Classification of government procurement parties
1, the purchaser
The purchaser refers to the state organs, institutions and organizations that conduct government procurement according to law. According to China's Constitution, the state organs include state power organs, state administrative organs, state judiciary, state procuratorial organs, military organs and so on. Institutions are legal persons whose establishment is approved by the government for the purpose of realizing a specific purpose. Group organizations refer to parties and government-approved social groups. China's "Government Procurement Law" provides that the purchaser does not include state-owned enterprises, mainly in view of the enterprise is a production and operation unit, its funds are not all financial funds, there are diversified sources of funds; and is the efficiency of its procurement activities related to production, so can not be completely applied to the operation of the provisions of the government procurement.
2, suppliers
Suppliers are legal persons, other organizations or natural persons to provide goods, works and services to the purchaser. Regarding legal persons, other organizations or natural persons, they are defined in accordance with the relevant provisions of the Civil Code. The various subjects of suppliers are legal persons and other organizations and Chinese citizens registered in China, excluding legal persons and other organizations and foreign citizens registered outside China.
2. Purchasing Agencies
There are two types of purchasing agencies.
One is a centralized purchasing agency established by the government in accordance with the principle of restriction, non-compulsory principle and the principle of independent establishment. It is a non-profit institutions, its business is mandatory and non-mandatory, mainly responsible for the organization and implementation of centralized purchasing activities.
The other is to have certain conditions of the bidding agency intermediary organizations. The conditions are mainly two, one is the relevant government departments at or above the provincial level to grant the bidding agent qualifications, and the second is to obtain the financial sector at or above the provincial level to register for the record qualifications. Procurement agency's main function is to provide procurement agency services for the purchaser, should be commissioned by the purchaser to carry out the work within the scope of the matter.
Legal basis:
"The People's Republic of China*** and the State Government Procurement Law"
Article 56 The government procurement supervision and management department shall, within thirty working days after receipt of a complaint, make a decision to deal with the matter of the complaint, and notify the complainant and the parties concerned with the complaint in writing.
Article 57 The government procurement supervision and management department may, during the period of dealing with the complaint matters, notify the purchaser in writing to suspend the procurement activities as the case may be, but the maximum suspension time shall not exceed thirty days
Regulations on the Implementation of the Government Procurement Law Article 21 Where the purchaser or the procurement agent pre-qualifies the suppliers, the announcement of the pre-qualification shall be published in the media designated by the people's government at or above the provincial level. The media designated by the finance department shall be published. Where pre-qualification has been conducted, the qualifications of suppliers may no longer be examined at the evaluation stage. Pre-qualified suppliers in the evaluation stage of the qualification changes shall notify the purchaser and the procurement agency.
Pre-qualification announcement shall include the name of the purchaser and the procurement project, the procurement needs, the qualification requirements for suppliers and suppliers to submit pre-qualification application documents time and place. Submission of pre-qualification application documents shall not be less than five working days from the date of publication of the announcement.