier;
(Vi) the project legally subject to bidding illegal Qualify prospective bidders or bidders form of ownership or organizational forms;
(Vii) other unreasonable conditions, exclusion of potential bidders or bidders.
Chapter III tender
Article 33 bidders participated in the tender legally subject to bidding for projects, not limited by region or sector, and no unit or individual may illegally interfere.
Article 34 with a stake tenderer may affect the fairness of the bidding legal persons, other organizations or individuals, may not participate in the bidding.
The same tender unit is responsible for the same person or the controlling, managing the relationship between the different units, the same shall not participate in the tender bid or tender undivided tenders.
In violation of the preceding two paragraphs, the relevant tenders are invalid.
Article 35 The bidder withdraw his bid documents have been submitted, it shall notify in writing the tenderer before the tender deadline. Tenderer has received the bid bond, he shall receive the notification of the withdrawal of the bidder in writing within 5 days refunded.
Bidder withdraw tender documents after the tender deadline, the tender may not be refundable bid deposit.
Tender documents Article 36 does not pre-qualified applicants submitted and Overdue or not in accordance with the requirements of the tender documents sealed tender documents, the tender shall be rejected.
Tender shall truthfully record delivery time and the seals of the tender documents and records.
Article 37 The invitation to tender shall set out in the pre-qualification notice, tender notice or whether to accept the consortium bid.
People accept the consortium bid and the tender pre-qualification, the Commonwealth shall, before submitting pre-qualification files. After the pre-qualification Commonwealth increase or decrease replace members whose tender invalid.
In the same tender consortium to bid in its own name alone or join other consortium bid, the relevant tender are invalid.
Article 38 bidder occurred merger, significant changes in bankruptcy shall promptly notify in writing the tenderer. Bidders no longer have the pre-qualification documents, tender documents specified qualifications, or a bid affect the fairness of the tender, the tender invalid.
Article 39 prohibits collusion between bidders bid.
Of the following circumstances, which belongs to collusion between bidders Tender:
(A) negotiate the substance of the tender offer and other tender documents between bidders;
Agreement between the successful bidder (ii) the bidder;
Agreed between the (c) portion of the bidder or bidders bidding abandon the bid;
(Iv) members belonging to the same group, associations, chambers of commerce and other bidders in accordance with the requirements of the organization's co-bidders;
(V) between the bidders in order to seek the successful bidders or exclude specific joint actions taken by the other.
Article 40 of the following circumstances shall be regarded as collusion between bidders Tender:
(A) different bidders documents prepared by the same entity or individual;
(Ii) different bidders entrust the same entity or individuals for tenders;
(Iii) different bidders documents stated in project management as a member of the same person;
(Iv) different bidders or bidding documents showed abnormalities consistent regularity difference;
(V) different bidders documents mixed with each other;
(Vi) different bidders bid bond is removed from the same unit or individual accounts.
Article 41 prohibits the tenderer with bidders bid-rigging.
One of the following circumstances, the people belonging to the tender and bidders bid-rigging:
(A) the tender will open before the opening of tender documents and information disclosed to other bidders;
(Ii) directly or indirectly to the tender bidders disclose the base price, the bid evaluation committee members and other information;
(C) the tenderer expressed or implied bidders down or raise the tender offer;
(Iv) the tenderer instructed bidders to replace, modify the tender documents;
(E) the tenderer expressed or implied in particular bidders winning bidder convenience provided;
(Vi) the tenderer with bidders seeking to take specific winning bidder and other collusive behavior.
Article 42 Eligibility by the transferee or lease, etc. acquired qualification certificate tender, belong to the provisions of Article 33 of the Bidding Law of the bid on behalf of others.
Bidders have one of the following circumstances, belong to the provisions of Article 33 of the Bidding Law otherwise fraudulent behavior:
(A) the use of forged or altered license;
(Ii) to provide false financial condition or results;
(3) providing false project leader or technical personnel resume, proof of labor relations;
(D) providing false credit status;
(V) other fraudulent behavior.
Article 43 submitted pre-qualification documents the applicant shall comply with the Bidding Law and the Ordinance on bidders regulations.
Chapter Four Opening, Evaluation and Winning
Article 44 A tenderer shall follow the provisions of the tender documents of the time and place opening.
Fewer than three bidders, and shall not opening; tenderer shall be re-tendered.
Opening bidder has any objection, I shall propose the opening scene, the tenderer shall respond on the spot, and make records.
Article 45 The State practices a unified classification criteria and evaluation experts, professional management approach. Specific standards and measures by the State Council Development and Reform department of the State Council jointly with relevant departments.
Provincial People's Government and relevant departments of the State Council should set up a comprehensive evaluation expert database.
Article 46 In addition to the special tender Bidding third paragraph of Article 37, shall be subject to bidding, expert members of the bid evaluation committee should be a list of experts from the relevant professional evaluation experts, library determined to be chosen randomly. Any unit or individual may express or implied in any way and so designated or disguised experts designated to participate in the bid evaluation committee members.
Legally requires the invitation of the project tenderer not because the subject of the Bidding Law and the provisions of this Ordinance shall not replace the members of the bid evaluation committee established by law. Replace the bid evaluation committee members should be experts in accordance with the preceding paragraph.
Members of the bid evaluation committee with bidders interested, should take the initiative to avoid.
Relevant administrative supervision department shall be in accordance with the division of responsibilities of the members of the bid evaluation committee determined way, extraction and evaluation experts to supervise the evaluation activities. Staff administrative supervision departments shall not serve as members of the bid evaluation committee of the department responsible for overseeing the project.
Article 47 Tendering Article 37.3 of the alleged special tender refers technically complex, highly specialized or countries with special requirements, chosen randomly determined expert evaluation work hard to ensure that competent project.
Article 48 The tenderer shall provide the information necessary for evaluation to the bid evaluation committee, but not express or imply its favoring or excluding certain bidders.
Tender evaluation shall be reasonably determined based on the time scale of the project and the degree of technical complexity factor. More than a third of the members of the bid evaluation committee considered enough time evaluation, the tender should be extended.
Evaluation process, members of the bid evaluation committee has avoided the subject, desertion or other reasons can not continue due to health evaluation, it should be replaced. Members of the bid evaluation committee is the replacement of the conclusion of the review made invalid by the members of the bid evaluation committee to re-review after the replacement.
Article 49 The bid evaluation committee members should be in accordance with the Bidding Law and the provisions of these Regulations, in accordance with the evaluation criteria and methods specified in the tender documents, objective and impartial manner review comments on the tender documents. Evaluation criteria and methods specified in the tender documents do not not be used as a basis for evaluation.
Bid evaluation committee members shall not privately contact with bidders or accept property or other benefits given to bidders, and shall not seek to determine the successful bidder's intention to tender person, entity or individual shall not accept any express or implied rejection of a particular tendency or proposed bidders requirements, without other non-objective, unfair discharge their duties behavior.
Article 50 has a base tender, the tender should be published at the time of opening of tenders. Base price only as a reference for evaluation, whether the tender offer may not be close to the base price as the bid conditions, nor to the tender offer exceeds the base price range of plus or minus reject bids as a condition.
Article 51, the evaluation committee of the following circumstances should reject the tender:
(A) without bidding tender documents sealed units and unit responsible for signature;
(B) the consortium did not submit a tender joint bidding agreement;
(Iii) the bidder does not meet the national or qualifications specified in the tender documents;
(Iv) the same bidders submitted a different tender documents or tender offer more than two, but the tender documents required to submit an alternative proposal, except;
(E) bid price below cost or higher than the highest bid solicitation documents set limit;
(Vi) the tender documents did not respond to the substantive requirements and conditions of the tender documents;
(Vii) bidders bid-rigging, fraud, bribery and other illegal activities.
Article 52 The tender documents have ambiguity in content, clear text or calculation error, the bid evaluation committee considers it necessary bidders to make the necessary clarification, it shall notify in writing the bidders. Bidders clarification shall be in writing, and shall not exceed the scope of the bid documents or change the substantive content of the tender documents.
Bid evaluation committee shall not imply or induce bidders to clarify, explain, clarify the bidder may not accept the initiative, he explained.
Article 53 After completion of the evaluation, the evaluation committee shall submit a written report on bid winning list of candidates to the tenderer. The successful candidate should be no more than three, and indicate the sort.
Evaluation report shall be signed by all the members of the bid evaluation committee. Bid Evaluation Committee members have different views on the results of the evaluation shall be stated and the reasons for its disagreement in writing, bid evaluation report should indicate the different views. Members of the bid evaluation committee refused to sign without a written explanation of its reasons and different views on the evaluation report, as agreed evaluation results.
Article 54 of the project legally subject to bidding, the tender evaluation shall be the date of receipt of the report of the successful candidate within three days of publicity, publicity for a period not less than three days.
Bidder or other interested parties to legally subject to bidding project evaluation disagrees with the results, shall be made public during the successful candidate. Within three days of receipt of the tender shall respond to the objection; before responding, should be suspended bidding activities.
Article 55 The state-owned capital accounts for the holding or leading position must tender the project according to the law, the tenderer shall determine the number one candidate for the successful bidder. Number one successful candidate to give up the bid, due to force majeure is unable to perform the contract, not to submit a performance bond in accordance with the requirements of the tender documents, or be verified presence affects the bidding result of violations and other circumstances, does not comply with the conditions of the bid, the tenderer can in accordance with the evaluation Committee a list of the successful candidate and then click OK to sort the other successful candidate as the successful bidder to be re-tendered.
Article 56 The successful candidate management, financial situation changed greatly or wrongdoing, the tender think may affect their ability to perform shall be the original bid evaluation committee in accordance with the tender documents before issuing the notification of award criteria and methods of examination and confirmation.
Article 57 of the tender and the winning bidder shall sign a written contract in accordance with the Bidding Law and the provisions of this Ordinance, The content of the main provisions of the subject, price, quality contract performance period, which shall be the tender documents and the winning bidder of the tender documents . The tender and the winning bidder conclude contrary to the substantive content of other agreements and no further.
Tenderer shall, at the latest after a written contract to the winning and not winning bidder refund the bid bond and bank deposit interest for the same period of 5 days.
Article 58 The tender documents require the winning bidder to submit a performance bond, the winning bidder shall be submitted in accordance with the requirements of the tender documents. Performance bond can not exceed 10% of the bid amount of the contract.
Article 59 The winning bidder shall fulfill their obligations according to the contract, the successful completion of the project. The winning bidder may not transfer the winning project to others, nor will the winning project after dismemberment transfer to others, respectively.
The winning bidder in accordance with the contract or the consent of the tenderer, the main part of the non-winning project, and critical work can be subcontracted to others is completed. The subcontractors shall have appropriate qualifications, and may not subcontract.
Winning bidder shall be responsible for the project subcontracted to the tenderer, accepting subcontractors who subcontracted the project jointly and severally liable.
Chapter V Complaints Processing
Article 60 bidders or any other interested party believes that a bidding does not comply with the laws and administrative regulations, you may know or ought to know the date of the complaint to the relevant administrative supervision department within 10 days. There should be clear complaint and request the necessary proof.
For the purposes of Article 22, Article 44, Article 54 specified matters complaint shall first apply to the tenderer objected, objection during the response period is not counted in the preceding paragraph.
Article 61 The complainant on the same subject to two or more have the right to accept the administrative supervision department complaints, complaints received by the first administrative supervision department is responsible for handling.
Administrative supervision department shall, from receipt of the complaint within three working days to decide whether to accept the complaint and from the acceptance date of the complaint within 30 working days to make a written decision; required inspection, testing, identification, expert assessment, the The time required is not counted.
The complainant fabricated facts, forgery or illegal means to obtain evidence to make a complaint, the administrative supervision departments shall be rejected.
Article 62 The administrative supervision departments to handle complaints, the right to access and copy the relevant documents, information, inquire into the circumstances, the relevant units and personnel shall cooperate. When necessary, the administrative supervision department may order the suspension of bidding activities.
Staff administrative supervision department supervision and inspection process known to state secrets, commercial secrets shall be kept confidential by law.
Chapter VI Legal Liability
Article 63 The tenderer has the following limitations or exclusion of one of the potential bidders acts by the relevant administrative supervision department according to the provisions of Article 51 of the Bidding Law penalties:
(A) according to the law should be open tender project does not publish in accordance with the pre-qualification tender notice or announcement in the designated media;
(B) the content of the prequalification announcement published in different media in the same tender or tender notice inconsistencies, the impact of potential bidders to apply for pre-qualification or tender.
Tenderer legally requires the invitation of the project is not released in accordance with the provisions of the pre-qualification tender notice or announcement constitutes circumvention tender, in accordance with Article 49 of the Bidding Law shall be punished.
Article 64 tender any of the following circumstances, the relevant administrative supervision department shall order correction, may be fined 100,000 yuan:
(A) which shall be adopted invite public bidding and tender;
(B) The tender documents, pre-qualification documents for sale, to clarify, modify time, or for submission of pre-qualification documents, tender documents do not meet the time limit Bidding Law and these Regulations;
(C) not to accept pre-qualified units or individuals to participate in the tender;
(Iv) shall refuse to accept the tender documents.
The first tender in the preceding paragraph, the third, the fourth one of the acts listed executives directly responsible and other persons directly responsible shall be punished.
Article 65 of the tender agent by agents of the tender in the tender, the tender agent or to the project bidders advising, entrusted the preparation of the base price of the intermediary entrusted with the preparation of the base price to bid the project or the bidder for the project preparation of tender documents, provide advice, in accordance with Article 50 of the bidding law held liable.
Article 66 charges the tenderer over the provisions of this Ordinance, the proportion of the bid bond, performance bond or not in accordance with the provisions of refundable bid bond and bank deposit interest over the same period, the relevant administrative supervision department shall order correction, it may be fined 50,000 yuan; causes losses to others, shall be liable for compensation.
Article 67 bidders collude with the tenderer or tender bid-rigging, bribery seek the successful bidder to tender or members of the bid evaluation committee, the bid invalid; constitutes a crime, shall be investigated for criminal responsibility; not constitute a crime accordance with the provisions of Article 53 of the Bidding Law penalties. Bidder is not successful, the amount of fines in accordance with the contract value of the unit of tenders shall be calculated in accordance with the proportion of the Bidding Law.
Bidders have one of the following acts, the circumstances are serious behavior is Article 53 of the Bidding Law, the relevant administrative supervision department to cancel their participation in the invitation to tender for 1 year to 2 years, subject to bidding projects:
(A) bribe to win the bid;
(B) 3 years 2 times or more bid-rigging;
(C) the bid-rigging behavior damage the tender, other bidders or the legitimate interests of the state, collectives, citizens, causing direct economic losses of more than 300,000 yuan;
(Iv) other bid-rigging serious behavior.
Bidders from the date of expiry of the period of enforcement of penalty provisions of paragraph two of three years which have one of the listed offenses, or bid-rigging, bribery to win the bid the circumstances are especially serious, the administrative department for industry and commerce to revoke its business license.
Laws and administrative regulations of collusive bidding behavior penalties otherwise provided, the provisions shall prevail.
Article 68 bidders to bid on behalf of others, or otherwise trickery to defraud wins the bid, the bid invalid; constitutes a crime, shall be investigated for criminal responsibility; not constitute a crime, in accordance with Article 54 of the Bidding Law shall be punished . Bidder legally requires the invitation of the project is not successful, the amount of fines in accordance with the contract value of the unit of tenders shall be calculated in accordance with the proportion of the Bidding Law.
Bidders of the following acts, in serious acts are Tendering Article 54 of the regulations, the relevant administrative supervision department to cancel its qualification tender for 1 year to 3 years, according to law, must be bidding for projects:
(A) forged or altered qualification, qualification certificate or other license to cheat bid;
(B) 3 years 2 times or more bid on behalf of others;
(C) fraud to defraud the successful tenderer to cause direct economic losses of more than 300,000 yuan;
(Iv) other trickery to defraud bid serious behavior.
Bidders from the date of expiry of the penalty period of implementation of the provisions of the second paragraph within three years of one of the offenses listed in that paragraph there, or trickery to defraud the successful circumstances are especially serious, the administrative department for industry and commerce to revoke its business license.
Article 69 of the lease or rental qualifications, qualification certificate for others to tender, in accordance with the laws and administrative regulations shall be given administrative punishment; constitute a crime, be held criminally responsible.
Tenderer Article 70 legally requires the invitation of the project is not set up in accordance with the provisions of the bid evaluation committee, or to determine the replacement of the members of the bid evaluation committee in violation of the provisions of the Bidding Law and these Regulations shall be ordered by the relevant administrative supervision department of correction and may 10 fine yuan, executives directly responsible and other persons directly responsible shall be given sanctions; member determined illegal or replacement of the bid evaluation committee to review the conclusions invalid, according to the law re-assessment.
National staff in any way unlawful interference with selected members of the bid evaluation committee, in accordance with the provisions of Article 81 of the Regulations of legal liability.
Article 71 The members of the evaluation committee of the following acts by the relevant administrative supervision department shall order rectification; serious cases, prohibit its evaluation within a certain period of time according to law, it must be bidding for projects; the circumstances are especially serious, cancel its qualification as a member of the bid evaluation committee:
(A) should be avoided rather than avoided;
(B) AWOL;