There are two types of cases:
One, to the bidder to challenge
According to the bidding implementation regulations, Article 54, bidders or other interested parties have objections to the results of the evaluation of the bidding of projects that must be bidding according to law, shall be put forward in the period of publicity of the winning candidate. The bidder shall respond within 3 days from the date of receipt of the objection; before responding, shall suspend the bidding and tendering activities.
II. Complaints to the administrative supervision department
1. Article 60: The bidder or other interested party that the bidding and tendering activities are not in accordance with the laws and administrative regulations, may, within 10 days from the date of the knowledge or should be aware of, to the relevant administrative supervision department to file a complaint. The complaint shall be supported by a clear request and the necessary supporting materials. The time for objection due to Article 54 shall not be counted.
Extended information:
Government bidding complaint processing:
I. Finance department receives the complaint, it shall be reviewed within five working days, after reviewing the following circumstances:
(a) the complaint does not meet the provisions of Article 18 of these measures, shall be within five working days of receipt of the complaint, a one-time written notice to the complainant to make corrections. 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 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 complaint matters to the complainant's reply notice and a copy of the complaint.
II. Article 22 :The person complained against and other parties concerned with the matter of 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 finance department and submit relevant evidence, grounds and other relevant materials.
III. Article 23 The financial sector to deal with the complaint matters in principle, the use of written review. When the financial department deems necessary, it may conduct an investigation to obtain evidence or organize a cross-examination.
1. The financial sector may, in accordance with the provisions of laws and regulations or responsibilities, entrusted to the relevant units or third parties to carry out investigations and evidence collection, inspection, testing, appraisal.
2. Examination shall notify the relevant parties present, and make a transcript of the examination. The record shall be signed by the parties to confirm.
4. Article 24 of the financial sector in accordance with the law, the investigation and evidence collection, the complainant, the complainant, as well as units and persons related to the complaint shall truthfully reflect the situation, and provide the financial sector need the relevant materials.
V. Article 25 should be the complainant to bear the burden of proof of the complaint, the complainant fails to provide relevant evidence, basis and other relevant materials, the complaint is not considered to be established; the respondent fails to submit relevant evidence, basis and other relevant materials in accordance with the notice of response to the complaint is deemed to be a waiver of the right to explain, and will bear the adverse consequences in accordance with the law.
VI. Article 26 The financial department shall, within 30 working days from the date of receipt of the complaint, make a decision on the handling of the complaint.
VII. Article 27 The time required for the financial department to handle the complaint matters, which require inspection, testing, appraisal, expert evaluation and the need for the complainant to make corrections to the materials, shall not be counted as part of the time limit for handling the complaint.
1. 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.
2. If the financial department carries out inspection, testing, appraisal, expert evaluation to the relevant units, third parties, it shall inform the complainant of the time required.
VIII. Article 28 of the financial sector in the handling of complaints during the matter, may, depending on the circumstances, notify the purchaser and the procurement agency in writing to suspend the procurement activities, the suspension of procurement activities shall not exceed a maximum of 30 days.
1. Procurers and procurement agencies shall immediately suspend procurement activities upon receipt of the notice of suspension of procurement activities shall not be carried out before the end of the statutory period of suspension or notice of resumption of procurement activities issued by the financial sector, the procurement activities.
9. Article 29 Complaints handling process, one of the following circumstances, the financial department shall dismiss the complaint:
(a) acceptance of the complaint is found to be not in line with the statutory conditions for acceptance;
(b) the complaint lacks factual basis for the complaint is not substantiated;
(c) the complainant fabricated facts or provide false materials;
(d) the complainant with illegal means to obtain supporting materials. If there is obvious doubt about the legality of the source of 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.
X. Article 30 of the financial sector to accept the complaint, the complainant applies in writing to withdraw the complaint, the financial sector shall terminate the complaint handling procedures, and inform the relevant parties in writing.
xi. Article 31 The complainant filed a complaint about the procurement documents, the financial sector after 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 circumstances:
(a) did not determine the winning bidder or supplier of the transaction, and ordered to re-open the procurement activities.
(b) 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 procurement activities.
(C) government procurement contract has been signed but has not yet been performed, the contract is canceled, and ordered to re-open procurement activities.
(d) government procurement contract has been performed, causing losses to others, the relevant parties may bring an action according to law, the responsible person to bear the liability.
XII. Article 32 The complainant of the procurement process or 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 circumstances:
(a) did not determine the winning bidder or supplier of the transaction, and ordered to carry out the procurement activities again.
(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 performed, causing losses to others, the relevant parties may file a lawsuit in accordance with the law, the responsible person to bear the liability. Complaints filed by the complainant on the abolition of the bidding behavior of the complaint is established, the financial sector shall determine the abolition of the bidding behavior is invalid.
Thirteen. Article 33 the financial sector to make a decision, shall produce a complaint processing decision, and stamped with the official seal. Complaint handling decision letter shall include the following contents:
(1) the name or names of the complainant and the person being complained about, mailing address, etc.;
(2) the facts identified by the handling decision and the relevant basis for the specific handling decision and the legal basis;
(3) informing the relevant party to apply for administrative reconsideration of the right to apply for administrative reconsideration, administrative reconsideration organ and the period of time for applying for administrative reconsideration, and the The right to file an administrative lawsuit and the deadline for filing a lawsuit;
(d) The date of the processing decision.
XIV. Article 34 The finance department shall send the decision on the handling of complaints to the complainant and the parties concerned with the matter of the complaint, and promptly announce the results of the handling of complaints in the media designated by the finance department at or above the provincial level for the release of government procurement information. Complaint handling decision letter delivery, with reference to the Chinese People's *** and National Civil Procedure Law on the provisions of the service.
Article 14. Article 35 The financial department shall establish a complaint handling file management system and cooperate with the supervision and inspection conducted by the relevant departments in accordance with the law.
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