Article 1 In order to regulate the behavior of government procurement challenges and complaints, to protect the legitimate rights and interests of parties participating in government procurement activities, according to the "Chinese People's Republic of China *** and the State Government Procurement Law," "Chinese People's Republic of China *** and the State Government Procurement Law Enforcement Regulations," and other relevant laws and regulations, to formulate the present measures.
Article 2 These Measures shall apply to the filing and replying of government procurement challenges, and the filing and handling of complaints.
Article 3 The government procurement suppliers (hereinafter referred to as suppliers) to challenge and complaints should adhere to the law and regulations, the principle of honesty and credit.
Article IV of the government procurement challenge and response and complaint handling shall adhere to the law, equal rights and responsibilities, fair and just, simple and efficient principle.
Article 5 The purchaser is responsible for the supplier's response to the challenge. Procurer entrusted the procurement agency procurement, the procurement agency within the scope of the entrusted authorization to respond.
The financial departments of the people's governments at or above the county level (hereinafter referred to as the financial sector) is responsible for handling supplier complaints in accordance with the law.
Article VI supplier complaints in accordance with the purchaser belongs to the budget level, by the financial department at this level.
Cross-regional joint procurement project complaints, the purchaser belongs to the same budgetary level, the procurement documents agreed in advance by the financial sector is responsible for handling, not agreed in advance, the first to receive the complaint by the financial sector is responsible for handling; purchaser belongs to a different budgetary level, by the highest budgetary level of the financial sector is responsible for handling.
Article 7 The purchaser, the procurement agent shall set out in the procurement documents to receive the challenge letter, contact department, contact telephone and mailing address and other information.
The finance department at or above the county level shall publish in the media designated by the finance department at or above the provincial level for the release of government procurement information to receive complaints, contact departments, contact telephone numbers and mailing addresses and other information.
Article VIII of the supplier can entrust an agent to question and complain. Its power of attorney shall set out the agent's name or name, agency matters, specific authority, duration and related matters. The supplier is a natural person, shall be signed by myself; suppliers of legal persons or other organizations, shall be signed or sealed by the legal representative, the principal person in charge, and stamped with the official seal.
Agent to challenge and complaints, should be submitted to the supplier signed power of attorney.
Article IX to participate in government procurement activities in the form of a consortium, its complaints shall be composed of all suppliers **** with the consortium.
Chapter II Challenge and Response
Article 10 If a supplier believes that his rights and interests have been harmed by the procurement documents, the procurement process, the winning bid or the result of the transaction, he may, within seven working days from the date when he knew or should have known that his rights and interests have been harmed, submit a written challenge to the procurer or the procurement agency.
The procurement documents may require the supplier to make a one-time challenge within the statutory challenge period for the same aspect of the procurement proceedings.
Article 11 The supplier who makes the challenge (hereinafter referred to as the challenging supplier) shall be the supplier who participates in the procurement activities of the item being challenged.
Potential suppliers who have obtained the procurement documents that they may challenge in accordance with the law may challenge the documents. Challenges to the procurement documents shall be made within seven working days from the date of obtaining the procurement documents or the expiration of the period for publication of the procurement documents.
Article 12 Suppliers shall submit a challenge letter and the necessary supporting materials. The letter of challenge shall include the following:
(a) the supplier's name or name, address, zip code, contact person and contact telephone number;
(b) the name and number of the challenge project;
(c) specific, clear challenge and the request related to the challenge;
(d) the factual basis;
(e) the necessary legal basis;
(vi) the date of filing the challenge.
The supplier is a natural person shall be signed by himself; the supplier is a legal person or other organization, shall be signed or sealed by the legal representative, the principal person in charge, or his authorized representative, and stamped with the official seal.
Article XIII of the purchaser, the procurement agency shall not refuse to accept the questioning supplier in the statutory period of the questioning letter shall be issued within seven working days after receipt of the questioning letter to respond, and notify the questioning supplier and other relevant suppliers in writing.
Article XIV of the supplier to the evaluation process, the winning bid or transaction results of the challenge, the purchaser, the procurement agency may organize the original bid evaluation committee, competitive negotiation team, request for quotations or competitive consultation team to assist in responding to the challenge.
Article 15 The response to the challenge shall include the following:
(a) the name of the supplier of the challenge;
(b) the date of receipt of the challenge letter, the name and number of the challenge project;
(c) the challenge, the specific content of the challenge response, the factual basis and the legal basis;
(d) the challenge to inform the supplier of the right to complain;
(d) to inform the supplier of the challenge according to law. Complaints of the right;
(v) the name of the respondent to the challenge;
(vi) the date of the response to the challenge.
The content of the challenge response shall not involve trade secrets.
Article 16 The purchaser, the procurement agency that the supplier challenge is not established, or established but does not constitute an impact on the winning bid, the results of the transaction, to continue with the procurement activities; that the supplier challenge is established and affects, or is likely to affect, the results of the winning bid, the transaction, in accordance with the following circumstances:
(a) the challenge to the procurement documents, in accordance with the law, through clarification or modification can be Continue to carry out procurement activities, clarification or modification of the procurement documents to continue to carry out procurement activities; otherwise, the procurement documents should be revised and re-open procurement activities.
(2) Challenges to the procurement process, the successful bidder or the result of the transaction, qualified suppliers meet the legal number of qualified candidates for the successful bidder or the successful bidder or the successful bidder can be determined from the qualified candidates for the successful bidder or the successful bidder, shall be determined in accordance with the law, otherwise the successful bidder or the successful bidder or the successful bidder shall be determined in accordance with the law; otherwise, the procurement shall be re-conducted.
Questioned the response to the winning bid, the results of the transaction change, the purchaser or the procurement agency shall report the situation in writing to the financial sector at this level.
Chapter III Complaints
Article 17 of the questioning supplier is not satisfied with the response of the purchaser, the purchasing agent, or the purchaser, the purchasing agent did not respond within the prescribed time, may be in the response within 15 working days after the expiration of the period of time to the provisions of Article 6 of these measures to the financial sector to file a complaint.
Article 18 Complaints, the complainant shall submit a complaint and the necessary supporting materials, and in accordance with the complainant purchaser, procurement agency (hereinafter referred to as the complainant) and the number of suppliers related to the matter of the complaint to provide a copy of the complaint. Complaint shall include the following:
(a) the name of the complainant and the complainee's name or name, mailing address, zip code, contact person and contact phone number;
(b) the challenge and challenge the response to the situation description and relevant supporting materials;
(c) a specific, clear complaints and complaints related to the matters of the complaint request;
(d) the facts basis;
(v) legal basis;
(vi) the date of filing the complaint.
The complainant is a natural person, should be signed by the person; the complainant is a legal person or other organization, should be signed or stamped by the legal representative, the principal person in charge, or his authorized representative, and stamped with the official seal.
Article 19 The complainant shall be based on the information content of the second paragraph of Article 7 of these measures, and in accordance with its prescribed manner to file a complaint.
The complainant to file a complaint shall meet the following conditions:
(a) filing a complaint before it has been challenged in accordance with the law;
(b) the content of the complaint in accordance with the provisions of these Measures;
(c) in the validity of the complaint filed within the deadline for filing a complaint;
(d) the same complaint has not been handled in accordance with the complaint of the Ministry of Finance;
(e) Other conditions stipulated by the Ministry of Finance.
Article 20 The supplier's complaints shall not exceed the scope of the challenged matters, except for the complaint matters based on the content of the challenge response.
Chapter IV Complaints
Article 21 The financial sector after receiving the complaint, shall be reviewed within five working days, after reviewing the following conditions:
(a) the complaint does not comply with the provisions of Article 18 of these Measures, it shall be a one-time written notice of receipt of the complaint to make amends within five working days of the complainant. The notice of correction shall set out the matters to be corrected and a reasonable period of time to make corrections. Failure to make corrections in accordance with the deadline for correction or correction is still not in line with the provisions of the inadmissible.
(b) the complaint does not meet the conditions set out in Article 19 of these measures, shall within three working days to inform the complainant in writing inadmissible, and explain the reasons.
(C) the complaint does not belong to the jurisdiction of the department, shall within 3 working days to inform the complainant in writing to the department with jurisdiction to file a complaint.
(4) complaints in line with the provisions of Article 18 and Article 19 of these Measures, from the date of receipt of the complaint shall be accepted, and within 8 working days of receipt of the complaint to the complainant and other parties related to the matter of the complaint to be sent to the complainant and a copy of the reply to the complaint and a copy of the complaint.
Article 22 The person complained against and other parties concerned with the complaint shall, within five working days from the date of receipt of the notice of reply to the complaint and a copy of the complaint, make a statement in writing to the financial department and submit the relevant evidence, justification and other relevant materials.
Article 23 The financial sector to deal with complaints in principle, the written review. The financial sector deems necessary, can be investigated or organization of evidence.
The financial sector can be in accordance with the laws and regulations or responsibilities, entrusted to the relevant units or third parties to carry out investigations and evidence collection, inspection, testing, identification.
Quality should be notified of the relevant parties present, and make a transcript of the questioning. Interrogation transcripts shall be signed by the parties to confirm.
Article 24 of the financial sector in accordance with the law, the investigation and evidence collection, the complainant, the complainant, as well as the complaint matters related to the unit and the person shall truthfully reflect the situation, and provide the financial sector need for the relevant materials.
Article 25 should be the complainant to bear the burden of proof of the complaint, the complainant fails to provide relevant evidence, evidence and other relevant materials, the complaint is not considered to be established; the respondent does not submit the relevant evidence, evidence and other relevant materials in accordance with the requirements of the notice of reply to the complaint, as it waives the right to explain, and will bear the adverse consequences of the law.
Article 26 The financial sector shall, within 30 working days from the date of receipt of the complaint, make a decision on the complaint.
Article 27 of the financial sector to deal with complaints, the need for testing, inspection, appraisal, expert evaluation and the need for the complainant to make corrections to the material, the time required is not counted as part of the complaint handling period.
The time required referred to in the preceding paragraph refers to the period from the date when the financial department issues the relevant instruments and notices of correction to the relevant units, third parties and complainants to the date when it receives the relevant feedback instruments or materials.
The financial sector to the relevant units, third parties to carry out inspection, testing, appraisal, expert evaluation, shall inform the complainant of the time required.
Article 28 of the financial sector in the handling of complaints during the matter, may, depending on the circumstances of the written notice to the purchaser and the procurement agency to suspend the procurement activities, the suspension of procurement activities for a period of up to 30 days.
Purchasers and procurement agencies shall immediately suspend procurement activities after receiving the notice of suspension of procurement activities, before the end of the statutory period of suspension or notice of resumption of procurement activities issued by the financial sector shall not be carried out the procurement activities.
Article 29 Complaint handling process, one of the following circumstances, the financial department shall reject the complaint:
(1) acceptance of the complaint is found not to meet the statutory conditions for acceptance;
(2) the complaint lacks factual basis for the complaint is not established;
(3) the complainant fabricated the facts or provide false materials;
(4) illegal means of obtaining the procurement activity, or before the end of the suspension period or notice of resumption of the procurement activity shall not be. (D) The complainant obtains the supporting materials by illegal means. If there is obvious doubt about the legality of the source of the evidence, and the complainant cannot prove that it was obtained in a legal manner, it is deemed to have obtained the supporting materials by illegal means.
Article 30 of the financial sector to accept the complaint, the complainant applied in writing to withdraw the complaint, the financial sector shall terminate the complaint handling procedures, and inform the relevant parties in writing.
Article 31 of the complaints filed by the complainant of the procurement documents, the financial sector is verified, the complaint shall be recognized as established. Founded by the complaint does not affect the results of the procurement, continue to carry out procurement activities; affect or may affect the results of the procurement, the financial sector in accordance with the following conditions:
(a) did not determine the successful bidder or supplier of the transaction, and ordered to carry out the procurement activities again.
(2) has identified the winning bid or contract supplier but has not yet signed the government procurement contract, the winning bid or contract results are deemed invalid, and ordered to re-open the procurement activities.
(C) government procurement contract has been signed but has not yet been performed, revoke the contract, and ordered to re-open procurement activities.
(D) the government procurement contract has been performed, causing losses to others, the relevant parties may file a lawsuit, the responsible person shall bear the liability.
Article 32 The complainant of the procurement process or the procurement results of the complaint matters, the financial sector after investigation and verification, shall be recognized as a complaint established. Founded by the complaint does not affect the results of the procurement, continue to carry out procurement activities; affect or may affect the results of the procurement, the financial sector in accordance with the following conditions:
(a) did not determine the winning bidder or supplier of the transaction, and ordered to re-open the procurement activities.
(ii) If the winning or successful supplier has been identified but the government procurement contract has not yet been signed, the winning or successful result is deemed invalid. Qualified suppliers meet the statutory number of qualified candidates can be determined from the qualified successful bidder or bidder or bidder or bidder or bidder, the purchaser shall be required to determine the successful bidder, bidder or bidder according to law; otherwise ordered to re-open the procurement activities.
(c) government procurement contract has been signed but has not yet been performed, revoke the contract. Qualified suppliers meet the legal number of qualified candidates can be identified from the qualified successful bid or deal in another successful bid or deal, the purchaser shall be required to determine the successful bid or deal in another supplier in accordance with the law; otherwise ordered to re-open the procurement activities.
(d) the government procurement contract has been fulfilled, causing losses to others, the relevant parties may file a lawsuit, the responsible person to bear the liability.
The complainant of the abolition of the bidding behavior of the complaint was established, the financial sector shall be invalidated.
Article 33 of the financial sector to make a decision, shall make a complaint processing decision, and stamped with the official seal. Complaint handling decision shall include the following contents:
(1) the name or names and correspondence address of the complainant and the person being complained about;
(2) the facts and relevant basis for the handling decision to be found, the specific handling decision and legal basis;
(3) informing the relevant party of the right to apply for administrative reconsideration, the administrative reconsideration authority and the time limit for applying for administrative reconsideration, and the (iv) the right to institute administrative proceedings and the time limit for prosecution;
(d) the date on which the processing decision was made.
Article 34 The finance department shall send the decision on the handling of the complaint to the complainant and the parties concerned with the complaint, and promptly announce the results of the handling of the complaint in the media designated by the finance department at or above the provincial level for the release of government procurement information.
The service of the decision on the handling of complaints shall be carried out with reference to the provisions of the Chinese People's **** and National Civil Procedure Law on service.
Article 35 The financial department shall establish a file management system for complaint handling and cooperate with the supervision and inspection conducted by the relevant departments in accordance with the law.
Chapter V Legal Liability
Article 36 If a purchaser or procurement agency has any of the following circumstances, the financial department shall order rectification within a certain period of time; if the circumstances are serious, it shall give a warning, and the directly responsible supervisory personnel and other directly responsible personnel shall be given sanctions by its administrative department or the relevant authorities and be notified:
(1) Rejecting the challenge letter sent by the questioning supplier within the (a) refusing to receive the challenge letter issued by the questioning supplier within the statutory challenge period;
(b) not responding to the challenge or the response is obviously inconsistent with the facts and can not provide a reasonable explanation;
(c) refusing to cooperate with the financial sector to deal with the complaint.
Article 37 Complainants in the national scope of more than three complaints within 12 months of unsubstantiated, by the financial sector in the bad behavior record list.
The complainant has one of the following behaviors, is false, malicious complaints, by the financial sector included in the record of bad behavior list, prohibited from participating in government procurement activities within one to three years:
(a) fabrication of facts;
(b) the provision of false materials;
(c) obtaining supporting materials by illegal means. If there is obvious doubt about the legitimacy of the source of evidence, and the complainant cannot prove that it was obtained in a legal manner, it shall be deemed to have obtained the supporting materials by illegal means.
Article 38 The financial sector and its staff in the performance of complaint handling duties in violation of the provisions of these measures and there are other abuse of power, dereliction of duty, favoritism and other violations of law and discipline, in accordance with the "Chinese People's Government Procurement Law" "Chinese People's Government Procurement Law" "Chinese People's Government Procurement Law" "Chinese People's Government Procurement Law Implementation Regulations" and other relevant state laws and regulations. Law Enforcement Regulations" and other relevant provisions of the State to pursue the corresponding responsibilities; suspected of committing a crime, shall be transferred to the judicial organs in accordance with the law.
Chapter VI Supplementary Provisions
Article 39 The challenge letter and complaint shall be in Chinese. The Ministry of Finance shall formulate the model of the challenge letter and the complaint letter.
Article 40 The relevant parties to provide foreign documents or foreign language audio-visual materials, shall be accompanied by a Chinese translation, stamped by the translation agency or the signature of the translator.
Related parties to the financial sector to provide evidence formed outside the territory of the Chinese People's Republic of China, shall specify the source, certified by a notary public in the country, and by the Chinese People's Republic of China embassy or consulate in that country, or to fulfill the Chinese People's Republic of China and the evidence of the relevant treaties concluded with the country of the proof of the formalities provided for in the treaty.
Related parties to provide evidence formed in the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan, shall fulfill the relevant certification procedures.
Article 41 The handling of complaints by the financial authorities shall not charge any fees to the complainant or the person under complaint. However, the third-party inspection, testing, appraisal and other costs incurred as a result of the complaint handling, the supplier who filed the application first advance payment. Complaints handling decision to clarify the responsibilities of both parties, in accordance with the principle of "who is at fault, who bears the burden" by the party responsible for the burden; both parties are responsible for the two sides, the two sides reasonably share.
Article 42 The date of the beginning of the period specified in these measures shall not be counted in the period. If the last day of the expiration of the period is a holiday, the first day after the holiday shall be the date of expiration of the period. The period does not include the time in transit, and the challenge and complaint documents are not considered to have expired if they are mailed before the expiration of the period.
The "above" and "below" in this method include this number.
Article 43 of the response to the challenge and complaint handling process known to the state secrets, commercial secrets, personal privacy and information not disclosed in accordance with law, the financial sector, the purchaser, the procurement agency and other relevant information shall be kept confidential.
Article 44 The provincial finance departments can develop specific implementation measures in accordance with these measures.
Article 45 These Measures shall come into force on March 1, 2018. The Measures for Handling Complaints of Government Procurement Suppliers (Ministry of Finance Decree No. 20) issued by the Ministry of Finance on August 11, 2004 shall be repealed at the same time.