工商领域企业固定资产投资项目招标投标管理办法 Decree of the State Economy and Trade Commission of the Peoples Republic of C

Investment Projects in Industrial and Commercial Sectors as listed in Appendix V， and present them to the administrative department of bid invitation for archivist purposes after they are filled in and sealed by the project entities.

　　Article 31 The administrative departments o

f bid invitation accepts the complaints that arise in the activities of bid invitation， and make investigations in collaboration with other relevant departments. If the complaint is undersigned， a written reply shall be given to the undersigned after verification.

　　Article 32 The SETC inspects irregularly the work of the bid invitation agencies and the project entities that hold bid invitations by themselves.

　　Article 33 The SETC makes annual inspections over the qualifications of the bid invitation agencies of the fixed asset investment projects in the industrial and commercial sectors. The specific rules for the annual inspections of the qualifications shall be separately formulated.

　　Chapter V Penalty Provisions

　　Article 34 Where any project entity violates the provisions of Article 4 of the present Measures by evading bid invitations by ways of dismembering the project into smaller parts or by any other means， it shall be ordered to get right， and the project may be suspended from implementation； for the projects that is wholly or partly funded by state-owned capital， the funds may be suspended from appropriation； and sanctions shall be given to the persons-in-charge of the project entity that is directly in charge and other persons that are held to be directly responsible.

　　Article 35 Where any of the tenderers for bid colludes with each other in bid invitations or wins the bid by means of offering bribes or by fraudulent means， the bid winning shall be invalidated， and the offender shall be fined not less than 5‰ but not more than 10‰ of the value of the bid winning project， and the persons-in-charge of the bid tendering entity who are directly responsible and the persons who are held to be directly responsible shall be fined not less than 5‰ but not more than 10 ‰ of the fine imposed upon the entity. If any illegal gains have been incurred， such illegal gains shall be confiscated. If the circumstances are serious， the offender shall be disqualified from tendering for bids as provided in Article 4 of the present Measures within 1 or 2 years， or even the business license thereof may be canceled by the administration for industry and commerce. In case any losses have been caused to the project entity or the bid invitation agency， the offender shall be responsible for making compensations. If any crime has been constituted， the offender shall be subject to criminal liabilities.

　　Article 36 In case any bid invitation agency divulges any of the information or materials relating to the bid invitation or bid tendering activities that shall have been kept secret， or if it colludes with any bid caller or bid tenderer so as to impair the interest of the state， the general public， or the lawful interests of any other person， it shall be fined not less than 50，000 yuan but not more than 250，000 yuan， and the persons-in-charge of the agency who are directly responsible and other persons who are held to be directly responsible shall be fined not less than 5‰ but not more than 10‰ the fine imposed upon the agency. If any illegal gains have been incurred， such illegal gains shall be confiscated. The SETC shall， according to the seriousness of the offence， punish the offender by giving a written warning， circulating notices of criticisms， ordering to get right， suspending its qualifications from serving as a bid invitation agent for rectifications， degradation， and up to removing its qualification of serving as a bid invitation agent. If any loss has caused to any other person， it shall be responsible for making compensations. If any crime has been constituted， it shall be delivered to the judicial organs for criminal liabilities.

　　Article 37 The bid invitations and tenders for bid made by any institution that has failed to obtain the qualifications of bid invitation agency as provided by the SETC shall be invalidated. If any loss has been caused to any other people， the inst

itution shall be responsible for making compensations， and shall be punished by the competent administration for industry and commerce. If any crime has been constituted， the offenders shall be delivered to the judicial organs for criminal liabilities.

　　Any bid invitation agency that has obtained the qualifications for bid invitation agency violates the provisions of Article 11 of the present Measures by engaging in any bid invitation agency activities which do not match with its qualifications， it shall be ordered by the administrative department of bid invitation to get right， and， according to the seriousness of the offence， be given a punishment of giving written warnings， notices of criticisms， being ordered to make rectifications， being suspended from engaging in bid invitation agency business for rectifications， being degraded or even being disqualified from serving as a bid invitation agent. If any loss has been caused to any other person， it shall be responsible for making compensations. if any crime has been constituted， it shall be delivered to the judicial organs for criminal liabilities.

　　Article 38 Where any project entity that holds bid invitations by itself violates any of the provisions of any law， administrative regulation or the present Measures by negotiating with any of the bid tenderers concerning such substantive contents as the price for bid tendering， or bid tendering plans， etc. or restricts or excludes any other bid tenderer by means of unreasonable conditions so that the competition between bid tenderers is impaired， it shall be ordered to get right， and may be fined not less than 10，000 yuan but not more than 50，000 yuan. If the result of bid winning has been affected by such act， the bid winning shall be invalid.

　　Article 39 In case any project entity determines the bid winner beyond the candidates recommended by the bid appraisal committee or determines the bid winner on its initiative in a project that is subject to bid invitation after all the bids have been rejected by the bid appraisal committee， the bid winning shall be invalid， and the entity shall be ordered to get right and may be fined not less than 5‰ but not more than 10‰ the value of the bid winning project. The persons-in-charge of the project entity who are directly responsible and other persons who are held to be directly responsible shall be given a sanction according to law.

　　Article 40 In case any expert of the bid appraisal committee is absent without leave in the process of bid appraisal so that the normal appraisal of bids is affected， or if he fails to perform his duties impartially in the process of bid appraisal， or accepts the property or any other good of any bid tenderer or any other interested party， or if he divulges any information of appraising and comparing bids， the recommendation of candidates for bid winning， or any other information relating to the bid appraisal， he shall be given a warning with the property accepted being confiscated， and may be fined not less than 3，000 yuan but not more than 10，000 yuan. The members of the bid appraisal committee who commits any of the illegal acts as mentioned above shall be disqualified and may not participate in any of the bid appraisal of the projects as described in Article 4 of the present Measures. If any crime has been constituted， the offender shall be delivered to the judicial organs for criminal liabilities.

　　Article 41 If， after the bid winning notices have been sent， the project entity fails to enter into contracts with the bid winners according to the bid invitation documents and the bidding documents of the bid winners， or if the project entity and the bid winners enter into any agreement that is substantially incompatible with the contracts， the project entity shall be ordered to get right and may be fined not less than 5‰ but not more than 10‰ the value of the bid won. If any loss has been caused to the bid winner

， it shall be responsible for making compensations.

　　Article 42 In case， with the exception of failing to perform the contract due to force majeure， any bid winner fails to perform the contractual obligations， the caution money for performance shall not be returned， and it shall be disqualified from winning the bid. If the losses caused to the project entity exceeds the amount of caution money for performance， it shall compensate for the excess. If it fails to submit the caution money for performance， it shall be responsible for compensating for the losses of the project entity.

　　If any of the illegal act as described in the preceding paragraph is serious， the offender shall be disqualified from tendering for the bids as provided in Article 4 of the present Measures， or the business license thereof may even be canceled.

　　Chapter VI Supplementary Provisions

　　Article 43 The documents presented for archivist purposes as provided in the present Measures shall be validated automatically without the ratification of the administrative department of bid invitation.

　　Article 44 The power to interpret the present Measures shall remain with the SETC.

　　Article 45 The present Measures shall enter into force as of December 1， 2002. In case any of the provisions promulgated by the SETC prior to the present Measures conflicts with the present Measures， the present Measures shall prevail.

　　Appendixes：

　　I. Checklist of Purchase for Fixed Asset Investment Projects in the Industrial and Commercial Secto

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