5 thoughts on “How to effectively prevent the construction unit from siege?”

  1. The measures for the handling of bidding and bidding regulations in Shenzhen

    III to further standardize the bidding and bidding activities of our city, strengthen the supervision and management of bidding bid activities, investigate and deal with the disciplinary and illegal acts in bidding and bidding activities. The laws, regulations, rules, and regulations of the People’s Republic of China Administrative Supervision Law, the “People’s Republic of China Bidding and Bidding Law”, the “Interim Regulations on the National Civil Service” and the “Regulations on Disciplinary Actions of the Chinese Communist Party” formulate these measures.
    Itly, these Measures are applicable to the party’s organs, the people’s congress agency, administrative agency, the CPPCC agency, the judgment agency, the procuratorial organs, the people’s organization, the state -owned enterprise, the public institutions and their staff during the bidding activities of the city.
    The specific scope of the staff mentioned in the preceding paragraph shall be determined in accordance with Article 34 of the Communist Party of China Disciplinary Action.
    Is that the tenderer has one of the following behaviors, shall deal with it in accordance with Article 9 of these Measures:
    (1) It is necessary to perform bidding projects that must be bidded in accordance with regulations, or projects that must be made public bidding. Public bidding shall be implemented in accordance with regulations;
    (2) Projects that must be bidded by bidding, or delay time that causes bidding to become emergency projects, or avoid bidding in other ways;
    (3 (3) ) If the leak should be kept confidential or information related to the bidding and bidding activities;
    (4) In violation of the law to organize the bidding or entrust the agency of the agency to bid for the bidding of the agency;
    (5) No) No) If the bidding information is issued in accordance with the regulations, it provides false bidding information;
    (6) In the process of setting the bidding registration conditions or the pre -examination of the bidder, it is restricted, rejected potential bidders, or excludes potential bidders, or For potential bidders to implement differential treatment or discrimination benefits;
    (seven) with bidding agencies, bidding service agencies or bidders to collude with bidding, or before determining the bidder, violating the relevant regulations and the bidder’s target price , Technical parameters, bidding plans and other substantive content for negotiation;
    (8) Inappropriate intervention of the normal bid evaluation activities of the bid evaluation committee;
    (9) Outside the project to determine the bidder, or the projects that must be bidded in accordance with the law, if all the bidding committees have been rejected by the bid evaluation committee, determine the winner of the bid; R n (11) Those who do not sign a contract with the winning bidder without justified reasons;
    (12) Following the bidding documents and the bidding documents of the bidding person, or the bidder of the winner The agreement of the substantive content;
    (thirteen) violates the contract and requires the winning bidder to subcontract or transfer;
    (14) Cisoning, accepting bidders for bribes or obtaining other improper benefits;
    (15) It is not as good as the relevant information of the bidding and bidding activities properly;
    (16) Rejects the supervision and inspection of the relevant departments in accordance with the law, or provides false situations during supervision and inspection by the relevant departments;
    (17) seriously affects other behaviors of the normal conduct of bidding and bidding activities.
    It if a public institution or state -owned enterprise has one of the following actions as a bidder, it is handled in accordance with Article 9 of these Measures:
    (1) Provide false qualification documents to participate in the bid;
    (2) Bid bids and bids with each other, exclude the fair competition of other bidders, damage the legitimate rights and interests of the bidder or other bidders, or collude with each other and manipulate the bid price; , Bidding agency or bidding service agency colludes bidding to harm national interests, public interests, or legitimate rights and interests of others;
    (4) Bid in the name of others, allow others to bid in their own names or falsify in other ways, deceive them to obtain them, and deceive them. In the winner of the bid;
    (5) The bidder, the bidding agency, the bidding service agency, the members of the bidding committee, or the other members of the bidding bidding activities bribe or provide other unfair interests;
    (six of the six ) Improper intervention of the normal bid evaluation activities of the bid evaluation committee;
    (7) seriously affect other behaviors of the normal conduct of bidding and bidding activities.
    It, if a public institution or state -owned enterprise has one of the following actions as a winning bidder, it is treated in accordance with Article 9 of these Measures:
    (1) Transfer the winning projects to others, or split the winning bid project for spin -off projects After transferring to others;
    (2) Packing the parts and key work of the winning project to others;
    (3) If there is no proper reasons, they will not sign a contract with the bidder; n (4) Following the bidding documents and the bidding documents of the bidder, or the bidder shall be established with the bidder, or an agreement on the substantive content of the contract is established;
    (5) seriously affects other behaviors of the bidding bidding activities normally.
    Is 6 of the bidding agency, bidding service agency and their staff have one of the following actions, and handle it in accordance with Article 9 of these Measures:
    (1) No qualification for bidding agency or surpassing agency qualifications The bidding agent business;
    (2) the planning or instability of the project that should be bidded in accordance with the regulations;
    (3) The leakage should be confidential or information related to the bidding bidding activities;
    (4) The bidder and bidder colluded with false bids to harm national interests, public interests or legitimate rights and interests of others;
    (5) violation of bidding procedures and work specifications, leading to unfair competition or damage to damage The legitimate rights and interests of the bidder;
    (6) deliberately made difficulties, refuse to bid bidding declaration, or intentionally do not allow the qualified bidder to win the bid, which affects the normal development of the bidding and bidding activities;
    (seven) Properly preserve the original records of the bidding and bidding activities;
    (8) Rejects the supervision and inspection of the relevant departments in accordance with the law, or provide false situations when the relevant departments shall be provided in accordance with the law The bidder bribes or obtains other improper interests;
    (10) Improper intervention of the normal bid evaluation activities of the bid evaluation committee;
    (11) other behaviors of the normal conduct of the bidding bidding activities seriously affect the bidding and bidding activities.
    The personnel who participated in the production of bidding documents, members of the bid evaluation committee, and other relevant staff participating in the bid evaluation have one of the following acts, according to Article 9 of these Measures:
    (1) and and and and. The bidder has a relative relationship, economic interests, or other interests. It should be proactively avoided. ;
    (3) Persons who produce bidding documents collude with each other or collude with the bidders, and the production and review of the bidding bottom are failed to be fair;
    (4) The bid evaluation members collude with each other or collude with the bidder to evaluate the bidder and evaluate the bidding Opinions are failed to be fair;
    (5) Leakage the evaluation of the bidding documents, the recommendation of the bid candidate, etc., or the leakage of other bidding bidding activities and materials that should be kept in accordance with the law; r;
    (6) Involved in the bidder privately, requesting, accepting bidders, bribes of bidders, or obtaining other improper benefits;
    (7) Improper intervention of the bid evaluation activities of the bid evaluation committee;
    ( 8) seriously affect other behaviors of the normal conduct of bidding and bidding activities.
    It, the administrative department of bidding and bidding, administrative supervision department, other relevant departments and their staff who have one of the following actions shall be handled in accordance with Article 9 of these Measures:
    (1) Bidder, bidder, bidder,招标人串通,设置不合理的条件限制、排斥潜在投标人参加投标的; rn  (二)为招标人指定招标代理机构或违反规定强制招标人委托招标代理机构办理招标事宜的,或者以Other methods interfere with the bidding bidding activities;
    (3) provide false certification documents for the bidder, or neglect the duty, the certification documents issued are seriously false; , Affecting the bidding and bidding activities normally;
    (5) The leakage should be confidential or information related to the bidding bidding activities according to law; Other improper interests;
    (7) Do not review, supervise the bidding and bidding activities in accordance with relevant regulations, or not deal with complaints on bidding and bidding; Bid evaluation activities;
    (9) Other negligence in the supervision and management of bidding and bidding.
    Is who have one of the acts of Article 3 to 8 of these regulations shall be given the following administrative discipline: give it to the person in charge and other directly responsible persons to reserve or remembers the punishment; the circumstances are relatively heavy. For relegation or dismissal; if the circumstances are severe, they will be fired.
    Mee members of the Communist Party of China in the previous paragraph shall be given corresponding party disciplinary sanctions in accordance with Article 124 of the Communist Party of China. If other regulatory documents of the party have special regulations, in accordance with its provisions.
    The leading cadres use their powers to intervene in bidding and bidding activities, and seek private interest for individuals or relatives and friends, and shall be re -punished in accordance with these measures.
    The scope of leading cadres referred to in the preceding paragraph, in accordance with the “CPC Central Committee’s Discipline Inspection Commission’s Supervision Department of the Commission for Discipline Inspection of the Communist Party of China on the use of authority to use its powers to intervene and intervene in the construction project bidding, operating land use right transfer, real estate development and operation and other market economy activities Article 9 of the handling of personal and relatives’ personal interests.
    The relevant personnel who violate the provisions of these Measures shall be organized and investigated with relevant departments in accordance with the authority of cadres in accordance with the authority of cadres. Those who are suspected of criminal crimes are transferred to the judicial organs for handling.
    It with one of the acts of Article 3 to 8 of these regulations, according to the actual situation, if necessary, the person in charge and other directly responsible persons may be dismissed or fired by the relevant departments. Organization.
    The illegal violations of government procurement and bidding activities, the “Law on the Government Procurement Law of the People’s Republic of China” and the “Regulations on the Procurement of the Shenzhen Special Economic Zone Government” The method is executed.
    The 14 of these measures shall be explained by the Shenzhen Discipline Inspection Commission and the Shenzhen Municipal Supervision Bureau.
    The Article 15 These Measures will be implemented from the date of release.

  2. Announcement of the Executive Committee of the Fourth People’s Congress of Shenzhen City
    (No. 49)

    “Special Treatment Regulations for serious illegal acts in the construction market in Shenzhen” The tenth meeting of the committee passed on January 24, 2007, and the 33rd meeting of the Standing Committee of the Tenth People’s Congress of Guangdong Province was approved on July 27, 2007. It is now announced. From September 1, 2007, Practice.

    The Standing Committee of the Shenzhen Municipal People’s Congress
    The August 15, 2007,

    Stherbone in Shenzhen construction market R n (January 24, 2007, the 10th meeting of the Standing Committee of the Fourth People’s Congress of Shenzhen City passed the 33rd meeting of the Standing Committee of the Tenth People’s Congress of Guangdong Province on July 27, 2007 Approval)

    It Article 1 In order to maintain public safety and social stability, strengthen the treatment of serious illegal acts in the construction market, and formulate these regulations in accordance with relevant laws and regulations and combine the actual situation of the city.

    The serious violations of the construction market in this provision include:
    (1) Violation of safety production and engineering quality management regulations, leading to accidents, or rectification of hidden dangers of accidents. ;
    (2) In violation of the management regulations of the project bidding and bidding, the bidding is colluded;
    (3) arrears of the wages of labor workers, and the circumstances are serious.

    It construction unit illegal production and engineering quality management regulations, which leads to accidents, shall temporarily deduct their qualification certificates in accordance with the following regulations:
    (1) occurred occurred For general accidents, the temporary term is one month to three months;
    (2) a large accident occurred, the temporary period is four months to six months;
    (3) major accidents occurred in major accidents. Or a particularly major accident, the temporary period is seven months to twelve months.
    The relevant personnel who have the responsibility of accidents shall temporarily deduct their qualification certificates and job certificates related to production safety in accordance with the time limit specified in the preceding paragraph in accordance with the time limit stipulated in the preceding paragraph.

    Itch -4 engineering survey, design, supervision, testing and other units who are responsible for the accident shall temporarily deduct their qualification certificates in accordance with the following regulations:
    (1) ) If a general accident occurs, the temporary term is one month to two months;
    (2) a large accident occurred, the temporary period is three months to four months;
    (3) occurred Anyone or particularly major accidents are temporarily deducted from five months to six months.
    The relevant personnel who have the responsibility of accidents shall temporarily deduct their qualification certificates and job certificates related to production safety in accordance with the time limit specified in the preceding paragraph in accordance with the time limit stipulated in the preceding paragraph.

    It project survey, design, construction, supervision, and testing units violated the management of safety production and engineering quality management regulations, and there are hidden dangers of accidents. If the unqualified, the municipal construction administrative department temporarily deduct its qualification certificate until the rectification is qualified.

    Is that the bidder of the project construction project has one of the following situations, shall be handled by the bidding, and the construction administrative department shall be punished according to law:
    (1) Different bidders bidding documents content content content content There are abnormal consistency;
    (2) The bid quotation or quotation composition of different bidders is abnormal or regular or regular;
    (3) The bidding documents of different bidders are in the same unit or The same person’s preparation or consulting services and the formation of bidding documents have a substantial impact;
    (4) The project managers of different bidders have the same person;
    (5) Different from different bidding The bidder’s bidding documents are mixed with each other;
    (6) Different bidders use the funds of the same person or the same unit to pay the bid deposit or the anti -guarantee of the bid guarantee;
    (7) Different bidders The bidding documents are printed by the same computer or printed on the same subsidiary equipment;
    (8) Different bidders entrust the same person to handle bidding affairs;
    (9) Other stringing by the administrative department of construction according to law Bid behavior.

    The construction unit has one of the following situations. If the relevant departments are verified and determined, and after the promotion, if the labor wages are not paid, the municipal construction administrative department will temporarily deduct their qualification certificates until until it is until until it is until it is until it is until the qualification certificate is until it is until it is until it is temporarily deducted from its qualification certificate until it is until it is until it is until it is temporarily deducted from its qualification certificate until it is until until it is until it is until it is until its qualification certificate is until it is until it is until it is until it is temporarily deducted. Paying salary:
    (1) The arrears of salary for more than three months;
    (2) The arrears of wages of more than 50,000 yuan or more;
    (3) The number of people who arrears more than ten people will be more than ten or more. Essence

    It 8 to undertake the survey, design, construction, supervision, inspection, cost consulting, bidding agency and other units, as well as registered practicing personnel of the construction project in this city, and the project construction registered personnel shall declare to the municipal construction administrative department Information is established by the municipal construction administrative department.

    It 9 Investigation, design, construction, supervision, inspection, cost consulting, bidding agency and other units and their engineering construction practicing personnel who violate relevant laws, regulations or engineering construction for mandatory standards, municipal construction The administrative department shall load its illegal acts into its credit files and publicize it.

    If in Article 10 If the competent authority of the municipal construction administrative department temporarily deducts relevant qualifications and qualifications in accordance with these regulations, the issuing authority of the certificate shall be notified.

    Ifly, if a municipal construction administrative department violates the provisions of temporarily deducting qualifications and qualification certificates, the relevant departments shall give administrative sanctions to the person in charge and other direct responsible persons in accordance with the law.

    The temporary deduction qualifications and qualification certificates made by the municipal construction administrative department are not convinced, and the parties may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

    The specific implementation measures of Article 13 and 9 of these provisions shall be formulated within eighteen months from the date of implementation of the relevant departments.

    The 14 shall be implemented from September 1, 2007.

  3. This question is not easy to answer. Now listing two documents in Shenzhen, especially the nine labeling bids proposed in this document in 2007 can be referenced. At the same time, it is necessary to make a procedural legal without leaving loopholes. In addition, collective decisions must be achieved.

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