The Ministry of Finance is responsible for supplier complaints in government procurement activities of central budget projects.
The financial department of the local people's government at or above the county level shall be responsible for the supplier complaints in the government procurement activities of the budget projects at the corresponding level. Article 4 The financial departments at all levels shall publish the telephone and fax numbers for accepting complaints and other matters convenient for suppliers to complain on the government procurement information release media designated by the financial departments at or above the provincial level. Article 5 The financial department shall adhere to the principles of fairness, justice, simplicity and high efficiency in handling complaints, and safeguard the interests of the state and society. Article 6 The real-name registration system shall be implemented for supplier complaints, and complaints shall be based on specific complaints and facts, and no false or malicious complaints shall be allowed. Chap II initiation and acceptance of complaints article 7 supplier who believe that their legitimate rights and interests have been harmed by procurement document, procurement process, bid winning and transaction results shall raise doubts with purchasers and procurement agencies according to law. If the purchaser or procurement agency is not satisfied with the inquiry reply, or if the purchaser or procurement agency fails to reply within the prescribed time limit, the supplier may lodge a complaint with the finance department at the same level within 15 working days after the reply expires. Article 8 When making a complaint, a complainant shall submit a complaint, and provide a copy of the complaint according to the number of the complained purchasers, procurement agencies (hereinafter referred to as the respondent) and suppliers related to the complaint.
The complaint shall include the following main contents:
(a) the names, addresses and telephone numbers of the complainant and the respondent;
(2) Specific complaints and factual basis;
(three) questions and answers to questions and related certification materials;
(4) the date of filing the complaint.
The complaint shall be signed. If the complainant is a natural person, it shall be signed by himself; If the complainant is a legal person or other organization, it shall be signed and sealed by the legal representative or principal responsible person and stamped with the official seal. Article 9 A complainant may entrust an agent to handle the complaint. When an agent handles a complaint, in addition to submitting the power of attorney of the complainant to the financial department at the same level, the power of attorney shall specify the specific authority and matters of the entrusted agent. Article 10 When lodging a complaint, a complainant shall meet the following conditions:
(a) the complainant is a supplier who participates in the government procurement activities complained of;
(two) before filing a complaint, it has been questioned according to law;
(3) The content of the complaint conforms to the provisions of these Measures;
(4) lodge a complaint within the validity period of the complaint;
(5) Being under the jurisdiction of the financial department;
(six) the same complaint has not been handled by the financial department;
(seven) other conditions stipulated by the financial department of the State Council. Article 11 After receiving a complaint, the financial department shall conduct a review within 5 working days. Those who do not meet the complaint conditions shall be dealt with in accordance with the following provisions:
(a) the contents of the complaint are not in conformity with the provisions, and inform the complainant to make a new complaint after revision;
(two) if the complaint is not under the jurisdiction of the department, it shall be transferred to the department with jurisdiction and notify the complainant;
(three) the complaint does not meet other conditions, inform the complainant in writing that it will not be accepted, and explain the reasons.
Complaints that meet the complaint conditions shall be accepted from the date when the financial department receives the complaint. Article 12 After accepting a complaint, the financial department shall send a copy of the complaint to the respondent and the supplier related to the complaint within 3 working days. Thirteenth the respondent and the supplier related to the complaint shall, within 5 working days from the date of receiving the copy of the complaint, make a written explanation to the financial department and submit relevant evidence, basis and other relevant materials. Chapter III Handling and Decision of Complaints Article 14 The financial department shall, in principle, take the form of written examination in handling complaints. When the financial department deems it necessary, it may conduct investigation and evidence collection, or organize the complainant and the respondent to face-to-face cross-examine. Fifteenth when the financial department conducts an investigation according to law, the complainant, the respondent and the units and personnel related to the complaint shall truthfully reflect the situation and provide the relevant materials required by the financial department. Article 16 If the complainant refuses to cooperate with the financial department to investigate according to law, the complaint will be withdrawn automatically; If the respondent fails to submit relevant evidence, basis and other relevant materials, it shall be deemed as giving up the right of interpretation and agreeing to complain. Seventeenth financial departments after examination, the complaints were made the following decisions:
(1) If the complainant withdraws the complaint, the complaint handling shall be terminated;
(2) The complaint was rejected due to lack of factual basis;
(three) if the complaint is verified, it shall be handled separately in accordance with the relevant provisions of these measures.