Regulations of Guizhou Province on Tendering and Bidding Regulations of Guizhou Province

Article 1 These Regulations are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and relevant laws and regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the bidding activities within the administrative area of this province.

Article 3 The following construction projects within the administrative area of this province, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to construction projects, must be subject to tender according to law:

(1) Infrastructure projects and public utilities projects related to social interests and public safety;

(2) Projects invested by state-owned funds in whole or in part;

(3) Projects invested by the state;

(4) Projects that use loans or aid funds from international organizations or foreign governments.

The procurement of general equipment and materials related to the important equipment and materials listed in the preceding paragraph may be carried out by the tenderee, or it may be contracted out to the winning bidder together with the main project during the construction bidding, and the winning bidder shall conduct the bidding.

The specific scope and scale standards of construction projects that must be tendered according to law shall be formulated by the provincial people's government in accordance with the relevant provisions of the state.

Article 4 The procurement scope and scale standards of drugs, medical devices, teaching AIDS, electric energy, vehicles, office facilities and office supplies, government procurement and property management, finance and insurance, scientific research, consultation and evaluation, etc. It shall be implemented in accordance with relevant laws and regulations, and the bidding procedure shall be handled in accordance with relevant laws and regulations.

Article 5 The development and reform departments of the people's governments at or above the county level shall guide and coordinate the bidding activities within their respective administrative areas.

Other relevant administrative supervision departments of the people's governments at or above the county level shall, in accordance with their respective duties, supervise the bidding activities within their respective administrative areas according to law and investigate and deal with illegal acts in bidding activities.

The development and reform departments of the people's governments of provinces, cities and prefectures and the regional administrative offices shall be responsible for supervising and inspecting the bidding activities of major construction projects within their respective administrative areas. Article 6 A construction project that must be subject to tender according to law shall meet the following conditions:

(a) according to the different stages of the project, its project proposal and budget estimate, or feasibility study report and budget estimate, or preliminary design and budget estimate, or construction drawing documents have been approved;

(2) The preliminary bidding scheme including the bidding method, bidding organization form and bidding scope has been approved by the project examination and approval department;

(3) There are corresponding funds or sources of funds that have been implemented;

(4) Having the documents, drawings and technical data required for the corresponding bidding stage;

(5) Other conditions stipulated by laws and regulations.

Due to special circumstances, the survey and design may conduct bidding activities before submitting the feasibility study report, but it shall be explained in the submitted feasibility study report.

Article 7 The preliminary bidding scheme shall meet the following conditions:

(a) the preliminary bidding scheme has been completed, in line with the current national technical and economic policies and relevant standards and norms;

(2) The preliminary bidding scheme includes the bidding scope, bidding organization form, bidding method, bid division and relevant materials to be submitted.

After the preparation of the tender preliminary scheme document, the relevant departments, the construction unit or the project legal person shall submit an application report for examination and approval to the project examination and approval department, which shall make an examination and approval decision within 20 days.

Article 8 The tender announcement of a project that must be publicly tendered according to law must be published in newspapers, information networks or other media designated by the development and reform department of the national or provincial people's government according to the project scale standard.

After the tender announcement or invitation to bid is issued, the tender shall not be terminated, except for force majeure.

The time from the date of issuing the tender announcement or invitation to bid to the date of starting to sell the tender documents shall not be less than 5 days.

Article 9 Projects using state-owned funds or state financing, or projects in which state-owned funds or state financing occupy a controlling or leading position, shall be subject to public bidding according to law. However, in any of the following circumstances, according to the nature of the project and the management authority, with the approval of the project examination and approval department, you can invite tenders:

(a) there are more than three potential bidders, but there are less than five potential bidders to choose from;

(two) the technology is complex or there are special requirements for the protection of proprietary technology and patent rights;

(3) Compared with the value of the project subject to tender, the cost of public bidding is relatively high;

(4) Other circumstances stipulated by laws and regulations.

The bidding method of other projects that must be subject to bidding according to law shall be decided by the tenderer.

In accordance with one of the circumstances listed in the first paragraph, it belongs to the provincial key construction projects determined by the provincial people's government, and the invitation to tender shall be approved by the provincial people's government.

After the tender report or scheme is completed, the relevant department or project legal person shall submit an application report to the project examination and approval department, which shall make a written decision within 20 days; The provincial people's government shall make a written decision on the provincial key construction projects that need the approval of the provincial people's government.

Article 10 The bidding organization forms are divided into the bidding organized by the tenderee itself and the bidding conducted by the tendering agency entrusted by the tenderee. A tenderer who organizes bidding by himself shall have the ability to prepare bidding documents and organize bid evaluation, and the bidding agency must have the corresponding qualifications recognized by the relevant administrative departments in the State Council or the provincial people's government.

Article 11 A procuratorial agency and a tenderer shall sign a written agency contract. A procuratorial agency shall act as an agent for bidding matters within the scope entrusted by the tenderer and abide by the provisions of these regulations on the tenderer.

The tendering agency entrusted by the tenderer shall not accept the tendering agency and tendering consulting services of the same project subject to tender, shall not have affiliation or other interests with the bidders of the same project subject to tender, shall not disclose business secrets, and shall not participate in or participate in the tendering related services of the same project subject to tender in disguise. Without the consent of the tenderer, the bidding agency shall not transfer the bidding agency business.

A procuratorial agency shall collect agency fees from clients in accordance with the provisions of the competent price department of the national and provincial people's governments, and shall not set up charging items or raise charging standards without authorization.

Article 12 A procuratorial agency may, according to its corresponding qualifications, accept the entrustment of a tenderer and undertake the following tender matters:

(a) in the name of the tender plan, issue a tender announcement or an invitation to bid;

(2) Examining the representative qualifications of bidders;

(three) the preparation and sale of tender documents;

(four) organize bidders to visit the project site and answer questions;

(five) the preparation of pre-tender estimate;

(6) receiving bid documents;

(7) Organizing bid opening and evaluation and submitting a written evaluation report;

(8) Drafting contracts;

(nine) a written report on the bidding situation;

(10) Other matters entrusted by the tenderer.

Thirteenth potential bidders need to conduct pre-qualification, the tenderee or tendering agency shall conduct it in accordance with the conditions stipulated in the tender announcement or invitation to bid. Pre-qualification shall include the following contents:

(a) whether it has the qualification of a legal person;

(two) whether it has the corresponding qualifications and ability to perform the contract;

(three) whether it is in the state of being ordered to suspend business, the property being taken over or frozen or bankrupt, whether it is in the period of being disqualified from bidding, and whether the performance may be affected by litigation or arbitration;

(four) in the form of a consortium, whether there is a * * * and the bidding agreement, and whether the parties to the consortium have the corresponding qualifications;

(5) Performance in the last three years;

(six) other matters stipulated by laws and regulations.

A tenderer may not restrict or exclude potential bidders with conditions not specified in the tender announcement or invitation letter.

Article 14 A tenderer or a tendering agency shall prepare the tender documents according to the characteristics and needs of the project subject to tender. The bidding documents mainly include the following contents:

(1) Instructions to Bidders;

(2) Project qualification, qualification examination conditions of bidders, relevant qualifications and credit certification documents required by bidders;

(three) the nature, scope, scale, quantity, standards and technical terms of the project subject to tender, as well as the corresponding drawings and materials;

(four) evaluation criteria, methods and conditions for winning the bid;

(five) the format and preparation requirements of the tender documents, as well as the number of originals and copies;

(6) List of tender offer;

(seven) the way, place and deadline for submitting the bid documents;

(eight) the validity of the bid, the time and place of bid opening, and the timetable for bid evaluation and calibration;

(nine) the main terms of the contract;

(10) Requirements for bid bond or bid guarantee, performance bond or performance guarantee and other bidding auxiliary materials;

(eleven) the administrative supervision department accepts complaints and reports.

The tender documents shall not require or indicate a specific patent, trademark, name, design, country of origin or production supplier, and shall not contain any content that restricts, excludes or discriminates against potential bidders.

Article 15 The bid evaluation criteria, methods and conditions for winning the bid in the tender documents shall be clear and specific, and shall not be changed during the bid evaluation. If it is really necessary to change, it must be notified in writing before the deadline for bidding 15.

Bidder. The changed contents shall be taken as an integral part of the tender documents.

The bid evaluation methods include the evaluated lowest bid price method or the comprehensive evaluation method or other bid evaluation methods permitted by laws and regulations.

Sixteenth projects that must be subject to tender according to law, the tenderer shall submit the tender documents to the relevant administrative supervision departments for the record five days before the sale of the tender documents, according to the nature and management authority of the project. The relevant administrative supervision departments shall not participate in the preparation of tender documents.

The tenderer or tendering agency shall sell the tender documents at the time and place specified in the tender announcement or invitation to bid.

Seventeenth bidding projects generally do not have a pre-tender estimate; If a pre-tender estimate is set, only one pre-tender estimate can be set.

The pre-tender estimate shall be prepared by the tenderer himself or by an intermediary agency with corresponding qualifications. The pre-tender estimate and its preparation process must be kept strictly confidential.

The administrative supervision department shall not force the tenderer to prepare or submit the pre-tender estimate for review, and shall not interfere in the determination of the pre-tender estimate.

Eighteenth legal persons who provide consulting services for the preliminary work of a project subject to tender shall not participate in the project bidding.

A tenderer shall not participate in the bidding activities of its project subject to tender, and a bidder shall not participate in the bid evaluation activities.

Nineteenth bidders should have the ability to undertake the project subject to tender, and should provide the following documents and materials to the tenderer when bidding:

(1) Copy of business license or business license and qualification certificate with official seal of legal person and legal representative, copy of qualification certificate with official seal of legal person and legal representative, copy of legal representative's certificate and its ID card, or copy of power of attorney of legal representative and its client's ID card;

(2) Reputation and performance in the last three years;

(3) Relevant performance materials;

(4) Other documents and materials specified in the tender documents.

Article 20 A bidder shall prepare his bid documents in accordance with the requirements of the tender documents. The bidding documents mainly include the following contents:

(1) Letter of Bid;

(2) Bid bond or bid guarantee;

(three) to complete the technical scheme, implementation method, technical personnel and equipment configuration and organizational management measures of the project subject to tender;

(four) measures to ensure the quality, safety and time limit for a project subject to tender;

(5) List of tender offer;

(six) other relevant materials required by the tender documents.

According to the actual situation of the project stipulated in the tender documents, if the bidder intends to subcontract some non-main and non-critical work of the winning project after winning the bid, it shall be stipulated in the tender documents.

In case of bidding in the form of consortium, the bidding documents shall contain the same bidding agreement.

Article 21 If a bidder entrusts others to prepare the tender documents, the entrusted party shall not disclose the business secrets of the bidder to others, nor shall it prepare the tender documents for other bidders who participate in the bidding of the same project.

Article 22 After the deadline for submission of bid documents determined in the tender documents, a bidder shall not modify or withdraw his bid documents, otherwise his bid qualification will be cancelled and his bid bond will not be returned.

Twenty-third a tenderer or a procuratorial agency shall not have the following acts:

(a) before the bid opening, open the tender, inform the bidder of the bidding situation, or replace or change the bidding documents for the bidder;

(two) to disclose the pre-tender estimate to the bidder;

(3) the winning bidder who breaches the contract in advance;

(4) Asking or accepting bribes from bidders;

(five) other illegal acts that affect fair competition.

Twenty-fourth bidders shall not have the following acts:

(a) colluding with each other to prepare the tender documents, raising or lowering the tender offer;

(two) by bribing the tenderer or members of the bid evaluation committee, or lowering or raising the bid price in bidding, colluding with the tenderer to bid for the bid, and then giving extra compensation to the tenderer or other bidders after winning the bid;

(3) Obtaining the qualifications or qualification certificates of other legal persons or organizations by means of affiliation, transfer or lease, or defrauding the bid by other means;

(four) as two or more bidders or members of the consortium to participate in the same project bidding;

(five) other illegal acts that crowd out other bidders for fair competition.

Consulting, survey, design, construction, supervision, bidding agency and other units shall not transfer, lease or assign their qualification certificates to other legal persons, organizations or individuals.

Twenty-fifth the tender documents require bidders to submit a bid bond or bid security, the bidder shall submit it to the tenderer when serving the tender documents. The bid bond or bid guarantee is generally 0.5% to 2% of the estimated contract price. Article 26 The bid opening shall be conducted in public at the same time as the deadline for submission of bid documents determined in the tender documents. The bid opening shall be presided over by the tenderee or tendering agency, and all bidders shall be notified to attend.

At the time of bid opening, the bidder or its elected representative shall check the sealing of the bid documents, and the tenderee or tendering agency shall check the original documents required by the bidder in the first paragraph of Article 19 of these regulations, or a notary agency entrusted by the tenderee shall check and notarize them; After it is confirmed, it will be opened in public, and the name of the bidder, tender offer and other main contents of the tender documents will be read out.

Article 27 The bid opening process shall be recorded and filed for future reference after being signed by the host and relevant supervisors present. The contents of the bid opening record include:

(a) the name, scale and quantity of the project subject to tender;

(2) Time and place of bid opening;

(3) Units and personnel participating in the bid opening;

(four) the name of the bidder and its tender offer;

(5) Other matters that should be recorded.

Twenty-eighth the composition of the bid evaluation committee, bid evaluation and calibration shall be conducted in accordance with the relevant provisions of the state. The bid evaluation committee is generally set up by the tenderer within 24 hours before the bid opening. The list of members of the bid evaluation committee and the bid evaluation process shall be kept confidential before the announcement of the bid winning result.

Twenty-ninth experts of the bid evaluation committee shall be determined by the tenderer from the list of experts provided by the relevant departments of the State Council or the relevant departments of the provincial people's government or the list of experts in the expert database of the bidding agency.

When determining bid evaluation experts, general bidding projects can be randomly selected; Projects with particularly complex technology, high professional requirements or special requirements of the state can be directly determined by the tenderer.

The provincial people's government shall establish a complete roster of bid evaluation experts.

Thirtieth in any of the following circumstances, shall not serve as a member of the bid evaluation committee of this province:

(a) the on-the-job staff of the bidder, or the close relatives of the person in charge of the bidder;

(two) the staff of the project department or the administrative supervision department;

(three) interested in the bidder, which may affect the fair evaluation;

(4) Having been subjected to administrative punishment for illegal acts in tendering and bidding activities for less than 3 years or having been subjected to criminal punishment.

Article 31 The bid evaluation and selection shall be completed within 30 days after the bid opening. If it cannot be completed on time, the tenderer shall notify all bidders of the extension period. Bidders who refuse to extend the time limit and give up bidding have the right to recover the bid bond or bid guarantee. If the extension of the time limit causes losses to the bidder, the tenderer shall compensate the bidder, except for force majeure.

Article 32 In any of the following circumstances, the bid evaluation committee shall deem it invalid:

(a) the documents required by the bidder in the first paragraph of Article 19 of these regulations are not uniform;

(2) The bid letter does not have the official seal of the bidder and the seal and signature of the legal representative or the agent authorized by the legal representative;

(3) The bid documents are not filled in the format specified in the tender documents, or the contents are incomplete or unclear, or the altered place is not stamped with the official seal of the bidder and the seal of the legal representative;

(4) Two or more bidding documents submitted by bidders with different contents do not indicate which one is valid, or two or more quotations for the same project subject to tender in a bidding document do not indicate which one is valid;

(five) the bidder and the prequalified unit are inconsistent in name and organizational structure, and can not provide legal and effective proof of the transfer of their rights and obligations;

(six) without the same bidding agreement, bidding in the form of a consortium;

(seven) the bidder fails to provide a bid bond or bid guarantee in accordance with the requirements of the tender documents;

(eight) the tender offer is obviously lower than the cost, and the bidder can not reasonably explain or provide relevant certification materials;

(nine) the tender documents failed to make a substantive response to the requirements and conditions put forward in the tender documents;

(ten) bidders bid in the name of others, bid in collusion, bid in bribery or bid in fraud;

(eleven) the tender documents are accompanied by conditions unacceptable to the tenderer;

(12) Meet other conditions for bid rejection specified in the tender documents.

Article 33 The bid evaluation committee shall complete the bid evaluation within 00 days after the bid opening, and submit a written bid evaluation report to the tenderer. The contents of the written bid evaluation report shall include: basic information and data sheet of the project, list of members of the bid evaluation committee, bid opening, qualified bid list, bid evaluation, bid evaluation list, bidder ranking, recommended 1 3 winning candidate list and other relevant information.

Article 34 A tenderer shall, within 10 days from the date of receiving the bid evaluation report put forward by the bid evaluation committee, determine the winning bidder in the order of the list of winning candidates, and publicize the winning result for not less than 3 days.

If the bid evaluation committee is entrusted by the tenderer to directly determine the winning bidder, the tenderer shall publicize the winning bidder determined by the bid evaluation committee in accordance with the provisions of the preceding paragraph.

If there is any objection after publicity, it shall be handled by the relevant administrative supervision departments according to law.

Article 35 A tenderer may not illegally determine the winning bidder. If the conditions of the successful candidates are equal and the order cannot be determined, the tenderer shall determine the successful bidder on the spot.

The relevant administrative supervision departments shall not interfere with the tenderer to determine the winning bidder independently by means of examination and approval, approval, licensing and filing.

Article 36 A tenderer shall issue a bid-winning notice to the winning bidder within 5 days after the bid-winning result is publicized without objection, and notify other bidders of the bid-winning result.

The tenderer shall not ask the winning bidder to reduce the quotation, increase the workload, shorten the construction period or make other unreasonable demands, and take this as a condition for issuing the letter of acceptance.

Article 37 A tenderer and a winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, sign a written contract in accordance with the tender documents and the bid documents of the winning bidder.

The contract price of a construction project subject to tender according to law must be controlled within the approved estimated investment or estimated investment, and shall not be lower than the project cost.

If the tender documents require the winning bidder to submit a performance bond or performance guarantee, the winning bidder shall submit it; If the winning bidder requests the tenderer to submit the performance bond, the tenderer shall submit it.

Article 38 If the winning bidder puts forward additional conditions to the tenderer when signing the contract, or refuses to submit the performance bond or performance guarantee, or voluntarily abandons the bid, or fails to sign the contract within the time specified in the tender documents, the tenderer has the right to cancel the qualification of winning the bid, and its bid bond will not be returned. The tenderer shall, in accordance with the order of the list of successful candidates, separately determine the winning bidder and publicize it.

The tenderer and the winning bidder shall, within 5 days from the date of signing the contract, return the bid bond or bid guarantee of the winning bidder and other bidders.

Thirty-ninth projects that must be subject to tender according to law, the tenderer shall, within 5 days from the date of determining the winning bidder, submit a written report on the bidding situation to the relevant administrative supervision departments for the record.

A written report on the bidding situation shall include the following contents:

(a) the scope of the tender;

(two) the way of bidding, the form of bidding organization and the media that issued the bidding announcement;

(3) Instructions to bidders, technical terms, bid evaluation standards and methods, conditions for awarding contracts, main terms of contracts, etc. In the tender documents;

(4) Bid evaluation report;

(5) The result of winning the bid;

(six) other related matters that need to be reported.

Where pre-qualification is implemented, the written report shall include pre-qualification documents and pre-qualification results.

Article 40 A tenderer may not designate subcontractors for the winning bidder.

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. Forty-first relevant administrative supervision departments shall perform the following supervisory duties for bidding activities:

(a) to supervise and inspect whether the behavior of the parties involved in bidding activities conforms to the authority and procedures stipulated by laws and regulations;

(two) to supervise and inspect the relevant documents and materials of the bidding activities and verify their legality and authenticity;

(three) to supervise and inspect whether the process of prequalification, bid opening, bid evaluation and calibration is legal and whether it conforms to the provisions of prequalification documents and bidding documents;

(four) to supervise and inspect the implementation of the bidding results.

Article 42 The relevant administrative supervision departments may accept complaints and reports by means of on-site supervision, comprehensive inspection, special law enforcement inspection, key spot check, inspection of major projects and filing, supervise bidding activities, and investigate and deal with illegal acts according to law.

The relevant administrative supervision departments shall promptly notify the project examination and approval department of the problems found in the process of law enforcement supervision, and the project examination and approval department shall suspend the implementation of the project or suspend the disbursement of funds according to the situation.

Forty-third the relevant administrative supervision departments in the process of supervision and management, shall not charge any administrative fees to tenderers, bidders, bidding agencies and other parties to the bidding activities. Except as otherwise provided by laws and regulations.

Article 44 If the parties or other interested parties to the bidding activities think that the bidding activities do not conform to the relevant laws, regulations and the relevant provisions of these Regulations, they have the right to complain and report to the relevant administrative supervision departments and other relevant state organs, and the relevant departments shall investigate and deal with them within 30 days from the date of acceptance, and reply to the complainant and informant about the handling.

Article 45 The administrative supervision organs of the people's governments at or above the county level shall, in accordance with the law, strengthen the supervision and inspection of the relevant administrative supervision departments' compliance with and implementation of the relevant laws, regulations and these Regulations, and accept and investigate reports of violations of laws and regulations by the relevant administrative supervision departments and their staff in intervening in bidding activities.

Forty-sixth provincial people's government should establish the province's bidding supervision service network, and establish a record system for illegal activities of the parties involved in bidding activities. Record the illegal acts and treatment results of the tenderee, tendering agency, bidders, members of the bid evaluation committee and other parties to the bidding activities for the inquiry of the parties to the bidding activities, relevant administrative supervision departments and the public. Article 47 If a project that violates the provisions of these Regulations and must be subject to tender according to law, its preliminary tender plan shall be approved by the project examination and approval department, or if it is not subject to tender according to the preliminary tender plan approved by the project examination and approval department, the relevant administrative supervision department shall order it to make corrections within a time limit, and may suspend the project execution or fund disbursement of all or part of the projects that use state-owned funds; If the circumstances are serious, the bid may be declared invalid; The person in charge and other persons directly responsible for the unit shall be given administrative sanctions according to law.

Article 48 If a tenderer or a procuratorial agency entrusted by him violates the provisions of the first and third paragraphs of Article 8 and the second paragraph of Article 16 of these Regulations, the relevant administrative supervision department shall order him to make corrections within a time limit and may impose a fine of 6,543,800 yuan to 30,000 yuan.

Article 49 Whoever, in violation of the provisions of the second paragraph of Article 8, the first paragraph and the third paragraph of Article 9 of these regulations, terminates or invites bidding without authorization shall be ordered by the relevant administrative supervision department to make corrections or declare the bidding invalid, and may be fined between 654.38 million yuan and 50,000 yuan; For all or part of the use of state-owned funds, you can temporarily

Stop the project execution or suspend the disbursement of funds; The person in charge directly responsible for the unit and other directly responsible personnel.

Give administrative sanctions according to law; Losses caused to bidders and other interested parties shall be borne by the tenderee according to law.

Liability for compensation.

Article 50 If a bidding agency violates the provisions of Article 11 of these regulations, its bidding agency is invalid, and the relevant administrative supervision department shall impose a fine of 20,000 yuan to 50,000 yuan, and the directly responsible person in charge and other directly responsible personnel of the unit shall impose a fine of 2,000 yuan to 5,000 yuan.

Article 51 Where a tenderee violates the provisions of the first paragraph of Article 16, the first paragraph of Article 36 and the first paragraph of Article 39 of these Regulations, the relevant administrative supervision department shall order it to make corrections, and may suspend the implementation or disbursement of funds for projects that use state-owned funds in whole or in part.

If a tenderer violates the provisions of Article 37 of these regulations, it shall be dealt with in accordance with the provisions of the preceding paragraph, and if losses are caused to the winning bidder, it shall be liable for compensation according to law.

Article 52 Anyone who violates the provisions of Articles 18 and 21 of these regulations shall be ordered by the relevant administrative supervision department to make corrections within a time limit, and may be fined between 20,000 yuan and 50,000 yuan, and the directly responsible person in charge and other directly responsible personnel of the unit shall be fined between 2,000 yuan and 5,000 yuan; For all or part of the use of state-owned funds for the project, you can suspend the project execution or suspend the disbursement of funds; If the circumstances are serious, it may be announced.

Invalid bidding; The person in charge and other persons directly responsible for the unit shall be given administrative sanctions according to law.

Article 53 If a tenderer or an entrusted tendering agency violates the provisions of these Regulations, commits fraud in tendering activities, or fails to conduct pre-qualification according to the conditions specified in the tender announcement and invitation to bid, or changes the bid evaluation criteria, methods and conditions without authorization, or fails to publicize the bid-winning results, the relevant administrative supervision department shall order it to make corrections within a time limit or declare the bid-winning invalid. A fine of more than 5‰ 10‰ of the estimated contract price of the project may also be imposed.

Article 54 If a tenderer violates the provisions of the first paragraph of Article 40 of these regulations, the subcontract shall be invalid, and the relevant administrative supervision department shall impose a fine of not less than 5 ‰ but not more than 5 ‰ of the amount of the subcontracted project; If there are illegal gains, the illegal gains shall be confiscated.

Article 55 Anyone who violates the provisions of Articles 23, 24, 28, 29 and 30 of this Ordinance shall be punished in accordance with the provisions of relevant laws and regulations.

Fifty-sixth any unit or individual in violation of the provisions of this Ordinance, one of the following circumstances, the relevant administrative supervision departments shall be ordered to make corrections. The person in charge directly responsible for the unit and other directly responsible personnel, who belong to the staff of state organs, shall be given administrative sanctions by administrative supervision organs according to law; Do not belong to the national staff, proposed by the administrative supervision organs, punished by the relevant departments and units:

(1) Restricting or excluding legal persons or other organizations outside the local area and system from participating in the bidding;

(2) Appointing a tendering agency for the tenderee;

(three) forcing the tenderer to entrust a bidding agency to handle the bidding matters;

(four) without authorization to increase the examination and approval, approval, licensing, filing matters;

(five) forcing the tenderer to prepare or submit the pre-tender estimate, or interfering with the tenderer in determining the pre-tender estimate;

(6) illegally interfering with the tenderer's pre-qualification of bidders, compiling bidding documents, setting up a bid evaluation committee, determining the time and place of bid opening, and the tenderer's autonomy in bid opening, bid evaluation, determining the winning bidder and signing contracts;

(seven) in violation of laws and regulations, collect administrative fees from the parties to the bidding activities;

(eight) favoritism, abuse of power, dereliction of duty, bribery, which does not constitute a crime;

(nine) illegal intervention in bidding activities by other means. Article 57 For projects involving national security, state secrets, emergency rescue and disaster relief that are not suitable for bidding, and projects that are not suitable for bidding under special circumstances, such as using poverty alleviation funds to work for relief, and requiring the use of migrant workers, if the design and construction enterprises have the corresponding qualifications to use self-raised funds for self-construction and self-use, they may not invite bidding in accordance with the relevant provisions of the state and the province.

Fifty-eighth provincial people's government shall formulate supporting provisions for bidding according to these regulations.

Article 59 These Regulations shall come into force on June 1 2003.