Provisions on government procurement of imported products

Legal analysis: If the products that the purchaser needs to purchase cannot be obtained at home or under reasonable commercial conditions, and it is really necessary to purchase imported products as otherwise stipulated by laws and regulations, the purchaser shall conduct government procurement activities according to law after obtaining the approval of the financial department. The purchaser shall submit the following materials when reporting to the financial department for examination and approval:

(1) An application form for government procurement of imported products;

(2) Copies of laws, regulations and policy documents that the State encourages the import of products;

(three) opinions issued by the competent departments of the cities and autonomous prefectures with districts and above on the industries to which the imported products belong (see Annex 2 for details);

(four) the expert opinions issued by the expert group on government procurement of imported products.

Legal basis: Article 7 of the Measures for the Administration of Government Procurement of Imported Products. If the products to be purchased cannot be obtained at home or under reasonable commercial conditions, and it is really necessary to purchase imported products as otherwise stipulated by laws and regulations, the purchaser shall conduct government procurement activities according to law after obtaining the approval of the financial department.

Article 8 A purchaser shall submit the following materials when reporting to the financial department for examination and approval:

(1) application form for government procurement of imported products (see annex1for details);

(2) Copies of laws, regulations and policy documents that the State encourages the import of products;

(3) The opinions of the competent government procurement department of imported products issued by the competent industry department of imported products in cities with districts and autonomous prefectures above;

(four) the expert opinions issued by the expert group on government procurement of imported products.

Article 9 The imported products to be purchased by the purchaser are products explicitly encouraged by national laws, regulations and policies. When submitting them to the financial department for examination and approval, the materials in Items 1 and 2 of Article 8 shall be submitted.

Article 10 The imported products to be purchased by the purchaser belong to the products whose import is restricted by national laws, regulations and policies, and the materials in Items (1), (3) and (4) of Article 8 shall be submitted when they are submitted to the financial department for examination and approval.

If the purchaser intends to purchase major technical equipment and major industrial technologies restricted by the state, it shall issue the opinions of the Development and Reform Commission. If the purchaser intends to purchase major scientific instruments and equipment whose import is restricted by the state, it shall issue the opinions of the Ministry of Science and Technology.

Article 11 Where a purchaser intends to purchase other imported products, he shall submit the materials in Item (1) of Article 8 together with the materials in Item (3) or (4) when reporting to the financial department for examination and approval.

Article 12 The term "expert group" as mentioned in these Measures shall consist of an odd number of five or more people, including one legal expert, and the product technical expert shall be an expert who is not familiar with the products of his own unit.

The representative of the purchaser shall not participate in the demonstration as a member of the expert group.

Thirteenth experts involved in the demonstration shall not participate in the procurement review of the same project as procurement review experts.

People's Republic of China (PRC) government procurement law

Article 29 A purchaser shall prepare a government procurement implementation plan according to the centralized procurement catalogue, procurement quota standards and approved departmental budgets, and report it to the financial department of the people's government at the same level for the record.

Thirtieth the purchaser or procurement agency shall disclose the budget amount of the procurement project in the tender documents, negotiation documents and inquiry notice.

Thirty-first from the date of issuance of the tender documents, the time limit for providing the tender documents shall not be less than 5 working days.

Article 32 A purchaser or procurement agency shall prepare the tender documents according to the standard text of the tender documents formulated by the finance department of the State Council.

Article 49 During the performance of a government procurement contract, if the purchaser needs to increase the same goods, projects or services as the subject matter of the contract, he may negotiate with the supplier to sign a supplementary contract without changing other terms of the contract, but the purchase amount of all supplementary contracts shall not exceed 10% of the original contract purchase amount.