招标投标法实施条例条文解读与案例分析

全书按照总则、招标、投标、开标、评标、中标、投诉与处理、法律责任、附则的顺序，对《招标投标法实施条例》的条款逐条进行解读。对于重点、难点条款，选取了实践中有代表性的案例进行深入分析。
本书对于从事招标投标监管工作或司法工作的人员有重要的参考价值，也可供建设单位、施工企业、勘察设计单位、监理单位、招标代理机构等单位中从事招标投标业务的人员以及从事招标投标教学的师生参考使用。

目 录
前言
第1 章 总则 ······························································································· 1
1.1 招标的概念 ························································································ 1
1.2 招标的立法目的 ·················································································· 7
1.3 招标的调整范围 ················································································ 10
1.4 强制招标 ························································································· 13
1.5 招标监督体制 ··················································································· 18
1.6 招标有形市场 ··················································································· 24
1.7 禁止非法干涉 ··················································································· 31
第2 章 招标 ····························································································· 35
2.1 招标内容审核 ··················································································· 35
2.2 招标方式 ························································································· 39
2.3 可以不招标情形 ················································································ 44
2.4 自行招标能力 ··················································································· 50
2.5 招标代理资格 ··················································································· 53
2.6 招标从业人员 ··················································································· 56
2.7 招标代理权 ······················································································ 60
2.8 招标代理合同 ··················································································· 65
2.9 公告与标准文本 ················································································ 70
2.10 文件发售 ······················································································· 76
2.11 资格预审申请文件提交时间 ······························································· 82
2.12 资格预审主体及依据 ········································································ 84
2.13 资格预审结果 ················································································· 89
2.14 资格后审 ······················································································· 93
2.15 文件的澄清和修改 ··········································································· 96
2.16 对文件的异议 ················································································ 100
2.17 文件的合法性 ················································································ 104
2.18 标段划分 ······················································································ 108
2.19 投标有效期 ··················································································· 112
2.20 投标保证金 ··················································································· 116
2.21 标底编制 ······················································································ 122
2.22 踏勘现场 ······················································································ 125
2.23 总承包招标 ··················································································· 128
2.24 两阶段招标 ··················································································· 131
2.25 终止招标 ······················································································ 134
2.26 不得排斥或限制投标人 ···································································· 137
第3 章 投标 ··························································································· 144
3.1 投标人参与投标的权利和限制 ···························································· 144
3.1.1 投标活动不受地区或者部门限制 ··························································· 144
3.1.2 投标人投标资格限制 ······································································· 148
3.2 投标文件的撤回与撤销 ····································································· 155
3.3 投标文件的拒收 ·············································································· 162
3.4 联合体投标 ···················································································· 166
3.5 投标主体变化 ················································································· 171
3.6 投标中的不正当竞争行为 ·································································· 175
3.6.1 禁止投标人相互串通投标 ·································································· 176
3.6.2 投标人相互串通投标的情形 ································································ 178
3.6.3 禁止招标人与投标人串通投标 ····························································· 183
3.6.4 禁止投标人弄虚作假投标 ·································································· 184
3.7 资格预审申请人应遵守投标人的规定 ··················································· 190
第4 章 开标、评标和中标 ········································································· 194
4.1 开标程序和要求 ·············································································· 194
4.2 评标委员会的组建 ··········································································· 198
4.3 评标程序与要求 ·············································································· 207
4.4 评标结果公示与中标 ········································································ 230
4.5 合同的签订 ···················································································· 237
第5 章 投诉与处理 ·················································································· 249
5.1 异议与投诉制度 ·············································································· 249
5.2 投诉及其处理制度 ··········································································· 254
第6 章 法律责任 ····················································································· 260
6.1 招标人违法发布公告的法律责任 ························································· 260
6.2 招标人违反招标程序的责任 ······························································· 262
6.3 中介机构利害冲突责任 ····································································· 264
6.4 招标人违反规定收取保证金的责任 ······················································ 266
6.5 串通投标和以行贿手段谋取中标的责任 ················································ 267
6.6 投标人虚假投标的责任 ····································································· 269
6.7 出让出租证书的责任 ········································································ 271
6.8 违法组建评标委员会的责任 ······························································· 272
6.9 评标委员会成员违规的责任 ······························································· 273
6.10 评标委员会成员受贿的责任 ······························································ 275
6.11 招标人违法行为的责任 ···································································· 276
6.12 中标人违法订立合同的责任 ······························································ 277
6.13 违法签约的责任 ············································································· 278
6.14 中标人违法分包转包的责任 ······························································ 279
6.15 恶意投诉和违规答复的责任 ······························································ 280
6.16 招标职业资格的专业人员违法行为的责任 ············································ 281
6.17 招标投标信用制度 ·········································································· 282
6.18 行政部门违法行为的责任 ································································· 283
6.19 国家工作人员干涉招标投标行为的责任 ··············································· 284
6.20 招标、投标、中标无效的处理 ··························································· 286
第7 章 附则 ···························································································· 288
7.1 行业自律 ························································································ 288
7.1.1 行业协会 ····················································································· 288
7.1.2 行业自主与自律 ············································································· 289
7.2 适用例外 ························································································ 291
7.3 施行时间 ························································································ 293