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Hubei Province, Bidding Violations Of Disciplinary Rules

Original Language Title: 湖北省招标投标违法违纪行为处分规定

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Rule on the disposition of tenders in the northern province of Lake

(Conducted from 1 December 2009)

Article 1 establishes this provision in accordance with the Law on tendering in the People's Republic of China, the Civil Service Act of the People's Republic of China, the Civil Service Act of the People's Republic of China, the Civil Service Act of the Republic of China, the Civil Service Act of the executive branch and other relevant laws, regulations and regulations.

Article 2 contains units that solicit tenders for non-violent misconduct, who are directly responsible for supervisors and other persons directly responsible, as well as individuals who have tendered for misconduct. It is the following:

(i) Civil servants of the executive branch;

(ii) Staff members who are authorized by law, legislation and regulations to administer the functions of public affairs are authorized to be in accordance with the Civil Service Act of the People's Republic of China;

(iii) Staff members other than those authorized by the executive branch by law;

(iv) Persons appointed by executive organs in enterprises, utilities and social groups.

Units and individuals outside the province need to be held accountable for disciplinary action in violation of the solicitation laws, regulations and regulations, taking into account the recommendation of the executive branch that is exempted from it or has jurisdictional inspection bodies.

The laws, regulations, the State's decision and the regulations governing the disposition developed by the State Department's inspectorate, the Department of Personnel of the Department of State provide otherwise for the disposition of irregularities in tenders.

Article 3 contains one of the following acts by the solicitor, warnings or seizures of the responsible person concerned; more serious circumstances, giving excessive or lower-level disposal; and, in the case of serious circumstances, granting the removal of the term:

(i) No tender shall be made in accordance with the law and shall be converted into a piecemeal or otherwise circumvention of tendering by a project that must be made in accordance with the law;

(ii) The project to be openly solicited shall not be governed by a provision for the solicitation of tenders at the Integral Petition Centre or other solicitation services, or shall not be regulated by the solicitation procedures established by law, regulations, regulations and regulations;

(iii) The non-performance of the solicitation project approval and filing procedures as required;

(iv) In violation of the provision for the organization of tendering or the institution entrusted with the non-applicability of tendering, as well as the commission of an agency that goes beyond the scope of the agent;

(v) Projects that should be open to tendering without the approval of other means of tendering, or without issuing a notice of tendering, shall not be issued through press, information networks or other media designated by the State, the Government of the province;

(vi) Discriminatory treatment of potential bidders by unwarranted conditionalities or exclusion of potential bidders, oblige tenderers to form joint tenders or limit competition among tenderers;

(vii) To disclose to others the names, number or other circumstances of potential bidders who have obtained the solicitation documents;

(viii) Consultations with tenderers on substantive elements, such as tender price, tendering programmes, prior to the identification of the bidder;

(ix) Determine, beyond the successful candidates recommended by the Commission in accordance with the law, that the marker shall not be determined in accordance with the ranking order of the successful candidate, or that the tendering project must be made in accordance with the law shall be determined by the markor itself after the rejection of all tenders by the Commission;

(x) No written contract shall be concluded in accordance with the solicitation documents and the tender documents of the marker, or other agreements that are contrary to the substantive content of the contract with the medium holder;

(xi) Compilation of tenders with solicitation agents, solicitation services or tenderers to undermine the interests of the State, the public interest of society or the legitimate rights and interests of others;

(xii) Other actions that affect tendering activities in public, fair and fair terms.

The solicitation agent commissioned by the solicitation agent is subject to the provisions of paragraphs (ii), (v), (vi) and (vii) of the previous paragraph.

Article IV: The solicitation agent has one of the following acts, warnings or seizures of the responsible person concerned; in the light of the gravity of the circumstances, giving a notice or a reduction in the disposition; and in the event of a serious nature, granting the dismissal:

(i) The absence of an agent of tendering or of the transferee operation;

(ii) Access to solicitation agents by deceiving means;

(iii) Commitments for the acquisition of solicitation agents for tendering;

(iv) In the name of another person or in the name of that body, other persons may be allowed to engage in the solicitation operation;

(v) A collusion of tenders with tenderers, tenderers, solicitation services to undermine national interests, the public interest of society or the legitimate rights and interests of others;

(vi) Other actions that affect tendering activities in public, fair and fair terms.

Article 5. The bidder has one of the following acts and has warned or taken over the disposition of the responsible person; in the light of the gravity of the circumstances, has been given overtake or downgrading; and in the case of serious circumstances, the dismissal of the term:

(i) Provide false information to participate in tenders;

(ii) A collusion of tenders with other bidders or the exclusion of fair competition among other bidders, which undermines the legitimate rights and interests of tenderers or other bidders;

(iii) To make tenders on behalf of others, allow others to make tenders in their own name, or otherwise to circumvert the tenders;

(iv) A collusion of tenders with tenderers, solicitation agents, solicitation services to undermine national interests, the public interest of society or the legitimate rights and interests of others;

(v) Other practices affecting fair and fair tendering activities.

Article 6 consists of one of the following acts, warnings or seizures of the responsible person concerned; more aggravating circumstances, giving excessive or lower disposal; and, in the event of severe circumstances, granting the dismissal:

(i) The transfer of the intermediate project to another person and the transfer of the medium-size-fits-all project to another person, in violation of the provisions to subcontract part of the subject matter of the sub-item and key work;

(ii) No contract with a bidder or non-performance of the contract with the solicitor;

(iii) No written contract with the bidder pursuant to the solicitation documents and the bid documents of the marker or agreement to depart from the substantive content of the contract;

(iv) Other practices affecting fair and fair tendering activities.

Article 7. Integrated tendering centres and other solicitation services have one of the following acts, warnings or seizures of the responsible person concerned, and, in the light of the gravity of the circumstances, giving excessive or lower-level disposal, and, in the event of a serious nature, giving dismissal:

(i) The solicitation activist operation or the enforcement of the solicitation agent to commission the solicitation proceedings;

(ii) To assist in circumventing tendering or obtaining the mark by improper means;

(iii) In violation of tendering procedures and requirements, resulting in unfair competition or damage to the legitimate rights of tenderers;

(iv) The intentional harassment, the rejection of tendering declarations or the intention to discredit qualified bidders;

(v) A collusion of tenders with tenderers, solicitation agents, tenderers, which undermine the interests of the State, the public interest of society or the legitimate rights of others;

(vi) To reject and impede the enforcement of monitoring inspections by the relevant authorities in accordance with the law;

(vii) Other actions that affect the solicitation activities in public, fair and fair terms.

The persons listed in article 8, paragraph 1, of the present article, as members of the Committee on Reviews, have one of the following acts, warned or taken into account; in the light of the gravity of the circumstances, given excessive or high-level disposal; and, in the event of serious circumstances, given the dismissal:

(i) It should be avoided;

(ii) Separation in the evaluation process, affecting the normal conduct of evaluation activities;

(iii) A collusion with other bid boards or collusion with tenderers, tenderers, solicitation agents, solicitation services, and evaluation results show fairness and impartiality;

(iv) Other practices affecting fair and fair tendering activities.

Article 9. The executive oversight branch of tenders or other administrations have one of the following acts, warnings or seizures of the responsible person concerned, and, in the light of the gravity of the circumstances, giving excessive or lower-level disposal; and in the event of serious dismissal or dismissal:

(i) The use of competence to intervene and manipulate tendering activities;

(ii) To recommend tendering units to the bidder or to the bidder the subcontractor, to designate the solicitation agent or the establishment of the price consulting unit;

(iii) The creation of unreasonable conditionalities or the exclusion of potential bidders to participate in tenders;

(iv) collusion with tenderers, tenderers, which undermines the interests of the State, the public interest or the legitimate rights of others;

(v) Not to monitor tendering activities in accordance with the provisions of the law, legislation or complaints concerning tenders are not dealt with in accordance with the provisions;

(vi) Disadvantages in the management of other tenders.

Article 10 unlawfully creates administrative licences, qualification, registration, etc. relating to tenders, or does not deal with administrative licences, reserve matters in accordance with the provisions of the law, in accordance with article 21 of the Regulations on the disposition of civil servants of the executive branch, and in accordance with article 23 of the Ordinance on the disposition of civil servants by the executive branch, and in accordance with article 26 of the Ordinance on the disposition of public service, the disclosure shall be made in accordance with the rules of the law.

Article 11. The disposition of persons responsible is governed by the procedures set out in the National People's Republic of China's Administrative Monitoring Act and the Civil Service Disposal Regulations of the Administrative Authority.

The disposed of persons may apply for review or appeal in accordance with the relevant provisions of the National People's Republic of China's Administrative Monitoring Act, the Civil Service Act of the People's Republic of China and the Civil Service Disposal Regulations of the Administration.

Article 12 establishes a system for the transfer of cases in the Exemptive Authority, the inspectorate and the solicitation administration.

In cases where tenders are contrary to the rule of law are tendered by the Exemptive Authority, the inspectorate shall be punished by the administrative supervision of the solicitation tenders and shall be transferred to the solicitation administrative oversight department. The executive oversight of tenders shall be promptly checked by law and shall communicate the results in writing to the outgoing organs, inspection bodies.

The tendering administration inspectorate's solicitation proceedings in violation of the disciplinary case, arguing that it should be disposed of by an exemption authority or inspection body, and that the related case material should be transferred in a timely manner to an exemption authority or inspection body. Exemptive organs or inspection bodies shall be promptly checked by law and shall communicate the results in writing to the solicitation administration.

The responsibilities associated with the solicitation of tenders for non-violent misconduct should be given to the party's disciplinary inspection body. The transfer of the judiciary is criminalized by law.

Article 14.