Chapter I General Provisions

Article 1 In order to regulate the bidding activities, these Regulations are formulated in accordance with the Bidding Law of People's Republic of China (PRC) (hereinafter referred to as the Bidding Law). Article 2 The term "construction projects" as mentioned in Article 3 of the Bidding Law refers to projects and goods and services related to project construction.

The project mentioned in the preceding paragraph refers to construction projects, including new construction, reconstruction and expansion of buildings and structures and their related decoration, demolition and repair; Goods related to project construction refer to the equipment and materials that constitute part of the project and are necessary to realize the basic functions of the project; Services related to project construction refer to services such as survey, design and supervision required to complete the project.

Article 3 The specific scope and scale standards of construction projects that must be subject to tender according to law shall be formulated by the development and reform department of the State Council in conjunction with the relevant departments of the State Council, and promulgated for implementation after being approved by the State Council.

Article 4 The development and reform department of the State Council shall guide and coordinate the national bidding work, and supervise and inspect the bidding activities of major national construction projects. The State Council industry and information technology, housing and urban construction, transportation, railways, water conservancy, commerce and other departments, in accordance with the provisions of the division of responsibilities to supervise the bidding activities.

The development and reform departments of local people's governments at or above the county level shall guide and coordinate the bidding work within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall, in accordance with the prescribed division of responsibilities, supervise the bidding activities and investigate and deal with illegal acts in bidding activities according to law. Where the local people's governments at or above the county level have other provisions on the division of supervisory responsibilities related to bidding activities of their subordinate departments, such provisions shall prevail.

The financial department shall supervise the implementation of government procurement policies for government procurement construction projects that must be subject to tender according to law.

Supervisory organs shall supervise the objects of supervision related to bidding activities according to law.

Article 5 Local people's governments at or above the municipal level divided into districts may, according to actual needs, set up unified and standardized bidding and tendering trading places to provide services for bidding and tendering activities. Tendering and bidding trading places shall not be subordinate to administrative supervision departments, and shall not be for profit.

The state encourages the use of information networks for electronic tendering and bidding.

Article 6 State functionaries are prohibited from illegally interfering in bidding activities in any way.

Chapter II Bidding

Seventh in accordance with the relevant provisions of the state, the bidding scope, bidding method and bidding organization form must be submitted to the project examination and approval department for examination and approval. The project examination and approval department shall promptly notify the relevant administrative supervision departments of the scope, method and organizational form of the tender determined by the examination and approval.

Eighth state-owned funds holding or leading position of the project, according to the law must be tender, it should be open tender; But in any of the following circumstances, you can invite tenders:

(a) the technology is complex, there are special requirements or limited by the natural environment, and only a few potential bidders can choose;

(two) the cost of public bidding accounts for a large proportion of the project contract amount.

The project specified in Article 7 of this Ordinance is under any of the circumstances listed in Item (2) of the preceding paragraph, which shall be determined by the project examination and approval department when examining and approving the project; Other projects shall be determined by the tenderer applying to the relevant administrative supervision departments.

Article 9 Except for the special circumstances stipulated in Article 66 of the Bidding Law, no bidding shall be conducted under any of the following circumstances: (1) irreplaceable patents or proprietary technologies are needed;

(2) The purchaser may construct, produce or provide it by himself according to law;

(3) Investors of franchise projects selected through bidding can construct, produce or provide them by themselves according to law;

(four) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;

(five) other special circumstances stipulated by the state.

If a tenderer practices fraud in order to apply the provisions of the preceding paragraph, it belongs to the evasion of bidding as stipulated in Article 4 of the Bidding Law.

Article 10 The tenderee stipulated in the second paragraph of Article 12 of the Bidding Law has the ability to prepare bidding documents and organize bid evaluation, which means that the tenderee has technical and economic professionals suitable for the scale and complexity of the project subject to tender.

Eleventh the State Council city housing and urban construction, commerce, development and reform, industry and information technology departments, in accordance with the provisions of the division of responsibilities of the bidding agency to implement supervision and management according to law.

Article 12 A bidding agency shall have a certain number of professionals who have obtained professional qualifications for bidding. The specific measures for obtaining the professional qualification for bidding shall be formulated by the human resources and social security department of the State Council in conjunction with the development and reform department of the State Council.

Thirteenth bidding agencies to carry out bidding agency business within the scope entrusted by the tenderer, no unit or individual may illegally interfere.

When acting as an agent for bidding business, a bidding agency shall abide by the provisions of the Bidding Law and these Regulations on bidders. A bidding agency shall not bid or act as an agent in the bidding project it represents, nor shall it provide consultation for the bidders of the bidding project it represents.

Article 14 A tenderer shall sign a written entrustment contract with the entrusted tendering agency, and the fees stipulated in the contract shall comply with the relevant provisions of the state. Fifteenth public bidding projects, should be in accordance with the provisions of the bidding law and the regulations issued a tender announcement, the preparation of tender documents.

Where a tenderer conducts qualification examination of potential bidders by means of pre-qualification, it shall issue a pre-qualification announcement and prepare pre-qualification documents.

The pre-qualification announcement and tender announcement of the project that must be subject to tender according to law shall be published in the media designated by the development and reform department of the State Council according to law. The contents of the prequalification announcement or tender announcement of the same project subject to tender published in different media shall be consistent. The designated media shall not charge fees for publishing domestic pre-qualification announcements and bidding announcements of projects that must be subject to bidding according to law.

The preparation of pre-qualification documents and tender documents for projects that must be subject to tender according to law shall use the standard text formulated by the development and reform department of the State Council in conjunction with the relevant administrative supervision departments.

Article 16 A tenderer shall sell pre-qualification documents or tender documents at the time and place specified in the pre-qualification announcement, tender announcement or invitation to bid. The pre-qualification documents or bidding documents shall be sold for no less than 5 days.

The fees charged by the tenderee for selling prequalification documents and bidding documents are limited to the compensation cost of printing and mailing, and shall not be for profit.

Seventeenth a tenderer shall reasonably determine the time to submit the application documents for pre-qualification. For a project that must be subject to tender according to law, the time for submitting the prequalification application documents shall not be less than 5 days from the date when the prequalification documents stop selling.

Eighteenth pre-qualification shall be carried out in accordance with the standards and methods stipulated in the pre-qualification documents.

Where state-owned funds occupy a controlling or leading position in projects that must be subject to tender according to law, the tenderer shall set up a qualification examination committee to examine the application documents for pre-qualification. The qualification examination committee and its members shall abide by the provisions of the Bidding Law and these Regulations concerning the bid evaluation committee and its members.

Nineteenth after the prequalification, the tenderer shall promptly issue a notice of prequalification results to the prequalification applicant. Applicants who have not passed the prequalification are not qualified to bid.

If there are less than three applicants who have passed the pre-qualification, they shall re-invite tenders.

Article 20 Where a tenderer conducts qualification examination of bidders by post-qualification examination, the bid evaluation committee shall conduct qualification examination of bidders according to the standards and methods specified in the tender documents after the bid opening.

Article 21 A tenderer may make necessary clarifications or amendments to the pre-qualification documents or bidding documents that have been issued. If clarification or modification may affect the preparation of prequalification application documents or bidding documents, the tenderer shall notify all potential bidders who have obtained prequalification documents or bidding documents in writing at least 3 days before the deadline for submitting prequalification application documents or at least 15 days before the deadline for bidding; If it is less than 3 days or 15 days, the tenderee shall postpone the deadline for submitting prequalification application documents or bidding documents accordingly.

Twenty-second potential bidders or other interested parties have objections to the prequalification documents, they shall put forward them two days before the deadline for submitting the prequalification application documents; Any objection to the bidding documents should be raised before the deadline 10. The tenderer shall make a reply within 3 days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities shall be suspended.

Article 23 If the contents of the prequalification documents and bidding documents prepared by the tenderer violate the mandatory provisions of laws and administrative regulations, violate the principles of openness, fairness, justice and good faith, and affect the prequalification results or the bidding of potential bidders, the tenderer of a project that must be subject to bidding according to law shall re-invite bids after modifying the prequalification documents or bidding documents.

Article 24 A tenderer shall abide by the relevant provisions of the Tendering and Bidding Law when dividing tenders for a project subject to tender, and shall not use the division of tenders to restrict or exclude potential bidders. The tenderee of a project that must be subject to tender according to law shall not use sub-tender to avoid bidding.

Twenty-fifth the tenderer shall specify the validity of the tender in the tender documents. The validity of the bid shall be calculated from the deadline for submitting the bid documents.

Article 26 Where a tenderer requests a bidder to submit a bid bond in the tender documents, the bid bond shall not exceed 2% of the estimated price of the project subject to tender. The validity period of the bid bond shall be consistent with the validity period of the bid.

The bid bond submitted by domestic bidders in the form of cash or cheque for the project subject to tender according to law shall be transferred from their basic account.

The tenderer shall not misappropriate the bid bond.

Twenty-seventh the tenderer may decide whether to prepare the pre-tender estimate. A project subject to tender can only have one pre-tender estimate. The pre-tender estimate must be kept confidential.

An intermediary agency entrusted with the preparation of the pre-tender estimate shall not participate in the bidding of the project entrusted with the preparation of the pre-tender estimate, nor shall it prepare the bidding documents or provide consultation for the bidders of the project.

If the tenderer has a maximum bid price limit, it shall specify the maximum bid price limit or the calculation method of the maximum bid price limit in the tender documents. The tenderer shall not stipulate the minimum bid price limit.

Article 28 A tenderer may not organize a single or partial potential bidder to inspect the project site.

Article 29 A tenderer may, in accordance with the law, conduct a general contract tender for the project and all or part of the goods and services related to the project construction. Projects, goods and services that are included in the scope of general contracting in the form of temporary evaluation belong to the scope of projects that must be subject to tender according to law, and meet the scale standards stipulated by the state, they shall be subject to tender according to law.

The term "provisional valuation" as mentioned in the preceding paragraph refers to the amount of projects, goods and services temporarily estimated by the tenderee in the tender documents because the price cannot be determined during the general contract bidding.

Thirtieth of the complex technology or technical specifications can not be accurately drawn up the project, the tenderer can be divided into two stages of bidding.

In the first stage, the bidder submits the technical proposal without quotation according to the requirements of the tender announcement or invitation letter, and the tenderer determines the technical standards and requirements according to the technical proposal submitted by the bidder and prepares the tender documents.

In the second stage, the tenderer provides the bidding documents to the bidders who submitted the technical suggestions in the first stage, and the bidders submit the bidding documents including the final technical scheme and bidding quotation according to the requirements of the bidding documents.

Where a tenderer requires a bidder to submit a bid bond, it shall do so in the second stage.

Article 31 Where a tenderer terminates the tender, it shall make a public announcement in time, or notify the potential bidders who have invited or obtained the prequalification documents and tender documents in writing. If the pre-qualification documents and bidding documents have been sold or the bid bond has been collected, the tenderer shall promptly return the fees collected from the pre-qualification documents and bidding documents, as well as the bid bond and the interest of bank deposits for the same period.

Article 32 A tenderer shall not restrict or exclude potential bidders or bidders with unreasonable conditions.

A tenderer who commits one of the following acts shall restrict or exclude potential bidders or bidders with unreasonable conditions:

(1) Providing different project information to potential bidders or bidders of the same project subject to tender;

(2) The qualification, technology and business conditions set are not suitable for the specific characteristics and actual needs of the project subject to tender or have nothing to do with the performance of the contract;

(three) the project subject to tender according to law is based on the performance and awards of a specific administrative region or a specific industry as a condition for extra points or winning the bid;

(4) adopting different qualification examination or evaluation criteria for potential bidders or bidders;

(5) Defining or designating a specific patent, trademark, brand, country of origin or supplier;

(six) the project that must be subject to tender according to law illegally restricts the ownership or organizational form of potential bidders or bidders;

(seven) to restrict or exclude potential bidders or bidders by other unreasonable conditions.

Chapter III Bidding

Thirty-third bidders to participate in the bidding of projects that must be subject to tender according to law, are not restricted by regions or departments, and no unit or individual may illegally interfere.

Thirty-fourth legal persons, other organizations or individuals who have an interest in the tenderer and may affect the fairness of bidding may not participate in bidding.

If the person in charge of the unit is the same person or different units with holding and management relations, they shall not participate in the bidding of the same bid section or the bidding of the same project subject to tender without dividing the bid section.

In violation of the provisions of the preceding two paragraphs, the relevant bidding is invalid.

Thirty-fifth bidders to withdraw the submitted bid documents, shall notify the tenderer in writing before the deadline for bidding. If the tenderer receives the bid bond, it shall return it within 5 days from the date of receiving the written withdrawal notice from the bidder.

If the bidder cancels the bidding documents after the deadline, the tenderer may not return the bid bond.

Article 36 A tenderer shall reject the bid documents submitted by applicants who have not passed the prequalification, as well as the bid documents that have been delivered late or not sealed according to the requirements of the tender documents.

The bidder shall truthfully record the delivery time and sealing conditions of the bidding documents and file them for future reference.

Article 37 A tenderer shall specify whether or not to accept a consortium bid in the prequalification announcement, tender announcement or invitation to bid.

Where a tenderer accepts the bid of a consortium and conducts prequalification, it shall form a consortium before submitting the application documents for prequalification. If the consortium adds, reduces or replaces members after the prequalification, its bid will be invalid.

If the parties to a consortium bid separately in their own names or participate in the bidding of other consortia in the same bidding project, the relevant bidding is invalid.

Article 38 When the company undergoes major changes such as merger, division or bankruptcy. , the bidder shall promptly notify the tenderer in writing. If a bidder no longer meets the qualification requirements stipulated in the prequalification documents and bidding documents, or if its bid affects the fairness of bidding, its bid is invalid.

Thirty-ninth bidders are prohibited from colluding with each other in bidding.

In any of the following circumstances, bidders collude with each other in bidding:

(a) the substantive contents of the bidding documents such as the bidding quotation negotiated between bidders;

(two) the winning bidder is agreed between bidders;

(3) It is agreed between bidders that some bidders will give up bidding or win the bid;

(4) Bidders belonging to the same group, association, chamber of commerce and other organizations shall cooperate in bidding according to the requirements of the organization;

(five) other joint actions taken by bidders to win the bid or exclude specific bidders.

Fortieth in any of the following circumstances, it shall be deemed that bidders bid in collusion with each other:

(a) the bidding documents of different bidders are compiled by the same unit or individual;

(two) different bidders entrust the same unit or individual to handle the tender matters;

(three) the project management members specified in the bidding documents of different bidders are the same person;

(four) the bidding documents of different bidders are unusually consistent or there are regular differences in bidding quotations;

(5) The bidding documents of different bidders are confused with each other;

(six) the bid bond of different bidders is transferred from the account of the same unit or individual.

Article 41 Bidders are prohibited from colluding with bidders in bidding.

In any of the following circumstances, the tenderer and the bidder collude in bidding:

(a) the tenderer opens the tender documents before the bid opening, and leaks the relevant information to other bidders;

(2) The tenderee directly or indirectly divulges the pre-tender estimate, members of the bid evaluation committee and other information to the bidders;

(3) The tenderer explicitly or implicitly reduces or increases the bid price;

(4) The tenderer instructs the bidder to replace or modify the bidding documents;

(five) the tenderer expressly or implicitly provides convenience for a specific bidder to win the bid;

(six) other collusion between the tenderer and the bidder to obtain the bid of a specific bidder.

Forty-second to transfer or lease the qualifications, qualification certificates for bidding, belongs to the "Bidding Law" provisions of Article 33 of the bidding in the name of others.

Under any of the following circumstances, the bidder commits other fraudulent acts as stipulated in Article 33 of the Bidding Law:

(1) Using forged or altered license documents;

(2) Providing false financial status or performance; Quoted by 1 example

(three) providing false resumes and labor relations certificates of the project leader or major technical personnel;

(4) Providing false credit status;

(5) Other fraudulent acts.

Article 43 Applicants who submit prequalification application documents shall abide by the provisions of the Bidding Law and these Regulations on bidders.

Chapter IV Bid Opening, Bid Evaluation and Bid Winning

Article 44 A tenderer shall open bids at the time and place specified in the tender documents.

If there are less than three bidders, the bid opening shall not be allowed; The tenderer shall re-invite tenders.

If a bidder has any objection to the bid opening, it shall raise it at the bid opening site, and the tenderer shall reply on the spot and make records.

Article 45 The State shall implement unified occupational classification standards and management measures for bid evaluation experts. Specific standards and measures shall be formulated by the development and reform department of the State Council in conjunction with relevant departments of the State Council.

The provincial people's government and the relevant departments of the State Council shall establish a comprehensive evaluation expert database.

Forty-sixth in addition to the special bidding project stipulated in the third paragraph of Article 37 of the Bidding Law, the expert members of the bid evaluation committee shall be randomly selected from the list of experts in related disciplines in the bid evaluation expert database. No unit or individual may designate expert members to participate in the bid evaluation committee in any way, such as express or implied.

For a project that must be subject to tender according to law, the tenderer shall not replace the members of the bid evaluation committee determined according to law, except for the reasons specified in the Bidding Law and these Regulations. The replacement of expert members of the bid evaluation committee shall be carried out in accordance with the provisions of the preceding paragraph.

If a member of the bid evaluation committee has an interest with a bidder, he shall voluntarily withdraw.

The relevant administrative supervision departments shall, in accordance with the prescribed division of responsibilities, supervise the determination of members of the bid evaluation committee, the selection of bid evaluation experts and the bid evaluation activities. The staff of the administrative supervision department shall not become members of the bid evaluation committee responsible for supervising the project.

Article 47 The term "specific project subject to tender" as mentioned in the third paragraph of Article 37 of the Bidding Law refers to the project with complex technology, strong professionalism or special requirements of the state, and it is difficult for experts randomly selected to obtain the qualification for bid evaluation.

Article 48 A tenderer shall provide the information necessary for bid evaluation to the bid evaluation committee, but shall not explicitly or implicitly favor or exclude specific bidders.

The tenderer shall reasonably determine the bid evaluation time according to factors such as project scale and technical complexity. If more than one third of the members of the bid evaluation committee think that the bid evaluation time is not enough, the tenderer shall extend it appropriately.

In the process of bid evaluation, if a member of the bid evaluation committee evades, leaves his post without leave or cannot continue bid evaluation due to health and other reasons, he shall be replaced in time. The evaluation conclusion made by the replaced members of the bid evaluation committee is invalid, and the replaced members of the bid evaluation committee shall re-evaluate the bid.

Forty-ninth members of the bid evaluation committee shall, in accordance with the provisions of the Bidding Law and these Regulations, and in accordance with the bid evaluation standards and methods stipulated in the bidding documents, objectively and fairly put forward evaluation opinions on the bidding documents. The bid evaluation criteria and methods not specified in the tender documents shall not be used as the basis for bid evaluation.

Members of the bid evaluation committee are not allowed to contact bidders privately, accept property or other benefits from bidders, consult the tenderee to determine the intention of the winning bidder, accept the express or implied requirements of any unit or individual that tend to or exclude specific bidders, or engage in other non-objective and unfair performance of their duties.

Article 50 If a project subject to tender has a pre-tender price, the tenderer shall announce it when opening bids. The pre-tender estimate can only be used as a reference for bid evaluation, and it shall not be based on whether the bid price is close to the pre-tender estimate or whether the bid price exceeds the fluctuation range of the pre-tender estimate.

Article 51 In any of the following circumstances, the bid evaluation committee shall reject its bid:

(a) the tender documents are not stamped by the tenderer and signed by the person in charge of the unit;

(two) the bidding consortium did not submit the * * * and the bidding agreement;

(three) the bidder does not meet the qualifications stipulated by the state or the tender documents;

(4) The same bidder submits two or more different bid documents or bid quotations, except that the tender documents require the submission of alternative bid documents;

(five) the bid price is lower than the cost or higher than the highest bid price limit determined in the tender documents;

(six) the bid documents did not respond to the substantive requirements and conditions of the tender documents;

(seven) bidders have colluded in bidding, fraud, bribery and other illegal acts.

Article 52 If there are ambiguous contents, obvious words or calculation errors in the bid documents, and the bid evaluation committee deems it necessary to make necessary clarifications and explanations to the bidders, it shall notify the bidders in writing. The clarification and explanation of the bidder shall be made in written form, and shall not go beyond the scope of the bidding documents or change the substantive contents of the bidding documents.

The bid evaluation committee shall not imply or induce bidders to make clarifications and explanations, nor shall it accept the clarifications and explanations of bidders.

Fifty-third after the completion of the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report and a list of successful candidates to the tenderer. The number of successful candidates shall not exceed 3, and the ranking shall be indicated.

The bid evaluation report shall be signed by all members of the bid evaluation committee. If members of the bid evaluation committee have different opinions on the bid evaluation results, they shall explain their different opinions and reasons in writing, and the bid evaluation report shall indicate the different opinions. If a member of the bid evaluation committee refuses to sign the bid evaluation report and does not give a written explanation of different opinions and reasons, it shall be deemed that he agrees with the bid evaluation result.

Fifty-fourth projects that must be subject to tender according to law, the tenderer shall publicize the successful candidate within 3 days from the date of receiving the bid evaluation report, and the publicity period shall not be less than 3 days.

If there is any objection, it should be raised within the publicity period of the successful candidate. The tenderer shall make a reply within 3 days from the date of receiving the objection; Before giving a reply, the tendering and bidding activities shall be suspended.

Fifty-fifth state-owned funds in the holding or leading position of the project subject to tender according to law, the tenderer shall determine the winning candidate ranked first as the winning bidder. If the first successful candidate abandons the bid, fails to perform the contract due to force majeure, fails to submit the performance bond according to the requirements of the tender documents, or is found to have illegal acts that affect the result of winning the bid, and does not meet the conditions for winning the bid, the tenderer may determine other successful candidates as the winning bidders in turn according to the list of successful candidates proposed by the bid evaluation committee, or may re-invite tenders.

Article 56 If the business and financial status of the candidate winning the bid has undergone major changes or has committed illegal acts, which the tenderer thinks may affect his performance ability, the original bid evaluation committee shall conduct examination and confirmation according to the standards and methods stipulated in the tender documents before issuing the letter of acceptance.

Article 57 A tenderer and the winning bidder shall sign a written contract in accordance with the provisions of the Bidding Law and these Regulations, and the main terms of the contract, such as the subject matter, price, quality and performance period, shall be consistent with the contents of the tender documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract. The tenderer shall, within 5 days after signing the written contract at the latest, return the bid bond and the interest on the bank deposit for the same period to the winning bidder and the unsuccessful bidder.

Article 58 If the tender documents require the winning bidder to submit a performance bond, the winning bidder shall submit it in accordance with the requirements of the tender documents. The performance bond shall not exceed 10% of the winning contract amount.

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.

The winning bidder may, according to the contract or with the consent of the tenderer, subcontract part of the non-major and non-critical work of the winning project to others for completion. The person who accepts subcontracting shall have corresponding qualifications and shall not subcontract again.

The winning bidder shall be responsible to the tenderer for the subcontracted project, and the subcontractor shall be jointly and severally liable for the subcontracted project.

Chapter V Complaints and Handling

Article 60 If a bidder or other interested party thinks that the tendering and bidding activities are not in conformity with the provisions of laws and administrative regulations, it may complain to the relevant administrative supervision departments within 10 days from the date when it knows or should know. Complaints should have clear requirements and necessary supporting materials.

Complaints about matters specified in Articles 22, 44 and 54 of this Ordinance shall be submitted to the tenderer first, and the time limit for replying to objections shall not be counted in the time limit specified in the preceding paragraph.

Article 61 If a complainant complains about the same matter to two or more administrative supervision departments that have the right to accept it, the administrative supervision department that accepts it first shall be responsible for handling it.

The administrative supervision department shall decide whether to accept or not within 3 working days from the date of receiving the complaint, and make a written decision within 30 working days from the date of accepting the complaint; Need inspection, testing, identification, expert review, the time required is not counted.

If the complainant fabricates facts, forges materials or obtains proof materials by illegal means to make a complaint, the administrative supervision department shall not accept it.

Article 62 When handling complaints, administrative supervision departments have the right to consult and copy relevant documents and materials and investigate relevant situations, and relevant units and personnel shall cooperate with them. When necessary, the administrative supervision department may order the suspension of bidding activities.

The staff of the administrative supervision department shall keep confidential the state secrets and business secrets they know in the process of supervision and inspection.

Chapter VI Legal Liability

Article 63 If a tenderer has any of the following behaviors that restrict or exclude potential bidders, the relevant administrative supervision departments shall punish him in accordance with the provisions of Article 51 of the Bidding Law:

(1) Failing to publish a prequalification announcement or a tender announcement in the designated media for a project that should be subject to public bidding according to law;

(two) the contents of the prequalification announcement or tender announcement of the same project subject to tender published in different media are inconsistent, which affects the potential bidders' application for prequalification or bidding.

If the tenderer of a project that must be subject to tender according to law fails to issue a prequalification announcement or a tender announcement in accordance with the provisions, which constitutes evasion of tender, he shall be punished in accordance with the provisions of Article 49 of the Bidding Law.

Article 64 In any of the following circumstances, a tenderer shall be ordered by the relevant administrative supervision department to make corrections and may be fined up to 654.38 million yuan:

(1) Invited bidding should be adopted instead of open bidding according to law;

(two) the deadline for the sale, clarification and modification of the bidding documents and pre-qualification documents, or the deadline for the submission of pre-qualification application documents and bidding documents does not conform to the provisions of the bidding law and these regulations;

(three) accepting units or individuals that have not passed the pre-qualification examination to participate in the bidding;

(four) to accept the bid documents that should be rejected.

If a tenderer commits one of the acts listed in the first, third and fourth items of the preceding paragraph, the person in charge directly responsible for the unit and other directly responsible personnel shall be punished according to law.

Article 65 Where a tendering agency bids, acts as an agent for bidding or provides advice to bidders in a project that must be subject to tender, and an intermediary agency entrusted with the preparation of a pre-tender estimate participates in the bidding of a project entrusted with the preparation of a pre-tender estimate, or prepares bidding documents or provides advice to bidders of this project, legal liabilities shall be investigated in accordance with the provisions of Article 50 of the Bidding Law.

Article 66 If a tenderer collects bid bond or performance bond in excess of the proportion stipulated in these Regulations, or fails to return the bid bond and bank deposit interest for the same period in accordance with the regulations, the relevant administrative supervision department shall order it to make corrections and may impose a fine of less than 50,000 yuan; If losses are caused to others, they shall be liable for compensation according to law.

Article 67 If bidders collude with each other or with the tenderee to bid, and the bidders pay bribes to the tenderee or members of the bid evaluation committee in order to win the bid, their bids shall be invalid; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished in accordance with the provisions of Article 53 of the Bidding Law. If the bidder fails to win the bid, the amount of the fine imposed on the unit shall be calculated according to the contract amount of the project subject to tender and the proportion stipulated in the Bidding Law.

If a bidder commits one of the following acts, and the circumstances specified in Article 53 of the Bidding Law are serious, the relevant administrative supervision department shall cancel its bid qualification to participate in the bidding project according to law within 2 years:

(1) Winning the bid by bribery;

(2) colluding in bidding for more than 2 times within 3 years;

(3) Collusion in bidding damages the legitimate interests of the tenderee, other bidders or the state, collectives and citizens, resulting in direct economic losses of more than 300,000 yuan;

(four) other acts of serious collusion in bidding.

If a bidder commits one of the illegal acts listed in the second paragraph of this article within three years from the expiration of the penalty execution period specified in the second paragraph, or if the circumstances of colluding in bidding and bribing the bid are particularly serious, the administrative department for industry and commerce shall revoke its business license.