问题 问答题

背景:
某省属重点水利工程项目计划于2010年12月28日开工,由于坝肩施工标段工程复杂,技术难度高,一般施工队伍难以胜任,业主自行决定采取邀请招标方式。于2010年9月8日向通过资格预审的A、B、C、D、E五家施工承包企业发出了投标邀请书。该五家企业均接受了邀请,并于规定时间9月20——22日购买了招标文件。招标文件中规定,10月18日下午4时是招标文件规定的投标截止时间,11月10日发出中标通知书。
在投标截止时间之前,A、B、D、E四家企业提交了投标文件,但C企业于10月18日下午5时才送达,原因是中途堵车;10月21日下午由当地招投标监督管理办公室主持进行了公开开标。
评标委员会成员共由7人组成,其中当地招投标监督管理办公室1人,公证处1人,招标人1人,技术经济方面专家4人。评标时发现E企业投标文件无法定代表人签字和委托人授权书,也未加盖公章。评标委员会于10月28日提出了评标报告。B、A企业分别综合得分第一、第二名。由于B企业投标报价高于A企业,11月10日招标人向A企业发出了中标通知书,并于12月12日签订了书面合同。
问题:

招标人确定A企业为中标人是否违规说明理由。

答案

参考答案:根据《招标投标法》(第四十一条)规定,能够最大限度地满足招标文件中规定的各项综合评价标准的中标人的投标应当中标。因此中标人应当是综合评分最高或投标价最低的投标人。本案中B企业综合评分是第一名应当中标,以B企业投标报价高于A企业为由,让A企业中标是违规的。

单项选择题

Extraordinary creative activity has been characterized as revolutionary, flying in the face of what is established and producing not what is acceptable but what will become accepted. According to this formulation, highly creative activity transcends the limits of an existing form and establishes a new principle of organization. However, the idea that extraordinary creativity transcends established limits is misleading when it is applied to the arts, even though it may be valid for the science; Differences between highly creative art and highly creative science arise in part from a difference in their goal. For the sciences, a new theory is the goal and end result of the creative act. Innovative science produces new propositions in terms of which diverse phenomena can be related to one another in more coherent ways. Such phenomena as a brilliant diamond or a nesting bird are relegated to the role of date, serving as the means for formulating or testing a new theory. The goal of highly creative art is different: the phenomenon itself becomes the direct product of the creative act. Shakespeare’s Hamlet is not a tract about the behavior of indecisive princes or the uses of political power, nor is Picasso’s painting Guernica primarily a prepositional statement about the Spanish Civil War or the evils of fascism. What ’highly creative activity produces is not a new generalization that ’transcends established limits, but rather an aesthetic particular. Aesthetic particulars produced by the highly creative artist extend or exploit, rather than transcend that form.

This is not to deny that a highly creative artist sometimes establishes a new principle of organization in the history of an artistic field; the composer Monteverdi, who created music of the highest aesthetic value, comes to mind. More generally, however, whether or not a composition establishes a new principle in the history of music has no bearing on its aesthetic worth. Because they embody a new principle of organization, some musical works, such as the operas of the Florentine Camerata, are of signal historical importance, but few listeners or musicologists would include these among the great works of music. On the other hand, Mozart’s The Marriage of Figaro(费加罗的婚礼) is surely among the masterpiece of music even though its modest innovations are confined to extending existing means. It has been said of Beethoven that he toppled the rules and freed music from the stifling confines of convention. But a close study of his composition reveals that Beethoven overturned no fundamental rules. Rather, he was an incomparable strategist who exploited limits of the rules, forms, and conventions that he inherited from predecessors such as Haydn and Mozart, Handel and Bach—in strikingly original ways.

The passage implies that an original contribution in science is one that()

A. is often quoted in the work of other scientists

B. is careful not to make a value judgment about the use of data

C. is applauded by all distinguished experimentalists

D. generates a novel and well-founded generalization

单项选择题