问题 问答题

[背景材料]


某工程项目建筑面积6000m2,预算投资520万元,建设工期为12个月。工程采用公开招标的方式确定。按照《招标投标法》和《建筑法》的规定,建设单位编制了招标文件,并向当地的建设行政管理部门提出了招标申请书,得到了批准。但是在招标之前,该建设单位就已经与甲施工公司进行了工程招标沟通,对投标价格、投标方案等实质性内容达成了一致的意向。招标公告发布后,来参加投标的公司有甲、乙、丙3家。按照招标文件规定的时间、地点及投标程序,3家施工单位向建设单位投递了标书。在公开开标的过程中,甲和乙承包单位在施工技术、施工方案、施工力量及投标报价上相差不大,乙公司在总体技术和实力上较甲公司好一些。但是,定标的结果确定是甲承包公司。乙公司很不满意,但最终接受了这个竞标的结果。20多日后,一个偶然的机会,乙承包公司接触到甲公司的一名中层管理人员,在谈到该建设单位的工程招标问题时,甲公司的这名员工透露说,在招标之前,该建设单位和甲已经进行了多次接触,中标条件和标底是双方议定的,参加投标的其他人都蒙在鼓里。对此情节,乙公司认为该建设单位严重违反了法律的有关规定,遂向当地建设行政管理部门举报,要求建设行政管理部门依照职权宣布该招标结果无效。经建设行政管理部门审查,乙公司所陈述的事实属实,遂宣布本次招标结果无效。
甲公司认为,建设行政管理部门的行为侵犯了甲公司的合法权益,遂起诉至法院,请求法院依法判令被告承担侵权的民事责任,并确认招标结果有效。

[问题]


按照《招标投标法》的规定,该建设单位应对本次招标承担什么法律责任

答案

参考答案:该建设单位违反《招标投标法》规定,招标前事先与投标人甲就投标价格、投标方案等实质性内容达成一致意向。对建设单位的这种违法行为,由有关行政监督部门给予警告,对单位直接负责的主管人员和其他直接责任人员依法给予处分。

解析:[解题思路点拨]
本案例主要考查了施工招标程序、招标人与投标人串通投标的表现形式等相关内容。

阅读理解

阅读理解。

     Mrs Brown had a small garden behind her house, and in spring she planted some vegetables in it.

Shelooked after them very carefully, and when summer came, they looked very nice.

    One evening Mrs. Brown looked at her vegetables and said, "Tomorrow I am. Going to pick them,

and then we can eat them." But early the next morning, her son ran into the kitchen(厨房) and shouted,"

Mother,Mother! Come quickly! Our neighbor's(邻居的) ducks are in the garden and they are eating our

vegetables ! "Mrs. Brown ran out, but it was too late ! A11 the vegetables were finished ! Mrs. Brown

cried, and her neighbor was very sorry, but that was the end of the vegetables.

     Then a few days before Christmas, the neighbor brought Mrs. Brown a parcel(包裹). In it was a

beautiful, fat duck, and on it was a piece of paper with the words"Enjoy your vegetables!"

1. Why did the vegetables grow so well and look nice?

A. Because Mrs. frown knew how to plant and look after them.

B. Because the neighbor often helped to pick and eat them.

C. Because the weather was nice and they could grow well.

D. Because the garden was near her house and nobody knew it.

2. What happened to the vegetables the next morning?

A. The neighbor was picking their vegetables in the garden.

B. The neighbor's ducks were eating the vegetables.

C. Mrs. Brown ran out and killed all the ducks angrily.

D. Nothing happened but her son was playing in the garden.

3. Seeing what has happened , what did Mrs. Brown and the neighbor do?

A. They had a big fight over it.

B. The neighbor felt so sorry that he cried.

C. Mrs. Brown cried and the neighbor said sorry to her.

D. They said nothing but had to plant the vegetables again.

4. Which of the following is TRUE?

A. A few days later the vegetables grew better.

B. Mrs. Brown liked ducks better than vegetables.

C. The neighbor brought a tat duck to Mrs. Brown.

D. The neighbor enjoyed the vegetables and ducks first.

5. When did the neighbor bring Mrs. Brown a duck? 

A. A few days later.

B. A few days before Christmas.

C. On a spring morning.

D. Early the next morning.

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