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Implementing Rules For The Regulations Of Shenzhen Special Economic Zone On Government Procurement

Original Language Title: 深圳经济特区政府采购条例实施细则

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Executive Rules of the Government's procurement regulations

(Act No. 249 of 17 April 2013 of the People's Government Order No. 249 of 1 June 2013)

Chapter I General

In order to implement the Government's procurement regulations (hereinafter referred to as procurement regulations) in the Shenzhen Economic Zone, this application rule was developed in the light of the fact that the Zhentz Economic Zone was actually in practice.

Article II focuses on the procurement platform as an operational platform for planning, assignment, declaration and organization of implementation and oversight management for central procurement projects in municipalities, sector governments.

The city's financial sector (hereinafter referred to as the municipal authorities) is entrusted with the establishment and management of a centralized procurement platform for all-urban governments. The municipal government has focused on the establishment and maintenance of a unified e-government procurement management system, the establishment of a unified regulatory government centralizing procurement services, the development of harmonized government procurement operation protocols and harmonized government procurement formats, the provision of government procurement data access and project advice.

Article III focuses on procurement catalogues including generic goods, engineering, services and other procurement projects for pre-selection procurement systems. The development of a centralized procurement catalogue should be guided by the principles based on actual needs and scale-up.

Article IV. The municipal authorities should focus their procurement institutions and relevant sectors with the municipal government, in accordance with national standards, industry standards, and the practical needs of procurement projects, including the standard of staffing and technical norms for procurement projects, such as the office equipment of administrative units. The Government's procurement standards are published after the approval of the municipal government, and the procurementr shall not be subject to excessive standards or excessive procurement.

Article 5 Government procurement should promote small and medium-sized enterprise development, and the procurementr and the Government's centralized procurement institutions can be supported through retention of procurement shares, evaluation scores, evaluation price deductions, performance guarantees. The specific approach was developed by the municipal authorities on the basis of the facts.

Article 6. The city, the regional financial sector (hereinafter referred to as the competent authority) should convene a joint meeting on procurement involving inspection, audit, market regulation, and the Government's centralized procurement agencies to inform the Government of the procurement process, study major matters and deal with major disputes, in accordance with the work needs.

The authorities should focus on the establishment of a centralized procurement cooperation mechanism and a clearing-house platform with the Government to keep the situation regularly informed and to study procurement policies, among others.

The major controversy referred to in the previous paragraph refers to major objections to the procurement documents and to the identification of major disputes and other complex complaints disputes.

Article 7 Government procurement participants may be established by law as a self-regulation industry organization. In accordance with the relevant laws, regulations and statutes, the organizations of the procurement industry and the legitimate rights and interests of the procurement participants, organize academic studies, business exchanges and advisory services and receive supervision and guidance from the municipal authorities.

Chapter II Government procurement of participants

Article 8. The legal representative of the procurement person is the first responsible for the procurement of this unit's Government.

The procurement officer should appoint a procurement specialist to assist the Government in the procurement of procurement services by the first responsible person to organize the Government's procurement services, as well as the self-employment procurement of the unit, make recommendations for the Government's procurement decision-making process, which is responsible for the auditing, internal control, clearance, procurement inspection, procurement oversight.

Article 9

(i) Implementation of government procurement laws, regulations and related provisions and participation in the formulation of relevant provisions for procurement by the Government;

(ii) To organize, in accordance with the provisions, procurement and participation in the receipt of projects in the directory of procurement;

(iii) In accordance with the provisions for the organization of procurement and participation of confidential, emergency and major procurement projects;

(iv) An evaluation of the effectiveness of procurement projects entering the Government's centralized procurement platform;

(v) Tracking the evaluation process and the quality of evaluation of the evaluation experts;

(vi) To receive and coordinate responses to queries and questions concerning Government procurement projects and to assist in the handling of complaints;

(vii) Participation and collaboration with municipal governments in the establishment and management of a centralized procurement platform, a vendor's bank and the Government's procurement information bank, keeping with the mark information bank;

(viii) Laws, regulations and other responsibilities under the District Government.

The authorities of the region are entrusted with the centralization of procurement institutions for contract preparation of government procurement projects and management of vendor performance. The responsibilities of new sectors to focus on procurement institutions are specified separately from the relevant sectors.

Article 10, paragraph 4, of the procurement regulations shall be subject to the following conditions:

(i) A specialized agency that organizes its own procurement;

(ii) The ability to prepare procurement documents and to organize procurement solicitation;

(iii) There is a sound government procurement system for internal control;

(iv) A procurement officer with respect to the scale, complexity and economy of the procurement solicitation projects;

(v) The special specialized equipment and services required for procurement projects are professional, technically high, and annual procurement is not less than three thousand dollars;

(vi) Other conditions identified by the municipal authorities.

The self-organization of procurement projects should be carried out through the Government's centralized procurement platform and in accordance with procurement regulations and the Government procurement operation process under this applicable rules. The authorities should organize their own procurement projects, such as higher colleges and scientific institutions, using a fast-track approach and a post-assessment system.

Experts involved in the evaluation of government procurement projects should be drawn from the pool of experts. Owing to special requirements, such as industry or skills, the expert pool does not meet the conditions for selecting experts and may hire experts with expertise or skills in the relevant industry to conduct project evaluation.

The municipal authorities are the management of government procurement evaluation experts and are responsible for the establishment of a unified government procurement evaluation expert bank to oversee evaluation experts. Regional authorities assist the municipal authorities in overseeing the evaluation of experts.

Article 12 In government procurement activities, the representatives of the procurement and the consulate of the solicitation bodies, as well as the supplier of evaluation experts, should be avoided by:

(i) Labour relations with suppliers within three years of participation in procurement activities;

(ii) To serve as suppliers' directors, heads of offices, consultants and others in the first three years of the procurement exercise;

(iii) In the first three years of participation in procurement activities, the vendor's share or the actual control person;

(iv) The statutory representative of the supplier or the head of the head of the spouse, his/her blood, his or her babies or his close relationship;

(v) Other relationships with suppliers that affect or may affect the fairness of government procurement activities.

Article 13 is one of the following cases, and suppliers may not be involved in competition in government procurement projects, except as provided otherwise by law, legislation and regulations.

(i) The existence of interest relations with the procurementr would affect the fair conduct of government procurement activities;

(ii) The existence of subordinates, control units and other common interests with social procurement agents;

(iii) Provision of services such as design, planning, etc. for procurement project requirements programmes or pre-session preparation;

(iv) Other circumstances that affect the fairness of government procurement activities.

Article 14. The author of the solicitation body shall be admitted by the competent authorities for the purpose of avoiding the application for the benefit of the supplier of the procurement project. The authorities shall decide within two working days of the date of receipt.

Other procurement participants apply for evasion with suppliers of the procurement project and for the avoidance of suppliers by the solicitation bodies. The solicitation body shall decide within two working days of the date of receipt.

Removal decisions by the solicitation body should be contested and the objector shall apply for review to the competent authorities within two working days from the date of receipt of the decision, and the competent authorities shall decide within two working days from the date of admissibility.

Chapter III

Article 15 shall open tendering projects to be procured in private tenders and shall be approved by the competent authorities. The request for private solicitation submitted by the procurementr shall be approved by the competent authority within five working days of the date of receipt.

The procurement regulations, article 19, paragraph 2, stipulate that the procurement requirement for private tendering should be disclosed by the competent authorities. The presentation was not less than five working days, and the period was not taken into account.

Article 16 shall be open to tendering for procurement by private solicitation, and the procurementr shall submit the following material to the competent authorities:

(i) The name of the procurer, the name of the project, the procurement plan, the size of the project and the source of funds;

(ii) Project technical needs and standards;

(iii) To apply for procurement, grounds and proof of material in private tenders;

(iv) Relevant industries and potential suppliers;

(v) Modalities and reasons for the supplier participating in the solicitation in private;

(vi) Considential and emergency projects;

Article 17 failed to make public tenders for less than three suppliers making effective tenders, and public tenders should be reorganized. However, in accordance with the following circumstances, the procurement may be converted to private tenders for approval by the competent authorities:

(i) The solicitation documents are not unreasonable;

(ii) No objection or objection during the publication of the solicitation documents;

(iii) The solicitation proceedings are consistent with the provisions.

Article 18

(i) Note by the public solicitation process;

(ii) Participation in open solicitation suppliers' lists;

(iii) The reasons for the failure of public tenders and the proof of material.

The request for private solicitation submitted by the competent authority to the solicitation body shall be approved within five working days of the date of receipt.

Article 19 is one of the following cases in which procurement projects are concentrated in the scope of procurement and, with the approval of the competent authorities, the procurementr may make its own procurement:

(i) Concrete procurement-related projects, as determined by law;

(ii) The Government-recognized emergency projects or the risk-recovery projects require the identification of suppliers at the time of time;

(iii) The Government's centralized procurement agency considers that it is not possible to produce a medium or a supplier through centralized procurement proceedings;

(iv) The project has been centralized in procurement according to the prescribed procedures, but it is not possible to produce the intermediate or the supplier;

(v) Other cases identified by the authorities.

In accordance with article 20, the procurementr shall submit to the competent authorities the following material:

(i) Includes specific requests for self-procurement, procurement projects, self-imposed procurement, potential suppliers and prices, or information materials;

(ii) In the case of Article 19, subparagraphs (i), (ii), of the present executive rule, the identification material for the projects involved in the handling, response and risk response should be provided;

(iii) In the case of article 19, subparagraph (iii), of the present executive rule, a note and reason for the Government's centralization of procurement institutions that cannot be centralized in procurement;

(iv) In the case of article 19, subparagraph (iv), of this application, information should be provided on the procurement process of the project.

The competent authorities shall be authorized within five working days of the date of the request for material backup.

Article 21, in line with the self-procurement project set out in Article 19 of the present Rules, the procurementr shall, within three working days after the completion of its own procurement, make the project budget, the main content of the project, the screening of the supplier, the submission of the supplier's name, the amount of delivery, the delivery period or the completion period, public procurement website announcements by the competent authorities, with the exception of national secrets and commercial secrets.

Chapter IV Government procurement procedures

Section I

Article 2 focuses on procurement in accordance with the procurement regulations and procedures set out in the present Rules, and the relevant provisions of this section are not regulated by other sections of this chapter.

Article 23 Government procurement is subject to planned management, and procurement plans should be prepared in accordance with approved procurement budgets, and procurement projects should be organized in accordance with the procurement plan and subject to procurement results.

In order to implement the procurement project pre-trial system, the competent authorities may organize the accounting and evaluation of the project budget, actual requirements.

The third evaluation refers to an interim independent evaluation team consisting of experts, industry associations and industry authorities, in accordance with the special needs of the procurement project.

Article 24: The procurement plan shall be based on approved procurement budgets, pooled procurement catalogues and centralized procurement limits standards, and shall be prepared in accordance with the following requirements:

(i) Specific elements such as the basic conditions of government procurement projects and the manner of procurement;

(ii) Projects and funds are in line with governmental procurement budgets;

(iii) A project for the same purpose shall be classified and presented;

(iv) Market survey reports or findings on matters such as procurement prices, specifications and technical requirements.

The Government's procurement plan should be submitted to the authorities for approval, which shall be approved by the competent authorities within five working days of the date of receipt. Government procurement projects that are centrally procured should be declared by the procurementr within three months of the procurement plan. Undeclared, the authorities may freeze the budget indicators of the procurement plan of the procurementr.

In order to implement a centralized procurement system, the municipal authorities should establish a management system and a conduit for centralized procurement, with municipal governments pooling procurement agencies to bring together government procurement plans on a regular basis in accordance with the categories of goods.

Article 26 Procurementers need to prepare procurement needs based on approved government procurement plans and actual work. Procurement needs include the following:

(i) The conditions for suppliers to be established;

(ii) The amount of the budget or the maximum amount of the budget;

(iii) Technical standards, technical specifications, service content and procurement, and other elements considered necessary by the procurementr;

(iv) The main terms of the content of the contract;

(v) The proposed evaluation methodology, evaluation factors, evaluation criteria and targeted methodologies.

The solicitation body should make a change in the procurement requirements that are not in line with government procurement requirements, and the procurementr should be modified in accordance with the relevant provisions.

The Government's centralized procurement agency should verify the procurement needs of major procurement projects; the procurement needs are not in line with government procurement requirements, and the Government's centralized procurement agencies should make proposals for changes and the procurementrs should be subject to the relevant provisions.

In accordance with the Government's procurement plan category, the procurement declaration shall be made to the solicitation bodies through the Government's centralized procurement platform and the following declaration material shall be delivered:

(i) The approved procurement plan;

(ii) Procurement needs;

(iii) The procurement of imported goods, construction or services shall provide procurement clearance documents;

(iv) The procurement of confidential tenders subject to approval should be made available for approval;

(v) Other material requested by law and regulations.

Article 28 should prepare procurement documents based on the characteristics of procurement requirements and procurement projects.

Procurement documents include solicitation documents, negotiating documents, competition documents, keeping with tender procurement announcements. The procurement documents should be made public in the amount of the budget for the procurement project or the maximum amount established under the budget.

Article 29 of the procurement budget amounted to more than one thousand dollars or to a major controversy over the procurement needs, and the solicitation bodies should organize and solicit public advice when preparing procurement documents. The timing of the organization's argument and the request for advice is not taken into account in the preparation of procurement documents, but no more than 15 days may be extended, with the approval of the competent authorities, for exceptional circumstances.

Article 33 The procurementr shall confirm or make written objections to the competent authorities within three working days of the date of receipt of the procurement documents prepared by the solicitation body. The solicitation bodies were considered to be confirmed by the failure of the procurementr to pre-recognize and not object to the authorities.

The purchaser objected by the competent solicitation body to explain within three working days. The authorities have processed within five working days since the receipt of the interpretation of the solicitation bodies. There is a need to investigate evidence and the time required is not taken into account for processing, but the time to investigate the evidence does not exceed 10 working days.

The procurementr and the solicitation bodies should modify the procurement documents in accordance with the authorities' handling views.

A procurement document may provide for a bidder to pay a bid bond, which shall not exceed one per cent of the budget amount, but the lowest amount shall not be less than one million dollars. The tender bonds should be paid in non- cash form.

Article 32 Governments should concentrate on procurement projects in accordance with uniform rules, and the Government should concentrate on procurement agencies on developing specific operating protocols such as vendor qualifications, evaluation criteria, format instruments.

Section II

The solicitation body shall publish the solicitation notice and the solicitation documents by 10 days of the deadline for tenders. The procurement project, which amounts to more than one thousand dollars, shall be published on the solicitation notice and the solicitation documents before the deadline for tenders.

The preparation of solicitation documents should increase the weight of price factors in government procurement evaluation and the solicitation documents shall not contain the following:

(i) Conditional requirements that are not adapted to the project hierarchy, which contain specifications or technical provisions that are contrary to fair competition, such as orientation, limitation or exclusion of potential bid suppliers;

(ii) To identify specific suppliers or products, design brands or origins and require manufacturers to give specific authorization to a project;

(iii) Developing parameters for procurement needs based on a enterprise or brand's product statement or technical indicators;

(iv) The conditions of registration of capital, total assets, income, practitioners, profit, tax, performance experience, operating sites, on-site surveys as qualified suppliers' terms of qualifications;

(v) Other non-reasonable provisions such as discriminatory, ranking.

The evaluation requirements, such as the criteria for qualification verification, the criteria for the evaluation, the weight of weight, are not set out in the solicitation documents and shall not serve as a basis for evaluation.

Article 35 does not require clarification or modification of the solicitation documents, and the procurementr confirms the timing of the solicitation documents through a centralized procurement platform.

The solicitation documents require clarification or modification, which is part of the solicitation documents, and the final time for clarification or modification of the notice is confirmed by the solicitation documents.

Article 336 The solicitation body shall conduct a qualification verification of tender suppliers, verify non-qualified and validate their tenders on the elements of the award document.

Article 31 quantify the principle of separation of tenders as referred to in article 28 of the procurement regulations refers to procurement in a public solicitation process, which is responsible for evaluating tender documents, recommending the successful supplier and making written evaluation reports, and for identifying the successful supplier by the procurementr in accordance with the evaluation report and the selection of the supplier recommended by the evaluation board.

The procurementr may also authorize the evaluation committee to determine the supplier. The procurementr should be confirmed by the evaluation board for the successful supplier established under the authority.

Article 338 The Evaluation Committee consists of an evaluation expert, with more than five candidates, and the evaluation expert is chosen by the competent authorities in an random manner from the pool of experts.

The procurementr authorizes the evaluation board to determine the supplier and the procurementr may be represented in the evaluation committee, but the share of the procurement representative in the evaluation committee should not exceed one third.

The members of the evaluation committee should strictly observe the rules of evaluation, conduct evaluation and perform their duties in a fair manner, in accordance with the evaluation methods and evaluation criteria established by law, regulations.

In accordance with the provisions of the solicitation documents, the Evaluation Committee conducted a consistent verification of the effectiveness, integrity and responsiveness of tender documents. According to the Evaluation Committee, the tender documents were not substantively responsive and tendered for invalidity.

Article 40 The Evaluation Committee shall evaluate the solicitation documents in accordance with the following methodology:

(i) Integrated evaluation. In order to maximize the substantive requirements of the solicitation documents, an integrated evaluation is conducted in accordance with the factors set out in the solicitation documents, and the bidder whose bids are ranked as a recommended candidate.

The procurement project using the Integrated Digestion Law, which is not subject to a weight of 30 per cent of the total value of the goods project, shall not be less than 40 per cent of the project and the services project shall not be less than 20 per cent. Special circumstances require adjustments in price weight and should be approved by the authorities.

(ii) qualitative evaluation law. In accordance with the considerations set out in the solicitation documents, a qualitative evaluation of the technical commercial nature of the solicitation documents would provide advice on whether tender documents meet the substantive requirements for the solicitation documents, indicating the advantages, weaknesses, problems and matters to be taken into account and clarified prior to the conclusion of the contract and form the evaluation report. All submissions were not awarded to bidders who were either deemed to be invalid or invalid, and were recommended to be successful suppliers.

(iii) Minimum price law. The substantive requirements of the solicitation documents are fully met, according to the low-ranking order of the submission, the selection of the supplier is based on the number or proportion of the solicitation documents.

(iv) Other evaluation methods provided for by law, regulations.

The evaluation methodology for the procurement project, the number or proportion of suppliers recommended by the evaluation committee should be clarified in the solicitation documents.

Article 40. The procurementr shall determine the supplier as follows:

(i) Self-determined legislation. The procurementr organizes the demarcation board, which is determined by the Commission as a successful supplier.

(ii) The drawing of lots. After the selection of the successful supplier, the solicitation body organizes the use of the successful supplier.

(iii) Competition law. Two competitions were organized by the solicitation body to select the successful supplier, with the ultimate lowest bid supplier.

The targeted methodology for procurement projects should be clear in the solicitation documents.

Article 42 shall communicate the evaluation report to the procurementr within two working days from the end of the evaluation, and the procurementr shall determine the successful supplier within three working days from the date of receipt of the evaluation report.

The procurementr was later uncertain and the solicitation body should report to the authorities. The processing time was not taken into account during the procurement period.

Article 43 thirteenth authorizes the evaluation board to determine the successful supplier, and the evaluation committee shall use an integrated evaluation method or a minimum price law to determine the supplier in order and communicate the findings to the procurement person within two working days from the date of the identification of the successful supplier, which shall be confirmed by the procurementr within three working days from the date of receipt of the outcome. The procurementr does not consider it as a confirmation of the delay.

Article 44 shall be preceded by a notice of the mark by the solicitation body, which shall provide an indication of the results through the Government's procurement of the designated website, with the exception of national secrets and commercial secrets. The following should include:

(i) The name of the supplier, the eligibility response and the quota;

(ii) The list of experts for evaluation of the project and the list of suppliers to be selected;

(iii) List of the successful supplier identified;

(iv) Other provisions of laws, regulations and regulations.

The reference to subparagraph (i) of the former paragraph may be made subject to verification by the solicitation body of the qualifications of the bidder.

The objector shall submit to the solicitation body prior to the expiration of the notice. The notice of the mark shall be issued by the solicitation body without objection or objection.

Article 42 senshrines suppliers abandon the prequalification or the eligibility of the sub-sixed supplier is validated by law and should be reorganized.

As a result of urgent circumstances, reorganizing procurement cannot meet the requirements of the procurementr, and the procurementr may, with the verification by the competent authorities, identify the successful supplier from other successful suppliers in accordance with the criteria set out in the solicitation documents.

To identify successful suppliers, the solicitation bodies should make a presentation on the situation of the successful bid supplier, an indication of the non-objection and the identification of new intermediate markers, and the need to reorganize the procurement.

Removal of the prequalification or the eligibility of the marker by the successful supplier shall be deemed null and void by law and should be reorganized.

Article 46 provides for the application of competitive negotiation modalities for procurement, which may arise through the following methodology:

(i) The procurementr recommends from a specific range of suppliers;

(ii) The solicitation bodies are openly collected from specific suppliers;

(iii) Other methods prescribed by law, regulations.

Article 47 applies to competitive negotiation methods for procurement, and the solicitation bodies should organize a negotiating group of procurementrs and evaluation experts, with the number of more than three groups, of which experts may not be less than two thirds of the total team.

Article 48 applies to competitive negotiations, and all members of the negotiating group negotiate separately with single suppliers, which should not be less than three times. The negotiating group shall publish to all suppliers, prior to each round of negotiations, the latest commitments and quotations of each supplier, without disclosing the specific offers and technical information of each supplier.

The quality of the project, the evaluation methodology and the budget amount shall not be changed during the negotiation process, with other substantive changes, and the negotiating group shall inform all suppliers involved in the negotiations in writing.

Section III Pre-election procurement proceedings

Article 49 pre-selection procurement means a procurement organization that produces a certain number of pre-selection suppliers, including through open tendering, where the procurementr determines a form of a transferee and the amount of a procurement organization in the context of the pre-selection supplier. The pre-selection suppliers include agreement suppliers, qualification suppliers, freight forwarders, e-businesses, strategic partners.

A pre-selection procurement may apply in the following cases:

(i) Common types of procurement projects;

(ii) A non-commercial procurement project, but a one-time solicitation procurement could not determine the value, quantity or contract value of the mark;

(iii) Other projects under laws, regulations and regulations.

The following procedures apply to pre-selection procurement projects:

(i) The Government concentrates on the development of pre-selection procurement project programmes, which are implemented by post-approval organizations.

(ii) The Government concentrates on the creation of a number of pre-selection suppliers, including through open tendering, and the establishment of a pre-selection vendor pool.

(iii) The generic pre-selection procurement project was signed by the Government's centralized procurement agency with the pre-selection procurement agreement; other pre-selection procurement projects were signed by the procurementr with the pre-selection suppliers.

(iv) The procurementr determines the supplier and the amount of the transaction as defined in the pre-selection vendor pool.

(v) The Government's centralized procurement agency will pre-selection procurement projects, the results of the procurement presentation, with no less than three days.

Article 52 uses the following methods for pre-selection procurement projects to be identified as suppliers from the pre-selection suppliers:

(i) Direct choice of purchase law. The purchaser is directly selected at the established price in the pre-selection slate.

(ii) The drawing of lots. The purchaser produces the supplier by drawing lots from the pre-selection supplier that meets the requirements of the procurement project.

(iii) Competition law. The Government concentrates on the issuance of procurement announcements by procurement agencies, with the participation of eligible pre-selection suppliers, which are identified as suppliers by the procurementr through at least a round of negotiations or offers.

(iv) Other methods set forth in laws, regulations or regulations.

Article 53 should focus on procurement institutions with the Government to strengthen the management of pre-selection suppliers and establish pre-selection suppliers selection and exit mechanisms.

The Government should concentrate on the establishment of a pre-selection vendor bank and dynamic management, establish a pre-selected vendor classification management system such as classification management, evaluation, awards and authentication files, establish a sound pre-selection procurement information management system, and enhance the management of pre-selection vendor performance, service quality and price levels.

Chapter V Government procurement contracts

Article 54 of the Government procurement project, which focuses on the procurement threshold, should be presented to the Government's centralized procurement agency. The conclusion of supplementary agreements or the removal of contracts shall take place within 10 days of the date of the conclusion of the supplementary agreement or the removal of the contract.

Article 55 of the procurementr should form the identification team for the procurement project. Members of the Panel should have expertise and experience in practice relating to procurement projects. The unit does not have relevant professional technicians, which may invite the accredited quality test body and other third evaluation parties to participate in the identification.

The costs incurred as a result of the receipt were borne by the organizers; the Government focused on the participation of procurement agencies in the process, which was borne by the Government's centralized procurement agencies.

Article 56 applies to the procurement contract payment of the procurement contract by the procurementr and shall submit funds for payment and other material requested by the competent authorities. In accordance with the provisions, the contract reserve shall be provided.

The authorities shall review and make payments within five working days of the request submitted by the procurementr.

Article 57 substantive provisions of the contract include procurementmarks, specifications, procurement amounts, quantity of procurement, quality standards, performance time and location, etc.

The Government's procurement should be gradually introduced in the public service procurement card system, and procurement projects with the conditions for the settlement of public procurement cards should be subject to public service procurement card settlement. The Government's meetings and public service accommodation are subject to a public procurement card settlement, such as customized purchases, customary fuel, maintenance and insurance operations, commercial stores or small-star procurement.

The municipal authorities should develop a public service procurement card management approach that would regulate the use, payment and settlement of public procurement cards, based on the progressive expansion of the use of public service procurement cards.

Article 59, Quality Service contracts refer to contracts for performance evaluation in service types of government procurement contracts. A supplier with a high-quality service contract may introduce an extension incentive mechanism.

The duration of the quality service contract was extended by the procurementr to the competent authorities within six months of the expiration of the original contract. The competent authorities should organize the Government's centralized procurement agency's performance evaluation of the extension project, and major procurement projects should invite third evaluation parties to conduct performance evaluation and to concentrate the procurement agencies on the performance evaluation reporting authorities, and the competent authorities to make a decision on whether the contract is extended in accordance with the performance evaluation report. The decision of the competent authorities to extend the period shall be communicated to the extent of the performance evaluation and the extension contract before a decision is taken.

Quality service contracts may last for up to twenty-four months, up to two times. The substantive contents of the continuing contract shall not be changed.

Chapter VI Questions and complaints

The supplier participating in the procurement activities of the Government may, by law, challenge the procurementr, the Government's centralized procurement agency and the social procurement agent in writing, for the purposes of the following matters:

(i) The procurement document contains restrictive, provocative provisions;

(ii) The clarification of the procurement document or modification of the breach;

(iii) There should be no derogation from the provisions;

(iv) Cases of collusion between the procurement participant, in-depth or a supplier;

(v) Other suppliers conceal the true situation and provide false information to seek either mark or surrender;

(vi) The procurement process violates the provisions;

(vii) Other matters where suppliers consider themselves to be impaired.

Article 41 of the procurement regulations states that the supplier shall be aware of the date of the damage to its rights and interests:

(i) Challenge of procurement documents and date of publication of procurement documents;

(ii) Challenge of the procurement process on the date of the conclusion of the procurement proceedings;

(iii) The question of whether the mark or the outcome of the surrender and the composition of the evaluation committee, the negotiating group, the competition price group shall be on the date of the mark or the presentation of the outcome.

The supplier's challenge or the complaint need to obtain relevant evidence to the relevant sector or to organize specialized agencies, personnel to test, test or identify, and the time required is not to be taken into account during the question of the processing of the complaint.

Article 62 Suppliers questioned the merits of submitting a written query, which should contain the following:

(i) There is a clear appeal request;

(ii) There is a clear challenge;

(iii) The right to be impaired by the question of matters;

(iv) There are reasonable facts and bases;

(v) Other materials provided for in laws, regulations and regulations.

The vendor's false facts, the question of the provision of false material, and the question of whether the name of the other person was questioned or was not justified to cooperate in the investigation, which was recorded by the competent authorities in the vendor's authenticity file.

The matter of a supplier's complaint should be a matter of concern. The supplier's complaint should be submitted in writing, and the complaint should contain the following:

(i) There are clear claims for complaints;

(ii) A clear complaint target;

(iii) There are reasonable facts and reasons.

Complaints consistent with these conditions should be admissible by the authorities. Complaints received by the competent authorities have been accepted by other administrative departments and the authorities may terminate the proceedings.

Article 64 is in compliance with the following circumstances, and during the question of or the processing of complaints, the authorities may suspend the Government's procurement activities:

(i) A procurement activity may have violations;

(ii) Challenge or complaint matters may affect the evaluation results;

(iii) Other cases where there is a need for suspension.

The authorities shall issue a notice of the suspension of the procurement decision and inform the procurementrs and the suppliers participating in the procurement in writing.

The duration of the suspension shall not exceed 10 days, and as a result of the exceptional need for extensions, the principal head of the authority may authorize ten days. The suspension of the procurement period does not take into account the procurement period.

In accordance with the preceding paragraph, the suspension of procurement proceedings should be resumed.

The following article 55 does not contest a complaint by a supplier and is dealt with in accordance with the relevant laws, regulations:

(i) The information presented by the supplier after questioning the expiration of the complaint period reflects and reports;

(ii) Complaints and circumstances of procurement by other Governments other than suppliers;

(iii) Complaints and circumstances from sectors such as inspection, audit, correspondence;

(iv) Other situations reflect, report, observations and recommendations.

Oversight management

Article 46 should establish a system of government procurement inspectors, hire social agents to serve as government procurement supervisors, and the Government's procurement supervisors have oversight and advice over government procurement, and that violations of ongoing government procurement activities should be addressed in a timely manner.

Other units and individuals have the right to prosecute and prosecute violations committed in government procurement activities, which should be dealt with in a timely manner in accordance with their respective responsibilities.

According to the authorities, a written report is a national loss of economic losses, which is rewarded by a ratio of 1 to 5 per cent of the amount recovered, but the maximum amount does not exceed $1 million.

Article 67

(i) Access to inspection sites;

(ii) Explore the personnel of the inspectorate;

(iii) Access to relevant information from the inspection units;

(iv) Participation in meetings held by the inspectorate in connection with Government procurement activities;

(v) To collect relevant information in the form of photocopy, reproduction, recording, video, recording, etc.;

(vi) In cases where evidence may be lost or subsequently difficult to obtain, the competent authority may be registered before being granted;

(vii) Other modalities provided for by law, regulations and regulations.

Article 68: The authorities shall carry out a focused inspection of the following government procurement projects and incorporate the competent authorities' archaeological system:

(i) Procurement projects amounting to more than one thousand dollars;

(ii) A project to challenge, complain or change the evaluation results;

(iii) The failure of public tenders to be converted into private tender procurement projects;

(iv) Focusing procurement into self-procurement projects;

(v) A project to organize procurement by a procurer with an organizational capacity;

(vi) A project to be procured in private by open tendering;

(vii) Government procurement projects transferred from other regulators.

The authorities may conduct joint inspections with relevant departments, such as inspection, auditing, on government procurement activities.

Article 69 shall determine in public solicitation the establishment of social procurement agents and shall conduct periodic evaluation of the performance of procurement operations by agents of the social procurement agency, establish an integrated evaluation, dynamic management system, select disadvantages for social procurement agents and improve the quality of government procurement, in conjunction with routine regulatory and specialized inspection activities. The results of the evaluation were linked to the number and amount of procurement projects by the Acting Government and were an important factor in the evaluation of the solicitation by the social procurement agent for the next round.

Article 76 found that the ongoing Government procurement activities were under the conditions set out in article 36 of the procurement regulations and should end the payment of procurement payments, terminate government procurement and withdraw procurement projects.

Article 76 of the Government's centralization of procurement institutions should establish a government procurement data base that incorporates information on Government procurement projects such as brands, specifications, prices, volumes and vendor performance evaluation and is made public in accordance with public information provisions. The creation of the qualifications of government procurement project suppliers, the development of procurement needs, the procurement price rating, and the procurement evaluation scores may refer to information from the Government's procurement database.

The enhancement of vendor integrity management, violations of laws, regulations and regulations in government procurement activities, or serious breaches of contractual agreements and poor performance evaluation suppliers, should be included in the black list of authentic files, subject to the duration of the contract's next tender, and the prohibition of their participation in the procurement of the market, in accordance with procurement regulations and related provisions.

Article 72 is responsible for statistical information on the procurement of statistics by the top-level government. The procurementr, the Government's centralized procurement agency and the social procurement agent should regularly inform the Government of procurement statistics and related materials, as requested by the authorities.

In addition to the Government procurement project within the scope of the construction of tender management, its trading services should conduct regular statistical, summary, timely referrals to the authorities, and the relevant data are included in the statistical scope of government procurement.

Article 73 procurement projects entering the Government's centralized procurement platform should assist the authorities in their management. Violations and violations identified in the procurement process should be reported and processed in a timely manner to the authorities.

The Government should focus on procurement agencies in developing the Government's procurement effectiveness assessment indicators system, and provide improved advice on the price of completed government centralized procurement projects, as well as economic, fair, efficient and efficient analysis.

Chapter VIII Legal responsibility

Article 74 is one of the following cases in the social procurement agent and is criticized by the competent authorities for the social procurement agent and its head, the direct responsible supervisor and other direct responsibilities, and is recorded in the good faith of the social procurement agent and fined:

(i) The offence falls under article 56 of the procurement regulations (i), (ii), (iii), (iv), (iv), (v), VII), and (x) and relates to the cumulative amount of procurement of up to 500,000 dollars, with a fine of US$ 5 million; the amount of the procurement involved is fined for a total amount of US$ 5 million in excess of US$ 50 million; and the amount involved in the procurement amount of up to US$ 1 million.

(ii) The offence is in the case of article 56, subparagraphs (vi), (vi), VIII), of the procurement regulations involving a cumulative amount of less than one million dollars, with a fine of five million dollars, and the amount involved in the procurement has been fined by ten thousand dollars in excess of one million dollars.

The procurement amount means the amount actually delivered in the procurement project; the procurement project has not yet been delivered and the project budget amounts to the procurement.

Article 765 is one of the following cases in which the social procurement agent is a serious circumstance, and the competent authority should be removed from the position of the social procurement agent to participate in the procurement agent of the city's government and be placed in the good faith of the social procurement agent and fines:

(i) Violations fall under article 56, subparagraphs (i), (ii), (iii), (iv), (v), VII), and (x) of the procurement regulations, involving a cumulative amount of up to one thousand dollars in the amount of procurement, which is subject to a fine of US$ 150,000;

(ii) The offence is in the case of article 56, subparagraphs (vi), (vi), viii), of the procurement regulations, which involve a cumulative amount of up to 5 million dollars of dollars, with a fine of 150,000 dollars; and the amount of procurement involved is in excess of five million dollars, with a fine of 200,000 dollars.

Article 76 contains one of the following acts by the supplier, which is recorded by the competent authority in the vendor's authentication files and punished:

(i) The offence falls under article 57 of the procurement regulations (i), (ii), (iii), (iv), (vi), (vi) and (ix), relating to the cumulative amount of procurement, which is up to 500,000 dollars, with a fine of 10 thousand dollars in the amount of procurement, which is prohibited within one year from participating in the procurement of the city's Government; the amount of procurement involving the amount of more than two million dollars in the total amount of procurement is fined for the amount of 15 million dollars, which is prohibited for two years from participating in the procurement of the current city; and the amount for which the amount of procurement is prohibited by 20 million Governments.

(ii) The offence is in the case of article 57, subparagraphs (v), VII), of the procurement regulations relating to a cumulative amount of less than one million dollars, with a fine of fifteen thousand dollars for the procurement, which prohibits its participation in the procurement of the city's Government within two years; and the amount of procurement involved is charged with a fine of 20 million dollars for the procurement, which is prohibited within three years from participating in the procurement of the present municipal government.

Article 7.7 The supplier has one of the following acts, which is of a grave nature, and the market regulation sector has revoked its business licence under the law, and the authorities have removed its eligibility to participate in the procurement of the city's Government and made the following penalties:

(i) The offence falls under article 57 of the procurement regulations (i), (ii), (iii), (iv), (vi), (vi) and (ix), relating to the cumulative amount of procurement, which is up to one thousand dollars in the amount of US$ 5 million, to be fined for the amount of procurement;

(ii) The offence is in the case of article 57, subparagraphs (v), VII), of the procurement regulations relating to a cumulative amount of up to 5 million dollars, with a fine of 25 per cent of the amount of the procurement; and a cumulative amount of procurement involving over five million dollars, with a fine of 30 thousand dollars.

Article 78 is one of the following cases for the procurementr and is governed by the relevant provisions of article 54 of the procurement regulations:

(i) The determination and use of pre-selection suppliers in accordance with the procedures and methods set out in the present rules;

(ii) The project to be settled by the public service procurement card shall not be subject to the use of the public service procurement card;

(iii) Other violations of the provisions of the present Rules.

Article 79 provides that a supplier is subject to a collusion of tenders referred to in the procurement regulations and is governed by the relevant provisions of article 57 of the procurement regulations:

(i) The mutual agreement between tender suppliers to compensate unmarked suppliers for their interest;

(ii) The legal representative of different bid suppliers, the principal operators, the project bid authorization representative, the project manager, the primary technicians pay social insurance for the same person, the same unit or the same unit;

(iii) The solicitation documents of different bid suppliers are prepared either by the same unit or by the same person in a phased manner;

(iv) The confusing of tender documents or parts of tender documents by different bid suppliers;

(v) The content of tender documents for different bid suppliers is not normal;

(vi) The same tender activity by the same unit staff for more than two (two) suppliers;

(vii) Other cases determined by the competent authorities in accordance with the law, legislation and regulations.

Article 810: The procurementr, the solicitation body or the evaluation committee have one of the following cases, which is referred to in the procurement regulations to deal with the provisions of the procurement regulations:

(i) The opening of tender papers by other bid suppliers prior to the opening of tenders and the communication of tenders to tender suppliers;

(ii) Removal of tender documents by awarding bid suppliers and modification of bids;

(iii) Disclosure to tender suppliers of names of other bid suppliers, lists of members of the Commission of Quantifications;

(iv) Applying the content or price of tender documents;

(v) The self-existence of the members of the evaluation committee with the procurementr, the solicitation body, the tendering supplier or other interested persons, affecting fair tendering;

(vi) Other cases determined by the competent authorities in accordance with the law, regulations.

Article 81 contains one of the following cases in which the vendor is concealing the real situation and providing false information to be processed in accordance with the relevant provisions of regulation 57 of the procurement regulations:

(i) Access to tenders from other units, including through transfers or leases;

(ii) In addition, or signed by other units or heads of other units, in the solicitation documents prepared by tendering suppliers;

(iii) The head of the project or the primary technicians are not members of this unit;

(iv) The tender bonds are not transferred from the basic accounts of the tenderer;

(v) Other concealment of authenticity and provision of false information.

The supplier of tenders is not able to provide proof of labour relations, such as labour contracts, social insurance, for project heads or major technical personnel, as the case under subparagraph (iii) of the former paragraph.

Article 82, in violation of article 34 of the present Rules, belongs to the exclusion of other suppliers by illegal means to engage in competition and is governed by the relevant provisions of article 60 of the procurement regulations.

Article 83 provides that a supplier is subject to a malicious complaint in one of the following cases and is treated in accordance with the relevant provisions of regulation 57 of the procurement regulations:

(i) The fact that the complainants fabricated the facts, provided false material, or were unfounded for the cumulative two complaints within one year;

(ii) Receiving complaints on behalf of others;

(iii) The refusal to cooperate with the conduct of the investigation, which is aggravating circumstances;

(iv) The complaint has been processed and the responses have been completed, and the complainant has filed a complaint on the same matter without providing new and effective evidence.

Article 84 consists of one of the following acts by the supplier, the solicitation body or the procurementr shall not refund the payment of the solicitation bonds, which are serious and shall be communicated by the competent authorities to the vendor's authentication file.

(i) The withdrawal of tenders after the deadline for tendering;

(ii) No contract shall be concluded without justification after the mark;

(iii) The transfer of the sub-item to another person, or the absence of clarification in the tender documents and without the consent of the procurementr, the procurement solicitation body shall be subcontracted to another person;

(iv) To reject the performance of contractual obligations;

The unpaid tender bonds and their interest shall be payable.

In the course of dealing with complaints, the competent authorities found that the procurement of participants had a breach of the law and should be transferred to the authorities concerned; the alleged offence should be brought to justice by law.

Chapter IX

Article 8XVI, paragraph 1.

The eligible supplier referred to in this implementing rule refers to suppliers with negotiated, competitive, contractual or direct compliance.

The application of this rule refers to an entity's business site that provides a market-mainstreamed generic product or service for the procurementr at the pledged preferential price.

The application of this rule refers to an online e-business site established on the Internet, which can provide the procurementr with a non-physical business space for the functions of online purchases, trajectorys, e-payments, etc., and the performance of the management of the platform.

The strategic partners referred to in this implementing rule refer to the significant, branding advantages of government procurement or to procurement projects involving government-focused enabling industries, the provision of goods, services or works by a or more cooperative supplier and the signing of modalities for cooperation in the strategic cooperation agreement. Strategic partners provide the procurementr with goods, services or works that are centrally procured or are made in accordance with the needs of the procurer.

The number of “number” referred to in chapter VIII of this executive rule does not contain the following.

Article 87 Procurement of imported products and international solicitation management are implemented in accordance with the relevant national provisions.

Government procurement through the use of international organizations and foreign government loans provides that the loan party, the financial provider and the China parties agree on specific conditions for the procurement and may apply its provisions without prejudice to national interests and the public interest.

Article 82 provides for the criteria for major procurement projects, the evaluation of tendering rules, the pre-selection of procurement and the management approach, such as evaluation of experts, social procurement agents, government procurement monitors, etc., to be developed by the competent authorities.

Article 89