Adopted at the 28th Session of the Standing Committee of the Ninth National People's Congress on June 29, 2002
Chapter 1 General Provisions
Article 1 This law is enacted in order to regulate government procurement behavior, improve the efficiency of the use of government procurement funds, safeguard national interests and social public interests, protect the legitimate rights and interests of government procurement parties, and promote the construction of a clean government.
Article 2 This Law shall apply to government procurement conducted within the territory of the People’s Republic of China. The term "government procurement" as used in this Law refers to the behavior of state agencies, institutions and organizations at all levels using fiscal funds to purchase goods, projects and services that are within the centralized procurement catalog formulated in accordance with the law or above the procurement quota. The government's centralized procurement catalog and procurement quota standards are formulated in accordance with the authority specified in this law. Procurement as mentioned in this Law refers to the act of obtaining goods, projects and services for a fee through contracts, including purchase, leasing, entrustment, employment, etc. The term “goods” as mentioned in this Law refers to items of various forms and types, including raw materials, fuel, equipment, products, etc. The term "project" as mentioned in this Law refers to construction projects, including the new construction, reconstruction, expansion, decoration, demolition, repair, etc. of buildings and structures. The term "services" as mentioned in this Law refers to other government procurement objects other than goods and projects.
Article 3 Government procurement shall abide by the principles of openness and transparency, fair competition, fairness and good faith.
Article 4 When bidding for government procurement projects, the Bidding and Bidding Law shall apply.
Article 5: No unit or individual may use any method to obstruct or restrict suppliers from freely entering the government procurement market in this region and industry.
Article 6 Government procurement shall be carried out in strict accordance with the approved budget.
Article 7 Government procurement shall implement a combination of centralized procurement and decentralized procurement. The scope of centralized procurement is determined by the centralized procurement catalog published by the people's government at or above the provincial level. For government procurement projects belonging to the central budget, the centralized procurement catalog shall be determined and published by the State Council; for government procurement projects belonging to local budgets, the centralized procurement catalog shall be determined and published by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government or their authorized institutions. Government procurement projects included in the centralized procurement catalog shall be subject to centralized procurement.
Article 8 Government procurement quota standards for government procurement items belonging to the central budget shall be determined and announced by the State Council; government procurement items belonging to local budgets shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government or their authorized institutions. Confirm and publish.
Article 9 Government procurement should help achieve the country’s economic and social development policy goals, including protecting the environment, supporting underdeveloped areas and minority areas, and promoting the development of small and medium-sized enterprises.
Article 10 Government procurement shall purchase domestic goods, projects and services. Except for one of the following circumstances: (1) The goods, projects or services that need to be purchased cannot be obtained within China or cannot be obtained on reasonable commercial terms; (2) The purchase is for use outside China; (3) ) Other laws and administrative regulations provide otherwise. The definition of domestic goods, projects and services mentioned in the preceding paragraph shall be implemented in accordance with the relevant provisions of the State Council.
Article 11 Government procurement information shall be released to the public in a timely manner on the media designated by the government procurement supervision and management department, except where commercial secrets are involved.
Article 12 In government procurement activities, procurement personnel and related personnel who have an interest in suppliers must recuse themselves. If the supplier believes that the purchasing personnel and related personnel have an interest in other suppliers, they may apply for their avoidance. The relevant personnel mentioned in the preceding paragraph include the members of the bid evaluation committee in bidding and procurement, the members of the negotiation team in competitive negotiation and procurement, the members of the inquiry team in inquiry and procurement, etc.
Article 13 The financial departments of the people's governments at all levels are the departments responsible for the supervision and management of government procurement and perform the supervision and management responsibilities of government procurement activities in accordance with the law. Other relevant departments of the people's governments at all levels shall perform supervision and management responsibilities related to government procurement activities in accordance with the law.
Chapter 2 Government Procurement Parties
Article 14 Government Procurement Parties refer to various entities that enjoy rights and assume obligations in government procurement activities, including purchasers and suppliers. and purchasing agencies, etc.
Article 15 Procurers refer to state agencies, institutions, and organizations that conduct government procurement in accordance with the law.
Article 16 The centralized purchasing agency shall be the purchasing agency. The people's governments at or above the districted cities and autonomous prefectures shall establish centralized procurement agencies based on the needs of organizing centralized procurement for government procurement projects at the same level. The centralized procurement agency is a non-profit legal person that handles procurement matters according to the entrustment of the purchaser.
Article 17 When centralized procurement agencies conduct government procurement activities, they shall meet the requirements of lower procurement prices than the average market price, higher procurement efficiency, excellent procurement quality, and good services.
Article 18 When purchasing government procurement items that are included in the centralized procurement catalog, the purchaser must entrust a centralized procurement agency to purchase them; for government procurement items that are not included in the centralized procurement catalog, the purchaser can procure by himself or entrust centralized procurement to do so. Procurement agencies shall act as procurement agents within the scope of entrustment. If the general government procurement items included in the centralized procurement catalog are general government procurement items, the centralized procurement agency shall be entrusted with the procurement agency; items that belong to the department and system with special requirements shall be subject to departmental centralized procurement; items with special requirements of the unit shall be subject to provincial-level procurement. With the approval of the above people's governments, you can purchase by yourself.
Article 19 The purchaser may entrust a procurement agency qualified by the relevant departments of the State Council or the relevant departments of the provincial people's government to handle government procurement matters within the scope of entrustment. The purchaser has the right to choose a purchasing agency on his own, and no unit or individual may designate a purchasing agency for the purchaser in any way.
Article 20 If the purchaser entrusts a procurement agency to handle procurement matters in accordance with the law, the purchaser and the procurement agency shall sign an agency agreement to determine the entrusted agency matters in accordance with the law and stipulate the rights and obligations of both parties.
Article 21 Suppliers refer to legal persons, other organizations or natural persons that provide goods, projects or services to purchasers.
Article 22 Suppliers participating in government procurement activities shall meet the following conditions: (1) Have the ability to independently bear civil liability; (2) Have good business reputation and a sound financial accounting system; ( 3) Have the necessary equipment and professional technical capabilities to perform the contract; (4) Have a good record of paying taxes and social security funds in accordance with the law; (5) Have no major illegal records in business activities within the three years before participating in government procurement activities; (5) 6) Other conditions stipulated by laws and administrative regulations. The purchaser may stipulate specific conditions for suppliers based on the special requirements of the procurement project, but may not impose differential or discriminatory treatment on suppliers under unreasonable conditions.
Article 23 The purchaser may require suppliers participating in government procurement to provide relevant qualification certification documents and performance information, and in accordance with the supplier conditions stipulated in this law and the specific requirements for suppliers of the procurement project, Review supplier qualifications.
Article 24 Two or more natural persons, legal persons or other organizations may form a consortium and jointly participate in government procurement as a supplier. If government procurement is conducted in the form of a consortium, all suppliers participating in the consortium shall meet the conditions stipulated in Article 22 of this Law, and shall submit a joint agreement to the purchaser, specifying the work and obligations of each party in the consortium. All parties to the consortium shall jointly sign a procurement contract with the purchaser and bear joint and several liability to the purchaser for the matters agreed in the purchase contract.
Article 25 The parties involved in government procurement shall not collude with each other to harm national interests, social public interests and the legitimate rights and interests of other parties; they shall not exclude other suppliers from participating in competition by any means. Suppliers shall not bribe purchasers, procurement agencies, members of the bid evaluation committee, members of the competitive negotiation team, or members of the inquiry team or use other improper means to win the bid or close the deal. Procurement agencies shall not seek illegal benefits by bribing purchasers or using other improper means.
Chapter 3 Government Procurement Methods
Article 26 Government procurement adopts the following methods: (1) public bidding; (2) invitational bidding; (3) competitive negotiation; (4) Single-source procurement; (5) Inquiry; (6) Other procurement methods recognized by the government procurement supervision and management department of the State Council. Public bidding should be used as the main procurement method for government procurement.
Article 27 If a purchaser purchases goods or services through open bidding, the specific amount standards for government procurement items belonging to the central budget shall be stipulated by the State Council; for government procurement items belonging to local budgets, It shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; if it is necessary to adopt procurement methods other than public bidding due to special circumstances, approval shall be obtained from the procurement supervision and management department of the people's government at or above the districted city or autonomous prefecture level before the procurement activities begin.
Article 28 The purchaser shall not break the goods or services that should be procured through public bidding into parts or avoid public bidding in any other way.
Article 29 Goods or services that meet any of the following circumstances may be procured by invitation to bid in accordance with this Law: (1) Those that are special and can only be procured from a limited range of suppliers ; (2) The cost of using public bidding accounts for an excessively large proportion of the total value of government procurement projects.
Article 30 Goods or services that meet any of the following circumstances may be procured through competitive negotiation in accordance with this Law: (1) After the bidding, no supplier bids or there is no qualified bid or re-bidding fails. (2) The technology is complex or of a special nature, and detailed specifications or specific requirements cannot be determined; (3) The time required for bidding cannot meet the urgent needs of users; (4) The total price cannot be calculated in advance.
Article 31 Goods or services that meet one of the following circumstances can be purchased from a single source in accordance with this law: (1) they can only be purchased from a single supplier; (2) It is impossible to purchase from other suppliers due to unforeseen emergencies; (3) The consistency of the original procurement items or the requirements for supporting services must be ensured, and additional purchases need to be continued from the original suppliers, and the total amount of additional purchase funds shall not exceed the original contract Ten percent of the purchase amount.
Article 32 Government procurement projects that require unified specifications and standards for goods, sufficient supply of goods in stock, and small price changes may be purchased through inquiry in accordance with this Law. Chapter 4 Government Procurement Procedures
Article 33 The department responsible for preparing departmental budgets shall list the government procurement projects and fund budgets for that fiscal year when preparing the departmental budget for the next fiscal year. , reported to the financial department at the same level for summary. Approval of departmental budgets shall be carried out in accordance with budget management authority and procedures.
Article 34: When goods or services are procured through invitational bidding, the purchaser shall randomly select three or more suppliers from among the suppliers that meet the corresponding qualifications and issue an invitation to them. Invitation to bid.
Article 35 If goods and services are procured through bidding, it shall not be less than twenty days from the date when bidding documents are issued to the deadline for bidders to submit bidding documents.
Article 36 During the bidding and procurement process, if any of the following circumstances occurs, the bid shall be cancelled: (1) There are less than three suppliers that meet the professional requirements or provide substantive responses to the bidding documents. (2) There are illegal or illegal behaviors that affect the fairness of the procurement; (3) The bidders' quotations exceed the procurement budget and the purchaser cannot pay; (4) The procurement task is canceled due to major changes. After the bid is canceled, the purchaser shall notify all bidders of the reasons for the cancellation.
Article 37 After the bid is cancelled, the bidding shall be reorganized unless the procurement task is canceled; if other methods of procurement are required, the people's government of the districted city, autonomous prefecture or above shall be obtained before the procurement activities begin. Approval by the government procurement supervision and management department or relevant government departments.
Article 38 Where competitive negotiation is adopted for procurement, the following procedures shall be followed: (1) Establish a negotiation team. The negotiation team shall consist of an odd number of three or more representatives of the purchaser and relevant experts, among whom the number of experts shall not be less than two-thirds of the total number of members. (2) Formulate negotiation documents.
Negotiation documents should clarify the negotiation procedures, negotiation content, terms of the draft contract, and criteria for evaluating the transaction, among other matters. (3) Determine the list of suppliers to be invited to participate in negotiations. The negotiation team determines no less than three suppliers from the list of suppliers that meet the corresponding qualifications to participate in the negotiation and provides them with negotiation documents. (4) Negotiation. All members of the negotiation team negotiate individually with a single supplier. During the negotiation, any party to the negotiation shall not disclose the technical data, prices and other information of other suppliers related to the negotiation. If there are substantial changes to the negotiation documents, the negotiation team shall notify all suppliers participating in the negotiations in writing. (5) Determine the supplier for the transaction. After the negotiation, the negotiation team shall require all suppliers participating in the negotiation to make final quotations within the specified time. The purchaser shall determine the transaction supply from among the transaction candidates proposed by the negotiation team based on the principles of meeting procurement needs, equal quality and service, and the lowest quotation. suppliers and notify all unconcluded suppliers participating in the negotiation of the results.
Article 39: When purchasing from a single source, the purchaser and the supplier shall abide by the principles stipulated in this Law and conduct procurement on the basis of ensuring the quality of the procurement project and a reasonable price agreed upon by both parties.
Article 40 When purchasing through inquiry, the following procedures shall be followed: (1) Establish an inquiry team. The inquiry team shall consist of an odd number of three or more representatives of the purchaser and relevant experts, among whom the number of experts shall not be less than two-thirds of the total number of members. The inquiry team shall stipulate matters such as the price composition of the procurement project and the criteria for evaluating the transaction. (2) Determine the list of suppliers to be inquired. Based on the procurement needs, the inquiry team will identify no less than three suppliers from the list of suppliers that meet the corresponding qualifications and issue an inquiry notice to them for quotations. (3) Inquiry. The inquiry team requires the supplier being inquired to quote a price that cannot be changed. (4) Determine the supplier for the transaction. The purchaser determines the supplier who has completed the transaction based on the principles of meeting the procurement requirements, equal quality and service, and the lowest quotation, and notifies all unconcluded suppliers who have been inquired about the results.
Article 41 The purchaser or the purchasing agency entrusted by him shall organize the acceptance of the supplier's performance of the contract. For large or complex government procurement projects, nationally recognized quality inspection agencies should be invited to participate in the acceptance inspection. Members of the acceptance party shall sign the acceptance letter and bear corresponding legal responsibilities.
Article 42 Purchasers and procurement agencies shall properly preserve the procurement documents for each procurement activity of government procurement projects, and shall not forge, alter, conceal or destroy them. The retention period of procurement documents is at least fifteen years from the date of completion of procurement. Procurement documents include procurement activity records, procurement budgets, bidding documents, bid documents, bid evaluation standards, evaluation reports, bidding documents, contract texts, acceptance certificates, questions and answers, complaint handling decisions and other relevant documents and information. Procurement activity records should at least include the following contents: (1) Procurement project category and name; (2) Procurement project budget, fund composition and contract price; (3) Procurement method. If a procurement method other than public bidding is adopted, the reasons should be stated. ; (4) Conditions and reasons for inviting and selecting suppliers; (5) Bid evaluation standards and reasons for determining the winning bidder; (6) Reasons for canceling bids; (7) Corresponding records of procurement methods other than bidding.
Chapter 5 Government Procurement Contracts
Article 43 Government procurement contracts shall be governed by the Contract Law. The rights and obligations between the purchaser and the supplier shall be agreed upon in a contract in accordance with the principles of equality and voluntariness. The purchaser can entrust a procurement agency to sign government procurement contracts with suppliers on its behalf. If a procurement agency signs a contract in the name of the purchaser, a power of attorney from the purchaser shall be submitted as an attachment to the contract.
Article 44 Government procurement contracts shall be in written form.
Article 45 The government procurement supervision and management department of the State Council shall, in conjunction with relevant departments of the State Council, stipulate the terms that must be included in government procurement contracts.
Article 46 The purchaser and the supplier that wins the bid or concludes the transaction shall sign a government procurement contract in accordance with the matters determined in the procurement documents within thirty days from the date of issuance of the notice of winning the bid or closing the transaction.
The notice of winning the bid and completing the transaction has legal effect on both the purchaser and the supplier who won the bid and completed the transaction. After the notice of winning the bid or completing the transaction is issued, if the purchaser changes the result of winning the bid or completing the transaction, or if the supplier that wins the bid or completes the transaction gives up the project, he shall bear legal liability in accordance with the law.
Article 47 Within seven working days from the date of signing the procurement contract for a government procurement project, the purchaser shall submit a copy of the contract to the government procurement supervision and management department and relevant departments at the same level for filing.
Article 48 With the consent of the purchaser, the supplier that wins the bid or concludes the transaction may use subcontracting to perform the contract in accordance with the law. If a government procurement contract is performed by subcontracting, the supplier that wins the bid and concludes the transaction shall be responsible to the purchaser for the procurement project and the subcontracted project, and the subcontracted supplier shall bear responsibility for the subcontracted project.
Article 49 During the performance of a government procurement contract, if the purchaser needs to add goods, projects or services that are the same as the subject matter of the contract, it may negotiate and sign with the supplier without changing other terms of the contract. Supplementary contracts, but the purchase amount of all supplementary contracts shall not exceed ten percent of the purchase amount of the original contract.
Article 50 The parties to a government procurement contract may not change, suspend or terminate the contract without authorization. If the continued performance of a government procurement contract will harm the interests of the country and the public, both parties shall change, suspend or terminate the contract. The party at fault shall be liable for compensation. If both parties are at fault, each shall bear corresponding responsibilities.
Chapter 6 Questions and Complaints
Article 51 If a supplier has any questions about government procurement activities, he may ask the purchaser, and the purchaser shall respond in a timely manner. However, the content of the reply shall not involve trade secrets.
Article 52 If a supplier believes that its rights and interests have been harmed by the procurement documents, procurement process, bid winning, and transaction results, it may notify the supplier within seven working days from the date it knew or should have known that its rights and interests were harmed. Within the time limit, raise the objection in writing to the purchaser.
Article 53 The purchaser shall respond within seven working days after receiving the written query from the supplier, and notify the questioning supplier and other relevant suppliers in writing, but the content of the reply shall No trade secrets shall be involved.
Article 54 If the purchaser entrusts a procurement agency to purchase, the supplier may make inquiries or questions to the procurement agency, and the procurement agency shall comply with Articles 51 and 53 of this Law. Respond to matters within the scope of the purchaser's entrustment and authorization in accordance with the provisions of this article.
Article 55 If the questioning supplier is not satisfied with the reply of the purchaser or procurement agency or the purchaser or procurement agency fails to respond within the prescribed time, the supplier may be questioned within 10 days after the expiration of the reply period. Complain to the government procurement supervision and management department at the same level within five working days.
Article 56 The government procurement supervision and management department shall make a decision on handling the complaint within thirty working days after receiving the complaint, and notify the complainant and the relevant party concerned in writing. party.
Article 57: While handling complaints, the government procurement supervision and management department may, depending on the specific circumstances, notify the purchaser in writing to suspend procurement activities, but the suspension period shall not exceed thirty days.
Article 58 If the complainant is dissatisfied with the complaint handling decision of the government procurement supervision and management department or the government procurement supervision and management department fails to handle the complaint within the time limit, he may apply for administrative reconsideration or file an administrative lawsuit with the People's Court in accordance with the law.
Chapter 7 Supervision and Inspection
Article 59: Government procurement supervision and management departments shall strengthen supervision and inspection of government procurement activities and centralized procurement agencies. The main contents of supervision and inspection are: (1) the implementation of laws, administrative regulations and rules related to government procurement; (2) the implementation of procurement scope, procurement methods and procurement procedures; (3) the professional quality and professionalism of government procurement personnel Skill.
Article 60: Government procurement supervision and management departments shall not set up centralized procurement agencies and shall not participate in the procurement activities of government procurement projects. Procurement agencies and administrative agencies must not have any affiliation or other interest relationship.
Article 61 Centralized procurement agencies shall establish and improve internal supervision and management systems. The decision-making and execution procedures for procurement activities should be clear and subject to mutual supervision and restriction.
The responsibilities and authorities of the personnel handling procurement and those responsible for review and acceptance of procurement contracts should be clear and separated from each other.
Article 62 Procurement personnel of centralized procurement agencies shall have relevant professional qualities and professional skills and meet the requirements for professional positions prescribed by the government procurement supervision and management department. Centralized procurement agencies should strengthen education and training for their staff; conduct regular assessments on the professional level, work performance and professional ethics of procurement personnel. Procurement personnel who fail the assessment shall not continue to serve.
Article 63 The procurement standards of government procurement projects shall be made public. If the procurement method specified in this law is adopted, the purchaser shall announce the procurement results after the procurement activities are completed.
Article 64 The purchaser must make purchases in accordance with the procurement methods and procedures stipulated in this law. No unit or individual may violate the provisions of this Law and require purchasers or procurement staff to purchase from suppliers designated by them.
Article 65: The government procurement supervision and management department shall inspect the procurement activities of government procurement projects, and the parties involved in government procurement shall truthfully report the situation and provide relevant materials.
Article 66 The government procurement supervision and management department shall conduct assessments on centralized procurement agencies’ procurement prices, fund-saving effects, service quality, credibility, and whether there are any illegal activities, etc., and publish the assessments regularly and truthfully result.
Article 67 Relevant government departments responsible for administrative supervision of government procurement in accordance with the provisions of laws and administrative regulations shall strengthen supervision of government procurement activities in accordance with their division of responsibilities.
Article 68 The audit agency shall conduct audit supervision on government procurement. The government procurement supervision and management department and all parties involved in government procurement shall accept the audit supervision of the audit agency regarding government procurement activities.
Article 69: Supervisory agencies shall strengthen supervision of state agencies, state civil servants and other personnel appointed by state administrative agencies participating in government procurement activities.
Article 70 Any unit or individual has the right to accuse and report illegal acts in government procurement activities, and relevant departments and agencies should handle them in a timely manner in accordance with their respective duties.
Chapter 8 Legal Responsibilities
Article 71 If a purchaser or procurement agency commits any of the following circumstances, he or she shall be ordered to make corrections within a time limit, be given a warning, and may also be fined. The directly responsible person in charge and other directly responsible personnel shall be punished by their administrative departments or relevant agencies, and shall be notified: (1) Those who should adopt public bidding methods but use other methods for procurement without authorization; (2) Those who raise procurement standards without authorization ; (3) Entrusting an agency that is not qualified as a government procurement agent to handle procurement matters; (4) Treating suppliers differently or discriminatoryly under unreasonable conditions; (5) Negotiating with bidders during the bidding and procurement process Negotiations; (6) Failure to sign a procurement contract with the supplier that won the bid or transaction after the notice of winning the bid or transaction is issued; (7) Refusing the relevant departments to implement supervision and inspection in accordance with the law.
Article 72 If the purchaser, procurement agency and its staff have any of the following circumstances, which constitutes a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be fined and if there are any illegal gains , and the illegal gains shall be confiscated, and those who belong to state agency staff shall be given administrative sanctions in accordance with the law: (1) Those who maliciously collude with suppliers or procurement agencies; (2) Those who accept bribes or obtain other improper benefits during the procurement process; (3) Providing false information during the supervision and inspection carried out by relevant departments in accordance with the law; (4) Leaking the bottom bid before the bid opening.
Article 73 If any of the preceding two illegal acts affects or may affect the results of winning a bid or completing a transaction, it shall be dealt with separately according to the following circumstances: (1) The supplier of winning bid or transaction is not determined If the bid winner and transaction supplier have been determined but the procurement contract has not yet been fulfilled, the contract shall be revoked and the bid winner and transaction supplier shall be determined separately from the qualified bid winning and transaction candidates; (3) The procurement contract has been fulfilled If any loss is caused to the purchaser or supplier, the responsible person shall bear the liability for compensation.
Article 74 If a purchaser fails to entrust a centralized procurement agency to carry out centralized procurement for government procurement projects that should be implemented, the government procurement supervision and management department shall order him to make corrections; if he refuses to make corrections, he shall cease to be subject to such procedures. If funds are paid to them from the budget, their superior administrative departments or relevant agencies will impose sanctions on their directly responsible supervisors and other directly responsible personnel in accordance with the law.
Article 75 If a purchaser fails to publish the procurement standards and procurement results of a government procurement project in accordance with the law, he shall be ordered to make corrections and the person directly responsible shall be punished in accordance with the law.
Article 76 If a purchaser or procurement agency violates the provisions of this law by concealing or destroying procurement documents that should be preserved or forging or altering procurement documents, the government procurement supervision and management department shall impose a fine of more than 20,000 yuan. If a fine of less than 100,000 yuan is imposed, the person directly in charge and other directly responsible personnel shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 77 If a supplier commits any of the following circumstances, he or she shall be fined not less than 5% but not more than 10% of the purchase amount, be included in the bad behavior record list, and be prohibited from participating in the competition within one to three years. If there are illegal gains from government procurement activities, the illegal gains shall be confiscated. If the circumstances are serious, the business license shall be revoked by the industrial and commercial administrative authorities; if a crime is constituted, criminal liability shall be investigated in accordance with the law: (1) Providing false materials in order to win a bid or close a deal; 2) Using unfair means to discredit or exclude other suppliers; (3) Malicious collusion with purchasers, other suppliers or procurement agencies; (4) Bribing or providing other illegitimate benefits to purchasers, procurement agencies ; (5) Negotiating with the purchaser during the bidding and procurement process; (6) Refusing supervision and inspection by relevant departments or providing false information. If the supplier falls under any of the circumstances (1) to (5) of the preceding paragraph, the winning bid and transaction will be invalid.
Article 78 If a procurement agency commits illegal acts in its government procurement business, it shall be fined in accordance with relevant legal provisions and may be disqualified from conducting relevant business in accordance with the law. If a crime is constituted, criminal prosecution shall be pursued in accordance with the law. responsibility.
Article 79 If a government procurement party commits one of the illegal acts of Article 71, Article 72, or Article 77 of this Law and causes losses to others, he shall be punished in accordance with relevant laws and regulations. Civil laws provide for civil liability.
Article 80 If any staff member of the government procurement supervision and management department violates the provisions of this Law, abuses his power, neglects his duties, or practices favoritism during supervision and inspection, he shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal prosecution shall be pursued in accordance with the law. responsibility.
Article 81: If the government procurement supervision and management department fails to handle the supplier's complaint within the time limit, the directly responsible person in charge and other directly responsible personnel will be given administrative sanctions.
Article 82 If the government procurement supervision and management department makes false statements or conceals the true situation when assessing the performance of centralized procurement agencies, or fails to conduct regular assessments and publish the assessment results, it shall be corrected in a timely manner. The superior authority or supervisory authority shall notify the person in charge and impose administrative sanctions on the person directly responsible in accordance with the law. If a centralized procurement agency falsely reports its performance and conceals the true situation during the assessment of the government procurement supervision and management department, it will be fined not less than 20,000 yuan but not more than 200,000 yuan, and will be notified; if the circumstances are serious, its qualification as a procurement agent will be revoked.
Article 83 Any unit or individual that obstructs or restricts suppliers from entering the government procurement market in their region or industry shall be ordered to make corrections within a time limit; if they refuse to make corrections, the superior administrative supervisor of the unit or individual shall be ordered to make corrections within a time limit. The department or relevant agency shall impose sanctions on the person responsible for the unit or the individual.
Chapter 9 Supplementary Provisions
Article 84 For government procurement using loans from international organizations and foreign governments, the agreement reached between the lender, fund provider and the Chinese party shall have specific provisions on the procurement. If the conditions are otherwise stipulated, the provisions may be applied, but shall not harm the national interests and the interests of the public.
Article 85 This law does not apply to emergency procurements due to serious natural disasters and other force majeure events and procurements involving national security and secrets.
Article 86 Military procurement regulations shall be separately formulated by the Central Military Commission.
Article 87 The specific steps and methods for the implementation of this law shall be prescribed by the State Council.
Article 88 This Law shall come into effect on January 1, 2003. The editor of Kanazawa Shengye compiled it, I hope it can help you!
Legal basis:
Article 42 of the "Government Procurement Law of the People's Republic of China" stipulates the purchaser and procurement agency's procurement activities for each government procurement project Documents must be properly preserved and must not be forged, altered, concealed or destroyed. The retention period of procurement documents is at least fifteen years from the date of completion of procurement. Procurement documents include procurement activity records, procurement budgets, bidding documents, bid documents, bid evaluation standards, evaluation reports, bidding documents, contract texts, acceptance certificates, questions and answers, complaint handling decisions and other relevant documents and information. Procurement activity records should at least include the following contents: (1) Procurement project category and name; (2) Procurement project budget, fund composition and contract price; (3) Procurement method. If a procurement method other than public bidding is adopted, the reasons should be stated. ; (4) Conditions and reasons for inviting and selecting suppliers; (5) Bid evaluation standards and reasons for determining the winning bidder; (6) Reasons for canceling bids; (7) Corresponding records of procurement methods other than bidding.