问题 问答题

某省级机关新建高层办公大楼建筑幕墙工程公开招标,投标人有省内外7家具有一级建筑幕墙施工资质的企业,投标时间是2010年9月。开标后,由招标代理机构按正常程序组织评标委员会进行评标,评标标准和方法在开标会议上公布,并作为《招标文件》附件的形式同时分发到各投标人。评标委员会对各投标人的资信、商务、技术标书进行了综合评分,按照得分多少,推荐A、B公司分别为第一、第二中标候选人。在评标结果公示前,就有投标人对A公司资质和工程业绩提出质疑,并向有关部门投诉。经A公司提供证明材料并经有关部门核实确认其资质、业绩真实有效。但招标人认为A公司是同时具有装饰和幕墙施工资质的企业,不如B公司单一幕墙施工资质企业专业,并以此为由否决了评标委员会的决定。经查阅招标文件和评标标准,均无对同时具有装饰和幕墙施工资质企业的限制性条款。由于来自外界的种种干扰,这个项目的招标结果一直推迟到超出投标有效期10天以后才公布,最后确定由B公司中标。因为B公司的投标报价为全部投标报价中的次高报价,招标人对其进行询标,要求它以不高于A公司的报价承包本项目。B公司对此作出了承诺。
问 题:

在确定中标人前,招标人与投标人进行承包价格谈判,是否合法发生了上述情况应如何处理

答案

参考答案:(1)在确定中标人前,招标人与投标人进行承包价格谈判不合法。《招标投标法》规定:“在确定中标人前,招标人不得与投标人就投标价格、投标方案等实质性内容进行谈判。”
(2)发生了上述情况,应宣布中标无效,谈判双方都应对这一违法行为负法律责任。按照《招标投标法》规定,对招标人应给予警告,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。

选择题
单项选择题

Don’t have time to read anymore Now you can get free, quick literature via email. More than 100,000 people open their email each day to read a chapter of a book, through Chapter-A-Day, an online book club created two years ago. It’s a free email service that provides a short daily reading for busy people, exposing them to literature they may not find on their own, inspiring some to recommit to the reading habit. About 550 public library systems representing over 3,000 branch libraries already have signed up to offer Chapter-A-Day. Via email, participants get about five minutes’ worth of reading every day. After three chapters are emailed, the installments stop, and those who want to keep reading can borrow the book at their public library or purchase it online. Chapter-A-Day has eight free book clubs, and sells thousands of books each month.

Chapter-A-Day started in 1999 when Suzanne Beecher, a lifelong book lover, realized how many of the women who worked part-time for her software development company didn’t have time in their busy lives to read. She decided to type part of a chapter of a book, and send it to her employees through email. The next day she typed a little more, and continued to send literary installments each day. She says she started getting feedback from the staff about how reading made them feel. "They were interested, and realized that, though they didn’t have time in their busy lives for reading, just reading that little bit each day got them back in the habit." Realizing that many other people could benefit, she decided to take the idea even further and start an email "chapter-a-day" book club to help others ease their way back into daily reading. "Reading makes changes in people’s lives," Beecher says.

Pat Dempsey, a librarian at a public library in Ohio, has found Chapter-A-Day helps her library clients get back in the habit of reading. "It’s a different way to get people hooked on hooks," she says.

The word "installment" in the passage probably means" () ".

A. a library email

B. a rare piece of literature

C. a free novel

D. a part of a book