How to deal with government departments supplier complaints
A check
"Check" is the supplier complaint review, to see whether it belongs to the "Government Procurement Law" clearly stipulates the scope of the complaint, so as to quickly determine whether to accept the complaint. In practice, the rights and obligations between the parties involved in government procurement is intricate and complex, coupled with a procurement project can only have a supplier ultimately won the bid, and therefore other participants who have not won the bid, there are often "opinions", some "whining", and others make a messy complaint, blindly. In addition, some participants who have not been awarded the tender tend to have "opinions", some "complaints", and some make complaints or file complaints. In order to improve the efficiency of procurement disputes, to prevent a small number of unscrupulous elements to take the opportunity to disrupt the order of the government procurement market, and effectively protect the legitimate rights and interests of all parties involved in the procurement, government procurement supervision and management of the scope of acceptance of the supplier's complaints must strictly adhere to the provisions of the "Government Procurement Law", that is, the supplier can only be on the "procurement documents, the procurement process and the winning bid, the transaction Results" of the three matters for complaints, does not belong to this statutory scope of the complaint matters, government procurement supervision and management departments may not be accepted.
The second look
"Look" is to check whether the supplier's complaint procedures are legal, to check whether the supplier's complaint time is timely and effective. Government Procurement Law, Chapter VI of the supplier's "complaint" behavior set up a specific complaint procedures, the supplier only in strict accordance with these statutory procedures for complaints, in order to be able to exercise or protect their legitimate rights in an effective and timely manner. These statutory procedures are: the supplier that the procurement documents, the procurement process and the successful bidder, the results of the transaction so that their rights and interests are harmed, you must first of all to the purchaser or the procurement agency to challenge; only in the case of the challenged did not make a reply on time, or unsatisfied with its response, you can only be to the same level of supervision and management of government procurement to file a complaint. If the supplier has not challenged the purchaser in advance, but directly to the government procurement supervision and management department to file a complaint, then this form of complaint is invalid complaint, will not be accepted.
In addition, the complaining supplier also only in the response to the expiration of 15 working days after the expiration of the challenge, timely to the same level of government procurement supervision and management departments to file a complaint to be effective, the late complaint also belongs to the invalid complaint. The loss of legal protection, the complaint can not be accepted.
Three verification
"Verification" is to verify the procurement documents and information, verification visits to the parties involved in the procurement, verification of the degree of victimization of the complainant. The legitimate complaints made by the supplier, the government procurement supervision and management department shall promptly organize the investigation and verification, in order to comprehensively and objectively find out the truth of the complaint matters, to facilitate the making of correct processing decisions, and safeguard the legitimate rights and interests of the parties involved in the procurement. Government procurement supervision and management departments should first check the procurement documents related to the complaint, to see whether these procurement documents in the openness, fairness, impartiality and other aspects of the content of the suppliers to produce some kind of discriminatory treatment. If they do, decisive measures must be taken to rectify the situation. Then it is necessary to conduct in-depth field visits and investigations. Government procurement activities involving the legitimate rights and interests of many procurement parties, because of local conflicts and problems caused by complaints, procurement supervision and management departments can not listen to one side of the story, not only to investigate the conflict between the two parties, but more importantly, to the third party involved in the complaint matters of procurement parties to verify in order to fully listen to the views of all parties concerned, and fair treatment of all the parties involved in the procurement, so as to enable the The results of the investigation will be more authentic and comprehensive. Finally, the degree of victimization of the complaining party should be verified. The purpose of the complaint is to seek justice and safeguard the legitimate rights and interests of the supplier from being infringed upon. Only to make an objective evaluation of the degree of victimization of suppliers, in order to make a reasonable decision to deal with their complaints, but also to make the complaint suppliers convinced.
Four account
"Account" is to make a written account of the complaint, the complaint of the supplier's "rights" behavior to have a substantive account of other matters related to the complaint of the procurement of the parties to have a notification of the account, if necessary, but also to the People's Republic of China. Account, if necessary, but also to the people have an account. As the supervision and management of government procurement, not only to safeguard the legitimate rights and interests of the complaining supplier, but also to protect the legitimate interests of all procurement parties, in order to effectively maintain the market order of government procurement. Therefore, the procurement supervision and management departments not only to make a serious decision on each legitimate complaint, and, but also must be informed of the decision to the parties concerned, in order to make the government procurement behavior more open, transparent, and better able to withstand the community's comments and supervision. In this regard, it is necessary to do the following four aspects of the account: First, in the investigation and verification of the supplier's complaints, complaints should be promptly and objectively qualitative processing of the matter, the complaint supplier to make a written account; secondly, we must clearly inform the complaining supplier, if they are not convinced of the decision to deal with the complaint, but also in the 60 days after the date of receipt of the decision to deal with the people's government of the same level or a higher level of government procurement Supervision and management department to apply for reconsideration, but also in the receipt of the complaint handling decision within three months directly to the local people's court litigation, so that they continue to exercise their legitimate rights; Third, to other parties related to the complaint matters to be informed, in order to further publicize the public procurement practices; Fourth, in the event of serious violations of law and discipline, but also to the relevant aspects of the community to inform, in order to Wider acceptance of social supervision, effectively and efficiently safeguard the legitimate rights and interests of the purchaser.
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