Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388840.shtml
Implementing rules for the regulations of Shenzhen Special economic zone on government procurement
(April 17, 2013 to No. 249, published since June 1, 2013, the people's Government of Shenzhen City) Chapter I General provisions
First in order to implement the regulations of the Shenzhen Special economic zone on government procurement (hereinafter referred to as the procurement regulations), combined with the Shenzhen Special economic zone real, these rules are formulated.
Article central procurement platform for the municipal and district governments provide for centralized procurement procurement project plan to undertake, assign, Declaration and platform implementation, supervision and management of the organization. The Municipal Finance Department (hereinafter authority) commissioned, city central purchasing agencies and centralized management of the city's unified government procurement platform.
Central procurement agency of the Municipal Government to establish and maintain uniform electronic transactions for the Government procurement system, establish a unified centralized government procurement services, formulate a unified government procurement government procurement procedures and a uniform format text, providing data on government procurement information and project consulting services. Article Directory for centralized procurement includes general cargo, engineering, procurement services and other primary procurement systems project.
Developing centralized procurement catalogue should be followed based on actual needs, and gradually expand the scope of the principle. Fourth municipal authorities shall jointly with the central procurement agency of the municipal government and relevant departments, in accordance with national standards, industry standards, and the actual need to develop standards on government procurement procurement projects, including configuration items such as office equipment, administrative institutions standards and technical specifications of the procurement project.
Standards approved by the Municipal Government announced the implementation of government procurement, the procuring entity shall not be excessive or beyond procurement. Article fifth shall support the development of SMEs in government procurement, purchase and centralized government procurement can be reserved through procurement, review points, review price deductions, performance guarantees and other forms of assistance.
Specific measures formulated by the Department jointly with other relevant departments according to the actual situation, separately.
Sixth city, district financial Department (hereinafter referred to as departments) should be according to the work required by the supervision and auditing, supervision departments and procurement centralized government procurement agencies meeting informed of work on government procurement, on the major issues and deal with major disputes.
Centralized purchasing department shall, in conjunction with the Government institutions to establish centralized government purchasing cooperative mechanisms and information exchange platform, regularly informed of the situation, research procurement policies.
Major disputes mentioned in the preceding paragraph refers to the purchase document significant objections, marked a major controversy, as well as other complex disputes. Article seventh participant in government procurement may establish self-regulatory industry organization.
Self-regulatory industry organization, in accordance with the relevant laws, rules and regulations, maintain the legitimate rights and interests of the participants in the industry and procurement, business communication organizations in academic research, and advisory services, and accept the supervision and guidance of the municipal authorities.
Participants in the second chapter on government procurement Eighth government procurement procurement refers to the law of State organs, institutions and organizations.
Purchaser's legal representative is the responsibility of this Government procurement.
Purchaser shall appoint a procurement officer to assist government procurement government procurement responsibility for organizing this unit and the implementation of the unit's own procurement, government procurement policy recommendations put forward, this unit is responsible for the procurement project report auditing, internal controls and procurement oversight issues, record check.
Nineth centralized purchasing agencies of the District Government performs the following duties:
(A) implementation of government procurement laws, regulations, and related provisions, participate in the development of this level of government procurement-related provisions;
(B) organize the implementation of centralized government procurement list pursuant to the provisions in the procurement and participation and acceptance;
(C) organize the implementation of confidentiality, pursuant to the provisions of emergency and major procurement projects and procurement of participation and acceptance;
(D) access to centralized government procurement the procurement project benefit evaluation of implementation of the platform;
(E) to track review process of expert assessment and review of quality management;
(F) receive and coordinate responses to inquiries and questioning of government procurement projects, assist in the handling of complaints;
(G) to participate in and cooperate with government central purchasing agencies and centralized management of government procurement platforms, vendors and Government procurement data base, with the standard information, such as;
(VIII) other duties stipulated by laws and regulations, as well as the District Government. Commissioned by the district authorities, District Government institutions for centralized procurement contract of government procurement projects and to manage the performance of vendors.
Various new institutions for centralized procurement responsibilities by the municipal authorities in conjunction with the relevant authorities separately.
Article tenth purchase seventh of the Ordinance mentioned in the fourth paragraph of article identified by the city authorities organised the procuring entity shall comply with the following conditions:
(A) organized procurement task force;
(B) preparation of procurement documents and organizing bid;
(C) have a sound system of internal controls in government procurement;
(D) commensurate with the bidding project size, complexity, technical, economic and other aspects of the procurement staff;
(E) the items to be procured for highly specialized, special equipment of high technology and service, and the annual procurement amount no less than 30 million Yuan;
(F) another condition identified by municipal authorities. Arrange the procurement of projects through the Government central procurement platform, and in accordance with the procurement regulations and the provisions of the present rules for the implementation of the Government procurement process implement.
Departments in colleges and universities and research institutions to arrange the purchase of the procuring items by fast track, the introduction of evaluation system. Article 11th participation in project review of government procurement should be drawn from a database of experts.
By industry or particular requirements such as skills, experts did not meet the conditions of optional expert may employ industry experts with special knowledge or skills for project reviews. City authorities is the management of government procurement experts, responsible for the establishment of a city unified database of government procurement review, expert supervision and management.
District authorities to assist municipal authorities to review the expert supervision.
12th in government procurement activities, the procurement representatives and the tender agent and expert suppliers with procurement projects have one of the following stakeholders should be avoided:
(A) participating in procurement activities within three years before labor relations with suppliers;
(Ii) participation in procurement activities within the last three years as the vendor's directors, supervisors, consultants, etc;
(C) participating in procurement activities within the first three years is a vendor of controlling shareholder or the actual controller;
(D) the legal representative or responsible person with suppliers spouses, lineal relatives within three generations, collateral consanguinity or affinity;
(E) other suppliers affect or may affect the relationship of fair government procurement activities.
13th belongs to one of the following circumstances, supplier shall not take part in competition in government procurement projects, except as otherwise provided by laws and regulations.
(A) the buyer interest, impact will conduct fair purchasing activities of the Government;
(B) procurement agency and social subordination, holdings, and other common interests;
(C) for the procurement project needs or preparatory work to provide services such as designing, programming and reasoning;
(D) other circumstances that will affect the fair government procurement activities. Article 14th tender operators have a stake in the vendor and purchase items requested to withdraw, and accepted by the competent authorities.
Competent authority shall take a decision within two working days from the date of acceptance. Other participants and suppliers interested for challenge of procurement projects and for suppliers of withdrawal, accepted by the tender.
The tender shall take a decision within two working days from the date of acceptance.
Disagrees with the decision to tender, the opponent shall, within two working days of receipt of the written decision authority to apply for a review, the competent authority shall take a decision within two working days from the date of acceptance.
Chapter on government procurement 15th should be tendered projects, procurement by private tender, shall be subject to approval of the competent authorities.
Authorities procuring applicants who applied for non-competitive bidding shall be approved within five working days from the date of acceptance. Procurement regulations 19th article applicable under non-public tender procurement needs publicity, shall be publicized by the competent Department.
Public notice period of not less than five working days, publicity without the approval period.
16th section public bidding for projects, apply to non-public tender procurement, the procuring entity shall submit the following documents to the competent authorities:
(A) the purchaser name, project name, procurement plans, projects and sources of funding;
(B) technical requirements and standards;
(C) the application for closed tenders procurement, justification and supporting documents;
(D) the relevant industry and potential suppliers;
(E) to participate in non-competitive bidding methods and justifications for the supplier;
(F) the secret of found materials, emergency project; Article 17th due to lack of effective bidding suppliers caused three public tenders failed, should be reorganized to open tender.
But conform to the following conditions, approved by the competent authorities, may be turned into a closed tender procurement:
(A) the terms of tender documents is not unreasonable;
(B) the tender documents during the exhibition without objection or opposition is not established;
(C) the tendering procedures are in order.
18th article in accordance with the rules for the implementation of article 17th situations need to be purchased by private tender, the tender shall be announced open tender results within five working days from the date of application, and submit the following documents to the competent authorities:
(A) the description of the open bidding process;
(Ii) participation in public tenders list of providers;
(C) the failure reasons and evidence of open tendering.
Authorities closed the question of tender tender application shall be approved within five working days from the date of acceptance.
19th belongs to the scope of centralized procurement procurement projects have one of the following circumstances, approved by the competent authorities, the procuring entity can purchase:
(A) the secret projects identified by the law should not be centralized procurement;
(B) the contingency or emergency rescue and disaster relief projects identified by the Government, need to instantly determine the vendor;
(C) Government procurement agencies deemed to be generated through centralized purchasing bid or contract suppliers;
(D) the project has required Assembly purchasing, but could not produce the winning bidder or contract suppliers;
(E) the departments identified in other circumstances.
20th in line with the rules for the implementation of article 19th project applications for procurement, the procuring entity shall submit the following documents to the competent authorities:
(A) include specific requests for procurement, procurement projects, purchasing their own reasons, the number of potential suppliers and the price or description of the application materials;
(B) belong to the 19th article of the implementing regulations (a), (b), should provide related departments to make secret of found materials, emergency response, emergency rescue and disaster relief projects;
(C) belong to the 19th article of the implementing regulations (iii) situations should be centralized procurement by the Government agency provides centralized purchasing and the reason;
(D) belong to the 19th article of the implementing regulations (iv) situations, the project should be provided information on the procurement process.
Competent authority shall, within five working days from the date on which the complete application materials to be approved.
21st article meet this implementation rules 19th article provides of itself procurement project, procurement people should in itself procurement completed Hou three a days within, will project budget, and project main content, and sold suppliers collection filter situation, and sold suppliers name, and sold amount, and delivery period or completed period, information, in competent sector specified of government procurement website announcement, but involved national secret and commercial secret of content except.
The fourth chapter on government procurement program
Centralized procurement section I general procedures
22nd centralized government procurement in accordance with the procurement regulations and procedures laid down in these rules, section has no provisions in this chapter, the relevant provisions of this section shall apply.
23rd government procurement program management, procurement plans should be prepared according to the approved procurement budget, procurement projects should be implemented in accordance with the procurement plan and paid according to the purchasing results in conducting a procurement.
Pre system procurement project, authorities can organize the third review of the project budget amount, actual demand accounts and review.
Third review is in accordance with the special needs of procurement projects, invite evaluation experts by the competent departments, industry associations, industry, authorities and other stakeholders interim independent review panels.
24th the procuring entity shall, in accordance with the approved procurement budgets, centralized procurement catalog and limits of centralized procurement standards for the preparation of the procurement plan, preparing procurement plans shall comply with the following requirements:
(A) have a clear government procurement projects and procurement methods, such as specific content;
(B) projects and funding the Government's procurement budget plan;
(C) the project incorporated a provision with the same heading;
(D) the purchase price, specifications and technical requirements of related matters such as market research reports or justify conclusions. 25th government procurement plan should be submitted to the competent authorities for approval, the competent authority shall, within five working days from the date of acceptance and approval. Government procurement projects belonging to the centralized procurement, the procuring entity shall purchase plan within three months after the Government institutions for centralized procurement platform to declare.
Fails to report, responsible authorities may freeze procurement procurement planning budget.
Implementing a bulk buyer system, municipal authorities shall establish a batch of centralized procurement management system and associated procedures, set by the municipal government procurement agencies heading category brings together on a regular basis in accordance with the Government procurement plans, scale procurement. Article 26th purchaser in accordance with approved government procurement plans and the actual work required to prepare the procurement requirements.
Requirements include the following:
(A) the proposed set of vendor qualification requirements;
(B) the budget amount or budgeted amounts under the ceiling;
(C) technical standards, technical specifications and services of the project content and other content purchase quantity and purchaser deems necessary;
(D) the main terms of the contract;
(E) plans to create a method of assessment, evaluation, accreditation standards and calibration methods.
Tendering agent for failure to meet the requirements of government procurement procurement requirements should be put forward a revised views, the procuring entity shall, in accordance with the relevant provisions be amended.
Government procurement agencies on major procurement the procurement requirements of a project should be verified; procurement requirements do not meet the requirements of government procurement, government procurement agencies should propose amendments, the procuring entity shall, in accordance with the relevant provisions be amended.
27th the procuring entity shall, in accordance with the Government procurement program category, procurement through centralized purchasing platform to tender the Government Declaration, and to submit the following application materials:
(A) the approved procurement plan;
(B) procurement requirements;
(C) the purchase of imported goods, construction or services, purchase import approval should be provided;
(D) subject to the approval of non-competitive bidding procurement, approval should be provided;
(V) other materials required by the laws and regulations.
28th tendering should be as procurement and procurement project preparation of procurement documents. Procurement files include the tender documents, negotiation documents, bidding documents, procurement notices, and so on.
Purchasing documents shall be open sourcing the project budget amount or budgeted amount established under the ceiling. Article 29th purchasing budget amounts to more than 10 million Yuan, or major controversies about procurement requirements, the tender at the time of the preparation of procurement documents, demonstrated and public consultation should be organized.
Organizations demonstrate preparation of procurement documents and ask for advice from time to time, but not later than 15th, special circumstances need to be extended, by the approval of the competent authorities, extend the 10th. Article 30th purchases shall on receipt of the tender procurement documentation prepared within three working days of confirmation or to submit written objections to the competent authority.
Tendering the procuring entity fails to confirm and no objections to the competent authority, as a confirmation. Purchase objection, by the competent authority the tender explanation within three business days. Authorities from the date of receipt of the tender explanation, dealt with within five working days.
Needs investigation, not included in processing time the time required, but the longest investigation of ten working days.
Procurement and tendering procurement should be according to the opinions of the competent Department modified files. 31st procurement documents can require bidders to pay a bid bond, 1% of the bid bond shall not exceed the budgeted amount, subject to a minimum amount of not less than 10,000 yuan.
The bid security should take the form of non-cash payment.
Article 32nd Government projects should be implemented in accordance with uniform rules for centralized procurement procurement, government procurement agencies should develop a supplier qualification, assessment criteria and format instruments and other specific procedures.
Section II of public tenders and private tenders procedures Article 33rd tender shall, before bid closing on 10th tender notice and tender document.
Budget amounts to more than 10 million yuan of procurement projects, shall, before bid closing on 15th tender notice and tender document.
Article 34th drawing up the tender documents shall increase the weight of price factors in the review of government procurement the solicitation documents shall not contain the following:
(A) the qualification levels incompatible with the project requirements, limit or preclude potential bidding suppliers, contrary to fair competition standards or technical provisions;
(B) indicate a specific vendor or product, specifying brand or origin, we will request manufacturers to a project specific authorization;
(C) according to a business or brand product specifications or technical specifications program purchase requirement;
(D) the registered capital, total assets, revenue, employees, profits, taxes, performance experience, network operators, site visit conditions as a qualified supplier quality clauses;
(E) other discriminatory, unreasonable clauses such as exclusive.
Eligibility verification standards, evaluation criteria, score weights and other review requirements not set out in the tender documents, not as the basis for assessment.
35th don't need clarification or modification of the tender documents, purchasing through centralized government procurement platform confirmed the time for bidding documents to confirm time.
Need clarification or modification of the tender documents, the clarification or modification of the content is an integral part of the tender documents, leading to the release time for clarification or modification notice tender documents to confirm the time.
Article 36th tender bidding documents should be the qualifications for tendering supplier eligibility verification, verification failed, its bid was invalid.
37th procurement regulations referred to in article 28th of separation refers to the principle that bid in government procurement programs, procurement by public tender, assessment Committee is responsible for the tender documents and evaluation, recommending the candidate bidding suppliers and issue a written assessment report, issued by the purchaser based on the Review Committee's review report and recommended candidates for the successful supplier to determine the successful supplier. The procuring entity may also authorize the jury to determine the successful supplier.
The Review Committee in accordance with its mandate to determine the successful supplier, procurement shall be recognized.
38th Review Committee made up of experts, and there are five or more singular, reviewer by the authorities through randomly selected from the database.
Procurement's mandate review Committee to determine the successful supplier, purchaser can be represented on the jury, but the proportion of procurement representatives on the Review Committee must not exceed one-third.
Review Committee members should strictly abide by the bidding rules, in accordance with the laws and regulations of evaluation methods and criteria for fair review and carry out their duties. 39th Review Commission in accordance with the provisions of the tender documents, tender documents the validity, completeness and to respond to the tender documents for compliance verification.
Review Committee concluded that the tender documents provided no substantive response, is not a valid bid.
40th Review Committee should review the tender documents as follows:
(A) comprehensive scoring method.
On the premise of to meet the substantive requirements of the tender documents in accordance with the factors set out in the tender documents for the comprehensive review, the bid got the top bidder, as the candidates recommended by the successful supplier. Comprehensive scoring method of sourcing projects, goods item price score weight total score shall be not less than 30%, the project shall not be less than 40%, service item shall not be less than 20%.
Weights of the special need to adjust prices shall be subject to approval of the competent authorities. (B) qualitative evaluation. In accordance with the provisions of the tender documents are technical qualitative reviews of business, bidding on the comment file meets the substantive requirements of the tender documents, pointed out advantages and disadvantages of the bidding documents, issues, and matters needing attention and clarification before signing the contract, and review reports.
All of the tender documents submitted will not be determined to be void or invalid bidder, is recommended as a candidate the successful supplier. (C) the minimum price method.
Fully meets the substantive requirements of the tender documents, and in price from low to high order, based on the proportion of the quantities specified in the tender documents or recommending candidates the successful supplier.
(D) the laws, regulations and other review methods.
Procurement project of the review, the Review Committee recommended candidates the successful supplier number or proportion should be clear in the solicitation documents.
41st the procuring entity shall, in accordance with the following methods to determine the successful supplier: (A) law.
Organization Committee of the procuring, by the Committee in the successful supplier of candidates to determine the successful supplier. (B) the lottery.
Candidates successful supplier after the randomly organized by the tender successful supplier. (C) the auction method.
By tendering agent Organization candidate successful supplier for the second bidding, eventually the lowest for the successful supplier.
Calibration method of procurement projects should be clearly in the tender documents.
42nd the tender shall, within two working days from the closing date of the review will review reports submitted to the procuring entity, the procuring entity shall, within three working days as of receipt of the assessment report to determine the successful supplier. Purchases due to uncertainty, the tender shall be dealt with by the Department.
During the processing time is not included in the purchase. 43rd procurement authorization Review Committee to determine the successful supplier, assessment Committee shall adopt comprehensive scoring method or the minimum price in order to determine the successful supplier and determine the successful supplier within two working days of the date the winning results are delivered to the purchaser, purchaser shall receive bidding result within three working days of confirmation.
Purchaser without any justified reason, the time limit does not confirm, seen as confirmation. 44th tendering should be issued prior to the winning notification, specifies the bidding result through government procurement Web site publicity, except those involving national secrets and commercial secrets.
Publicity time of no less than 3rd, publicity should include the following:
(A) the bidding vendor names, qualifications and offer a response file;
(B) the roster of experts on project review and the candidate list of the successful supplier;
(C) determine the successful supplier list;
(D) other contents prescribed by laws, rules and regulations.
The preceding paragraph (a) items of publicity can be tender to the bidder after eligibility verification. Disagrees with the public notice period, the opponent should be submitted prior to expiry of the public tender.
Public notice expires without objection or opposition is not established, the tender shall issue a notification.
Article 45th successful qualification of suppliers bid or winning vendor bid qualification is confirmed as invalid by law, should reorganize procurement.
Due to the urgency of the situation, re-organization of the procurement does not meet the requirements of the procuring, verified by the competent authorities, the procuring entity in accordance with the provisions of the tender documents the calibration method, determine a substitute from other candidates the successful supplier bidding suppliers.
Determine a substitute of the successful supplier, tender shall substitute the successful supplier be publicized, publicity without objection, determine new winning bidder; public objections and objection to the establishment of new purchase.
Alternate bidding suppliers bid qualifications or the winning bidder eligibility is confirmed as invalid by law, should reorganize procurement.
Section 46th competitive negotiated procurement, negotiating supplier through the following methods:
(A) recommended in the scope of procurement from a particular supplier;
(B) open tender from a specific range of vendors;
(C) the laws, regulations and other methods.
47th article applies competitive negotiated procurement, tendering agencies shall organize the procurement and the negotiating team composed of experts, the group for three or more persons in the singular number, which the Panel of experts shall not be less than the total number of two-thirds. 48th article applies competitive negotiation, all members of the negotiating team in negotiations with single vendor, respectively, shall be not less than three rounds of negotiations.
Negotiating team in each round of talks to all vendor released the latest supplier commitment and price rankings, every supplier shall not disclose the specific quotes and technical information.
Project of qualification, evaluation and budget amounts shall not be changed during the negotiation process, there are other substantive changes, the negotiating team shall notify all suppliers involved in the talks.
Section III primary procurement procedures 49th pre purchase is through public tenders and other ways to produce a certain number of pre-selected suppliers, purchasing people to purchase specific items from the preselected suppliers according to prescribed methods, determine contract supplier and a procurement organization form of transaction amount.
Primary suppliers including suppliers, qualification of suppliers, supply store, online electronic shopping malls, strategic partners, and so on.
50th article can be applied to the following scenarios pre purchase:
(A) the common purchasing projects;
(B) procurement program for non-generic classes, but by bidding cannot be determined once the subject-matter unit price, quantity or amount of the contract;
(C) other items stipulated by laws, rules and regulations.
51st preselection purchases works with the following programs:
(A) Government procurement agencies to develop primary procurement project, reported to competent authorities for approval organization.
(B) centralized government procurement through public bidding, including a number of pre-selected suppliers, and establish a primary supplier.
(C) general primary procurement centralized procurement by the Government bodies with the pre-selected supplier pre-selection agreement; other primary sourcing projects, pre purchase agreement signed by the procuring entity with primary suppliers.
(D) the method of purchase from pre-selected suppliers in accordance with the regulations, determine contract suppliers or the transaction amount.
(E) the centralized government procurement agencies will be pre-selected items, procurement trading results announcement published no less than 3rd.
52nd pre purchase item method determine the transaction from the primary suppliers of the following suppliers: (A) direct purchase method.
By purchasing in the pre-selection suppliers in accordance with set prices directly in the library to purchase. (B) the lottery.
Purchase meets the requirements of procurement projects pre-selected suppliers suppliers of produce sold by lot. (C) the auction method.
Government procurement agencies issued a procurement notice, in line with the conditions of the pre-selected suppliers in response, through at least one round of negotiation or offer, determined by the purchaser contract suppliers.
(D) other methods prescribed by laws, rules or regulations.
53rd centralized purchasing department shall, in conjunction with the Government agencies to strengthen the pre-selected supplier management, establishment of primary vendor selection and exit.
Central procurement agency pre-selected suppliers should be established and dynamic management, establishment of primary supplier classification management, appraisal, reward and punishment, and credit file management system, establish and improve the primary purchase information management system, strengthen primary vendor performance, quality of service and price management.
The fifth chapter on government procurement contracts 54th centralized procurement thresholds above projects of government procurement contracts shall be submitted to the central procurement agency for the record.
Entered into any supplemental agreement or terminate the contract, should be entered into any supplemental agreement or terminate the contract as of the date of filing in the 10th change procedures. 55th purchasing people should check up the Sub procurement project acceptance. Members of the inspection team shall meet with purchasing project-related expertise and practical experience.
No related professional and technical personnel of the unit, you can invite nationally recognized quality testing agencies and the participation of other third review and acceptance.
Costs are borne by the organizers due to acceptance; acceptance of centralized government procurement agencies, the cost of centralized procurement by the Government agencies. 56th article of procurement applications for contracts, should submit applications for funds and other materials required by the competent authority.
Should be carried out in accordance with the provisions of contract, contract proof should be provided.
Application materials submitted by the departments in the procurement and verifying are available within five working days after payment.
57th substantive provisions of the contract includes the procurement standards, specifications quantity, quality standards, procurement, purchasing, fulfillment, such as time and place, substantive content must not violate the purchasing document to determine the matter. Article 58th government procurement shall be progressively implementing a corporate purchasing card system, with corporate purchasing card settlement conditions, procurement should be introduced for corporate purchasing card settlement.
Conference and corporate hospitality of the Government designated procurement, government official vehicles Sentinel refueling, maintenance and insurance, shopping malls or micro-delivery, such as purchasing, corporate purchasing card settlement.
City authorities should develop a corporate purchase card management, according to the actual situation and gradually expand the scope of corporate purchase card use, regulate the use of corporate purchasing cards, payment and settlement Act. 59th service contract refers to performance ratings in the Government procurement contract in a service class as an excellent contract.
Vendors can implement the service contract renewal incentives.
Renewal of service contracts, by the purchaser in the original application to the competent authorities within six months prior to its expiration. Competent authorities shall organize central procurement agency performance evaluation of the renewal project, shall invite the third major procurement projects reviewed for performance evaluation and centralized procurement by the Government agencies produce performance evaluation reports submitted to the competent authorities, the competent authorities under the performance evaluation reports to make decision on whether to renew the contract.
Renewal of Department shall, before making a decision the performance evaluation and renewal of contracts for publicity. Service contract period may be reduced to 24 months, renewed up to a maximum of two times.
Renewal of the substance of the contract shall not be changed.
The sixth chapter questions and complaints
60th suppliers participating in procurement activities for the following matters that their rights are being infringed, you can purchase people according to law, government procurement agencies and social procurement agencies to submit written questions:
(A) the procurement documents is restricted, tendentious terms;
(B) the clarification of the purchase documents or modification in violation of regulations;
(C) disqualification of officers not complying with the provisions that should be avoided;
(D) the participants between collusion, bid or contract-fixing suppliers;
(E) other suppliers of concealing facts, provided false information in seeking the successful bidder or sold;
(F) the violation of regulations in the procurement process;
(VII) other suppliers believe their rights are being infringed.
61st procurement section 41st said suppliers should be aware that their rights are being infringed by the date refers to:
(A) questions on the purchasing document for purchasing documents date of publication;
(B) questions about the procurement process, for the date of the end of each step in the procurement process;
(C) on the winning bidder or the trading results and the Review Committee, members of the negotiating team, the bidding team questioned, for bid or contract date of result announcement.
Vendor questions or complaints need to be made to the relevant department or the Organization as a specialized agency, the personnel inspection, testing, or evaluation, excluding the time required during questioning the handling of complaints.
62nd supplier questions should be written questions with the real name, questioned the statement shall contain the following:
(A) have a clear question;
(B) there is a clear question;
(C) the damage because of the question of interests;
(D) there are rational facts and evidence;
(V) other materials stipulated by laws, rules and regulations.
Suppliers fabricate facts or providing false material questioning, as well as counterfeiting the name challenged or questioned the justification for refusing to cooperate with the investigation, authorities credited to the vendor file integrity. 63rd supplier complaints should be after questioning of matters.
Real-name complaint should submit a written complaint, the complaint shall contain the following information:
(A) have a clear complaint demands;
(B) there is a clear complaint;
(C) there are rational facts and reasons. Complaint meets the above conditions, the competent authority shall be admissible.
Authorities accepted the complaint has been accepted by the other administration, the competent authority can terminate the complaint handling procedures.
64th in accordance with the following situations, in question or during the complaint process, the competent authority may suspend the procurement activities of the Government:
(A) there may be a violation of procurement activities;
(B) question or complaint may be influencing the results of the assessment;
(C) other circumstances that do need to stop.
Authorities should be made in the announcement and suspend the procurement decisions that day written notice to buyer and suppliers participating in the procurement. Duration of the stay may not exceed 10th, due to special circumstances need to be extended, mainly responsible for the approval may be extended by the competent departments on 10th.
Suspend the procurement during the period not included in the purchase.
In accordance with the provisions of the preceding paragraph to suspend purchases, suspend the procurement case is eliminated, shall restore the procurement process.
65th is not questioned as a supplier of the following complaints, in accordance with the relevant provisions of laws and regulations dealing with:
(A) the supplier situation arising from the expiry of the period in question complaints reflects and reports;
(B) Government procurement other than vendors participate in the complaint and the person;
(C) monitoring, audit, complaint letters and calls of complaints to departments and reflect;
(D) other shows, reports, opinions and recommendations.
Supervision and administration of the seventh chapter
66th supervisory departments should establish government procurement system, employing concerned members of the community in government procurement supervisor, supervisor of government procurement government procurement supervisory authority and right to make recommendations and Government procurement activities to find ongoing violation exists, shall be submitted to the competent authorities in a timely manner.
Other units and individuals for violations of the procurement activities of the Government has the right to complaint or report, the departments concerned shall, in accordance with their respective duties in time.
Verified by the competent departments, real name written reports for the country make up for economic losses from recover reward amount according to the ratio of 1% to 5%, but the highest award amount is not more than 100,000 yuan.
67th government procurement supervision can take the following forms:
(A) enter into the inspected establishments for inspection;
(B) asks the units under inspection personnel;
(C) access to the units under inspection-related information;
(D) participate in the inspected Unit held meetings with the procurement activities of the Government;
(E) copy, copying, recording, photography, video, recorded in the form to gather relevant information;
(F) in the case of evidence may be destroyed or lost or difficult to obtain later, approved by the competent authority responsible for can be saved to be registered;
(G) the provisions of laws, regulations and rules in other ways.
68th supervisory departments on the following projects should be implemented key checks on government procurement, and incorporated into the evaluation system of the Department:
(A) procurement program for purchases of more than 10 million Yuan;
(B) have a question, complaint or change the results of the project;
(C) public bidding failed to closed bidding projects;
(Iv) the centralized procurement to procurement of items;
(E) organizational ability to arrange the purchase of the procuring of projects;
(Vi) should open bidding by private tender procurement projects;
(VII) other regulators turned to government procurement projects.
Departments may, in conjunction with supervision and auditing departments carry out joint inspections of government procurement activities. 69th of municipal authorities should be by open tender to determine social procurement agencies and should be combined with the day-to-day supervision and special inspection activities periodically on social procurement agency acting Government procurement business assessment of the implementation of evaluation, establishing an evaluation and dynamic management system, procurement agency of the society are selected which good outcompetes, improving the quality of government procurement.
Assessment results with the acting Government procurement projects linked to the number and amount of, and as the next round of tender evaluation an important factor of social procurement agencies.
70th authorities found the Government procurement activities were being carried out procurement regulations 36th situations provided for in articles, should stop the payment of the purchase money, end government purchases and withdraw purchasing programs. 71st shall establish a data base on government procurement government procurement agencies, brands relating to government procurement projects, models, specifications, price, quantity and vendor performance evaluations and other information into the database, and relevant provisions in accordance with the disclosure of Government information to the public.
Setting the qualification of suppliers in government procurement projects, procurement needs such as appraisal, procurement review, purchase price plus, refer to databases of information on government procurement.
Strengthen supplier management, in violation of laws, rules and regulations in the procurement activities of the Government, or seriously violates the contract, as well as poor performance evaluation of suppliers, should be included in the blacklist file integrity, to review its next tender points requesting renewal of a contract not be renewed, and in accordance with the procurement regulations and rules prohibit its participation in government procurement in this city. 72nd authorities responsible for statistics, summarizing and reporting the level of government procurement statistics.
Centralized procurement, government procurement agencies and social procurement agency shall request from the competent authorities, regularly submit statistics on government procurement and related materials.
Included in the tendering and bidding management of construction projects of government procurement projects, trading service agencies should regularly collect relevant statistics, and submitted to the competent authorities in a timely manner, relevant data into the scope of government procurement statistics. 73rd on access to government procurement project to centralized purchasing platform, centralized government procurement agencies shall assist the managing authorities.
Found in the procurement process of illegal or irregular behaviour should be reported to the competent authorities in a timely manner and to assist.
Government procurement government procurement benefits institutions should develop evaluation index system of centralized government procurement projects completed price, economy, equity, efficiency and effectiveness, such as analysis, evaluation and suggestions for improvement.
The eighth chapter legal liability
74th social procurement agency has one of the following, by the competent authorities on social procurement agency and its principals, managers directly responsible and other persons directly responsible criticism, credited social procurement agency credit file, and fines:
(A) violations belongs to procurement Ordinance 56th article of subsection (a), and (ii), and (three), and (four), and (five), and (seven), and (nine), and (10) items case, involved of procurement amount cumulative in 500,000 yuan following of, sentenced 10,000 yuan fine; involved of procurement amount cumulative in 500,000 yuan above 2 million Yuan following of, sentenced 50,000 yuan fine; involved of procurement amount cumulative in 2 million Yuan above 5 million Yuan following of, sentenced 100,000 yuan fine.
(B) offences belongs to the procurement regulations article 56th (vi), (VIII), involves the purchase amount below 1 million Yuan, and impose a fine of 50,000 yuan involved purchasing amount of less than 1 million Yuan and 2 million Yuan, and impose a fine of 100,000 yuan.
Procurement procurement project refers to the actual transaction amount procurement project has not yet been sold, the project budget amount for the purchase amount.
75th public procurement agency any of the following circumstances, are serious, shall be cancelled by the competent authorities of the community, government procurement, procurement agencies to participate in the qualification, credited social procurement agency credit file, and fines:
(A) violations belongs to procurement Ordinance 56th article of subsection (a), and (ii), and (three), and (four), and (five), and (seven), and (nine), and (10) items case, involved of procurement amount cumulative in 5 million Yuan above 10 million Yuan following of, sentenced 100,000 yuan fine; involved of procurement amount cumulative in 10 million Yuan above 20 million Yuan following of, sentenced 150,000 yuan fine; involved of procurement amount cumulative in 20 million Yuan above of, sentenced 200,000 yuan fine;
(B) offences belongs to the procurement regulations article 56th (vi), (VIII), involving more than the purchase amount at 2 million yuan of less than 5 million Yuan, and impose a fine of 150,000 yuan involving procurement amounts accumulated in more than 5 million Yuan, a fine of 200,000 yuan.
76th supplier has one of the following acts, by the competent authority entered in the vendor credit file and make the following penalties: (A) violations belongs to procurement Ordinance 57th article of (a), and (ii), and (three), and (four), and (six), and (eight), and (nine) items case, involved of procurement amount cumulative in 500,000 yuan following of, sentenced procurement amount 10 per thousand of fine, one years within ban its participation this city government procurement; involved of procurement amount cumulative in 500,000 yuan above 2 million Yuan following of, sentenced procurement amount 15 per thousand of fine, two years within ban its participation this city government procurement
Involving the purchase amount at 2 million to 5 million, purchase amounts to 20 per thousand of, prohibit its participation in government procurement in the city within three years.
(Ii) violations belongs to procurement Ordinance 57th article subsection (five), and (seven) items case, involved of procurement amount cumulative in 1 million Yuan following, sentenced procurement amount 15 per thousand of fine, two years within ban its participation this city government procurement; involved of procurement amount cumulative in 1 million above 2 million following of, sentenced procurement amount 20 per thousand of fine, three years within ban its participation this city government procurement.
77th supplier has one of the following acts, which belongs to the serious, by market regulators revoked its business license, authorities canceled its eligibility to participate in the Government procurement, and made the following penalties:
(A) violations belongs to procurement Ordinance 57th article of (a), and (ii), and (three), and (four), and (six), and (eight), and (nine) items case, involved of procurement amount cumulative in 5 million Yuan above 10 million Yuan following of, sentenced procurement amount 20 per thousand of fine; involved of procurement amount cumulative in 10 million Yuan above 20 million Yuan following of, sentenced procurement amount 25 per thousand of fine; involved of procurement amount cumulative in 20 million Yuan above of, sentenced procurement amount 30 per thousand of fine;
(B) the offence belongs to the procurement section 57th (e), (g) cases, involving more than the purchase amount at 2 million yuan of less than 5 million Yuan, purchase amounts to 25 per thousand of the involved purchases of amounts accumulated in more than 5 million Yuan, purchase amount 30 per thousand in fines.
78th purchase one of the following circumstances, in accordance with the relevant provisions of the procurement section 54th processing:
(A) not complying with the provisions of the present rules for the implementation of procedures and methods to identify and use the pre-selected suppliers;
(B) shall adopt the corporate purchasing card settlement project does not use a corporate purchasing card settlement;
(C) other acts in violation of the provisions of the implementing regulations.
79th suppliers of the following circumstances, belonging to the alleged bid-rigging by the procurement regulations, in accordance with the relevant provisions of the procurement section 57th processing:
(A) the bidding between suppliers agreed to is not the winning supplier compensation;
(B) different bidding suppliers of legal representatives, heads of major business, project bidding authorized representative, project leader, main technician for the same people, belong to the same entity or in the same unit to pay social insurance;
(C) different suppliers to tender tender documents prepared by the same company or the same person, or structured by the same person involved in the preparation;
(D) different bidding suppliers bid documents bid documents or part of mixed loading;
(V) different suppliers to tender bidding documents there is irregular;
(F) by the same unit staff member for more than two (including two) suppliers in the same tender activities;
(VII) other circumstances as identified by the competent authorities in accordance with the laws and regulations.
80th purchaser, tendering or Review Committee shall have any of the following circumstances, belonging to the alleged bid-rigging by the procurement regulations, in accordance with the procurement regulations relevant provisions dealing with:
(A) the bid bond before opening other suppliers to tender bidding documents and inform the bidding vendors;
(Ii) incite bidding vendor removal bid documents, change quote;
(C) leaked to other bidders to bid vendors vendor name, number of tender lists of members of the Committee shall be confidential information;
(D) to incite bidding document, or prices;
(E) Review Committee members and the purchaser, tendering, bidding contact suppliers or other stakeholders who affect bidding fair;
(Vi) other circumstances as identified by the competent authorities in accordance with the laws and regulations.
81st supplier has any of the following circumstances, belongs to concealing the facts, giving false information, according to the procurement rules of the 57th relevant regulations:
(A) the transfer by or on loan from other units, including access qualification or certificate of qualification bid;
(B) by other units in the tender prepared by the vendor or other unit heads on the tender document sealed or signed;
(C) the project leaders or the main technical personnel are not staff of the entity;
(D) bid security not transferred from suppliers to tender basic accounts;
(E) other acts of concealing facts or providing false information.
Tendering supplier is unable to provide the project director or principal technical labor contracts, evidence of social insurance, labor relations, as the preceding paragraph (c) provides.
82nd article violates the provisions of article 34th, belonging to the exclusion of other suppliers in competition by illegal means, in accordance with the procurement rules of the 60th.
83rd suppliers consistent with one of the following circumstances to be malicious complaints, according to the procurement rules of the 57th relevant regulations:
(A) the complainant made up facts, provided false information, or two times a year of no substance to reports;
(B) the fake complaints on behalf of others;
(C) refusing to cooperate in the investigation, if the circumstances are serious;
(D) has finished processing and to answer complaints, complaints made in respect of the same matter and complaints and did not provide new evidence.
84th supplier has one of the following acts, the tender or purchase is not refundable payment of bid security, if the circumstances are serious, and credited to the vendor file integrity by the competent departments, be informed.
(A) after bid closing, withdrawal of bids;
(B) the bid without justifiable reasons not within the time stipulated in the contract;
(C) the transfer of the project to others, or in the tender documents did not note and without consent of the buyer, procurement agencies, the winning project to another person;
(D) refuses to perform contractual obligations;
Not refundable bid deposits and interest thereon should be turned over to the State Treasury.
85th supervisory departments in the processing of complaints, found that participants in the procurement violations, it shall transfer the relevant departments; suspected of a crime shall be transferred to the judicial organs shall be investigated for legal responsibility according to law.
Nineth chapter by-laws
86th article of the rules for the implementation of the said agreement supplier, refers directly to the purchaser in the agreement provides a common product or service supplier.
Qualified supplier referred to in these rules refers to negotiation, auction, lottery eligibility or direct the performance qualification of suppliers.
Supply referred to in these rules are the Mall, is defined as a commitment to buy the discounted prices for generic class provide mainstream product service or shopping malls.
Online electronics store mentioned in these rules refers to structures on the Internet may be directed to procurement provides online ordering, online distribution, online payment services and platform supervision function non-entities, such as shopping malls. Strategic partnership referred to in these rules refers to the large amount of government procurement, brand prominence, or involving Government-supported industry's procurement projects, composed of one or more suppliers to provide goods, services or works, modalities of cooperation and signed the strategic cooperation agreement.
Strategic partner for the procuring entity to provide centralized procurement of bulk goods, services or works, or by procuring needed supplies.
The detailed rules referred to in the eighth chapter of the "above" contain this figure, "the following" does not contain this number.
87th international bidding in purchasing and management of imported products in accordance with the relevant provisions of the State.
Using loans from international organizations and foreign Governments for government procurement, a lender, funding reached an agreement with the Chinese side on the procurement provisions of specific conditions, can apply its provisions, without prejudice to national interests and public interests.
88th standard major procurement projects, the bid rules, primary procurement and evaluation experts, social procurement agencies, government procurement supervisor, management approaches, developed separately by the authorities. 89th these rules come into force on June 1, 2013.
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