Measures For The Xiamen Municipal Government Procurement

Original Language Title: 厦门市政府采购管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256420.shtml

Measures for the Xiamen municipal government procurement

    (December 22, 2009, Xiamen City people's Government of the 89th meeting consideration on December 28, 2009, Xiamen City people's Government announced the 137th come into force on March 1, 2010) Chapter I General provisions

    First in order to standardize government procurement actions, strengthen the supervision and management, according to the People's Republic of China Government procurement law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article on government procurement in these measures refers to State organs, institutions and organizations at all levels in this municipality (hereinafter referred to as buyer), using financial funds within procurement catalogue for centralized procurement of procurement quotas or more types of goods, construction and services.

    Financial capital in these measures, including the management of budget funds, included in the budget of Government funds, included in the financial accounts management of extrabudgetary funds, included in the financial management of income and other funds in public institutions. Article of tenders to bid on government procurement, tendering provisions of relevant laws and regulations applicable.

    Bidding laws and regulations do not provide, and other procurement activities of the project in accordance with the Government procurement law and other regulations on government procurement.

    Fourth article shall at the same time on the China Government procurement government procurement information network and the Xiamen municipal government procurement (hereinafter referred to as government purchasing information media) is released to the public in a timely manner, except that involve State secrets and commercial secrets. Fifth article of the financial departments at all levels, are responsible for the supervision and administration of government procurement sectors, perform his duties of supervision and management of the level of government procurement activities.

    Day-to-day management of government procurement by government procurement agencies.

    Superior financial departments shall supervise and guide the financial departments at lower levels to perform their supervision and management of procurement activities of the Government.

    Other relevant government departments to perform their supervisory and management functions relating to government procurement activities.

    Article sixth financial authorities should use modern information technology means and methods, the implementation of electronic government procurement, improve the efficiency of government procurement and regulatory standards.

    Chapter II forms of procurement and purchasing

    Seventh article of the Municipal Government of centralized purchasing directories and procurement quotas in accordance with its mandate to identify and release.

    Eighth in the Government directory for centralized procurement of items, should be centralized procurement.

    Government directory for centralized procurement of goods, construction and services, individual or bulk purchasing amount limit above standard, implement purchase.

    Centralized government procurement directory, procurement below the thresholds of goods, works and services from procurement units procurement.

    Specific measures for implementation in government procurement of bulk goods, developed separately by the municipal finance and supervision Department.

    Nineth government procurement should be carried out in accordance with State regulations.

    Government procurement methods, including public bidding, inviting tendering, competitive negotiations, single source purchasing, quotation and other procurement methods set by the State.

    Tenth public tender should serve as the main mode of procurement of government procurement. Government purchasing goods or services meet the required standards, public tenders should be taken.

    Due to exceptional circumstances require an open tender procurement method other than, in advance of the procurement activities should be approved by the municipal finance department.

    11th procurement shall not be by open tender procurement of goods or service parts or in any other way circumvent public bidding.

    Purchaser in a budget year without repeat purchasing through open tendering the same kind of goods or services, total amount of more than the public tender amount and considered breaking up to avoid competitive bidding, but legally adopts the public tender procurement method other than approved otherwise.

    12th government purchasing should give priority to purchase innovative products, energy products, environmental labeling products.

    Encourages the city honest enterprise, local products production enterprises to actively participate in the Government procurement activities.

    Chapter III procurement process

    13th procurement procurement of goods, construction and services should be based on the approval of the budget of the Ministry procurement budget execution plans, audits of the financial sector.

    Government procurement budget implementation plan shall include purchaser name, purchase items, quantity, price, specifications and technical requirements, funding sources, structure, buy time, such as delivery or completion date.

    Government procurement article 14th financial departments to submit budget execution audit plans and finalize purchasing budget, procurement and purchasing, and make a written reply.

    Government procurement projects capital budget need to be adjusted, should be in accordance with the provisions of the administrative rights and procedures. 15th bid on government procurement review activities established by law of the bid Committee, the negotiating group or the inquiry team is responsible for. Bid evaluation Committee, the negotiating group or inquiry by the purchaser on behalf of the Group and review of government procurement experts.

    Procurement representative should be familiar with the procurement projects of economic and technical requirements, and determined by the purchaser in written form.

    Project review of government procurement experts from the municipal government procurement expert library produced by randomly extracted; projects in special circumstances, local government experts experts amounts to less or not suitable to participate in the review, approved by the Municipal Finance Department, government procurement experts from the field through randomly generated. Technology is complex and highly professional procurement projects, by random means it is difficult to determine the appropriate evaluation expert, agreed by the Municipal Finance Department, experts could be established a selective review.

    Government procurement experts in the city by the Municipal Finance Department is responsible for the standardized form.

    16th Municipal Finance Department shall establish unified government procurement suppliers in the city library. 17th in the bidding, in accordance with the Government procurement law, shall be void, after the annulment, the procuring entity shall, reorganize the tenders.

    Other procurement need to be taken, should be approved by the municipal finance department.

    18th in a competitive negotiation or request for quotation in procurement, in line with the corresponding qualified suppliers only two, the negotiating team or the inquiry team can negotiate with two suppliers or requests for quotations; only 1, you can take a single source procurement.

    19th in a competitive negotiation or request for quotation in procurement, negotiations or substantive response to notice of inquiry made suppliers less than 3, the negotiating team or the inquiry team should meet supplement determined in the appropriate lists of qualified suppliers to participate in the negotiations or a RFQ vendor.

    After it has been added the negotiations files or suppliers only two substantive response to the notice of inquiry, the negotiating team or the inquiry team can negotiate with two suppliers or requests for quotations; only 1, you can take a single source procurement. 20th of the same form can be used with a single purchase of goods.

    Procurement the procurement of public tender level below the standard of the goods item, after approval by the financial Department, can be of the same product within a period of not more than 3 months the city government purchase price, price reduced price to any supplier can provide the same product to purchase.

    21st buy one with the bid, clinching a supplier should be determined according to the purchase documents signed the Government procurement contracts. Agreed by the buyer, bid or contract suppliers subcontract performance under law of government procurement contracts, bid, closing part of the project can only be a non-subject, complete critical work to other suppliers.

    Subcontracting the supplier shall meet the prescribed qualifications, and shall not subcontract it again.

    Purchaser may not force or other unlawful means, request the successful tenderer, clinching a vendor package implementation of government procurement contracts and not and the bid or contract suppliers collude to fulfil government contracts to the detriment of national interests and public interests.

    Procurement activities after the end 22nd article, procurement, purchasing agency shall, in accordance with the provisions keep and clear up the Government procurement project files.

    The fourth chapter questions and complaints

    23rd suppliers consider the following matters so that their rights are being infringed, you can purchase according to law or its authorized procurement agencies to submit written questions:

    (A) the procurement document discrimination, restrictive terms;

    (B) the procurement documents supplement, clarify or modify without notice according to stipulations;

    (C) procurement staff or related personnel and suppliers ' interests, should be avoided and not evaded;

    (D) procurement procedures violate the provisions of relevant laws, rules and regulations on government procurement;

    (E) procurement, procurement agencies and other suppliers or other vendors there is collusive behaviour between;

    (Vi) provided false information to obtain bid, sold by other suppliers;

    (VII) other suppliers to the procurement, purchasing agent, buyer or other related bribery or other improper interests;

    (H) the vendors consider purchasing documents, procurement processes, and the winning bidder, closing with the result that their rights are being infringed by other matters.

    Suppliers to submit written questions shall attach thereto any relevant evidential materials.

    Purchasing, procurement agency suppliers responded to questions raised by law; on questions involving the technical aspects, buyer, procurement agencies shall organize the Review Committee reviewed and according to the review shall make answer. Article 24th challenged suppliers on procuring, purchasing agents is not satisfactory or procuring, purchasing agency has not replied within the time prescribed, you can complain to the relevant financial departments according to law.

    Supplier shall not fabricate facts or providing false information false or malicious complaints.

    Complaint and supporting materials for foreign language, should be also presented the Chinese version.

    Financial departments at all levels should be published in the information media on government procurement agencies accepting the complaint's name, address, zip code, telephone, fax, in order to facilitate vendor complaints.
25th Finance Department shall, within 30 working days after receiving the complaint, treatment decision on complaints, and notify in writing the complainant, respondent and complaint-related parties, and published in the information media on government procurement complaint handling.

    Situation is complex, cannot make a decision within the prescribed period, approved by the head of the financial Department, may be appropriately extended, informed of the extension and the reason for the complainant and the respondent.

    But the extension of the maximum period shall not exceed 15 working days.

    Fifth chapter of supervision and inspection Article 26th financial departments shall establish a procurement agency appraisal index system of purchase price, saving money for procurement agency results, service quality, credit status, there is no violation on such matters as assessment and purchasing information media regularly publish the results of the Government.

    Failed to pass the test at 6 months should not participate in the procurement activities of the Government in this city.

    27th financial departments shall carry out checks at the party in government procurement and other staff involved in the procurement activities of the Government should faithfully reflect the situation, providing related materials.

    To the supervision of the financial sector problems discovered in the inspection issue Government procurement supervision opinions, specific monitoring views.

    28th financial sector and in accordance with the procurement activities of the Government departments responsible for the supervision and administration of the Government, should be in accordance with the Division of responsibilities, strengthening oversight of government procurement activities.

    The sixth chapter legal liability Article 29th procurement, procurement agency any of the following circumstances, a rectification.

    On procurement people directly is responsible for of competent personnel and other directly responsibility personnel, by its administrative competent sector or about organ law give disposition, and to informed; on procurement agent institutions, by financial sector give warning, can and at 1000 Yuan following of fine; plot serious of, can suspended its agent government procurement agent business, and recommends about sector law canceled its Government procurement agent institutions qualification:

    (A) is not required in the information media announcements on government procurement government procurement information;

    (B) it shall implement the Government procurement government procurement projects according to law;

    (C) not complying with the provisions of government procurement budget implementation plan;

    (D) without approval, arbitrarily change the way government procurement;

    (E) the selection of government procurement experts not according to stipulations;

    (F) the forced bid, clinching a vendor package implementation of government procurement contracts, or and the bid or contract suppliers collude to fulfil government procurement contract, harm the interests of the State and social public interests;

    (VII) not complying with the provisions for safe keeping government procurement activities procurement documents;

    (H) questions on the supplier fails to deal with.

    30th supplier has one of the following, by the financial sector on a record of bad behavior list are serious, 1-3 and banned from government procurement activities, and shall be punished:

    (A) matters not determined according to the purchase documents entered into government procurement contracts;

    (B) the fabrication of false or malicious complaints or provide false materials;

    (C) other circumstances as stipulated by laws and regulations.

    31st financial departments and in accordance with the procurement activities of the Government departments responsible for the supervision and management of government staff, any of the following circumstances, shall impose disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

    (A) the procurement agency fails to appraisal, violations of the legitimate rights and interests of the parties;

    (B) the complaint does not make a decision within the prescribed time limit, or complaints of violations should be investigated and dealt with according to law and not to be investigated;

    (C) failing to perform their duties in the implementation of government procurement supervision, causing serious consequences;

    (Iv) other abuse, negligence, acts of favoritism.

    The seventh chapter by-laws

    Articles 32nd to purchasing used government funds to repay loans, as with the use of Government funds procurement, these measures shall apply.

    Central Security, provincial in organs, institutions, social organizations in accordance with the measures implementation of government procurement.

    Article 33rd due to serious natural disasters and other force majeure events implemented emergency procurement and procurement involving national security and secret, these procedures do not apply.

    34th article of the approach by the City Department of finance is responsible for the interpretation. 35th these measures shall come into force on March 1, 2010.