(Consideration of the 89th Standing Committee of the People's Government of the House of Commons, 22 December 2009, through Order No. 137 of 28 December 2009 of the People's Government Order No. 137 of 28 December 2009, of the operation effective 1 March 2010)

Chapter I General

Article 1, in order to regulate the procurement of the Government, enhance oversight management, develop this approach in line with the relevant laws, regulations, such as the Government of the People's Republic of China Procurement Act.

Article 2, which refers to government procurement, refers to the actions of State organs, business units and group organizations at all levels of the city (hereinafter referred to as the procurementr), the use of financial funds to concentrate on the purchase of goods, works and services that are within or above the procurement threshold.

The approach refers to financial funds, including funds within the financial budget, government funds administered in the context of the financial budget management, extrabudgetary funds that are integrated into the management of the financial exclusive households, income from the unit of the finance management and other funds.

Article 3 Government procurement works are subject to the provisions of the solicitation proposals relating to legal regulations. The solicitation laws and regulations do not provide for other procurement activities under the Government procurement law and other relevant government procurement provisions.

Information on government procurement should be made available to society in a timely manner on the Government of China's procurement network and the Public Procurement Network (hereinafter referred to as the Government's procurement information dissemination media), with the exception of national secrets and commercial secrets.

Article 5 Specific day-to-day management of government procurement is the responsibility of the Government's procurement authority.

The above-mentioned financial sector is governed by law by the supervision and guidance of the lower-level financial sector in compliance with the supervision of government procurement activities.

Other relevant parts of the Government perform oversight functions related to the procurement activities of the Government in accordance with the law.

Article 6. The financial sector should adopt modern information technology instruments and methods to implement e-government procurement and improve government procurement efficiency and regulatory levels.

Chapter II

Article 7

Article 8 incorporates procurement projects within the Government's centralized procurement catalogue and should be centralized.

The Government concentrates on goods, construction and services other than the directory of procurement, with the amount of single or quantified procurement that meets the prescribed threshold standards and is subject to decentralized procurement.

The Government concentrates on items of goods, construction and services that are outside the list of procurement, which are subject to the procurement threshold, and are procured by the procurement unit itself.

The specific implementation method of procurement by the Government of Grand Goods is developed by the municipal finance and inspection services.

Government procurement should be conducted in accordance with national provisions.

Government procurement methods include open tenders, invitations to tenders, competitive negotiations, single-source procurement, solicitation and other procurement methods established by the State.

Article 10. Public solicitation shall be the main procurement method for government procurement.

The Government's procurement of goods or services meets the prescribed standards and shall be subject to open tendering. The approval of the municipal finance sector should be obtained prior to the start of the procurement activity, owing to the need for a procurement method other than open tenders.

Article 11. The procurementr shall not make the goods or services to be procured in an open solicitation manner zero or otherwise circumvent public tender procurement.

In one budget year, the procurementr did not duplicate the procurement of the same goods or services by means of public solicitation, with a total amount exceeding the standard of the amount of open tendering, as a whole to avoid public solicitation, except for procurement methods other than public tenders authorized by law.

Article 12 Government procurement should give priority to the procurement of autonomous innovative products, energy products and environmental mark products.

Entrepreneurship and local product production enterprises are encouraged to participate actively in government procurement activities.

Chapter III Procurement proceedings

Article 13. The procurement of goods, construction and services by the procurementr shall be reviewed by the financial sector in accordance with the sectoral budgeting government procurement budget implementation plan.

The Government's procurement budget implementation plan should include the name of the procurer, the procurement project, the number of procurement, the price, specifications and technical requirements, the composition of the source of funds, the projected procurement time, delivery or completion of work hours.

Article 14. The financial sector reviews the Government's procurement budget implementation plan, validates the procurement budget, procurement form and procurement modalities, and makes timely reviews.

The Government's budget for procurement projects needs to be adjusted and should be carried out in accordance with established management authority and procedures.

Article 15 Government procurement project evaluation activities are carried out by a review committee established by law, a negotiating group or a contact group. The evaluation board, the negotiating group or the solicitation team are composed of procurement representatives and government procurement evaluation experts. The procurement representative should be familiar with the economic technical requirements of the procurement project and be determined in writing by the procurementr.

The Government's procurement project evaluation experts should be drawn from the IPR expert bank, which is not appropriate to participate in the evaluation, and from the local government procurement evaluation expert pools to the extent that the project is special, the local government expert pools may be produced through random drawings, with approval by the municipal financial sector.

A technical complex, professional and highly specialized procurement project is difficult to identify appropriate evaluation experts through random means, and, with the consent of the municipal financial sector, the evaluation expert can be determined in a selective manner. The National Government's procurement evaluation expert bank was established by the municipal finance sector.

Article 16 provides for the establishment of a unified government procurement vendor bank by law.

Article 17, in the procurement of tenders, shall be subject to the exhaustion of tenders in accordance with the Government's procurement law and, after the expiry of the tender, the procurementr shall reorganize the tender in accordance with the law. Other forms of procurement need to be procured and approval by the municipal financial sector.

Article 18, in competitive negotiations or in solicitation procurement, only two suppliers that meet the corresponding eligibility conditions, either the negotiating group or the solicitation team may negotiate or offer with two suppliers; and only one can take a single-source procurement.

Article 19 In competitive negotiations or in solicitation procurement, less than three suppliers with a substantive response to a negotiating document or a letter of solicitation shall be added to the list of suppliers that meet the corresponding qualifications.

Upon replenishment, only two suppliers with a substantive response to the negotiating document or the solicitation letter may negotiate or consult the two suppliers; only one could be procured by a single source.

Article 20 allows the use of a single procurement form. When the procurementr purchases the items below the amount of public solicitation, the procurement may be made available to any supplier that would provide the same products at a price that is not higher than that for the same period of three months.

Article 21, the procurementr shall enter into a government procurement contract with the mark and the supplier.

Upon the agreement of the procurement owner, the sub-contracting supplier is governed by the law by a subcontractor to the Government's procurement contract, and only the portion of the sub-prime and non-critical work is subcontracted to other suppliers. The subcontractor shall have the required qualifications and shall not be subcontracted again.

The procurementr shall not compel or adopt other illegal means to require a sub-contract of government procurement; nor shall it carry out a contract of government procurement with a variety of subsidiaries, compossible suppliers or contractors, which undermines national interests and the public interest.

The procurementr, the procurement agent and the procurement agency should collate and maintain government procurement project documents in accordance with the provisions.

Chapter IV Questions and complaints

Article 23. The supplier considers the following matters to be compromised by its own rights and may, in accordance with the law, raise written questions to the procurementr or the procurement agent of which it is entrusted:

(i) There are discriminatory and restrictive provisions in procurement documents;

(ii) The addition, clarification or modification of the procurement documents is not subject to a prescribed notice;

(iii) The interesting relationship between the procurementr or the relevant personnel and the supplier should be avoided;

(iv) The procurement process violates the provisions of the relevant government procurement laws, regulations and regulations;

(v) A collusion between the procurementr, the procurement agent and other suppliers or other suppliers;

(vi) Other suppliers provide false information to deceive the mark and surrender;

(vii) Other suppliers bribeing or otherwise unjustifiable interests to procurementrs, procurement agents, procurement agents or other relevant personnel;

(viii) The supplier considers the procurement documents, the procurement process and the mark, the outcome of the submission to the detriment of its rights.

The supplier raises a written challenge and should accompany the relevant documentation.

The procurementr and the procurement agent responded to the question posed by the supplier by law; questioned technical considerations, the procurementr and the procurement agent should organize the review of the original evaluation committee and respond in accordance with the law of the review.

Article 24 challenged suppliers who were not satisfied with the responses of the procurementr, the procurement agent or the procurementr, the procurement agent's failure to respond within the prescribed time frame could submit complaints to the financial sector in accordance with the law. suppliers may not fabricate facts or provide false and malicious complaints.

The complaint and the material supporting are external and should be made available simultaneously.

The financial sector at all levels should publish the names, addresses, mails, telephones and faxes of the agencies that receive vendor complaints in the public procurement information media to facilitate vendor complaints.

Article 25. The financial sector shall, within 30 working days of the receipt of the complaint, decide on the matter of the complaint and, in writing, inform the complainant, the complainant and the parties involved in the matter of the complaint and make public the results of the complaint in the Government's procurement information.

The situation is complex and cannot be resolved within the prescribed time period, with the approval of the head of the financial sector, it may be appropriate to extend the extension period and to inform the complainant and the complainant of the reasons. However, the extension period should not exceed 15 working days.

Oversight inspection

Article 26 The financial sector should establish a system of inspection of the procurement agency, conduct an examination of the procurement price of the procurement agent, the effectiveness of savings, the quality of services, the credibility, the existence of an inviolable nature, and publish the results on a regular basis in the Government's procurement information. The Government's procurement activities cannot take place within six months, with no qualifications.

Article 27, when the financial sector conducts inspections under the law, the Government's procurement parties and other participants in government procurement activities should provide information on the facts.

The financial sector can make specific oversight observations on the issues identified in the oversight inspection, based on the circumstances.

The financial sector and the relevant government departments that have oversight over government procurement activities under the law should strengthen the oversight of government procurement activities in accordance with the division of duties.

Chapter VI Legal responsibility

In article 29, the procurementr and the procurement agent are one of the following cases, and the time limit is being changed. (a) A person responsible for the procurement and other direct responsibilities, by its administrative authorities or by the authorities concerned, shall be disposed of in accordance with the law;

(i) The Government's procurement information was not duly disclosed in the media as required;

(ii) No government procurement should be carried out in accordance with the law;

(iii) No governmental procurement budget implementation plan, as prescribed;

(iv) Unauthorized changes in government procurement practices;

(v) No provision for the identification of governmental procurement evaluation experts;

(vi) Conclusive tenders, subcontracting suppliers to perform government procurement contracts or subcontracted with moderates and lenders to perform government procurement contracts that undermine national interests and the public interest;

(vii) Unprotected procurement documents for government procurement activities as required;

(viii) The question of suppliers was not dealt with late.

Article 33 is one of the following cases in which suppliers are included in the list of poor behavioural records by the financial sector; in serious circumstances, they are prohibited from participating in government procurement activities within 1 to 3 years and are punishable by law:

(i) No governmental procurement contract is concluded in accordance with matters identified in the procurement documents;

(ii) Contrarying facts or providing false and malicious complaints;

(iii) Other cases provided for in the legislation.

Article 31, Staff of the financial sector and the relevant government departments that have supervisory responsibility for government procurement activities under the law, has one of the following cases to be disposed of by law; constitutes an offence punishable by law.

(i) The procurement agent does not conduct a legal examination against the legitimate rights and interests of the parties;

(ii) No decision to deal with the matter of the complaint within the prescribed time frame, or whether the complaint of the offence is to be examined by law without being examined;

(iii) The failure of the Government to perform its duties under the law in the administration of procurement, which has serious consequences;

(iv) Other abuses of authority, toys negligence and to favour private fraud.

Chapter VII

Article 32 uses borrowings reimbursed by financial funds for procurement and applies this approach to the procurement of financial funds.

The centrality, the provincial governor's office, the cause unit, and social groups can implement government procurement in the light of this approach.

Article 33 does not apply to emergency procurement and procurement involving national security and secrets caused by serious natural disasters and other force majeure events.

Article 34 of this approach is explained by the Ministry of Finance.

Article 55 of this approach is implemented effective 1 March 2010.