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Administrative Measures For Non-Government Procurement Tendering Procurement Methods

Original Language Title: 政府采购非招标采购方式管理办法

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Administrative measures for non-government procurement tendering procurement methods

    (December 19, 2013 the Treasury to 74th, published since February 1, 2014) Chapter I General provisions

    First in order to standardize government procurement practices, strengthen supervision and administration of non-tenders procurement procurement activities, safeguarding national interests, public interests and the legitimate rights and interests of the parties in government procurement, according to the People's Republic of China Law on government procurement (hereinafter referred to as the Government Procurement Act) and other relevant provisions of laws and administrative regulations, these measures are formulated.

Article sourcing, procurement agency non-tenders procurement procurement of goods, construction and services, these measures shall apply.

Non-tendering procurement methods mentioned in these measures refers to competitive negotiation, single source and inquiry procurement.

Competitive negotiation refers to the negotiating groups in accordance with qualified suppliers on procurement of goods, construction and services negotiations, submissions in response to the supplier in accordance with the requirements of negotiation documents and final offers, the procuring entity from negotiating team deal candidates identified in the deal made by the vendor's purchase.

Single source procurement is a procurement from a particular supplier purchasing goods, works, and services purchase.

    Inquiry refers to inquiry Panel issued to those who meet the qualifications of the supplier purchasing goods notice of inquiry, request a quote must not change the price, purchase from the inquiries made by the Panel of suppliers purchase deal candidates identified in the deal.

Article procurement, purchasing agents purchase the following goods, construction and services, can use of competitive negotiation, single source procurement procurement procurement of goods, and inquiry procurement methods can be used:

(A) formulate within the list of centralized purchasing of, and is not up to public tender the amount of goods and services;

(B) the law directory for centralized procurement, procurement thresholds above, and it is not up to public tender the amount of goods and services;

(C) open tender amount, approved by closed tender of goods and services;

    (D) in accordance with the bidding law and its implementing regulations must be subject to tenders of construction projects outside of government procurement projects.

    Chapter II general provisions

    Fourth open tender the amount of procurement of goods, services, projects, non-tendering procurement methods to be adopted, the procuring entity shall be in advance of the procurement activities, reported after the Director agreed with the budget, the financial Department of the people's Governments above city divided into districts, autonomous prefectures for approval.

Fifth according to the article fourth application for non-tenders procurement procurement, the procuring entity shall submit the following documents to the financial Department and responsible for the authenticity of the material:

(A) the name of the procuring, purchasing project name, project overview project description;

(B) projects budget amounts, budget approval document or source of funds certificates;

    (C) the intention to apply for the purchase and reason for using.

Article sixth purchase, purchasing agency shall, in accordance with the Government procurement law and these rules provide for the Organization of tendering and procurement activities, and to take the necessary measures to ensure review conducted in strict confidentiality.

    No unit or individual may illegally interfere or affect the evaluation process and results. Article seventh competitive negotiation or the inquiry team by purchasing one of the group representative and accreditation experts more than 3 people composed of experts shall not be less than the number of competitive negotiation team or 2/3 of the total number of members of the inquiry team. Not taking part as a reviewer of the procuring Department or procurement projects of the unit assessment.

Procurement agency personnel shall participate in the review of the Agency's procurement projects.

An open tender the amount of purchases of goods or services, or meet the bid size standard government procurement projects, competitive negotiation group or the inquiry team should consist of more than 5 people are composed of. Use of competitive negotiation, inquiry procurement government procurement projects, evaluation experts from the Government procurement experts randomly from a list of experts in the related field. Technology complex, professional and strong competitive negotiation procurement projects by random means it is difficult to determine the appropriate expert, agreed by the competent budget units can be selected by the reviewers.

    Technology complex, professional and strong competitive negotiation procurement projects, reviewers should contain 1 legal expert.

Article eighth competitive negotiation group or inquiry in the procurement activities, the Group shall perform the following duties:

(A) confirm or develop negotiating document, notice of inquiry;

(B) comply with appropriate qualifications identified in the list of suppliers of at least 3 suppliers to participate in the negotiations or inquiry;

(C) review and evaluate the vendor's response file;

(D) require suppliers to explain or clarify its response file;

(E) the preparation of assessment reports;

    (F) inform buyer, purchasing agents found in the review process the illegal behavior of the vendor.

Nineth competitive negotiation group or members of the inquiry Panel shall perform the following obligations:

(A) discipline, objectivity, impartiality, honesty to carry out their duties;

(B) the procurement files independent review, liable for personal review comments;

(C) participation in the drafting of evaluation reports;

(Iv) complex procurement, procurement agency responded to questions raised suppliers;

    (E) with the finance complaints-handling and supervision and inspection work. Tenth negotiating documents, letters of inquiry should be according to the project's characteristics and the actual needs of the procuring, and approved by the written consent of the purchaser.

Should be to meet the actual needs of the principle of the procuring, budgeting and asset allocation may be supplemented, improved funding and other procurement standards.

    Negotiation documents, notice of inquiry shall not require or specify the vendor name or brand specific goods, may not contain links to the vendor's technology, services and other conditions.

11th negotiation documents, letters of inquiry should include the vendor qualification, purchase invitation, procurement methods, procurement budgets, procurement requirements, procedures, prices or quote requests, documentation requirements, response response documents submitted by time and place, the amount of deposit paid and evaluation forms, transaction standards.

    Negotiating document except as provided in paragraph one of this article's content, should also be a clear negotiating team under negotiation with suppliers may be substantive changes in content, including technical and service requirements in the procurement requirements and the terms of the draft contract.

12th, procurement of the procuring agency should publish announcements, from fiscal departments at or above the provincial level establish the vendor libraries in a random drawing or purchase and review the written recommendation of the experts invited no fewer than 3 in line with the corresponding qualified suppliers to participate in the competition negotiations or inquiry procurement activities. Meet the conditions for government procurement law of 22nd article suppliers can join the supplier base in advance of the procurement activities.

Costs may be charged to the supplier application storage for any of the financial sector, region and industry suppliers a library block must not be used. Procurement and evaluation experts recommend in writing to choose suppliers, procurement and review experts shall issue a written recommendation.

    Purchase featured suppliers of recommended suppliers shall not exceed the proportion of the total number of 50%.

    13th the supplier shall in accordance with negotiated document, inquiry request response document, and its authenticity and legality of legal liability of the response file. 14th the procuring, purchasing agency may require the supplier to submit a response file deposit before the deadline. Margin should be by cheque, Bill of Exchange, promissory notes, online banking payments or guarantees issued by financial institutions, security agencies and other forms of non-cash payment.

Deposit amount should not exceed 2% of the procurement budget.

    Suppliers to cooperatives, can consist of one or more parties jointly governing deposit, which pay a margin on each party to the consortium shall be binding. 15th suppliers should be negotiated document, notice of inquiry requirement before the deadline, will seal a response file delivered to a designated location.

Served after the deadline in the response file is not a valid file, procurement, procurement agency or negotiating groups, the inquiry team should be rejected. Vendor Inquiry response documents submitted prior to the deadline, you can submit a response file to add, modify, or withdraw, and notify the procuring entity, the procurement agency. Supplement, modify the content as part of the response file.

    Supplement, modify the contents of a response file is inconsistent, to supplement, modify the contents of prevail. 16th negotiating team the response file, the inquiry team in the validity, integrity and responsiveness review, you can ask suppliers to ambiguous and similar issues in the response file inconsistency or obvious text and calculation errors, make the necessary clarification, explanation or correction.

Supplier response file clarification, explanation or correction shall not exceed range or change the substance of the response file. Negotiating team, the inquiry Panel require suppliers to clarify, description or correct the response file should be made in writing. Vendor's clarification, explanation or corrections should be made by legal representatives or its authorized representative's signature or seal. Signed by an authorized representative, shall be attached to the legal representative power of attorney.

    Provider is a natural person, she shall sign and proof of identity.

17th, the inquiry Panel shall, in accordance with the negotiating team review records and review results review report, which includes:

(A) invite vendors to participate in the procurement activities of specific ways and circumstances, as well as the list of suppliers participating in procurement activities;

(B) the date and place, the negotiating team, list of members of the inquiry Panel;

(C) review the record and description, including the qualification of suppliers, vendor response document review, negotiation, quote, and so on;

(D) the contract's list of candidates and the reasons put forward. Assessment report should be signed by the negotiating group, the inquiry Panel staff recognition. Negotiating groups, members of the inquiry Panel disagrees with the review report, negotiating groups, inquiry, in accordance with the principle of majority recommend candidates for transactions, procurement process continues. Negotiating team disagrees with the review report, the inquiry team member, shall sign the report differences of opinion and state the reasons, by the negotiating group, inquiry related to written records of the group.
The negotiating team, the inquiry Panel members refused to sign the report without writing its views and reasons, deemed to have agreed to review the report.

    Article 18th buyer or purchasing agent should be identified within 2 business days after contract suppliers, provincial financial departments at or above the specified media announcements on trading results and issued a notice of transaction to contract suppliers, and competitive negotiation, inquiry notices announced together with the transaction results.

Transaction announcement should include the following:

(A) procurement and procurement agency's name, address and contact information;

(B) the project name and project number;

(C) contract vendor name, address, and transaction amount;

(D) the main volume was the subject matter of the name, specification, quantity, unit price and service requirements;

(V) negotiating Panel, the list of the members of the inquiry Panel and single source procurement staff list.

    Featured suppliers participating in procurement activities in writing, shall also publish the recommendations of the procurement and evaluation experts.

Article 19th purchase and deal supplier should deal in the 30th from the date the notice is issued, according to purchase documents to determine contract and procurement standards, specifications, number of procurement, purchasing, technology and services require government procurement contracts signed.

    Purchaser is allowed to contract suppliers outside the procurement documents any requirements as a condition of contract, not deal with suppliers made a departure from the procurement file to determine the contract and procurement standards, specifications, purchase amount, purchase amount, technical and service requirements, such as the substantive content of the agreement. Article 20th procurement or purchasing agency shall be promptly returned to the supplier after the end of the deposit in procurement activities, but due to the supplier's own reason except that cannot be returned in a timely manner.

No transaction vendor's margin should be returned within 5 working days after written notice, contract vendor's margin should purchase returned within 5 working days after the contract is signed.

Any of the following circumstances, deposit is not refundable:

(A) suppliers in the response documents submitted after the deadline for withdrawing a response file;

(B) the supplier provides false information in the response file;

(C) except for cases of force majeure or a negotiated document, notice of inquiry recognized outside contract vendors do not contract with a purchaser;

(D) the supplier and purchaser, other vendor or procurement agencies such collusion;

    (E) other circumstances as prescribed in the procurement documents. Article 21st qualification review found errors and price calculation error, shall not for any reason of purchasing or procurement agencies organizations reviewed.

    Procurement, procurement agency found that negotiating teams, the inquiry Panel was not assessed in accordance with procurement documents sold for standard review, procurement activities should be renewed, and written reports of the financial sector.

22nd except for force majeure and other factors, the contract notices, the procuring entity to change trading results, refused to sign a government procurement contract or sold the supplier shall bear the corresponding legal responsibility. Contract supplier refused to sign a government procurement contract, the procuring entity may, in accordance with this approach article 36th, 49th principles identify other suppliers as provided for in the second paragraph of article sold for vendors and sign a government procurement contract, or back to procurement activities.

    Refused to sign a contract of government procurement contract suppliers not to participate in the project's procurement activities.

    Article 23rd due to major changes in the procurement activities, procurement project is cancelled, procuring or purchasing agency shall terminate the procurement activities to inform all suppliers participating in procurement activities, and implementation of projects and procurement task cancellation reasons submitted to the Finance Department. Article 24th purchase or procurement agencies shall, in accordance with the purchase contract of technology, services and other requirements for vendor performance and acceptance, and issue a check book. Acceptance shall include performance of each technology, services and other requirements. Large or complex projects, nationally recognized quality testing agencies should be invited to participate in acceptance.

    Acceptance of party members should sign the letter of acceptance, and bear the corresponding legal responsibility.

    25th negotiating team, members of the inquiry Panel and review work-related personnel shall not divulge review and informed review of State and commercial secrets. Article 26th buyer, purchasing agent shall keep each procurement activities procurement documents. Purchasing documents include records of procurement activities, the procurement budget, negotiations, inquiry, response document, recommended supplier's advice, review reports, transaction vendor identified files, consultation records, single source procurement contracts, acceptance certificates, questioning reply, complaint handling decisions, as well as other relevant documents and information.

Purchasing documents can be electronically saved files.

Record of procurement activities shall at least include the following:

(A) procurement category, name of the project;

(B) procurement project budgeting, funding and the contract price;

(C) procurement methods, using this method causes and related explanatory material;

(Iv) ways of selecting suppliers participating in procurement activities and reasons;

(E) the evaluation criteria and determine why the transaction vendor of a deal;

    (F) termination of procurement activities and reasons for termination.

    Chapter III competitive negotiation

27th in line with one of the following items, you can purchase competitive negotiation way:

(A) no vendor bid after the bid or not qualified, or bid again failed to set up;

(B) the technically complex or specialized nature cannot determine detailed specifications or specific requirements;

(C) the non-foreseeable by the procuring cause of or time required for non-procurement delays caused by competitive bidding cannot meet the urgent needs of users;

(D) the art purchases, patented, proprietary technology or service time, quantity cannot be determined in advance and cannot calculate the total price in advance. Public tender of goods, and service procurement project, tender process in the submitted bid file or by review substantive response tender file requirements of suppliers only two home Shi, procurement people, and procurement agent institutions according to this approach fourth article by this level financial sector approved Hou can and the two home suppliers for competitive negotiations procurement, procurement people, and procurement agent institutions should according to tender file in the of procurement needs prepared negotiations file, established negotiations group, by negotiations Group on negotiations file for confirmed.

    Subject to this section, the way to 33rd, 35th, the minimum number of suppliers can be stipulated in section two.

28th in accordance with paragraph one of this article 27th the first and the second case, when applying for the use of competitive negotiation procurement methods, in addition to the material provided for in article fifth first to third, but must submit the following application materials:

(A) in provincial financial departments at or above the specified tender notice is published in the media of supporting documents;

(B) procurement, procurement agency issued bidding documents and bidding process for supplier questions and description question;

    (C) the bid Committee or the tender documents issued by 3 or more reviewers did not demonstrate on reasonable terms.

29th from negotiating document issued to suppliers submitting a response file for the first time on the date due date shall not be less than 3 working days. Submission due date a response file for the first time, procuring, purchasing agent or negotiating teams, the negotiating document already issued the necessary clarification or to modify, clarify or modify content as part of a negotiated document.

    Prepare clarification or modification may affect the contents of a response file, procuring, purchasing agent or negotiating groups shall submit a response file for the first time in the 3 working days prior to the date of the deadline, negotiations file received written notice to all suppliers, less than 3 working days, shall submit a response file for the first time extended due date. Article 30th negotiating team should review the response file, and depending on the documented procedures, criteria for evaluating a deal concluded matters such as negotiations and substantive response to the negotiating supplier file requirements.

    No substantive response to the negotiating document responses file is invalid, the negotiating team shall inform the relevant supplier.

    31st all members of the negotiating team should focus on negotiations with a single vendor, respectively, and give suppliers equal opportunity for negotiations of all the participated in the negotiations. 32nd in the bargaining process, the negotiating teams, depending on the file and negotiation of substantive changes in the procurement needs of technical, service requirements, as well as the provisions of the draft contract, negotiated in the files but not change more.

Substantive changes in content, subject to the procurement representatives confirmed.

Substantive changes to the negotiated document is integral part of negotiations, the negotiating team shall promptly notify in writing all the suppliers involved in the negotiations. Supplier shall, in accordance with the negotiating document changes in response files and resubmission of the negotiating team, and by their legal representative or the authorized representative's signature or seal. Signed by an authorized representative, shall be attached to the legal representative power of attorney.

    Provider is a natural person, she shall sign and proof of identity.

33rd negotiating document to set out in detail the subject of procurement technology, service requirements, and following completion of negotiations, the negotiating team shall require that all suppliers continue to participate in the negotiations submitted its final offer in the time allotted, suppliers submit final offers shall not be less than 3.

Negotiations cannot be set out in detail the technical and service requirements of the object of purchase, subject to negotiating final design or solution provided by the supplier, after the end of negotiations, the negotiating team shall, in accordance with the principle of majority voting recommendation 3 above the tool design plan or solution, and called its final offer in the time allotted.

    Final offer is the integral part of vendor response file. Article 34th suppliers submitted a response file, pending submission of the final offer, based on negotiations to withdraw.

    Purchasing, procurement agency shall return the deposit of the supplier to withdraw.

    35th negotiating team should be in terms of quality and service to meet the requirements of the procurement file a substantive response vendors, proposed in a final offer from low to high order 3 or more sold candidates and preparation of review reports.
36th procurement agency should review review report will be sent within 2 working days after purchase confirmation.

The procuring entity shall, within 5 working days after receiving the review report, assessment report contract candidates, based on quality and service can meet the procurement file a substantive response requirements and finally the lowest principle contract suppliers, may in writing authorize the negotiating group also directly determine the contract supplier.

    Buyer fails to determine the contract supplier without objections, considered to determine the final offer submitted by the review report the supplier with the lowest turnover suppliers.

37th under the following circumstances, procurement or purchasing agency shall terminate the competitive negotiation procurement activities, publishing a termination notice and the reasons why an item, back to procurement activities:

(A) due to changes in circumstances, no longer meet the requirements of competitive negotiation procurement methods used;

(B) illegal, violations that affect procurement fair;

    (C) meet the requirements of competition in the procurement process vendor or supplier quotation does not exceed purchase budgets of less than 3, but except in the case provided for in paragraph II of this article 27th.

    The fourth chapter sole-source procurement Article 38th government procurement law of 31st article, and the tender amount of goods, services, single source procurement methods to be adopted, buyer, procurement agency in accordance with article fourth of this approach prior to the approval of the financial sector, should be on the provincial finance departments at or above the specified media publicity, and will be reported to the Ministry of publicity.

Public notice period of not less than 5 working days, publicity should include:

(A) the purchaser, purchase the item's name and content;

(B) the description of the goods or services to be procured;

(C) by reason of single source procurement methods and instructions;

(D) to develop the unique vendor name, address;

(E) professional supplier for patents, proprietary technology, specific arguments that are unique, as well as the professional's name, affiliation and job title;

(F) the public notice period;

    (VII) the procuring, purchasing agents, institutions, financial sector address, contact person and contact phone number.

    39th article of any vendor, units or individuals to use a single source disagrees with the purchasing public, during the publication period will be written back to the procuring, purchasing agents, and with a copy to the relevant financial departments.

40th buyer, purchasing agency received on the use of single source procurement public notice of objection shall, within 5 working days after the expiry of the public, organizing additional demonstration, evaluation think the objection is established, it shall take such other procurement methods; do not think objection formed after an argument, dissenting opinion, arguments should be reported to the relevant financial sector together with the publicity.

    Purchaser, purchasing agent should be supplementary arguments disputing the conclusions to inform suppliers, units or individuals.

    41st single source procurement in purchasing, procurement, purchasing agency should be organized with relevant experience professionals agree on reasonable prices with suppliers to ensure project quality.

42nd single source procurement staff should consult written records, includes:

(A) in pursuance of this article 38th of publicity, publicity information note;

(B) consultation dates and locations, purchasing staff list;

(C) the supplier purchasing costs, similar project contract price and related patents, know-how and other information;

(D) the main terms of the contract and the price agreed. Consultation document should be signed by the procurement staff recognition. Procurement staff in records dispute shall sign the differences of opinion and state the reasons.

    Procurement staff refused to sign the record without writing its views and grounds, agrees.

43rd to appear one of the following circumstances, procurement or purchasing agency shall terminate the procurement activities, publishing a termination notice and the reasons why an item, back to procurement activities:

(A) due to changes in circumstances, no longer meet the requirements of single source procurement methods used;

(B) illegal, violations that affect procurement fair;

    (C) bidding procurement budget.

    The fifth chapter inquiries

    44th inquiry procurement needs in technology, services and other requirements should be complete, clear, in accordance with the relevant provisions of laws and administrative regulations and public procurement policies.

Article 45th inquiry from the date the notice is issued to the supplier submitted a response file expiration date shall not be less than 3 working days. Response documents submitted by the date, purchaser, purchasing agent or an inquiry Panel has issued a notice of inquiry can be necessary to clarify or modify, clarify or modify content as part of the notice of inquiry.

    Prepare clarification or modification may affect the contents of a response file, procuring, purchasing agent or the inquiry team should submit due 3 business days prior to the date of the response file, by written notice to the supplier all received letters of inquiry, of less than 3 working days should be extended due date submitted a response file.

    Article 46th Inquiry Panel in the inquiry process, shall not be identified in the change notice of inquiry technology and services, requirements, procedures, evaluation criteria and contract of a deal and other matters.

    47th suppliers participating in the inquiry procurement activities, should be in accordance with the provisions of the notice of inquiry report must not change prices.

    48th Inquiry Panel should be in terms of quality and service can meet suppliers in the procurement file a substantive response, in accordance with the present price from low to high order 3 or more sold candidates and preparation of review reports.

49th procurement agency should review review report will be sent within 2 working days after purchase confirmation. The procuring entity shall, within 5 working days after receiving the review report, assessment report contract candidates, based on quality and service can meet the procurement file a substantive response and lowest price principle contract suppliers, also may authorize in writing an inquiry Panel determine contract suppliers.

    Buyer fails to determine the contract supplier without objections, considered to determine the final offer submitted by the review report the supplier with the lowest turnover suppliers.

50th under the following circumstances, purchasing or procurement activities in the purchasing agency shall terminate the inquiry and publish project termination notice and the reasons why, back to procurement activities:

(A) due to changes in circumstances, no longer met regulations inquiry application;

(B) illegal, violations that affect procurement fair;

    (C) meet the requirements of competition in the procurement process vendor or supplier quotation does not exceed purchase budgets of less than 3.

    The sixth chapter legal liability

51st procurement, procurement agency any of the following circumstances, a rectification and give a warning; the relevant laws and administrative regulations, impose a fine, and fine; a suspected crime, law transferred to judicial organs for handling:

(A) is not in accordance with the rules specified in government procurement information published in the media;

(B) was not constituted in accordance with the rules negotiating group, the inquiry Panel;

(C) inquiry consultation or negotiation with suppliers in the procurement process;

(D) is not in accordance with the Government procurement law and the procedures and requirements set forth in these procedures deal candidate;

(V) the disclosure review and informed review of State and commercial secrets.

    Procurement agency one of the cases in the preceding paragraph, if the circumstances are serious, suspend its Government procurement agency 3-6 months; the circumstances are especially serious, or it fails, cancel the qualification accreditation of government procurement agencies.

52nd purchase one of the following circumstances, a rectification, warning of relevant laws and administrative regulations, fines, and a fine:

(A) is not in accordance with the Government Procurement Act and the regulations by non-tendering procurement methods;

(B) is not in accordance with the Government procurement law and these rules, determine contract suppliers;

(C) matters that are not determined in accordance with procurement documents entered into government procurement contracts or deal with other depart from the substantive content of the contract agreement entered into by the supplier;

    (D) Government procurement contracts is not complying with the provisions under this the Finance Department for the record.

    53rd procurement, procurement agency to the way to 51st, 52nd circumstances as provided in section, and the circumstances are serious, or refuses to, directly in charge of personnel and other persons belonging to the functionaries, disciplined by the appointment and removal or the supervisory organs, and be informed.

54th deal suppliers have any of the following circumstances, a rectification, in serious cases, on a record of bad behavior list, 1-3 and banned from government procurement activities, and be informed about:

(A) in accordance with procurement documents to determine matters of government procurement contracts signed or entered into with the purchaser otherwise depart from the substantive content of the contract agreement;

(B) executed through without justifiable reason not to sign contracts with the purchaser;

    (C) refuse to perform its contractual obligations.

55th negotiating team, members of the Panel of inquiry, one of the following acts shall be ordered to correct and give a warning; the relevant laws and administrative regulations, impose a fine, and fine; a suspected crime, law transferred to judicial organs for handling:

(A) the receipt of purchase, purchasing agents, agencies, suppliers, other interested person of the property or other improper interests;

(B) the disclosure review and informed review of State and commercial secrets;

(C) knowingly unlawful withdrawal of interest with the supplier;

(D) the AWOL during the review process, affecting the normal review procedures;

(E) assessment is manifestly unreasonable or unfair bias;

(Vi) is not criteria for evaluating a deal concluded in accordance with procurement documents for review.

    Evaluation experts of any of the cases in the preceding paragraph, if the circumstances are serious, canceled its Government procurement accreditation qualification of experts, and not permitted to participate in any review of government procurement projects, publish in the financial sector and information on government procurement shall be published in the media.

56th article 51st, 52nd, 55th, violations of, and influence or may influence the results of the transaction, respectively shall, in accordance with the following circumstances:
(A) does not determine contract suppliers, terminate this purchase activity, again according to law to carry out procurement activities;

(B) contract suppliers have been identified but the procurement contract has not been fulfilled, to cancel the contract from a certified supplier of deal separately in determining the candidates deal, no qualified candidates of the deal, back to procurement activities;

    (C) procurement contracts have been fulfilled, causes losses to the purchaser, vendor, by the person liable.

    57th government procurement any such violation of the Government procurement law and these rules, causing losses to others shall bear civil responsibility according to the civil law.

    Article 58th of any unit or individual illegal intervention, influencing the results of review process or shall be ordered to correct; the employer liability or individuals belonging to functionaries, disciplined by the appointment and removal or the supervisory organs.

    59th supervise staff in the financial sector in the process of illegal intervention in the procurement activities or abuse of power, negligence, malpractice, be disciplined according to law; a suspected crime, law transferred to judicial organs for handling.

    The seventh chapter by-laws

    60th competent budget units in these measures refers to the departments responsible for the preparation of budget responsibility, declared to the financial sector budget of State organs, institutions and organizations.

    Article 61st of various provinces, autonomous regions and municipalities can be based on these measures, formulate specific measures for the implementation of the financial sector. 62nd these measures come into force February 1, 2014.