问题 问答题

[背景材料]


铁路工程专业承包企业A为参加铁路一繁忙干线增建二线工程项目投标,与铁路工程施工总承包企业B达成内部协议。协议中约定:A企业以B企业名义参加该项目投标,若中标,A企业按中标合同额的5%向B企业交纳工程管理费,全部工程由A企业组织施工。投标过程中,A企业为确保中标,又分别与投标人C、D、E企业进行协商,并协调了投标报价和降价幅度,最终以23亿元标价中标。为履行承诺,A企业按约定向B企业交纳了工程管理费,并将部分工程按每家5000万元对应的工程量划分给C、D、E企业。

[问题]


按照《中华人民共和国合同法》(简称《合同法》),A企业以B企业名义与建设单位签订的工程承包合同属何种效力的合同说明理由。

答案

参考答案:该合同效力为可撤销的合同;因为它是以隐瞒、欺诈手段致使建设单位与其签订的合同。

解析:[解题思路点拨]
本案例主要考查考生对建筑施工企业的资质管理标准、工程发包承包合同的主要形式、采购方法、投标人资质条件选择以及国家相关法规中对投标人的资格限定条件等内容的理解。

阅读理解

阅读理解。

     Bamboo (竹子) is one of nature's (自然) most surprising plants. Many people call this plant a tree, but it

is a kind of grass.

     Like other kinds of grass, a bamboo plant may be cut very low to the ground, but it will grow back very

quickly. A Japanese scientist reported one bamboo plant which grew 1. 5 meters (4 feet) in 24 hours! Bamboo

grows almost everywhere in the world except Europe. There are more than 1, 000 kinds of bamboo.

     Not all bamboo looks the same. Some bamboo plants are very thin. They may only grow to be a few

centimeters wide while others may grow to more than 30 centimeters (1 foot) across. This plant also comes

in different colors, from yellow to black to green.

     Bamboo has been used to make many things such as hats and kitchen tools ( 厨房用具). Because it is

strong, bamboo is also used to build buildings.

     Many Asian countries have used bamboo for hundreds of years. They often use bamboo for buildings

and supporting (支撑) new buildings and bridges while they are being built.

      In Africa, poor farmers are taught how to find water using bamboo. These African countries need cheap

way to find water because they have no money, and their fields often die from no rain and no water. Bamboo

pipes ( 管子) help poor farmers bring water to their thirsty fields without spending a lot of money.

1. How is bamboo like grass?

A. It grows quickly.

B. It's wood.

C. it is easy to cut.

D. It is very thin.

2. Though you can see bamboo everywhere, it doesn't grow _____.

A. in China

B. in Europe

C. on mountains

D. in Africa

3. Why is bamboo used by African poor farmers? Because _____.

A. it is cheap

B. it has different colors

C. it is strong

D. it has been used by Asians

4. Bamboo pipes can _____.

A. make money

B. be trees

C. grow quickly

D. carry water

5. In Asia, bamboo has been used for _____.

A. a short time

B. many thousands of years

C. many hundreds of years

D. about 100 years

单项选择题