Minister Liu Kun
January 14, 2022
Chapter I General Provisions
Article 1 In order to standardize multi-frequency and small-value procurement activities and improve the performance of government procurement projects, these Measures are formulated in accordance with the provisions of the People's Republic of China (PRC) Law on Government Procurement, the Regulations for the Implementation of the PRC Law on Government Procurement and other laws and regulations.
Article II of the measures referred to in the framework agreement procurement, refers to the centralized purchasing agency or the competent budgetary unit of technology, services and other standards are clear and uniform, the need for multiple repeated procurement of goods and services, through the public solicitation process, to determine the first stage of the short-listed suppliers and enter into a framework agreement, the purchaser or the service object in accordance with the agreed rules of the framework agreement, within the scope of the short-listed suppliers to determine The procurement method in which the second-stage suppliers are selected and the procurement contract is concluded.
The competent budgetary unit referred to in the preceding paragraph refers to the state organs, institutions and organizations that have the responsibility of preparing the departmental budget and declaring the budget to the finance department at this level.
Article 3 in line with one of the following circumstances, can be procured using the framework agreement procurement method:
(a) centralized purchasing catalog within the items, as well as with the necessary consumables, accessories, etc., belonging to a small amount of sporadic purchases;
(b) centralized purchasing directory, the procurement of more than the limit of standards, the department, the system of the administrative management of the legal, assessment, Accounting, auditing and other forensic consulting services, is a small amount of sporadic procurement;
(3) centralized purchasing directory, the procurement limit above the standard, for the department, the system outside of the services provided by the service users of the government purchased service projects, the need to determine the more than two suppliers by the service users to choose their own;
(4) the State Council financial department of the provisions of the other circumstances.
The preceding paragraph referred to above the procurement limit standard, refers to the same item or the same category of goods and services annual procurement budget reaches above the procurement limit standard.
In the case of the second subparagraph of paragraph 1 of this article, the competent budgetary unit is able to aggregate the needs to form a single project for procurement, and to meet the needs through the signing of a procurement contract of uncertain time, place and quantity, shall not be used in the form of a framework agreement procurement.
Article 4 framework agreement procurement includes closed framework agreement procurement and open framework agreement procurement.
Closed framework agreement procurement is the main form of framework agreement procurement. Except as otherwise provided by law, administrative regulations or these Measures, the framework agreement procurement shall be conducted under a closed framework agreement.
Article 5 of the centralized purchasing catalog within the items and with the necessary consumables, accessories, etc., the use of framework agreement procurement, the centralized purchasing agency is responsible for the solicitation process and the conclusion of the framework agreement.
Centralized purchasing directory of items other than the use of framework agreements, the competent budget unit is responsible for solicitation procedures and the conclusion of the framework agreement. Other budgetary units have a genuine need, approved by the competent budgetary unit, can be procured using a framework agreement procurement method. Other budget units using the framework agreement procurement method of procurement, shall comply with the provisions of these Regulations on the competent budget unit.
The competent budgetary unit may entrust the purchasing agent to act on behalf of the framework agreement procurement, the purchasing agent shall be entrusted within the scope of the procurement activities carried out in accordance with the law.
The centralized purchasing agency, the competent budgetary unit and its entrusted purchasing agent, collectively referred to in these Measures as the requisitioner.
Article VI of the framework agreement procurement to follow the principle of competition and merit, performance, there should be a clear subject matter of the procurement and pricing mechanism, shall not be used to meet the qualifications of suppliers that are shortlisted method.
Article VII of the framework agreement procurement shall be implemented electronically.
Article VIII of the centralized purchasing agency using the framework agreement procurement, should be drawn up procurement program, reported to the financial sector at this level after review and implementation. The competent budgetary unit to use the framework agreement procurement, should be in the procurement activities before the start of the procurement program reported to the financial sector at this level for the record.
Chapter II General Provisions
Article IX closed framework agreement procurement refers to the circumstances in accordance with the provisions of Article 3 of these Measures, through open competition to enter into a framework agreement, in addition to the additional solicitation procedures agreed upon in the framework agreement, shall not increase the agreement suppliers of the framework agreement procurement.
The open solicitation procedures for closed framework agreements shall be implemented in accordance with the provisions on public tendering for government procurement, and where otherwise provided in these Measures, in accordance with the provisions thereof.
Article 10 open framework agreement procurement is procurement under a framework agreement that complies with the circumstances set out in paragraph 2 of this article, specifies the conditions of the framework agreement, such as the procurement requirements and payment criteria, and in which suppliers willing to accept the conditions of the agreement may apply for admission at any time. The procedures for public solicitation of open framework agreements shall be in accordance with the provisions of these Measures.
Open framework agreements may be used for procurement in one of the following circumstances:
(a) In the circumstances set out in paragraph 1 (a) of article 3 of these Measures, where it is not appropriate to phase out suppliers as a result of the implementation of the government procurement policy, or where, subject to limitations on infrastructure, administrative licenses, intellectual property rights and so on, the number of suppliers is less than three and it is not appropriate to phase out the suppliers;
(b) In these (b) In the circumstances set out in Article 3(1)(c) of these Measures, where a uniform payment standard can be determined, and where, due to geographical and other service convenience requirements, it is necessary to admit all suppliers willing to accept the terms of the agreement into the framework agreement for the service recipients to make their own choices.
Article 11 of the centralized purchasing agency or the competent budget unit shall determine the framework agreement procurement needs. Framework agreement procurement needs in the framework agreement shall not be changed during the period of validity.
Determine the framework agreement procurement needs should be carried out to investigate the needs of buyers, suppliers and experts and other views. For purchasers and suppliers to carry out demand surveys, should choose a representative survey, the survey object is generally not less than three.
Article XII of the framework agreement procurement requirements shall be consistent with the following provisions:
(1) to meet the actual needs of the purchaser and the object of the service, in line with the market supply situation and the market fairness standards, in order to ensure that the functionality, performance and the necessary procurement requirements to promote competition;
(2) in line with the budgetary standards, asset allocation standards and other relevant provisions, and to practice economy, not to Over-standard procurement;
(c) In accordance with the "Classification Catalog of Government Procurement Items", the subject matter of the procurement will be subdivided into sub-level items, and subdivided into different levels, specifications, or standards of procurement needs, and reasonably set up the procurement packages;
(d) Goods items should be clear about the technical and commercial requirements of the goods, including the function, performance, materials, structure, appearance, safety, packaging, delivery period, geographical scope of delivery, after-sales service, etc.;
(v) service projects should specify the content of the service, service standards, technical support, service personnel, service delivery or implementation of the geographical scope of the service, as well as the quality standards of the goods involved, the measurement of the workload of the service, etc..
Article XIII of the centralized purchasing agency or the competent budgetary unit shall be in the solicitation notice and solicitation documents to determine the maximum limit of the unit price of the framework agreement procurement. The solicitation documents may specify the volume-price relationship discount, that is, up to a certain procurement quantity, the price shall be reduced in accordance with the discount specified in the solicitation documents. In open framework agreements, the fee is the maximum limited unit price.
The maximum restricted unit price is the maximum price of the supplier's first-stage response offer. The short-listed supplier's first-stage response offer (including volume-price relationship discounts if any, hereinafter collectively referred to as the agreed price) is the maximum limit price at which the purchaser or service recipient determines the second-stage transaction supplier.
Determine the maximum limit unit price, there is government pricing, the implementation of government pricing; no government pricing, should be through the demand survey, and based on the demand criteria for scientific determination, belonging to the procurement items under the circumstances set out in paragraph 2 (a) of article 10 of this method, the need to enter into an open framework agreement, and suppliers to determine the consultation.
The unit price of goods items in accordance with the unit of measurement such as units (sets), which includes after-sales service and other related services. Service project unit price is determined in accordance with the unit price of the subject matter of the purchase or the unit price of labor, etc.. The cost of goods involved in service projects, can be discounted into the unit price of the service project should be folded into the need for real settlement should be clear settlement rules.
Article XIV of the framework agreement shall include the following:
(a) the centralized purchasing agency or the competent budgetary unit and the shortlisted supplier's name, address and contact information;
(b) the name of the procurement project, the number;
(c) the procurement requirements and the maximum limit on the unit price;
(d) Closed framework agreement (v) Detailed technical specifications of the shortlisted products or service content and service standards at the first stage, and the agreed price;
(v) Rules for upgrading and replacing the shortlisted products;
(vi) The manner of determining the suppliers to be successful at the second stage;
(vii) The scope of the purchasers or service recipients to whom the framework agreement applies, and the geographic scope of the performance of the contract;
(viii) The manner, time and conditions of payment of funds;
(ix) the text of the procurement contract, including a short-form contract or vouchers or orders of a contractual nature to be agreed upon and applied as required;
(x) the duration of the framework agreement;
(xi) rules for the liquidation of short-listed suppliers and for additions;
(xii) the rights and obligations of the parties to the agreement;
( (xiii) Other matters to be agreed upon.
Article 15 of the centralized purchasing agency or the competent budgetary unit shall, according to the needs of the work and the subject matter of the procurement of market supply and price changes, scientifically and reasonably determine the duration of the framework agreement. Goods project framework agreement is generally not more than one year, the service project framework agreement is generally not more than two years.
Article XVI of the centralized purchasing agency or the competent budgetary unit shall, in accordance with the framework agreement, the organization to implement the performance of the framework agreement, and to perform the following duties:
(a) for the second stage of the award of the contract to provide work to facilitate;
(b) the second stage of the implementation of the maximum price and demand criteria management;
(c) the second stage of the (c) Managing the determination of successful suppliers in the second stage;
(d) Under the framework agreement, on the premise of not lowering the quality or raising the price, auditing the shortlisted suppliers for upgrading their products and replacing the original shortlisted products with new ones;
(e) Establishing a feedback and evaluation mechanism for the users, and accepting feedback and evaluation from the purchasers and the service recipients on the fulfillment of the framework agreement and the procurement contract by the shortlisted suppliers. (v) establish user feedback and evaluation mechanism to accept feedback and evaluation of the procurer and service recipients on the performance of the framework agreement and procurement contract, and user feedback and evaluation of the situation to the procurer and service recipients, as a reference for the second stage of the second stage of direct selection of the transaction suppliers;
(vi) the second stage of the closed framework agreement to make public the results of the transaction;
(vii) for the short-listed suppliers to clear the withdrawal and replenishment of the relevant matters.
Article 17 The purchaser or service recipient of the goods and services agreed in the framework agreement shall award the second-stage procurement contract to the shortlisted suppliers, except as otherwise provided in article 37 of these Regulations.
The same framework agreement procurement shall use a unified text of the procurement contract, and the purchaser, service recipients and suppliers shall not change the substantive terms of the contract agreed in the framework agreement.
Article 18 of the framework agreement on goods items shortlisted suppliers shall be shortlisted product manufacturers or manufacturers only authorized suppliers. The shortlisted suppliers can entrust one or more agents, in accordance with the framework agreement to accept the purchaser contract award, and fulfill the procurement contract. Short-listed suppliers should be provided in the framework agreement entrusted agreement and entrusted the list of agents.
Article 19 of the shortlisted suppliers have one of the following circumstances, has not yet signed the framework agreement, the cancellation of its shortlisting qualification; has signed a framework agreement, the framework agreement signed with the lifting:
(a) malicious collusion to seek shortlisting or contract completion;
(b) provide false materials to seek shortlisting or contract completion;
(c) without a valid reason for refusing to accept the contract award. Justifiable reasons for refusing to accept the contract award;
(d) Failure to fulfill the contractual obligations or the performance of contractual obligations are not in line with the agreement, after the purchaser's request for performance is still not fulfilled or is still not fulfilled in accordance with the agreement;
(e) framework agreement during the period of validity of the illegal behavior is prohibited or restricted to participate in government procurement activities;
(f) framework agreement agreed upon in the other circumstances. .
Suppliers that have been disqualified from being shortlisted or released from the framework agreement may not participate in a supplemental solicitation for the same closed framework agreement or reapply to join the same open framework agreement.
Article 20 of the closed framework agreement shortlisted suppliers without valid reasons, shall not voluntarily give up the qualification for shortlisting or withdraw from the framework agreement.
Open framework agreement shortlisted suppliers can apply at any time to withdraw from the framework agreement. Centralized purchasing agency or the competent budgetary unit shall be received within 2 working days of the withdrawal application, the shortlisted suppliers to withdraw from the announcement.
Article 21 of the solicitor shall establish a true and complete framework agreement procurement files, properly preserved procurement documents for each procurement activity. Unless otherwise agreed between the solicitor and the procurer, the procurer shall be responsible for preserving the procurement documents of the contract award.
Procurement files may be kept in electronic form, and electronic files and paper files shall have the same effect.
Chapter III. Procurement under closed framework agreements
Section I. Conclusion of closed framework agreements
Article 22: The solicitor shall publish a notice of the solicitation. The solicitation notice shall include the following main contents:
(1) the name, address, contact person and contact information of the solicitor;
(2) the name and number of the procurement project, the procurement requirements and the maximum limit on the unit price, the range of purchasers or service recipients to which the framework agreement applies, and the quantity of the purchases shall also be clearly estimated if the number of purchases can be estimated;
(3) the qualification conditions of suppliers;
(4) the number of suppliers; and (iv) the duration of the framework agreement;
(v) the time, place and manner of obtaining the solicitation documents;
(vi) the manner of submission of the response documents, the deadline and place of submission, and the manner, time and place of opening;
(vii) the duration of the announcement;
(viii) other matters stipulated by the financial departments at or above the provincial level. Matters.
Article 23 the collector shall prepare the collection documents. The solicitation documents shall include the following main content:
(a) invitation to participate in the solicitation activities;
(b) suppliers should submit qualification materials;
(c) qualification methods and standards;
(d) procurement requirements and the maximum limit of the unit price;
(e) the requirements of the government procurement policy and the implementation of the policy;
(f) government procurement policies and policy implementation measures;
(h) government procurement policy requirements;
(vi) the duration of the framework agreement;
(vii) the requirements for quotations;
(viii) the evaluation method for determining the short-listed suppliers in the first stage, the evaluation criteria, the elimination rate for determining the short-listed suppliers or the upper limit of the number of short-listed suppliers, and the circumstances under which the response documents will be invalidated;
(ix) requirements for preparation of the response documents, the manner of submission, the deadline and place for (ix) Requirements for the preparation of response documents, the manner of submission, the deadline and place for submission, the manner, time and place of opening, and the validity period of response documents;
(x) The text of the framework agreement to be signed and the text of the procurement contract;
(xi) The manner of determining the suppliers of the second stage of the transaction;
(xii) The manner, time and conditions of payment of funds for the procurement;
(xiii) The rules for upgrading and modernizing the short-listed products;
(xiv) user feedback and evaluation mechanism;
(xv) rules for withdrawal and supplementation of short-listed suppliers;
(xvi) channels for suppliers to inquire about credit information and the cut-off point, specific ways to inquire about the records of credit information and retention of evidences, and rules for the use of credit information, etc.;
(xvii) standards and methods for the collection of agency fees of the purchasing agent;
(xviii) other matters specified by the financial departments at or above the provincial level.
Article 24 suppliers shall prepare response documents in accordance with the requirements of the solicitation documents, the authenticity and legality of the response documents bear legal responsibility.
Suppliers respond to the technical and commercial conditions of goods and services shall not be lower than the procurement requirements, the goods should in principle, the market has been sold on the specifications of the model, shall not be exclusively for government procurement of products. Each procurement package for goods items can only respond with a product, the call for documents have requirements, should be at the same time on the product options, supplies for the offer. Service items include goods, the response document should set out the list of goods and quality standards.
Article 25 to determine the first stage of the evaluation method of the shortlisted suppliers, including price priority method and quality priority method.
Price priority method refers to meet the procurement needs and response offer does not exceed the maximum limit unit price of goods and services, according to the response offer in descending order, according to the solicitation documents specified in the elimination rate or the upper limit of the number of shortlisted suppliers, to determine the evaluation method of shortlisted suppliers.
Quality preference method refers to meet the procurement needs and respond to the offer does not exceed the maximum unit price limit of goods and services for quality scoring, according to the quality score from high to low ranking, according to the call for documents specified in the elimination rate or the upper limit of the number of shortlisted suppliers, to determine the evaluation method of shortlisted suppliers. The quality factors of the goods project include the technical level of the subject matter of the procurement, product configuration, after-sales service, etc. The quality factors of the service project include the content of the service, the level of the service, the supplier's fulfillment ability, and service experience. Quality factors in the quantifiable indicators should be divided into levels, as scoring items; quality factors in other indicators can be used as substantive requirements, not as scoring items.
Items with government pricing, government guiding price, as well as testing, experimental and other instruments and equipment with special requirements for quality, can use the quality priority method, other items should be price priority method.
Article 26 of the use of consumables in large quantities of copying, printing, experimental, medical and other instruments and equipment for the framework agreement procurement, the supplier shall be required to quote at the same time for more than three years of the agreed period of the specialized consumables. Evaluation shall take into account the cost of using specialized consumables for the agreed period of time, and amend the response offer or quality score of the instruments and equipment.
The solicitor shall stipulate in the solicitation documents, the framework agreement and the procurement contract that the shortlisted suppliers shall supply the specialized consumables to the purchaser to which the framework agreement applies for the agreed period at a price not higher than the price quoted by them.
Article 27 to determine the first-stage shortlisted suppliers, submit response documents and meet the qualification conditions, the substantive requirements of the suppliers shall be not less than two, the elimination ratio shall not be less than 20% in general, and at least one supplier eliminated.
The use of quality first method of testing, experimentation and other instruments and equipment procurement, the elimination ratio shall not be less than 40%, and at least one supplier eliminated.
Article 28 announcement of the results of the shortlisting shall include the following main content:
(a) the name and number of the procurement project;
(b) the name, address, contact person and contact information of the solicitor;
(c) shortlisted supplier name, address and ranking;
(d) the highest shortlisted price or the lowest shortlisted score;
(E) the shortlisted product name, specifications or main service content and service standards, shortlisted unit price;
(F) the list of members of the evaluation team;
(VII) the procurement agency service fees and amounts;
(H) the duration of the announcement;
(IX) the provincial level and above, the financial department of the provisions of other matters.
Article 29 of the centralized purchasing agency or the competent budget unit shall within 30 days from the date of the notice of shortlisting and the shortlisted suppliers to sign a framework agreement, and within seven working days after the signing of the framework agreement, a copy of the framework agreement will be reported to the financial department at this level for the record.
The framework agreement shall not substantially modify the matters identified in the solicitation documents and the response documents of the shortlisted suppliers.
Article 30 of the solicitor shall, within three working days after the signing of the framework agreement through the electronic procurement system will be shortlisted information to inform all purchasers or service recipients of the applicable framework agreement.
The shortlisting information shall include the name, address, contact information, shortlisted product information and the agreed price of all shortlisted suppliers. Shortlisted product information should be set out in detail technical specifications or service content, service standards and other content that reflects the characteristics of product quality.
The solicitor shall ensure that the solicitation documents and shortlisted information is readily available to the public throughout the period of validity of the framework agreement.
Article 31 In addition to the remaining shortlisted suppliers is less than 70% of the total number of shortlisted suppliers and affects the implementation of the framework agreement, the solicitor shall not supplement the call for suppliers during the validity of the framework agreement.
Collector supplementary solicitation of suppliers, supplementary solicitation rules shall be agreed in the framework agreement, supplementary solicitation of conditions, procedures, evaluation methods and elimination ratio shall be the same as the initial solicitation. The supplementary solicitation shall comply with the validity period of the original framework agreement. During the period of supplementary solicitation, the original framework agreement shall continue to be fulfilled.
Section II. Award of procurement contracts
Article 32: The manner of determining the suppliers for the second-stage award includes direct selection, second bidding and sequential waiting.
The direct selection method is the main method for determining the suppliers of the second-stage award. In addition to the solicitor in accordance with the characteristics of the procurement project and improve performance and other requirements, in the solicitation documents set out the use of secondary bidding or sequential waiting, to determine the second stage of the supplier shall be selected by the purchaser or the service recipient based on the shortlisted product price, quality, and ease of service, user evaluation, and other factors, from the first stage of the short-listed suppliers directly selected.
Article 33 of the second bidding method refers to the framework agreement agreed on the shortlisted products, the text of the procurement contract, etc., based on the price of the agreement as the maximum price, the purchaser to specify the needs of the second stage of the bidding, the selection of shortlisted suppliers to participate in the second bidding of all suppliers to meet the needs of the bidding, to determine the lowest bidding for the transaction supplier way.
The second bidding should be given the necessary response time to the supplier.
The second bidding is generally applicable to the use of price first method of procurement.
Article 34 sequential waiting method means the method of awarding the procurement contract to all shortlisted suppliers in turn according to the rules of the waiting order determined in the solicitation documents.
Each short-listed supplier has only one opportunity to be awarded a contract within a sequential waiting period. All shortlisted suppliers shall be informed in writing when the order of contract award is determined. The order of contract award shall not be adjusted during the validity period of the framework agreement, except for the removal of shortlisted suppliers and supplementary solicitation.
Sequential waiting generally applies to service projects.
Article 35 If the suppliers of the transaction are determined by means of secondary bidding or sequential waiting, the solicitor shall publish the announcement of the result of the transaction on a case-by-case basis within two working days after the determination of the suppliers of the transaction.
The single announcement of the results of the transaction may be published in the media designated by the finance department at or above the provincial level, or in the electronic procurement system for carrying out the framework agreement procurement, and the channels for publishing the announcement of the results of the transaction shall be communicated to the suppliers in the solicitation documents or the framework agreement. Single announcement shall include the following main content:
(a) the name, address and contact information of the purchaser;
(b) the name and number of the framework agreement procurement project;
(c) the name and address of the supplier of the transaction and the amount of the transaction;
(d) the name of the subject matter of the transaction, specifications, or the main content of the service and service standards, quantities, unit price ;
(v) the duration of the announcement.
The collector shall issue a summary announcement of the results of the transaction within 10 working days after the expiration of the effective period of the framework agreement. The summary announcement shall include the contents of the first and second subparagraphs of the preceding paragraph and the names and addresses of all the concluded suppliers as well as the total number and total amount of their concluded contracts.
Article 36 of the framework agreement procurement shall enter into a fixed-price contract.
According to the actual procurement quantities and the agreed price to determine the total contract price, the contract shall set out the actual procurement quantities or measurement, including the number of service items used to calculate the contract price for the number of man-days, the workload of the service, such as a detailed list of workload. The purchaser shall require the supplier to provide proof of its performance in accordance with the contract agreed quantity or workload list of the relevant records or vouchers, as the acceptance of the information filed together.
Article 37 The purchaser may award a contract to a non-shortlisted supplier if the purchaser proves that it can procure the same goods from the non-shortlisted supplier at a lower price and the shortlisted supplier does not agree to lower its price below that of the non-shortlisted supplier.
Where the provisions of the preceding paragraph apply to the procurement, the solicitor shall set out in the solicitation documents and agree in the framework agreement.
Where the procurer awards the contract to a non-shortlisted supplier, it shall, within one working day after determining the supplier of the transaction, copy the results of the transaction to the solicitor, who shall publish an announcement of the results of the transaction in accordance with the requirements for a single announcement. The purchaser shall file the relevant supporting materials and the procurement contract for inspection.
Chapter IV open framework agreement procurement
Article 38 of the open framework agreement, the solicitor shall issue a call for proposals to invite suppliers to join the framework agreement. The notice of solicitation shall include the following main elements:
(1) the contents of article 22 (1) to (4) and article 23 (2) to (3) and (13) to (16) of these Measures;
(2) an invitation to enter into an open framework agreement;
(3) the manner and location of submission of applications by suppliers to become a party to the framework agreement, as well as the requirements for the application documents;
(iv) the geographical scope of the performance of the contract, the rights and obligations of the parties to the agreement, the mechanism for the removal of shortlisted suppliers, and other elements of the framework agreement;
(v) the text of the procurement contract;
(vi) the standard of payment, the settlement of fees and the means of payment;
(vii) any other matters stipulated by the financial authorities at or above the provincial level.
Article 39 After the publication of the solicitation notice until the expiration of the framework agreement, suppliers may submit applications to join the framework agreement at any time in accordance with the requirements of the solicitation notice. The collector shall complete the examination within 7 working days after receiving the application from the supplier and notify the applicant supplier of the examination result in writing.
Article 40 of the solicitor shall, within 2 working days after the audit, publish a shortlisting results announcement, the announcement of the shortlisted supplier name, address, contact information and payment standards, and dynamically update the information of the shortlisted suppliers.
The solicitor shall ensure that the solicitation announcement and the announcement of the shortlisting results are readily available to the public throughout the validity period of the framework agreement.
Article 41 of the solicitor may, in accordance with the characteristics of the procurement project, in the solicitation notice to affirm whether to enter into a separate written framework agreement with suppliers. If it is affirmed that no further written framework agreement will be entered into, the publication of the announcement of the results of the shortlisting shall be deemed to be the signing of the framework agreement.
Article 42 of the second stage of the transaction suppliers by the purchaser or service recipients from the first stage of the shortlisted suppliers directly selected.
After the supplier fulfills the contract, it settles the cost with the purchaser based on the vouchers and orders as well as the settlement method agreed in the framework agreement.
Chapter V Legal Liability
Article 43 of the competent budgetary units, purchasers, procurement agencies in violation of the provisions of these measures, the financial department shall order rectification within a specified period of time; the circumstances are serious, give a warning to the directly responsible officer in charge of the other responsible personnel, by its administrative department or the relevant authorities shall be given sanctions according to the law, and shall be notified.
Article 44 violation of the provisions of these measures, after ordering correction still affects or may affect the results of the shortlisting or the results of the transaction, in accordance with the Government Procurement Law and other relevant laws and administrative regulations.
Article 45 of the suppliers of Article 19, paragraph 1, paragraph 1 to one of the three circumstances, as well as without good reason to give up the closed framework agreement shortlisted qualifications or withdraw from the closed framework agreement, in accordance with the Government Procurement Law and other relevant laws and administrative regulations to pursue legal responsibility.
Article 46 of the government procurement parties to violate the provisions of these measures, causing losses to others, shall bear civil liability.
Article 47 of the financial sector and its staff in the performance of supervision and management duties in the abuse of power, dereliction of duty, favoritism and other violations of law and discipline, shall be investigated for the corresponding responsibility.
Chapter VI Supplementary Provisions
Article 48 In addition to the provisions of Article 35 of these Measures, the announcement of information under these Measures shall be published in the media designated by the financial departments at or above the provincial level.
Article 49 of these Measures provides for the calculation of the period on a daily basis, the day of the beginning is not counted, and the calculation starts from the next day. The last day of the period is a national legal holiday, deferred to the next day after the holiday as the last day of the period.
Article 50 The "above", "below", "within", "within ", "not less than", "not more than", include this number; the "less than", "less than", do not include this number. ", does not include this number.
Article 51 The financial departments of provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures in accordance with these Measures. Article 52 These Measures shall come into force on March 1, 2022