Administrative Measures On Government Procurement Information Bulletin

Original Language Title: 政府采购信息公告管理办法

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(August 11, 2004 Ministry of Finance released 19th implemented since the September 11, 2004) Chapter I General provisions article in order to standardize government procurement information bulletin, improving transparency in government procurement activities, the promotion of fair competition, according to the People's Republic of China Law on government procurement (hereinafter referred to as the Government Procurement Act), these measures are formulated.
    Government procurement information in article, refers to standardize government procurement activities, laws, rules, regulations and other normative documents, and represent data and information on the status of procurement activities in General.
    Government procurement information bulletin, refers to these rules shall be made public on government procurement government procurement information specified in the financial sector information released to the public in the media.
    Article sourcing, procurement agency of government procurement shall be governed by laws and administrative regulations and these regulations, announcements of government procurement information.
    Procurement agency referred to in the preceding paragraph, refers to the central purchasing bodies and other procurement agencies lawfully recognized qualifications.
    Fourth government purchasing information should follow the information channels, content standards, is relatively concentrated, easy access to find principles. Fifth financial departments at or above the county level shall be responsible for the information activities of government procurement oversight, inspection and management.
    However, the following duties carried out by the provincial financial departments at or above: (a) determine bulletins of the scope and content of information on government procurement, (ii) specify and supervise media announcements on government procurement information.
    Article sixth Ministry of finance is responsible for determining the scope and content of government procurement information bulletin, all national government procurement information published media.
    The provincial level (including municipalities, the same below) financial departments are responsible for determining local government procurement information on the scope and content, you can specify the local government purchasing information media.
    In addition to finance and provincial finance departments, no other units or individuals may specify media to government procurement information.
    Article seventh information should first be specified at the Treasury on government procurement government procurement information published announcements in the media.
    Local government procurement information in its Government procurement information specified by the provincial financial Department published announcements in the media.
    Second chapter government procurement information announcement range and content eighth article except involved national secret, and suppliers of commercial secret, and legal, and administrative regulations provides should to confidential of government procurement information yiwai, following Government procurement information must announcement: (a) about government procurement of legal, and regulations, and regulations and other normative file; (ii) provincial above Government announced of concentrated procurement directory, and Government procurement limit standard and public tender amounts standard; (three) Government procurement tender business agent institutions directory;
    (Four) tender bid information, including public tender announcement, and invited tender qualification pre announcement, and bid announcement, and sold results and corrections matters,; (five) financial sector accepted Government procurement complaints of contact way and the complaints processing decided; (six) Treasury door concentrated procurement institutions of assessment results; (seven) procurement agent institutions, and suppliers bad behavior records list; (eight) legal, and regulations and regulations provides should announcement of other government procurement information.
    Nineth except as provided in article eighth of this approach content, above the provincial level according to management needs of the financial sector, increase government procurement information need to be announced.
    Tenth article public tender announcement should including following content: (a) procurement people, and procurement agent institutions of name, and address and contact way; (ii) tender project of name, and uses, and number, and briefly technology requirements or tender project of nature; (three) suppliers qualification requirements; (four) gets tender file of time, and locations, and way and the tender file price; (five) bid as time, and opening time and the locations; (six) procurement project contact people name and phone.
    11th article invited tender qualification pre announcement should including following content: (a) procurement people, and procurement agent institutions of name, and address and contact way; (ii) tender project of name, and uses, and number, and briefly technology requirements or tender project of nature; (three) suppliers qualification requirements; (four) submitted qualification application and the proved material of as time and the qualification review date; (five) procurement project contact people name and phone.
    12th article bid announcement should including following content: (a) procurement people, and procurement agent institutions of name, and address and contact way; (ii) procurement project name, and uses, and number, and briefly technology requirements and the contract perform date; (three) set standard date (indicate tender file number); (four) this project tender announcement date; (five) bid suppliers name, and address and bid amount; (six) assessment standard Committee members list; (seven) procurement project contact people name and phone.
    13th procurement information correction notice shall include the following information: (a) procurement, procurement agency name, address and contact information; (ii) procurement program for the original notice of name and date of the first notice, and (iii) correct the matter, content and date; (iv) procurement project contact person and telephone number.
    Article 14th procurement agencies, suppliers list record of bad behavior announcements, shall include the party name, cause, treatment and processing of the results, and so on.
    15th complaints decided that the notice should include the following elements: (a) procurement, procurement agency name, (ii) procurement project name and the purchase date; (c) the name of the complainant and the subject of complaint; (d) the complaint handling body name; (e) the main content of the decision.
    Chapter on government procurement government procurement information bulletin article 16th bulletin information must be true and accurate, may not be a false and misleading statement, not omission legally required notice. 17th article in each and every government procurement information on the specified media announcements of the same government procurement information, content must remain consistent.
    Does not match the order designated by the Ministry of information on government procurement information for announcements in the media, but except as otherwise provided in laws and administrative regulations.
    18th in government procurement information on the specified media announcement the same time inconsistent government procurement information, to publish the Treasury government procurement information media for first time to post information on bulletin and on matters relating to government procurement the parties should be aware of the time.
    19th government procurement laws, regulations, rules and other regulatory documents directory for centralized procurement, government procurement thresholds, information such as public tendering limit standard, the financial Department of the people's Governments above provincial level are responsible for publishing announcements in the media specified in the Government procurement information.
    20th bidding information by buyer or its authorized procurement agencies are responsible for publishing announcements in the media specified in the Government procurement information.
    Article 21st on the centralized purchasing agencies the results of the assessment and procurement agencies, vendors, record information such as the list of bad behavior, by the Government of the people's Governments at the Finance Department in accordance with the relevant provisions in the procurement information bulletin on the specified media.
    22nd article this article 19th, 20th and 21st provided other than the information belong to the management of government procurement supervision, carried out by the financial Department of the people's Government at the notice belongs to the procurement operations, by the purchaser or the principal procurement agency announced.
    23rd procurement, procurement agency need announcements of government procurement information, by fax, e-mail and other shortcuts to specify the information to government procurement information published media, can be provided by the financial Department of the people's Governments at the same level to assign media to government procurement information.
    Fourth chapter specify media management article 24th government procurement government procurement information specifies the media responsible for the contractors of the Government purchasing information as provided herein to specific issues.
    Government procurement government procurement information specifying the publication media release information, should reflect the public welfare. 25th government purchasing information media shall, in accordance with information provided by the information provider posting information.
    However, the information space is too large, specifying the publication of media government procurement information can be carried out in accordance with the harmonized technical requirements appropriate compression and adjustment adjustment of compression and shall not change the substance of the information provided.
    26th government purchasing information media information providers information in violation of the law, rules, regulations and these rules shall promptly recommended modification of information providers; refused to modify the information provided shall be made to the report of the financial Department of the people's Government at the same level of information providers.
    Designated by the financial Department of the 27th government procurement information published in the media network of media, should be within 1 working day of receiving the notice information on Internet; newspapers specified shall, within 3 working days from the date of receipt of notice information published; specify magazine, information should be the relevant notice is published in a timely manner.
    28th article specifying the publication of media government procurement information of government procurement information published by statistics and will result arranging submitted to the financial Department of the people's Governments at the same level. 29th specifying the publication of media government procurement information should be announced to the public the media's name and contact information.
    Name and contact information changes shall be announced to the public in a timely manner, and is responsible for specifying its financial sectors of government procurement information published for the record. Fifth chapter legal responsibility 30th article procurement people or procurement agent institutions has following case one of of, by County government financial sector ordered deadline corrected, give warning; on directly is responsible for of competent personnel and other directly responsibility personnel, by its administrative competent sector or about organ give disposition, and to informed: (a) should announcement government procurement information and not announcement of; (ii) not first in Treasury specified of government procurement information released media Shang announcement information, Or does not publish financial sector information on government procurement announcement in the media, (iii) the information content in clear violation of the regulations on government procurement;

    (D) two or more notices specifying the publication of media government procurement information with the same information the substance of an apparent inconsistency and (v) not complying with the prescribed notice information.
    31st article procurement people or procurement agent institutions has following case one of of, procurement invalid, and by County government financial sector give warning or informed criticism; belongs to government procurement agent institutions responsibility and plot serious of, law canceled its for related business qualification: (a) tender bid information in the to not reasonable conditions limit or exclusion potential bid people of; (ii) announcement of information not real, has false or fraud content of.
    32nd article government procurement information specified released media has following case one of of, by provincial above government financial sector give warning; plot serious of, law canceled its Government procurement information specified released media qualification; caused economic loss of, law bear corresponding of compensation responsibility: (a) violation prior agreed charged or disguised charged information released costs of; (ii) no due reason refused to released information provides who provides information of; (three) no due reason delays government procurement information released time of;
    (D) publish information on government procurement information providers to provide information on the substantive content of the (v) other acts in violation of government procurement management information.
    33rd article of any unit and individual unlawful interference with information on government procurement activities, by the financial Department of the people's Governments above provincial level shall be ordered to correct within a warning; it refuses to, transmitted to the relevant authorities according to law.
    34th article of any units or individuals find information on government procurement activities are not subject to this regulation, to the financial Department of the people's Government at the complaint or report is entitled to, the financial sector should be dealt with according to law.
    Sixth chapter supplementary articles article 35th provincial financial departments according to the measures, formulate specific implementing measures. 36th article of the measures implemented since the September 11, 2004.
                    Treasury issued on September 11, 2000 the implementation of the information management practices of government procurement (Treasury [2000]7) repealed simultaneously.

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