(a) illegal decision not to bid or invite bidding;
(two) the project subject to tender shall go through the formalities for examination and approval of the bidding scheme without approval;
(3) Failing to handle complaints or reports as required;
(4) Failing to perform supervisory duties;
(5) Interfering with the tenderee in selecting a tendering agency, setting up a bid evaluation committee or determining the winning bidder;
(6) interfering in qualification examination and bid evaluation;
(seven) forcing the tenderer to submit the pre-tender estimate or the maximum price;
(eight) illegal charges;
(nine) other administrative violations.
Article 53 Whoever, in violation of the provisions of these Regulations, fails to bid for a project that must be subject to bidding, breaks up the project that must be subject to bidding into parts or evades bidding by other means, shall be ordered to make corrections within a time limit and may be fined between 0.5% and 0. 10% of the contract amount of the project.
Fifty-fourth projects that must be subject to tender, the tenderer in any of the following circumstances, shall be ordered to make corrections within a time limit, or re tender, re evaluation, and impose a fine of 50 thousand yuan to 200 thousand yuan; The person in charge directly responsible for the unit and other directly responsible personnel shall be fined between 2000 yuan and 20 thousand yuan; Belong to the state-owned capital investment or state financing projects, can suspend the project capital injection:
(1) Failing to perform the examination and approval procedures of the bidding scheme or failing to conduct bidding according to the approved bidding scheme;
(two) the project should be open to tender by invitation;
(3) The pre-qualification documents and tender documents do not specify the bid evaluation standards, methods and detailed rules, or provide the bid evaluation standards, methods and detailed rules inconsistent with the pre-qualification documents or tender documents to the qualification examination committee and bid evaluation committee;
(4) Inviting unqualified bidders to participate in bidding;
(5) Examining the qualifications of bidders or limiting the number of bidders by drawing lots or shaking numbers;
(six) the state-owned capital investment or state financing of the project construction or goods bidding did not implement the maximum price;
(seven) should be re tender, not re tender;
(eight) the establishment of the pre-qualification committee and the bid evaluation committee is not in conformity with the relevant provisions.
In violation of the provisions of this Ordinance twentieth, shall be punished according to the provisions of the first paragraph of this article. Where laws and administrative regulations provide otherwise, such provisions shall prevail.
The tenderer shall be liable for compensation for economic losses caused to the bidder by re-tendering or re-determining the winning bidder. If the contract has been partially performed, and the re-tendering or re-determination of the winning bidder may cause great harm to the public interest, the tenderer may not be ordered to re-tender or re-determine the winning bidder, and the penalty shall be imposed according to the upper limit of the fine stipulated in the first paragraph of this article.
Article 55 In any of the following circumstances, a tenderer shall be ordered to make corrections within a time limit and be fined between 1 10,000 yuan and 50,000 yuan; If it causes economic losses to others, it shall be liable for compensation according to law:
(1) Terminating the tender without authorization after issuing the tender announcement or invitation letter;
(two) is a state-owned capital investment or state financing project bidding, qualification documents or bidding documents have not been reported to the relevant administrative departments for the record;
(3) Failing to inform the prequalification applicant of the prequalification results as required;
(four) to increase the proportion of bid bond without authorization or to collect other fees in disguise;
(five) publicity of the successful candidates;
(six) failing to determine the winning bidder according to the provisions or failing to issue the bid-winning notice within the specified time;
(seven) failing to determine the winning bidder in accordance with the provisions of these regulations.
Fifty-sixth projects that must be subject to tender, the tenderer in any of the following circumstances, given a warning, ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than five thousand yuan but not more than fifty thousand yuan shall be imposed:
(a) should be entrusted to tender and tender;
(two) did not publish a tender announcement in the designated media;
(three) the contents of the tender announcement issued by the same tender project in different media or the invitation to bid issued to different bidders are inconsistent;
(four) interfere with the qualification examination and bid evaluation;
(5) Failing to record the bid opening process truthfully;
(six) did not submit a written report on the tender.
Fifty-seventh bidders in any of the circumstances stipulated in Article twenty-first of these regulations, the bid is invalid; If the bid has been won, the bid is invalid, and a fine of more than 5% 10% of the bid amount shall be imposed, but the minimum amount shall not be less than 50,000 yuan. The person in charge directly responsible for the unit and other directly responsible personnel shall be fined more than 5% 10% of the unit fine; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be disqualified from participating in the bidding of projects that must be subject to tender according to law within one to two years, and shall be announced; If the case constitutes a crime, criminal responsibility shall be investigated according to law; Those who cause economic losses to others shall be liable for compensation according to law.
Fifty-eighth bidders have one of the circumstances stipulated in Article 22 and Article 24 of these regulations, and the bid is invalid; If the bid has been won, the bid is invalid, and the tenderer shall re-evaluate the bid; If economic losses are caused to the tenderee, it shall be liable for compensation according to law.
Bidders of a project subject to tender according to law who commit the acts listed in the preceding paragraph shall be fined between 0.5% and 0. 10% of the amount of the project subject to tender, but the minimum amount shall not be less than 50,000 yuan, and the directly responsible person in charge and other directly responsible personnel of the unit shall be fined between 0.5% and 0. 10% of the amount of the unit fine; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be disqualified from participating in bidding for projects that must be subject to tender according to law within one to three years, and shall be announced until its business license is revoked by the administrative department for industry and commerce. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 59 A procuratorial agency shall be given a warning and ordered to make corrections within a time limit in any of the following circumstances; A fine of not less than fifty thousand yuan but not more than one hundred thousand yuan; If the circumstances are serious, suspend its qualification as a bidding agent for one to two years; If it causes economic losses to others, it shall be liable for compensation according to law, and if it affects the evaluation results, it shall re-evaluate the bid or invite tenders according to law:
Undertaking bidding agency business beyond the scope of qualification;
(two) to undertake the bidding agency business in the name of others;
(3) Transferring or splitting the bidding agency business;
(four) to undertake the bidding agency or bidding consulting business of the same bidding agency project;
(five) illegally charging fees to the tenderer;
(six) other violations of the provisions of this Ordinance bidding procedures.
The tendering agency violates the provisions of Items (3), (5), (6) and (8) of Article 54 and Items (2), (3), (4) and (5) of Article 55 of these Regulations; Article 56 Items (2), (3), (4), (5) and (6) shall be handled in accordance with the provisions of the preceding paragraph.
Article 60 A member of a bid evaluation committee shall be disqualified from being a member of the bid evaluation committee in any of the following circumstances, and shall not participate in the bid evaluation of a project subject to tender according to law; If the circumstances are serious, a warning shall be given and a fine of not less than 3000 yuan but not more than 30000 yuan may be imposed:
(a) knowing that it should be avoided;
(two) private contact with bidders during the bid evaluation;
(3) AWOL in the process of bid evaluation;
(4) Failing to evaluate the bid according to the bid evaluation standards and methods stipulated in the tender documents;
(5) Other circumstances stipulated by laws and regulations.
If the above situation affects the bid-winning result, the bid-winning result is invalid.
Sixty-first except for force majeure, if the winning bidder abandons the winning project, his bidding qualification for one to two years will be cancelled; If the tenderer causes economic losses to the tenderer by re-tendering or selecting the winning bidder, it shall be liable for compensation according to law.
Article 62 If the tenderer and the winning bidder fail to conclude a contract in accordance with the tender documents and the winning bidder's bidding documents, or the tenderer and the winning bidder conclude an agreement that deviates from the substantive contents of the contract, they shall be ordered to make corrections; A fine of not less than 5/1000 but not more than 10/1000 of the amount of the winning project may be imposed.
If the winning bidder fails to perform the contract signed with the tenderer, the performance bond will not be refunded, and if the losses caused to the tenderer exceed the amount of the performance bond, compensation shall also be made for the excess; If the performance bond is not submitted, it shall be liable for the losses of the tenderer.
If the winning bidder fails to perform his obligations in accordance with the contract concluded with the tenderer, if the circumstances are serious, his bidding qualification for participating in the project subject to tender according to law within two to five years shall be cancelled and announced until the business license is revoked by the administrative department for industry and commerce.
Article 63 The administrative punishment stipulated in these Regulations shall be implemented by the relevant administrative departments in accordance with the division of responsibilities.